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Home My WebLink About2023/02/14 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, February 14, 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. • Submit an eComment: Visit www.chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments can be submitted until the conclusion of public comments for the item and are viewable online upon submittal. If you have difficulty submitting eComments, email comments to: cityclerk@chulavistaca.gov. • HOW TO WATCH: Live stream is available at www.chulavistaca.gov/councilmeetings. To switch the video to Spanish, please click on "ES" in the bottom right hand corner. Meetings are available anytime on the City's website (English and Spanish). ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. SPEAKER TIME LIMITS: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for specific items listed on the agenda - Three minutes* for items NOT on the agenda (called to speak during Public Comments) - A group of individuals may select a spokesperson to speak on their behalf on an agenda item, waiving their option to speak individually on the same item. Generally, five minutes are allotted per person, up to a limit of 30 minutes, although the limits may be adjusted. Members of the group must be present. *Individuals who use a translator will be allotted twice the amount of time. GETTING TO KNOW YOUR AGENDA Agenda Sections: CONSENT CALENDAR items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Councilmembers and staff may request items be removed and members of the public may submit a speaker slip if they wish to comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items. PUBLIC COMMENT provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda. PUBLIC HEARINGS are held on matters specifically required by law. The Mayor asks for presentations from staff and from the proponent or applicant involved (if applicable) in the matter under discussion. Following questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. The hearing is closed, and the City Council may discuss and take action. ACTION ITEMS are items that are expected to cause discussion and/or action by the Council but do not legally require a Public Hearing. Staff may make a presentation and Councilmembers may ask questions of staff and the involved parties before the Mayor invites the public to provide input. CLOSED SESSION may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiating position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law. Council Actions: RESOLUTIONS are formal expressions of opinion or intention of the Council and are usually effective immediately. ORDINANCES are laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings: an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval. 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. City of Chula Vista City Council February 14, 2023 Post Agenda Page 2 of 219 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.CONSENT CALENDAR (Items 4.1 through 4.11) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 4.1 through 4.6 and 4.9 through 4.11. The headings were read, text waived. The motion carried by the following vote: 4.1 Approval of Meeting Minutes 10 RECOMMENDED ACTION: Approve the minutes dated: January 24, 31, and February 7, 2023. 4.2 Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 4.3 Consideration of Request for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 4.4 Development Agreement: Adopt an Ordinance Approving the Second Amendment to the Otay Ranch Eastern Urban Center Development Agreement Between the City of Chula Vista and McMillin Otay Ranch, LLC (Second Reading) 30 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: Adopt an ordinance approving the second amendment to the Otay Ranch Eastern Urban Center Development agreement with McMillin Otay Ranch, LLC. (Second Reading) City of Chula Vista City Council February 14, 2023 Post Agenda Page 3 of 219 4.5 Ambulance Transport System: Adopt a City Council Policy, “Ambulance Transport System Enterprise Fund Reserve Policy” 50 Report Number: 23-0012 Location: No specific geographical location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution adopting a City Council policy for the establishment of a reserve policy for the Ambulance Transport System (“ATS”) Enterprise Fund. 4.6 Grant Acceptance and Appropriation: Accept a Grant From The Roy and Marian Holleman Foundation for Miscellaneous Items for the Animal Shelter and Appropriate Funds Accordingly 56 Report Number: 23-0015 Location: Chula Vista Animal Care Facility, 130 Beyer Way Department: Animal Care Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting a grant from the Roy and Marian Holleman Foundation in the amount of $34,200 for the improvement of the animal shelter and appropriate funds accordingly. (4/5 Vote Required) ITEMS REMOVED FROM THE CONSENT CALENDAR 4.7 City Elections: Adjust Campaign Contribution Limit for Any Election Held on or After January 1, 2024 and Amend Various Sections of Chula Vista Municipal Code Chapter 2.52 Accordingly 59 Report Number: 23-0026 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. City of Chula Vista City Council February 14, 2023 Post Agenda Page 4 of 219 RECOMMENDED ACTION: Place an ordinance on first reading amending various sections of Chula Vista Municipal Code (CVMC) Chapter 2.52 reflecting adjustments to the campaign contribution limits for individuals and political party committees for any election occurring on or after January 1, 2024, as required by CVMC section 2.52.040(D). (First Reading) 4.8 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 65 Report Number: 22-0319 Location: Five of the nine activities funded through this action are not site- specific. The remaining four are located at: 31 4th Avenue• 205 27th Street• D Street• 333 Oxford Street • Department: Housing and Homeless Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA State Guidelines and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”). RECOMMENDED ACTION: Adopt a resolution: 1) approving a First Amendment to the 2022/2023 Annual Action Plan to reallocate available funding from the U.S. Department of Housing and Urban Development; 2) authorizing the City Manager or designee to execute all necessary documents to implement; 3) authorizing a subrecipient agreement with Alpha Project; and 4) appropriating funds for that purpose. (4/5 Vote Required) City of Chula Vista City Council February 14, 2023 Post Agenda Page 5 of 219 4.9 Authorized Law Enforcement Grant Positions: Approve the Reclassification of Two FA Supervisory Intelligence Analyst I Positions to FA Supervisory Intelligence Analyst II Positions 93 Report Number: 23-0043 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the reclassification of two FA (Fiscal Agent) Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II positions in the authorized staffing of the Police Grants Section of the Federal Grants Fund for High Intensity Drug Trafficking Area and San Diego Law Enforcement Coordination Center. 4.10 Agreement: Accept Bids and Award an Agreement with PM AM Corporation to Provide Security Alarm Management Services 98 Report Number: 22-0321 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting proposals and awarding an agreement to PM AM Corporation to provide security alarm management services. City of Chula Vista City Council February 14, 2023 Post Agenda Page 6 of 219 4.11 Contract Award and Appropriation: Award a Design-Build Agreement to EC Constructors, Inc. for the Construction Phase of the Renovation of Fire Station 1; Amend the Infrastructure, Facilities, and Equipment Expenditure Plan; and Appropriate Funds 166 Report Number: 23-0035 Location: 447 F Street (F Street & Fourth Avenue) Department: Engineering & Capital Improvements Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt a resolution (1) Awarding a Design-Build Agreement to EC Constructors, Inc. for the construction phase (Phase 2) of the Renovation of Fire Station 1, in the amount of $6,227,406 (CIP No. GGV0252); (2) Amending the Infrastructure, Facilities, and Equipment Expenditure Plan; and (3) Amending the Fiscal Year 2022/23 CIP Program budget by appropriating $550,000 from the available balance of the Measure P Fund to GGV0252. (4/5 Vote Required) 5.PUBLIC COMMENTS The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 6.PUBLIC HEARING The following item(s) have been advertised as public hearing(s) as required by law. 6.1 Permit Processes and Regulations: Consideration of Amendments to Various Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit Processes and Regulations, Fix Outdated References, and Align with State Law Report Number: 23-0018 Location: No specific geographic location Department: Development Services Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Continue the public hearing to a future date. 7.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. City of Chula Vista City Council February 14, 2023 Post Agenda Page 7 of 219 7.1 Legislative Platform: Approve the 2023/24 Legislative Platform 174 Report Number: 22-0323 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: To adopt Resolution No. 2023-016, as amended. The heading was read, text waived. The motion carried by the following vote: 8.CITY MANAGER’S REPORTS Environmental Services Manager Medrano spoke regarding assistance provided by Republic Service to residents who need help with trash pickup. 9.MAYOR’S REPORTS 10.COUNCILMEMBERS’ COMMENTS 11.CITY ATTORNEY'S REPORTS 12.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) 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of case: Estate of Oral W. Nunis, Sr., by and through Roxie Nunis, et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627- AJB-DEB. 12.2 Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One [1] case City of Chula Vista City Council February 14, 2023 Post Agenda Page 8 of 219 13.ADJOURNMENT to the special City Council workshop on February 16, 2023 at 5:30 p.m. in the Council Chambers; and then the regular City Council meeting on February 21, 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 City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista City Council February 14, 2023 Post Agenda Page 9 of 219 Page 1 City of Chula Vista Regular Meeting of the City Council Meeting Minutes January 24, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:09 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Cardenas led the Pledge of Allegiance. 4. CONSENT CALENDAR (Items 4.1 through 4.6) Items 4.4 and 4.6 were removed from the consent calendar by staff and a member of the public, respectively. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 4.1 through 4.3 and Item 4.5. The headings were read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Page 10 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 2 4.1 Approval of Meeting Minutes Approve the minutes dated: January 17, 2023. 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. 4.5 Grant Amendment: Amend Agreements for the U.S. Department of Health and Human Services San Diego Advancing Minority Health Literacy Program, Authorize the City Manager to Enter into Agreement with Schiaffino Group LLC, and Reallocate Grant Funds Adopt a resolution: A) Authorizing the City Manager to execute a Second Amendment No. 2023-006 to original Agreement No. 2021-079 with The Regents of the University of California on behalf of its San Diego Campus (UCSD) and a First Amendment No. 2023-007 to original Agreement No. 2021-080 with the San Diego State University Research Foundation (SDSURF); B) Authorizing the City Manager to enter into an Agreement No. 2023-005 with Schiaffino Group LLC to provide expert health literacy consultation; and C) Reallocating funds for these purposes to implement the “San Diego Advancing Minority Health Literacy Program (SD-AMHLP).” Item 4.5 heading: RESOLUTION NO. 2023-006 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA: (A) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH SCHIAFFINO GROUP LLC TO PROVIDE EXPERT HEALTH LITERACY CONSULTATION; (B) AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A SECOND AMENDMENT TO AGREEMENT NO. 2021-079 WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON BEHALF OF ITS SAN DIEGO CAMPUS AND A FIRST AMENDMENT TO AGREEMENT NO. 2021-080 WITH THE SAN DIEGO STATE UNIVERSITY RESEARCH FOUNDATION; AND (C) REALLOCATING GRANT FUNDS FOR THESE PURPOSES TO IMPLEMENT THE “SAN DIEGO ADVANCING MINORITY HEALTH LITERACY PROGRAM (SD-AMHLP)” ITEMS REMOVED FROM THE CONSENT CALENDAR 4.4 Grant Acceptance and Appropriation: Accept a Grant through the County of San Diego Capital Emergency Housing Solutions Grant Program for the Chula Vista Homeless Bridge Shelter Capital Project, Approve an Associated Ag reement, and Appropriate Funds Homeless Services Manager Davis thanked County representatives for their efforts. Alan C. expressed concern regarding the Health and Human Services building and surrounding areas. Page 11 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 3 A concerned citizen submitted written communication expressing a neutral position on the item. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-005, heading read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 4.4 heading: RESOLUTION NO. 2023-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING: A) PARTICIPATION IN THE COUNTY OF SAN DIEGO CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM; B) APPROVING AN AGREEMENT WITH THE COUNTY OF SAN DIEGO; AND C) APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 4.6 Purchase Award: Waive the Competitive Bid Process and Approve the Purchase of Ford Maverick XL Vehicles from Penske Ford La Mesa Alan C. spoke in opposition to staff's recommendation and expressed support for competitive bidding. Assistant Police Chief Collum spoke regarding the item. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-007, heading read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 4.6 heading: RESOLUTION NO 2023-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID PROCESS AND AUTHORIZING THE PURCHASE OF FORD MAVERICK VEHICLES FROM PENSKE FORD LA MESA 5. PUBLIC COMMENTS Alan C. spoke regarding increased pricing. John Acosta, Chula Vista resident, spoke regarding recognition to veterans and Councilmembers interacting with their districts. Mary D. spoke regarding the Brown Act and the vehicle mileage tax. City Attorney Googins spoke regarding Brown Act rules and an upcoming Ethics training. Page 12 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 4 Deputy Mayor Preciado spoke in response to public comments made. Joann Fields, representing Asian Pacific Islander Initiative (API), spoke regarding crime in the area and the upcoming San Diego API Community Town Hall. The following members of the public spoke in opposition to a mileage tax:  Linda I.  Cherry Inchaurregui  Adan Cordoza Delia Dominguez-Cervantes, Chula Vista resident, spoke regarding the City Council appointment process. Anna spoke in opposition to the appointment process. Steve Stenberg spoke in support of non-partisan consideration of applicants. Robert Johnson submitted written communication in support of a special election. 6. PUBLIC HEARINGS 6.1 Annual Report: Federal Block Grant Programs Funding Priorities for Fiscal Year 2023/24 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor McCann opened the public hearing. Management Analyst Barnard gave a presentation on the item. Robert Johnson submitted written communications in opposition to staff's recommendation. There being no members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Cardenas To accept the report. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 7. ACTION ITEMS 7.1 Employee Compensation: Amend the Compensation Schedule and Classification Plan for the FA Director of SD LECC, FA Deputy Executive Director, FA IVDC-LECC Executive Director, and FA Finance Manager Police Administrative Services Manager Alegre spoke regarding the item. Page 13 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 5 Alan C. spoke in opposition to staff's recommendation. Moved by Deputy Mayor Preciado Seconded by Mayor McCann To adopt a Resolution Nos. 2023-008 and 2023-009, headings read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 7.1 heading: A) RESOLUTION NO. 2023-008 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT CHANGES IN THE COMPENSATION FOR FA DIRECTOR OF SD LECC, FA DEPUTY EXECUTIVE DIRECTOR, FA IVDC-LECC EXECUTIVE DIRECTOR AND FA FINANCE MANAGER EFFECTIVE JANUARY 1, 2023 B) RESOLUTION NO. 2023-009 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022/23 COMPENSATION SCHEDULE EFFECTIVE JANUARY 27, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 TO REFLECT SALARY INCREASES FOR FA DIRECTOR OF SD LECC, FA DEPUTY EXECUTIVE DIRECTOR, FA IVDC-LECC EXECUTIVE DIRECTOR AND FA FINANCE MANAGER Mayor McCann recessed the meeting at 6:13 p.m. The Council reconvened at 6:24 p.m., with all members present. 7.2 District 3 City Councilmember Vacancy: Determine Interview Questions, Interview Finalists, Make the Appointment to Fill the Vacancy For the Remaining Term, and Administer the Oath of Office to the Newly Appointed Councilmember Mayor McCann explained the appointment process. City Clerk Bigelow and City Attorney Googins spoke regarding the initial application screening process. Alan C. spoke regarding the appointment process. The following members of the public spoke in support of Nimpa Akana:  Judy Gallardo, Chula Vista resident  Ken Muraoka, Chula Vista resident  Michael Gorski, Chula Vista resident  Alex Galicia  Melanie Jimenez, Chula Vista resident Page 14 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 6 John Acosta, Chula Vista resident, spoke in opposition to Councilmembers appointing friends and in opposition to appointing Sophia Rodriguez. Mary D. spoke in opposition to filling the vacancy by appointment and in support of Nimpa Akana if an appointment was made Delia Dominguez-Cervantes, Chula Vista resident, spoke in opposition to filling the vacancy by appointment. Adrianna Clayborne, Chula Vista resident, spoke in opposition to filling the vacancy by appointment and in support of Tanya Williams. The following members of the public spoke in support of Tanya Williams:  Ryan Jones  Lizette Benitez, Chula Vista resident  Vanessa Williams  Hollye Wilde  Maria Morett, Chula Vista resident  Dasha Baker, Chula Vista resident The following members of the public spoke in support of David Diaz:  Veronica Ferguson, Chula Vista resident  Henrietta Paramo, Chula Vista resident  Ray Da Silva, Chula Vista resident  Cida Diehl  Rebecca Lee Michael Inzunza, Chula Vista resident, spoke in support of appointing someone who would serve with integrity. Ellis California Jones, Chula Vista resident, spoke regarding diversity on the City Council and in support of filling the vacancy by special election. Kelvin Barrios, representing Laborers Local 89, spoke in support to Devonna Almagro. Jesse Navarro, Chula Vista resident, spoke in support of appointing the most qualified and honest candidate. Barbara Todd spoke in support of filling the vacancy by special election and, if filled by appointment, she expressed support for Nimpa Akana and Tanya Williams. Lillie spoke in support of filling the vacancy by special election and, if filled by appointment, she expressed support for Nimpa Akana and Tanya Williams. Gail Perez submitted written communications in support of Devonna Almagro. Sara Kent Ochao submitted comments in support of appointing a democrat. Page 15 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 7 TN submitted comments regarding small business restaurants. Crystal Irving, representing SEIU Local 221, submitted written communications in support of Sophia Rodriguez. Mayor McCann recessed the meeting at 7:46 p.m. The Council reconvened at 7:54 p.m., with all members present. City Council discussed and determined the interview questions that would be asked of each candidate. The City Council conducted interviews of the ten finalists: Tanya Williams, David Diaz, Griselda Delgado, Sophia Rodriguez, Alonso Gonzalez, Nimpa Akana, Gian Ghio, Victor Lopez, Daniel Rice (Vazquez), and Devonna Almagro. City Councilmembers each had an opportunity to make a motion and request a second in the pre-determined seniority order of Mayor McCann, Deputy Mayor Preciado, Councilmember Cardenas, and Councilmember Chavez. The four initial nominations were held without action until each City Councilmember had the opportunity to nominate one finalist. Following the initial four nominations, the City Council voted upon the nominations as follows: Moved by Mayor McCann Seconded by Deputy Mayor Preciado To appoint Nimpa Akana to fill the District 3 City Councilmember vacancy for the remaining term. The motion failed by the following vote: Yes (1): Mayor McCann No (3): Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado Result, Defeated (1 to 3) Moved by Deputy Mayor Preciado Seconded by Mayor McCann To appoint Griselda Delgado to fill the District 3 City Councilmember vacancy for the remaining term. The motion failed by the following vote: Yes (1): Deputy Mayor Preciado No (3): Councilmember Cardenas, Councilmember Chavez, and Mayor McCann Result, Defeated (1 to 3) Page 16 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 8 Moved by Councilmember Cardenas Seconded by Councilmember Chavez To appoint Devonna Almagro to fill the District 3 City Councilmember vacancy for the remaining term. The motion failed by the following vote: Yes (2): Councilmember Cardenas, and Councilmember Chavez No (2): Deputy Mayor Preciado, and Mayor McCann Result, Defeated (2 to 2) Moved by Councilmember Chavez Seconded by Deputy Mayor Preciado To appoint Devonna Almagro to fill the District 3 City Councilmember vacancy for the remaining term. The motion failed by the following vote: Yes (2): Councilmember Cardenas, and Councilmember Chavez No (2): Deputy Mayor Preciado, and Mayor McCann Result, Defeated (2 to 2) Mayor McCann moved to appoint Tanya Williams. The motion failed for a lack of a second. Deputy Mayor Preciado moved to appoint Griselda Delgado. The motion failed for lack of a second. Moved by Councilmember Cardenas Seconded by Councilmember Chavez To appoint Devonna Almagro to fill the District 3 City Councilmember vacancy for the remaining term. The motion failed by the following vote: Yes (2): Councilmember Cardenas, and Councilmember Chavez No (2): Deputy Mayor Preciado, and Mayor McCann Result, Defeated (2 to 2) Moved by Councilmember Chavez Seconded by Councilmember Cardenas To appoint Devonna Almagro to fill the District 3 City Councilmember vacancy for the remaining term. The motion failed by the following vote: Yes (2): Councilmember Cardenas, and Councilmember Chavez No (2): Deputy Mayor Preciado, and Mayor McCann Result, Defeated (2 to 2) Page 17 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 9 Mayor McCann moved to appoint Nimpa Akana. The motion failed for lack of a second. Moved by Deputy Mayor Preciado Seconded by Mayor McCann To continue the item to a special meeting on January 31, 2023 at 5 p.m. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 8. CITY MANAGER’S REPORTS There were none. 9. MAYOR’S REPORTS There were none. 10. COUNCILMEMBERS’ COMMENTS There were none. 11. CITY ATTORNEY'S REPORTS There were none. 12. CLOSED SESSION City Attorney Googins stated that the Closed Session items would be continued to a future meeting. 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) 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 Item not discussed B) 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 Item not discussed C) 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 Item not discussed Page 18 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/24 Minutes - City Council - Regular Meeting Page 10 13. ADJOURNMENT The meeting was adjourned January 25, 2023 at 12:59 a.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 19 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Page 1 City of Chula Vista Special Meeting of the City Council Meeting Minutes January 31, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Googins, City Clerk Bigelow, Assistant City Clerk Turner The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE John Acosta led the Pledge of Allegiance and Mayor McCann called for a moment of silence in honor of victims of recent shootings in Monterey Park and Halfmoon Bay. 4. ACTION ITEMS 4.1 District 3 City Councilmember Vacancy: Possible Action to Make an Appointment to Fill the Vacancy For the Remaining Term and Administer the Oath of Office to the Newly Appointed Councilmember (Continued from January 24, 2023 City Council Meeting) Alan C. spoke in opposition to filling the vacancy by special election and in opposition to appointing Devonna Almagro. John Acosta, Chula Vista resident, spoke regarding Councilmembers interacting with constituents of District 3 and in opposition to Councilmembers appointing friends. Page 20 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/31 Minutes - City Council - Special Meeting Page 2 The following members of the public spoke in opposition to appointing Devonna Almagro:  Anna B.  Estela Stachowitz  Delia Dominguez Cervantes  Cheryl Perez Eli K. spoke in opposition to Councilmembers appointing friends. Lillie, Chula Vista resident, spoke in support of appointing Nimpa Akana and in opposition to appointing Devonna Almagro. The following members of the public spoke in support of holding a special election to fill the vacancy.  Erica Lowery  Laura D., Chula Vista resident  Steve Stenberg, Chula Vista resident  Tony Villafranca  John Moore The following members of the public spoke in support of appointing Nimpa Akana:  Norliza Rodriguez, Chula Vista resident  Patty O’Mara  Nerissa Torralba  Diana MJC, Bonita resident Rosemarie Ballard spoke in opposition to appointing a person who is not honest. Russ Hall, Chula Vista resident, spoke regarding the appointment process and in support of holding a special election to fill the vacancy. Robert Garcia, Chula Vista resident, spoke in support of appointing someone other than Devonna Almagro. The following members of the public spoke in support of appointing Tanya Williams:  Dorothy Martin, Chula Vista resident  Ricky Allen, Chula Vista resident Joe Mazares, San Diego resident, spoke in support of holding a special election to fill the vacancy or, if filled by appointment, in support of appointing Nimpa Akana. The following members of the public spoke in support of Devonna Almagro: Page 21 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/31 Minutes - City Council - Special Meeting Page 3  Sonia Farron, San Diego resident  Ana Sanchez, Chula Vista resident  Karla C.  Patricia Cueva Mary Davis, Chula Vista resident, thanked staff for posting the agenda in advance and in support of appointing Tanya Williams or Nimpa Akana. David Diaz, Chula Vista resident, expressed interest in being appointed to fill the vacancy. Mary Soriano, representing the Asian Pacific American Coalition, spoke in support of holding a special election to fill the vacancy. The following members of the public spoke in support of appointing David Diaz:  Veronica Ferguson, Chula Vista resident  Henrietta Parano, Chula Vista resident  Cida Diehl  Miguel Angel-Pino, Chula Vista resident  Alfred Lee, Chula Vista resident The following members of the public submitted a request to speak but were not present when called:  Ryan Pernicano, Chula Vista resident  Alicia Souza, Chula Vista resident Beatriz Suarez-Pastrana, Chula Vista resident, spoke in support of holding a special election to fill the vacancy or, if filled by appointment, in support of appointing Tanya Williams. Tanya Williams, Chula Vista resident, expressed interest in being appointed to fill the vacancy. Rebecca Lee spoke in support of appointing David Diaz and in support of Griselda Delgado and Nimpa Akana. Jesse Navarro, Chula Vista resident, spoke in support of Griselda Delgado and appointing someone honest. Melody, National City resident, spoke regarding a vetting process to fill the vacancy. Mayor McCann recessed the meeting at 6:23 p.m. The Council reconvened at 6:34 p.m., with all members present. The following members of the public submitted written comments expressing opposition: Page 22 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/31 Minutes - City Council - Special Meeting Page 4  David Winter  Lorena Winter  Mark T  Joe Leshen  Sherrie Leshen  Melody Carlson  Kathy Crail  Shirley Powers  Gale Moriarity, Chula Vista resident  Robert Moriarity  Rebecca V. Mekus  Dan Mekus  Maria H.  Bibian Harrison  Dan Rice, Chula Vista resident  Lois Morera, Chula Vista resident  Lina Y.  Olivia G.  Kathleen Adams, Chula Vista resident  Dorlas W.  Diana E.  Carolee W.  Christina Gomez, Chula Vista resident  Char  Cindy D.  Jeni Wilson  Silvia Mangubat  Maria McDuff, Chula Vista resident  Janet Ardagna  Martha Hill, Chula Vista resident Page 23 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/31 Minutes - City Council - Special Meeting Page 5  Brenda Shaw  Beverly Grant-Davidson  Georgina Enriquez  Christine Paxton  Danica Holmes  Bernadette Jacard  Kari Thomas, Chula Vista resident  Donna Hodge  Rosemarie Ballard, Chula Vista resident  Cynthia T.  Michael McCabe, Chula Vista resident  Linda Bianes, Bonita resident  Paula Whitsell, Chula Vista resident  Barbara T.  Eva Adolfsson, Chula Vista resident  Nancy Mascola  Barbara Zacharias  Margaret Lowerie  Robin Leon, Chula Vista resident  Roy Akana, Chula Vista resident  Nancy Tiznado, Chula Vista resident  Edward Legaspie, Chula Vista resident  Melody Hurt, National City resident  Richard Roy, Chula Vista resident The following members of the public submitted written communication in opposition to appointing Devonna Almagro:  Ray Edwards  John Teevan The following members of the public submitted written communications in support of holding a special election to fill the vacancy:  Frank Riley Page 24 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/31 Minutes - City Council - Special Meeting Page 6  Catherine Zordell  Ian Burgar  Robert Johnson, and he also commented regarding masks. The following members of the public submitted written communications in support of holding a special election to fill the vacancy and in opposition to appointing Davonna Almagro if filled by appointment:  Brad Davis  Katy Davis  Dan Luko  Mitch Thompson Gail Perez submitted written communications in support of Devonna Almagro. Sara Kent Ochao submitted comments in support of appointing a democrat. Ruben Guilloty submitted comments regarding a mental health hospital. TN submitted comments regarding small business restaurants. Crystal Irving, representing SEIU Local 221, submitted written communication in support of appointing Sophia Rodriguez. Mayor McCann moved that the vacancy be filled by a special election. The motion failed for lack of a second. Deputy Mayor Preciado moved to appoint Griselda Delgado. The motion failed for lack of a second. Moved by Councilmember Cardenas Seconded by Deputy Mayor Preciado To appoint Alonso Gonzalez to the office of District 3 City Councilmember for the term expiring December 2024. Yes (3): Councilmember Cardenas, Councilmember Chavez, and Deputy Mayor Preciado No (1): Mayor McCann Carried (3 to 1) City Clerk Bigelow administered the Oath of Office to Councilmember Gonzalez. 5. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. City Attorney Googins announced that the Council would convene in closed session to discuss the items listed below. Page 25 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/01/31 Minutes - City Council - Special Meeting Page 7 Mayor McCann recessed the meeting at 7:51 p.m. The Council convened in Closed Session at 7:57p.m., with all members present. 5.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) 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 No Reportable Action B) 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 No Reportable Action C) 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 No Reportable Action D) Name of case: Tlaloc Fait v. City of Chula Vista., et al., San Diego Superior Court, Case No. 37-2022-00013673-CU-PO-CTL No Reportable Action E) Name of case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-00017713-CU-MC-CTL No Reportable Action 6. ADJOURNMENT The meeting was adjourned at 9:25 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 26 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda City of Chula Vista Regular Meeting of the City Council Meeting Minutes February 7, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Googins, Assistant City Clerk Turner Others Present 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 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Assistant City Clerk Turner called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Chavez led the Pledge of Allegiance. 4. PUBLIC COMMENTS The following members of the public spoke in opposition to the Marine Group and in support of prevailing wages:  Javier Santizo, Chula Vista resident, representing Local 619  Daniel De La Rosa, Chula Vista resident, representing Local 619  Doug Hicks, Chula Vista resident  Jesse Garcia, Chula Vista resident  Matt Blake, Chula Vista resident, representing Local 619 Joseph Raso, Chula Vista resident, submitted written communications and spoke in opposition to the tenant protection ordinance. Page 27 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/02/07 Minutes - City Council - Regular Meeting Page 2 At the request of Deputy Mayor Preciado, there was a consensus of the City Council to direct the City Manager to provide the City Council with a report on Chula Vista Municipal Code Section 9.65.080(C)(2). Cheryl spoke in opposition to the recent District 3 City Councilmember appointment and the SANDAG mileage tax. The following members of the public spoke in opposition to the recent District 3 City Councilmember appointment:  Mary Davis  Lillie  Delia Dominguez-Cervantes, Chula Vista resident  Anna B  Bibian Harrison  Char  Noemi Barbara Todd spoke in opposition to the SANDAG mileage tax. Alan C. spoke in opposition to the SANDAG mileage tax and in support of prevailing wages. John Acosta spoke in opposition to the SANDAG Chula Vista representative. Oscar Montoya, Chula Vista resident, representing Operation Promise, expressed interest in partnering with the City to provide additional resources to the community. Richard Soria, Chula Vista resident, spoke in support of improving the Radio Control area at Rohr Park. Brandon Claypool spoke in support of housing programs for individuals who were homeless in the City. 5. WORKSHOP 5.1 Presentation and Discussion on the Justice, Equity, Diversity, and Inclusion Initiative City Manager Kachadoorian introduced the item. Special Projects Manager Evans gave a presentation and responded to questions from the City Council. The following members of the public spoke regarding the item:  Alan C.  Mary Davis  Delia Dominguez-Cervantes, Chula Vista resident  Barbara Todd Page 28 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023/02/07 Minutes - City Council - Regular Meeting Page 3 Mayor McCann recessed the meeting at 6:38 p.m. The Council reconvened at 6:50 p.m., with all members present. 