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2023/03/07 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, March 7, 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 March 7, 2023 Post Agenda Page 2 of 957 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office: - Cultural Arts Commission Ken Muraoka - Health Wellness and Aging Commission Marisol Edwan Mary Johnson - Housing and Homelessness Advisory Commission Paula Whitsell - Veterans Advisory Commission Tanya Williams 5.CONSENT CALENDAR (Items 5.1 through 5.10) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3, 5.5, 5.7 and 5.9 through 5.12. The headings were read, text waived. The motion carried by the following vote: 5.1 Approval of Meeting Minutes 11 RECOMMENDED ACTION: Approve the minutes dated: February 16 and 21, 2023 5.2 Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Request for Excused Absences 24 Councilmember Cardenas from the March 2, 2023 regular City Council workshop. RECOMMENDED ACTION: Consider requests for excused absences as appropriate. City of Chula Vista City Council March 7, 2023 Post Agenda Page 3 of 957 ITEMS REMOVED FROM CONSENT CALENDAR 5.4 Permit Processes and Regulations: Adopt an Ordinance Amending Various Sections of the Chula Vista Municipal Code to Streamline and Clarify Permit Processes and Regulations, Fix Outdated References, and Align with State Law (Second Reading and Adoption) 25 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: To adopt Ordinance No. 3544, heading read, text waived. The motion carried by the following vote: 5.5 Policy and Investment Report: Acknowledge Receipt of City Council Policy No. 220-01, Delegate Investment Activity Authority to the Director of Finance/Treasurer, and Accept the Investment Report for the Quarter Ending on December 31, 2022 223 Report Number: 23-0042 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution acknowledging receipt of City Council Policy No. 220-01 Investment Policy and Guidelines, delegating investment activity authority to the Director of Finance/Treasurer, and accepting the investment report for the quarter ending December 31, 2022. City of Chula Vista City Council March 7, 2023 Post Agenda Page 4 of 957 5.6 Grant and Donation Acceptance & Revenue Appropriation: Accept Grants and Donations to be Used for Costs Associated with Parks & Recreation Facilities and Programs and Appropriate Funds 266 Report Number: 23-0025 Location: Norman Park Senior Center, 270 F St; Parkway Community Center, 373 Park Way Department: Community Services – Parks and Recreation Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: To adopt Resolution No. 2023-025, heading read, text waived. The motion carried by the following vote: 5.7 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts in Departments; Revised Ordinance; Revised Compensation Schedule; and Updated Conflict of Interest Code 270 Report Number: 23-0048 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: A) Amending the Compensation Schedule and Classification Plan to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments; B) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective March 10, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; and C) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position titles of Building Official and Economic Development Manager. (First Reading) (4/5 Vote Required) City of Chula Vista City Council March 7, 2023 Post Agenda Page 5 of 957 5.8 Measure A Expenditure Plan and Appropriation: Amend the Measure A Public Safety Expenditure Plan to Fund Vehicles, Drone as First Responder Contractual Costs, and Counseling Services for the Police Department and Appropriate Funds Accordingly 360 Report Number: 23-0036 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: To adopt Resolution No. 2023-029, heading read, text waived. The motion carried by the following vote: 5.9 Grant Approval: Accept Grants from the California State Library Targeted State Grant Program for the Cinematic Arts Academic Center and Library’s Land and Construction Costs, and Authorize the City Manager or Designee to Negotiate and Execute Agreements 373 Report Number: 23-0052 Location: 1775 Millenia Avenue Department: Economic Development Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. RECOMMENDED ACTION: Adopt a resolution authorizing the acceptance of $30,000,000 in State funds to be allocated towards the Cinematic Arts Academic Center & Library’s Land and Construction Costs and authorizing the City Manager or designee to negotiate and execute the grant agreements once final for the California Targeted State Grant Program. City of Chula Vista City Council March 7, 2023 Post Agenda Page 6 of 957 5.10 Municipal Code Update: Ordinance Amending Chula Vista Municipal Code Section 2.04.050 Relating to Workshops 379 Report Number: 23-0063 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: Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.04.050 relating to workshops. (First Reading) 6.PUBLIC COMMENTS 384 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. 7.1 Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495 Melrose Avenue 389 Report Number: 23-0064 Location: 1495 Melrose Avenue Department: Development Services Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (“CEQA”) State Guidelines. RECOMMENDED ACTION: To adopt Resolution No. 2023-031, heading read, text waived. The motion carried by the following vote: 7.2 Development Agreement Amendment: Adopt an Amended Development Agreement for Otay Ranch Village Two 532 Report Number: 23-0054 Location: South of Olympic Parkway, north and east of the Otay Landfill, north of Otay Ranch Village 3, and east of La Media Road. Department: Development Services Environmental Notice: The Project was adequately covered by a previously certified Final Supplemental Environmental Impact Report (FSEIR 12-01) – SCH No. 20040912 for the Otay Ranch Village Two Sectional Planning Area (SPA). City of Chula Vista City Council March 7, 2023 Post Agenda Page 7 of 957 RECOMMENDED ACTION: To place the above ordinance on first reading, heading read, text waived. The motion was carried by the following vote: 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 8.1 Annual Report: Acceptance of Audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2022 and Update on General Fund Reserve Funds 608 Report Number: 23-0041 Location: No specific geographical location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting the audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2022, and update on City reserve funds. 8.2 Improvement District Annual Report: Approving the 2023 Annual Report for the Downtown Chula Vista Property-Based Improvement District 854 Report Number: 23-0058 Location: An approximately sixteen-block area along Third Avenue commercial corridor, bounded by E Street to the north, Church Avenue to the east, Landis Avenue to the west, and I Street to the south. The property-based business improvement district also includes one block on F Street where the City of Chula Vista central library and police station are located. Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the 2023 Annual Report for the Downtown Chula Vista Property-Based Improvement District. 9.CITY MANAGER’S REPORTS 9.1 Update on Harborside Park Outreach Efforts 901 City of Chula Vista City Council March 7, 2023 Post Agenda Page 8 of 957 *9.2 Consideration of City Sponsorship of $5,000 for the Day of the Child Event Hosted by the Chula Vista Community Collaborative to be Held on April 22, 2023, at Memorial Park in Chula Vista 906 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 consider City sponsorship of $5000 for the Day of the Child event. 10.MAYOR’S REPORTS 10.1 Ratification of Appointments to the FollowingCommissions:907 - Board of Library Trustees James Clark - Housing and Homelessness Advisory Commission Peter Carlseen Juliette Montoya Karla Pacheco - Sustainability Commission Raymundo Alatorre Crystal Fairley John Knox Hayley Salazar - Traffic Safety Commission Monica Becerra Firsht Rodney Caudillo Tim DeMarco - Veterans Advisory Commission Nimpa Akana 11.COUNCILMEMBERS’ COMMENTS 11.1 Deputy Mayor Preciado Consideration of formation of an ad-hoc subcommittee to consider matters related to the Welcoming City program. 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 March 7, 2023 Post Agenda Page 9 of 957 RECOMMENDED ACTION: To approve formation of an ad-hoc subcommittee, convening for 2-3 months, consisting of Deputy Mayor Preciado and Councilmember Cardenas to consider matters related to the Welcoming City program 12.CITY ATTORNEY'S REPORTS 13.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(1) Name of case: City of Chula Vista v. Amerisourcebergen Drug Corporation, et al., United States District Court, Case No. 19cv1115 BEN MSB. 14.ADJOURNMENT to the regular City Council meeting on March 28, 2023, at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista City Council March 7, 2023 Post Agenda Page 10 of 957 City of Chula Vista Special Meeting of the City Council Meeting Minutes February 16, 2023, 5:30 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, City Clerk Bigelow 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 special meeting of the City Council of the City of Chula Vista was called to order at 5:40 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL All City Councilmembers were present. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Fire Chief Smith led the Pledge of Allegiance. 4. WORKSHOP 4.1 California's Open Meeting Laws and Ethics Requirements: Training and Discussions on Transparency and Good Conduct for Public Officials in Compliance with AB1234 Mayor McCann gave opening remarks. City Attorney Googins, Deputy City Attorney McClurg, and City Clerk Bigelow gave a presentation on the item. Page 11 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-16 City Council Special Meeting Minutes Page 2 The following members of the public submitted written communications expressing a neutral position on the item: Nancy Relaford Robert Johnson The following members of the public submitted written communications related to the City's Welcoming City designation: Robert Johnson Citizen 5. ADJOURNMENT The meeting was adjourned at 8:44 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 12 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Regular Meeting of the City Council Meeting Minutes February 21, 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, 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 City Attorney Googins led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Senior Electronics Technician Olric Forde in Recognition of His Retirement and 24 Years of Service with the City of Chula Vista Mayor McCann read the proclamation and Councilmember Cardenas presented it to Senior Electronics Technician Forde. Councilmembers congratulated Senior Electronics Technician Forde and spoke of his accomplishments. 4.2 Presentation of a Proclamation to City Attorney Glen Googins Proclaiming February 22, 2023 as Glen Googins Day in the City of Chula Vista Mayor McCann read the proclamation and presented it to City Attorney Googins. Councilmembers offered departing comments and gratitude. Page 13 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.7) Item 5.4 was removed from the Consent Calendar at the request of a member of the public. Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3 and Items 5.5 through 5.12. The headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: February 14, 2023. 5.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consideration of Request for Excused Absences Consider request for excused absences as appropriate. No requests were received at that meeting. 5.5 Agreement: Approve an Exclusive Lease Listing Agreement w ith CBRE Group, Inc. for Millenia Lots 1 and 7 Adopt a resolution waiving the consultant selection process, approving the Exclusive Lease Listing Agreement with CBRE Group, Inc., and authorizing the City Manager to execute the agreement. Item 5.5 heading: RESOLUTION NO. 2023-017 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CITY’S CONSULTANT SELECTION PROCESS AND APPROVING AN EXCLUSIVE LEASE LISTING AGREEMENT WITH CBRE GROUP, INC. FOR MILLENIA LOTS 1 AND 7 Page 14 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 3 5.6 Agreement: Approve a Master License Agreements with Dish Wireless, LLC to Install and Operate Macro Cell Wireless Telecommunication Facilities on City Property The following members of the public submitted written documentation in opposition to the item, but did not wish to speak: Anna Barbara Todd Diana MJC Lois Minnie Lillie Cindy Olivia Adopt the resolution authorizing the City Manager to enter into a Master License Agreement with Dish Wireless, LLC to install and operate Macro Cell Wireless Telecommunications Facilities on City Property. Item 5.6 heading: RESOLUTION NO 2023-018 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MASTER LICENSE AGREEMENT WITH DISH WIRELESS, LLC TO INSTALL AND OPERATE MACRO CELL WIRELESS TELECOMMUNICATION FACILITIES ON CITY PROPERTY 5.7 Ratification of Appointment: City Manager’s Appointment of the Assistant City Manager – Tiffany Allen David Gonzales submitted written communications in opposition to staff's recommendation. Adopt a resolution ratifying the City Manager’s appointment of Tiffany Allen as Assistant City Manager. Item 5.7 heading: RESOLUTION NO. 2023-019 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF ASSISTANT CITY MANAGER – TIFFANY ALLEN ITEM REMOVED FROM THE CONSENT CALENDAR 5.4 City Elections: Adopt an Ordinance to 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 (Second Reading) John Acosta, Chula Vista resident, expressed concern regarding campaign contributions. Moved by Deputy Mayor Preciado Seconded by Mayor McCann Page 15 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 4 To adopt Ordinance No. 3543, heading read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.4 heading: ORDINANCE NO. 3543 OF THE CITY OF CHULA VISTA AMENDING VARIOUS SECTIONS OF CHULA VISTA MUNCIPAL CODE CHAPTER 2.52 TO ADJUST THE CAMPAIGN CONTRIBUTION LIMIT FOR ANY ELECTION HELD ON OR AFTER JANUARY 1, 2024. 6. PUBLIC COMMENTS Mary D, spoke in support of allowing clapping at City Council meetings and in opposition to a mileage tax. Brandon Claypool, Chula Vista resident, spoke in support of individuals experiencing homelessness. The following members of the public spoke in opposition to the tenant protection ordinance: Joseph Raso, Chula Vista resident Mary Raso, Chula Vista resident Deborah Schlemmer spoke in support of installing cameras in city parks. At the request of Deputy Mayor Preciado, there was a consensus of the City Council to make a referral to the City Manager to investigate a lighting and safety study in appropriate areas and make recommendations on how to respond to safety-related issues. City Manager Kachadoorian spoke of the City's efforts related to a Citywide technology proposal. John Acosta, Chula Vista resident, spoke in support of holding town hall meetings and regarding a gas tax. Zaneta Encarnacion spoke in support of the LGBTQ community and in opposition to hateful rhetoric. Michael Encarnacion spoke in support of the LGBTQ community and recognized City Attorney Googins for his service. Alan C. spoke in support spoke in opposition to affordable housing, tax, censorship, and other matters. Laura Wilkinson Sinton representing CV Amalgamated, spoke in support of Councilmember Cardenas recusing herself on cannabis-related matters. Page 16 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 5 The following members of the public submitted written communications regarding the City's Welcoming City designation: Francis X. Riley Rev. Tania Y Marquez Kathy Tell Nancy Relaford Carolyn Scofield Ian M. Seruelo Margaret Baker Pati Ruiz Jose Lopez Wendy Gelernter Pedro Rios Andrea Beth Damsky Lois K. Klepin Kathy Hardy 7. PUBLIC HEARINGS 7.1 Community Facilities District Annexation: Public Hearing and Election for Annexation of Property located at K Street and Third Avenue, known as Casa Estilo, into CFD 17-I Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Facilities Finance Manager Elliot gave a presentation on the item, she and Deputy City Manager Crocket and Kevin O'Neill responded to questions of the City Council. Mayor McCann opened the public hearing. The following members of the public spoke in opposition to staff's recommendation: Alan C. John Acosta Laura Mary D. submitted written communications in opposition to staff's recommendation. The following members of the public submitted written documentation in opposition to the item, but did not wish to speak: Anna Barbara Todd Diana MJC Lois Minnie Lillie Cindy Olivia Page 17 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 6 There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. City Clerk Bigelow announced that there were no registered voters within the territory proposed to be annexed within the Community Facilities District (CFD) and agreed to hold the special election for Annexation No. 2023-02 to CFD No. 17-I. Mayor McCann recessed the meeting at 6:54 p.m. The Council reconvened at 6:59 p.m., with all members present. City Clerk Bigelow canvassed the ballots and announced that there were two votes cast in favor of the annexation and that the proposition passed unanimously. Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez To adopt Resolution No. 2023-020 heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.1 heading: RESOLUTION NO. 2023-020 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION NO. 2023-02, AND ADDING SUCH TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) 7.2 Community Facilities District Annexation: Public Hearing and Election for Annexation of a Parcel located at Church Avenue and Davidson Street (Backhouse Apartments) Into CFD 17-I Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Facilities Finance Manager Elliott gave a presentation on the item. Mayor McCann opened the public hearing. Alan C. spoke in opposition to staff's recommendation. Page 18 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 7 The following members of the public submitted written documentation in opposition to the item, but did not wish to speak: Anna Barbara Todd Diana MJC Lois Minnie Lillie Cindy Olivia There being no members of the public who wished to speak, Mayor McCann closed the public hearing. City Clerk Bigelow announced that there were no registered voters within the territory proposed to be annexed within the Community Facilities District (CFD), and agreed to hold the special election for Annexation No. 2023-01 to CFD No. 17- I. She canvassed the ballots and announced that there was one vote cast in favor of the annexation and that the proposition passed unanimously. Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez To adopt a Resolution No. 2023-021, heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.2 heading: RESOLUTION NO. 2023-021 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), CERTIFYING THE RESULTS OF A SPECIAL ELECTION IN THAT TERRITORY DESIGNATED AS COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM), ANNEXATION NO. 2023-01, AND ADDING SUCH TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 17-I (WESTERN CHULA VISTA DIF FINANCING PROGRAM) 7.3 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 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. Page 19 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 8 Development Services Director Black and Sr. Planner Mallec gave a presentation on the item and responded to questions of the City Council. Mayor McCann opened the public hearing. Alan C. spoke in opposition to staff recommendation and in favor of transparency. The following members of the public submitted written documentation in opposition to the item, but did not wish to speak: Anna Barbara Todd Diana MJC Lois Minnie Lillie Cindy Olivia There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Gonzalez To place the below ordinance on first reading, heading read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.3 heading: ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.24 (REDEVELOPMENT AGENCY), TITLE 6 (ANIMALS), TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 14 (WATERCOURSES), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18 (SUBDIVISIONS), TITLE 19 (PLANNING AND ZONING), AND TITLE 21 (HISTORIC PRESERVATION) (First Reading) 8. ACTION ITEMS 8.1 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending December 31, 2022, and Appropriate Funds to Implement Required Budget Adjustments Finance Director Schoen and Budget Manager Prendell gave a presentation on the item and responded to question of the City Council. John Acosta, Chula Vista resident, spoke in support of the item. Page 20 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 9 Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2023-022, heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.1 heading: RESOLUTION NO. 2023-022 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022/23 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8.2 Appointment of Interim Acting City Attorney: Consider Approving a Contract with Lounsbery Ferguson Altona & Peak for Interim Acting City Attorney Services, and Appropriating Funds City Attorney Googins and the ad-hoc committee spoke regarding the item. Jim Scofield submitted written documentation in support of staff's recommendation but did not wish to speak. Moved by Mayor McCann Seconded by Councilmember Chavez To adopt a Resolution No. 2023-023, heading read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.2 heading: RESOLUTION NO 2023-023 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT BETWEEN THE CITY AND LOUNSBERY FERGUSON ALTONA & PEAK LLP (“LOUNSBERY FIRM”) FOR INTERIM ACTING CITY ATTORNEY SERVICES, AND APPROPRIATING FUNDS THEREFOR (4/5 Vote Required) 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann spoke regarding Ash Wednesday. 10.1 Ratification of Appointments to the Following Commissions: Paula Whitsell - Housing and Homelessness Advisory Commission Marisol Edwan - Health Wellness and Aging Commission Page 21 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 10 Mary Johnson - Health Wellness and Aging Commission Ken Muraoka - Cultural Arts Commission Tanya Williams - Veterans Advisory Commission Duaine Hooker - Veterans Advisory Commission Moved by Mayor McCann Seconded by Deputy Mayor Preciado Ratify the above appointments. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 11. COUNCILMEMBERS’ COMMENTS At the request of Deputy Mayor Preciado there was a consensus of the City Council to add an item to the next agenda to consider forming an ad-hoc subcommittee to look into issues related to the City's Welcoming City designation. Deputy Mayor Preciado spoke regarding inquires requesting City improvements and commended his staff for their responsiveness. 12. CITY ATTORNEY'S REPORTS 12.1 Brief Presentation of a Draft Campaign Contribution Ordinance Update and Council Consideration and Possible Action to Form an Ad-Hoc Subcommittee in Order to Finalize an Updated Ordinance for Future City Council Consideration City Attorney Googins spoke regarding the item and responded to questions of the City Council. Council discussion ensued. John Acosta, Chula Vista resident, submitted written documentation regarding the item, but was not present when called to speak. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To form an ad-hoc subcommittee of the City Council consisting of Mayor McCann and Councilmember Gonzalez to finalize an updated ordinance for future City Council consideration. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Page 22 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2023-02-21 City Council Regular Meeting Minutes Page 11 12.2 Farewell Remarks City Attorney Googins gave farewell marks. 13. ADJOURNMENT The meeting was adjourned at 8:36 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 23 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Memo To: Mayor and Councilmembers From: Andrea Cardenas, Councilmember CC: City Manager, City Clerk, City Attorney Date: 03/02/2023 Re: Request for Excused Absence Dear Colleagues, I respectfully ask for an excused absence for tonight’s City Council workshop due to personal health matters. Sincerely, Andrea Cardenas Councilmember District 4 Page 24 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 February 21, 2023 ITEM TITLE 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 Place an ordinance on first reading amending Chula Vista Municipal Code Title 2 (Administration and Personnel), Title 6 (Animals), Title 9 (Public Peace, Morals, and Welfare), Title 10 (Vehicles and Traffic), Title 12 (Streets and Sidewalks), Title 13 (Sewers), Title 14 (Watercourses), Title 15 (Buildings and Construction), Title 17 (Environmental Quality), Title 18 (Subdivisions), Title 19 (Planning and Zoning), and Title 21 (Historic Preservation). (First Reading) SUMMARY This item consists of proposed amendments to the Chula Vista Municipal Code (CVMC) while covering numerous topics. These updates will help streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law. ENVIRONMENTAL REVIEW The Director of Development Services reviewed the proposed legislative action for compliance with CEQA and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code Enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the Page 25 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On December 14, 2022, the Planning Commission voted 7-0-0 to adopt Resolution No. 2022-015 (Attachment 2), recommending that the City Council adopt an Ordinance approving the CVMC amendments, with the exception of the updates for Community Purpose Facilities (CPFs) and Family Day Care Homes. Staff will bring back an item to the Planning Commission at a future date regarding proposed changes to the language for CPFs. Family Day Care Homes has been added back into this item for Council consideration, as the CVMC must be revised to comply with applicable State Law. DISCUSSION Background Within the past five (5) years, as the amount and complexity of development has increased within the City, so has the list of long-awaited and high priority CVMC (“Code”) amendments needed to remain relevant, match the City’s growth and be compliant with State Laws. Recently, staff reconvened the Development Oversight Committee (“Oversight Committee”), to assist staff in identifying areas of the Code needing updates or revisions. These revisions aim to streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law. In 2009, the Oversight Committee was formed to work with staff to identify areas within the Development Services Department needing improvement and assist in the development of workable solutions. The Oversight Committee is comprised of developers, business owners, community organizations, engineers, architects, and contractors. The Oversight Committee met on a semi-regular but consistent basis from 2010 to 2017, and less frequently between 2017 and 2019 until completely curtailing during the COVID-19 pandemic. The Oversight Committee reconvened in August 2022 to provide feedback on the proposed Code amendments for this item. Moving forward, staff intends to address Code amendments and other work products on a semi-annual basis, while also engaging with and reconvening the Oversight Committee on a more consistent basis. Proposed Amendments A list of all proposed Code amendments can be found within Table 1. Each individual item is grouped into four (4) broader categories: Procedural, State Law Compliance, Land Use and Development, and Process Improvements. “Procedural” generally means revisions to procedures and/or formatting changes. This includes the following items: 1) outdated department/manager titles needing to be updated; 2) removing old committees which no longer exist; 3) adding new holidays to the City’s parking schedule; 4) consolidating section numbers to each Title 19 (Planning and Zoning) definition and creating one overall Code number; and 5) removal of outdated labels for specific population groups within Title 19 (Planning and Zoning). Page 26 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 “State Law Compliance” includes revisions for State Law compliance. Only one item at this time is proposed, pertaining to small and large family daycare homes. “Land Use and Development” broadly covers revisions within Title 19 (Planning and Zoning) to use or development standards. This includes the following items: 1) Massage Parlors; 2) Design Review Permit Requirement; 3) R-3 Zoning Designation Height Standards; and 4) Addition of new zoning-related definitions. “Process Improvements” means updates to existing processes for projects and/or permits. This includes the following items: 1) Scheduling of public hearings related to project appeals; 2) Short-Term Rental Permits; 6) enforcement/abatement of violations occurring within the public right-of-way (ROW). Table 1 – Proposed Municipal Code Amendments Procedural Topic Issue Solution CVMC Location Department and Director Title Changes Outdated Department names and Director/ Manager titles, specifically the Planning and Building Department and Director of Planning, still exist throughout the Code, primarily in Title 19 (Planning & Zoning). Revise the Department titles to Development Services Department, and, depending on the context, change titles to Director of Development Services and Zoning Administrator. Title 6 (Animals) Title 9 (Public Peace, Morals and Welfare) Title 12 (Streets and Sidewalks) Title 14 (Watercourses) Title 15 (Buildings and Construction) Title 17 (Environmental Quality) Title 19 (Planning and Zoning) Removal of CVRC and DRC The Chula Vista Redevelopment Corporation (CVRC) and Design Review Committee (DRC), City-created groups/committees that no longer exist, are still found in the Code. Remove references to CVRC and DRC from the Code. Title 10 (Administration and Personnel) Title 19 (Planning and Zoning) Page 27 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 Addition of Juneteenth Parking Holiday The Chula Vista City Council adopted the recognized Federal holiday of Juneteenth as a City Holiday at their regular meeting on June 14, 2022. It is not yet reflected in the City’s Parking Holiday Schedule. Adds Juneteenth Holiday as a recognized City Holiday for parking purposes. Title 10 (Vehicles and Traffic) Definition Section Numbers – Title 19 (Planning & Zoning) If additional definitions are added within Title 19 of the Code, there may be future conflicts with running out of number options. Remove section numbers for definitions within Title 19 and consolidate all definitions into one Code section. Title 19 (Planning and Zoning) Removal of Outdated Labels for Specific Population Groups Outdated language currently exists within Title 19 (Planning & Zoning), mis- labeling what now could be perceived as persons with disabilities in the context of nursing homes. Remove the label entirely, but keep the original intent of generally allowing a nursing home as an unclassified use. Title 19 (Planning and Zoning) State Law Compliance Topic Issue Solution CVMC Location Small & Large Family Day Care Homes State Senate Bill 234 specifies that both small and large family day care homes shall be treated as a single- family residential use. Therefore, discretionary approval shall no longer be required. Remove the discretionary permit requirement for both small and large family day care homes. Title 19 (Planning and Zoning) Land Use & Development Topic Issue Solution CVMC Location Massage Parlors The use is not listed as a permitted, conditionally permitted, or unpermitted uses anywhere within Title 19. Add Massage Parlors as a permitted by right use within the Commercial- Core (C-C) and Commercial- Thoroughfare (C-T) zoning designations. These zones were selected due to research indicating these Title 19 (Planning and Zoning) Page 28 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 5 businesses are primarily concentrated in the C-C and C-T zones. Design Review Permit Requirement A property owner of a legal non-conforming single- family dwelling in the R-3 zoning designation, who wishes to do a simple building addition, is required to go through a Design Review Permit (which would normally be a ministerial action). This is because a Permit is required for a modification of a structure within a multi- family zoning designation. Current Code language does not specify the type of structure (i.e.: single-family dwelling, duplex, dwelling – multiple, etc.) requiring a Design Review Permit. Clarify that the establishment, location, expansion or alteration of any multifamily structures in all multifamily residential zones requires a Design Review Permit. Title 19 (Planning and Zoning) R-3 Zone Height Standards A discrepancy was found within the height standards for the R-3 zoning designation, specifically the R-3-M, R-3-T and R-3-G sub- classifications. There is a discrepancy between the maximum story/building height the Planning Commission could approve, and the minimum story/building height allowed in the R-3-H sub- classification. In addition, the R-3-L sub- classification was missing from the height standards and now has been added to the height standards outlined for the R-3-H sub- classification. 1. Eliminate the story height standard entirely from the R-3 zone, to focus solely on building height. 2. Add the R-3-L sub- classification to the height standard outlined for the R-3-H sub-classification. Title 19 (Planning and Zoning) Page 29 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 6 Zoning Definition Additions An increasing number of industrial uses from the last five (5) years focus on: 1) the transfer/movement of good purchased on websites and smartphone applications such as Amazon; and 2) flexibility of businesses using large industrial buildings to store and/or sell manufactured goods. Additionally, it was recognized that no definitions exist for: 1) Interested Party, regarding the latter topic of project appeals; and 2) Self-Storage Facility. Add the following definitions to Title 19, to align with pre-existing and emerging business models/trends specifically in industrial zones, and, to address uses not defined within the Code: E-Commerce (Electronic Commerce). Fulfilment Center. Interested Party. Self-Storage Facility. Warehousing Facility. Warehousing, Logistics and Distribution Facility. Warehousing Sales, Retail. Title 19 (Planning and Zoning) Process Improvements Topic Issue Solution CVMC Location Scheduling and Timing of Public Hearings for Project Appeals Once a valid appeal application has been received, the City currently has to set the public hearing date within thirty (30) calendar days. Revise the process so that once a valid appeal application has been received, the City has thirty (30) calendar days to generally set the matter for public hearing. Additionally, that public hearing date shall occur within sixty (60) calendar days of receiving a valid appeal application. Title 10 (Vehicles and Traffic) Title 12 (Streets and Sidewalks) Title 13 (Sewers) Page 30 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 7 Title 14 (Watercourses Title 15 (Buildings and Construction) Title 17 (Environmental Quality) Title 18 (Subdivisions) Title 19 (Planning and Zoning) Title 21 (Historic Preservation) Short-Term Rental Permits Dwellings owned by active- duty military members who are deployed, sit vacant for months on end. They can instead be used to earn extra income for deployed families. Separately, causes to deny and/or issue a Short-Term Rental Permit, and, to modify, suspend, or revoke an issued Permit, are missing from this Chapter. Expand the Short-Term Rental Permit eligibility requirements to include active-duty military members to utilize their dwelling as a Short- Term Rental while on deployment. Add reasons to deny and/or issue a Short- Term Rental Permit, and, causes to modify, suspend, or revoke an issued Permit. Title 5 (Business Licenses, Taxes and Regulations) Enforcement/Abatement of Violations Within the Public ROW There is not enough clarity regarding City enforcement of violations within the public ROW area, and whether the responsibility falls either on Code Enforcement staff, or the Police Department. Change the enforcement responsibility to reflect that the Police Department primarily handles violations within the street public ROW area, and noise violations. Code Enforcement staff will Title 12 (Streets and Sidewalks) Title 19 (Zoning) Page 31 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 8 handle most private property violations, and also any that occur between the property line and curb area of the public ROW. The Oversight Committee was provided the draft Code amendments at their meeting on August 29, 2022, with final comments provided by September 9, 2022. After an in-depth discussion and conversation, specific feedback was given regarding public hearing dates for project appeals should occur no later than sixty (60) days from application filing, a higher maximum height standard for the R-3 zone, objective performance standards for large family daycare homes, and development standards for warehousing/distribution and self-storage uses. The first two items are reflected within this Code update. The two latter items will specifically be addressed in future Code updates. However, in general, the proposed draft revisions were met with support. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. ATTACHMENTS Attachment 1: City Council Ordinance Attachment 2: Planning Commission Resolution No. 2022-015 Attachment 3: Draft Amendment related to Department and Director Title Changes Attachment 4: Draft Amendment related to the removal of CVRC and DRC Attachment 5: Draft Amendment related to the addition of the Juneteenth Parking Holiday Attachment 6: Draft Amendment related to the removal of the Definition Section Numbers within Title 19 (Planning & Zoning) Attachment 7: Draft Amendment related to the removal of Outdated Labels for Specific Population Groups Attachment 8: Draft Amendment related to Small & Large Family Day Care Homes Attachment 9: Draft Amendment related to Massage Parlors Page 32 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 9 Attachment 10: Draft Amendment related to the Design Review Permit Requirements Attachment 11: Draft Amendment related to the R-3 Zoning Designation Height Regulations Attachment 12: Draft Amendment related to addition of new zoning-related definitions to Title 19 (Planning & Zoning) Attachment 13: Draft Amendment related to the Scheduling and Timing of Public Hearings for Project Appeals Attachment 14: Draft Amendment related to Short-Term Rental Permits Attachment 15: Draft Amendment related to Public ROW Enforcement Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 33 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 1 ORDINANCE NO. _________ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.24 (REDEVELOPMENT AGENCY), TITLE 6 (ANIMALS), TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 14 (WATERCOURSES), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18 (SUBDIVISIONS), TITLE 19 (PLANNING AND ZONING), AND TITLE 21 (HISTORIC PRESERVATION) WHEREAS, necessary amendments to the Chula Vista Municipal Code (“CVMC”) have been identified to help further streamline and clarify permit processes and regulations, fix outdated references, and comply with State Law; and WHEREAS, in 2009, the Development Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (“CEQA”) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment; and WHEREAS, the Planning Commission held an advertised public hearing on the subject Ordinance and voted 7-0-0 to adopt Resolution No. 2022-015, excluding Community Purpose Facilities and Family Day Care Homes, and thereby recommends that the City Council adopt the Ordinance; and WHEREAS, the City Council set the time and place for a hearing on the subject CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing. SECOND READING AND ADOPTION Page 34 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 2 NOW THEREFORE the City Council of the City of Chula Vista does hereby find and ordain as follows: The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC identified in this Ordinance No. ____ qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code enforcement processes and actions. The action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, the action will not have a significant effect on the environment. Section I. Revision of Outdated Department and Manager Titles. The Chula Vista Municipal Code is hereby amended as follows: 6.08.080 Kennels, catteries and pet shops – Permit prerequisites. No permit for the activities included in this chapter shall be valid unless it shall have has been certified by the Director of Development Services, Planning and Building or designee, as not being in conflict with ordinances and local regulations concerning planning and zoning. 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. A. Application for Conversion or Discontinuance. Prior to the approval of any rezoning, subdivision map, or the issuance of any permit, including a building permit, which would allow the use of any properties presently or hereinafter utilized for mobilehome or trailer parks to be used for any purpose other than a mobilehome or trailer park, or prior to the cessation of use of all or any part of a mobilehome or trailer park, an application to convert from such use or to discontinue must be filed with the Community Development Development Services Department. The requirements of this section shall be applicable whether or not the mobilehome or trailer park is: 1. Located within an exclusive mobilehome park zone; 2. Located within a zone subject to conditional use permit; or 3. Entitled to be used as a mobilehome or trailer park based on nonconforming rights. B. Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer park. SECOND READING AND ADOPTION Page 35 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 3 1. A relocation plan which shall make adequate provision for the relocation of the mobilehome or trailer owner/occupant who will be displaced by the discontinuance of the use of the property for a mobilehome or trailer park; 2. A profile of the existing park, including: a. Number of spaces, b. Names and addresses of all mobilehome or trailer owner/occupants, c. Date of manufacture of each home, d. Replacement value of each home, e. Estimated cost of relocation of each home, f. Length of tenancy of each mobilehome or trailer owner/occupant, g. Estimated income and age of each mobilehome or trailer owner/occupant; 3. A timetable for vacating the existing park; 4. Evidence satisfactory to the Community Development Director of Development Services, or designee, that agreements satisfying the relocation assistance requirements of this chapter have been offered to eligible mobilehome or trailer owner/occupants. Such evidence may include, but is not limited to, the following: a. Written agreements to relocate mobilehomes or trailers owned by low- and moderate-income mobilehome or trailer owner/occupants, b. Assistance for low- and moderate-income mobilehome or trailer owner/occupants in the form of payment by the park owner of 75 percent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within 100 miles; 5. Evidence that the park owner has informed all mobilehome or trailer owner/occupants in writing of alternative sites available to them; 6. Evidence that the park owner has agreed to purchase those homes of low- and moderate-income mobilehome or trailer owner/occupants which are determined to be not relocatable due to age and/or condition. Such purchases shall be based on standard insurance replacement criteria; 7. Evidence that the displaced residents have been provided right of first refusal to purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may be built on the subject property; SECOND READING AND ADOPTION Page 36 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 4 8. A narrative summary of planned new use of property to be converted or reason for non-use; 9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park owner has given the mobilehome or trailer owner/occupants a three-year notice to vacate, said notice being pursuant to Section 798.56(f) of the Civil Code. If such a three-year notice is given, the applicant must assist all low- and moderate-income displaced mobilehome or trailer owner/occupants in accordance with the following schedule: If Mobilehome or Trailer Owner/Occupant Vacates Before End of Portion of Expenses Paid by Owner Up to a Maximum of First year 75% $3,000 Second year 50% $2,000 Third year 25% $1,000 C. Submittal to and Decision of the Community Development Director of Development Services, or designee. All of the above application information shall be submitted to the Community Development Director of Development Services, or designee. The Community Development Director of Development Services, or designee, shall make hisa decision in the following manner: 1. If the Community Development Director of Development Services, or designee, determines that the application is complete and conforms with all regulations, policies and guidelines, and that the relocation plan or other commitments by the park owner mitigate the impact of conversion or discontinuance on the health, safety and general welfare of persons residing in the mobilehome or trailer park, he shall grant the application for conversion. 2. If the Community Development Director of Development Services, or designee, determines that the application is not complete or it does not conform with all regulations, policies and guidelines, or that the relocation plan or other commitments by the park owner do not mitigate the impact of conversion or discontinuance on the health, safety or general welfare of persons residing in the mobilehome or trailer park, he shall deny the application for conversion. 3. The Community Development Director of Development Services, or designee, may establish the date on which the resolution of conversion or discontinuance will become effective. Such date shall not be more than three years from the date of decision of the Community Development Director of Development Services, or designee, or such earlier date as the applicant has complied with the provisions of an SECOND READING AND ADOPTION Page 37 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 5 approved relocation plan and submitted evidence thereof to the Community Development Director of Development Services, or designee. 4. In granting or denying the application for conversion or discontinuance of the mobilehome or trailer park, the Community Development Director of Development Services, or designee, shall make a written finding in rendering the decision and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth herein. 5. A copy of this written finding of facts shall be filed with the City Clerk and the Director of Development ServicesPlanning and Building, or designee, and shall be mailed to the applicant and to the mobilehome or trailer owner/occupants of the mobilehome or trailer park. 6. The decision of the Community Development Director of Development Services, or designee, shall be final on the fifteenth day following the mailing of the decision to the applicant and the mobilehome or trailer owner/occupants required in subsection (C)(5) of this section, except when appeal is taken to the City Council as provided in subsection (D) of this section. D. Appeal from the Decision from the Community Development Director of Development Services, or designee. 1. An appeal from the decision of the Community Development Director of Development Services, or designee, on an application for conversion or discontinuance of a mobilehome or trailer park may be taken to the City Council within 15 days following the decision of the Community Development Director. The appeal may be taken by the applicant, any governmental body or agency, any owner of real property located within the City or any resident of the City. The appeal shall be in writing on a prescribed form and filed with the City Clerk. The appeal shall specify wherein there was an error in the decision of the Community Development Director of Development Services, or designee. If an appeal is filed within the time specified, it shall automatically stay proceedings in the matter until a determination is made by the City Council. 2. Upon the filing of the appeal, the Community Development Director of Development Services, or designee, shall set the matter for public hearing before the City Council at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of this code. Notice of time and place and purpose of such hearing shall be given as follows: a. By at least one publication in the official newspaper of the City, not less than 10 days prior to the date of the hearing; SECOND READING AND ADOPTION Page 38 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 6 b. By mailing notices at least 10 days prior to the date of such hearing to the mobilehome or trailer park owner and to all mobilehome or trailer owner/occupants of the mobilehome or trailer park. 3. Upon the hearing of the appeal, the City Council may by resolution affirm, reverse or modify in whole or in part any determination of the Community Development Director of Development Services, or designee, subject to the same limitations as are placed upon the Community Development Director of Development Services, or designee, by law and the provisions of this code. The resolution must contain a finding of fact showing wherein the proposed development meets or fails to meet the requirements herein. 4. The decision of the City Council shall be final unless appealed to a court of competent jurisdiction. E. Waiver. The Community Development Director of Development Services, or designee, may recommend to the City Council the acceptance of other mitigating actions by the park owner in lieu of the specific provisions herein if extreme economic hardship would result for the park owner, or if other proposed mitigating actions have recommending benefit. F. Notification Requirements. In addition to any notification requirements under the California Civil Code, the following notification requirements shall apply to any application for conversion or discontinuance of mobilehome or trailer park use: 1. A minimum of 10 calendar days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehome or trailer owner/occupant of the mobilehome or trailer park of the proposed change. Such notice shall be subject to the prior approval of the Community Development Director of Development Services, or designee. 2. No public hearing required hereunder to consider an application for conversion or discontinuance of a mobilehome or trailer park use shall be held unless and until the applicant submits to the Community Development Director of Development Services, or designee, an affidavit approved as to form by the City Attorney declaring that the applicant has given the notice required by this provision. G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or trailer parks shall be deemed to be a misdemeanor subject to the penalties as established by state law for misdemeanors. In addition thereto, any mobilehome or trailer owner/occupant in a mobilehome or trailer park where conversion to other uses or discontinuance has been sought or accomplished, and in which violations of the terms and provisions of this chapter have occurred, may seek civil remedies for damages in accordance with the relocation provisions contained herein, no later than one year from the date of lease cancellation or eviction from the mobilehome or trailer park. SECOND READING AND ADOPTION Page 39 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 7 Section 10.84.035 Citation authority. The Director of Development Services (or designee)Planning and Building Director, code enforcement officers and other employees designated by the Director of Development ServicesPlanning and Building Director shall have the authority to enforce Chapters 10.52, 10.84 and 19.62 CVMC by issuing written notice of the violation. Section 12.48.040 Existing buildings – Occupant duty to obtain number. It shall be the duty of the lessee, occupant, or owner of any existing building to obtain the proper building number from the Director of Planning and Building and to place this number on said building within 30 days from July 18, 1969. Section 12.48.050 New bBuildings – Occupant to place number on building when. It shall be the duty of the lessee, occupant or owner of any new building to place the number assigned by the Director of Development Services, or designee,Planning and Building on said building on or before the day final inspection is made by the Building Inspector. Section 12.48.060 Enforcement – Notice required – Occupant compliance required. A. If the Director of Development Services, or designee,Planning and Building finds any building upon which the proper number has not been properly placed as required by this chapter, theyhe may order the applicant, lessee, occupant or owner to obtain and properly place such number within 10 days. B. The posting of a notice upon the entrance door of such building shall meet the requirements of this section for legal service of such notice or order. C. It shall be the duty of the lessee, occupant and/or owner of said building to comply with said order. Section 12.50.020 Authority. California Penal Code Section 556 provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the right-of-way has received the lawful permission of the City by permit and in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Development Services, or designee, Planning and Building or his or her designee to receive applications and fees, issue permit stickers, and monitor the temporary placement of portable signs. SECOND READING AND ADOPTION Page 40 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 8 Section 12.50.040 Permit issuance. A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign shall be placed within any portion of the public right-of-way without first being issued a temporary public right-of-way sign permit from the City of Chula Vista. To obtain a permit, the requestor/permittee shall: 1. Complete and sign an application form as required by the Director of Development Services, or designee Planning and Building. 2. Indemnify and hold the City, its officers, employees, and representatives harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the permittees, agents, employees, or other persons acting on the permittees’ behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit. 3. Provide proof of and maintain in force policies or certificates of insurance, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, and shall name the City of Chula Vista as additional insured. Lapse of valid insura nce shall immediately render void any permit issued pursuant to this section. 4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign. B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred. Section 13.04.010 Definitions. K. “Grease pretreatment device” shall mean a device conforming to the Uniform Plumbing Code requirements for grease interceptors and/or grease traps approved by the Director and the Director of Development Services, or designee,Planning and Building and designed to remove grease from wastewater before it enters the building sewer. Section 14.18.250 Duties of the Planning Director of Development Services. The duties and responsibilities of the Planning Director of Development Services, or designee, shall include, but not be limited to, assuring that the General Plan is consistent with floodplain management objectives in this chapter. SECOND READING AND ADOPTION Page 41 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 9 Section 15.18.040 Section 201.1 amended to remove designation of Assistant Director of Planning and Building from the Building Official. Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies in Chula Vista, shall read as follows: Section 201.1 Administration. The building official is hereby authorized and directed to enforce all the provisions of this code. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. Section 15.18.050 Section 205.1 amended to reclassify the designation of Assistant Director of Planning and Building to Building Officials within the Board of Appeals. Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a board of appeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy. The building official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council. The board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation de emed necessary to govern construction, use and occupancy of structures in the city of Chula Vista. Section 15.20.025 Section 201.1 amended to remove the designation of Assistant Director of Building and Housing from the Building Official. Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as follows: SECOND READING AND ADOPTION Page 42 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 10 Section 201.1 Authority. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purpose, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. Section 15.20.035 Section 203.1 amended to remove the designation of Assistant Director of Building and Housing from the Building Official, regarding serving as Advisor to the Housing Advisory and Appeals Board. Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 203.1 General. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby established a board of appeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy of residential structures. The building official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council. The board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the city of Chula Vista. SECOND READING AND ADOPTION Page 43 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 11 Section 15.38.040 Subsection (a) of Section 104.1 amended to reclassify the designation of Assistant Director of Planning and Building to Building Official within the Board of Appeals. Subsection (a) of Section 104.1 of the Urban-Wildland Interface Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 104.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy. The building official and the fire marshal shall be ex-officio members who shall not be entitled to vote. The building official shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the mayor and confirmed by the city council. The Board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the Board shall be processed in accordance with the procedures as may be prescribed by the City Attorney of the City of Chula Vista. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures, in the City of Chula Vista. Section 15.04.017 Other required permits. Prior to the City’s issuance of a land development permit or clearing and grubbing permit, the applicant shall show compliance with a habitat loss and incidental take (HLIT) permit issued pursuant to Chapter 17.35 CVMC, for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and are within: A. Development areas outside of covered projects, as defined by CVMC 17.35.030; B. Seventy-five (75) to 100 percent conservation areas, as defined by CVMC 17.35.030; or C. One hundred (100) percent conservation areas, as defined by CVMC 17.35.030. Prior to the City’s issuance of a land development permit or clearing and grubbing permit for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and are within the development areas of covered projects, as defined by CVMC 17.35.030, the applicant shall show compliance with all applicable provisions of previous project entitlements issued by the City and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea plan, as determined by the Director of Development Services Planning and Building or designee. SECOND READING AND ADOPTION Page 44 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 12 Prior to the City’s issuance of a land development permit or clearing and grubbing permit for areas that will result in impacts to wetlands or to listed noncovered species, as defined by CVMC 17.35.030, the applicant shall obtain, and show compliance with, all applicable federal and/or state permits. Section 15.04.060 Landscaping and irrigation system. All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said plan shall be prepared in accordance with the City landscape manual and shall be approved by the City landscape architect, and the Director of Development Services Planning and Building or designee, as necessary. Section 15.04.100 Building construction – Land development permit required – Prerequisite to building permit. A. An owner of land desiring to do land development work incidental to and in connection with the construction of a building or structure shall present an application and obtain a land development permit or clearing and grubbing permit. The City Engineer may require an on-site field inspection of the rough grading phase of the work between representatives of the City’s Development Services Department Engineering, Planning and Building Departments and the permittee; civil engineer; soil engineer; biologist, as defined by CVMC 17.35.030; and engineering geologist, as appropriate, before the issuance of a building permit. The permittee shall request a field inspection of the rough grading phase, if required, five working days prior to the inspection. The rough grading phase of the land development work described on form PW-E-106B shall be completed prior to the issuance of a building permit except as provided below. The City may suspend any building permit where it is found that land development work is being done or has been done without a land development permit or clearing and grubbing permit until a land development permit or clearing and grubbing permit is issued. The City may not certify to the completion of the building where land development work has been done until a land development permit is obtained and certified as complete. Section 15.04.140 Completion of work – Final reports. E. A final biology report, if determined necessary by the Director of Development ServicesPlanning and Building or designee, which includes an assessment of the impacts on sensitive biological resources affected by the land development work. Section 15.04.145 Notification of completion. The permittee shall notify the City Engineer when the land development work is ready for final inspection. HeThey shall also notify the City Landscape Architect and the Director of Development ServicesPlanning and Building, or designee, when planting and irrigation are completed. Final approval shall not be given until all work, including installation of all drainage structures and facilities, sprinkler irrigation systems, planting and all protective devices, has been completed and any required planting established and all as-built plans SECOND READING AND ADOPTION Page 45 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 13 and reports have been submitted. The City Engineer may accept in writing the completion of all work, or any portion of the work, required by the permit issued in accordance with this chapter and thereupon accept said work or portion thereof. Section 15.04.150 Exemptions from applicability designated. D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or basins which are authorized by appropriate permits obtained from the Development Services DepartmentPlanning and Building Department; K. Clearing and grubbing in an area located entirely within a mapped development area, as defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the Director of Development ServicesPlanning and Building, or designee, that no sensitive biological resources, as defined by CVMC 17.35.030, exist; Section 15.04.155 Contractor – Qualifications required. Every person doing land development work shall meet such qualifications as may be determined by the City Engineer and/or Director of Development Services, or designee,Planning and Building to be necessary to protect the public interest. The City Engineer and/or Director of Development Services, or designee, sPlanning and Building may require an application for qualification which shall contain all information necessary to determine the person’s qualifications to do the land development work. Section 15.04.180 Private contract performance bond – Required when – Issuance conditions generally. Persons performing private contract work under a permit issued in accordance with this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the owner or his agent, or both, as principal in accordance with the provisions codified in this section through CVMC 15.04.215. The performance bond/bonds shall be issued by a surety company authorized to do business in the state and shall be approved as to form by the City Attorney. The bond/bonds shall be in favor of the City and shall be conditioned upon the completion, free of liens, of the work authorized by the permit in accordance with the requirements of this chapter and the conditions prescribed by the permit. Slope planting and irrigation bonds will be separate from the performance bond requirements for appurtenant structures and grading. They will be held with the Development Services Departmentin the office of the Director of Planning and Building until satisfactory compliance with landscaping and irrigation has been accepted. SECOND READING AND ADOPTION Page 46 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 14 Section 15.04.270 Permits – Application – Detailed plans and specifications required. 