5.2 Presentation and Discussion on the City Budget and Long-Term Financial Plan Deputy City Manager Allen, Director of Finance Schoen, and Budget Manager Prendell gave a presentation on the item and responded to questions from the City Council. Alan C. spoke regarding the item. 6. ADJOURNMENT The meeting was adjourned at 7:5:7 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 29 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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. Page 30 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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 Page 31 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 3 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 Page 32 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 4 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. Page 33 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 5 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 Page 34 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 35 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 36 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 37 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 38 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Page 39 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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. Page 40 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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. Page 41 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Page 3 of 9 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. Page 42 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Page 4 of 9 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. Page 43 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Page 5 of 9 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] Page 44 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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 Page 45 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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) Page 46 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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) Page 47 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 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. Page 48 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Page 10 of 9 EXHIBIT “B” Approximate Depiction of Lot 1 Remainder Parcel Page 49 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE Ambulance Transport System: Adopt a City Council Policy, “Ambulance Transport System Enterprise Fund Reserve Policy” Report Number: 23-0012 Location: No specific geographical location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution adopting a City Council policy for the establishment of a reserve policy for the Ambulance Transport System (“ATS”) Enterprise Fund. SUMMARY On April 9, 2021, the Chula Vista Fire Department took over ambulance services for the City of Chula Vista, City of Imperial Beach and the Bonita/Sunnyside Fire Protection District. Fund 410 was created as an Enterprise Fund for the budgetary management of the new program. The Fire Department has drafted a policy to establish reserves to ensure the fiscal health of the fund to meet known and unknown future obligations for the Ambulance Transport System. 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. Page 50 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On May 12, 2020, the City Council approved Resolution No. 2020-102 directing the Fire Department to provide exclusive Emergency Medical Ambulance Transport Services (ATS) within the City of Chula Vista, the City of Imperial Beach and the Bonita Sunnyside Fire Protec tion district. The resolution adopted a base rate of $2,800 per transport. On March 23, 2021, City Council adopted Resolution No. 2021-052 approving ancillary fees of $104.70 for oxygen, $76.60 for a night charge and $41.73 per mile for ambulance transports. An annual operating budget for Fund 410 was created using adopted base and ancillary fees and multiplying those by the anticipated number of transports within each payor group, where charges for services are spent exclusively on operations and support to provide the ambulance service. Consistent with best practices, a reserve policy has been established for the ATS Enterprise Fund. The purpose of the reserve is to avoid impacts to the General Fund due to transport revenue shortfalls and to establish reserves necessary to meet known and unknown future needs for the ambulance transport system. The policy addresses four main reserve categories of Debt Obligation Reserves, Liability Insurance Reserves, Operating Reserves, and Capital Replacement Reserves. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or the ATS Enterprise Fund as a result of adopting the proposed reserve policy. If approved, funding the reserves will be considered at fiscal year-end, given remaining revenues in excess of annual expenditures. ONGOING FISCAL IMPACT Adopting an ATS Enterprise Fund Reserve Policy supports the long-term fiscal sustainability of the ATS Enterprise Fund. If approved, reserves will be funded in the future using residual ATS revenues. ATTACHMENTS Attachment 1 – ATS Enterprise Fund Reserve Policy Staff Contact: Harry Muns, Raymond Smith, Emily Folker Page 51 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING CITY COUNCIL POLICY NO. [TO BE DETERMINED], “AMBULANCE TRANSPORT SYSTEM ENTERPRISE FUND RESERVE POLICY” WHEREAS, in May 2020, the City Council voted to approve the program for the Chula Vista Fire Department to provide exclusive Emergency Ambulance Transport Services within the City of Chula Vista, the City of Imperial Beach and the Bonita Sunnyside Fire Protection District; and WHEREAS, in alignment with best practices, a reserve policy for the Ambulance Transport System Enterprise Fund is proposed to provide guidelines for the level and use of reserves; and WHEREAS, establishing a carefully considered policy will help mitigate the impact of unknown future needs and impacts due to revenue shortfalls; and WHEREAS, the proposed reserve policy (Exhibit 1) creates a fiscally responsible and sustainable reserve framework for the Ambulance Transport System Enterprise Fund; and WHEREAS, properly funded reserves support the continued provision of ambulance services to residents; and WHEREAS, the proposed policy recommends four reserve categories to provide for greater distinction and increased security and accountability in the use of reserves, including Debt Obligation Reserves, Liability Insurance Reserves, Operating Reserves, and Capital Replacement Reserves. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it adopts City Council Policy No. [To Be Determined], “Ambulance Transport System Enterprise Fund Reserve Policy,” attached hereto as Exhibit 1, in the form presented, with such minor modifications as may be required or approved by the City Attorney and authorizes the City Clerk to enter the City Council policy number in the areas specified in this resolution once assigned. Presented by Approved as to form by Harry Muns Glen R. Googins Fire Chief City Attorney Page 52 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Ambulance Transport System Enterprise Fund Reserve Policy POLICY NUMBER EFFECTIVE DATE PAGE 2/14/2023 1 OF 3 ADOPTED BY: (Resolution No.) DATED: 2/14/2023 AMENDED BY: Resolution No. (date of resolution) BACKGROUND On May 12, 2020, City Council approved Chula Vista Council Resolution No. 2020-102 directing the Fire Department to provide exclusive Emergency Medical Ambulance Transport Services (ATS) within the City of Chula Vista, the City of Imperial Beach, and the Bonita Sunnyside Fire Protection district. In the resolution were revenue projections that included both a base rate and ancillary fees multiplied by the volume of transports to reach projected FY2022 revenues. The resolution adopted a rate of $2,800 as the “Base Cost of Service”. In addition, Resolution No. 2020-103 authorized a purchase agreement with Republic EVS for purchase of 13 ambulances; Resolution No. 2020-104 authorized a purchase agreement with Stryker Medical for gurney systems; Resolution No. 2020-105 authorized a sole source purchase agreement with Zoll Medical Corporation for cardiac monitors and auto pulse systems; and Resolution No. 2020-106 authorized a sole source purchase agreement with Motorola Solutions. These resolutions resulted in loan agreements in the amount of $4,493,100 with Banc of America Public Capital Corp, and an interfund loan in the amount of $4,881,710 from the Measure A available fund balance. These loans are being utilized to provide funding for all capital purchases and start-up costs associated with the Ambulance Transport Program. The interfund loan from Measure A was agreed to be repaid within the first five (5) full years of operation of the ATS program at an interest rate equal to the City’s pooled investment rate of return, which was approximately 2.2% at the time the interfund loan was approved by City Council. The loan from Banc of America Public Capital Corp is repaid in semiannual payments with an annual interest rate of 1.00%. PURPOSE To establish a formal ATS Enterprise Fund Reserve Policy. The fund reserve policy is to provide guidance to City Council and staff in making financial decisions and aid in ensuring fiscal responsibility of the ATS Enterprise Fund. This policy establishes reserves that will position the Transport program to be able to weather significant economic downturns and more effectively manage uncertainties. Sufficient reserves create the financial stability necessary to meet debt obligations of the ATS Enterprise Fund, reduce the risk of impacting the General Fund, and support continuous provision of emergency services to our residents. POLICY This Policy establishes four (4) distinct ATS Enterprise Fund Reserves: 1. Debt Obligation Reserves – Minimum 1-year current debt obligation 2. Liability Insurance Reserves - Minimum $1 million liability insurance reserves Page 53 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Ambulance Transport System Enterprise Fund Reserve Policy POLICY NUMBER EFFECTIVE DATE PAGE 2/14/2023 2 OF 3 ADOPTED BY: (Resolution No.) DATED: 2/14/2023 AMENDED BY: Resolution No. (date of resolution) 3. Operating Reserves – Minimum 180 days operating expenses 4. Capital Replacement Reserves - Minimum $4 million in capital replacement reserves Debt Obligation Reserve The ATS Enterprise Fund will maintain a fund balance reserve equal to one fiscal year’s debt obligation. This reserve is to ensure debt obligations are met to keep the City in good credit standing. In fiscal years with no current debt obligations, the debt obligation reserve will be used to bring other reserve balances to their stated policy levels. If all reserves have achieved minimum levels and no debt obligations exist, this reserve will be no longer be required and any funds will be release for other use at the discretion of the Fire Department. If funds are appropriated (spent) from the Debt Obligation Reserves due to unanticipated needs, the funds should be replenished in the budget process during the subsequent fiscal year to maintain the minimum reserve balance. If the magnitude of the event caused the Debt Obligation Reserves to be deeply reduced, the City Manager, Fire Chief and Finance Director shall provide the City Council with a plan to incrementally replenish the reserves to the minimum one-year debt obligation level. The provided plan will align with the budget process or quarterly monitoring report, whichever occurs first. Operating Reserve An Operating Reserve represents unrestricted resources available for appropriations by City Council to address extraordinary needs of an emergency nature. The ATS Enterprise Fund will maintain an Operating Reserve of no less than 180 days of operating expenses. This will be calculated using the following fiscal year’s adopted expense budget (excluding debt service and transfers-out), with the maximum reserve amount of twelve months of operating expenses. The Fire Department reserves the right to maintain reserve balances at their discretion within the minimum and maximum thresholds of 180 days and up to twelve months of operating expenses. If funds are appropriated (spent) from the Operating Reserves due to unanticipated needs, the funds should be replenished in the budget process during the subsequent fiscal year to maintain the minimum reserve balance. If the magnitude of the event caused the Operating Reserves to be deeply reduced, the City Manager, Fire Chief and Finance Director shall provide the City Council with a plan to replenish the reserves to the minimum operating balance. Capital Reserves The ATS Enterprise Fund will maintain four million dollars in reserves specified for various capital equipment replacement, as needed. This reserve is to ensure funds are available for various capital purchase needs as they arise. This reserve is also being created to provide relief from the need to obtain debt-based funding for capital or equipment needs. The Fire Department will Page 54 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Ambulance Transport System Enterprise Fund Reserve Policy POLICY NUMBER EFFECTIVE DATE PAGE 2/14/2023 3 OF 3 ADOPTED BY: (Resolution No.) DATED: 2/14/2023 AMENDED BY: Resolution No. (date of resolution) reassess the need for capital reserve needs every three (3) years and incorporate necessary adjustments into the budget process to ensure reserve goals are met in a manner that are balanced with other budgetary priorities. If funds are appropriated from the Capital Reserve due to anticipated or unanticipated needs, the funds should be replenished in the budget process during the subsequent fiscal year to maintain the minimum reserve balance. If the magnitude of the event caused the Capital Reserves to be deeply reduced, the City Manager, Fire Chief and Finance Director shall provide the City Council with a plan to replenishment the reserves to the minimum balance. The provided plan will align with the budget process or quarterly monitoring report, whichever occurs first. Liability Insurance Reserves The ATS Enterprise Fund will maintain one million dollars in reserves specified for meeting liability insurance needs as they arise. This reserve is to ensure claims can be addressed and fulfilled as they arise. The Fire Department will reassess the need for liability insurance reserve needs every three (3) years and incorporate necessary adjustments into the budget process to ensure reserve goals are met in a manner that are balanced with other budgetary priorities. If funds are appropriated from the Liability Insurance Reserve due to anticipated or unanticipated needs, the funds should be replenished in the budget process during the subsequent fiscal year to maintain the minimum reserve balance. If the magnitude of the event caused the Capital Reserves to be deeply reduced, the City Manager, Fire Chief and Finance Director shall provide the City Council with a plan to replenish the reserves to the minimum balance. The provided plan will align with the budget process or quarterly monitoring report, whichever occurs first. Establishment of Reserves The ATS Enterprise Fund program is currently in its second year of operation. To establish the reserves outlined above, until reserves are fully funded, all revenues in excess of expenses (surplus) at year end will be used to fund reserves. In determining the surplus, expenses will include any discretionary Measure A loan payment. These reserves will be established as an equal 25% allocation to each reserve category of excess revenue at year end, after any discretionary Measure A loan payment. The funding waterfall will be evaluated periodically and may be revised by the Finance Director in consultation with the Fire Chief. Page 55 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE Grant Acceptance and Appropriation: Accept a Grant From The Roy and Marian Holleman Foundation for Miscellaneous Items for the Animal Shelter and Appropriate Funds Accordingly Report Number: 23-0015 Location: Chula Vista Animal Care Facility, 130 Beyer Way Department: Animal Care Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting a grant from the Roy and Marian Holleman Foundation in the amount of $34,200 for the improvement of the animal shelter and appropriate funds accordingly. (4/5 Vote Required) SUMMARY The Animal Care Facility has received a grant award in the amount of $34,200 to use for shelter improvements, equipment, and supplies at the Chula Vista Animal Care Facility. This grant award needs to be appropriated in the Fiscal Year 2023 Budget. Staff requests that $34,200 be appropriated to the Supplies & Services and Other expense categories in the Other Grant Funds for the Animal Care Facility department budget; this appropriation is fully offset by grant revenues. 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 Page 56 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 Not applicable DISCUSSION The Chula Vista Animal Care Facility received a grant in the amount of $34,200 from the Roy and Marian Holleman Foundation. These funds will be used for shelter improvements, equipment, and supplies for the benefit of the animals at the Chula Vista Animal Care Facility. 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 net fiscal impact. Expenditures and Revenue are offsetting. Approval of the resolution will result in the Grant Funds appropriation of $34,200 in both revenues and expenses. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None. Staff Contact: John P. Skeel, Director of Animal Services Page 57 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION TO THE ANIMAL CARE FACILITY FOR SHELTER IMPROVEMENTS AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Chula Vista Animal Care Facility applied for and was awarded grants through the Roy and Marian Holleman Foundation; and WHEREAS, the Animal Care Facility will use these funds for shelter improvements, equipment and supplies to benefit the animals at the Chula Vista Animal Care Facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts the grant from the Roy and Marian Holleman Foundation and approves an amendment to the Fiscal Year 2022/23 Other Grants Fund Budget by appropriating $34,200 to the Supplies & Services and Other expense categories to be offset by appropriation to revenue. Presented by Approved as to form by John P. Skeel Glen R. Googins Director of Animal Services City Attorney Page 58 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE City Elections: Adjust Campaign Contribution Limit for Any Election Held on or After January 1, 2024 and Amend Various Sections of Chula Vista Municipal Code Chapter 2.52 Accordingly Report Number: 23-0026 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 Place an ordinance on first reading amending various sections of Chula Vista Municipal Code (CVMC) Chapter 2.52 reflecting adjustments to the campaign contribution limits for individuals and political party committees for any election occurring on or after January 1, 2024, as required by CVMC section 2.52.040(D). (First Reading) SUMMARY As required by Chula Vista Municipal Code Section 2.52.040(D), the City Clerk has adjusted the campaign contribution limits for individuals and political party committees based on changes in the Consumer Price Index for the San Diego area for the two-year period ending December 31, 2022. The adjusted campaign contribution limits apply to any election occurring on or after January 1, 2024. Adoption of the ordinance amends various sections of the CVMC to reflect the adjusted limits. 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; Page 59 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 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 Chula Vista Municipal Code Section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution limit every odd-numbered year to reflect any changes in the Consumer Price Index for the San Diego area for the two-year period ending on December 31st of the previous year and requires these adjustments to be rounded to the nearest $10. The Consumer Price Index for the San Diego area for the periods ending December 2020 and December 2022 were 303.932 and 344.416, respectively, demonstrating an increase of 13.32 percent. The contribution limits were previously set at $360 for individuals and $1,240 for political party committees by Chula Vista Municipal Code section 2.52.040 (A) and (B), respectively. Applying the percentage of change of the Consumer Price Index and rounding to the nearest $10, the City Clerk adjusted the contribution limits $410 for individuals and $1,410 for political party committees. The City Clerk will publish the Notice of Campaign Contribution Limit Adjustment in the Star News, as required by Chula Vista Municipal Code Section 2.52.040 (D), on February 17, 2023. The City Clerk will also cause the notice to be translated into Chinese (Traditional), Filipino, Spanish, and Vietnamese and published in language-specific newspapers, with publication dates between February 17 and 24, 2023. The Federal Voting Rights Act, together with an agreement between the U.S. Department of Justice and the San Diego County Registrar of Voters, requires the translation of all election-related materials and notices into covered languages predominantly spoken by 10,000 voters or more in the County. 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 Adoption of the proposed ordinance has no impact on the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS Attachment 1: Proposed Amendment to Chula Vista Municipal Code Chapter 2.52 Staff Contact: Kerry K. Bigelow, MMC, City Clerk, and Cristina Hernandez, City Clerk Analyst Page 60 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\19203777812\19203777812,,,Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNICIPAL CODE CHAPTER 2.52 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2024 WHEREAS, Chula Vista Municipal Code Section 2.52.040 (D) requires the City Clerk to adjust the campaign contribution limits every odd-numbered year to reflect any changes in the Consumer Price Index for the San Diego area for the two-year period ending on December 31st of the previous year, and requires these adjustments to be rounded to the nearest $10; and WHEREAS, the Consumer Price Index for the San Diego area for the periods ending December 2020 and December 2022 were 303.932 and 344.416, respectively, demonstrating an increase of 13.32 percent; and WHEREAS, the contribution limit for individuals other than a candidate was previously set at $360 by Chula Vista Municipal Code section 2.52.040 (A), and the contribution limit for political party committees was previously set at $1,240 by Chula Vista Municipal Code section 2.52.040 (B); and WHEREAS, based on applying the percentage of change in the Consumer Price Index and rounding to the nearest $10, the City Clerk adjusted the contribution limit to $410 for individuals and $1,410 for political party committees; and WHEREAS, the City Clerk published the Notice of Campaign Contribution Limit Adjustment in the Star News on February 17, 2023, and had the notice translated into Chinese, Filipino, Spanish, and Vietnamese and published in covered language-specific newspapers between February 17 and 24, 2023, as required by the Federal Voting Rights Act. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. The following sections in Chula Vista Municipal Code Chapter 2.52 are hereby amended and shall read as follows: 2.52.040 Campaign contribution limits. A. No person other than a candidate shall make a contribution in excess of $410.00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $410.00 from a person for a single election contest. A candidate may receive up to $410.00 from a person in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. Page 61 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Ordinance Page 2 B. No political party committee, as that term is defined in California Government Code Section 85205, shall make a contribution in excess of $1,410 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $1,410 from a political party committee for a single election contest. A candidate may receive up to $1,410 from a political party committee in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. [Sections 2.52.040 C through I remain unchanged] 2.52.050 Loans. A. A candidate shall not personally loan to his or her campaign funds, with the intent to receive repayment of those funds, an aggregate amount in excess of $5,000 for a single election contest. B. A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limit of $410.00 per person, pursuant to CVMC 2.52.040. The $410.00 contribution limit does not apply to loans made to a candidate for the purpose of a campaign by himself or herself or by a commercial lending institution in the lender’s regular course of business on terms available to members of the general public for which the candidate is personally liable. 2.52.100 Written solicitations by candidates. Any candidate making a written solicitation for a contribution for his or her campaign for City elective office shall include the following written notice in no less than six -point type on each such solicitation: NOTICE The City of Chula Vista Municipal Code limits contributions to campaigns for City elective office to four hundred ten dollars per person.* *The dollar amount to be included in this notice shall be amended biannually to reflect any CPI adjustment to the contribution limit made pursuant to CVMC 2.52.040(D). 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. Page 62 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Ordinance Page 3 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 _____________________________________ ____________________________________ Kerry K. Bigelow, MMC Glen R. Googins City Clerk City Attorney Page 63 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Attachment 1 Proposed Amendments to Sections of the Chula Vista Municipal Code Chapter 2.52 2.52.040 Campaign contribution limits. A. No person, other than a candidate, shall make a contribution in excess of $360410.00 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $360410.00 from a person for a single election contest. A candidate may receive up to $360410.00 from a person in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. B. No political party committee, as that term is defined in California Government Code Section 85205, shall make a contribution in excess of $1,410 $1,240 to a candidate for a single election contest. No candidate shall solicit or accept a contribution in excess of $1,240$1,410 from a political party committee for a single election contest. A candidate may receive up to $1,410 $1,240 from a political party committee in each of the general and special elections. The contribution limit in this subsection shall be adjusted biannually pursuant to subsection (D) of this section. [Sections 2.52.040 C through I remain unchanged] 2.52.050 Loans. A. A candidate shall not personally loan to his or her campaign funds, with the intent to receive repayment of those funds, an aggregate amount in excess of $5,000 for a single election contest. B. A loan or extension of credit shall be considered a contribution from the maker of the loan or extender of credit and shall be subject to the contribution limit of $360410.00 per person, pursuant to CVMC 2.52.040. The $360410.00 contribution limit does not apply to loans made to a candidate for the purpose of a campaign by himself or herself or by a commercial lending institution in the lender’s regular course of business on terms available to members of the general public for which the candidate is personally liable. (Ord. 3499 § 1, 2021; Ord. 3452 § 1, 2019; Ord. 3399 § 1, 2017; Ord. 3340 § 1, 2015; Ord. 3179 § 1, 2011; Ord. 3086 § 1, 2007). 2.52.100 Written solicitations by candidates. Any candidate making a written solicitation for a contribution for his or her campaign for City elective office shall include the following written notice in no less than six -point type on each such solicitation: NOTICE The City of Chula Vista Municipal Code limits contributions to campaigns for City elective office to three hundred sixtyfour hundred ten dollars per person.* *The dollar amount to be included in this notice shall be amended biannually to reflect any CPI adjustment to the contribution limit made pursuant to CVMC 2.52.040(D). Page 64 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE 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 Report Number: 22-0319 Location: Five of the nine activities funded through this action are not site-specific. The remaining four are located at:  31 4th Avenue  205 27th Street  D Street  333 Oxford Street Department: Housing and Homeless Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA State Guidelines and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”). Recommended Action Adopt a resolution: 1) approving a First Amendment to the 2022/2023 Annual Action Plan to reallocate available funding from the U.S. Department of Housing and Urban Development; 2) authorizing the City Manager or designee to execute all necessary documents to implement; 3) authorizing a subrecipient agreement with Alpha Project; and 4) appropriating funds for that purpose. (4/5 Vote Required) SUMMARY The City of Chula Vista’s Annual Action Plan describes the funding strategy for use of Community Development Block Grant (“CDBG”), HOME Investment Partnerships Act (“HOME”), and Emergency Solutions Grant (“ESG”) funds. The Action Plan is a tool to assist in implementing the City’s five-year Consolidated Plan, and each Action Plan is developed through public input, analyses, and planning. Any significant funding changes in the approved Action Plan constitutes a Substantial Amendment and must be Page 65 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 approved by the City Council prior to submittal to the U.S. Department of Housing and Urban Development (“HUD”). This process must be in accordance with the City’s Citizen Participation Plan, which ensures that the City takes the necessary steps to encourage public participation. This item is to consider the First Amendment to the 2022/2023 Annual Action Plan (the “First Amendment” or “Substantial Amendment”) which includes increased funding to previously approved CDBG and ESG activities and the addition of a new entitlement under the HOME American Rescue Plan (“HOME ARP”). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and NEPA. The activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of an amendment to the 2022/2023 Annual Action Plan and 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. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2)&(3) of the Code of Federal Regulations and pursuant to HUD Environmental Guidelines. Although environmental review is not required at this time, once the scope of potential project(s) has been defined, environmental review will be required for each project and the appropriate environmental determination will be made. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION As an entitlement community with HUD, the City receives funds under three block grant programs: CDBG, HOME, and ESG, collectively known as HUD funds. The programs were created to assist cities in creating viable urban communities by providing decent housing, a suitable living environment and expansion of economic opportunities, principally, for low/moderate-income persons, defined as persons earning 80 percent or less of the Area Median Income (“AMI”). As of April 18, 2022, 80 percent of AMI for a family of four is $104,100 per year. As a recipient of these HUD funds, the City is required to develop and submit four planning documents (collectively, the “HUD Plans”) to HUD for approval. 1. Citizen Participation Plan (“CPP”). 2. Five-Year Consolidated Plan (the “Con Plan”). 3. Annual Action Plan (the “Action Plan”); and 4. Consolidated Annual Performance Evaluation Report (“CAPER”). On July 12, 2022, the City Council approved the 2022/2023 Annual Action Plan. Per HUD regulations, any change in the previously established funding strategies and/or an increase in funding an activity constitutes a Substantial Amendment to the associated planning documents. Engaging residents and encouraging public participation through the adoption and amendment process is essential. The process requires a public notice Page 66 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 3 and a 30-day public comment period. A public notice was published on November 25, 2022, initiating the public comment period which ran through December 25, 2022. This proposed Amendment to the 2022/2023 Annual Action Plan is to reallocate available CDBG and ESG funds to seven previously funded activities. Funding for The Alpha Project will reinstate a program previously funded with other federal monies and will require a new subrecipient agreement. Additionally, two new HOME activities will be funded through the new HOME ARP. The HOME ARP entitlement was designed to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing stability. The City’s allocation plan for use of these funds is included in the Annual Action Plan First Amendment as Attachment 1. In order to identify the most suitable project for the City, the Department of Housing and Homeless Services has begun the community engagement component of the development. A survey in both English and in Spanish was released to members of the community, resulting in an overwhelming response for the need in permanent supportive housing. In early 2023, Housing staff will be releasing a Notice of Funding Availability (“NOFA”) to solicit proposals from eligible applicants for the development of a new permanent supportive housing project. Once the ideal project is identified, staff will return to Council for consideration. Funds appropriated to the proposed projects are available through the available unallocated HUD grant funds. The 2022/23 Annual Action Plan First Amendment consists of the following, as more fully described in Attachment 1: HUD Grant Program City Activity/Program Funding ESG (E-20-MW-06-0540) Casa Nueva Vida Shelter Facility Rehabilitation (Increase in Project Costs) $416,451 Alpha Project Outreach Services (Reinstate and Fund Program) $60,000 CDBG (B-20-MW-06-0540) Homeless Bridge Shelter Capital Improvement (Increase in Project Costs) $1,100,000 Community Housing Improvement Program (Reinstate and Fund Program) $200,000 Housing Services (Reinstate and Fund Program) $75,000 CIP – Lauderbach Community Center Kitchen (Increase in Project Costs) $48,000 D Street (Previously funded; however not included in prior resolution appropriating funds) $50,000 HOME ARP (M-21-MP-06- 0505) Production of Affordable Housing $3,069,133 HOME Administration $70,644 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found that, Mayor John McCann has real property holdings within 500 feet of the boundaries of the property located at 31 4th Avenue which is the subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and Page 67 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 4 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the City's General Fund as all costs associated with the projects, programs and administration of the CDBG, HOME, and ESG programs are covered by the respective grants. Recommended funding appropriations are summarized below: ORG KEY City Activity/Program Funding 272534 Shelter Facility Rehabilitation $416,451 Alpha Project Outreach Services $60,000 272557 Homeless Bridge Shelter Capital Improvement $1,100,000 Community Housing Improvement Program $200,000 Housing Services $75,000 CIP – Lauderbach Community Center Kitchen $48,000 D Street $50,000 272552 Production of Affordable Housing $3,069,133 HOME Administration $70,644 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as all costs associated with the administration of the CDBG, HOME, and ESG programs are covered by the respective grants. ATTACHMENTS 1. 2022/23 Annual Action Plan First Amendment Staff Contact: Stacey Kurz, Director of Housing and Homeless Services Dania Gonzalez, Principal Management Analyst Page 68 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO.__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING (1) THE 2022/23 FIRST AMENDMENT TO THE HUD ANNUAL ACTION PLAN TO ALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SOLUTIONS GRANT AND HOME INVESTMENT PARTNERSHIP ACT FUNDS TO ELIGIBLE PROJECTS; (2) AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE ANY AND ALL HUD DOCUMENTS RELATED TO THE GRANTS; (3) AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE A SUBRECIPIENT AGREEMENT WITH ALPHA PROJECT; AND (4) APPROPRIATING FUNDS WHEREAS, on July 12, 2022 the City Council approved submittal of the 2022/2023 Annual Action Plan to the U.S. Department of Housing and Urban Development (“HUD”) for the Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”) and Home Investment Partnerships Act (HOME); and WHEREAS, the City received a new HOME Entitlement through the American Rescue Plan Act (“ARPA”); WHEREAS, the City desires to amend the 2022/23 Annual Action Plan to allocate and appropriate CDBG, ESG, and the new HOME funds to nine HUD eligible activities; and WHEREAS, Federal regulations governing the HUD grant funds (CDBG, ESG, and HOME) programs state that programmatic and funding changes to the Plan constitutes a Substantial Amendment to the Plan; and WHEREAS, in compliance with HUD regulations, an Action Plan Substantial Amendment requires a 30-day public review and comment period, which began on November 25, 2022 and runs through December 25, 2022; and WHEREAS, no comments were received prior to the date of this resolution and any comments received after will be incorporated in the final Action Plan First Amendment prior to submittal to HUD; and WHEREAS, Funds appropriated to the proposed projects are available through the available unallocated HUD grant funds; and Page 69 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Resolution No. ________ Page 2 WHEREAS, Staff has determined that Alpha Project is experienced and staffed in a manner such that they can prepare and deliver the services required by the City; and WHEREAS, in order for an outside agency to receive and operate a CDBG, ESG or HOME funded activity, they must formally enter into a Subrecipient Agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY RESOLVE as follows: 1) That it hereby amends the 2022/2023 HUD Annual Action Plan, in the form presented, and authorizes the submission of the Substantial Amendment to the United States Department of Housing and Urban Development. 2) That it authorizes the City Manager or her designee to execute any and all agreements and necessary amendments for the management and implementation of the 2022/2023 HUD Annual Action Plan activities between the City of Chula Vista and each subrecipient, to execute a subrecipient agreement with Alpha Project, and to make such minor modifications to all documents necessary for this action as may be approved or required by the City Attorney. 3) That the City Council authorizes the appropriation of the following: ORG KEY City Activity/Program Funding 272534 Casa Nueva Vida Shelter Facility Rehabilitation $ 416,451 Alpha Project Outreach Services $ 60,000 272557 Homeless Bridge Shelter Capital Improvement $ 1,100,000 Community Housing Improvement Program $ 200,000 Housing Services $ 75,000 CIP – Lauderbach Community Center Kitchen $ 48,000 D Street $ 50,000 272552 Production of Affordable Housing $ 3,069,133 HOME Administration $ 70,644 Presented by Approved as to form by __________________________________ ___________________________ Stacey Kurz Glen R. Googins Director of Housing and Homeless Services City Attorney Page 70 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Attachment 1 FIRST AMENDMENT TO THE 2022/2023 HUD ANNUAL ACTION PLAN The City of Chula Vista will be amending the 2022/23 Annual Action Plan to allocate $476,451 of Emergency Solutions Grant Funds (“ESG”), $1,473,000 of Community Development Block Grant (“CDBG”), and $3,139,777 of Home Investment Partnership Act American Rescue Plan Grant (“HOME ARP”) funds to nine eligible programs designed to serve low/moderate income and homelessness in the City of Chula Vista. In accordance with the City of Chula Vista’s Citizen Participation Plan, the City has prepared this Substantial Amendment to amend the following HUD Annual Action Plan(s) and respective grant programs: HUD Grant Program City Activity/Program Funding ESG (E-20-MW-06-0540) Casa Nueva Vida Shelter Facility Rehabilitation (Increase in Project Costs) $416,451 Alpha Project Outreach Services (Reinstate and Fund Program) $60,000 CDBG (B-20-MW-06-0540) Homeless Bridge Shelter Capital Improvement (Increase in Project Costs) $1,100,000 Community Housing Improvement Program (Reinstate and Fund Program) $200,000 Housing Services (Reinstate and Fund Program) $75,000 CIP – Lauderbach Community Center Kitchen (Increase in Project Costs) $48,000 D Street (Previously funded; however not included in prior resolution appropriating funds) $50,000 HOME ARP (M-21-MP-06- 0505) Production of Affordable Housing $3,069,133 HOME Administration $70,644 The Substantial Amendment to the HUD Action Plan amendment was made available for public review during a 30-day public comment period from November 25, 2022 to December 25, 2022. A public notice announcing its availability was published in the Star News on November 25, 2022 (copy attached). Questions regarding this Action Plan amendment should be directed to Angelica Davis, Homeless Solutions Manager at adavis@chulavistaca.gov. Page 71 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Attachment 1 Page 72 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda HOME-ARP ALLOCATION PLAN City of Chula Vista Housing and Homeless Services Director Stacey Kurz Page 73 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 1 Contents Executive Summary ...................................................................................................................................... 2 Consultation ................................................................................................................................................. 4 Consultation Process ................................................................................................................................. 4 Consultation Participation and Feedback ................................................................................................. 4 Summary of feedback received from consultation ................................................................................... 5 Public Participation ...................................................................................................................................... 5 Public participation process description ................................................................................................... 6 Efforts to broaden public participation .................................................................................................... 6 Summary of comments and recommendations received......................................................................... 6 Summary of comments or recommendations not accepted .................................................................... 6 Needs Assessment and Gaps Analysis ......................................................................................................... 7 Needs Assessment .................................................................................................................................... 7 Current resources available ...................................................................................................................... 9 Unmet housing and service needs of qualifying population. ................................................................... 9 Gaps within the current shelter, housing inventory, and service delivery system................................. 11 Priority needs for qualifying populations ............................................................................................... 11 Need and Gap Determination Process .................................................................................................... 11 HOME-ARP Activities .................................................................................................................................. 11 Method(s)that will be used for soliciting applications ........................................................................... 11 Administration of eligible activities ........................................................................................................ 12 HOME-ARP funds administered by a subrecipient or contractor ........................................................... 12 HOME-ARP funds distribution ................................................................................................................ 12 Plan rationale .......................................................................................................................................... 12 HOME-ARP Production Housing Goals.................................................................................................... 13 Preferences ............................................................................................................................................. 13 Referral Methods .................................................................................................................................... 13 Limitations .............................................................................................................................................. 14 HOME-ARP Refinancing Guidelines ........................................................................................................ 14 Page 74 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2 Executive Summary The American Rescue Plan (ARP) provides $5 billion to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds are administered through HUD’s HOME Investment Partnerships Program (HOME). As an entitlement jurisdiction for a fiscal year 2021 HOME program allocation, the City of Chula Vista is also eligible to receive a HOME-ARP grant allocation for the fiscal year 2021 program year. Using the same HOME Program allocation formula HUD has determined that the City of Chula Vista will be receiving an allocation of $3,139,777. Grants funds must be used to benefit individuals who are eligible according to the U.S. Department of Housing and Urban Development (HUD) HOME-ARP guidelines. HUD has established four qualifying populations that the use of these funds must primarily benefit: • Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302(a)); • At-risk of homelessness, as defined in section 401(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(1)); • Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking, as defined by the Secretary; • In other populations where providing supportive services or assistance under section 212(a) of the Act (42 U.S.C. 12742(a)) would prevent the family’s homelessness or would serve those with the greatest risk of housing instability. Along with these qualifying populations HUD also determined four eligible activities: • Production or Preservation of Affordable Housing; • Tenant-Based Rental Assistance (TBRA); • Supportive Services, including services defined at 24 CFR 578.53(e), homeless prevention services, and housing counseling; • Purchase and Development of Non-Congregate Shelter. These structures can remain in use as non-congregate shelter or can be converted to: 1) emergency shelter under the Emergency Solutions Grant program; 2) permanent housing under the Continuum of Care; or 3) affordable housing under the HOME Program. HOME-ARP funding is a subset of the general HOME Investment Partnership program which aims to expand housing options for low-income households. The HOME program is the federal government’s largest grant designated to create new affordable housing units. The City receives approximately $900,000 in HOME funding annually, which is primarily allocated towards Tenant-Based Rental Assistance (TBRA). Page 75 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 3 The use of HOME-ARP funds is critical for Chula Vista at a time when the need for affordable housing and housing assistance is greater than ever. The City currently has an annual population growth of 12.5 percent, outpacing San Diego County’s total growth rate of 7.8 percent. Overall, Chula Vista’s population is expected to increase by 40 percent by 2050. This rapid growth brings added pressure to existing housing challenges and homelessness within the City. Low- and moderate-income households are disproportionately impacted by this pressure, compared to those earning higher income; thus, there is a high need for housing assistance targeted at the 19,085 households earning at or below 80 percent of AMI experiencing housing problems. In addition, special needs groups like victims of domestic violence, disabled individuals, and those at risk of homelessness are more affected by these problems, as they tend to need supportive services in addition to affordable housing. As of 2020 16,770 low- and moderate-income renter households in Chula Vista were experiencing overpayment for rent, in excess of 30% of their household incomes. 10,230 of these households experience a cost burden of more than 50% of household income. Overall, 48% of low- and moderate-income households in the City are defined as cost-burdened. These numbers translate to a significant number of households who are at-risk of homelessness within the City of Chula Vista. Families with incomes below the poverty level, typically those households with extremely-low and very-low incomes, are at greatest risk of becoming homeless and typically require special programs to assist them in meeting their rent and mortgage obligations to prevent homelessness. The 2020 Census estimated 9.6 percent of the residents in Chula Vista as living in poverty. In comparison, the County of San Diego had 10.3 percent. Individuals with a disability in Chula Vista experience poverty at 16.7 percent. These households need assistance with housing subsidies, utility and other living expense subsidies, as well as other supportive services. Victims of domestic violence are often severely impacted by these problems as well, as their incomes may drastically change if they must leave their job for safety and lose a partner, whom they may be sharing expenses with. According to the 2020 Point In Time Count for the County of San Diego, it is estimated that nearly 1,080 homeless adults were a victim of domestic violence at some point in the past, and an estimated 600 adult domestic violence victims were unsheltered on the night of the count. Shelters contracted through the City using HUD funds currently house around 389 victims of domestic violence, but the housing needs for this population are also expected to increase drastically. The City surveyed and consulted with multiple community partners and members of the public to shape goals and objectives for HOME-ARP funding. Overall, this effort has influenced the City to prioritize production and preservation of affordable housing units. This is largely based on the perceived needs explained through outreach efforts and the City’s own gaps in existing funding opportunities and services. Page 76 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 4 Based on the information above, the City’s priority housing need for qualifying population s is the development and preservation of affordable housing units. This includes housing units included in permanent supportive housing with wraparound services. The City of Chula Vista will use the $3,139,777 HOME-ARP allocation specifically for the development of permeant supportive housing units. Consultation Consultation Process The City of Chula Vista consulted with relevant agencies and stakeholders that serve each of the qualifying populations within the jurisdiction and surrounding areas. These organizations include homeless service providers; domestic violence survivor service providers; substance use treatment providers; the local Continuum of Care; a local homelessness taskforce; veteran’s service providers; a public housing agency; and an organization that addresses fair housing, civil rights, and the needs of persons with disabilities. Providers were chosen based on services provided as well as ensuring there was a representative organization for each of the qualifying populations to be served, as shown in Table 1. There were two surveys developed and distributed to solicit feedback on spending priorities for HOME-ARP funds, one at the beginning of 2022 and another in the later part of the year. The surveys were issued to the public as well as the above-mentioned providers through the San Diego Regional Taskforce on Homelessness. Additionally, a public presentation was given at the November 30, 2022 meeting of the San Diego Regional Taskforce on Homelessness meeting. Consultation Participation and Feedback Table 1 - Organizations consulted and feedback provided Agency/Org Consulted Type of Agency/Org Method of Consultation QP Served Feedback Interfaith Shelter Network of San Diego Homeless Service Provider Survey and public meeting QP #1 Permanent supportive housing is needed SBCS Corporation DV Service Provider Survey and public meeting QP #2, #3 and #4 Permanent supportive housing is needed with wrap around services Alpha Project Homeless Service Provider Survey and public meeting QP #1 Permanent supportive housing is needed Page 77 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 5 McAllister Institute Substance Use Service Provider Survey and public meeting QP #1 Permanent supportive housing is needed San Diego Regional Taskforce on Homelessness CoC Survey and public meeting QP #1 Permanent supportive housing is needed South Bay Homeless Alliance Homelessness Taskforce Survey and public meeting QP # 1 and #4 Permanent supportive housing is needed Veterans Village of San Diego Veteran’s Group Weekly meetings and coordinated outreach Veterans Growing need for additional sheltering for homeless veterans.. San Diego Housing Commission Public Housing Agency Survey QP #1, #2, and #4 The City’s goals of producing more affordable housing aligns with their regional approach to solving displacement and preventing homelessness. CSA San Diego Fair Housing Organization Survey QP #4 Permanent supportive housing is needed. Summary of feedback received from consultation Nearly every consulted agency and service provider indicated a high need for supportive services and affordable housing. There is an abundance of need in the region for permanent supportive housing that combines the services that individuals need as well a s housing that is affordable at individual income levels. The current housing shortage combined with a lack of available case management puts our vulnerable populations at risk even more than they already are. Public Participation The section below describes the public participation process, including information about and the dates of the public comment period and public hearing(s) held during the development of the plan: • Date(s) of public notice: 02/04/2022 and 11/11/2022 • Public comment period: start date - 11/25/2022 end date - 12/25/2022 • Date(s) of public hearing: 2/15/2022 & 2/14/2023 Page 78 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 6 Public participation process description Information on HOME-ARP funds and their upcoming availability to the City of Chula Vista was made known to the public through a public participation process that follows the City’s Citizen Participation Plan. Additionally, public notices for comment and hearings were made available once at the beginning of 2022 and again later in the same year. A 20-question survey was developed to solicit public feedback on eligible uses and spending priorities of the allocated HOME-ARP funds. This survey was made available through the City of Chula Vista social media on November 3, 2022, and shared with relevant stakeholders as well, as mentioned in the consultation summary. The official public comment period began with a publication in the Star News on November 25, 2022, and will end on December 25, 2022. The cost allocation plan will also be included in the Staff report for a public hearing to be held on February, 14 th, 2023 therefore any feedback received after the respective Council meeting will be incorporated into the cost allocation plan, as applicable. Efforts to broaden public participation The City’s decisions to fund projects that directly benefit the residents of Chula Vista can only be accomplished through a thorough and transpar ent citizen participation process. Consistent with the Citizen Participation Plan, the City of Chula Vista continues to increase presence and promotion efforts on social media and in local news agencies. The City’s intention is that this increased engagement through social media platforms will increase resident and stakeholder participation in the City’s efforts to provide informed funding decisions. The goal with this approach is to use as many means as possible to solicit public and partner-agency input on the decision-making processes with these funding opportunities. Summary of comments and recommendations received Overall, comments and survey results largely favored development of affordable housing and permanent supportive services for individuals experiencing homelessness. Survey respondents requested additional resources for permanent supportive housing and favored non -congregate housing options. Chula Vista residents recognize the growing need of affordable housing leveraged with supportive services that can assist the most vulnerable populations in our City and ultimately benefit the City as a whole. All Chula Vista residents are affected by the poor or inadequate living conditions that many of our low-income residents are experiencing, and the development of affordable housing can provide a dignified solution. Summary of comments or recommendations not accepted The City of Chula Vista did not reject any public comments or recommendations. Page 79 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 7 Needs Assessment and Gaps Analysis Needs Assessment There is a growing need for affordable housing and supportive services in the City of Chula Vista. As the City’s population grows over the next two decades, existing housing challenges are expected to increase. This includes an increase in the number of homeless households and households at risk of becoming homeless. Detailed below are inventories on the City’s current housing needs and a gap analysis. In August of 2021 the City conducted its own count of unsheltered persons. The August 18th, 2021, count totaled 792 persons meeting the definitions of homeless. Of these 792 individuals, 453 were sheltered and 339 were unsheltered. The unsheltered population of Chula Vista included 239 males, 89 females and 11 individuals of other or unknown gender. 50% of all homeless individuals had been homeless for 3 years or more and 55% percent of these individuals were experiencing homelessness for their first time. These are not being used for the gap analysis below, we are instead using the Federal Point in Time Count data, which is lower than our local count. Table 2: Homeless Needs Inventory and Gap Analysis Homeless Current Inventory Homeless Population Gap Analysis Family Adults Only Vets Family HH (at least 1 child) Adult HH (w/o child) Vets Victims of DV Family Adults Only # of Beds # of Units # of Beds # of Units # of Beds # of Beds # of Units # of Beds # of Units Emergency Shelter 0 0 95 0 0 Transitional Housing 0 0 121 0 0 Permanent Supportive Housing 0 0 0 0 0 Other Permanent Housing 0 0 0 0 0 Sheltered Homeless 81 5 17 0 Unsheltered Homeless 6 200 0 0 Current Gap 0 0 93 0 Page 80 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 8 Data Sources: 1. 2022 Point in Time Count (PIT); 2. Continuum of Care Housing Inventory Count (HIC); 3. Consultation Table 3: Housing Needs Inventory and Gap Analysis Non-Homeless Current Inventory Level of Need Gap Analysis # of Units # of Households # of Households Total Rental Units 34,883 Rental Units Affordable to HH at 30% AMI (At- Risk of Homelessness) 0 Rental Units Affordable to HH at 50% AMI (Other Populations) 2,179 0%-30% AMI Renter HH w/ 1 or more severe housing problems (At-Risk of Homelessness) 9,200 30%-50% AMI Renter HH w/ 1 or more severe housing problems (Other Populations) 9,170 Current Gaps 18,370 Data Sources: 1. 2021 American Community Survey Estimates (ACS); 2. 2015-2019 Comprehensive Housing Affordability Strategy (CHAS); 3. Chula Vista Housing Element 2021-2029 Qualifying populations size and demographic information Homeless as defined in 24 CFR 91.5 As of the 2022 Point in Time Count, there were 309 homeless individuals staying in both sheltered and unsheltered conditions. At Risk of Homelessness as defined in 24 CFR 91.5 As of 2020, there were 12,015 households in the City making less than 30% AMI. Of these, 9,755 households, or 81%, had a housing problem such as a cost burden greater than 30%, more than one person per room, or lacking facilities like plumbing or a kitchen. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice 1,257 residents of Chula Vista contacted SBCS Corporation in fiscal year 2022 for specific housing needs. SBCS is Chula Vista’s primary resource for victims of domestic violence and partner in providing services to other low-income populations. SBCS currently operates two domestic violence shelters within the City. Page 81 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 9 Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability, as defined by HUD in the Notice The City serves many households who have previously been qualified as homeless and who are currently housed due to temporary financial assistance or services. This includes 29 individuals currently receiving Tenant-Based Rental Assistance. According to the City’s 2020-2025 Consolidated Plan there were 110 veterans currently receiving Housing Vouchers, with 14 being elderly and 33 being disabled. Current resources available The City of Chula Vista currently employs a hotel/motel voucher program for individuals in need of a transitional living solution as they move into a permanent housing unit. Additionally, there is an active HOME-funded tenant-based rental assistance (TBRA) program available for low- income households which helps provide a temp orary hand-up for 12-24 months as households achieve self-sufficiency. There are also 20 permanent supportive units at the Casa Anita project with more units currently being planned for production within the next few years. The City also continues to monitor and keep the existing affordability covenants for 2,179 units across the City, with more affordability restricted units in development. In addition to each of these efforts, the City of Chula Vista is also in the process of constructing a non-congregate 60-bed bridge shelter for homeless individuals that are working towards a permanent housing solution . The shelter will contain wrap-around services for each program participant as well as key infrastructure to serve as a navigation center to provide key resources. Unmet housing and service needs of qualifying population. Homeless as defined in 24 CFR 91.5 Chula Vista leverages several resources for individuals living in homelessness, however there are still many unmet housing and service needs, paired with a growing homeless population. As an entitlement jurisdiction, the City receives approximately $400,000 is Emergency Solutions Grant (ESG) funding each year. ESG funds in Chula Vista are primarily used for homeless prevention, homeless shelter operations, and shelter rehabilitation projects. The City also utilizes its Community Development Block Grant (CDBG) allocation for similar purposes including homeless services and a hotel/motel voucher program. Despite the use of these funds for homeless services and shelters, there are still major gaps in the availability of permanent supportive housing and affordable units for this population. As many as 93 additional shelter Page 82 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 10 beds are needed to house homeless individuals. This gap is expected to rise as the homeless population in Chula Vista increases over the next five years. At Risk of Homelessness as defined in 24 CFR 91.5 There are not enough affordable units throughout the City to assist individuals and families at risk of homelessness. Approximately 14,885 households experience a housing cost burden greater than 50% of their household income. Currently, the City maintains covenants restricting the affordability of around 3,110 rental units in the city. With an increasing population and increased costs for renter and homeowners, this number is not expected to be sufficient for the number of households in Chula Vista in need of more affordable housing. As many as 12,261 affordable units may be needed to serve this population. Fleeing, or Attempting to Flee, Domestic Violence, Dating Violence, Sexual Assault, Stalking, or Human Trafficking, as defined by HUD in the Notice Domestic Violence (DV) is one of the top crimes in the City of Chula Vista. It is the number two type of police call for service. Each year, there are more than 3,700 incidents, with about 1,200 of those incidents resulting in actual crimes. Assuming each of the crime calls referenced is an unduplicated household, it is likely that approximately 1,200 households in Chula Vista may need to relocate, possibly with minor children and may require temporary housing assistance. According to the City’s last Consolidated Annual Performance Evaluation Report (CAPER), the South Bay Community Services Family Violence Program assisted 513 victims of domestic violence, which indicates that many victims may not seeking help and/or there may be a barrier to obtaining legal help. While the City partners with SBCS Corporation on the operation of two domestic violence shelters, there is a need for more transitional housing and permanent supportive shelter options for this population. Other populations requiring services or housing assistance to prevent homelessness and other populations at greatest risk of housing instability as defined by HUD in the Notice The number of households in this category is currently growing in Chula Vista. Households previously qualified as “homeless” may be currently housed through the following options: • Chula Vista Seven - a project consisting of seven scattered housing units designated for extremely low-income households [0 – 30% of area median income (“AMI”)], which are now occupied by previously homeless families, who are finding their way back to self-sufficiency. Page 83 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 11 • Hotel/Motel Voucher Program - Understanding the critical need of emergency shelter beds, an alternative was created with voucher program funding, providing up to 28 days of a safe space for our Homeless Outreach Team and clients to work together towards stabilization. • Tenant-Based Rental Assistance Program - For those requiring longer term housing assistance, HOME funds were earmarked to provide up to twenty-four months of rental assistance. Gaps within the current shelter, housing inventory, and service delivery system Additional Characteristics Refining the definition of “Other Populations”: The City’s Consolidated Plan does not provide additional characteristics associated with instability and an increased risk of homelessness, therefore there are no additional characteristics refining the definition of the fourth “other” qualifying populations. Priority needs for qualifying populations Based on feedback from community partners and the public, the City has determined that in addition to affordable housing the greatest needs for all four qualifying populations are more wrap around services such as mental health care, housing navigation, and drug rehabilitation options, among others. Need and Gap Determination Process The City determined the need for mental health care , housing navigation, and drug rehabilitation services through HMIS data and individual interviews with homeless individuals who are clients of the City’s Homeless Outreach Team. The City also receives input and feedback from our various nonprofit and social service partners. HOME-ARP Activities Method(s)that will be used for soliciting applications The City will issue a standard request for proposals (RFP) to solicit bids from qualified developers who want to construct affordable housing or complete affordable housing conversions in Chula Vista. The City will also release RFPs for qualified service providers once the units have been constructed or converted. The RFPs will be published in the City’s public bid software, PlanetBids. The City’s Finance Department’s Procurement team will facilitate a Page 84 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 12 contractor selection process that will include a panel of subject experts who will each rank submitted bids on qualification and costs. Qualified bidders will then be interviewed to determine which bidder is preferred for project development. Administration of eligible activities The City of Chula Vista will oversee the administration of the permanent supportive housing project by a qualified contractor. Oversight will include monitoring compliance with program regulations for tenant selection and affordability restrictions as well as the availability of supportive services. HOME-ARP funds administered by a subrecipient or contractor The City of Chula Vista’s HOME-ARP allocation will not be administered through a subrecipient. Table 4: Use of HOME-ARP Funding Funding Amount Percent of the Grant Statutory Limit Supportive Services Acquisition and Development of Non-Congregate Shelters Tenant Based Rental Assistance (TBRA) Development of Affordable Rental Housing $ 2,668,810.45 85% Non-Profit Operating Non-Profit Capacity Building Administration and Planning $ 470,966.55 15 % 15% Total HOME ARP Allocation $ 3,139,777 100% HOME-ARP funds distribution The City’s gap analysis clearly demonstrates a need for affordable housing units and permanent supportive services for those experiencing or at risk of homelessness. Based on this demonstrated need, all funds will assist with the development of permanent supportive beds and affordable housing units. The City’s needs assessment indicates that of the eligible HOME- ARP activities production and preservation of affordable housing is the most important. The City can leverage various other funding sources, such as ESG and CDBG, for supportive services and Tenant-Based Rental Assistance. Therefore, the City’s intention is to use its full HOME-ARP allocation for production of affordable housing. Plan rationale The City’s planned use of HOME-ARP funds is based on data and consultation feedback that strongly point to a need to address the lack of permanent supportive units and services in the Page 85 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 13 City. This is coupled with the large number of persons currently living in homelessness or at risk of homelessness in the City, which is expected to rise as the population of the City increases over the coming two decades. These factors indicate that the greatest need is for production of more affordable housing units. To assist the City with this goal, it was decided that H OME-ARP funds entirely be allocated to development or conversion of affordable housing units. HOME-ARP Production Housing Goals Number of affordable rental housing units for qualifying populations that