11. An erosion control plan as may be required by the City Engineer, or, the Director of Development Services, or designeePlanning and Building. Section 15.04.305 Fees – To be doubled in certain cases – Effect of imposition. In the event that land development work is commenced without a land development or clearing and grubbing permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee, in such instance, shall then be the normally required permit fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from fully complying with the requirements of this chapter in the performance of the work. Such fee shall defray the expense of enforcement of the provisions of this chapter in such cases. When land development work commences without a permit and results in damage to sensitive biological resources, as defined by CVMC 17.35.030, restoration requirements (including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Development Services, or designee,Planning and Building and the full cost of the restoration shall be borne by the property owner. When land development work is inconsistent with a permit issued pursuant to Chapter 17.35 CVMC and results in damage to sensitive biological resources, as defined by CVMC 17.35.030, restoration requirements (including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Development Services, or designee,Planning and Building and the full cost of the restoration shall be borne by the property owner. The payment of such fees or penalties as described above shall not prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41 CVMC, or other federal or state law. Section 17.35.030 Definitions. “Biologist” means a person meeting the qualifications as established by the Director of Development Services, or designee,Planning and Building and approved by the same. At a minimum, the person shall have at least a four-year college degree in biology, zoology, botany, wildlife management, or other closely related field, with at least two years’ experience conducting field investigations in San Diego County. “Project area” means an area considered for development and shall include the entire contiguous land under the same ownership or like property interest, or in the case of development proposed by a public agency, the area required for development as determined by the Director of Development Services, or designeePlanning and Building. SECOND READING AND ADOPTION Page 47 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 15 17.35.060 Application for HLIT permit. A. General Submittal Requirements. The following are general submittal requirements for all HLIT permits: 1. Submit a completed application form to the City of Chula Vista Development Services DepartmentPlanning and Building Department – planning division. 3. For project areas located in 100 percent conservation areas, 75 to 100 percent conservation areas, development areas outside of covered projects with indicators or the presence of narrow endemic species or wetlands, or as otherwise deemed necessary by the biological survey as determined by the Director of Development ServicesPlanning and Building, or his/her designee, the applicant shall prepare and submit an opportunities and constraints analysis to evaluate the proposed development and its relationship to the sensitive biological resources. The opportunities and constraints identified shall be used to determine the portions of the project area that are most suitable for development and those that should be conserved for biological purposes. The opportunities and constraints analysis shall include: d. Map of the project area at a suitable scale, which includes and clearly delineates, to the satisfaction of the Director of Development Services, or designeePlanning and Building, the following information: 4. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application. (B)(1)f. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application. (C)(1)f. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application. Section 17.35.070 Permit process. B. The HLIT permit may be approved, approved with conditions, or denied by the Director of Development ServicesPlanning and Building, or his/her designee, without a public hearing in accordance with CVMC 19.14.030, in the following circumstances: C. For all other HLIT permit applications, the Director of Development ServicesPlanning and Building or, and or his/her designee, may approve, conditionally approve, or deny such permit at a public hearing noticed in accordance with CVMC 19.14.180. The decision Director of Planning and Building decision may be appealed to the City Council in accordance with CVMC 19.14.110 and 19.14.130. SECOND READING AND ADOPTION Page 48 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 16 Section 17.35.080 Required findings for issuance of an HLIT permit. (C)1. Prior to issuance of a land development permit or clearing and grubbing permit, the project proponent will be required to obtain any applicable state and federal permits, with copies provided to the Director of Development ServicesPlanning and Building, or his/her designee. Section 17.35.110 Mitigation. (A)4. Mitigation for permanent impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be required at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time and the MSCP implementation guidelines. (B)2. Mitigation for impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, and the MSCP implementation guidelines. (C)2. Mitigation for permanent impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, and the MSCP implementation guidelines. Section 17.35.140 Emergencies. A. If the emergency work involves only temporary impacts to sensitive biological resources, a HLIT permit is not required, provided the sensitive biological resources are restored to their natural state in accordance with a revegetation plan approved by the Director of Development ServicesPlanning and Building, or his/her designee. The revegetation plan shall be submitted to the City within 60 days of completion of the emergency work. SECOND READING AND ADOPTION Page 49 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 17 Section 17.35.180 Local coastal program. Prior to issuance of an HLIT permit for any project located within the Chula Vista local coastal plan (LCP) area, the applicant shall obtain a determination of project consistency with the Chula Vista LCP from the Director of Development Services, or designeePlanning and Building. If the project cannot be deemed consistent with the LCP, an LCP amendment must be completed prior to issuance of the HLIT permit. Section 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not directionary. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as his/her, or, its representative or agent. Section 19.14.270 Procedures for enforcing conditional use permits and variances. (C)3. A general explanation of the matter to be considered including the nature of the recommendation by the Director of Development Services,Planning Director’s or their designee recommendation; Section 19.14.577 Precise plan approval – Modifications of the precise plan. Requests for modifications shall be submitted to the Development Services Director in written form and shall be accompanied by the required filing fee(s) and such additional maps, statements or other information as may be required to support the modification. If the proposed modification is deemed by the Development Services Director to be insignificant in nature, the changes may be approved by the Director subject to the filing of a written report to the Planning Commission and City Council. If, in the opinion of the Director of Development Services, or designeePlanning, the proposed changes are significant in scope, the applicant will be notified within 10 days of the written request that a new application and hearing will be required. SECOND READING AND ADOPTION Page 50 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 18 Section 19.14.830 Initiation application process. C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Division of the Planning Department and shall apply to all applications submitted. Section 19.28.160 Landscaping. All landscaping in the R-3 zone shall conform to the requirements as specified in the landscaping manual of the City and as approved by the Director of Development Services,Planning or designee. Section 19.30.150 Landscaping. All landscaping in the C-O zone shall conform to the requirements as specified in the landscape manual and approved by the Director of Development Services, or designeePlanning. Any parking visible from the street shall be screened with an appropriate screen not less than four feet in height or a masonry wall of three and one-half feet in height. Section 19.34.210 Landscaping. The site shall be landscaped in conformance with the landscape manual of the City, and approved by the Director of Development ServicesPlanning or designee. Section 19.36.090 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City and approved by the Director of Development Services or designeePlanning. Section 19.38.080 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development ServicesPlanning or designee. Section 19.40.080 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development Services or designee.Planning. SECOND READING AND ADOPTION Page 51 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 19 Section 19.46.120 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development Services or designee.Planning. Section 19.48.040 Application – General development plan required – Contents required. (B)(6)d. Where recreational facilities are proposed to be located in CPF land use districts, a CPF master plan is required. The master plan shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than one GDP as deemed appropriate by the Director of Planning and BuildingDirector of Development Services, or designee); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the planned community’s sectional planning area (SPA) plan and into the general development plan (GDP) if the CPF master plan involves more than one SPA plan. The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC 19.48.090 and 19.48.130. Section 19.48.090 Sectional planning areas and sectional planning area plans – Requirements and content. (C)1. A site utilization plan of the sectional planning area at a scale of one inch equals 200 feet minimum or as determined by the Director of Development Services, or designee Planning. The plan shall extend a minimum of 300 feet beyond the boundaries of the sectional planning area and show the following: Section 19.52.020 Permitted uses – Approval required – Application – Planning Commission and City Council action. B. An application for approval shall be filed with the Planning Department in a manner prescribed by the Planning Commission and shall contain sufficient data and information to assure a full presentation of the proposed use and the type of improvements and structures to be constructed. The Director of Development Services, or designee,Planning shall, at the earliest possible date, forward the application to the Planning Commission and thereafter to the City Council. Failure of the Planning Commission and the City Council to act on said application within 20 days of the submission date shall be deemed approvedal of the application as submitted. The Planning Commission and the City Council may approve, conditionally approve, or disapprove such applications. No continuance or extension of time beyond the periods set forth herein shall be permitted except upon the stipulation of the applicant. SECOND READING AND ADOPTION Page 52 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 20 Section 19.56.230 H hillside modifying district – Method for computing average natural slope – Formula. Using a scale and contour interval deemed appropriate by the Director of Development Services, or designeePlanning, the applicant shall show the boundaries of his site, proposed land uses and acreages of each land use, and the average natural slope of the residential acreage of the site, using the following formula: Section 19.58.042 Carnivals and circuses. D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as established by the fire marshal including inspection prior to opening. Security guards as required by the Police Department shall be provided. Uniformed parking attendants are to be determined by the Traffic Engineer. The number of sanitary facilities shall be as determined by the Development Services Department of Planning and Building. All electrical installations shall be inspected and approved by the Development Services Department of Planning and Building. Section 19.58.055 Auctions of vehicles, heavy machinery and equipment. E. All areas shall be properly paved, striped and improved to City standards, and screened to the satisfaction of the City Engineer and the Director of Development Services, or designee)Planning. Section 19.58.090 Club, country – Golf course. C. Swimming pools, tennis courts, and the like shall be located not less than 25 feet from any property line, and when adjoining property in an R or C zone, shall be effectively landscaped, subject to the approval of the Director of Development Services or designeePlanning and Building. Section 19.58.130 Dwelling groups. J. Development proposed on existing natural topography having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the Director of Development Services Planning or designee, who shall consider whether such development will adversely affect adjacent properties or development. N. The development shall be subject to site plan and architectural approval of the Director of Development Services or designee Planning. Section 19.58.142 Electrical generating facilities. (B)12. All development shall be subject to site plan and architectural approval through the Director of Development Services or designee. SECOND READING AND ADOPTION Page 53 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 21 Section 19.58.178 Hazardous waste facilities. D. Notice of Intent To Apply – Application for a Land Use Decision – Completeness of Application. 1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and (b), at least 90 days before filing an application for a conditional use permit for a hazardous waste facility, the applicant shall file with the Planning Department and with the Office of Permit Assistance in the State Office of Planning and Research a notice of intent (NOI) to make the application. The NOI shall be on such form as approved by the Director of Development Services, or designeePlanning, and shall specify the project location to which it applies, and contain a complete description of the nature, function, and scope of the project. 5. Within 30 days of the filing of the NOI, the applicant shall schedule a preapplication conference with the Planning Department to be held not later than 45 days thereafter, at which time the applicant and the Planning Department shall discuss information and materials necessary to evaluate the application. Within 30 days after this meeting, the Director of Development Services, or designee,Planning shall inform the applicant, in writing, of all submittals necessary in order to deem the conditional use permit application complete. 6. The applicant may not file an application for a conditional use permit unless the applicant has first complied with the above items, and presented the required application fee. Furthermore, said application shall not be considered and acted upon until it is deemed complete as provided by CVMC 19.14.070, and until all materials necessary to evaluate the application as set forth by the Director of Development Services, or designee,Planning pursuant to subsection (D)(5) of this section have been received and accepted as to content. Section 19.58.320 Tract office, temporary. B. If alterations are needed in the initial conversion from a house to a temporary office, the following shall be done: a $250.00 penal bond shall be filed with the City Clerk to assure said work will be completed. Upon a recommendation from the Director of Development Services, or designeePlanning and Building or his authorized deputy, hethey shall approve or reject the final alteration work. Section 19.58.330 Trailers. B. It is unlawful to use a trailer, excluding commercial coach units, as a business office in any zone; except, that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more mobilehomes, motor homes, campers or travel trailers for watchmen, supervisory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the Director SECOND READING AND ADOPTION Page 54 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 22 of Development Services, or designee, Planning and Building of the City after an application, in writing, is submitted by the general contractor specifying: Section 19.58.340 Recycling and solid waste storage. A. All subdivisions or any new construction requiring a building permit and costing more than $20,000 to construct (“qualifying project”) shall include adequate, accessible, and convenient areas dedicated for the accumulation, temporary storage and removal of designated recyclables and solid waste. These recycling and solid waste areas shall be enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the Director of Development Services, or designee, Planning to adequately screen the area, built to standards adopted by the City for a freestanding wall (No. 4 steel and fully grouted) and shall be designed to accommodate the containers used by the recycling and solid waste service company contracted with the City. A wooden enclosure may be substituted for a wall in the C-O zone and multiple-family zones by the Development Services Director of Development Services, or designee. D. The precise location of any recycling and solid waste area shall be approved by the Director of Development Services, or designee,Planning upon review of the site plan. Recycling and solid waste areas shall be accessible and convenient to both the occupants and franchise hauler and shall only be used for the temporary storage, collection and loading of solid waste and recyclables. Section 19.58.350 Commercially zoned double frontage lots. B. A six-foot-high decorative masonry wall shall be constructed across the entire width of the parcel at a minimum of 10 feet behind the edge of the sidewalk or as otherwise designated by the Zoning Administrator. The design of the wall shall be uniform throughout the area in which located, and such design shall be subject to the approval of the Director of Development Services, or designeePlanning. C. The area between the wall and the edge of the sidewalk shall be permanently landscaped. Such landscaped area shall be provided with an automatic irrigation system and shall be permanently maintained and kept free of debris. A landscape plan shall be submitted to the Development Services Director of Development Services, or designee, for approval prior to any planting. F. If new or enlarged commercial development occurs adjacent to the existing dwelling units which face a local street, a fence separating the property shall also be constructed on the side lot line, the length of such fence to be determined by the Development Services Director of Development Services, or designee. Such a fence may be of wood construction. SECOND READING AND ADOPTION Page 55 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 23 Section 19.58.370 Outside sales and display – Permanent and temporary. (B)(1)i. Only merchandise customarily sold on the premises shall be considered for temporary outside sales and display; provided, that all other requirements of this section are met, the Director of Development Services, or designee, shall make an exception for temporary holiday sales (e.g., Christmas tree and pumpkin patch lots). Section 19.58.400 Recreational vehicle storage yards. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Development Services Director of Development Services, or designee. Section 19.60.060 Definitions. “Director” means the City of Chula Vista Director of Development Services, or such Director’s designee.Planning and Building or such Director’s designee. Section 19.60.810 Processing of applications. B. Completeness. The Zoning Administrator shall determine whether the application contains all the information and items required by this chapter. If it is determined that the application is not complete, the applicant shall be notified in person or in writing within 30 days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall then have 30 calendar days to submit additional information to render the application complete; failure to do so within the 30-day period shall render the application void. Within 30 days following the receipt of an amended application or supplemental information, the Planning Director, or designee, shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete (the “application date”). F. Decisions. Where an application is denied by the Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, the applicant shall be informed in writing of the changes necessary in order to approve the application. If the applicant chooses to amend the application to reflect said changes, the Zoning Administrator shall grant the permit within 30 days of when a complete and conforming application is submitted. SECOND READING AND ADOPTION Page 56 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 24 I. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director or their designee’s written notice of determination shall specify the grounds for such denial. J. Revocation or Cancellation. The Director, or designee, shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days’ opportunity to cure. Section 19.66.030 Applicability and scope of provisions. Only those uses specified in the industrial zones as subject to performance standards, and uses accessory thereto, are subject to performance standards review procedures specified in this chapter in obtaining a zoning permit, unless either the Building Inspector, or, the Director of Development Services, or designee,Planning has reasonable grounds to believe that any other proposed use, regardless of zone, is likely to violate performance standards, in which event the applicant shall comply with the performance standards procedures. Section 19.68.030 Exterior noise limits. (A)3. Where doubt exists when making identification of receiving land use, the Director of Development Services, or designee,Planning and Building may make an interpretation. Section 19.68.070 Exceptions. B. Any person seeking exceptions pursuant to this section shall file an application with the Director of Development Services, or designeePlanning and Building. The application shall be submitted and processed in the same manner as conditional use permits. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Section 19.68.078 Enforcement. B. Environmental Noise. 1. Classification of Environmental Noise. The enforcement officer shall determine that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to CVMC 19.68.020, is an environmental noise. The enforcement officer may use Appendix A in CVMC 19.68.090, as an aid in making such determinations. The Director of Development Services, or designee,Planning and Building may make determinations classifying noise sources not specifically mentioned in Appendix A. SECOND READING AND ADOPTION Page 57 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 25 2. Responsibility. The Planning and Building Director of Development Services, or designee, shall be responsible for investigation and enforcement of environmental noise disturbances. 3. Guidelines. The Planning and Building Director of Development Services, or designee, may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this chapter pertaining to noise violations. C. Nuisance Noise. 1. Classification of Nuisance Noise. The Chief of Police shall determine that any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to CVMC 19.68.020, is a nuisance noise. The Chief of Police may use Appendix A as an aid in making such determinations. At the request of the Chief of Police, the Director of Development Services, or designee,Planning and Building may make determinations for classifying nuisance noise sources not specifically mentioned in Appendix A. Section 19.69.090 Financial assurances for reclamation. E. Revisions to financial assurances shall be submitted to the Director of Development Services, or designee,Planning and Building each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. Section 19.69.110 Modification to approved surface mining operation. An approved conditional use permit, reclamation plan, or any conditions thereof, may be revised or modified in the same manner as provided for a new application, including the requirement for environmental impact review. Requests for minor modifications may be submitted to the Director of Development Services, or designeePlanning and Building. If in the Director’s sole determination the requested modification is in substantial conformance with approved plans, the Director may approve said modification. Section II. Removal of Committees No Longer in Existence. The Chula Vista Municipal Code is hereby amended as follows: 2.24.030 Implementation of Redevelopment Agency functions in designated areas by Chula Vista Redevelopment Corporation. In accordance with Chapter 2.55 CVMC, and notwithstanding any provision of this chapter, the Chula Vista Redevelopment Corporation shall carry out those duties of the Redevelopment Agency as set forth in CVMC 2.55.050 and 2.55.060 within those geographic areas of the City that the City Council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. (Ord. 3009 § 1, 2005). SECOND READING AND ADOPTION Page 58 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 26 Section 19.14.020 Zoning Administrator – Creation of position – Authority. A. In order to relieve the Planning Commission, the Historic Preservation Commission or Chula Vista Redevelopment Corporation, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. Section 19.14.070 Conditional use permit – Application – Fee – Public hearing. B. In the case of hazardous waste facilities as defined in CVMC 19.04.107, applications for conditional use permits or modifications thereto shall be made pursuant to CVMC 19.58.178, and shall be considered by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, with a recommendation to be forwarded to the City Council for final review and action. The requirements of CVMC 19.14.090 shall apply to both the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, recommendation and the City Council resolution, with the following modifications: (B)2. The decision of the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, shall constitute a recommendation only, and shall neither be a final decision nor subject to appeal. Section 19.14.080 Conditional use permit – Prerequisites for granting. After the public hearing, the Zoning Administrator, or as the case may be, Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, may, by resolution, grant a conditional use permit if it finds from the evidence presented at said hearing that all of the following facts exist: Section 19.14.090 Conditional use permit – Public hearing procedure – Finding of facts. Not more than 10 business days following the decision, the decision maker, whether Zoning Administrator, or Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, shall make a written finding specifying the acts relied upon in rendering said decision, fully setting forth the facts and circumstances that fulfill or fail to fulfill the requirements of this section and CVMC 19.14.080, and, in situations where approval was granted, the conditions and safeguards deemed necessary and desirable for such approval. A copy of this written finding of facts shall be filed with the Development Services Director and mailed to the applicant. The decision shall become final on the eleventh day following the decision, except where appeal is taken as provided herein. SECOND READING AND ADOPTION Page 59 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 27 Section 19.14.260 Conditional use permit or variance – Time limit for utilization – Void when – Extensions – Validity. C. Application for an Extension. Prior to the expiration of a permit, the appropriate decision maker, whether the Zoning Administrator, or the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, whichever heard the original application, may grant an extension of time contained in a then-current and valid variance or conditional use permit without a public hearing upon written request of the property owner; provided, that: Section 19.14.270 Procedures for enforcing conditional use permits and variances. (H)2. If the permitting authority is the Planning Commission or Chula Vista Redevelopment Corporation, an appeal shall be filed with the City Council; Section 19.20.040 Conditional uses. The following uses shall be permitted in the A zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.22.040 Conditional uses. The following uses shall be permitted in the R-E zone,; provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.24.040 Conditional uses. The following uses shall be permitted in the R-1 zone;, provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.26.040 Conditional uses. The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020. SECOND READING AND ADOPTION Page 60 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 28 Section 19.28.040 Conditional uses. The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.34.030 Conditional uses. The following uses shall be permitted in the C-N zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.36.030 Conditional uses. The following uses shall be permitted in the C-C zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.38.030 Conditional uses. The following uses shall be permitted in the C-V zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.40.030 Conditional uses. The following uses shall be permitted in the C-T zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.42.040 Conditional uses. The following uses shall be permitted in the I-R zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: SECOND READING AND ADOPTION Page 61 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 29 Section 19.44.040 Conditional uses. The following uses shall be permitted in the I-L zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.46.040 Conditional uses. The following uses shall be permitted in the I zone; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation if located within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.47.040 Conditional uses. The following uses shall be permitted in the P-Q zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation if located within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.60.510 Commercial – Administrative and professional office (C-O) zone. F. The Design Review Committee Zoning Administrator may reduce sign areas and height below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.530 Neighborhood commercial (C-N) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.540 Central commercial (C-C) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. SECOND READING AND ADOPTION Page 62 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 30 Section 19.60.550 Visitor commercial (C-V) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.560 Commercial thoroughfare (C-T) zone. G. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.570 Industrial research (I-R) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.580 Limited industrial (I-L) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.590 General industrial (I) zone. D. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.810 Processing of applications. D. Method of Review. The method of review is standard compliance review. The Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, shall determine whether approval shall be granted for any sign based on its conformance with the regulations and design standards set forth herein and in the City design manual, without consideration of the graphic design of the copy or message displayed on the sign. F. Decisions. Where an application is denied by the Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, the applicant shall be informed in writing of the changes necessary in order to approve the application. If the SECOND READING AND ADOPTION Page 63 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 31 applicant chooses to amend the application to reflect said changes, the Zoning Administrator shall grant the permit within 30 days of when a complete and conforming application is submitted. 19.62.100a Parking areas – Surfacing requirements – Waiver permitted when. Any off-street parking areas shall be surfaced in accordance with CVMC 19.62.100b, Surfacing standards for private vehicular areas, so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide the orderly and safe loading or unloading and parking and storage of vehicles. The Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, may by resolution, waive or modify the standards for any use within the agricultural zone, or any use deemed as temporary (operating for a maximum of one year); provided, however, such temporary use shall be done in accordance with the surfacing standards noted in CVMC 19.62.100b(A). 19.62.100b Surfacing standards for private vehicular areas. Areas upon private property which are required to be surfaced per the various City regulations, or pursuant to conditional approval of the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, shall be surfaced in accordance with the requirements contained herein and with the standard specifications for public works construction and any amendments or supplements thereto, including the San Diego regional supplement amendments and the City of Chula Vista standard special provisions. Such requirements shall apply to all areas to be surfaced for the movement, parking or storage of vehicles except as specifically noted. 19.62.130 Waiver or modification of provisions permitted when. The Planning Commission or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area may, by resolution, waive or modify the provisions as herein set forth, establishing required parking areas for such uses as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses requiring a very limited number of persons as compared to the number of persons required by the usual industry of comparable size expressed in square footage. Section III. Addition of the Juneteenth Parking Holiday. The Chula Vista Municipal Code is hereby amended as follows: Section 10.08.110 Holidays. “Holidays,” within the meaning of this chapter, are: A. January 1st, known as New Year’s Day. SECOND READING AND ADOPTION Page 64 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 32 B. The third Monday in January, known as Dr. Martin Luther King, Jr. Day. C. February 12th, known as Lincoln’s birthday. D. The third Monday in February, known as Washington’s birthday. E. March 31st, known as Cesar Chavez Day. F. The last Monday in May, known as Memorial Day. G. June 19th, known as Juneteenth. GH. July 4th, known as Independence Day. HI. The first Monday in September, known as Labor Day. IJ. September 9th, known as Admission Day. JK. November 11th, known as Veterans Day. KL. The fourth Thursday in November, known as Thanksgiving Day. LM. The fourth Friday in November, the day after Thanksgiving Day. MN. December 25th, known as Christmas Day. Section IV. Removal of Individual Section Numbers for Zoning-Related Definitions. The Chula Vista Municipal Code is hereby amended as follows: Chapter 19.04 (DEFINITIONS) Sections: 19.04.002 Definitions and construction of terms generally. 19.04.004 Access. 19.04.006 Accessory use or structure. 19.04.007 Adult bookstore. Repealed. 19.04.007A Adult motion picture theater. Repealed. 19.04.007B Adult mini-motion picture theater. Repealed. 19.04.008 Agent of owner. 19.04.010 Agriculture. 19.04.012 Alley. 19.04.013 Amusement facility. 19.04.014 Apartment, efficiency. Repealed. 19.04.015 Auction. 19.04.016 Automobile dismantling. SECOND READING AND ADOPTION Page 65 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 33 19.04.018 Automobile or trailer sales area. 19.04.020 Automobile repair, major. 19.04.022 Automobile maintenance and repair, minor. 19.04.024 Automobile service station. 19.04.026 Basement. 19.04.028 Beginning of construction. 19.04.030 Block. 19.04.032 Boardinghouse or lodginghouse. 19.04.034 Boatel. 19.04.035 Body painting studio. Repealed. 19.04.036 Building. 19.04.038 Building, height of. 19.04.039 Building, high rise. 19.04.040 Building line map. 19.04.042 Building, main. 19.04.044 Bulkhead. 19.04.045 Carnival. 19.04.046 Carport. 19.04.047 Cabaret. Repealed. 19.04.048 Cellar. 19.04.050 Chula Vista General Plan. 19.04.051 Coin-operated adult entertainment facility. Repealed. 19.04.052 Commission. 19.04.054 Communication equipment building or use. 19.04.055 Community purpose facility. 19.04.056 Council. 19.04.058 Court. 19.04.060 Coverage. 19.04.062 Crop and tree farming. 19.04.063 Dance floor. 19.04.064 Day nursery. 19.04.065 Day spa. 19.04.066 Development unit. 19.04.068 Distance between residential structures. 19.04.070 Dock. 19.04.072 Driveway. 19.04.074 Dwelling. 19.04.076 Dwelling group. 19.04.078 Dwelling, single-family. 19.04.080 Dwelling, two-family or duplex. 19.04.082 Dwelling, multiple. 19.04.084 Dwelling, townhouse. 19.04.086 Dwelling unit. 19.04.087 Dwelling, accessory dwelling unit. 19.04.088 Efficiency living unit. 19.04.089 Electrical generating facilities. SECOND READING AND ADOPTION Page 66 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 34 19.04.089.2 Emergency shelter. 19.04.090 Essential services. 19.04.092 Family. Repealed. 19.04.093 Family day care. 19.04.094 Family day care home, large. 19.04.095 Family day care home, small. 19.04.096 Filling station. 19.04.097 Floor area ratio (residential). 19.04.098 Full-time foster home. 19.04.100 Garage, private. 19.04.102 Garage, public. 19.04.104 General development plan. 19.04.106 Guest house. 19.04.107 Hazardous waste facility. 19.04.108 Home occupation. 19.04.110 Hospital. 19.04.112 Hotel/motel. 19.04.114 Houseboat. 19.04.116 Junkyard. 19.04.118 Kennel. 19.04.120 Kitchen or kitchenette. 19.04.122 Landscape manual. 19.04.124 Landscaping. 19.04.126 Lot. 19.04.128 Lot area. 19.04.130 Lot, corner. Lot Coverage. 19.04.132 Lot depth. 19.04.134 Lot, interior. 19.04.136 Lot line, front. 19.04.138 Lot line, interior. 19.04.140 Lot line, rear. 19.04.142 Lot line, side. 19.04.144 Lot line, street or alley. 19.04.146 Lot lines. 19.04.148 Lot of record. 19.04.150 Lot, through. 19.04.152 Lot width. 19.04.153 Massage parlor. 19.04.154 Mobilehome. 19.04.155 Model studio. Repealed. 19.04.156 Motor hotel, including motel and hotel. Repealed. 19.04.157 Narcotic or drug paraphernalia shop. 19.04.158 Nonconforming structure. 19.04.160 Nonconforming use. SECOND READING AND ADOPTION Page 67 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 35 19.04.162 Nursing home. 19.04.164 Off-shore. 19.04.166 On-shore. 19.04.168 Open space, usable. 19.04.169 Park. 19.04.170 Parking area, private. 19.04.172 Parking area, public. 19.04.174 Parking space. 19.04.176 Performance standards. 19.04.178 Permitted use. 19.04.179 Pet shop. 19.04.180 Pharmacy, prescription. 19.04.182 Planned development permit. 19.04.184 Poultry farm. 19.04.188 Prescription pharmacy. 19.04.190 Public/quasi-public. 19.04.191 Qualified employee housing. 19.04.192 Recreation, commercial. 19.04.194 Recreation, private, noncommercial. 19.04.196 Recreation, public. 19.04.197 Religious institution. 19.04.197.1 Residence, single room occupancy (SRO). 19.04.198 Residential density. 19.04.198.1 Residential facility. 19.04.199 Salvage yard. 19.04.200 Satellite dish antenna. 19.04.200.1 School. 19.04.201 Senior housing development. 19.04.202 Service station. 19.04.204 Setback. 19.04.205 Sexual encounter studio. Repealed. 19.04.205.1 Sexually explicit material. Repealed. 19.04.206 Shoreline. 19.04.208 – 19.04.268 Repealed. 19.04.270 Specified anatomical area. Repealed. 19.04.271 Specified sexual activity. Repealed. 19.04.272 Stable, private. 19.04.274 Stable, riding. 19.04.276 Story. 19.04.278 Story, first. 19.04.280 Story, half. 19.04.282 Story, mezzanine. 19.04.284 Street. 19.04.286 Street, private. 19.04.288 Structural alteration. SECOND READING AND ADOPTION Page 68 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 36 19.04.290 Structure. 19.04.290.1 Supportive housing. 19.04.291 Surface mining operations. 19.04.292 Tideland. 19.04.294 Townhouses. 19.04.296 Trailer camp, trailer park or mobilehome park. 19.04.298 Trailers. 19.04.299 Transitional housing. 19.04.300 Underwater land. 19.04.302 Usable open space. 19.04.304 Unified control. 19.04.306 Waterfront land. 19.04.308 Yard, front. 19.04.310 Yard, front, least depth. 19.04.312 Yard, front, least depth – How measured. 19.04.314 Yard, rear. 19.04.316 Yard, rear, least depth. 19.04.318 Yard, side. 19.04.320 Yard, side, least width. 19.04.322 Yard, side, least width – How measured. 19.04.324 Zone. 19.04.326 Zoning map. 19.04.328 Zoning permit. 19.04.330 Zoning wall or fence. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as his or its representative or agent. 19.04.004 Access. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.006 Accessory use or structure. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 69 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 37 19.04.007 Adult bookstore. Repealed by Ord. 3316 § 2, 2014. 19.04.007A Adult motion picture theater. Repealed by Ord. 3316 § 2, 2014. 19.04.007B Adult mini-motion picture theater. Repealed by Ord. 3316 § 2, 2014. 19.04.008 Agent of owner. “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.010 Agriculture. “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.012 Alley. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.013 Amusement facility. “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. A. “Amusement arcade or center” means a facility wherein are found games, coin - operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. B. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. C. “Amusement games or machines as accessory uses” means not more than three coin- operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. (Ord. 2053 § 1, 1983). SECOND READING AND ADOPTION Page 70 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 38 19.04.014 Apartment, efficiency. Repealed by Ord. 3442 § 2(B), 2018. 19.04.015 Auction. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. (Ord. 2584 § 3, 1994). 19.04.016 Automobile dismantling. For “automobile dismantling,” see “junkyard”. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.018 Automobile or trailer sales area. “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.020 Automobile repair, major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.022 Automobile maintenance and repair, minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. (Ord. 2633 § 3, 1995; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.024 Automobile service station. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. (Ord. 2162 § 1, 1986; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.026 Basement. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 71 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 39 19.04.028 Beginning of construction. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.030 Block. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of- way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.032 Boardinghouse or lodginghouse. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. (Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.034 Boatel. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.035 Body painting studio. Repealed by Ord. 3316 § 2, 2014. 19.04.036 Building. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.038 Building, height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.039 Building, high rise. “High rise building” means any structure which is five stories or more in height. (Ord. 1689 § 1, 1976). 19.04.040 Building line map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 72 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 40 19.04.042 Building, main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.044 Bulkhead. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.045 Carnival. “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. (Ord. 2075 § 1, 1984). 19.04.046 Carport. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.047 Cabaret. Repealed by Ord. 3316 § 2, 2014. 19.04.048 Cellar. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.050 Chula Vista General Plan. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.051 Coin-operated adult entertainment facility. Repealed by Ord. 3316 § 2, 2014. 19.04.052 Commission. “Commission” means the City Planning Commission of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.054 Communication equipment building or use. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi-public use, where such use is referred to in the zoning regulations. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 73 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 41 19.04.055 Community purpose facility. “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). (Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2452A § 1, 1991). 19.04.056 Council. “Council” means the City Council of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.058 Court. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.062 Crop and tree farming. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.063 Dance floor. “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. (Ord. 3316 § 3, 2014). 19.04.064 Day nursery. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary schools which offer educational programs only. (Ord. 1494 § 6, 1973; prior code § 33.1401). 19.04.065 Day spa. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. (Ord. 3316 § 3, 2014). 19.04.066 Development unit. “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 74 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 42 19.04.068 Distance between residential structures. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.070 Dock. “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.072 Driveway. “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.074 Dwelling. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobile home. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.076 Dwelling group. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.078 Dwelling, single-family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.080 Dwelling, two-family or duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.082 Dwelling, multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.084 Dwelling, townhouse. “Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 75 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 43 19.04.086 Dwelling unit. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.087 Dwelling, accessory dwelling unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. (Ord. 3423 § 2, 2018; Ord. 2897 § 1, 2003). 19.04.088 Efficiency living unit. “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.089 Electrical generating facilities. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: A. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. B. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. C. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. SECOND READING AND ADOPTION Page 76 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 44 D. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. E. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). (Ord. 3279 § 3, 2013). 19.04.089.2 Emergency shelter. “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. (Ord. 3442 § 2(A), 2018). 19.04.090 Essential services. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.092 Family. Repealed by Ord. 3442 § 2(B), 2018. 19.04.093 Family day care. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985). 19.04.094 Family day care home, large. “Family day care home, large” means a family day care home, as defined by CVMC 19.04.093, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985). SECOND READING AND ADOPTION Page 77 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 45 19.04.095 Family day care home, small. “Family day care home, small” means a family day care home, as defined by CVMC 19.04.093, which provides family day care to eight or fewer children, including children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985). 19.04.096 Filling station. For “filling station,” see “automobile service station.” (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.097 Floor area ratio (residential). “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. (Ord. 2144 § 1, 1986). 19.04.098 Full-time foster home. “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. (Ord. 1494 § 6, 1973; prior code § 33.1401). 19.04.100 Garage, private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.102 Garage, public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.104 General development plan. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.106 Guest house. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one -year period. A SECOND READING AND ADOPTION Page 78 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 46 guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. (Ord. 2145 § 1, 1986). 19.04.107 Hazardous waste facility. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. (Ord. 2542 § 1, 1993). 19.04.108 Home occupation. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.110 Hospital. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.112 Hotel/motel. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). (Ord. 3442 § 2(B), 2018; Ord. 2034 § 1, 1983; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.114 Houseboat. “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. (Ord. 1212 § 1, 1969; prior code § 33.1401). Interested Party. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing with the City of the nature of their concerns or who for good cause was unable to do either. “Interested party” shall also include the applicant for a permit. 19.04.116 Junkyard. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage SECOND READING AND ADOPTION Page 79 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 47 of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.118 Kennel. “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. (Ord. 2267 § 3, 1988; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.120 Kitchen or kitchenette. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.122 Landscape manual. “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.124 Landscaping. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.126 Lot. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.128 Lot area. “Lot area” means the computed area contained within the lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.130 Lot, corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 80 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 48 19.04.060 Lot Coverage. “Lot cCoverage” means the percent of the total site area covered by structures other than those excepted in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.132 Lot depth. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.134 Lot, interior. “Interior lot” means a lot other than a corner lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.136 Lot line, front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.138 Lot line, interior. For “interior lot line,” see “lot line, side.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.140 Lot line, rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: A. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or B. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or C. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.142 Lot line, side. “Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 81 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 49 19.04.144 Lot line, street or alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.146 Lot lines. “Lot lines” means the property lines bounding the lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.148 Lot of record. For “lot of record,” see CVMC 19.16.020. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.150 Lot, through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.152 Lot width. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.153 Massage parlor. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. (Ord. 1855 § 2, 1979). 19.04.154 Mobilehome. For “mobilehome,” see “trailers.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.155 Model studio. Repealed by Ord. 3316 § 2, 2014. 19.04.156 Motor hotel, including motel and hotel. Repealed by Ord. 3442 § 2(B), 2018. 19.04.157 Narcotic or drug paraphernalia shop. “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. (Ord. 1954 § 1, 1981). 19.04.158 Nonconforming structure. “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the SECOND READING AND ADOPTION Page 82 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 50 regulations for the district in which the structure is located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.160 Nonconforming use. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.162 Nursing home. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.164 Off-shore. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.166 On-shore. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.168 Open space, usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.169 Park. “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. (Ord. 3316 § 3, 2014). 19.04.170 Parking area, private. “Private parking area” means an open area for the same uses as a private garage. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.172 Parking area, public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 83 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 51 19.04.174 Parking space. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.176 Performance standards. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.178 Permitted use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.179 Pet shop. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” (Ord. 2267 § 4, 1988). 19.04.180 Pharmacy, prescription. For “pharmacy, prescription,” see “prescription pharmacy.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.182 Planned development permit. “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.184 Poultry farm. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.188 Prescription pharmacy. “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 84 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 52 19.04.190 Public/quasi-public. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in CVMC 19.04.089(A), (B), (C) and (D) only, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. (Ord. 3279 § 3, 2013; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.191 Qualified employee housing. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). (Ord. 3442 § 2(A), 2018). 19.04.192 Recreation, commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.194 Recreation, private, noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.196 Recreation, public. “Public recreation” means publicly owned or operated recreation facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.197 Religious institution1. “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. (Ord. 3316 § 3, 2014). 19.04.197.1 Residence, single room occupancy (SRO)2. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. (Ord. 3442 § 2(A), 2018). 19.04.198 Residential density. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local SECOND READING AND ADOPTION Page 85 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 53 shopping facilities into the total number of families in said area. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.198.1 Residential facility. “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. (Ord. 3442 § 2(A), 2018). 19.04.199Salvage yard. For “salvage yard,” see “junkyard.” (Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.200 Satellite dish antenna. “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. (Ord. 2108 § 1, 1985). 19.04.200.1 School. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (Ord. 3316 § 3, 2014). 19.04.201 Senior housing development. “Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. (Ord. 1878 § 1, 1979). 19.04.205 Sexual encounter studio. Repealed by Ord. 3316 § 2, 2014. 19.04.205.1 Sexually explicit material. Repealed by Ord. 3316 § 2, 2014. 19.04.206 Shoreline. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 86 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 54 19.04.208 – 19.04.268 Repealed by Ord. 2924 § 3, 2003. 19.04.270 Specified anatomical area. Repealed by Ord. 3316 § 2, 2014. 19.04.271 Specified sexual activity. Repealed by Ord. 3316 § 2, 2014. 19.04.272 Stable, private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.274 Stable, riding. “Riding stable” means any stable where horses are kept for hire. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.276 Story. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.278 Story, first. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.280 Story, half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.282 Story, mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.284 Street. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right-of-way. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.286 Street, private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 87 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 55 19.04.288 Structural alteration. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.290 Structure. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.290.1 Supportive housing. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on -site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. (Ord. 3442 § 2(A), 2018). 19.04.291 Surface mining operations. “Surface mining operations” means all, or part of, the process involved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 2921 § 1, 2003). 19.04.292 Tideland. “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.294 Townhouses. “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.296 Trailer camp, trailer park or mobilehome park. “Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. (Ord. 1941 § 1, 1981; Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 88 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 56 19.04.298 Trailers. A. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. B. “Motorhome” means a vehicular unit built on or permanently attached to a self- propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. C. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. D. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. E. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. F. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. G. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. (Ord. 1941 § 1, 1981; Ord. 1518 § 2, 1974; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.299 Transitional housing. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). (Ord. 3442 § 2(A), 2018). 19.04.300 Underwater land. “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.304 Unified control. “Unified control” means the written consent or agreement of all property owners. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 89 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 57 19.04.306 Waterfront land. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.308 Yard, front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.310 Yard, front, least depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.312 Yard, front, least depth – How measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.314 Yard, rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.316 Yard, rear, least depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.318 Yard, side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.320 Yard, side, least width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). SECOND READING AND ADOPTION Page 90 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 58 19.04.322 Yard, side, least width – How measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.324 Zone. “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.326 Zoning map. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.328 Zoning permit. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.330 Zoning wall or fence. “Zoning wall or fence” means a wall or fence erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). Section V. Removal of Outdated Labels for Specific Population Groups. The Chula Vista Municipal Code is hereby amended as follows: Section 19.54.020 Designated – Limitations and standards. H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes, nursing homes (for the aged, crippled, and mentally retarded of all ages), psychiatric, etc.: See CVMC 19.58.110. Further, approval shall not be granted until the following findings can be made (homes for mentally retarded children): Section VI. Small and Large Family Day Care Homes. The Chula Vista Municipal Code is hereby amended as follows: SECOND READING AND ADOPTION Page 91 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 59 Section 19.22.020 Permitted uses. Principal permitted uses in the R-E zone include: A. One single-family detached dwelling on each lot or parcel; B. Crop and tree farming; C. Notwithstanding subsection (A) of this section, two-unit residential developments pursuant to CVMC 19.58.450.; D. Small and Large Family Daycare Homes Section 19.22.030 Accessory uses and buildings. D. Full-time foster homes and small family day care homes, as defined in CVMC 19.04.095 and 19.04.098; G. Large family day care homes, subject to the provisions of CVMC 19.58.147; HG. Accessory dwelling units, subject to the provisions of CVMC 19.58.022; IH. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E). The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. Section 19.24.020 Permitted uses. D. Small and Large family day care homes, subject to the provisions of CVMC 19.58.147. Section 19.24.030 Accessory uses and buildings. D. Full-time foster homes and small family day care homes, as defined in CVMC 19.04.095 and 19.04.098; J. Large family day care homes, subject to the provisions of CVMC 19.58.147; KJ. Accessory dwelling units, subject to the provisions of CVMC 19.58.022; LK. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E). The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. Section 19.26.020 Permitted uses. The following are the principal permitted uses in an R-2 zone: SECOND READING AND ADOPTION Page 92 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 60 A. One single-family dwelling on any lot; B. One duplex or two-family dwelling on any lot; C. Attached single-family dwelling units; D. Dwelling groups, subject to the provisions of CVMC 19.58.130; E. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of CVMC 19.58.020; F. Agricultural uses as provided in CVMC 19.16.030;. G. Small and Large Family Daycare Homes. Section 19.26.040 Conditional uses. The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090: A. Off-street parking areas, subject to the provisions of Chapter 19.62 CVMC; B. Small family day care homes, as defined in CVMC 19.04.095, if not operating within a single-family dwelling; C. Large family day care homes, as defined in CVMC 19.04.094, within a single-family dwelling; DB. Professional offices (for additional provisions, see CVMC 19.58.244). The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020. EC. Electrical substations and gas regulators, subject to the provisions of CVMC 19.58.140; FD. Unclassified uses, see Chapter 19.54 CVMC. Section 19.28.020 Permitted uses. Principal permitted uses in the R-3 zone are as follows: A. Dwellings, multiple: R-3 zone; SECOND READING AND ADOPTION Page 93 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 61 B. Dwellings, multiple, low-rise: R-3-G zone; C. Dwellings, multiple, medium-rise: R-3-M zone; D. Dwellings, multiple, high-rise: R-3-H zone; E. Dwellings, townhouses: R-3-T zone; F. Duplexes; G. Agricultural uses as provided in CVMC 19.16.030; H. Residence, single room occupancy (SRO); I. Boarding or lodging houses; J. Small and Large Family Daycare Homes. Section 19.28.040 Conditional uses. The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090: A. Except in R-3-T, day nurseries; B. Except in R-3-T, incidental services, such as restaurants and retail sales to serve residents; provided, there is no exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building; C. Commercial parking garages and off-street parking lots, in accordance with the provisions of CVMC 19.62.010 through 19.62.130; D. Small family day care homes, as defined in CVMC 19.04.095; ED. Private, noncommercial recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270); FE. Professional offices (for additional provisions, see CVMC 19.58.244); G. Large family day care homes, as defined in CVMC 19.04.094, within a single-family dwelling. The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for SECOND READING AND ADOPTION Page 94 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 62 projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: HF. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140; IG. Unclassified uses, see Chapter 19.54 CVMC. Section 19.84.005 Residential zones. (A)2. Permitted Uses. The following uses are permitted: a. Dwellings, multiple, mid-rise; b. Dwellings, multiple, high-rise; c. Short-term vacation rentals; d. Retail commercial uses at street level; e. Incidental services, such as restaurants, retail sales, fitness clubs, and other such services, provided such activities are conducted in spaces that are integral parts of a main building; f. Small and Large Family Daycare Homes; fg. Private, noncommercial recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 19.58.270); and gh. Day care/nursery facilities; and hi. Accessory uses and buildings including: i. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490; ii. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the provisions of CVMC 19.58.020; iii. Full-time foster homes as defined in CVMC 19.04.098; iv. Satellite dish antennas per the provisions of CVMC 19.22.030(F); v. Accessory dwelling units pursuant to the provisions of CVMC 19.58.022. 3. Conditionally Permitted Uses. The following uses may be allowed subject to the approval of a conditional use permit: SECOND READING AND ADOPTION Page 95 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 63 a. Commercial parking garages and off-street parking lots, in accordance with the provisions of CVMC 19.62.010 through 19.62.130; and b. Unclassified uses; see Chapter 19.54 CVMC; and c. Small family day care homes, as defined in CVMC 19.04.095. Section 19.58.147 Family day care homes, large. A large family day care home shall be allowed in the R-E and R-1 zones, and within the P- C designated R-E and R-S zones, upon the issuance of a large family day care permit by the Zoning Administrator and in compliance with the following standards: A. Notice shall be given to properties within 500 feet of the proposed large family day care home at least 10 days prior to consideration of the permit. B. The permit shall be considered without public hearing unless a hearing is requested by the applicant or other affected party by the hearing deadline date. The applicant or other affected party may appeal the Zoning Administrator’s decision to the City Council. C. The family day care function shall be incidental to the residential use of the property. D. A large family day care home shall not locate within: 1. Three hundred (300) feet of another such facility with said measurement being defined as the shortest distance between the property lines of any such facilities; and 2. One thousand two hundred (1,200) feet of another such facility along the same street with said measurements being defined as the shortest distance between front property lines, as measured along the same street, of any such facilities. E. The owner must provide a double-wide driveway which shall be paved to meet City standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the edge of sidewalk to any vertical obstruction. The driveway shall be available during all hours of operation for the loading and unloading of children. If a garage exists on-site, it must be utilized for parking of personal vehicle(s). In the event that less than a two-car garage exists on-site, the owner must designate an area on-site other than on the driveway so that a total of two personal vehicles can be parked on-site, including the garage. Notwithstanding the foregoing, the applicant must comply with all other Municipal Code provisions as to parking and traffic. SECOND READING AND ADOPTION Page 96 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 64 F. If, in the opinion of the Zoning Administrator, there is a potential for significant traffic problems, the Zoning Administrator shall request review of the application by the City Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the day care permit in these instances to ensure maintenance of traffic safety levels within the vicinity of the home. G. Adequate outdoor play space shall be required and determined on a case-by- case basis. Outdoor play activity shall not be allowed in the front or exterior side yard of the home. H. Play areas shall be designed and located to reduce the impact of n oise on surrounding properties. I. A business license will be obtained concurrently with the use permit. J. At the City’s discretion, an annual review of the permit may be done to determine compliance with state and City requirements and the permit’s conditions of approval. Section VII. Massage Parlors. The Chula Vista Municipal Code is hereby amended as follows: Section 19.36.020 Permitted uses. F. Massage parlors, subject to the provisions of CVMC 5.36; G. Any other retail business or service establishment which the Zoning AdministratorCommission finds to be consistent with the purpose of this title and which will not impair the present or potential use of adjacent properties; GH. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9); HI. Agricultural uses as provided in CVMC 19.16.030; IJ. Mixed commercial-residential projects, if designated by the Chula Vista General Plan as MUR, subject to the provisions of CVMC 19.58.205. Section 19.40.020 Permitted uses. Q. Upholstery shops;. R. Massage parlors, subject to the provisions of CVMC 5.36. Section VIII. Design Review Permit Requirements. The Chula Vista Municipal Code is hereby amended as follows: SECOND READING AND ADOPTION Page 97 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 65 Section 19.14.582 Design review approval. A. Plans for the establishment, location, expansion or alteration of 1) multifamily structures in all multifamily residential zones, and 2) non-residential structures in all commercial and industrial zones, shall require design review by the Planning Commission. Section IX. Height Standards Within the R-3 (Apartment-Residential) Zoning Designation. The Chula Vista Municipal Code is hereby amended as follows: Section 19.28.060 Height regulations. A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as follows: No principal building shall exceed either two and one-half stories or 54 feet in height and no accessory building shall exceed either two stories or 25 feet in height, except as provided in CVMC 19.16.040 and 19.58.022. B. Height regulations in the R-3-H and R-3-L classifications zone are as follows: No principal building shall be less than 4655 feet or five stories in height and no accessory building shall exceed either two stories or 25 feet in height, except as provided in CVMC 19.16.040. Section X. Addition of New Zoning-Related Definitions. The Chula Vista Municipal Code is hereby amended as follows: Chapter 19.04 (DEFINITIONS) Sections: 19.04.002 Definitions and construction of terms generally. 19.04.004 Access. 19.04.006 Accessory use or structure. 19.04.007 Adult bookstore. Repealed. 19.04.007A Adult motion picture theater. Repealed. 19.04.007B Adult mini-motion picture theater. Repealed. 19.04.008 Agent of owner. 19.04.010 Agriculture. 19.04.012 Alley. 19.04.013 Amusement facility. 19.04.014 Apartment, efficiency. Repealed. 19.04.015 Auction. 19.04.016 Automobile dismantling. 19.04.018 Automobile or trailer sales area. 19.04.020 Automobile repair, major. 19.04.022 Automobile maintenance and repair, minor. 19.04.024 Automobile service station. SECOND READING AND ADOPTION Page 98 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 66 19.04.026 Basement. 19.04.028 Beginning of construction. 19.04.030 Block. 19.04.032 Boardinghouse or lodginghouse. 19.04.034 Boatel. 19.04.035 Body painting studio. Repealed. 19.04.036 Building. 19.04.038 Building, height of. 19.04.039 Building, high rise. 19.04.040 Building line map. 19.04.042 Building, main. 19.04.044 Bulkhead. 19.04.045 Carnival. 19.04.046 Carport. 19.04.047 Cabaret. Repealed. 19.04.048 Cellar. 19.04.050 Chula Vista General Plan. 19.04.051 Coin-operated adult entertainment facility. Repealed. 19.04.052 Commission. 19.04.054 Communication equipment building or use. 19.04.055 Community purpose facility. 19.04.056 Council. 19.04.058 Court. 19.04.060 Coverage. 19.04.062 Crop and tree farming. 19.04.063 Dance floor. 19.04.064 Day nursery. 19.04.065 Day spa. 19.04.066 Development unit. 19.04.068 Distance between residential structures. 19.04.070 Dock. 19.04.072 Driveway. 19.04.074 Dwelling. 19.04.076 Dwelling group. 19.04.078 Dwelling, single-family. 19.04.080 Dwelling, two-family or duplex. 19.04.082 Dwelling, multiple. 19.04.084 Dwelling, townhouse. 19.04.086 Dwelling unit. 19.04.087 Dwelling, accessory dwelling unit. E-Commerce. 19.04.088 Efficiency living unit. 19.04.089 Electrical generating facilities. 19.04.089.2 Emergency shelter. 19.04.090 Essential services. 19.04.092 Family. Repealed. SECOND READING AND ADOPTION Page 99 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 67 19.04.093 Family day care. 19.04.094 Family day care home, large. 19.04.095 Family day care home, small. 19.04.096 Filling station. 19.04.097 Floor area ratio (residential). Fulfillment Center. 19.04.098 Full-time foster home. 19.04.100 Garage, private. 19.04.102 Garage, public. 19.04.104 General development plan. 19.04.106 Guest house. 19.04.107 Hazardous waste facility. 19.04.108 Home occupation. 19.04.110 Hospital. 19.04.112 Hotel/motel. 19.04.114 Houseboat. 19.04.116 Junkyard. Interested Party. 19.04.118 Kennel. 19.04.120 Kitchen or kitchenette. 19.04.122 Landscape manual. 19.04.124 Landscaping. 19.04.126 Lot. 19.04.128 Lot area. 19.04.130 Lot, corner. 19.04.132 Lot depth. 19.04.134 Lot, interior. 19.04.136 Lot line, front. 19.04.138 Lot line, interior. 19.04.140 Lot line, rear. 19.04.142 Lot line, side. 19.04.144 Lot line, street or alley. 19.04.146 Lot lines. 19.04.148 Lot of record. 19.04.150 Lot, through. 19.04.152 Lot width. 19.04.153 Massage parlor. 19.04.154 Mobilehome. 19.04.155 Model studio. Repealed. 19.04.156 Motor hotel, including motel and hotel. Repealed. 19.04.157 Narcotic or drug paraphernalia shop. 19.04.158 Nonconforming structure. 19.04.160 Nonconforming use. 19.04.162 Nursing home. 19.04.164 Off-shore. 19.04.166 On-shore. SECOND READING AND ADOPTION Page 100 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 68 19.04.168 Open space, usable. 19.04.169 Park. 19.04.170 Parking area, private. 19.04.172 Parking area, public. 19.04.174 Parking space. 19.04.176 Performance standards. 19.04.178 Permitted use. 19.04.179 Pet shop. 19.04.180 Pharmacy, prescription. 19.04.182 Planned development permit. 19.04.184 Poultry farm. 19.04.188 Prescription pharmacy. 19.04.190 Public/quasi-public. 19.04.191 Qualified employee housing. 19.04.192 Recreation, commercial. 19.04.194 Recreation, private, noncommercial. 19.04.196 Recreation, public. 19.04.197 Religious institution. 19.04.197.1 Residence, single room occupancy (SRO). 19.04.198 Residential density. 19.04.198.1 Residential facility. 19.04.199 Salvage yard. 19.04.200 Satellite dish antenna. 19.04.200.1 School. Self-Storage Facility. 19.04.201 Senior housing development. 19.04.202 Service station. 19.04.204 Setback. 19.04.205 Sexual encounter studio. Repealed. 19.04.205.1 Sexually explicit material. Repealed. 19.04.206 Shoreline. 19.04.208 – 19.04.268 Repealed. 19.04.270 Specified anatomical area. Repealed. 19.04.271 Specified sexual activity. Repealed. 19.04.272 Stable, private. 19.04.274 Stable, riding. 19.04.276 Story. 19.04.278 Story, first. 19.04.280 Story, half. 19.04.282 Story, mezzanine. 19.04.284 Street. 19.04.286 Street, private. 19.04.288 Structural alteration. 19.04.290 Structure. 19.04.290.1 Supportive housing. 19.04.291 Surface mining operations. SECOND READING AND ADOPTION Page 101 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 69 19.04.292 Tideland. 19.04.294 Townhouses. 19.04.296 Trailer camp, trailer park or mobilehome park. 19.04.298 Trailers. 19.04.299 Transitional housing. 19.04.300 Underwater land. 19.04.302 Usable open space. 19.04.304 Unified control. Warehousing Facility. Warehousing, Logistics and Distribution Facility. Warehousing Sales, Retail. Warehousing Sales, Wholesale. 19.04.306 Waterfront land. 19.04.308 Yard, front. 19.04.310 Yard, front, least depth. 19.04.312 Yard, front, least depth – How measured. 19.04.314 Yard, rear. 19.04.316 Yard, rear, least depth. 19.04.318 Yard, side. 19.04.320 Yard, side, least width. 19.04.322 Yard, side, least width – How measured. 19.04.324 Zone. 19.04.326 Zoning map. 19.04.328 Zoning permit. 19.04.330 Zoning wall or fence. E-Commerce (Electronic Commerce). “E-Commerce (Electronic Commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to, the internet and applications within smartphones or other similar mobile cellular devices. Fulfilment Center. “Fulfilment Center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce ("e-commerce") or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. Interested Party. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via US Mai l, e- comment or electronic mail (e-mail) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. SECOND READING AND ADOPTION Page 102 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 70 Self-Storage Facility. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, may include recreational vehicles storage. Warehousing, Logistics and Distribution Facility. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and includes bulk storage of materials, which are flammable, or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers generally are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: • Freight yards/forwarding terminals • Warehousing distribution/high cube distribution centers • Moving agencies • Parcel delivery terminals • Railroad freight stations • Shipping/receiving yards • Truck terminals Warehousing Facility. “Warehousing facility” means the use of a building primarily for the storage of goods of any type (i.e.: cold storage) by one or two businesses and used for the sale or distributio n of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock high and/or ground level loading doors on one side of the building only. Warehousing Sales, Retail. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and includes incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. SECOND READING AND ADOPTION Page 103 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 71 Warehousing Sales, Wholesale. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods. Section XII. Scheduling of Public Hearings Related to Project Appeals. The Chula Vista Municipal Code is hereby amended as follows: Section 10.84.020 Parking prohibited on portions of private property. D. When parking is not available under subsections (A) through (C) of this section, then consideration shall be given by the Zoning Administrator to select a parking area on the opposite side of the lot or other appropriate locations on the property as per CVMC 19.62.110. Any interested party The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning Commission. The appeal shall be filed in writing with the Development Services DepartmentPlanning Department within 10 days of the Administrator’s action, and accompanied by the required appeal fee(s). Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Appeals to the City Council from the actions of the Planning Commission shall follow the same procedure.The decision of the Planning Commission shall be final. Section 12.24.110 Installation of public improvements – Appeal of Director of Development Services’ ruling – Application and fees. In the event thatIf the Director of Development Services denies the request for a waiver of obligation to install improvements, a written the property owner or his agent may file an application shall be filed with the Development Services DepartmentCity Clerk to appeal such denial;, the which appeal shall be heard by the Planning CommissionCity Council. Said application must be filed within 10 days of the date on which the Director of Development Services made theirhis ruling, be accompanied by the required appeal fee, and include a written statement describing the basis of the appeal. Following the filing of a complete application, including all associated fees, the Development Services Department shall take no longer than thirty (30) calendar days to set a hearing before the Planning CommissionCity Council shall be set for the next at a regularly- scheduled meeting, or at such time thereafter as may be designated, to consider the appeal. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. SECOND READING AND ADOPTION Page 104 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 72 Section 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, by the City Clerk shall take no longer than thirty (30) calendar days to, the matter shall be placed the matter upon the agenda of a regularly scheduledthe next meeting of the City Council. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date., which shall, by formal resolution, render its decision thereon within 40 days from the date of receipt by the City Clerk. The failure of the City Council to act upon such appeal within the 40-day period shall be deemed a denial of such appeal. The decision of the City Council shall be final and conclusive. Section 15.04.260 Appeals – Time limit for filing – Form. The applicant for a permit issued pursuant to this chapter, or the permittee, An interested party may appeal to the Planning CommissionCity Council from any decision of the City Engineer within ten (10) businessworking days after said decision. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be filed with the Development Services DepartmentCity Clerk. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final.Planning Commission Section 17.28.040 Lighting plans – Approval required when. All lighting plans in multiple-family, commercial and industrial zones shall be submitted to the Director of PlanningZoning Administrator for approval prior to installation thereof. Should the City disapprove of the plans, a written appeal by an interested party may be filed to the Development Services Department may be taken to the Planning Commission. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for a public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final The determination of the Commission shall be final. Section 17.35.070 Permit process. B. The HLIT permit may be approved, approved with conditions, or denied by the Director of Planning and Building Zoning Administrator, or his/her designee, without a public hearing in accordance with CVMC 19.14.030, in the following circumstances: 1. Any planned facility project listed in Table 6-1 of the Chula Vista MSCP subarea plan that only impacts natural vegetation and does not impact habitat occupied by covered species, listed noncovered species, narrow endemic species, or wetlands. SECOND READING AND ADOPTION Page 105 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 73 2. Any future facility project listed in Table 6-2 of the Chula Vista MSCP subarea plan associated with a covered project that only impacts natural vegetation and does not impact habitat occupied by covered species, listed noncovered species, narrow endemic species or wetlands. C. For all other HLIT permit applications, the Zoning AdministratorDirector of Planning and Building, and or his/her designee, may approve, conditionally approve, or deny such permit at a public hearing noticed in accordance with CVMC 19.14.180. The Zoning AdministratorDirector of Planning and Building decision may be appealed to the Planning CommissionCity Council in accordance with CVMC 19.14.110 and 19.14.130. The decision of the Planning Commission shall be final. Section 18.12.125 Appeals from determinations – Procedure. In the event that an interested party the applicant or any interested party adversely affected by a determination is dissatisfied with any determination of the Planning Commission, they applicant or interested party may appeal to the City Council by filing a written statement in writing with the City ClerkDirector of Development Services stating the reasons for appeal within ten ( 10) business days following the determination. Once a valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Council meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the City Council shall be finalThe matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application of appeal. Section 18.16.220 Approval – Appeal. The decision of the Director of Development Services and the City Engineer’s decision may be appealed by an interested party to the Planning CommissionCouncil. A written notice of appeal must be filed with the Development Services Department within ten (10) business days of the date the Planning Commission was noticed that the final map was under review for final approval. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. within 10 business days of the date Council was noticed that the final map was under review for final approval. Within 30 days of the filing of a valid application for appeal the Council shall hear the matter at a regularly scheduled meeting. The decision of the Planning Commission shall be final. Section 18.18.090 Appeals from determinations – Procedure. In the event that the applicant or any interested party If an interested party is dissatisfied with any determination of the City Engineer as to whether the property division qualifies as a parcel map division, or as to any requirements or conditions which they seek to impose, they may then the applicant may appeal the determination within ten (10) business days to SECOND READING AND ADOPTION Page 106 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 74 the Planning CommissionCouncil by filing a written statement in writing with the Development Services DepartmentDirector of Development Services stating the reasons for appeal within 10 business days following the determination. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. Section 18.18.120 Tentative parcel map – Waiver – Appeal. All interested parties areAn interested party is provided the opportunity to appeal the decision in writing to the Development Services Department within ten (10) business days of decision of the City Engineer. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The appeal shall be heard within 30 days of filing a valid application for appeal by the Council. Any application for a tentative parcel map waiver shall be filed as outlined in the subdivision manual. The decision of the Planning Commission shall be final. Section 18.20.210 Approval – Appeal – Procedure. In the event that the applicant or any interested party If an interested party is dissatisfied with any determination of the City Engineer as to whether the property division qualifies as a parcel map division, or, as to any requirements or conditions imposed, they may then the applicant or interested party may appeal the determination within ten (10) business days to the Planning CommissionCouncil by filing a written statement in writing with the Development Services DepartmentCity Engineer stating thehis reasons for appeal within 10 business days following the determination. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. The matter shall be placed on the Council agenda and heard by the Council within 30 days of the appeal. Section 19.14.050 Public hearing – Mandatory when – Consolidation of public hearings for multiple permit applications. B. An interested party The applicant or other interested person who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning CommissionCity Council. In such cases, a public hearing as provided herein shall be mandatory. Once a valid, written application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter SECOND READING AND ADOPTION Page 107 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 75 for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. Section 19.14.120 Conditional use permit – Appeals of Planning Commission decision – City Clerk duties. Once a valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30) days to set the matter for public hearing at a regularly scheduled Council meeting, and, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the filing of the appeal, the City Clerk shall set the matter for public hearing, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. The City Clerk shall send the Development Services Department a duplicate copy of the appeal and request the Planning Commission to transmit to the City Council a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the Planning Commission made its decision. The decision of the City Council shall be final. Section 19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing. An interested party The applicant or other interested party may appeal the decision of the Zoning Administrator to the Planning CommissionCity Council, within ten (10) business days from the date on which said decision was made. Said appeal shall be in writtening and filed with the Development Services Department on forms provided by said Department, and shall specify therein that the decision of the Zoning Administrator was in error and identify the facts and circumstances on which claim of error is based. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meetingIf an appeal is filed within the time limit specified, it stays proceedings in the matter until a determination is made by the City Council. The City Council shall set the matter for hearing, and, in compliance with noticing requirements as set forth herein in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning CommissionCity Council shall beis final. Where an application for a variance is included in a consolidated hearing and is neither approved nor denied by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, due to failure to achieve a majority vote, the applicant shall have the right to either a rehearing at the next Planning Commission or Chula Vista Redevelopment Corporation meeting, whichever is applicable to the project, or an appeal to the City Council without payment of additional fees. The choice of alternatives shall be at the discretion of the applicant. All other proceedings pertaining to appeals shall continue to apply. SECOND READING AND ADOPTION Page 108 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 76 Section 19.14.480 Site plan and architectural approval – Building Inspector authority – Appeals. A. Following site plan and architectural approval by the Zoning Administrator as provided in this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed with the Development Services Director and mailed to the applicant. Appeals from determinations by the Zoning Administrator shall be sent in writing by an interested party to the Development Services DepartmentCity Council upon written request for a hearing before the Planning CommissionCity Council. In the absence of such request being filed within ten (10) business days after determination by the Zoning Administrator, the determination shall be final. B. A writtenThe appeal shall be filed by the applicant or an interested party with the Development Services Department Development Services Director on athe form required by the Development Services Director, and, to be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) days to set the matter for public hearing at a regularly-scheduled Planning Commission meeting, and, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the proper filing of the appeal, the Development Services Director shall cause the matter to be set for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. C. Upon the hearing of an appeal, the Planning Commission City Council may, by resolution, affirm, reverse or modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall contain findings of facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles in CVMC 19.14.470, the provisions of the design manual or any design standards required for the project, or other nonconformity with the requirements of this chapter. A copy of the decision resolution of the City CouncilPlanning Commission shall be filed with the Development Services Director, and mailed to the applicant. The decision of the Planning CommissionCity Council shall be final. Section 19.14.486 Landscape plan approval – Application – Accompanying documents – Fee. B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny landscape plans. An interested party The applicant may appeal a denial or conditions imposed upon approval by filing a written appeal to the Development Services DepartmentCity Council, in accordance with CVMC 19.14.050, within 10 business days of receipt of notification of denial or conditional approval from the Zoning Administrator. Such shall be in writing on the form promulgated by the Director of Development Servicesaffected director, accompanied by the required fee, and shall specify wherein the action of the Zoning Administrator is inconsistent with the landscape manual and/or other SECOND READING AND ADOPTION Page 109 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 77 applicable ordinances, manuals or policies of the City. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The Planning Commission City Council may grant, conditionally grant, or deny the appeal. The decision of the Planning CommissionCity Council is shall be final, and shall be based upon the landscape manual, and/or other applicable ordinances, manuals, or policies of the City. Section 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. D. Permit any external display of products, merchandise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the Director of Development Services Director upon violation of any requirement of this chapter, or of any conditions or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, appeal may be made in writing to the Planning Commission, In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within ten (10) business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing in front of the Planning Commission. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Director of Development Services. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final.whose decision shall be final. Section 19.14.588 Design review – Appeal procedure. A. An interested party The applicant or other interested person may file an appeal from the decision of the Planning Commission or Zoning Administrator for minor projects to the Planning CommissionCity Council within ten (10) business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days SECOND READING AND ADOPTION Page 110 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 78 to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the City Council. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Zoning Administrator. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within ten (10) business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled City Council meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the City Council shall be final. B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. C. The decision of the City Council is final. Section 19.48.060 P-C zone – Planning Commission action. Following a public hearing, and upon making the required findings, the Planning Commission shall make a recommendation to the City Council for approval or modified approval of a proposed P-C zone, and shall also adopt a resolution recommending that the City Council adopt the general development plan as submitted or as modified. Such recommendation and the recommended general development plan shall be forwarded to the City Council for its consideration. If unable to make the required findings, the Planning Commission shall deny said application, and, forward that recommendation to the City Council. An appeal from the action of the Planning Commission may be filed in accordance with CVMC 19.12.110. SECOND READING AND ADOPTION Page 111 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 79 Section 19.58.430 Liquor stores in the C-N zone. Establishments that include the sale of alcoholic beverages for off-site use or consumption may be allowed in the C-N zone upon issuance of a conditional use permit. The Zoning Administrator shall hold a public hearing in accordance with CVMC 19.14.060 through 19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080. A conditional use permit shall not be granted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that approval of the permit will not result in an overconcentration of such facilities. Overconcentration may be found to exist based on (A) the number and location of existing facilities; (B) compliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (C) the impact of the proposed facility on crime; and (D) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including, but not limited to, limitations on hours of operation. The City Council shall be informed of the decision on each such permit by the City Clerk when the decision is filed in accordance with CVMC 19.14.090. The decision of the Zoning Administrator may be appealed. Such appeal shall be directed to the Planning CommissionCity Council and must be filed in writing with the Development Services Department within ten (10) business days after the decision is made, as provided in CVMC 19.14.100. If a valid appeal applicationed is received within the time limit, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The Planning Commission must make the same written findings required of the Zoning Administrator herein in order to grant the permit, and, the decision of the Planning Commission shall be final. said appeal shall be considered in a public hearing conducted by the City Council, in the same manner as other appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the City Council must make the same written findings required of the Zoning Administrator herein in order to grant the permit. Section 19.60.810 Processing of applications. G. Appeals. All sign permit applications shall be initially reviewed by the Zoning Administrator. An interested party The applicant or any concerned person may appeal any sign related decision to the in this order: Design Review Committee, Planning Commission, and City Council. AIn each case, written notice of appeal must be filed with the Development Services DepartmentCity Clerk within ten (10) business days of when the decision was delivered or sent to applicant and all known concerned persons, or, the last day on which a decision could have been timely rendered. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled SECOND READING AND ADOPTION Page 112 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 80 Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. In each case, tThe appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, tThe hearing must follow normal procedures for agendizing and giving public notice. The decision of the Planning Commission shall be final. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision. Section 19.66.220 Appeals of determinations. The Zoning Administrator’s action with respect to the performance standards procedures may be appealed to the Planning Commission within ten (10) business days following said action. In the absence of such appeal, the Zoning Administrator’s determination shall be final. If a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. Section 19.89.080 Abandonment. B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as noted in subsection (A) of this section, shall be sent by certified first class mail, return receipt requested, or personally delivered to the operator of the wireless telecommunications facility at said operator’s business address on file with the City or the operator’s agent for service of process on file with the California Secretary of State. Service shall be effective on the date the notice was signed for or received. If the mailed notice is returned unsigned, service shall be deemed effective three business days after the mailing of a duplicate notice by regular first-class mail. The notice shall explain the consequences of failing to remove the facility and identify all hearing/appeal rights. The operator may appeal in writing to the Development Services Department the determination of abandonment within ten (10) business days of being served with the notice. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. After receiving the appeal, City staff shall schedule a hearing on the matter to be conducted before the Planning Commission at which time tThe operator may present at the hearing any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final. SECOND READING AND ADOPTION Page 113 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 81 Section 21.12.030 Appeals. An interested party Theapplicant or any other interested party may appeal in writing the decision of the Zoning Administrator or HPC to the Development Services Department within ten (10) business days after the date of the decision. Once a valid application has been received, Tthe Development Services Department shall take no longer than thirty (30) calendar days to set the matter shall be set for public hearing and placed on an agenda for a regularly scheduled HPC meeting upon receipt of appeal application., The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The appeal which shall address in writing each of the findings for denial on a form prescribed by the City and shall submit a fee pursuant to CVMC 21.12.020, for appeals of historic preservation matters. All appeals shall be considered by the Planning CommissionHPCCouncil, and the decision shall be final. Section XIII. Short-Term Rental Licenses. The Chula Vista Municipal Code is hereby amended as follows: Section 5.68.050 Eligibility requirements. H. An active-duty member of the military who is currently deployed shall be eligible to operate their Dwelling as a Short-Term Rental. Proof of ownership within the City for at least one year prior to the date(s) of deployment, documented to the satisfaction of the Director of Development Services, shall be included as part of the application submittal. I. The Dwelling Unit shall not have been developed or converted as part of a two-unit residential development or Urban Lot Split Parcel Map pursuant to CVMC 19.58.450. Section 5.68.070 Permit application requirements. I. The Director of Development Services shall approve an application for a Short-Term Rental Permit;, provided, that: 1. At the time of submission of the application, or at any time during the processing of the application, the Dwelling Unit and the Applicant meet the eligibility requirements of CVMC 5.68.050, and the application meets the conditions of permit issuance pursuant to this section, including payment of the required fees. 2. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of CVMC 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. J. If a permit application is denied, the Director of Development Services shall notify the Applicant in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. SECOND READING AND ADOPTION Page 114 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 82 J. The Director of Development Services shall deny an application and decline to issue a Short-Term Rental Permit for any of the following reasons, in their discretion: 1. Failure to meet the eligibility requirements. 2. Failure to meet the conditions of permit issuance, including payment of the required fees. 3. Failure to resolve violations of applicable codes regarding fire, building and safety, health and safety, and other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone, as more fully described in CVMC Section 5.68.110(A).The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. 4. Determination that the Applicant has made a false, misleading, or fraudulent statement or omission of fact in the application or in the application process. 5. Determination that the Applicant, Owner, or Agent has been adversely sanctioned, or penalized by the City, or any other city, county, or state, for a violation of applicable laws or regulations related to STR operations. 6. Determination that the Applicant, Owner, or Agent has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful STR activity in the City or any other jurisdiction. Additionally, if a Short-Term Rental Permit application is denied, the Director of Development Services shall notify the Applicant in writing of the determination. The notice will set forth the reasons for denial and the procedures for an appeal of the determination. LK. The Director of Development Services’ determination on the issuance or denial of a Short-Term Rental Permit in response to a pending application or a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of CVMC 5.68.180. ML. Upon issuance of a Short-Term Rental Permit in response to a permit application, the Permittee shall comply with all requirements of the business license provisions and transient occupancy tax provisions of this code for the Short-Term Rental Unit. Section 5.68.170 Procedure for imposition of modification, suspension and/or revocation of short-term rental permit. A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in accordance with the provisions of this section, including the following:. 1. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of State or local laws or regulations related to Short -Term Rentals. SECOND READING AND ADOPTION Page 115 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 83 The Applicant or Agent for, and/or Owner of, the Short-Term Rental has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful activity in the City. Section XIV. Enforcement and/or Abatement of Violations Occurring Within the Public Right-of-Way. The Chula Vista Municipal Code is hereby amended as follows: Chapter 12.04 GENERAL PROVISIONS Sections: 12.04.010 Short title. 12.04.020 Plans, maps and studies applicable – Scope – Drainage facility defined. 12.04.025 Enforcement – Generally. 12.04.030 Enforcement – Lien procedure. 12.04.040 Exemptions from fee payment and insurance designated – Liability agreement required. Section 12.04.025 Enforcement – Generally. The general enforcement of this Title, including the abatement of violations and non- compliance with an issued Permit, shall fall within the following purview: 1) Public Works and/or Code Enforcement, for any violation occurring within the area of public right -of- way between the property line and curb; 2) Police Department, for any violation occurring within the street area of the public right-of-way. Section 19.08.010 Conformance to regulations required – Officers authorized for enforcement duty. All Department officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title, and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions contained herein; and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the Building Inspector, the Zoning Administrator and the Police Department to enforce the provisions of this title, pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. Additionally, Public Works and/or Code Enforcement staff shall enforce and subsequently abate any violations under this Title that are located within the section of the public right-of-way from the property line to the curb. SECOND READING AND ADOPTION Page 116 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B - 84 Section XVII. 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 XVIII. 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 XIX. Effective Date This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final passage. Section XX. 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 INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Laura C. Black, AICP Jill D.S. Maland Director of Development Services SECOND READING AND ADOPTION Page 117 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. 2022-015 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE (CVMC) CHAPTER 2.24 (REDEVELOPMENT AGENCY), TITLE 6 (ANIMALS), TITLE 9 (PUBLIC PEACE, MORALS, AND WELFARE), TITLE 10 (VEHICLES AND TRAFFIC), TITLE 12 (STREETS AND SIDEWALKS), TITLE 13 (SEWERS), TITLE 14 (WATERCOURSES), TITLE 15 (BUILDINGS AND CONSTRUCTION), TITLE 17 (ENVIRONMENTAL QUALITY), TITLE 18 (SUBDIVISIONS), TITLE 19 (PLANNING AND ZONING), AND TITLE 21 (HISTORIC PRESERVATION). WHEREAS, in 2009, the Development Services Oversight Committee (“Oversight Committee”) was formed to work with staff in identifying areas within the Development Services Department needing improvement and assisting in developing workable solutions; and WHEREAS, necessary amendments to the Chula Vista Municipal Code (CVMC) have been identified to help further streamline and clarify permit processes/regulations, fix outdated references, and comply with State Law; and WHEREAS, staff presented the draft code amendments to the Oversight Committee, which recommended adoption; and WHEREAS, the Director of Development Services reviewed the proposed legislative action for compliance with the California Environmental Quality Act (CEQA) and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code en forcement processes and actions. Furthermore, the action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a significant effect on the environment; and WHEREAS, a hearing time and place was set by the Planning Commission to consider the CVMC amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; WHEREAS, the Planning Commission held a duly noticed public hearing to consider said code amendments at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. DocuSign Envelope ID: 1176FF46-F0E2-45BB-BE15-97A65B057AB3 Page 118 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Planning Commission Resolution 2022-2015 December 14, 2022 Page 2 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed amendments, excluding Community Purpose Facilities and Family Day Care Homes, to Chula Vista Municipal Code Title 2, Title 6, Title 9, Title 10, Title 12, Title 13, Title 14, Title 15, Title 17, Title 18, Title 19, and Title 21, related to streamlined improvements for both the overall City and specifically the Development Services Department. BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends that the City Council of the City of Chula Vista find that the proposed amendments , excluding Community Purpose Facilities and Family Day Care Homes, to the Chula Vista Municipal Code (CVMC) identified in this Resolution qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action involves only updates, modifications, and organizational changes to the CVMC relating to City Department names and staff titles, section numbering, hearing and appeal processes for zoning decisions, additions of definitions, and Code enforcement processes and actions. Furthermore, the action of updating and modifying the CVMC with procedural and clerical changes will not result in an intensification of uses or a change in development potential within the City above what already is permitted under the existing land use and zoning policies of the CVMC that are being updated. Based on an analysis of the nature and type of these procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that the action may have a significant effect on the environment. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by: _________________________ _____________________ Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 14th day of December, 2022, by the following vote, to-wit: AYES: Burroughs, Combs, De La Rosa, Felber, Milburn, Torres, Zaker NOES: 0 ABSENT: 0 ABSTAIN: 0 DocuSign Envelope ID: 1176FF46-F0E2-45BB-BE15-97A65B057AB3 Page 119 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Planning Commission Resolution 2022-2015 December 14, 2022 Page 3 ___________________________ Max Zaker, Chair ATTEST: _______________________ Patricia Salvacion, Secretary DocuSign Envelope ID: 1176FF46-F0E2-45BB-BE15-97A65B057AB3 Page 120 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #3 – Changes to Department and Director Titles 6.08.080 Kennels, catteries and pet shops – Permit prerequisites. No permit for the activities included in this chapter shall be valid unless it shall have has been certified by the Director of Development Services, Planning and Building or designee, as not being in conflict with ordinances and local regulations concerning planning and zoning. 9.40.030 Application for conversion or discontinuance of mobilehome or trailer park. A. Application for Conversion or Discontinuance. Prior to the approval of any rezoning, subdivision map, or the issuance of any permit, including a building permit, which would allow the use of any properties presently or hereinafter utilized for mobilehome or trailer parks to be used for any purpose other than a mobilehome or trailer park, or prior to th e cessation of use of all or any part of a mobilehome or trailer park, an application to convert from such use or to discontinue must be filed with the Community Development Development Services Department. The requirements of this section shall be applicable whether or not the mobilehome or trailer park is: 1. Located within an exclusive mobilehome park zone; 2. Located within a zone subject to conditional use permit; or 3. Entitled to be used as a mobilehome or trailer park based on nonconforming rights. B. Application Requirements. The following information or documentation shall constitute application for conversion or discontinuance of an existing mobilehome or trailer park. 1. A relocation plan which shall make adequate provision for the relocation of the mobilehome or trailer owner/occupant who will be displaced by the discontinuance of the use of the property for a mobilehome or trailer park; 2. A profile of the existing park, including: a. Number of spaces, b. Names and addresses of all mobilehome or trailer owner/occupants, c. Date of manufacture of each home, d. Replacement value of each home, Page 121 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda e. Estimated cost of relocation of each home, f. Length of tenancy of each mobilehome or trailer owner/occupant, g. Estimated income and age of each mobilehome or trailer owner/occupant; 3. A timetable for vacating the existing park; 4. Evidence satisfactory to the Community Development Director of Development Services, or designee, that agreements satisfying the relocation assistance requirements of this chapter have been offered to eligible mobilehome or trailer owner/occupants. Such evidence may include, but is not limited to, the following: a. Written agreements to relocate mobilehomes or trailers owned by low- and moderate-income mobilehome or trailer owner/occupants, b. Assistance for low- and moderate-income mobilehome or trailer owner/occupants in the form of payment by the park owner of 75 percent, up to a maximum of $3,000, of the cost of relocating the mobilehome or trailer to another mobilehome or trailer park within 100 miles; 5. Evidence that the park owner has informed all mobilehome or trailer owner/occupants in writing of alternative sites available to them; 6. Evidence that the park owner has agreed to purchase those homes of low- and moderate-income mobilehome or trailer owner/occupants which are determined to be not relocatable due to age and/or condition. Such purchases shall be based on standard insurance replacement criteria; 7. Evidence that the displaced residents have been provided right of first refusal to purchase, lease or rent any dwelling units or mobilehome or trailer spaces which may be built on the subject property; 8. A narrative summary of planned new use of property to be converted or reason for non-use; 9. As an alternative to subsection (B)(4)(b) of this section, evidence that the park owner has given the mobilehome or trailer owner/occupants a three-year notice to vacate, said notice being pursuant to Section 798.56(f) of the Civil Code. If such a three-year notice is given, the applicant must assist all low- and moderate-income displaced mobilehome or trailer owner/occupants in accordance with the following schedule: Page 122 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda If Mobilehome or Trailer Owner/Occupant Vacates Before End of Portion of Expenses Paid by Owner Up to a Maximum of First year 75% $3,000 Second year 50% $2,000 Third year 25% $1,000 C. Submittal to and Decision of the Community Development Director of Development Services, or designee. All of the above application information shall be submitted to the Community Development Director of Development Services, or designee. The Community Development Director of Development Services, or designee, shall make hisa decision in the following manner: 1. If the Community Development Director of Development Services, or designee, determines that the application is complete and conforms with all regulations, policies and guidelines, and that the relocation plan or other commitments by the park owner mitigate the impact of conversion or discontinuance on the health, safety and general welfare of persons residing in the mobilehome or trailer park, he shall grant the application for conversion. 2. If the Community Development Director of Development Services, or designee, determines that the application is not complete or it does not conform with all regulations, policies and guidelines, or that the relocation plan or other commitments by the park owner do not mitigate the impact of conversion or discontinuance on the health, safety or general welfare of persons residing in the mobilehome or trailer park, he shall deny the application for conversion. 3. The Community Development Director of Development Services, or designee, may establish the date on which the resolution of conversion or discontinuance will become effective. Such date shall not be more than three years from the date of decision of the Community Development Director of Development Services, or designee, or such earlier date as the applicant has complied with the provisions of an approved relocation plan and submitted evidence thereof to the Community Development Director of Development Services, or designee. 4. In granting or denying the application for conversion or discontinuance of the mobilehome or trailer park, the Community Development Director of Development Services, or designee, shall make a written finding in rendering the decision and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements set forth herein. Page 123 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 5. A copy of this written finding of facts shall be filed with the City Clerk and the Director of Development ServicesPlanning and Building, or designee, and shall be mailed to the applicant and to the mobilehome or trailer owner/occupants of the mobilehome or trailer park. 6. The decision of the Community Development Director of Development Services, or designee, shall be final on the fifteenth day following the mailing of the decision to the applicant and the mobilehome or trailer owner/occupants required in subsection (C)(5) of this section, except when appeal is taken to the City Council as provided in subsection (D) of this section. D. Appeal from the Decision from the Community Development Director of Development Services, or designee. 1. An appeal from the decision of the Community Development Director of Development Services, or designee, on an application for conversion or discontinuance of a mobilehome or trailer park may be taken to the City Council within 15 days following the decision of the Community Development Director. The appeal may be taken by the applicant, any governmental body or agency, any owner of real property located within the City or any resident of the City. The appeal shall be in writing on a prescribed form and filed with the City Clerk. The appeal shall specify wherein there was an error in the decision of the Community Development Director of Development Services, or designee. If an appeal is filed within the time specified, it shall automatically stay proceedings in the matter until a determination is made by the City Council. 2. Upon the filing of the appeal, the Community Development Director of Development Services, or designee, shall set the matter for public hearing before the City Council at the earliest practicable date. The public hearing shall be noticed and held in accordance with the provisions of this code. Notice of time and place and purpose of such hearing shall be given as follows: a. By at least one publication in the official newspaper of the City, not less than 10 days prior to the date of the hearing; b. By mailing notices at least 10 days prior to the date of such hearing to the mobilehome or trailer park owner and to all mobilehome or trailer owner/occupants of the mobilehome or trailer park. 3. Upon the hearing of the appeal, the City Council may by resolution affirm, reverse or modify in whole or in part any determination of the Community Development Director of Development Services, or designee, subject to the same limitations as are placed upon the Community Development Director of Development Services, or designee, by law and the provisions of this code. The resolution must contain a finding of fact showing wherein the proposed development meets or fails to meet the requirements herein. Page 124 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 4. The decision of the City Council shall be final unless appealed to a court of competent jurisdiction. E. Waiver. The Community Development Director of Development Services, or designee, may recommend to the City Council the acceptance of other mitigating actions by the park owner in lieu of the specific provisions herein if extreme economic hardship would result for the park owner, or if other proposed mitigating actions have recommending benefit. F. Notification Requirements. In addition to any notification requirements under the California Civil Code, the following notification requirements shall apply to any application for conversion or discontinuance of mobilehome or trailer park use: 1. A minimum of 10 calendar days prior to an applicant filing an application for conversion or discontinuance of the mobilehome or trailer park, the applicant shall give written notice to each mobilehome or trailer owner/occupant of the mobilehome or trailer park of the proposed change. Such notice shall be subject to the prior approval of the Community Development Director of Development Services, or designee. 