Chula Vista expects to produce or support with its HOME-ARP allocation: With HOME-ARP funding we would expect to obligate the development of approximately 18 units. With similar funding and leveraging opportunities recent developments have yielded approximately 90 affordable units. Affordable rental housing production goal that the Chula Vista hopes to achieve and how the production goal will address the City’s priority needs: In the City’s 2021-2029 Housing Element, Chula Vista established its affordable housing goals according to the Regional Housing Needs Assessment (RHNA). Of the 11,105 housing units the City needs to produce by 2029, 2,750 units are to be set aside for very -low-income households and 1,777 units need to be set aside for low-income households. There are many projects and initiatives planned or currently underway in the City to help accomplish these goals, however there is a major need for gap financing when it comes to development and production of affordable housing. Units produced or converted with the use of HOME-ARP funds would directly contribute to this goal. Preferences The City of Chula Vista will intentionally not establish preferences as there is already a high need for low-barrier services for each of the qualifying populations. The City intends for units and associated wrap-around services developed with these funds to strictly be available to households currently experiencing homelessness, those at risk of homelessness, households fleeing domestic violence, and other qualifying population s. HOME-ARP funding will be used to provide gap-financing to facilitate the development of affordable units within affordable housing projects that also utilize other funding sources. Referral Methods The City of Chula Vista will work with the eventual on-site management and service provider to establish an internal chronological waiting list. The use of a waiting list better suits the needs of Page 86 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 14 the community and ensures that applicants are served on a first -come first-served basis instead of receiving referrals from a third-party agency. Limitations The City of Chula Vista will not be limiting the assistance provided under the development of permanent supportive housing to any one qualifying population. The services provided through this project will be made available to all applicants that fall under the eligible qualifying populations for HOME-ARP funding. The need in the Chula Vista community is too great to prevent a subpopulation from accessing resources they may desperately need. HOME-ARP Refinancing Guidelines The City of Chula Vista does not intend to use HOME -ARP funds to refinance existing debt. Page 87 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda HOUSING & HOMELESS SERVICES Presented by: Mark Barnard, Management Analyst Dania Gonzalez, Principal Management Analyst 2022/23 Annual Action Plan First Amendment Page 88 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda HOUSING & HOMELESS SERVICES 2020-2025 Funding Priorities Page 89 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda HOUSING & HOMELESS SERVICES Federal Block Grant Annual Process JANUARY City Council Public Hearing on Funding Priorities JANUARY 30-day Public Review on Funding Priorities FEBRUARY Notice of Funding Availability Release MARCH Application Deadline MARCH Application Review MARCH Development of Annual Action Plan (AAP) APRIL City Council Public Hearing on AAP APRIL 30-Day Pub Review Period for AAP MAY Final AAP is Approved by Council MAY Final AAP Submission to HUD JULY 1 Implementation of 2023/2024 Annual Action Plan OCTOBER Prior Year CAPER Submission to HUD Page 90 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda HOUSING & HOMELESS SERVICES Funding must serve all qualifying populations •Currently homeless -as defined in 42 U.S.C. 11302(a) •At -risk of homelessness -as defined in 42 U.S.C. 11360(1) •Fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking •Other populations where providing supportive services or assistance would prevent the family’s homelessness or would serve those with the greatest risk of housing instability HOME- ARP Page 91 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda HOUSING & HOMELESS SERVICES HOME- ARP Eligible activity chosen through public participation Production or Preservation of Affordable Housing Expenditure Deadline September 30, 2030 Page 92 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE Authorized Law Enforcement Grant Positions: Approv e the Reclassification of Two FA Supervisory Intelligence Analyst I Positions to FA Supervisory Intelligence Analyst II P ositions Report Number: 23-0043 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the reclassification of two FA (Fiscal Agent) Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II positions in the authorized staffing of the Police Grants Section of the Federal Grants Fund for High Intensity Drug Trafficking Area and San Diego Law Enforcement Coordination Center. SUMMARY The San Diego Imperial Valley HIDTA (High Intensity Drug Trafficking Area) is requesting to reclassify two (2) FA (Fiscal Agent) Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II positions in the authorized staffing of HIDTA and the San Diego Law Enforcement Coordination Center (SDLECC). The positions at HIDTA & SDLECC are fully reimbursed by grant funds, along with a 5% administrative fee for acting as the fiscal agent. 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 w ill not result in a physical change in the environment; Page 93 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Police Department acts as the fiscal agent for three law enforcement programs: 1) High Intensity Drug Trafficking Area (HIDTA); 2) San Diego Law Enforcement Coordination Center (SDLECC); and 3) Regional Computer Forensics Laboratory (RCFL). These programs are funded through various Federal agencies, and the Police Department receives an administrative fee for acting as the fiscal agent . As the fiscal agent, the Police Department hires and provides salary and benefits for positi ons which are normally considered separate from existing City staffing and are at-will positions. These positions are designated as “FA” (“Fiscal Agent”) in the title description. The High Intensity Drug Trafficking Area (HIDTA) Program was created by th e Anti-Drug Abuse Act of 1988. This act authorized the Director of the Office of National Drug Control Policy (ONDCP) to designate regions within the United States that face drug trafficking threats affecting other areas of the nation as HIDTAs. San Diego and Imperial c ounties have been designated as a HIDTA region due to the volume of illegal narcotics entering the United States through the international border. The Police Department entered into an agreement with the ONDCP in 1996 to be the fiscal agent for HIDTA. The Police Department currently has 13 authorized Fiscal Agent HIDTA positions funded by ONDCP, as outlined in the table below: Position Authorized FTE FA DEPUTY DIRECTOR OF SDLECC 3 FA DEPUTY EXECUTIVE DIRECTOR 1 FA DIRECTOR OF SDLECC 1 FA FINANCE MANAGER 1 FA GRAPHIC DESIGNER/WEBMASTER 1 FA IVDC-LECC EXECUTIVE DIRECTOR 1 FA LECC INFORMATION TECHNOLOGY MANAGER 1 FA NETWORK ADMINISTRATOR II 1 FA PROGRAM ASSISTANT SUPERVISOR 1 FA RCFL NETWORK ENGINEER 1 FA SUPERVISORY INTELLIGENCE ANALYST I 1 TOTAL HIDTA AUTHORIZED POSITIONS 13 The San Diego Law Enforcement Coordination Center (SDLECC) serves as the regional intelligence fusion center for San Diego and Imperial counties. Fusion Centers are focal points for the receipt, analysis, gathering, and sharing of threat-related information between federal government and state, local, tribal, and private sector partners. SDLECC strengthens intelligence, information sharing and dissemination capabilities through a multi-jurisdictional, multi-disciplinary approach among all government layers and the Page 94 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 3 private sector, and employs enhanced capabilities for effective collection, identification, and analysis of terrorism threat information. The Fiscal Agent positions at SDLECC are fully funded by the U.S. Department of Homeland Security’s (DHS) Homeland Security Grant Program (HSGP). The Police Department is reimbursed by the San Diego County Sheriff’s Department, who administers HSGP funds. Since SDLECC is not a legal entity, it cannot accept HSGP funds or hire staff to fill necessary positions. Therefore, the SDLECC Executive Board approved, and San Diego County’ Sheriff’s Department agreed to administer HSGP funds on behalf of the SDLECC. The Police Department currently has 22 authorized Fiscal Agent positions at SDLECC, as outlined in the t able below: Position Authorized FTE FA CYBER SECURITY PROGRAM MANAGER 1 FA GEOSPATIAL INTELLIGENCE ANALYST 1 FA INTELLIGENCE ANALYST 3 FA NETWORK ADMINISTRATOR III 1 FA PROGRAM ASSISTANT SUPERVISOR 1 FA PUBLIC-PRIVATE PARTNERSHIP & EXERCISE MANAGER 1 FA SENIOR INTELLIGENCE ANALYST 8 FA SENIOR PROGRAM ASSISTANT 2 FA NETWORK ADMINISTRATOR I 2 FA SUPERVISORY INTELLIGENCE ANALYST I 2 TOTAL SDLECC AUTHORIZED POSITIONS 22 The San Diego Imperial Valley HIDTA is requesting to reclassify two (2) FA Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II positions in the authorized staffing of HIDTA and SDLECC. Upgrading these two positions is necessary to sustain SDLECC’s current operations. The education, experience and advanced skill set are needed to support the SDLECC and are better aligned with the position description, duties and responsibilities of the FA Supervisor Intelligence Analyst II position. The upgraded positions will enable SDLECC to broaden its scope and responsibility to better respond to requests effectively, and adequately support regional law enforcement partners. POSITION ADJUSTMENTS The following table represents the proposed position count amendments for Fiscal Year 202 3 related to the proposed action. The Federal Grants Fund will have no net increase for the Police Department with the position reclassification. Department Fund Position Title FTE Police Department Federal Grants Fund FA Supervisory Intelligence Analyst I -2 FA Supervisory Intelligence Analyst II 2 Net Position Increase for Police Department 0 Page 95 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 4 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property -related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will result in the reclassification of two (2) FA Supervisory Intelligence Analyst I positions to FA Supervisor Intelligence Analyst II positions at the San Diego Law Enforcement Coordination Center. Although both positions physically work at SDLECC, one position is funded by Office of National Drug Control Policy (ONDCP) and the other position is funded by Homeland Security Grant Program (HSGP). Both positions are budgeted in the Police Grants Section of the Federal Grants Fund and are completely offset by grant funds from ONDCP and HSGP . Additionally, the City receives a 5% administrative fee to act as a fiscal agent for these positions. In the current fiscal year, the cost difference for the reclassification will be completely offset by existing salary savings. Therefore, no additional appropriations are required, resulting in no net fiscal impact. ONGOING FISCAL IMPACT Because of the 5% administrative fee received for being the Fiscal Agent, there is a minor positive ongoing fiscal impact with the position reclassification. The proposed FY 2024 HIDTA & SDLECC budget will incorporate anticipated salary adjustments for these positions. Grant funding will fully offset these costs, resulting in no fiscal impact to the General Fund. ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department Page 96 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE RECLASSIFICATION OF TWO FA SUPERVISORY INTELLIGENCE ANALYST I POSITIONS TO FA SUPERVISORY INTELLIGENCE ANALYST II POSITIONS IN THE AUTHORIZED STAFFING OF THE POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR HIGH INTENSITY DRUG TRAFFICKING AREA AND SAN DIEGO LAW ENFORCEMENT COORDINATION CENTER WHEREAS, the Police Department acts as the fiscal agent for three law enforcement programs: 1) High Intensity Drug Trafficking Area (HIDTA); 2) San Diego Law Enforcement Coordination Center (SDLECC); and 3) Regional Computer Forensics Laboratory (RCFL); and WHEREAS, since these law enforcement programs are not a legal entities, it cannot accept funds or hire staff to fill necessary positions; and WHEREAS, the Police Department hires and provides salary and benefits for fiscal agent positions, and these positions are designated as “FA” (Fiscal Agent) in the title description; and WHEREAS, two FA Supervisory Intelligence Analyst I positions are requested to be reclassified to FA Supervisory Intelligence Analyst II positions at San Diego Law Enforcement Coordination Center; and WHEREAS, these two positions are fully reimbursed by grant funds, and the City receives a 5% administrative fee for acting as the fiscal agent. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the reclassification of two FA Supervisory Intelligence Analyst I positions to FA Supervisory Intelligence Analyst II positions in the authorized staffing of the Police Grants Section of the Federal Grant Fund for High Intensity Drug Trafficking Area and San Diego Law Enforcement Coordination Center. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney Page 97 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE Agreement: Accept Bids and Award an Agreement with PM AM Corporation to Provide Security Alarm Management Services Report Number: 22-0321 Location: No specific geographic location Department: Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting proposals and awarding an agreement to PM AM Corporation to provide security alarm management services. SUMMARY On July 29, 2022, the City of Chula V ista issued Request for Proposal (RFP) # P10-2023 for companies to provide security alarm management services in support of the City's security alarm program. After completion of the RFP process, City staff is recommending awarding an agreement to PM AM Corporation to provide Security Alarm Management Services. 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. Page 98 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 DISCUSSION In July 2014, the City updated its Security Alarm Ordinance, along with implementing new security alarm permit and false alarm fee schedules. Additionally, the City Council approved a contract with PM AM Corporation in October 2013 to administer the Security Alarm Program for the Police Department. These important changes have allowed the Police Department to manage its limited resources and better serve the needs and expectations of our residents and business community. The existing contract for security alarm management services with PM AM Corporation ended on October 14, 2022, and has been administratively extended, pending the results of the Request for Proposal process. With the pending contract end date, the City issued a Request for Proposal (RFP) to seek a company who could provide security alarm management services. On July 29, 2022, the City issued RFP # P 10-2023. The table below represents the three respondents to the RFP: Table 1: RFP #P10-2023 RESPONDENTS CentralSquare Technologies Municipal Alarm Tracking PM AM Corporation An evaluation team, consisting of the Police Administrative Services Manager, Police Support Services Manager, and Principal Management Analyst, reviewed the written proposals and interviewed the respondents regarding their qualifications to administer the City’s security alarm program. After a comprehensive assessment, staff recommends awarding the agreement to PM AM Corporation to administer the security alarm program for the City. PM AM Corporation was chosen due to their compliance with City required contract terms and overall services offered. The management of the program will continue to include a secure website that security alarm users can access to pay for their permit fees and/or alarm fines via credit/debit card. PM AM Corporation will continue to provide customer service and work with security alarm users regarding the security alarm ordinance. PM AM Corporation will also continue to provide primary billing and collection actions for all City alarm accounts and administer a false alarm education program which security alarm users can take to waive the first fine associated with a false alarm. As part of their RFP response, PM AM Corporation has proposed a 12% share of net revenue collected (which is the same percentage as the current fee structure). The agreement term with PM AM Corporation for Security Alarm Management Services will be for an initial period of two (2) years effective March 1, 2023, with renewal options for up to three (3) successive one- year periods upon mutual agreement of both parties (potentially through February 28, 2028). 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.). Page 99 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 3 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 as a result of accepting the agreement with PM AM Corporation. Costs associated with proposed agreement are fully offset by alarm permit fees and false alarm penalties. The current year budget reflects the expected revenues to be collected and remitted to the City by PM AM Corporation, net of their agreed upon compensation (equal to 12% of security alarm revenues collected). ONGOING FISCAL IMPACT Costs associated with proposed agreement are fully offset by alarm permit fees and false alarm penalties. Future budgets will reflect revenues to be collected by PM AM Corporation, net of their agreed upon compensation (equal to 12% of security alarm revenues collected). The maximum amount to be paid to PM AM Corporation through the initial term of the contract (February 28, 2025) shall not exceed $200,000. ATTACHMENTS Attachment 1: RFP # P10-2023 for Security Alarm Management Services Attachment 2: Agreement with PM AM Corporation to provide Security Alarm Management Services Staff Contact: Jonathan Alegre, Police Department Page 100 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING AN AGREEMENT TO PM AM CORPORATION TO PROVIDE SECURITY ALARM MANAGEMENT SERVICES WHEREAS, on July 29, 2022, the City issued a Request for Proposal (RFP) #P10- 2023 for firms to submit their qualifications and methodologies to provide management services for the City’s security alarm program; and WHEREAS, three firms responded to the City's RFP: ; and WHEREAS, following a comprehensive review of the proposals submitted in response to the RFP and interviews with the respondents, staff recommends contracting awarding a contract towith PM AM Corporation to administer the City's security alarm program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the bids and awards a contract for services to PM AM Corporation to continue to provide security alarm management services. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement for Security Alarm Management Services between the City and PM AM Corporation, in the form presented, as may have been modified by the Council prior to its approval and with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Roxana Kennedy Glen R. Googins Chief of Police City Attorney Page 101 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 1 | P a g e THE CITY OF CHULA VISTA REQUEST FOR PROPOSAL RFP P10-2023 Notice is hereby given that proposals will be received until 12:00 P.M. on Monday, August 22, 2022, Pacific Standard Time (PST), furnishing the City of Chula Vista with: Security Alarm Management Services Prospective Proposers are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time. Late proposals will not be considered. Questions related to the proposal must be submitted through PlanetBids. Questions must be received by 3:00 P.M. Thursday, August 4, 2022. Answers will be uploaded to PlanetBids no later than 5:00 P.M. Monday, August 8, 2022. The City reserves the right to reject any or all proposals received any portion of any proposal and to waive any irregularities or informalities in proposals or the RFP process. Any addenda that are issued through this RFP must be signed and returned with your submittal. Victor De La Cruz Procurement Services Analyst Page 102 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 2 | P a g e Schedule Activity Date RFP Posted to PlanetBids July 29, 2022 Question Submittal through PlanetBids August 4, 2022 no later than 3:00 P.M. Response to Questions Released August 8, 2022 no later than 5:00 P.M. RFP Response and Proposal Due August 22, 2022 no later than 12:00 pm Selection of Contractor September 2022 Council Adoption September 2022 Contract Inception October 15, 2022 Objective The City of Chula Vista is seeking competitive proposals from experienced and qualified firms to provide third-party security alarm management services. The successful bidder will work daily with the City to effectively administer the City of Chula Vista security alarm program. The objective of this Request for Proposal (RFP) is to contract for an initial term of one-year (12-month) for Security Alarm Management Services. The City will evaluate and determine the need for ongoing services and at the City’s option the agreement will include four (4) one-year options to renew. Background The City of Chula Vista is located in southern San Diego County, approximately seven miles north of the international border with Mexico. Chula Vista is the second largest City in the County, the 15th largest in California and the 75th largest City in the United States. With a population of 277,000 residents, the City of Chula Vista is one of largest employers in the county with over 1,000 regular employees. The Chula Vista Police Department currently responds to more than 2,600 alarm activations per year that are not valid emergency activations. The City currently has 8,700 active alarm permits, which are renewed annually. The Chula Vista Police Department believes there are a number of non-permitted security alarm systems operating in the City. Consistent with the current City Ordinance regulating alarm installations, active alarm systems must have a current permit. On July 1, 2014, the City implemented a modern Security Alarm Ordinance, along with new security alarm permit and false alarm schedules, resulting in third-party administration of the City’s Security Alarm Program. These important changes have allowed the Police Department to manage its limited resources and better serve the needs and expectations of the citizens and business community. Page 103 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 3 | P a g e With the existing alarm program administration contract expiring on October 14, 2022, the City is currently seeking proposals from interested companies who are qualified to provide security alarm management services consistent with the existing City Alarm Ordinance. The contractor shall provide database development and management, billing and accounting services for annual alarm permit registrations/renewals, billing and accounting services for false alarm activations, collections services for any outstanding uncollected balance, user friendly online access for both alarm company and alarm owners and correspondence with citizens and businesses, including coordination with the City regarding appeals. Additionally, the contractor must work with the City to reduce the number of alarm users under “verified response” status (four or more false alarms in a 12- month period) and coordinate with alarm companies to register City alarm permit for all active alarm systems within the city limits. Additional information regarding the City’s Security Alarm Program may be obtained at www.chulavistaca.gov/departments/police-department/programs/security-alarm-program Scope of Work (SOW) Alarm Management Solution 1. The contractor shall develop and provide a secure web-based platform for alarm users to obtain/renew/cancel permits, pay fees, file alarm appeals, and view information regarding their specific alarm. This web platform shall be accessible to the City of Chula Vista. The contractor shall use data generated from the City's existing systems to accomplish this service. 2. Contractor shall accept automated or manual transfers of account information from the City or other contractor’s database. It is expected that the contractor will work (at no additional cost) with the City and its software to ensure accurate and timely transmission of data. 3. The contractor shall maintain robust data and financial controls for safe and reliable administration of the City’s Security Alarm Program. 4. The contractor shall coordinate with the City to establish an interface with the Police Department’s Computer-Aided Dispatch (CAD) system (Motorola PremierOne) system and web- based platform to automate the report generation of daily false alarm calls. 5. The contractor shall be responsible for posting or recording all alarm incidents in their secure platform, within 24-48 hours of receiving the data from the City of Chula Vista. 6. The contractor’s web-based platform shall track the count of false alarms for each alarm location, and determine when an alarm location is placed on verified response (VR) status (four or more false alarms in a 12-month period). 7. The contractor shall develop and offer online alarm user training and education as well as develop and conduct false alarm prevention. 8. The contractor shall make available to alarm users an online appeals process portal where the alarm user will use to submit an appeal when there is a disagreement on a fee, change in status or other reasons. The contractor shall support and coordinate the billing/suspension/revocation appeals process with appropriate City officials. When an account adjustment is approved, the contractor shall post account adjustments as result of alarm appeals. Account modifications Page 104 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 4 | P a g e shall include any billing adjustments within 24-48 hours of receiving appeal decision from the City of Chula Vista. 9. If available, the contractor shall describe other management solutions to administer the City’s Security Alarm Program. Other solutions may include a mobile strategy allowing alarm customers to access alarm permit information via their mobile device, and key functions, such as registration and payment features. Customer Support Center 10. The Contractor shall offer a toll-free phone number to serve as a support center for alarm inquiries. Customer Service Representatives shall be trained to take calls in a pleasant and understanding manner to provide the highest quality of customer service to the City, alarm companies and alarm users. 11. Customer service hours of operation shall be, at minimum, Monday to Friday, from 8:00am to 5:00pm PST. 12. Customer service shall be offered in multiple languages (at minimum English and Spanish). 13. A message option shall be available for calls received outside of operating hours. Contractor shall respond to voice messages the following business day. 14. Alarm customers shall also have an option to email contractor or send via U.S. mail for any customer support. Contractor shall respond to email or mail inquiries by the following business day. Notifications 15. The contractor shall generate and mail false alarm notifications and billings, track false alarm responses and registration status (i.e. active, suspended or revoked) using the web-based platform. Any correspondence issued on behalf of the City shall comply with City-approved formats. Registration status and false alarm data shall be made available for import/export to/from the City and alarm companies in Microsoft Excel format. 16. Alarm notifications and billings shall be accomplished by telephone, electronic correspondence and U.S. Mail. 17. The contractor shall notify alarm users of false alarm incidents or verified response status via automated call notification within 3-5 business days of receipt of data from the City of Chula Vista. 18. On a daily basis (with the exception of weekend and holidays), contractor shall email a list of new Verified Response (VR) locations to the City at alarms@chulavistapd.org. In the event that no new VR locations are identified, no email is necessary. 19. The contractor shall generate email notifications to alarm companies if their customer’s alarm site has been placed on or removed from Verified Response status and shall provide a summarized report listing each date a notification was issued to an alarm company, the permit number, installation address, alarm company account number and status. 20. Written educational materials for citizens and businesses and a coordinated public education notification plan shall be developed by the contractor which clearly identifies the program as a City of Chula Vista effort and shall include program purpose, available resources and training videos on how to use the application and services. Accounting/Billing Services 21. On a weekly basis, the contractor shall process invoices for permit registration/renewals and false alarm fines, that will include, at minimum: bill number and bill date, alarm site location, date and time of alarm incident, the count of false alarms, corresponding fines for each alarm Page 105 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 5 | P a g e incident, bill due date, notice of late penalty fees if balance is not paid by due date, notice that police response may be revoked after the fourth false alarm during a 12-month period, and appeal information. 22. The contractor shall be responsible for posting or recording all alarm payment activity in their secure web-based platform, which includes, but is not limited to: permit holder information, billings for permit fees and/or false alarm charges, payment receipts, and account adjustments. Contractor shall post all alarm payment activity within 1-3 days from receipt. 23. In the event an alarm user overpays or requires a refund of any fee, the contractor shall issue the refund out of the alarm program bank account on behalf of the City. A monthly report of all refunds issued shall be made available online to the City. 24. Contractor shall track the permit renewal dates of existing alarm permit holders and send annual permit fee invoices accordingly. 25. As notified by alarm companies or customers, the contractor shall send alarm permit fee invoices to new customers and suspend permit accounts for customer cancellations. 26. For unregistered alarm permits, the contractor shall assign a unique temporary permit number until the alarm permit is registered and paid. When the alarm permit is paid, a unique permanent permit number will be assigned, along with merging the information from the temporary permit number to the permanent permit number. Alarm Permit Registration 27. The contractor shall provide alarm users the ability to register their security alarm systems via their web-based portal, by telephone or Interactive Voice Response, or by U.S. mail via a completed written application. Additionally, the contractor shall generate an email and mail registration status changes to individuals, businesses and alarm companies. 28. In their web-based portal, contractor shall categorize the permits by appropriate status (active, inactive/expired, cancelled, suspended, Verified Response). 29. The contractor shall verify that the alarm site is within the jurisdiction of the City of Chula Vista. Methods to verify addresses shall include geo data provided by the City or USPS. 30. On a monthly basis, the contractor shall engage directly with alarm installation companies to ensure that new permit registrations are consistent with the number of alarm installations reported by each alarm company. Contractor shall validate the alarm company’s data against the permit data. Any locations discovered to be unregistered will be sent an alarm registration invoice along with the information sheet of the City’s alarm program and permit application. This information sheet (describing the permit requirement, false alarm fees, verified response, alarm appeals, etc.) shall be provided by the City and shall be available on the Police Department’s alarm webpage (www.chulavistaca.gov/SecurityAlarm). 31. Gaps between the alarm company’s installation location and the permitted location data shall be reported by the contractor to the City within 30 days after they are identified. This report shall at least include the following: alarm user, address, alarm company name, alarm company account number, City alarm permit number, and alarm permit status (current, cancelled, outstanding). 32. As requested, the contractor shall provide the City a complete list of alarm permit holders or data regarding trends of increased/decreased number of permit holders for specified time periods. 33. Contractor shall develop and make available on their online customer web portal an alarm permit template for permit holders to print and display at their location. The alarm permit Page 106 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 6 | P a g e template, which will be provided by the City, shall include the permit number and expiration date. In addition to the permit decal being available on the customer website, contractor shall send out the permit decal whenever a registration or renewal fee is paid. Contractor shall email the decal if the permit registration or the renewal fee is paid through the customer website, else contractor shall send the decal through physical mail. 34. The contractor shall provide a strategy to address the number of alarm users who do not have a current alarm permit but have an active alarm system. The strategy shall not involve a modification of the current alarm ordinance and shall include an example where the strategy was successfully implemented and the outcomes of implementing such strategy. Collection Process 35. Contractor shall accept payments by check, credit card (Visa, MasterCard, Discover, AMEX) and debit cards. 36. Contractor shall make a minimum of two written or telephone contacts for each account within sixty (60) days of receipt of account unless the account clears sooner. Contractor shall provide detailed steps that will be taken once accounts received from the City, including the number of contacts and procedures that will be followed. 37. Contractor shall conduct skip tracing on delinquent accounts. Contractor shall provide specific tools used to conduct skip tracing. 38. Contractor shall report all uncollected accounts to the major credit bureaus unless a type is excluded from reporting by the City’s Finance Director/Treasurer and shall forward the account to a third-party collection agency once the account becomes 180 days delinquent. Such reporting must be in accordance with all applicable Federal and California laws. Contractor shall not report accounts to the credit bureaus until the contractor has worked the account for 180 days. At the request of the Finance Director/Treasurer, the Contractor shall remove an account notification from all affected bureaus and provide a copy of that notification to the Finance Director/Treasurer. In accordance with the Fair Credit Reporting Act, the City requires that accounts be cancelled from each credit bureau upon request of the Finance Director/Treasurer. 39. Contractor, upon contract award, shall take immediate action to engage with account holders with an outstanding balance that has gone uncollected for over 180 days. The contractor shall notify each account holder on the outstanding balance and the request for payment. The contractor shall allow for 60 days for the account holder to respond before referring the account to a third-party collection agency to try to recover the outstanding balance and referring the account to the major credit bureaus. 