2. No public hearing required hereunder to consider an application for conversion or discontinuance of a mobilehome or trailer park use shall be held unless and until the applicant submits to the Community Development Director of Development Services, or designee, an affidavit approved as to form by the City Attorney declaring that the applicant has given the notice required by this provision. G. Penalty. Violation of any provision of this chapter by the owners of mobilehome or trailer parks shall be deemed to be a misdemeanor subject to the penalties as established by state law for misdemeanors. In addition thereto, any mobilehome or trailer owner/occupant in a mobilehome or trailer park where conversion to other uses or discontinuance has been sought or accomplished, and in which violations of the terms and provisions of this chapter have occurred, may seek civil remedies for damages in accordance with the relocation provisions contained herein, no later than one year from the date of lease cancellation or eviction from the mobilehome or trailer park. Section 10.84.035 Citation authority. The Director of Development Services (or designee)Planning and Building Director, code enforcement officers and other employees designated by the Director of Development ServicesPlanning and Building Director shall have the authority to enforce Chapters 10.52, 10.84 and 19.62 CVMC by issuing written notice of the violation. Page 125 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 12.48.040 Existing buildings – Occupant duty to obtain number. It shall be the duty of the lessee, occupant, or owner of any existing building to obtain the proper building number from the Director of Planning and Building and to place this number on said building within 30 days from July 18, 1969. Section 12.48.050 New bBuildings – Occupant to place number on building when. It shall be the duty of the lessee, occupant or owner of any new building to place the number assigned by the Director of Development Services, or designee,Planning and Building on said building on or before the day final inspection is made by the Building Inspector. Section 12.48.060 Enforcement – Notice required – Occupant compliance required. A. If the Director of Development Services, or designee,Planning and Building finds any building upon which the proper number has not been properly placed as required by this chapter, theyhe may order the applicant, lessee, occupant or owner to obtain and properly place such number within 10 days. B. The posting of a notice upon the entrance door of such building shall meet the requirements of this section for legal service of such notice or order. C. It shall be the duty of the lessee, occupant and/or owner of said building to comply with said order. Section 12.50.020 Authority. California Penal Code Section 556 provides that signs may be temporarily placed in public rights-of-way only after the person placing the sign in the right-of-way has received the lawful permission of the City by permit and in accordance with the restrictions on signs set forth in this section. It shall be the responsibility of the Director of Development Services, or designee, Planning and Building or his or her designee to receive applications and fees, issue permit stickers, and monitor the temporary placement of portable signs. Section 12.50.040 Permit issuance. A. Except for signs allowed under Section VIII of City Council Policy 465-02, no sign shall be placed within any portion of the public right-of-way without first being issued a temporary public right-of-way sign permit from the City of Chula Vista. To obtain a permit, the requestor/permittee shall: 1. Complete and sign an application form as required by the Director of Development Services, or designee Planning and Building. Page 126 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2. Indemnify and hold the City, its officers, employees, and representatives harmless from all liability for damage or claims for damage for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the permittees, agents, employees, or other persons acting on the permittees’ behalf for all damages and claims for damages suffered or alleged to have been suffered by reason of the obligations referred to in the permit, regardless of whether or not the City approved plans or specifications or inspected any of the signs erected pursuant to this permit. 3. Provide proof of and maintain in force policies or certificates of insurance, of comprehensive public liability insurance in a combined single limit amount of at least $1,000,000. Such insurance shall be procured from an insurer authorized to do business in California, shall provide primary and not excess coverage, and shall name the City of Chula Vista as additional insured. Lapse of valid insura nce shall immediately render void any permit issued pursuant to this section. 4. Remit the permit fee. Permit stickers are issued on a calendar year basis and are not prorated. The fee for the permit shall be set by the City Council. Two permit stickers numbered alike shall be issued for each fee paid so that a permit is visible on each side of every sign. B. Permits are issued to an individual, business, or group and shall not be reassigned or transferred. Section 13.04.010 Definitions. K. “Grease pretreatment device” shall mean a device conforming to the Uniform Plumbing Code requirements for grease interceptors and/or grease traps approved by the Director and the Director of Development Services, or designee,Planning and Building and designed to remove grease from wastewater before it enters the building sewer. Section 14.18.250 Duties of the Planning Director of Development Services. The duties and responsibilities of the Planning Director of Development Services, or designee, shall include, but not be limited to, assuring that the General Plan is consistent with floodplain management objectives in this chapter. Section 15.18.040 Section 201.1 amended to remove designation of Assistant Director of Planning and Building from the Building Official. Section 201.1 of the Uniform Code for the Abatement of Dangerous Buildings, as it applies in Chula Vista, shall read as follows: Section 201.1 Administration. The building official is hereby authorized and directed to enforce all the provisions of this code. Page 127 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. Section 15.18.050 Section 205.1 amended to reclassify the designation of Assistant Director of Planning and Building to Building Officials within the Board of Appeals. Section 205.1 of the Uniform Code for the Abatement of Dangerous Buildings, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 205.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a board of appeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy. The building official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council. The board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Chapter 5 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures in the city of Chula Vista. Section 15.20.025 Section 201.1 amended to remove the designation of Assistant Director of Building and Housing from the Building Official. Section 201.1 of the Uniform Housing Code, as it applies in Chula Vista, shall read as follows: Section 201.1 Authority. The building official is hereby authorized and directed to enforce all the provisions of this code. For such purpose, the building official shall have the powers of a law enforcement officer. The building official shall have the power to render interpretations of this code and to adopt and enforce rules and regulations supplemental to this code as may be deemed necessary in order to clarify the application of the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. Page 128 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 15.20.035 Section 203.1 amended to remove the designation of Assistant Director of Building and Housing from the Building Official, regarding serving as Advisor to the Housing Advisory and Appeals Board. Section 203.1 of the Uniform Housing Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 203.1 General. In order to provide for reasonable interpretation of the provisions of this code, to mitigate specific provisions of the code which create practical difficulties in their enforcement and to hear appeals provided for hereunder, there is hereby established a board of appeals and advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy of residential structures. The building official shall be an ex-officio member who shall not be entitled to vote and who shall act as secretary to the board. The board of appeals and advisors shall be appointed by the mayor and confirmed by the city council. The board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals to the board shall be processed in accordance with the provisions contained in Section 1201 of this code or in accordance with such procedures as may be prescribed by the city attorney of the city of Chula Vista. The decision of the board is final. The board of appeals and advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of residential structures, in the city of Chula Vista. Section 15.38.040 Subsection (a) of Section 104.1 amended to reclassify the designation of Assistant Director of Planning and Building to Building Official within the Board of Appeals. Subsection (a) of Section 104.1 of the Urban-Wildland Interface Code, and the title precedent thereto, as it applies in Chula Vista, is hereby amended to read as follows: Board of Appeals and Advisors. Section 104.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of this code, there is hereby established a Board of Appeals and Advisors consisting of seven members who are qualified by experience and training to pass upon matters pertaining to building construction, use and occupancy. The building official and the fire marshal shall be ex-officio members who shall not be entitled to vote. The building official shall act as secretary to the Board. The Board of Appeals and Advisors shall be appointed by the mayor and confirmed by the city council. The Board shall render all decisions and findings in writing to the building official with a duplicate copy to the appellant. Appeals Page 129 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda to the Board shall be processed in accordance with the procedures as may be prescribed by the City Attorney of the City of Chula Vista. The decision of the Board is final. The Board of Appeals and Advisors shall recommend to the city council such new legislation deemed necessary to govern construction, use and occupancy of structures, in the City of Chula Vista. Section 15.04.017 Other required permits. Prior to the City’s issuance of a land development permit or clearing and grubbing permit, the applicant shall show compliance with a habitat loss and incidental take (HLIT) permit issued pursuant to Chapter 17.35 CVMC, for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and are within: A. Development areas outside of covered projects, as defined by CVMC 17.35.030; B. Seventy-five (75) to 100 percent conservation areas, as defined by CVMC 17.35.030; or C. One hundred (100) percent conservation areas, as defined by CVMC 17.35.030. Prior to the City’s issuance of a land development permit or clearing and grubbing permit for areas that contain sensitive biological resources, as defined by CVMC 17.35.030, and are within the development areas of covered projects, as defined by CVMC 17.35.030, the applicant shall show compliance with all applicable provisions of previous project entitlements issued by the City and with any applicable conditions of coverage listed in the Chula Vista MSCP subarea plan, as determined by the Director of Development Services Planning and Building or designee. Prior to the City’s issuance of a land development permit or clearing and grubbing permit for areas that will result in impacts to wetlands or to listed noncovered species, as defined by CVMC 17.35.030, the applicant shall obtain, and show compliance with, all applicable federal and/or state permits. Section 15.04.060 Landscaping and irrigation system. All cut and fill slopes shall be planted and irrigated in accordance with an approved plan. Said plan shall be prepared in accordance with the City landscape manual and shall be approved by the City landscape architect, and the Director of Development Services Planning and Building or designee, as necessary. Section 15.04.100 Building construction – Land development permit required – Prerequisite to building permit. A. An owner of land desiring to do land development work incidental to and in connection with the construction of a building or structure shall present an application and obtain a land development permit or clearing and grubbing permit. The City Engineer may require an on-site field inspection of the rough grading phase of the work between representatives of the City’s Development Services Department Engineering, Planning and Building Page 130 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Departments and the permittee; civil engineer; soil engineer; biologist, as defined by CVMC 17.35.030; and engineering geologist, as appropriate, before the issuance of a building permit. The permittee shall request a field inspection of the rough grading phase, if required, five working days prior to the inspection. The rough grading phase of the land development work described on form PW-E-106B shall be completed prior to the issuance of a building permit except as provided below. The City may suspend any building permit where it is found that land development work is being done or has been done without a land development permit or clearing and grubbing permit until a land development permit or clearing and grubbing permit is issued. The City may not certify to the completion of the building where land development work has been done until a land development permit is obtained and certified as complete. Section 15.04.140 Completion of work – Final reports. E. A final biology report, if determined necessary by the Director of Development ServicesPlanning and Building or designee, which includes an assessment of the impacts on sensitive biological resources affected by the land development work. Section 15.04.145 Notification of completion. The permittee shall notify the City Engineer when the land development work is ready for final inspection. HeThey shall also notify the City Landscape Architect and the Director of Development ServicesPlanning and Building, or designee, when planting and irrigation are completed. Final approval shall not be given until all work, including installation of all drainage structures and facilities, sprinkler irrigation systems, planting and all protective devices, has been completed and any required planting established and all as-built plans and reports have been submitted. The City Engineer may accept in writing the completion of all work, or any portion of the work, required by the permit issued in accordance with this chapter and thereupon accept said work or portion thereof. Section 15.04.150 Exemptions from applicability designated. D. Excavation for foundations of buildings, structures, basements, cellars, swimming pools or basins which are authorized by appropriate permits obtained from the Development Services DepartmentPlanning and Building Department; K. Clearing and grubbing in an area located entirely within a mapped development area, as defined by CVMC 17.35.030, where it has been demonstrated to the satisfaction of the Director of Development ServicesPlanning and Building, or designee, that no sensitive biological resources, as defined by CVMC 17.35.030, exist; Section 15.04.155 Contractor – Qualifications required. Every person doing land development work shall meet such qualifications as may be determined by the City Engineer and/or Director of Development Services, or designee,Planning and Building to be necessary to protect the public interest. The City Page 131 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Engineer and/or Director of Development Services, or designee, sPlanning and Building may require an application for qualification which shall contain all information necessary to determine the person’s qualifications to do the land development work. Section 15.04.180 Private contract performance bond – Required when – Issuance conditions generally. Persons performing private contract work under a permit issued in accordance with this chapter shall furnish a bond/bonds or cash deposit or instrument of credit executed by the owner or his agent, or both, as principal in accordance with the provisions codified in this section through CVMC 15.04.215. The performance bond/bonds shall be issued by a surety company authorized to do business in the state and shall be approved as to form by the City Attorney. The bond/bonds shall be in favor of the City and shall be conditioned upon the completion, free of liens, of the work authorized by the permit in accordance with the requirements of this chapter and the conditions prescribed by the permit. Slope planting and irrigation bonds will be separate from the performance bond requirements for appurtenant structures and grading. They will be held with the Development Services Departmentin the office of the Director of Planning and Building until satisfactory compliance with landscaping and irrigation has been accepted. Section 15.04.270 Permits – Application – Detailed plans and specifications required. 11. An erosion control plan as may be required by the City Engineer, or, the Director of Development Services, or designeePlanning and Building. Section 15.04.305 Fees – To be doubled in certain cases – Effect of imposition. In the event that land development work is commenced without a land development or clearing and grubbing permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee, in such instance, shall then be the normally required permit fee, plus $500.00. The payment of the increased permit fees shall not relieve any person from fully complying with the requirements of this chapter in the performance of the work. Such fee shall defray the expense of enforcement of the provisions of this chapter in such cases. When land development work commences without a permit and results in damage to sensitive biological resources, as defined by CVMC 17.35.030, restoration requirements (including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Development Services, or designee,Planning and Building and the full cost of the restoration shall be borne by the property owner. When land development work is inconsistent with a permit issued pursuant to Chapter 17.35 CVMC and results in damage to sensitive biological resources, as defined by CVMC Page 132 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 17.35.030, restoration requirements (including maintenance and monitoring) shall be imposed at the sole discretion of the Director of Development Services, or designee,Planning and Building and the full cost of the restoration shall be borne by the property owner. The payment of such fees or penalties as described above shall not prevent the imposition of any penalty prescribed or imposed by this chapter, Chapter 1.41 CVMC, or other federal or state law. Section 17.35.030 Definitions. “Biologist” means a person meeting the qualifications as established by the Director of Development Services, or designee,Planning and Building and approved by the same. At a minimum, the person shall have at least a four-year college degree in biology, zoology, botany, wildlife management, or other closely related field, with at least two years’ experience conducting field investigations in San Diego County. “Project area” means an area considered for development and shall include the entire contiguous land under the same ownership or like property interest, or in the case of development proposed by a public agency, the area required for development as determined by the Director of Development Services, or designeePlanning and Building. 17.35.060 Application for HLIT permit. A. General Submittal Requirements. The following are general submittal requirements for all HLIT permits: 1. Submit a completed application form to the City of Chula Vista Development Services DepartmentPlanning and Building Department – planning division. 3. For project areas located in 100 percent conservation areas, 75 to 100 percent conservation areas, development areas outside of covered projects with indicators or the presence of narrow endemic species or wetlands, or as otherwise deemed necessary by the biological survey as determined by the Director of Development ServicesPlanning and Building, or his/her designee, the applicant shall prepare and submit an opportunities and constraints analysis to evaluate the proposed development and its relationship to the sensitive biological resources. The opportunities and constraints identified shall be used to determine the portions of the project area that are most suitable for development and those that should be conserved for biological purposes. The opportunities and constraints analysis shall include: d. Map of the project area at a suitable scale, which includes and clearly delineates, to the satisfaction of the Director of Development Services, or designeePlanning and Building, the following information: 4. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application. Page 133 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda (B)(1)f. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application. (C)(1)f. Any other requirements deemed necessary by the Director of Development Services, or designee,Planning and Building for consideration of the proposed HLIT permit application. Section 17.35.070 Permit process. B. The HLIT permit may be approved, approved with conditions, or denied by the Director of Development ServicesPlanning and Building, or his/her designee, without a public hearing in accordance with CVMC 19.14.030, in the following circumstances: C. For all other HLIT permit applications, the Director of Development ServicesPlanning and Building or, and or his/her designee, may approve, conditionally approve, or deny such permit at a public hearing noticed in accordance with CVMC 19.14.180. The decision Director of Planning and Building decision may be appealed to the City Council in accordance with CVMC 19.14.110 and 19.14.130. Section 17.35.080 Required findings for issuance of an HLIT permit. (C)1. Prior to issuance of a land development permit or clearing and grubbing permit, the project proponent will be required to obtain any applicable state and federal permits, with copies provided to the Director of Development ServicesPlanning and Building, or his/her designee. Section 17.35.110 Mitigation. (A)4. Mitigation for permanent impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be required at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time and the MSCP implementation guidelines. (B)2. Mitigation for impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of Page 134 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, and the MSCP implementation guidelines. (C)2. Mitigation for permanent impacts to narrow endemic species populations shall be determined on a case-by-case basis by the Director of Development ServicesPlanning and Building, or his/her designee, and may include such measures as management, enhancement, restoration and/or transplantation. Mitigation shall be in-kind and mitigation ratios for such measures shall be at a 1:1 to 3:1 ratio depending on the sensitivity of the species and population size and in accordance with Section 5.2.3 of the Chula Vista MSCP subarea plan, as adopted on May 13, 2003, and as may be amended from time to time, and the MSCP implementation guidelines. Section 17.35.140 Emergencies. A. If the emergency work involves only temporary impacts to sensitive biological resources, a HLIT permit is not required, provided the sensitive biological resources are restored to their natural state in accordance with a revegetation plan approved by the Director of Development ServicesPlanning and Building, or his/her designee. The revegetation plan shall be submitted to the City within 60 days of completion of the emergency work. Section 17.35.180 Local coastal program. Prior to issuance of an HLIT permit for any project located within the Chula Vista local coastal plan (LCP) area, the applicant shall obtain a determination of project consistency with the Chula Vista LCP from the Director of Development Services, or designeePlanning and Building. If the project cannot be deemed consistent with the LCP, an LCP amendment must be completed prior to issuance of the HLIT permit. Section 19.04.002 Definitions and construction of terms generally. Unless the context requires otherwise, the definitions codified in this chapter shall be used in the interpretation and construction of this title; and words used in the present tense include the future, the singular number shall include the plural, and the plural the singular; the word “building” shall include the word “structure”; and the word “used” shall include “arranged,” “designed,” “constructed,” “altered,” “converted,” “rented,” “leased,” or “intended to be used”; and the word “shall” is mandatory and not directionary. Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as his/her, or, its representative or agent. Page 135 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.14.270 Procedures for enforcing conditional use permits and variances. (C)3. A general explanation of the matter to be considered including the nature of the recommendation by the Director of Development Services,Planning Director’s or their designee recommendation; Section 19.14.577 Precise plan approval – Modifications of the precise plan. Requests for modifications shall be submitted to the Development Services Director in written form and shall be accompanied by the required filing fee(s) and such additional maps, statements or other information as may be required to support the modificati on. If the proposed modification is deemed by the Development Services Director to be insignificant in nature, the changes may be approved by the Director subject to the filing of a written report to the Planning Commission and City Council. If, in the opinion of the Director of Development Services, or designeePlanning, the proposed changes are significant in scope, the applicant will be notified within 10 days of the written request that a new application and hearing will be required. Section 19.14.830 Initiation application process. C. Materials and Information. The City Manager shall maintain a list specifying the materials and information to be submitted with each initiation application for a land use plan amendment or a rezone. The list may be revised on a quarterly basis or as needed to comply with revisions to local, state, or federal law, regulation, or policy. The subject list shall be available at the Development Services Division of the Planning Department and shall apply to all applications submitted. Section 19.28.160 Landscaping. All landscaping in the R-3 zone shall conform to the requirements as specified in the landscaping manual of the City and as approved by the Director of Development Services,Planning or designee. Section 19.30.150 Landscaping. All landscaping in the C-O zone shall conform to the requirements as specified in the landscape manual and approved by the Director of Development Services, or designeePlanning. Any parking visible from the street shall be screened with an appropriate screen not less than four feet in height or a masonry wall of three and one-half feet in height. Section 19.34.210 Landscaping. The site shall be landscaped in conformance with the landscape manual of the City, and approved by the Director of Development ServicesPlanning or designee. Page 136 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.36.090 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City and approved by the Director of Development Services or designeePlanning. Section 19.38.080 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development ServicesPlanning or designee. Section 19.40.080 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development Services or designee.Planning. Section 19.46.120 Landscaping. The site shall be landscaped in conformance with the landscaping manual of the City, and approved by the Director of Development Services or designee.Planning. Section 19.48.040 Application – General development plan required – Contents required. (B)(6)d. Where recreational facilities are proposed to be located in CPF land use districts, a CPF master plan is required. The master plan shall show the specific boundaries of said plan which may be the SPA, GDP or planned community boundaries (or more than on e GDP as deemed appropriate by the Director of Planning and BuildingDirector of Development Services, or designee); the distribution of existing and proposed CPF designated parcels within the master plan area; and the tabulation of individual sites acreages which shall be prepared and incorporated into the planned community’s sectional planning area (SPA) plan and into the general development plan (GDP) if the CPF master plan involves more than one SPA plan. The incorporation of the CPF master plan into the SPA or GDP shall be done through a SPA or GDP amendment/adoption pursuant to CVMC 19.48.090 and 19.48.130. Section 19.48.090 Sectional planning areas and sectional planning area plans – Requirements and content. (C)1. A site utilization plan of the sectional planning area at a scale of one inch equals 200 feet minimum or as determined by the Director of Development Services, or designee Planning. The plan shall extend a minimum of 300 feet beyond the boundaries of the sectional planning area and show the following: Section 19.52.020 Permitted uses – Approval required – Application – Planning Commission and City Council action. Page 137 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B. An application for approval shall be filed with the Planning Department in a manner prescribed by the Planning Commission and shall contain sufficient data and information to assure a full presentation of the proposed use and the type of improvements and structures to be constructed. The Director of Development Services, or designee,Planning shall, at the earliest possible date, forward the application to the Planning Commission and thereafter to the City Council. Failure of the Planning Commission and the City Council to act on said application within 20 days of the submission date shall be deemed approvedal of the application as submitted. The Planning Commission and the City Council may approve, conditionally approve, or disapprove such applications. No continuance or extension of time beyond the periods set forth herein shall be permitted except upon the stipulation of the applicant. Section 19.56.230 H hillside modifying district – Method for computing average natural slope – Formula. Using a scale and contour interval deemed appropriate by the Director of Development Services, or designeePlanning, the applicant shall show the boundaries of his site, proposed land uses and acreages of each land use, and the average natural slope of the residential acreage of the site, using the following formula: Section 19.58.042 Carnivals and circuses. D. The site shall be cleared of weeds and obstructions. Fire regulations shall be met as established by the fire marshal including inspection prior to opening. Security guards as required by the Police Department shall be provided. Uniformed parking attendants are to be determined by the Traffic Engineer. The number of sanitary facilities shall be as determined by the Development Services Department of Planning and Building. All electrical installations shall be inspected and approved by the Development Services Department of Planning and Building. Section 19.58.055 Auctions of vehicles, heavy machinery and equipment. E. All areas shall be properly paved, striped and improved to City standards, and screened to the satisfaction of the City Engineer and the Director of Development Services, or designee)Planning. Section 19.58.090 Club, country – Golf course. C. Swimming pools, tennis courts, and the like shall be located not less than 25 feet from any property line, and when adjoining property in an R or C zone, shall be effectively landscaped, subject to the approval of the Director of Development Services or designeePlanning and Building. Page 138 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.58.130 Dwelling groups. J. Development proposed on existing natural topography having an average natural slope of 10 percent or greater, and with less than 10 percent of the site to be graded, shall be subject to the approval of the Director of Development Services Planning or designee, who shall consider whether such development will adversely affect adjacent properties or development. N. The development shall be subject to site plan and architectural approval of the Director of Development Services or designee Planning. Section 19.58.142 Electrical generating facilities. (B)12. All development shall be subject to site plan and architectural approval through the Director of Development Services or designee. Section 19.58.178 Hazardous waste facilities. D. Notice of Intent To Apply – Application for a Land Use Decision – Completeness of Application. 