40. Revenue generated from the third-party collections company shall be calculated using the same methodology used to calculate revenue from fees and fines proposed by the contractor. The calculation shall be based on the net balance recovered after the third-party collection company has been paid. 41. Contractor shall accrue interest on outstanding balances at a rate established in the City as authorized by the Chula Vista Municipal Code or by resolution of the Chula Vista City Council. 42. Contractor shall not have full rights to the accounts and shall only be able to pursue collections on behalf of the City. Contractor shall make contacts with delinquent accounts under the name of the collection agency. 43. Contractor shall not have authority to accept a compromise settlement on any account without written consent of the Finance Director/Treasurer or designee for all accounts. This consent may Page 107 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 7 | P a g e be accomplished by setting parameters under which the contractor may accept a settlement without written permission. 44. The City reserves the right to withdraw a delinquent account from the contractor at any time. In such cases, the contractor shall cease all collection and/or legal activities related to the account. If account is withdrawn prior to collection activity on the part of the contractor then no fees shall be due. 45. The City is customer service oriented and firmly believes in a positive approach in dealing with debtors. The contractor shall not use tactics or third-party collection agencies whose tactics may be interpreted as harassment or as demeaning or that may reflect poorly on the City's efforts. The City prohibits any collection enforcement procedures not consistent with the City's requirements. The City requires the contractor to exercise high ethical standards in their collection philosophy and techniques. The contractor shall conduct its collection business in a professional manner, which will preserve the dignity of the City and its relationship with its citizens. 46. Contractor shall perform all work in accordance with all applicable State and Federal laws, including, but not limited to, the provisions of the Federal Fair Debt Collection Practices Act. 47. Contractor shall provide in proposal any other relevant information about their collection processes and shall provide detailed information about the collection methods to be used. 48. The Finance Director/Treasurer, or designee, shall be allowed access to debtor accounting information through an on-line terminal or the internet providing the ability generate recovery analysis reports or audit debtor files at any time. 49. Contractor shall submit monthly status reports on all accounts detailing its collection activities for the previous month. The monthly status report shall reference the City’s fund and revenue account number, as well as type of receivable. The monthly report shall include data for each account, detailing information such as: original placed value of debt, the value of the current debt money received, charges waived, interest charged, balance due, and date of last payment. A financial summary will also be required showing "period to date" and "fiscal year to date" totals for pertinent information such as: receipts, net accounts receivable, total accounts receivable, and collection percentage as well as uncollected amounts and percentage change from prior month. 50. Contractor shall meet at least twice annually with the Finance Director/Treasurer and other City staff to discuss collection status. The contractor shall also provide recommendations on how the City can reduce future bad debt. The contractor shall provide updates to the City on changes in state and federal laws related to credit and collections. Reporting & Documentation 51. Contractor shall make available various reports to City staff for alarm program management (data in Excel format), which may include but is not limited to: 1) Permit Holder information for all status types, 2) Invoice and Payment reports, 3) Verified Response location reports and 4) Appeal reports. 52. The contractor shall mail a monthly check for the City’s portion of alarm program revenues to: Chula Vista Police Department Attention: Fiscal Operations 315 Fourth Avenue Chula Vista, CA 91910 Page 108 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 8 | P a g e 53. In addition to the monthly status report and a monthly bank statement, a detailed and summarized aging report shall be available by the City’s fund and revenue account number. Aging reports shall be provided upon City request. 54. A fiscal year-end report, as of June 30, shall be provided to include, by the City's fund and revenue account number: a. Detailed listing of all accounts by type b. Detailed listing of all accounts closed in past year by type c. Detail of all activity by account in past year by type d. Summary of all the above reports 55. The contractor shall provide the City any requested information that is not accessible in the web-based platform or a report but is available in the existing dataset relevant to the City of Chula Vista. The request shall be met within 30 days of the initial date of the request unless the contractor can justify a reason why the request cannot be met within the timeline. If the timeline is not reasonable due to the complexity of the request, the contractor shall notify the City and provide an alternative timeline. 56. Contractor shall maintain records supporting each assigned account. All such records (correspondence, documents, accounting records, banking records and other relative evidence) shall be made available to the City for review upon request. These records shall be maintained for a period of seven (7) years after termination of the collection action on each account. The City reserves the right to perform periodic audits to ensure that all amounts collected are accurately reported and remitted. 57. Contractor shall meet at least quarterly with City staff to discuss the general status of the City’s Security Alarm Program. Page 109 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 9 | P a g e Proposal Form and Content The City will accept proposals in accordance with the instructions and specifications in this Request for Proposal (RFP). A. Provide one (1) original PDF document uploaded in PlanetBids on or before the date identified in this RFP. B. PREPARATION: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP and should address how your firm would provide the services identified in the Scope of Work. C. PROPOSAL FORMAT: Proposals shall adhere to the following format for organization and content. Proposals must be divided into the individual sections listed below. D. TRANSMITTAL LETTER WITH EXECUTIVE SUMMARY: Document summarizing the proposal and the proposed fee structure. E. TABLE OF CONTENTS: The table of contents shall identify the contents of the proposal in a format consistent with the proposal requirements and format set forth herein. F. GENERAL INFORMATION AND EXPERIENCE: Provide a brief description of your organizational structure, including if any significant changes to structure or leadership in the past 36 months, and any expected organizational changes in the next year. Identify the number of years of experience in providing legislative advocacy services, similar in size and scope to that requested in the RFP. G. CAPABILITIES: Provide the bidder's qualifications including a description of similar contracts that bidder has engaged in the last five (5) years that are similar in size and scope of this RFP. Provide a list of all clients served and services provided, as relevant to this RFP, with organization name, address, contact person's name, title, email and phone number, along with dates services provided. The City reserves the right to contact any organization or individuals listed. Provide a statement of the bidder's ability to make collections in all 50 states and the ability to file reports with the three major national credit bureaus. H. POINT OF CONTACT: List the principal personnel who will be assigned to this project, a description of their qualifications, and their responsibilities for this contract. Backgrounds or biographies should be provided. Also, list recent projects on which the principal personnel have worked and describe their responsibilities. The designated City Alarm Administrator must be notified immediately of any change in principal personnel after selection. Such a change will be Page 110 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 10 | P a g e considered a significant change in the proposal and may be cause for the City to terminate the contract with Contractor. Services provided under this project shall not be performed by or delegated to any person or entity other than the contractor without the written authorization from the City Alarm Administrator. I. FIRM’S METHODOLOGY AND APPROACH TO WORK: A detailed Scope of Work, including timeline for project implementation. The Scope of Work must address the following components, as well as any other items deemed necessary by bidder: a. Describe in detail how the bidder proposes to accomplish each individual task outlined in Scope Of Work. b. Describe bidder’s collection methodology, from initial account receipt through resolution. c. Provide bidder's collection rate of success. d. Provide sample of the letters sent to delinquent accounts; and reports required in Collection Process and Reporting & Documentation sections. J. FIRM’S PHILOSOPHY AND ETHICAL STANDARDS: Provide a detailed description of the firm’s philosophy and ethical standards. K. FEE PROPOSAL: The City shall not incur any costs for this program. All monies paid to the Contractor will be deducted from the collected fines and fees. A detailed accounting of collections less City owed fees will accompany remittance to the City. If current laws allow a Contractor fee to be added to the principal amount of the debt to the City, the City will consider this method versus reducing their principal in the amount of the charge. Contractor shall instruct consumers to submit payment due to the City of Chula Vista at the collection agency. Any payments received at the City will be forwarded to the collection agency for processing. The collection agency will be notified of any payment forwarded by the City. The funds received by the contractor must be maintained in a trust fund until remitted to the City and the collection fee can be deducted at the time of remittance. The City may choose to be invoiced for all collection fee charges. Fee proposal shall include: a. The basis of the fee (such as flat fee per account assigned, percentage of revenue collection, etc.) b. The fee or manner in which a fee would be negotiated for any other accounts or indebtedness not specifically listed in this RFP the City may assign for collection. c. The fee for any accounts referred by the Agency for legal action to either in-house or contract attorneys. Page 111 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 11 | P a g e The proposal should not include any reference to other discounts, incentives or other forms of financial consideration unrelated to the specific services proposed under this Request for Proposal. Evaluation Method All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or take unacceptable exceptions to the General Terms and Conditions or 2-party agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by an evaluation committee comprised of City of Chula Vista personnel. The City of Chula Vista intends to accept the proposal it determines to be in the best interests of the City, based on the overall proposal, not exclusively on cost or any other specific factor. The City reserves the right to amend, modify, reject, negotiate, or accept any proposal in whole or in part at its sole discretion. Evaluation Criteria The award to the successful Respondent will be based upon response to the requirements outlined in this RFP, and an estimate of the quality and effectiveness of each it’s services in the following areas (not listed in order of importance): a. Experience/Past Performance/References (Must have a minimum of 5 years City-specific public sector experience) – Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years’ experience in performing similar work in performing legislative advocacy services for municipalities in California. b. Personnel – Respondent shall submit resumes of all primary professional staff members who will be performing services under the contract. Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. c. Qualifications – This category will evaluate the Respondent’s ability to take upon itself the responsibilities set forth in the Scope of Work and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Chula Vista to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to prosecute the work successfully and properly, and to complete services in a timely manner. To determine the Page 112 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 12 | P a g e degree of responsibility to be credited to the Respondent, the City of Chula Vista will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. d. Proposed Cost e. Optional Interview – In the event the City decides that interviews are necessary, Respondents who are finalists will be notified as promptly as possible. Each interview will consist of a presentation of no longer than one (1) hour. Notice of confirmation of the interview date/time will be given by telephone or in writing. Page 113 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 13 | P a g e GENERAL CONDITIONS Evaluation The Purchasing Agent along with the Department Representatives will evaluate responses. The City reserves the right to reject any or all responses and to waive any irregularity or informality in any response to the extent permitted by law. All respondents are responsible for reading the attached specifications, terms and conditions, Performance Standards, General Conditions, and General Provisions, which are considered part of your bid and any contract awarded. Award It is the City’s intent to award this contract to a single contractor based on the primary services (as outlined on PlanetBids). However, the city retains the ability to utilize alternate contractor/s in the event the awarded contractor is unable to provide services in the time outlined by the city. The award will be made to the lowest, responsive and responsible bidder who, in the City's sole judgement, has the necessary experience, skill, business standing, equipment, staffing, and financial stability to properly maintain the City's bid. The extent to which the respondent proposes to subcontract work will also be a consideration in award. This RFB does not commit the City to award a contract, to pay any costs incurred in the preparation of the proposal to this request, or to procure or contract for services or supplies. The City reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or entirely this RFB, if it is in the best interest of the City to do so. The City further reserves the right to waive any technicalities or minor irregularities in bids received. The City may require the selected respondent to participate in negotiations and to submit such price, technical or other revisions of their proposals as may result from negotiations. The City shall be the sole judge in determining award of contract. Local Business Consideration According to the Chula Vista Municipal Code, Chapter 2.56.090, letter G, In accordance with Section 1011 of the Charter, in the event two or more bids are received which are for the same total amount or unit price and in all other respects are equal, the contract shall be awarded to a local respondent. In the event, however, that such tie bids are all from vendors either wholly inside or all outside of the city, then the contract shall be awarded by drawing lots in public. In evaluating bids for award, the City of Chula Vista considers the 1% sales tax allocated back to the City from vendors located in Chula Vista. Firm Prices Prices shall remain firm for vehicles specifically listed for a minimum of ninety (90) days from the bid opening date. PUBLIC DISCLOSURE All proposals submitted in response to this RFQ become the property of the City and public records, and as such may be subject to public review. Under the California Public Records Act (California Government Code Section 6250 et seq.) records in the custody of a public entity generally have to be disclosed unless the information being sought falls into one or more of the exemptions to disclosure set out in Government Code Sections 6254 through 6255. A cover letter should be provided with the Request for Bid containing a paragraph that states whether or not Vendor believes that its proposal does or does not contain information that falls into one of the exemptions of Government Code Sections 6254 through 6255 and whether or not Vendor considers such information to be confidential. Page 114 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 14 | P a g e In the absence of a declaration, the City may be obligated to disclose the proposal to any party that requests it. Regardless of assertions of confidentiality, proposal contents may still be disclosed if City, or a court with jurisdiction, determines that such proposal is a public record requiring disclosure. Payment Terms Terms: ________%_________Days Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty (30) Days. Payment Method The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment program **(see below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts these forms of payment for invoices. SUA: Yes No EFT: Yes No If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH) and will need the information below: Bank ABA #________________________ Bank Account #_______________________ Bank Name______________________________ Bank Address________________________________________________________________ Checking or Savings Account ____________________________________________________ ** Benefits of SUA Virtual Card Payment Program There are many benefits when accepting SUA payment, including:  accelerated payments that will help reduce days sales outstanding (DSO)  a simplified process that eliminates the cost of processing checks  the ability to reduce administration expenses, account collections and follow-ups  upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed to achieving 100% participation from our valued suppliers. Page 115 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 15 | P a g e Public Agency Participation Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful respondent. This option will not be considered in bid evaluation. Please indicate whether this will be granted. Yes ________ No ________ Business License A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. ____________________ Signature ____________________ Date This page must be completed and returned with response. Page 116 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 16 | P a g e PROPOSAL GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Proposal and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, operator, supplier, or vendor. Bid is defined as any bid, proposal, or quotation submitted in response to this solicitation. 1. Items Offered If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state or equal. 2. Samples Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City 3. Verify Quotations Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 4. Firm Prices Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City shall receive the benefit of such decline. 5. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 6. Late Bids, Modifications, or Withdrawals a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. Page 117 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 17 | P a g e 7. Mistake in Bid a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance these provisions. b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the bidder discovers a mistake in its bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. c) A mistake in bid cannot be considered once a purchase order or contract is issued. 8. Signature All bids shall be signed, and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. . 9. Alternative Proposals To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 10. Environmentally Preferable Purchasing (EPP) The City defines Environmentally Preferable Purchasing (EPP) as the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or service that serve the same purpose. With few exceptions, environmentally preferable products shall only be purchased when determined to be cost-effective while considering a true cost during its lifecycle from use, management and disposal. EPP requires attention to numerous environmental considerations, including energy efficiency, postconsumer recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to name just a few. Testing and evaluation of environmentally preferable products is one allowable exception and may be requested at any time during the solicitation process. For more information, please consult the CalRecycle website at: https://www.calrecycle.ca.gov/epp. 11. Quality Unless otherwise required in the specifications, all goods furnished shall be new and unused. 12. Litigation Warranty The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder’s performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis Page 118 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 18 | P a g e of bidder’s performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 13. Performance Standards Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 14. Warranties a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturer’s dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City’s schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 15. Addenda The effect of all addenda to the bid documents shall be considered in the bid and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 16. Specifications to Prevail The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions that are in conflict therewith. 17. Taxes The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 18. Conflict of Interest No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties. Page 119 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 19 | P a g e b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 19. Gratuities The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 20. Faithful Performance Bond Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 21. Insurance Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days’ notice of cancellation shall be indicated. Worker’s Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 22. Indemnification Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including attorney’s fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents. 23. Award of Contract a) Bids will be analyzed, and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder’s past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such. c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. Page 120 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 20 | P a g e d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 24. Protests Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 25. Documentation Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City’s option the bid bond may be attached for damages suffered. 26. Seller’s Invoice Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 27. Document Ownership a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder’s copyright or any license granted to City. 28. Advertisements, Product Endorsements City employees and agencies or organizations funded by the City are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent’s prior written approval. Page 121 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 21 | P a g e 29. City Provisions to Prevail Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly agreed to by the City. The City reserves the right to reject bidder’s bid as non-responsive, to consider the bid without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by Bidder. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 30. Invalid Provisions In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable. 31. Amendments and Modifications The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 32. Assignment Bidder shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 33. Disputes Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent’s decision. 34. Mediation Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process. The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties. Page 122 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 22 | P a g e 35. Lawful Performance Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the bidder, at bidder’s sole expense. 36. Business License Chula Vista Municipal Code Section 5.02.020 requires all firm/entities doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. 37. Annual Appropriation of Funds Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 38. Extension When in the City’s best interest, this agreement may be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing, terms, and conditions, as described herein. 39. Debarment The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include: a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or ii. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, or Page 123 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 23 | P a g e iii. Two or more claims of computational error in bid submission within a two-year period. c) Debarment by another governmental entity. d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: i. Collusion in bidding ii. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. iii. Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 40. Venue This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego. (REV February 2021) Page 124 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 24 | P a g e 1. THE CITY’S STANDARD 2-PARTY AGREEMENT FOR CONTRACTOR /SERVICE PROVIDER IS ATTACHED FOR REVIEW. THE CITY WILL CONSIDER ANY NOTED EXCEPTIONS WHILE MAKING THEIR SELECTION. CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH CITY OF CHULA VISTA TO PROVIDE [SERVICES TO BE PROVIDED] This Agreement is entered into effective as of October 15, 2022(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and City of Chula Vista, Entity Type (e.g. A California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, on month, day, year, the City issued Request for Proposal (RFP) # P##-##/## to seek qualified companies to provide security alarm management services; and WHEREAS, Contractor/Service Provider was selected as a result of the RFP process; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 125 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 25 | P a g e OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to Page 126 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 26 | P a g e commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily Page 127 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 27 | P a g e performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of- pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. Page 128 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 28 | P a g e 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any Page 129 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 29 | P a g e kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. Page 130 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 30 | P a g e 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. Page 131 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 31 | P a g e 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non- contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Page 132 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 32 | P a g e Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Page 133 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 33 | P a g e Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be Page 134 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 34 | P a g e attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub- Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or Page 135 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 35 | P a g e email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 136 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 36 | P a g e SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. CITY OF CHULA VISTA CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Enter name of signatory MARY CASILLAS SALAS Enter title of signatory MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney Page 137 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 37 | P a g e EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Ave Chula Vista CA, 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: CITY OF CHULA VISTA Enter Mailing Address Enter Phone Number Enter Email Address For Legal Notice Copy to: Enter Contractor/Service Provider Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address 2. Required Services A. General Description: Contractor/Service Provider Will Provide Security Alarm Management Services. B. Detailed Description: Enter Detailed Information About Each Task To Be Performed, Including Task Description, Associated Deliverables, And Completion Date. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin October 15, 2022 and end on October 14, 2023 for completion of all Required Services. Page 138 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 38 | P a g e 4. Compensation: A. Form of Compensation As a third-party administrator, Contractor/Service Provider shall collect revenues on behalf of the City for the City’s Security Alarm Program, which includes permit fees, false alarm fines, late fees, and any other fees or fines associated with the City’s Security Alarm Program. City and Contractor shall share the net revenue collected from the City’s Security Alarm Program Enter revenue sharing information. B. Reimbursement of Costs ☒ City shall pay the bank fees and postage costs associated with the security alarm program. If the City opts for a lockbox, the lockbox charges shall be paid by the City before the foregoing split of revenue. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through October 14, 2023 shall not exceed $100,000. 5. Special Provisions: ☐ Permitted Sub-Contractor/Service Providers: None. ☐ Security for Performance: None. ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or every October 15, through October 14, 2027. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to 0% for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. Page 139 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 39 | P a g e EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: NONE. Page 140 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 40 | P a g e EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of- interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 141 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RFP P10-2023 July 29, 2022 41 | P a g e 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866- ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jonathan Alegre Page 142 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 1 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH PM AM CORPORATION TO PROVIDE SECURITY ALARM MANAGEMENT SERVICES This Agreement is entered into effective as of March 1, 2023 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and PM AM Corporation, A Texas Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, on July 29, 2022, the City issued Request for Proposal (RFP) # P10 -2023 to seek qualified companies to provide security alarm management services; and WHEREAS, Contractor/Service Provider was selected as a result of the RFP process; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 143 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purpos es of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. Page 144 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 3 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All char ges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved bu dget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City Page 145 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 4 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out o f or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreem ent by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compen sation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. Page 146 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 5 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. Page 147 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 6 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any mann er arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Page 148 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 7 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be Cit y’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily Page 149 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 8 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writin g and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectivel y “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. Page 150 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 9 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligati on or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached Page 151 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 10 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 152 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 11 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. PM AM CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ PANKAJ KUMAR JOHN MCCANN CHIEF EXECUTIVE OFFICER MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: ________________________________ Glen R. Googins City Attorney Page 153 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 12 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Chula Vista Police Department Jonathan Alegre, Police Administrative Services Administrator 315 Fourth Ave Chula Vista CA, 91910 (619) 476-2570 jalegre@chulavistapd.org For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Contractor/Service Provider Contract Administration: PM AM CORPORATION Pankaj Kumar, Chief Executive Officer 5430 LBJ Freeway, Suite 370, Dallas, TX 75240 (972) 831-7401 pankajk@pmam.com For Legal Notice Copy to: [same as above] 2. Required Services A. General Description: PM AM Corporation will provide Security Alarm Management Services. B. Detailed Description: PM AM Corporation shall provide security alarm management services on behalf of the City, including but not limited to: • A self-service web portal allowing residents to apply for a permit, pay fees and fines, update contact information, and view alarm incidents. • A secure web portal for the City to access alarm data through various reports and queries. Reports should be exported in both PDF and Excel format. • Offer a toll-free support center for alarm inquiries, with customer service representatives available Monday to Friday from 8:00 a.m. to 5:00 p.m. Pacific Standard Time. • Administer billing and collections processing for all City alarm users. Page 154 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 13 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 • Track the count of alarm permits, update alarm user information, and provide reporting to the City on permit registration status. • Work directly with alarm companies to exchange new and discontinued alarm user account information. • Track the count of false alarms for each alarm site and determine when locations shall be placed on Verified Response status. • Provide educational resources for alarms users of best practices for reducing/eliminating false alarms. An online training course shall be available to educate alarm users how to reduce false alarms or to fulfill the requirement of the first violation fine waiver. ALARM MANAGEMENT SOLUTION PM AM Corporation shall use its 100% web-based solution, False Alarm Management Solution (FAMS), to track and store alarm permit information, alarm incidents, accounts receivables in real-time. The City of Chula Vista shall have access to multiple portals allowing them to search or cross-reference permit information by alarm user name, address and multiple search criteria to view the account history and alarm enforcement actions. These portals shall allow the city staff to review and audit all the data associated with permits, billings, collections, as well as run ad hoc reports as needed. PM AM Corporation shall maintain robust data and financial controls for safe and reliable administration of the alarm program. PM AM Corporation is SSAE-16, SOC I certified through BDO USA, LLP. FAMS resident self-service portal shall be accessible to residents to register their alarm systems or update their contact information online. The self-service portal shall be custom-designed to match the City website appearance and shall be integrated with the City’s existing website, striving to create a safe, transparent, and risk -free environment for the community. The portal shall make the permit application process easy and accurate, and completed applications shall be presented to the resident for review prior to submission. PM AM Corporation’s custom-designed videos, available at the resident portal, shall empower residents in learning the permitting and payment processes. PM AM Corporation shall deploy its mobile strategy and launch its full-service Smartphone apps for iOS and Android devices. Using these apps, residents shall be able to perform 8 key functions, including alarm permit registration easily and conveniently. Residents shall also be able to contact PM AM customer support staff to complete the alarm registration via telephone as well. CUSTOMER SUPPORT CENTER The City of Chula Vista shall have a dedicated toll-free number for its alarm users to contact a Customer Support Center managed by PM AM Corporation. Alarm users shall also have an option to email PM AM customer support staff, or request call back from PM AM support team for a quick resolution. PM AM Customer Support Center shall be available Monday to Friday from 8:00AM to 5:00PM Pacific Standard Time. Customer Support Center shall provide services in English, Spanish, as well as offer translation services in 175+ different languages. Page 155 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 14 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 PM AM Corporation shall provide an option for inbound callers to leave a voicemail message for those calling after normal business support hours. PM AM Corporation shall return any voice mail messages the next business day. PM AM Customer Care and Collections representatives shall be rigorously trained to communicate honestl y, courteously and transparently as required by the Fair Debt Collection Practices Act and other state and federal laws. All invoices and communication shall clearly communicate that PM AM Corporation is collecting a debt on behalf of the City of Chula Vista, and shall include factual details that reasonably support the validity of the debt. PM AM Corporation understands that the City has high customer service expectations. PM AM Corporation shall seek the highest degree of professionalism and courtesy f rom their service representatives and provide extensive customer service training to each employee before they start taking live calls. IMPORT OF FALSE ALARM INCIDENTS PM AM Corporation and the City shall collaborate to transfer alarm information from th e City to FAMS on an ongoing basis at no additional cost to the City and ensure accurate and timely transmission of data from the City to FAMS. False alarm incidents shall be imported into FAMS on a daily basis. Incidents shall be matched to the alarm accounts within 24 to 48 hours of receiving the data from the City. PM AM Corporation and City of Chula Vista shall work together to establish processes, which allow the transfer of Computer Aided Dispatch (CAD) alarm data to the FAMS system. The City of Chula Vista in its Request For Proposal # P10-2023 has requested an automated interface between its Motorola Premier One CAD and FAMS. PM AM Corporation confirms its experience and ability to interface with Motorola Premier One CAD. ALARM NOTIFICATIONS PM AM Corporation shall generate automated call notifications to notify the alarm users of false alarm incidents or verified response status within 3 to 5 business days of the receipt of alarm data from the City. BILLING PROCESS Based on its customizable rule-based solution, FAMS shall adopt the billing criterion and all associated fees, including false alarms charges that are billable based on location type (residential, commercial, exempt), false alarm count, and the total fine for each location. Billing shall be processed on a weekly basis. FAMS shall generate invoices for false alarm fines, registration, renewals, interest charges etc. and reminders for unpaid invoices via email, physical mail and/or mobile strategy. PM AM Corporation shall use their rule-based billing process to track the permit renewal dates and send accurate permit renewal notices to alarm users. Reports shall be reviewed by PM AM Corporation’s Billing Specialist to verify all permit registration and renewal notifications have been processed correctly. Page 156 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 15 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 Invoices shall be sent 45 days prior to the permit expiration date, thus providing ample time to residents to pay and remain compliant with the City’s Ordinance. PM AM Corporation and City staff shall work together to finalize the content of the invoices based on City requirements. COLLECTIONS PROCESS PM AM Corporation shall take full responsibility of collecting all fees, fines and charges of delinquent accounts. PM AM Corporation shall offer multiple payment options to Chula Vista alarm users: • Checks or money-orders • Credit Cards, Debit cards and E-checks via: • Pay via phone using by calling Customer Support Center • On-line, via self-service web portal • Via iPhone/Android app • Via Interactive Voice Response (IVR) over the weekends PM AM Corporation shall partner with Authorize.Net and EVO Merchant Services as a payment gateway hosted software application on PM AM Corporation’s server, which shall authorize credit card payments between the self-service website and each credit card processor. Information such as credit card numbers, amount, and customer name shall be encrypted and passed to the credit card processor, who shall process the payment through the Visa/MasterCard network. All payments shall be made in compliance with PCI. All payments received via credit cards, debit cards, e-check shall be posted in real-time with a copy of the confirmation sent to the alarm user immediately. All payments received by checks or money-order shall be posted within 1 to 3 days of receipt. PM AM Corporation shall issue refunds from the alarm program bank account on behalf of the City of Chula Vista for over payments. As a part of its monthly reconciliation, PM AM Corporation shall provide a monthly report online as well as through email to the City staff for all refunds issued. In accordance with the City of Chula Vista Alarm Ordinance Chapter 9.06, failure to pay alarm fines results in 10% basic penalty along with a delinquency charge of 1.5% per month to the alarm user. To maximize the effectiveness on collection accounts, PM AM Corporation shall apply their process -driven comprehensive collections process which includes: • Sending invoices via physical mail (USPS), email and/or mobile strategy • Courtesy email reminders every week for unpaid invoices past the due date • Automated phone calls on bi-weekly basis • Courtesy phone calls by PM AM staff on bi-weekly basis PM AM Corporation shall employ proactive and reactive skip-tracing procedures to process return mail and track alarm users, in order to clear outstanding balances in a timely fashion. PM AM Corporation shall utilize technology to track Forwarding Address changes to track and reach out to debtors and forward outstanding invoice information to the correct addresses. Page 157 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 16 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 PM AM Corporation shall integrate perform skip tracing through cities’ water/utilities databases, if the process is approved by the City. PM AM Corporation shall present the City with other solutions to perform skip tracing utilizing se veral other informational databases. These databases include: • Online Criss-Cross Directories • Google • Contacting the alarm companies • Yellow Pages PM AM Corporation shall use processes for eliminating mailing errors for the City. This shall include u sing forwarding information for alarm users to reduce incorrect addresses, wasted mailings, as well as utilizing latest industry leading solutions to obtain updated and current address information prior to mailing. PM AM Corporation shall work with a third-party collection agency for delinquent alarm accounts on behalf of the City and does not assume full rights to any alarm accounts. PM AM Corporation shall extend full cooperation to City staff and the third-party collection agency in collection matters after the accounts are handed over. All data pertaining to the security alarms is owned by the City and shall be returned to the City upon termination of services with PM AM Corporation. PM AM Corporation shall work with City staff to launch the third-party collection activity as proposed by the City and shall notify each alarm user with an outstanding balance of the City’s initiative and the request for payment. Alarm users who fail to pay the outstanding balance within 180 days of invoice due date shall be referred to the third-party collection agency for credit bureau reporting. The City shall be able to monitor the progress of the collection accounts on an ongoing basis. The City’s Finance Director/Treasurer shall also have the authority to recall or remove from the affected bureaus and PM AM Corporation shall execute the same and provide documentation to the City’s Finance Director/Treasurer. PM AM Corporation shall not offer or accept a compromise settlement on accounts without written approval from the City’s designee and shall continue to work with the City on case-by-case basis or by setting parameters agreeable to the City’s designee to offer such settlements on delinquent accounts. The City and PM AM Corporation shall have 100% transparency for the credit bureau reporting. PM AM Corporation shall create a process after due diligence and exploration with the City officials and Federal laws. The City and PM AM employees shall be able to assign delinquent accounts (over 180 days past due) for the credit bureau reporting after the approval from the City’s Finance Director/Treasurer. PM AM Corporation agrees to the City’s right to withdraw a delinquent account from collection and/or legal activity to be performed by PM AM staff. In cases where the account is withdrawn or no money has been collected, PM AM Corporation shall not receive or charge the City any money for such accounts. In the event a person or organization engages an attorney or notifies PM AM that he or she refuses or is incapable of paying the debt, PM AM Corporation shall cease communication with the debtor immediately. If an attorney is engaged, PM AM Corporation shall only attempt to collect through communications wi th the attorney as required by the Fair Debt Collection Practices Act. At no point shall any PM AM employee mislead, threaten, or harass the debtor in efforts to collect. Page 158 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 17 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 PM AM Corporation shall create an end-to-end collections process in consultation with the City staff to ensure each step is transparent, visible and is in accordance with the City’s expectations. When a third-party collection agency is used, PMAM Corporation shall receive 12% revenue share of the net balance collected after the third-party collection agency has been paid. In case the City opts for a lockbox, the lockbox charges shall be paid by the program before the foregoing split of revenue. A local address shall be obtained if the City opts for lockbox. ALARM PERMITS PM AM Corporation’s FAMS shall track permit registration status (active, cancelled, expired, suspended, verified response etc.), as well as false alarm responses for both registered and unregistered locations. FAMS shall generate and mail false alarm notifications, invoices, reminders to both registered and unregistered locations. City staff and the alarm companies shall have real-time access to their customers along with the registration status and shall be able to export this data from FAMS as needed. FAMS shall track the alarm locations identified as unregistered through the alarm incident data as well as alarm company new customer data set and assigns a temporary account number. These locations shall be engaged through alarm fee, registration invoices along with the City’s information sheet. Once the alarm fee is paid, the account shall be converted to a permanent permit number along with merging the newly obtained information from the alarm users. PM AM Corporation shall track and report the status change of an account on monthly basis as well as the percentage change over the contract period. FAMS has several reports which can easily accommodate this data set. PM AM Corporation shall work with the City staff to incorporate changes in a format needed by the City. On monthly basis, PM AM Corporation shall engage directly with the alarm companies to request alarm installations data on behalf of the City of Chula Vista. Once the data is received from the alarm companies, PM AM Corporation shall scrub the p rovided data against the permit data and all locations found to be unregistered shall be notified of the ordinance requirements and shall be sent an alarm registration invoice along with the information sheet of the City’s alarm program and the permit application. PM AM Corporation shall enter this data into FAMS within 30 days of receipt from the alarm company, which includes, but not limited to, alarm user name, address, alarm company account number, temporary account number as assigned by FAMS and the permit status. This alarm data should be readily available to the City in real time. PM AM Corporation shall provide a report to the City listing the variances between the alarm installations and the number of permitted locations via the FAMS administrative portal within 30 days of receipt of data from the alarm companies. FAMS reports shall provide City staff with electronic listing of new registrations and permits renewed in real - time. This report shall be generated in PDF or Excel format. PM AM Corporation shall work with the City to make changes to its existing reporting to include the changes in registration status in the report as well. PM AM processes shall follow address verification through the City’s GIS team before a permit is issued. Page 159 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 18 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 After a permit is registered, a copy of the permit decal shall be immediately emailed to the alarm user. In cases where an email address is not available, the decal shall be sent via USPS mail. Alarm users shall be provided access to login to their secure account to download a copy of the alarm permit template (decal). Additionally, PM AM Corporation shall send the alarm permit template to residents via email and/or USPS mail when a registration or renewal invoice is paid. PM AM Corporation shall work towards increasing the permitting compliance and engage alarm users through a multi-level strategy to ensure that residents can register for an alarm permit. Some of these strategies are detailed below: • Water-bill Inserts and Social Media alerts • Multi- Family and HOA engagement • PM AM’s proprietary Artificial Intelligence/Robotic Algorithms • Alarm Company Engagement • Business License Registrations VERIFIED RESPONSE In accordance with the City of Chula Vista’s Ordinance Chapter 9.06, FAMS shall place an alarm location on Verified Response (VR) status for having four (4) or more false alarms in a 12-month period. FAMS automatically shall generate and email a list of new locations placed on Verified Response to alarms@chulavistapd.org on a daily basis. In addition to sending email notification to City staff, FAMS shall generate an automatic email notification to the alarm companies if their customer’s alarm site is placed or removed from Verified Response including the permit number, alarm site address and the permit status. APPEALS PROCESS PM AM Corporation has an online appeal module which shall be launched for Chula Vista alarm users to file appeals: • In-Person Hearings o When a resident elects to have an in-person hearing, the invoice shall provide the needed information for the resident to fill out a form available on the website for alarm users or call FAMS Customer Support Center or, submitting it by email or USPS. o Alternatively, in cases where the permit may have been revoked due to excessive false alarms, a revocation notice shall be mailed to the resident, along with the inst ructions to request an appeal hearing. The FAMS solution shall provide a function similar to the court docket system, where the platform allows the City to schedule the requested hearing in the time slots that the hearing officer has notified FAMS that he or she is available. • Alternative Process for Appeals by Mail o When a resident elects to appeal, the customer service representative shall take the information by phone or by mail shall submit the appeal request on the resident’s behalf for the hearing officer to review at his or her convenience. In the case of both in-person hearings and appeals by phone, the hearing officer shall be able to enter the appeal decision into the FAMS solution. Once this information has been provided, a PMAM customer s ervice representative shall generate a notice to the contestant, providing the appeal’s decision. Page 160 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 19 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 EDUCATIONAL RESOURCES PM AM Corporation shall work with the City to create a comprehensive alarm user outreach plan to create public awareness about the alarm ordinance, program purpose and available resources to city residents and businesses through multiple channels. The plan shall include the following elements: • Public announcements in community newspapers • Water bill inserts • Content of the False Alarm Reduction Academy • Newsletter updates and website content PM AM Corporation shall offer an online False Alarm Academy to Chula Vista alarm users. The False Alarm Academy is an online school that shall allow alarm users to learn false alarm prevention s trategies and complete a test for understanding how to prevent future incidents. The Academy shall be established as part of an online process with a secure login/password and shall allow the alarm users to complete the training and test as a part of the permit reinstatement requirement as set by the City. CORRESPONDENCE AND REPORTS All correspondence issued on behalf of the City shall be approved by City officials and PM AM Corporation shall make any additional changes as required by the City staff at no additional cost. FAMS shall be programmed to provide well-defined processes to generate City approved letters, invoices and electronic notifications to residences and businesses. PM AM Corporation shall provide additional reports as requested by the City staff and shall work with the City to provide program information as needed by the City officials within 30 days from the initial request. PM AM Corporation shall reconcile all deposits on daily, weekly and monthly basis and submit reconciled statements to the City’s designee on a monthly basis. These statements shall provide summary of the financial activity performed during the month as well as transaction level details of each such activity in form of a ledger report. The City’s designee shall have real-time access to FAMS to generate these statements as required for a specific month or for the complete Fiscal Year by selecting the date range. PM AM and City staff shall work together to review these reports and shall accommodate changes, if needed. PM AM Corporation shall mail a check for the City’s share of revenue for the alarm program to the following address on monthly basis: Chula Vista Police Department Attention: Principal Management Analyst 315 Fourth Avenue Chula Vista, CA 91910 FAMS reporting shall allow the City staff to generate a detailed and summarized aging report in real -time. This report shall be able to be generated in both PDF and Excel format. Additionally, PM AM Corporation shall provide a monthly summarized report for the aging as a part of its monthly reconciliation process to the City. FAMS offers several reports which can be run by the City staff to generate the following required information: Page 161 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 20 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 A fiscal year-end report, as of June 30 and shall include, but not limited to: a. Fund and revenue account number b. Detailed listing of all accounts by type c. Detailed listing of all accounts closed in past year by type d. Detail of all activity by account in past year by type e. Summary of all the above reports PM AM Corporation shall work with City staff to incorporate any additional details to its existing reports as required by the City at no additional cost. PM AM Corporation shall hold quarterly meetings between the City staff and PM AM staff as a best -practice initiative on an on-going basis to help the City further reduce its false alarm and increase cost -recovery and to discuss all service and collection results. Additionally, PMAM Corporation shall provide recommendations on how the City can reduce future bad debt. PMAM Corporation shall provide updates to the City on changes in state and federal laws related to credit and collections. FAMS shall maintain information related to alarm permits, alarm calls, receivables in real time. FAMS technical architecture shall have the capacity to store an enormous amount of data without need to archive. This includes: records supporting each assigned account (correspondence, documents, accounting records, banking records and other relative evidence) and shall be made available to the City for review upon request. These records shall be maintained for a period of seven (7) years after termination of the collection action on each account. The City reserves the right to perform periodic audits to ensure that all amounts collected are accurately reported and remitted. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 1, 2023 and end on February 28, 2025 for completion of all Required Services. 4. Compensation: A. Form of Compensation As a third-party administrator, PM AM Corporation shall collect revenues on behalf of the City for the City’s Security Alarm Program, which includes permit fees, false alarm fines, late fees, and any other fees or fines associated with the City’s Security Alarm Program. City and Contractor shall share the net revenue collected from the City’s Security Alarm Program: Item Description City of Chula Vista share PM AM Corporation share Net revenue collected from City’s Security Alarm Program 88% 12% B. Reimbursement of Costs ☒ City shall pay the bank fees and postage costs associated with the security alarm program. If the City opts for a lockbox, the lockbox charges shall be paid by the City before the foregoing split of revenue. Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through February 28, 2025 shall not exceed $200,000. Page 162 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 21 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 5. Special Provisions: ☐ Permitted Sub-Contractor/Service Providers: None. ☐ Security for Performance: None. ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment or every March 1, through February 28, 2028. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to 0% for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. Page 163 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 22 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: NONE. Page 164 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 23 City of Chula Vista Agreement No.: 2023-008 Service Provider Name: PM AM Corporation Rev. 1/17/2023 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☐ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☒ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Jonathan Alegre, Police Department 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude corporation or limited liability company). Page 165 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE Contract Award and Appropriation: Award a Design-Build Agreement to EC Constructors, Inc. for the Construction Phase of the Renovation of Fire Station 1; Amend the Infrastructure, Facilities, and Equipment Expenditure Plan; and Appropriate Funds Report Number: 23-0035 Location: 447 F Street (F Street & Fourth Avenue) Department: Engineering & Capital Improvements Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or C onversion of Small Structures). Recommended Action Adopt a resolution (1) Awarding a Design-Build Agreement to EC Constructors, Inc. for the construction phase (Phase 2) of the Renovation of Fire Station 1, in the amount of $6,227,406 (CIP No. GGV0252); (2) Amending the Infrastructure, Facilities, and Equipment Expenditure Plan; and (3) Amending the Fiscal Year 2022/23 CIP Program budget by appropriating $550,000 from the available balance of the Measure P Fund to GGV0252. (4/5 Vote Required) SUMMARY In accordance with the Chula Vista Municipal Code, the City issued a Request for Proposals (RFP) for Collaborative Design-Build services to a list of prequalified Design-Build firms pursuant to Chapter 2.57 of the City's Municipal Code for the renovation of Fire Station 1 located at 447 F Street, Chula Vista. On May 11, 2021, the City Council adopted Resolution No. 2021-076 approving an agreement with EC Constructors, Inc. to provide design and pre-construction services (Phase 1) for the fire station. EC Constructors Inc. and City staff have completed the Phase 1 design scope to the point where a Guaranteed Maximum Price (GMP) for the Construction Phase (Phase 2) of the project has been established. The proposed action would initiate Phase 2 and award the construction contract to EC Constructors Inc. Page 166 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Citizens’ Oversight Committee (COC) meeting held on January 26, 2023, was not able to establish a quorum and the meeting was cancelled. As a result, City staff will present the amended Infrastructure, Facilities and Equipment Expenditure Plan and proposed allocations at the next COC meeting scheduled in April 2023. DISCUSSION Fire Station No. 1 has serviced the citizens of Chula Vista since 1948. This facility has offices, dorm rooms for sleeping, a locker room, an exercise room, bathrooms, a kitchen, a conference room, and parking for three fire apparatus. This project will address the following areas of need in this station. 1. The new ladder truck apparatus that will service the Fire Station 1 area will not fit in the station apparatus bays as currently configured. This project will enlarge the apparatus bay to accommodate the new apparatus. The areas displaced by the enlarged apparatus bay will be relocated in the building requiring further modifications. 2. This station lacks modern firefighter accommodations with regard to gender equity. The renovations will improve dorm privacy and equal access to bathroom facilities. 3. Many areas of the station are aging and in need of renovation and modernization. The dorm rooms and bathrooms are in poor condition and in need of renovation. The electrical, mechanical, plumbing, and windows and doors are presenting maintenance problems due to age. The station alerting system has not been updated to the new City standard system. The Design-Build process utilizes two separate contracts generally referred to as Phase 1 and Phase 2. Phase 1 is for design and preconstruction and Phase 2 is for construction. After award of the Phase 1 contract, the Design-Builder develops the design and captures all the programmatic needs in sufficient detail to allow advertising the project for bids from sub-contractors. The Design-Builder then uses the sub-contractors’ bids for each trade to develop and submit to the City a Guaranteed Maximum Price (GMP) for the project. If an agreement is reached on the GMP and the contract is awarded, then the Design-Builder will proceed to Phase 2 to construct the station. Since the Phase 1 contract award on May 11, 2021, EC Constructors Inc. and City staff have worked together to develop the designs of the proposed Fire Station 1. The Fire Department’s functional needs, technical constraints and budget were considered in developing the project designs. In late 2022, the designs reached the level of completion needed to allow advertising. Page 167 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 3 On November 29, 2022, bid packages for Fire Station 1 were advertised by the Design-Builder. The City also provided notice of the project advertisement via Planet Bids. Subcontractor bids were received January 10, 2023. City staff oversaw the bid opening and participated in the bid evaluation and subcontractor selection. The Design-Builder compiled the bids and submitted a GMP of $6,227,406 for the Phase 2 construction contract to the City. This is approximate 1.1% above the pre-bid estimate of $5,809,890. City staff and our construction management consultant (Project Professionals Corporation) reviewed the proposed GMP, and determined that the GMP package is complete, and reflective of the bids received. Staff recommends awarding the Phase 2 construction contract to EC Constructors Inc. in the amount of $6,227,406. EC Constructors Inc. is currently an active licensed Class A, General Engineering Contractor and Class B, General Building Contractor (License No. 585677), and has performed similar work in the city. Their license status is current and active per the State of California Department of Consumer Affairs Contractor State License Board. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Adoption of the resolution will (1) award the Construction Phase (Phase2) of the Renovation of Fire Station 1, (2) amend the Infrastructure, Facilities, and Equipment Expenditure Plan, and (3) amend the FY 2023 CIP Program budget by appropriating $550,000 from the available balance of the Measure P Fund to GGV0252. The following is a summary of project costs: PROJECT COSTS A. Phase 2 Contract $6,227,406.00 B. Contingencies (Approx. 3%) $ 217,057.04 C. Construction Management $ 48,855.00 D. Staff time, Inspection, etc. $ 106,681.96 TOTAL $6,600,000.00 Page 168 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 4 FUNDING SOURCE (ROUNDED) A. Appropriations to Date: Measure P (GGV0252) $6,050,000.00 B. New Appropriation: Measure P (GGV0252) $ 550,000.00 TOTAL $6,600,000.00 ONGOING FISCAL IMPACT The Expenditure Plan anticipates that the one-half cent sales tax increase would generate approximately $186.3 million over the 10-year period. As part of the City’s annual budget process, annual allocations to the Measure P Sales Tax Fund would be brought forward for City Council consideration and action. Prior to City Council consideration of the City’s annual budget, staff will prepare and present to the Citizens’ Oversight Committee for its review a spending plan for Measure P revenues. ATTACHMENTS 1. Contractor’s Disclosure Statement. Staff Contact: Jonathan Salsman – Senior Civil Engineer, Engineering & Capital Projects Diana Bauer – Associate Engineer, Engineering & Capital Projects Page 169 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A DESIGN-BUILD AGREEMENT FOR THE CONSTRUCTION PHASE (PHASE 2) TO EC CONSTRUCTORS INC. FOR THE RENOVATION OF FIRE STATION 1 (CIP NO. GGV0252); AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN; AND AMENDING THE FISCAL YEAR 2022/23 CIP PROGRAM BUDGET THEREFOR WHEREAS, on November 8, 2016, Chula Vista voters approved Measure P authorizing a temporary ½ cent sales tax increase on retail sales within the City for a period of ten (10) years to address failing high priority infrastructure projects; and WHEREAS, Fire Station 1 has served the City since 1948 and needs renovation and modernization; and WHEREAS, on February 4, 2021, the Department of Engineering & Capital Projects issued a Request for Proposals (RFP) for the renovation of Fire Station 1 to a list of prequalified Design-Build entities in accordance with Chapter 2.57 of the Chula Vista Municipal Code; and WHEREAS, in accordance with section 2.57.030.C of the Chula Vista Municipal Code, it is intended that the project be completed in two contract phases: (1) a design and preconstruction phase, and (2) a final design and construction phase; and WHEREAS, on May 11, 2021, the City Council approved Resolution No. 2021-076 to enter into an agreement with EC Constructors, Inc. for the design and pre-construction services (Phase 1) of the Renovation of Fire Station 1 project; and WHEREAS, since the Phase 1 contract award, EC Constructors Inc. and City Staff have worked together to develop the design of the project; and WHEREAS, on November 29, 2022, bid packages for the Renovation of Fire Station 1 were advertised by EC Constructors Inc. and a Guaranteed Maximum Price (GMP) for the construction phase (Phase 2) of the project was submitted to the City; and WHEREAS, staff has reviewed the proposed GMP for the construction phase (Phase 2) of the Renovation of Fire Stations 1 Project (CIP NO. GGV0252) and recommends awarding the Phase 2 contract in the amount of $6,227,406 to EC Constructors, Inc.; and WHEREAS, EC Constructors, Inc. is currently an active licensed Class A, General Engineering Contractor and Class B, General Building Contractor, (License No. 585677), and has performed similar work in the City. Page 170 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it awards an agreement for the construction phase (Phase 2) of the “RENOVATION OF FIRE STATION 1 (CIP NO. GGV0252)” to EC Constructors, Inc. in the amount of $6,227,406. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves the amendment to the Infrastructure, Facilities, and Equipment Expenditure Plan. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it appropriates $550,000 from the available balance of the Measure P Fund to GGV0252. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the City Manager to execute the agreement, in a form approved by the City Attorney, and directs a copy of the agreement to be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Chu la Vista that it authorizes the City Engineer to approve change orders up to the remaining available CIP budget for project, “RENOVATION OF FIRE STATION 1 (CIP NO. GGV0252)”. Presented by William S. Valle, PE Director of Engineering & Capital Projects/City Engineer Approved as to form by Glen R. Googins City Attorney Page 171 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Renovation of Fire Station No. 1 In the City of Chula Vista, CA CIP: GGV0252 CITY OF CHULA VISTA DISCLOSURE STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. 2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a $2000 investment in the business (corporation/partnership) entity. 3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contractors you have assigned to represent you before the City in this matter. 5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista as it relates to this contract within the past 12 months? Yes No_____ None None None None X Page 172 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Renovation of Fire Station No. 1 In the City of Chula Vista, CA CIP: GGV0252 If Yes, briefly describe the nature of the financial interest the official** may have in this contract. 6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula Vista City Council? No __ Yes __ If yes, which Council member? 7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.) Yes No ____ If Yes, which official** and what was the nature of item provided? Date: _______________________________________ Signature of Contractor/Applicant _______________________________ _______________________________________ Name of Company, Firm or Entity Print or type name of Contractor/Applicant _______________________________________ Title * Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or any other group or combination acting as a unit. ** Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. X X 4/16/21 EC Constructors, Inc.James J. Summers President Page 173 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda v . 0 03 P a g e | 1 February 14, 2023 ITEM TITLE Legislative Platform: Approve the 2023/24 Legislative Platform Report Number: 22-0323 Location: No specific geographic location Department: City Manager Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the 2023-2024 Legislative Platform. SUMMARY The City coordinates and implements its Legislative Program with the assistance of Nielsen, Merksamer, Parrinello, Gross & Leoni, LLP, a professional advocacy firm in Sacramento to engage at the State level on legislative priorities and policies that advance City interests. The Legislative Platform (Platform) provides a foundation for the City of Chula Vista Legislative Program and serves as a framework to help Chula Vista engage and collaborate to advance its interests with California policy makers, agency representatives, industry leaders and others. The Platform is reviewed and updated periodically to ensure that City staff members have the direction needed to respond to legislative proposals in accordance with the City Council's priorities and preferences. Items covered by the Platform can be acted upon quickly by the Mayor or City Manager, or their designees, in order to respond to mea sures that might affect City operations, revenue resources, and other measures . Measures which are not covered by the Platform, but which are considered sufficiently significant to merit a response from the City, can be brought before the City Council for consideration and direction. The 2023-2024 Legislative Platform has been updated to conform to the California Legislature’s two-year session, reflects advocacy efforts and accomplishments from the 2021/22 Legislative Session, and includes new efforts identified by City staff. Page 174 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environm ental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In August of 2021, the City Council approved an agreement with Nielsen Merksamer Parrinello Gross & Leoni, LLP (Nielsen Merksamer) to perform State Legislative Advocacy Services and assist with implementation of the City’s Legislative Program (Program). The Legislative Platform provides a foundation for the Program and serves as a framework to help Chula Vista engage and collaborate to advance its interests with California policy makers, agency representatives, industry leaders and others. The City Manager implements the Platform that is reviewed and approved by City Council. The Platform is updated periodically to ensure that City staff members have the direction needed to respond to legislative proposals in accordance with the City Council's priorities and preferences. Items covered by the Platform can be acted upon quickly by the Mayor or City Manager, or their designees, in order to respond to measures that might affect City operations, revenue resources, and other measures. Measures which are not covered by the Platform, but which are considered sufficiently significant to merit a response from the City, can be brought before the City Council for consideration and direction. The Platform includes Guiding Principles, Legislative Priorities, and Policy Position Statements that allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. The 2023-2024 Legislative Platform has been updated to conform to the California Legislature’s two-year session, reflects advocacy efforts and accomplishments from the 2021/22 Legislative Session, and includes new efforts identified by City staff. Guiding Principles 1) Maintaining Local Control • Support efforts that preserve and protect our local authority to enact policy pertaining to local affairs. Oppose measures that seek to preempt local control without the occurrence concurrence of the City. Page 175 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 3 2) Promote Fiscal Responsibility • Support efforts that promote fiscal stability, predictability, and financial independence. Support efforts that preserve and promote the City’s revenue base. Oppose efforts that mandate costs with no guarantee of local reimbursement or offsetting benefit, and that shift local funds to the county, state or federal government, without offsetting benefits. 3) Promote Economic Development • Support efforts that are designed to provide local governments with the tools necessary to bolster economic development and efforts streamlining initiatives that would enhance our ability to attract and retain businesses as well as encourage business expansion and job retention. 4) Support Funding Opportunities • Support efforts that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support efforts that promote dedicated funding streams at the regional, state and federal levels allowing our City to maximize local revenues, offset and leverage capital expenditures, and maintain our goals and standards. Legislative Priorities 1. Secure an exemption from the Surplus Lands Act (AB 1486) for the Chula Vista University and Innovation District project. 2. Secure support and agreement with the State and the San Diego Association of Governments (SANDAG) to eliminate the toll-only operation of State Route 125. 3. Promote the ongoing development on the Chula Vista Bayfront including, but not limited to, creation and funding of open space, and parks and business development. 4. Secure state funding to allow the redevelopment of Harborside Park to incorporate community input and feedback and meet the needs of the surrounding community. 5. Assistance in obtaining Federal and State funds for Grade Separations at major railroad/transit crossings. Accomplishments from 2021/22 Legislative Session 1. Senator Ben Hueso secured $20 million for SANDAG to be dedicated to outstanding debt on the State Route 125 (SR-125) toll road, or South Bay Expressway (SBX). 2. Senator pro Tem Toni Atkins and Assemblymember David Alvarez secured $30 million to seed Phase 1 of the Chula Vista University Development through the funding of the Cinematic Arts Academic Center & Library project in partnership with San Diego State University. 3. Advocacy efforts defeated a proposed extension of the cardroom moratorium which expired in January 2023. More detailed information and Policy Position Statements can be found in the proposed 2023-2024 Legislative Platform (Attachment 1). With the continued growth of the City and planned development in the future, the proposed Platform is aimed at securing legislative policies and resources that will help the City manage this growth, fund critical Page 176 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda P a g e | 4 infrastructure needs, keep the City safe and maintain and enhance the quality-of-life residents have come to expect. 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 City Council previously approved the agreement with Nielsen, Merksamer Parrinello, Gross & Leoni, LLP (Resolution 2021-147) to implement the Legislative Platform. City Council further authorized the City Manager to execute up to four one-year extensions for a total amount not to exceed $400,000. City Manager extended the agreement for the current fiscal year in the amount of $70,000. Costs associated are included in the current FY2022/23 budget. ONGOING FISCAL IMPACT Future expenditures for legislative advocacy services will be included as part of the budget process for subsequent years. ATTACHMENTS 1. 2023-2024 Legislative Platform Staff Contact: Adrianna Hernandez, Special Projects & Legislative Manager, City Manager’s Office Anne Steinberger, Marketing and Communications Manager, City Manager’s Office Page 177 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2023-2024 LEGISLATIVE PLATFORM WHEREAS, the Legislative Platform (Platform) provides a foundation for the City of Chula Vista Legislative Program and serves as a framework to help Chula Vista engage and collaborate to advance its interests with California policy makers, agency representatives, industry leaders and others; and WHEREAS, the Platform is reviewed and updated periodically to ensure that City staff members have the direction needed to respond to legislative proposals in accordance with the City Council's priorities and preferences; and WHEREAS, items covered by the Platform can be acted upon quickly by the Mayor or City Manager, or their designees, in order to respond to issues or proposed legislation that could affect City operations, revenue resources, and other measures; and WHEREAS, measures which are not covered by the Platform but which are considered sufficiently significant to merit a response from the City, can be brought before the City Council for consideration and direction. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the 2023-2024 Legislative Platform, attached hereto as Exhibit A, a copy of which shall be kept on file in the Office of the City Clerk and authorizes the Mayor, the City Manager and their designees to respond to proposed legislation in accordance with the Legislative Platform. Presented by Approved as to form by Maria V. Kachadoorian Glen R. Googins City Manager City Attorney Page 178 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2 0 2 3 -2 0 2 4 L E G I S L A T I V E P L A T F O R M C I T Y O F C H U L A V I S T A , C A D R A F T Page 179 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Contents Overview of the City of Chula Vista .......................................................................................................... 1 Guiding Principles of Legislative Platform ................................................................................................ 2 2023-2024 Legislative Priorities ................................................................................................................ 3 2023-2024 Policy Position Statements ..................................................................................................... 6 Page 180 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 1 | P a g e Overview of the City of Chula Vista Incorporated in 1911, Chula Vista is the second largest city in San Diego County both in population and land area, with a population of 277,220 and land area of approximately 52 square miles. Chula Vista is a global leader in sustainability and embracing new technologies to enhance the safety and quality of life for its residents. It became a charter member of the International Council for Local Environmental Initiatives (ICLEI) in the early 1990s, completed a greenhouse gas inventory in 1996 and adopted its first CO2 reduction plan in 2000, making it the first city in San Diego County to adopt a climate action plan. It also has led the way with early action on developing transit-oriented neighborhoods, an innovative and sustainable plan to develop the Chula Vista Bayfront, and was one of the first cities in the nation to create a smart city plan to integrate technology to better serve and protect our residents and to ensure that City businesses and all City residents have universal access to high quality internet and technology. The cornerstone of meeting those goals is to establish a four-year university and an innovation district that will act as a regional economic engine to make Chula Vista and the South Bay a global hub for cinematic arts, green technology, emerging autonomous technology, and building a binational economy. This Legislative Platform provides a foundation for the City of Chula Vista Legislative Program to help Chula Vista advance its interests with California policy makers, agency representatives, industry leaders and others. This platform also is intended to be a living document that will be updated by staff periodically as circumstances and goals change but the foundation will focus on efforts to enhance our city and the quality of life for our residents. Page 181 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2 | P a g e Guiding Principles of Legislative Platform The Legislative Platform is a tool to protect, promote, and guide our City’s interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and broad policy statements allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. With the continued growth of the City and planned development in the future, the City’s Legislative Platform is aimed at securing legislative policies and resources that will help the City manage this growth, fund critical infrastructure needs, keep the City safe, and maintain and enhance the quality-of- life residents have come to expect. 1) Maintain Local Control • Support efforts that preserve and protect our local authority to enact policy pertaining to local affairs. Oppose measures that seek to preempt local control without the concurrence of the City. 2) Promote Fiscal Responsibility • Support efforts that promote fiscal stability, predictability, and financial independence. Support efforts that preserve and promote the City’s revenue base. Oppose efforts that mandate costs with no guarantee of local reimbursement or offsetting benefits, or that shift local funds to the county, state or federal government without offsetting benefits. 3) Promote Economic Development • Support efforts that provide local governments with the tools necessary to bolster economic development and efforts streamlining initiatives that would enhance our ability to attract and retain businesses as well as encourage business expansion and job retention. 4) Support Funding Opportunities • Support efforts that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support efforts that promote dedicated funding streams at the regional, state and federal levels allowing our City to maximize local revenues, offset and leverage capital expenditures, and maintain our goals and standards. Page 182 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 3 | P a g e 2023-2024 Legislative Priorities 1. Secure an exemption from the Surplus Lands Act (AB 1486) for the Chula Vista University and Innovation District project. For over 30 years, the City has persistently pursued the acquisition and development of two major employment centers, the 535-acre Chula Vista Bayfront Redevelopment project and the acquisition of almost 400 acres in the eastern area of the City for a new binational multi-institutional University and Innovation District project. AB 1486 (Ting), the Surplus Lands Act, enacted on January 1, 2021, has severely hampered our three decades of efforts to develop a University and Innovation District, as envisioned by the 2018 adopted Environmental Impact Report and Specific Plan Area. The bill has compromised the City’s ability to negotiate the development of a new self-sustaining model of education for South Bay and regional residents on property long set aside for this purpose by requiring affordable housing be prioritized for the entire site above the intended University and Innovation District uses. It is critical that AB 1486 (Ting) be amended to exempt the Chula Vista University and Innovation District project so we can pursue our efforts to create jobs and new educational opportunities for residents of the South Bay and the San Diego region. 2. Secure support and agreement with the State and the San Diego Association of Governments (SANDAG) to eliminate the toll-only operation of State Route 125. During the 2021-2022 Legislative session, Senator Ben Hueso secured $20 million for SANDAG to dedicate to the outstanding debt on the State Route 125 (SR-125) toll road, or South Bay Expressway (SBX). As the only tolled freeway in San Diego County, SBX toll road operations make it difficult to attract and retain employees and disproportionally affects lower income workers in the South Bay. Elimination of toll-only operations on the SBX will incentivize businesses to locate in Chula Vista and the South Bay region, an area long neglected. Early retirement of the SBX toll facility debt also will alleviate transportation congestion on the region’s freeways by more fully utilizing existing capacity along South Bay freeways and arterials during high commute times and reduce regional vehicle miles traveled (VMT) with the creation of employment centers in the surrounding South Bay region. Staff will continue to work with SANDAG, state agencies like Caltrans, and other stakeholders to achieve elimination of debt by as soon as 2027 and remove toll-only operations on the SBX. New Legislative Priorities • Promote the ongoing development on the Chula Vista Bayfront including, but not limited to, creation and funding of open space, parks, and business development. • Secure state funding to allow the redevelopment of Harborside Park to incorporate community input and feedback and meet the needs of the surrounding community. Page 183 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 4 | P a g e 3. Promote the ongoing development on the Chula Vista Bayfront including, but not limited to, creation and funding of open space, parks, and business development. Construction is underway on the Gaylord Pacific Resort and Convention Center, a catalyst project for the redevelopment of the 535-acre Chula Vista Bayfront. As envisioned in the Bayfront Master Plan, public access is a cornerstone of the development and that includes open space and new parks. The City will continue to seek funding opportunities to bring residents and visitors outdoor spaces to enjoy our Bayfront. Also important to the sustainability of the project is the creation of employment opportunities through the development of new businesses and expansion of existing businesses. Within the Bayfront masterplan area, Chula Vista has one long-established cardroom, Seven Mile Casino. Seven Mile contributes substantially to the local economy by providing jobs and generating hundreds of thousands of dollars in annual license revenues for the City. As Seven Mile continues to explore table growth to expand their business and redevelop their properties, and with the moratorium on table growth expiring in 2023, the City will advocate for the ability of local governments to authorize existing licensed cardrooms to expand the number of tables operated. 4. Secure state funding to allow the redevelopment of Harborside Park to incorporate community input and feedback and meet the needs of the surrounding community. In August of 2022, the City Council authorized a temporary closure of Harborside Park due to serious public health and safety concerns. The City’s ability to maintain the park for public use had become a tremendous challenge as the need for offering services to the unsheltered population continued to increase at the park. The proximity to Harborside Elementary, local businesses and the San Diego County Health and Human Services Agency made the need to address the increase in illicit behavior and criminal activity even more urgent. During the temporary closure, City staff has conducted an extensive outreach effort in the local community to learn about their needs and develop long-term solutions informed by their input. While input has been plentiful, one common theme and idea is consistently expressed. The community would like to have recreational opportunities in a safe environment like those offered at a recreation center. Currently there are no indoor facilities at Harborside Park. A recent example is the renovation of Loma Verde Recreation Center which can serve as the foundation for the design and planning of a recreational center at Harborside Park. State funding and support will allow the City to deliver a much- needed facility to a community that is eager for recreation but currently has limited access to local recreational facilities. Page 184 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 5 | P a g e 5. Assistance in obtaining State and/or Federal funds for Grade Separations at major railroad/transit crossings. With construction underway on the Bayfront project and more people coming to Chula Vista to enjoy our bayfront and to work and live in our city, mobility and the flow of people and goods to and from Chula Vista is becoming increasingly critical. Because of this, it is essential that we continue to expand and increase frequency of our public transit system. In order to do so, grade separations along the Blue Line Trolley are urgently needed at Palomar Street, F Street, H Street, and E Street. Palomar Street has been identified by SANDAG as vitally needed to reduce congestion in the western part of Chula Vista and was ranked in the top two most urgently needed grade separations within the entire MTS trolley system. The City already has invested over $3 million for planning and design of the Palomar Street grade separation project. Ideally, the state would provide funding to complete this project as it did for the City of San Diego for its trolley system at Park Boulevard and Harbor Drive grade crossings. Page 185 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 6 | P a g e 2023-2024 Policy Position Statements The following categories of policy position statements are broad and are not intended to be all- inclusive. They are intended to be used as a reference tool and guideline for the City’s advocacy efforts. Administrative Services General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act, conflict of interest, insurance, tort reform and open and transparent government. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them with cost effective, innovative, user friendly methods of communication • Support efforts to improve liability protection for governmental agencies and their personnel, minimize governmental exposure to frivolous lawsuits, and create policies that allow cities to equitably manage risks in providing services and maintaining city facilities- (newly added) • Support legislation and policies that clarify new conflict of interest and reporting requirements for elected officials- (newly added) Community Services General Area of Review: Parks, recreation, libraries, cultural arts, youth, community and human services programs. • Support funding efforts to construct or renovate parks and recreation facilities in aging/under resourced areas of the city • Support park bond measures that provide per capita and competitive grants for park and recreation facility development and renovation • Support funding for after-school art and recreational programs promoting the arts and physical exercise • Support funding for access opportunities for all residents to physical activity, proper nutrition and healthy lifestyle options • Support funding efforts to connect libraries to the same statewide, high-speed, broadband backbone for the K-12 system, UC, CSU and community colleges • Support fully funding the California Public Library Fund and eliminate financial penalties to municipal libraries experiencing budget reductions • Guarantee libraries the largest possible discount in rates for telecommunication services, internal connections, and Internet access Page 186 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 7 | P a g e • Support library bond measures that provide per capita and competitive grants for library facility construction and renovation • Support efforts to fund after-school library programs to provide safe options for students to study and engage in activities during critical afternoon hours • Support legislation that prohibits discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, age, disability, or immigration status Education and Economic Development General Area of Review: Education, innovation, employment creation, business attraction and retention and other efforts related to economic development. • Support legislative efforts to assist our city to attract businesses and industry that will advance responsible Economic Development to strengthen Chula Vista’s position as a national leader in embracing new technologies and environmental innovation • Secure legislative support and funding from the State of California to continue the development of Chula Vista’s University-Innovation District • Secure an exemption from the Surplus Lands Act (AB 1486) for the City’s University project • Promote local purchasing, hiring and workforce training that create quality career opportunities and living wages for the local workforce • Provide startup funding for economic development programs/partnerships • Fund extending advanced telecommunications, smart grid energy, sustainable water supply and transportation infrastructure that helps develop quality jobs in under resourced communities • Promote opportunities for public art funding and encourage programs that tie arts and culture to economic development • Strengthen and/or add tools to promote redevelopment of economically distressed areas Employee Relations General Area of Review: Labor relations, employee relations and other matters related to human resources. • Support efforts to protect and enhance cities’ ability to establish conditions of employment, including hours, wages, benefits, the meet-and-confer process, appeal procedures and management rights • Support efforts to reform the California Workers’ Compensation Program to reduce public costs • Oppose efforts for mandated binding arbitration in public employee disputes Page 187 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 8 | P a g e Environmental Quality General Area of Review: Air, water supply and water quality, climate change, California Environmental Quality Act (CEQA), integrated waste management, hazardous materials, coastal issues, and utilities. • Support programs and rate structures that expand access to solar and other clean energy technologies, particularly for renters and other under resourced community members • Support programs that provide incentives for energy and water saving upgrades • Support legislative efforts to strengthen San Diego Community Power, the City’s Community Choice Aggregation (CCA) program, to provide more affordable and clean electricity options • Create new and sustainable funding opportunities to support local habitat preservation, water conservation, water reuse and recycling efforts • Oppose new leases for oil/gas development in state-owned coastal waters off San Diego County • Oppose restrictions on local jurisdictions’ authority and ability to adopt environmental policies and codes exceeding state or federal standards • Reinforce local control of telecommunications, energy, and water services through franchise agreements or other mechanisms • Support reauthorization of the California Public Utilities Commission (CPUC) Public Goods Charge, and legislation that provides local funding to complement environmental and economic sustainability • Clean up Digital Infrastructure and Video Competition Act (DIVCA) legislation • Monitor for impacts on water quality standards and storm water discharge requirements (AB 377) • Promote smart growth incentive programs, reward agencies that promote sustainable practices such as energy conservation, renewable resources, green buildings and the reduction of CO2 emissions. • Develop new funding source to cover all additional Local Agency costs in order to comply with new State and Regional Water Quality Control Board Stormwater Permits since new permit requirements create unfunded mandates • Support legislation that eliminates regulatory and processing barriers for projects that enhance or restore biological habitats • Exempt stormwater fees from the restrictions of Proposition 218 Housing and Homeless Services General Area of Review: Land use, development, annexation, and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home, and sign regulations. • Support new affordable housing development opportunities and preservation of existing affordable housing Page 188 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 9 | P a g e • Support legislative efforts to enhance funding for homeless services, outreach, prevention, and assistance • Support City’s operations of a bridge shelter for unsheltered individuals • Support efforts to assist first-time home buyers and promote pathways to home ownership • Support opportunities for the development of workforce housing and permanent supportive housing and programs • Support equitable distribution of housing funds from regional, state, or federal agencies • Support efforts to preserve and enhance mobile home livability • Promote and facilitate funding for historic preservation • Support public health and age friendly livability initiatives • Support efforts that ensure major changes to Building, Energy or Accessibility code requirements are given enough time and resources for local government and industry training • Fund construction of needed infrastructure, parks, libraries, and other civic/public safety programs • Support legislation that preserves the authority of local agencies to regulate short-term rentals- (newly added) Public Safety General Area of Review: Law enforcement, fire and life safety, emergency communications, emergency services, disaster preparedness, and nuisance abatement. • Support efforts to reinstate Federal Community Oriented Police Services (COPS) and State Supplemental Law Enforcement Services Fund (SLESF) grant programs • Increase employment opportunities through the California Firefighter Joint Apprenticeship Program • Fund emergency preparedness measures, particularly those related to wildland fire and fund minimizing fuels in wildland interface areas • Support efforts to prohibit drone operations that prevent or interfere with firefighting efforts • Expand the availability of Automated External Defibrillator (AED) in higher occupancy structures • Support funding for activities that will reduce drowning incidents • Continue funding for "front-line" law enforcement for AB 109 compliance • Provide adequate resources to support public safety response to the mental health crisis involving the unsheltered population • Oppose efforts to allow unlicensed fire protection contractors to install fire protection systems • Oppose efforts to preempt local public safety ordinances • Oppose any efforts to impose upon police department the responsibility to enforce federal immigration laws • Support legislation that preserves local control over medical and adult-use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses- (newly added) Page 189 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 10 | P a g e Revenue and Taxation General Area of Review: Finance administration, taxation reform, general revenue, special revenue, and revenue sources at the federal, state, and local levels. • Provide grant distribution criteria that includes a per capita component in addition to merit-based programs • Oppose unfunded mandates and legislation that reduce local control or abridge home rule authority • Oppose any repeal of Gas Tax exemption for local agencies • Oppose efforts to preclude cities from collecting Utility Users Tax, including revenue on cellular or digital telephone use • Protect or enhance local government revenue resources including sales, property and use taxes, Citizens' Option for Public Safety (COPS), and Booking Fees • Support reducing the vote threshold for special use taxes and bonds from 66.6% to 55% • Support the establishment of a federal Marketplace Fairness Act and oppose any efforts to roll back the 2018 Wayfair decision • Oppose efforts to limit cities’ ability to impose franchise fees, taxes, etc., on cable or satellite television or other telecommunication operations and services • Advocate for the ability of local governments to authorize their existing licensed cardrooms to expand the number of tables they operate- (newly added) Transportation, Telecommunication and Public Works General Area of Review: Transportation, construction, telecommunications, and general public works related areas. • Support legislation that allows for opportunity to pay off bonds for SR 125 prior to 2043 provided capital, overhead costs and non-operating expenses can be minimized and toll revenues are allocated to debt service. • Support and promote transferring maintenance of SR 125 to Caltrans when SR 125 outstanding debt is paid off and toll-only access has ended • Support efforts to allow local agencies flexibility in complying with the Americans with Disabilities Act to provide the greatest benefit to the disabled population, and provide protection from third party lawsuits • Oppose elimination of Rule 20A Utility Undergrounding Program • Support efforts to fund programs to provide high-speed Internet to lower income residents • Support efforts for funding for priority infrastructure projects including drainage and other improvements to the storm drain system Page 190 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 11 | P a g e • Support efforts for funding the region’s top priority rail grade separation project on Palomar Street at Industrial Boulevard • Oppose any further restrictions on the use of multi-year renewable contracts • Support legislation to reduce municipal costs associated with Caltrans projects • Supports efforts (or legislation) that enhance traffic safety on city streets for all modes of transportation (AB 43) • Oppose efforts to preempt local authority with the goal of assisting the wireless industry in the expansion of broadband access by allowing access to City infrastructure including light poles, traffic poles, etc. While SB 556 purports to preempt local authority with the goal of assisting the wireless industry in the expansion of broadband access, it fails to set any requirements for the wireless industry to expand broadband facilities or close the digital divide • Support efforts to expedite disbursement of Proposition 84 funds to local governments • Support efforts to protect dedicated transportation and public transit funds • Support funding and legislation that encourages utilities undergrounding- (newly added) Page 191 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Item 7.1: Legislative Program Adrianna Hernandez, Special Projects & Legislative Manager Anne Steinberger, Marketing and Communications Manager Page 192 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda History FEBRUARY 2021 Conducted a Request For Proposals for State Legislative Advocacy AUGUST 2021 Selected Nielsen, Merksamer, Parrinello, Gross & Leoni, LLP to Implement City Strategic Advocacy Program 2Page 193 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Nielsen Merksamer Services 3 Implement strategic advocacy program and related activities to attain objectives of the City.Implement Review proposed, introduced, and amended legislation and its impact on the City.Review Facilitate meetings with state legislators, state agency representative, and others.Facilitate Identify and assist with potential funding opportunities for City services, projects, and programs. Identify & Assist Page 194 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2022 Legislative Session Accomplishments •$30 million state funding for the Cinematic Arts Academic Center & Library •$20 million state funding for SANDAG dedicated to SR-125 debt reduction •Legislation advocacy 4Page 195 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023-2024 Legislative Platform Page 196 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023-2024 Guiding Principles Maintain Local Control Promote Fiscal Responsibility Promote Economic Development Support Funding Opportunities 6Page 197 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023-2024 Legislative Priorities AB 837 (Alvarez): Surplus Lands Act Exemption for Chula Vista University and Innovation District Removal of Toll-Only Operation of SR-125 Chula Vista Bayfront Development Harborside Park Redevelopment/Homelessness Grade Separations at Major Railroad/Transit Crossings 7Page 198 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Advocacy Guidelines 8Page 199 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Coordination of Legislative Program 9 City Council Approves Legislative Platform City Manager Implements Legislative Program Legislation or Issues of Interest Referred to City Manager Office Issue is addressed in the Legislative Platform City Manager will coordinate and implement response. Issue is NOT addressed in Legislative Platform or Council direction Proposed legislation will be referred to Council for direction Page 200 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Roles & Responsibilities 10 Mayor & City Council •Establish legislative priorities •Meet with state and federal legislators •Work with external entities on policy concerns •Determine positions on resolutions proposed for adoption by the League of California Cities, and similar entities •Assume an active advocacy role with legislators •Mayor and/or City Manager author advocacy letters expressing City’s position on legislation City Manager •Ensure alignment of City actions on legislation with the Legislative Platform •Coordinate contacts and communications with legislators •Direct and oversee the City’s lobbyists, set priorities for action consistent with City Council direction •Prepare and/or sign advocacy letters expressing the City’s position on legislation •Coordinate, brief, and provide support to City Council members for visits with state and/or federal legislators City Departments •Inform the City Manager of policy issues of importance to the City and any specific bills that may impact the department •Evaluate proposed legislation that may affect the City •Suggest organizations, individuals, publications, and/or legislators who may be partners in advocating the City's position on certain legislation Page 201 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Advocacy Methods Calls to policymakers, their staff, or legislative committee staff Meeting with legislators and their staff, stakeholders, and other groups active on the same issue or bill Testifying at a committee hearing regarding the City’s position and/or concerns Building coalitions and partnerships with entities that advance the Legislative Program 11Page 202 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Recommended Action: Approve the 2023-2024 Legislative Platform Page 203 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2023-2024 LEGISLATIVE PLATFORM CITY OF CHULA VISTA, CA DRAFT Item 7.1 - Additional Information Revised Attachment 1/Exhibit A to Resolution Page 204 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda Contents Legislative Advocacy Guidelines ............................................................................................................... 1 Guiding Principles of Legislative Platform ................................................................................................ 5 2023-2024 Legislative Priorities ................................................................................................................ 6 2023-2024 Policy Position Statements ..................................................................................................... 9 Page 205 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 1 | P a g e Overview of the City of Chula Vista Incorporated in 1911, Chula Vista is the second largest city in San Diego County both in population and land area, with a population of 277,220 and land area of approximately 52 square miles. Chula Vista is a global leader in sustainability and embracing new technologies to enhance the safety and quality of life for its residents. It became a charter member of the International Council for Local Environmental Initiatives (ICLEI) in the early 1990s, completed a greenhouse gas inventory in 1996 and adopted its first CO2 reduction plan in 2000, making it the first city in San Diego County to adopt a climate action plan. It also has led the way with early action on developing transit-oriented neighborhoods, an innovative and sustainable plan to develop the Chula Vista Bayfront, and was one of the first cities in the nation to create a smart city plan to integrate technology to better serve and protect our residents and to ensure that City businesses and all City residents have universal access to high quality internet and technology. The cornerstone of meeting those goals is to establish a four-year university and an innovation district that will act as a regional economic engine to make Chula Vista and the South Bay a global hub for cinematic arts, green technology, emerging autonomous technology, and building a binational economy. This Legislative Platform provides a foundation for the City of Chula Vista Legislative Program to help Chula Vista advance its interests with California policy makers, agency representatives, industry leaders and others. This platform also is intended to be a living document that will be updated by staff periodically as circumstances and goals change but the foundation will focus on efforts to enhance our city and the quality of life for our residents. Legislative Advocacy Guidelines The purpose of the Legislative Advocacy Guidelines are to describe the City’s internal procedures related to federal, state, and local advocacy. Through the procedures described, potentially impactful federal, state, and local legislation is identified, analyzed, tracked, and the City’s position is communicated to legislators. Coordination of the Legislative Program Legislation and issues of interest are brought to the City’s attention through several means: League of California Cities, National League of Cities, Councilmembers, legislators, City staff, community members, and professional or governmental organizations. All legislation or issues of interest should be referred to the City Manager’s Office for analysis. Page 206 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 2 | P a g e The City Manager’s Office, in consultation with City staff, will review the proposed legislation, and determine the nature and extent of its potential impact on the city and develop an appropriate City response. Action can then proceed in either of two ways: 1. If the Council has previously adopted a position on the legislation through the existing Legislative Platform, the City Manager will coordinate and implement appropriate response. Council will be notified and kept updated on progress and issues. 2. If the legislation is not addressed by the existing Legislative Platform or by Council direction, the proposed legislation will be referred to Council for direction. Staff will place the item on a City Council agenda, including a specific bill number, if any, an analysis of the item, and a recommendation if warranted, for Council deliberation. Staff will follow the direction from Council related to the specific item. The Role of the Mayor and City Council The City Council has ultimate responsibility for determining the City’s position on legislative issues. The Council's specific responsibilities include: 1. Establish legislative priorities. 2. Meet with the City's state and federal legislative advocates as needed. 3. Work with external entities on issues of shared policy concerns. 4. Determine positions on resolutions proposed for adoption by the League of California Cities, the National League of Cities, and similar regional entities, as requested. 5. Assume an active advocacy role with legislators on behalf of the City. If travel is required, such travel will be consistent with current City travel policies. The Role of the City Manager The City Manager implements and coordinates the City's Legislative Program. The City Manager may designate a legislative liaison to assist with coordinating the Legislative Program. The responsibilities and activities of the City Manager include: 1. Ensuring alignment of city actions on legislation with the City’s Legislative Platform. 2. Coordinating contacts and communications with legislators and their staff. 3. With departmental assistance, evaluating proposed legislation that may affect the City. 4. Disseminating information on public policy items of interest to City departments. 5. Directing and overseeing the City’s lobbyists, including setting priorities for action that are consistent with City Council direction. Page 207 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 3 | P a g e 6. Preparing advocacy letters expressing the City’s position on legislation. The Mayor or City Manager may sign advocacy letters on behalf of the City. Copies of the communication will be distributed to the City Council. 7. Serving, as needed, as the liaison to stakeholder groups, legislative offices, and local jurisdictions concerning legislative activities. 8. Coordinating, briefing, and providing support to City Council members for visits with state and/or federal legislators, as needed. The Role of City Departments City Department participation is essential to the success of the Legislative Program. Departmental employees can provide technical assistance and unique insight into issues potentially impacting the City. Responsibilities of the departments include, but are not limited to: 1. Informing the City Manager, or designee, of policy issues of importance to the City and any specific bills that may impact the department 2. Designating key contacts within the department or division who are responsible for evaluating legislation and/or assisting with legislative analysis and advocacy letters 3. Suggesting organizations, individuals, publications, and/or legislators who may be partners in advocating the City's position on certain legislation Signatures on Legislative Communication Letters and other communications expressing the City's position will customarily bear the signature of the Mayor or City Manager. In order to keep the Council and others informed of all City communication on legislation, copies of the letters will be distributed to the City Council. Communication With Elected Officials From time to time, members of the City Council may meet with the City’s local, state, and/or federal representatives. These meetings are an important component of building legislative relationships and sharing issues of significance to Chula Vista. Any meetings or communication with local, state, or federal elected officials must be done in a coordinated way to ensure conformity with the approved Legislative Platform, consistency of messaging, accurate information and record keeping, and sharing of resources. Therefore, as a matter of best practice, any communication with a local, state, or federal elected official or legislative staff regarding the City’s Legislative Platform should be coordinated through the City Manager. Advocacy Methods Drafting position letters is one advocacy tool, best used in conjunction with others. The City Council, City Manager, and lobbyists may use any, or a combination of the below additional advocacy methods: 1. Calls to policymakers, their staff, or legislative committee staff 2. Meeting with legislators and their staff, stakeholders, and other groups active on the same issue or bill Page 208 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 4 | P a g e 3. Testifying at a committee hearing regarding the City’s position and/or concerns 4. Building coalitions and partnerships with entities that advance the Legislative Program Page 209 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 5 | P a g e Guiding Principles of Legislative Platform The Legislative Platform is a tool to protect, promote, and guide our City’s interests on priority issues and legislative/regulatory matters that may impact the City at the state and federal level. The guiding principles and broad policy statements allow City staff and legislative advocates to address legislative and regulatory issues in a timely and directed manner, without precluding City Council consideration of additional legislative matters arising throughout the year. With the continued growth of the City and planned development in the future, the City’s Legislative Platform is aimed at securing legislative policies and resources that will help the City manage this growth, fund critical infrastructure needs, keep the City safe, and maintain and enhance the quality-of- life residents have come to expect. 1) Maintain Local Control • Support efforts that preserve and protect our local authority to enact policy pertaining to local affairs. Oppose measures that seek to preempt local control without the concurrence of the City. 2) Promote Fiscal Responsibility • Support efforts that promote fiscal stability, predictability, and financial independence. Support efforts that preserve and promote the City’s revenue base. Oppose efforts that mandate costs with no guarantee of local reimbursement or offsetting benefits, or that shift local funds to the county, state or federal government without offsetting benefits. 3) Promote Economic Development • Support efforts that provide local governments with the tools necessary to bolster economic development and efforts streamlining initiatives that would enhance our ability to attract and retain businesses as well as encourage business expansion and job retention. 4) Support Funding Opportunities • Support efforts that allow the City to compete for its fair share of regional, state and federal funding including competitive grants and other funding programs. Support efforts that promote dedicated funding streams at the regional, state and federal levels allowing our City to maximize local revenues, offset and leverage capital expenditures, and maintain our goals and standards. Page 210 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 6 | P a g e 2023-2024 Legislative Priorities 1. Secure an exemption from the Surplus Lands Act (AB 1486) for the Chula Vista University and Innovation District project. For over 30 years, the City has persistently pursued the acquisition and development of two major employment centers, the 535-acre Chula Vista Bayfront Redevelopment project and the acquisition of almost 400 acres in the eastern area of the City for a new binational multi-institutional University and Innovation District project. AB 1486 (Ting), the Surplus Lands Act, enacted on January 1, 2021, has severely hampered our three decades of efforts to develop a University and Innovation District, as envisioned by the 2018 adopted Environmental Impact Report and Specific Plan Area. The bill has compromised the City’s ability to negotiate the development of a new self-sustaining model of education for South Bay and regional residents on property long set aside for this purpose by requiring affordable housing be prioritized for the entire site above the intended University and Innovation District uses. It is critical that AB 1486 (Ting) be amended to exempt the Chula Vista University and Innovation District project so we can pursue our efforts to create jobs and new educational opportunities for residents of the South Bay and the San Diego region. 2. Secure support and agreement with the State and the San Diego Association of Governments (SANDAG) to eliminate the toll-only operation of State Route 125. During the 2021-2022 Legislative session, Senator Ben Hueso secured $20 million for SANDAG to dedicate to the outstanding debt on the State Route 125 (SR-125) toll road, or South Bay Expressway (SBX). As the only tolled freeway in San Diego County, SBX toll road operations make it difficult to attract and retain employees and disproportionally affects lower income workers in the South Bay. Elimination of toll- only operations on the SBX will incentivize businesses to locate in Chula Vista and the South Bay region, an area long neglected. Early retirement of the SBX toll facility debt also will alleviate transportation congestion on the region’s freeways by more fully utilizing existing capacity along South Bay freeways and arterials during high commute times and reduce regional vehicle miles traveled (VMT) with the creation of employment centers in the surrounding South Bay region. Staff will continue to work with SANDAG, state agencies like Caltrans, and other stakeholders to achieve elimination of debt by as soon as 2027 and remove toll-only operations on the SBX. New Legislative Priorities •Promote the ongoing development on the Chula Vista Bayfront including, but not limited to, creation and funding of open space, parks, and business development. •Secure state funding to allow the redevelopment of Harborside Park to incorporate community input and feedback and meet the needs of the surrounding community. Page 211 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 7 | P a g e 3. Promote the ongoing development on the Chula Vista Bayfront including, but not limited to, creation and funding of open space, parks, and business development. Construction is underway on the Gaylord Pacific Resort and Convention Center, a catalyst project for the redevelopment of the 535-acre Chula Vista Bayfront. As envisioned in the Bayfront Master Plan, public access is a cornerstone of the development and that includes open space and new parks. The City will continue to seek funding opportunities to bring residents and visitors outdoor spaces to enjoy our Bayfront. Also important to the sustainability of the project is the creation of employment opportunities through the development of new businesses and expansion of existing businesses. Within the Bayfront masterplan area, Chula Vista has one long-established cardroom, Seven Mile Casino. Seven Mile contributes substantially to the local economy by providing jobs and generating hundreds of thousands of dollars in annual license revenues for the City. As Seven Mile continues to explore table growth to expand their business and redevelop their properties, and with the moratorium on table growth expiring in 2023, the City will advocate for the ability of local governments to authorize existing licensed cardrooms to expand the number of tables operated. 4. Secure state funding to allow the redevelopment of Harborside Park to incorporate community input and feedback and meet the needs of the surrounding community. In August of 2022, the City Council authorized a temporary closure of Harborside Park due to serious public health and safety concerns. The City’s ability to maintain the park for public use had become a tremendous challenge as the need for offering services to the unsheltered population continued to increase at the park. The proximity to Harborside Elementary, local businesses and the San Diego County Health and Human Services Agency made the need to address the increase in illicit behavior and criminal activity even more urgent. During the temporary closure, City staff has conducted an extensive outreach effort in the local community to learn about their needs and develop long-term solutions informed by their input. While input has been plentiful, one common theme and idea is consistently expressed. The community would like to have recreational opportunities in a safe environment like those offered at a recreation center. Currently there are no indoor facilities at Harborside Park. A recent example is the renovation of Loma Verde Recreation Center which can serve as the foundation for the design and planning of a recreational center at Harborside Park. State funding and support will allow the City to deliver a much- needed facility to a community that is eager for recreation but currently has limited access to local recreational facilities. Page 212 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 8 | P a g e 5. Assistance in obtaining State and/or Federal funds for Grade Separations at major railroad/transit crossings. With construction underway on the Bayfront project and more people coming to Chula Vista to enjoy our bayfront and to work and live in our city, mobility and the flow of people and goods to and from Chula Vista is becoming increasingly critical. Because of this, it is essential that we continue to expand and increase frequency of our public transit system. In order to do so, grade separations along the Blue Line Trolley are urgently needed at Palomar Street, F Street, H Street, and E Street. Palomar Street has been identified by SANDAG as vitally needed to reduce congestion in the western part of Chula Vista and was ranked in the top two most urgently needed grade separations within the entire MTS trolley system. The City already has invested over $3 million for planning and design of the Palomar Street grade separation project. Ideally, the state would provide funding to complete this project as it did for the City of San Diego for its trolley system at Park Boulevard and Harbor Drive grade crossings. Page 213 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 9 | P a g e 2023-2024 Policy Position Statements The following categories of policy position statements are broad and are not intended to be all- inclusive. They are intended to be used as a reference tool and guideline for the City’s advocacy efforts. Administrative Services General Area of Review: Elections, Ralph M. Brown Act, Public Records Act, Political Reform Act, conflict of interest, insurance, tort reform and open and transparent government. • Support legislation to allow alternative methods of meeting public notice requirements and enhancing them with cost effective, innovative, user friendly methods of communication • Support efforts to improve liability protection for governmental agencies and their personnel, minimize governmental exposure to frivolous lawsuits, and create policies that allow cities to equitably manage risks in providing services and maintaining city facilities- (newly added) • Support legislation and policies that clarify new conflict of interest and reporting requirements for elected officials- (newly added) Community Services General Area of Review: Parks, recreation, libraries, cultural arts, youth, community and human services programs. • Support funding efforts to construct or renovate parks and recreation facilities in aging/under resourced areas of the city • Support park bond measures that provide per capita and competitive grants for park and recreation facility development and renovation • Support funding for after-school art and recreational programs promoting the arts and physical exercise • Support funding for access opportunities for all residents to physical activity, proper nutrition and healthy lifestyle options • Support funding efforts to connect libraries to the same statewide, high-speed, broadband backbone for the K-12 system, UC, CSU and community colleges • Support fully funding the California Public Library Fund and eliminate financial penalties to municipal libraries experiencing budget reductions • Guarantee libraries the largest possible discount in rates for telecommunication services, internal connections, and Internet access Page 214 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 10 | P a g e • Support library bond measures that provide per capita and competitive grants for library facility construction and renovation • Support efforts to fund after-school library programs to provide safe options for students to study and engage in activities during critical afternoon hours • Support legislation that prohibits discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, age, disability, or immigration status Education and Economic Development General Area of Review: Education, innovation, employment creation, business attraction and retention and other efforts related to economic development. • Support legislative efforts to assist our city to attract businesses and industry that will advance responsible Economic Development to strengthen Chula Vista’s position as a national leader in embracing new technologies and environmental innovation • Secure legislative support and funding from the State of California to continue the development of Chula Vista’s University-Innovation District • Secure an exemption from the Surplus Lands Act (AB 1486) for the City’s University project • Promote local purchasing, hiring and workforce training that create quality career opportunities and living wages for the local workforce • Provide startup funding for economic development programs/partnerships • Fund extending advanced telecommunications, smart grid energy, sustainable water supply and transportation infrastructure that helps develop quality jobs in under resourced communities • Promote opportunities for public art funding and encourage programs that tie arts and culture to economic development • Strengthen and/or add tools to promote redevelopment of economically distressed areas Employee Relations General Area of Review: Labor relations, employee relations and other matters related to human resources. • Support efforts to protect and enhance cities’ ability to establish conditions of employment, including hours, wages, benefits, the meet-and-confer process, appeal procedures and management rights • Support efforts to reform the California Workers’ Compensation Program to reduce public costs • Oppose efforts for mandated binding arbitration in public employee disputes Page 215 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 11 | P a g e Environmental Quality General Area of Review: Air, water supply and water quality, climate change, California Environmental Quality Act (CEQA), integrated waste management, hazardous materials, coastal issues, and utilities. • Support programs and rate structures that expand access to solar and other clean energy technologies, particularly for renters and other under resourced community members • Support programs that provide incentives for energy and water saving upgrades • Support legislative efforts to strengthen San Diego Community Power, the City’s Community Choice Aggregation (CCA) program, to provide more affordable and clean electricity options • Create new and sustainable funding opportunities to support local habitat preservation, water conservation, water reuse and recycling efforts • Oppose new leases for oil/gas development in state-owned coastal waters off San Diego County • Oppose restrictions on local jurisdictions’ authority and ability to adopt environmental policies and codes exceeding state or federal standards • Reinforce local control of telecommunications, energy, and water services through franchise agreements or other mechanisms • Support reauthorization of the California Public Utilities Commission (CPUC) Public Goods Charge, and legislation that provides local funding to complement environmental and economic sustainability • Clean up Digital Infrastructure and Video Competition Act (DIVCA) legislation • Monitor for impacts on water quality standards and storm water discharge requirements (AB 377) • Promote smart growth incentive programs, reward agencies that promote sustainable practices such as energy conservation, renewable resources, green buildings and the reduction of CO2 emissions. • Develop new funding source to cover all additional Local Agency costs in order to comply with new State and Regional Water Quality Control Board Stormwater Permits since new permit requirements create unfunded mandates • Support legislation that eliminates regulatory and processing barriers for projects that enhance or restore biological habitats • Exempt stormwater fees from the restrictions of Proposition 218 Housing and Homeless Services General Area of Review: Land use, development, annexation, and incorporation, building standards, economic development, redevelopment and enterprise zones, mobile home, and sign regulations. • Support new affordable housing development opportunities and preservation of existing affordable housing • Support legislative efforts to enhance funding for homeless services, outreach, prevention, and assistance Page 216 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 12 | P a g e • Support City’s operations of a bridge shelter for unsheltered individuals • Support efforts to assist first-time home buyers and promote pathways to home ownership • Support opportunities for the development of workforce housing and permanent supportive housing and programs • Support equitable distribution of housing funds from regional, state, or federal agencies • Support efforts to preserve and enhance mobile home livability • Promote and facilitate funding for historic preservation • Support public health and age friendly livability initiatives • Support efforts that ensure major changes to Building, Energy or Accessibility code requirements are given enough time and resources for local government and industry training • Fund construction of needed infrastructure, parks, libraries, and other civic/public safety programs • Support legislation that preserves the authority of local agencies to regulate short-term rentals- (newly added) Public Safety General Area of Review: Law enforcement, fire and life safety, emergency communications, emergency services, disaster preparedness, and nuisance abatement. • Support efforts to reinstate Federal Community Oriented Police Services (COPS) and State Supplemental Law Enforcement Services Fund (SLESF) grant programs • Increase employment opportunities through the California Firefighter Joint Apprenticeship Program • Fund emergency preparedness measures, particularly those related to wildland fire and fund minimizing fuels in wildland interface areas • Support efforts to prohibit drone operations that prevent or interfere with firefighting efforts • Expand the availability of Automated External Defibrillator (AED) in higher occupancy structures • Support funding for activities that will reduce drowning incidents • Continue funding for "front-line" law enforcement for AB 109 compliance • Provide adequate resources to support public safety response to the mental health crisis involving the unsheltered population • Oppose efforts to allow unlicensed fire protection contractors to install fire protection systems • Oppose efforts to preempt local public safety ordinances • Oppose any efforts to impose upon police department the responsibility to enforce federal immigration laws • Support legislation that preserves local control over medical and adult-use cannabis businesses, and enhances and protects maximum local regulatory, land use, and enforcement authority in relation to such businesses- (newly added) Revenue and Taxation Page 217 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 13 | P a g e General Area of Review: Finance administration, taxation reform, general revenue, special revenue, and revenue sources at the federal, state, and local levels. • Provide grant distribution criteria that includes a per capita component in addition to merit-based programs • Oppose unfunded mandates and legislation that reduce local control or abridge home rule authority • Oppose any repeal of Gas Tax exemption for local agencies • Oppose efforts to preclude cities from collecting Utility Users Tax, including revenue on cellular or digital telephone use • Protect or enhance local government revenue resources including sales, property and use taxes, Citizens' Option for Public Safety (COPS), and Booking Fees • Support reducing the vote threshold for special use taxes and bonds from 66.6% to 55% • Support the establishment of a federal Marketplace Fairness Act and oppose any efforts to roll back the 2018 Wayfair decision • Oppose efforts to limit cities’ ability to impose franchise fees, taxes, etc., on cable or satellite television or other telecommunication operations and services • Advocate for the ability of local governments to authorize their existing licensed cardrooms to expand the number of tables they operate- (newly added) Transportation, Telecommunication and Public Works General Area of Review: Transportation, construction, telecommunications, and general public works related areas. • Support legislation that allows for opportunity to pay off bonds for SR 125 prior to 2043 provided capital, overhead costs and non-operating expenses can be minimized and toll revenues are allocated to debt service. • Support and promote transferring maintenance of SR 125 to Caltrans when SR 125 outstanding debt is paid off and toll-only access has ended • Support efforts to allow local agencies flexibility in complying with the Americans with Disabilities Act to provide the greatest benefit to the disabled population, and provide protection from third party lawsuits • Oppose elimination of Rule 20A Utility Undergrounding Program • Support efforts to fund programs to provide high-speed Internet to lower income residents • Support efforts for funding for priority infrastructure projects including drainage and other improvements to the storm drain system • Support efforts for funding the region’s top priority rail grade separation project on Palomar Street at Industrial Boulevard • Oppose any further restrictions on the use of multi-year renewable contracts • Support legislation to reduce municipal costs associated with Caltrans projects Page 218 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda 14 | P a g e • Supports efforts (or legislation) that enhance traffic safety on city streets for all modes of transportation (AB 43) • Oppose efforts to preempt local authority with the goal of assisting the wireless industry in the expansion of broadband access by allowing access to City infrastructure including light poles, traffic poles, etc. While SB 556 purports to preempt local authority with the goal of assisting the wireless industry in the expansion of broadband access, it fails to set any requirements for the wireless industry to expand broadband facilities or close the digital divide • Support efforts to expedite disbursement of Proposition 84 funds to local governments • Support efforts to protect dedicated transportation and public transit funds • Support funding and legislation that encourages utilities undergrounding- (newly added) Page 219 of 219 City of Chula Vista City Council February 14, 2023 Post Agenda