1. Pursuant to the provisions of State Health and Safety Code Section 25199.7(a) and (b), at least 90 days before filing an application for a conditional use permit for a hazardous waste facility, the applicant shall file with the Planning Department and with the Office of Permit Assistance in the State Office of Planning and Research a notice of intent (NOI) to make the application. The NOI shall be on such form as approved by the Director of Development Services, or designeePlanning, and shall specify the project location to which it applies, and contain a complete description of the nature, function, and scope of the project. 5. Within 30 days of the filing of the NOI, the applicant shall schedule a preapplication conference with the Planning Department to be held not later than 45 days thereafter, at which time the applicant and the Planning Department shall discuss information and materials necessary to evaluate the application. Within 30 days after this meeting, the Director of Development Services, or designee,Planning shall inform the applicant, in writing, of all submittals necessary in order to deem the conditional use permit application complete. 6. The applicant may not file an application for a conditional use permit unless the applicant has first complied with the above items, and presented the required application fee. Furthermore, said application shall not be considered and acted upon until it is deemed complete as provided by CVMC 19.14.070, and until all materials necessary to evaluate the application as set forth by the Director of Development Services, or designee,Planning pursuant to subsection (D)(5) of this section have been received and accepted as to content. Page 139 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.58.320 Tract office, temporary. B. If alterations are needed in the initial conversion from a house to a temporary office, the following shall be done: a $250.00 penal bond shall be filed with the City Clerk to assure said work will be completed. Upon a recommendation from the Director of Development Services, or designeePlanning and Building or his authorized deputy, hethey shall approve or reject the final alteration work. Section 19.58.330 Trailers. B. It is unlawful to use a trailer, excluding commercial coach units, as a business office in any zone; except, that a general contractor and/or property owner or lessee may obtain a temporary permit for the parking of one or more mobilehomes, motor homes, campers or travel trailers for watchmen, supervisory or other special personnel, or for use as a temporary office at or immediately adjoining a major construction site upon commencement of such construction. Any such permit shall be issued only by the Director of Development Services, or designee, Planning and Building of the City after an application, in writing, is submitted by the general contractor specifying: Section 19.58.340 Recycling and solid waste storage. A. All subdivisions or any new construction requiring a building permit and costing more than $20,000 to construct (“qualifying project”) shall include adequate, accessible, and convenient areas dedicated for the accumulation, temporary storage and removal of designated recyclables and solid waste. These recycling and solid waste areas shall be enclosed within a minimum five-foot-high masonry wall or higher if deemed necessary by the Director of Development Services, or designee, Planning to adequately screen the area, built to standards adopted by the City for a freestanding wall (No. 4 steel and fully grouted) and shall be designed to accommodate the containers used by the recycling and solid waste service company contracted with the City. A wooden enclosure may be substituted for a wall in the C-O zone and multiple-family zones by the Development Services Director of Development Services, or designee. D. The precise location of any recycling and solid waste area shall be approved by the Director of Development Services, or designee,Planning upon review of the site plan. Recycling and solid waste areas shall be accessible and convenient to both the occupants and franchise hauler and shall only be used for the temporary storage, collection and loading of solid waste and recyclables. Section 19.58.350 Commercially zoned double frontage lots. B. A six-foot-high decorative masonry wall shall be constructed across the entire width of the parcel at a minimum of 10 feet behind the edge of the sidewalk or as otherwise designated by the Zoning Administrator. The design of the wall shall be uniform Page 140 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda throughout the area in which located, and such design shall be subject to the approval of the Director of Development Services, or designeePlanning. C. The area between the wall and the edge of the sidewalk shall be permanently landscaped. Such landscaped area shall be provided with an automatic irrigation system and shall be permanently maintained and kept free of debris. A landscape plan shall be submitted to the Development Services Director of Development Services, or designee, for approval prior to any planting. F. If new or enlarged commercial development occurs adjacent to the existing dwelling units which face a local street, a fence separating the property shall also be constructed on the side lot line, the length of such fence to be determined by the Development Services Director of Development Services, or designee. Such a fence may be of wood construction. Section 19.58.370 Outside sales and display – Permanent and temporary. (B)(1)i. Only merchandise customarily sold on the premises shall be considered for temporary outside sales and display; provided, that all other requirements of this section are met, the Director of Development Services, or designee, shall make an exception for temporary holiday sales (e.g., Christmas tree and pumpkin patch lots). Section 19.58.400 Recreational vehicle storage yards. An application to establish a recreational vehicle (RV) storage yard (storage area for motorhomes, camping trailers, boats and other recreation equipment) shall address the following issues: (1) height limit for stored items, (2) screening (landscaping and fencing), (3) surfacing, (4) access to the site, (5) office facilities, (6) customer parking, (7) lighting, (8) hours of operation, (9) security, (10) signing, (11) surrounding land uses and structures. The application shall also be accompanied by a comprehensive list of items which would be eligible for storage. Any subsequent additions to the list shall be subject to the approval of the Development Services Director of Development Services, or designee. Section 19.60.060 Definitions. “Director” means the City of Chula Vista Director of Development Services, or such Director’s designee.Planning and Building or such Director’s designee. Section 19.60.810 Processing of applications. B. Completeness. The Zoning Administrator shall determine whether the application contains all the information and items required by this chapter. If it is determined that the application is not complete, the applicant shall be notified in person or in writing within 30 days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant shall then have 30 calendar days to submit additional information Page 141 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda to render the application complete; failure to do so within the 30-day period shall render the application void. Within 30 days following the receipt of an amended application or supplemental information, the Planning Director, or designee, shall again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification shall occur as provided above until such time as the application is found to be complete (the “application date”). F. Decisions. Where an application is denied by the Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, the applicant shall be informed in writing of the changes necessary in order to approve the application. If the applicant chooses to amend the application to reflect said changes, the Zoning Administrator shall grant the permit within 30 days of when a complete and conforming application is submitted. I. Multiple Sign Applications. When an application proposes two or more signs, the application may be granted either in whole or in part, with separate decisions as to each proposed sign. When an application is denied in whole or in part, the Director or their designee’s written notice of determination shall specify the grounds for such denial. J. Revocation or Cancellation. The Director, or designee, shall revoke any approval upon refusal of the holder thereof to comply with the provisions of this chapter after written notice of noncompliance and at least 15 days’ opportunity to cure. Section 19.66.030 Applicability and scope of provisions. Only those uses specified in the industrial zones as subject to performance standards, and uses accessory thereto, are subject to performance standards review procedures specified in this chapter in obtaining a zoning permit, unless either the Building Inspector, or, the Director of Development Services, or designee,Planning has reasonable grounds to believe that any other proposed use, regardless of zone, is likely to violate performance standards, in which event the applicant shall comply with the performance standards procedures. Section 19.68.030 Exterior noise limits. (A)3. Where doubt exists when making identification of receiving land use, the Director of Development Services, or designee,Planning and Building may make an interpretation. Section 19.68.070 Exceptions. B. Any person seeking exceptions pursuant to this section shall file an application with the Director of Development Services, or designeePlanning and Building. The application shall be submitted and processed in the same manner as conditional use permits. The application shall contain information which demonstrates that bringing the source of sound or activity for which the exception is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community, or on other persons. Page 142 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.68.078 Enforcement. B. Environmental Noise. 1. Classification of Environmental Noise. The enforcement officer shall determine that any given obtrusive noise condition that falls within the definition of environmental noise disturbance, pursuant to CVMC 19.68.020, is an environmental noise. The enforcement officer may use Appendix A in CVMC 19.68.090, as an aid in making such determinations. The Director of Development Services, or designee,Planning and Building may make determinations classifying noise sources not specifically mentioned in Appendix A. 2. Responsibility. The Planning and Building Director of Development Services, or designee, shall be responsible for investigation and enforcement of environment al noise disturbances. 3. Guidelines. The Planning and Building Director of Development Services, or designee, may, from time to time, promulgate guidelines for administration and enforcement of the provisions of this chapter pertaining to noise violations. C. Nuisance Noise. 1. Classification of Nuisance Noise. The Chief of Police shall determine that any given obtrusive noise condition that falls within the definition of nuisance noise disturbance, pursuant to CVMC 19.68.020, is a nuisance noise. The Chief of Police may use Appendix A as an aid in making such determinations. At the request of the Chief of Police, the Director of Development Services, or designee,Planning and Building may make determinations for classifying nuisance noise sources not specifically mentioned in Appendix A. Section 19.69.090 Financial assurances for reclamation. E. Revisions to financial assurances shall be submitted to the Director of Development Services, or designee,Planning and Building each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall explain, in writing, why revisions are not required. Section 19.69.110 Modification to approved surface mining operation. An approved conditional use permit, reclamation plan, or any conditions thereof, may be revised or modified in the same manner as provided for a new application, including the requirement for environmental impact review. Requests for minor modifications may be submitted to the Director of Development Services, or designeePlanning and Building. If Page 143 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda in the Director’s sole determination the requested modification is in substantial conformance with approved plans, the Director may approve said modification. Page 144 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #4 - Removal of CVRC and DRC 2.24.030 Implementation of Redevelopment Agency functions in designated areas by Chula Vista Redevelopment Corporation. In accordance with Chapter 2.55 CVMC, and notwithstanding any provision of this chapter, the Chula Vista Redevelopment Corporation shall carry out those duties of the Redevelopment Agency as set forth in CVMC 2.55.050 and 2.55.060 within those geographic areas of the City that the City Council designates as areas within which the Chula Vista Redevelopment Corporation has the authority to exercise planning and redevelopment functions. (Ord. 3009 § 1, 2005). Section 19.14.020 Zoning Administrator – Creation of position – Authority. A. In order to relieve the Planning Commission, the Historic Preservation Commission or Chula Vista Redevelopment Corporation, within designated redevelopment project areas, of certain routine functions necessary to the proper administration of this chapter, a Zoning Administrator is created. Section 19.14.070 Conditional use permit – Application – Fee – Public hearing. B. In the case of hazardous waste facilities as defined in CVMC 19.04.107, applications for conditional use permits or modifications thereto shall be made pursuant to CVMC 19.58.178, and shall be considered by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, with a recommendation to be forwarded to the City Council for final review and action. The requirements of CVMC 19.14.090 shall apply to both the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, recommendation and the City Council resolution, with the following modifications: (B)2. The decision of the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, shall constitute a recommendation only, and shall neither be a final decision nor subject to appeal. Section 19.14.080 Conditional use permit – Prerequisites for granting. After the public hearing, the Zoning Administrator, or as the case may be, Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, may, by resolution, grant a conditional use permit if it finds from the evidence presented at said hearing that all of the following facts exist: Page 145 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.14.090 Conditional use permit – Public hearing procedure – Finding of facts. Not more than 10 business days following the decision, the decision maker, whether Zoning Administrator, or Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, shall make a written finding specifying the acts relied upon in rendering said decision, fully setting forth the facts and circumstances that fulfill or fail to fulfill the requirements of this section and CVMC 19.14.080, and, in situations where approval was granted, the conditions and safeguards deemed necessary and desirable for such approval. A copy of this written finding of facts shall be filed with the Development Services Director and mailed to the applicant. The decision shall become final on the eleventh day following the decision, except where appeal is taken as provided herein. Section 19.14.260 Conditional use permit or variance – Time limit for utilization – Void when – Extensions – Validity. C. Application for an Extension. Prior to the expiration of a permit, the appropriate decision maker, whether the Zoning Administrator, or the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, whichever heard the original application, may grant an extension of time contained in a then-current and valid variance or conditional use permit without a public hearing upon written request of the property owner; provided, that: Section 19.14.270 Procedures for enforcing conditional use permits and variances. (H)2. If the permitting authority is the Planning Commission or Chula Vista Redevelopment Corporation, an appeal shall be filed with the City Council; Section 19.20.040 Conditional uses. The following uses shall be permitted in the A zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.22.040 Conditional uses. The following uses shall be permitted in the R-E zone,; provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Page 146 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.24.040 Conditional uses. The following uses shall be permitted in the R-1 zone;, provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.26.040 Conditional uses. The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020. Section 19.28.040 Conditional uses. The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.34.030 Conditional uses. The following uses shall be permitted in the C-N zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.36.030 Conditional uses. The following uses shall be permitted in the C-C zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.38.030 Conditional uses. The following uses shall be permitted in the C-V zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Page 147 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.40.030 Conditional uses. The following uses shall be permitted in the C-T zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.42.040 Conditional uses. The following uses shall be permitted in the I-R zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.44.040 Conditional uses. The following uses shall be permitted in the I-L zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.46.040 Conditional uses. The following uses shall be permitted in the I zone; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation if located within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.47.040 Conditional uses. The following uses shall be permitted in the P-Q zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation if located within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: Section 19.60.510 Commercial – Administrative and professional office (C-O) zone. F. The Design Review Committee Zoning Administrator may reduce sign areas and height below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Page 148 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.60.530 Neighborhood commercial (C-N) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.540 Central commercial (C-C) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.550 Visitor commercial (C-V) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.560 Commercial thoroughfare (C-T) zone. G. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.570 Industrial research (I-R) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.580 Limited industrial (I-L) zone. E. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized above based on the sign guidelines and criteria contained in the design manual, without consideration of the graphic design of the copy or message displayed on the sign. Page 149 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.60.590 General industrial (I) zone. D. The Design Review Committee Zoning Administrator may reduce sign areas below those authorized consideration of the graphic design of the copy or message displayed on the sign. Section 19.60.810 Processing of applications. D. Method of Review. The method of review is standard compliance review. The Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, shall determine whether approval shall be granted for any sign based on its conformance with the regulations and design standards set forth herein and in the City design manual, without consideration of the graphic design of the copy or message displayed on the sign. F. Decisions. Where an application is denied by the Zoning Administrator, or the Design Review Committee, Planning Commission or City Council on appeal, the applicant shall be informed in writing of the changes necessary in order to approve the application. If the applicant chooses to amend the application to reflect said changes, the Zoning Administrator shall grant the permit within 30 days of when a complete and conforming application is submitted. 19.62.100a Parking areas – Surfacing requirements – Waiver permitted when. Any off-street parking areas shall be surfaced in accordance with CVMC 19.62.100b, Surfacing standards for private vehicular areas, so as to provide a durable and dustless surface, and shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide the orderly and safe loading or unloading and parking and storage of vehicles. The Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, may by resolution, waive or modify the standards for any use within the agricultural zone, or any use deemed as temporary (operating for a maximum of one year); provided, however, such temporary use shall be done in accordance with the surfacing standards noted in CVMC 19.62.100b(A). 19.62.100b Surfacing standards for private vehicular areas. Areas upon private property which are required to be surfaced per the various City regulations, or pursuant to conditional approval of the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, shall be surfaced in accordance with the requirements contained herein and with the standard specifications for public works construction and any amendments or supplements thereto, including the San Diego regional supplement amendments and the City of Chula Vista standard special provisions. Such requirements shall apply to all areas to be surfaced for the movement, parking or storage of vehicles except as specifically noted. Page 150 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.62.130 Waiver or modification of provisions permitted when. The Planning Commission or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area may, by resolution, waive or modify the provisions as herein set forth, establishing required parking areas for such uses as electrical power generating plants, electrical transformer stations, utility or corporation storage yards or other uses requiring a very limited number of persons as compared to the number of persons required by the usual industry of comparable size expressed in square footage. Page 151 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #5 – Juneteenth Parking Holiday Section 10.08.110 Holidays. “Holidays,” within the meaning of this chapter, are: A. January 1st, known as New Year’s Day. B. The third Monday in January, known as Dr. Martin Luther King, Jr. Day. C. February 12th, known as Lincoln’s birthday. D. The third Monday in February, known as Washington’s birthday. E. March 31st, known as Cesar Chavez Day. F. The last Monday in May, known as Memorial Day. G. June 19th, known as Juneteenth. GH. July 4th, known as Independence Day. HI. The first Monday in September, known as Labor Day. IJ. September 9th, known as Admission Day. JK. November 11th, known as Veterans Day. KL. The fourth Thursday in November, known as Thanksgiving Day. LM. The fourth Friday in November, the day after Thanksgiving Day. MN. December 25th, known as Christmas Day. Page 152 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #6 – Removal of Definition Section Numbers Within Title 19 (Planning & Zoning) Chapter 19.04 (DEFINITIONS) Sections: 19.04.002 Definitions and construction of terms generally. 19.04.004 Access. 19.04.006 Accessory use or structure. 19.04.007 Adult bookstore. Repealed. 19.04.007A Adult motion picture theater. Repealed. 19.04.007B Adult mini-motion picture theater. Repealed. 19.04.008 Agent of owner. 19.04.010 Agriculture. 19.04.012 Alley. 19.04.013 Amusement facility. 19.04.014 Apartment, efficiency. Repealed. 19.04.015 Auction. 19.04.016 Automobile dismantling. 19.04.018 Automobile or trailer sales area. 19.04.020 Automobile repair, major. 19.04.022 Automobile maintenance and repair, minor. 19.04.024 Automobile service station. 19.04.026 Basement. 19.04.028 Beginning of construction. 19.04.030 Block. 19.04.032 Boardinghouse or lodginghouse. 19.04.034 Boatel. 19.04.035 Body painting studio. Repealed. 19.04.036 Building. 19.04.038 Building, height of. 19.04.039 Building, high rise. 19.04.040 Building line map. 19.04.042 Building, main. 19.04.044 Bulkhead. 19.04.045 Carnival. 19.04.046 Carport. 19.04.047 Cabaret. Repealed. 19.04.048 Cellar. 19.04.050 Chula Vista General Plan. 19.04.051 Coin-operated adult entertainment facility. Repealed. 19.04.052 Commission. 19.04.054 Communication equipment building or use. Page 153 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.055 Community purpose facility. 19.04.056 Council. 19.04.058 Court. 19.04.060 Coverage. 19.04.062 Crop and tree farming. 19.04.063 Dance floor. 19.04.064 Day nursery. 19.04.065 Day spa. 19.04.066 Development unit. 19.04.068 Distance between residential structures. 19.04.070 Dock. 19.04.072 Driveway. 19.04.074 Dwelling. 19.04.076 Dwelling group. 19.04.078 Dwelling, single-family. 19.04.080 Dwelling, two-family or duplex. 19.04.082 Dwelling, multiple. 19.04.084 Dwelling, townhouse. 19.04.086 Dwelling unit. 19.04.087 Dwelling, accessory dwelling unit. 19.04.088 Efficiency living unit. 19.04.089 Electrical generating facilities. 19.04.089.2 Emergency shelter. 19.04.090 Essential services. 19.04.092 Family. Repealed. 19.04.093 Family day care. 19.04.094 Family day care home, large. 19.04.095 Family day care home, small. 19.04.096 Filling station. 19.04.097 Floor area ratio (residential). 19.04.098 Full-time foster home. 19.04.100 Garage, private. 19.04.102 Garage, public. 19.04.104 General development plan. 19.04.106 Guest house. 19.04.107 Hazardous waste facility. 19.04.108 Home occupation. 19.04.110 Hospital. 19.04.112 Hotel/motel. 19.04.114 Houseboat. 19.04.116 Junkyard. 19.04.118 Kennel. 19.04.120 Kitchen or kitchenette. 19.04.122 Landscape manual. 19.04.124 Landscaping. Page 154 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.126 Lot. 19.04.128 Lot area. 19.04.130 Lot, corner. Lot Coverage. 19.04.132 Lot depth. 19.04.134 Lot, interior. 19.04.136 Lot line, front. 19.04.138 Lot line, interior. 19.04.140 Lot line, rear. 19.04.142 Lot line, side. 19.04.144 Lot line, street or alley. 19.04.146 Lot lines. 19.04.148 Lot of record. 19.04.150 Lot, through. 19.04.152 Lot width. 19.04.153 Massage parlor. 19.04.154 Mobilehome. 19.04.155 Model studio. Repealed. 19.04.156 Motor hotel, including motel and hotel. Repealed. 19.04.157 Narcotic or drug paraphernalia shop. 19.04.158 Nonconforming structure. 19.04.160 Nonconforming use. 19.04.162 Nursing home. 19.04.164 Off-shore. 19.04.166 On-shore. 19.04.168 Open space, usable. 19.04.169 Park. 19.04.170 Parking area, private. 19.04.172 Parking area, public. 19.04.174 Parking space. 19.04.176 Performance standards. 19.04.178 Permitted use. 19.04.179 Pet shop. 19.04.180 Pharmacy, prescription. 19.04.182 Planned development permit. 19.04.184 Poultry farm. 19.04.188 Prescription pharmacy. 19.04.190 Public/quasi-public. 19.04.191 Qualified employee housing. 19.04.192 Recreation, commercial. 19.04.194 Recreation, private, noncommercial. 19.04.196 Recreation, public. 19.04.197 Religious institution. 19.04.197.1 Residence, single room occupancy (SRO). 19.04.198 Residential density. Page 155 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.198.1 Residential facility. 19.04.199 Salvage yard. 19.04.200 Satellite dish antenna. 19.04.200.1 School. 19.04.201 Senior housing development. 19.04.202 Service station. 19.04.204 Setback. 19.04.205 Sexual encounter studio. Repealed. 19.04.205.1 Sexually explicit material. Repealed. 19.04.206 Shoreline. 19.04.208 – 19.04.268 Repealed. 19.04.270 Specified anatomical area. Repealed. 19.04.271 Specified sexual activity. Repealed. 19.04.272 Stable, private. 19.04.274 Stable, riding. 19.04.276 Story. 19.04.278 Story, first. 19.04.280 Story, half. 19.04.282 Story, mezzanine. 19.04.284 Street. 19.04.286 Street, private. 19.04.288 Structural alteration. 19.04.290 Structure. 19.04.290.1 Supportive housing. 19.04.291 Surface mining operations. 19.04.292 Tideland. 19.04.294 Townhouses. 19.04.296 Trailer camp, trailer park or mobilehome park. 19.04.298 Trailers. 19.04.299 Transitional housing. 19.04.300 Underwater land. 19.04.302 Usable open space. 19.04.304 Unified control. 19.04.306 Waterfront land. 19.04.308 Yard, front. 19.04.310 Yard, front, least depth. 19.04.312 Yard, front, least depth – How measured. 19.04.314 Yard, rear. 19.04.316 Yard, rear, least depth. 19.04.318 Yard, side. 19.04.320 Yard, side, least width. 19.04.322 Yard, side, least width – How measured. 19.04.324 Zone. 19.04.326 Zoning map. 19.04.328 Zoning permit. 19.04.330 Zoning wall or fence. Page 156 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Whenever any of the following terms is used, it shall mean the corresponding officer, department, board or commission of Chula Vista, herein referred to as the City: “Assessor,” “City Council” (or “Council”), “City Planning Commission” (or “Commission”), “Director of Public Works,” “Director of Development ServicesPlanning,” “Zoning Administrator,” or “Building Inspector.” In each case, the term shall be deemed to include an employee of any such officer or department of the City who is lawfully authorized to perform any duty or exercise any power as his or its representative or agent. 19.04.004 Access. “Access” means an opening in a fence, wall or structure, or a walkway or driveway, permitting pedestrian or vehicular approach to or within any structure or use. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.006 Accessory use or structure. “Accessory use or structure” means a use or structure subordinate to the principal use of a building on the same lot, and serving a purpose customarily incidental to the use of the principal building. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.007 Adult bookstore. Repealed by Ord. 3316 § 2, 2014. 19.04.007A Adult motion picture theater. Repealed by Ord. 3316 § 2, 2014. 19.04.007B Adult mini-motion picture theater. Repealed by Ord. 3316 § 2, 2014. 19.04.008 Agent of owner. “Agent of owner” is any person who can show certified written proof that he is acting for the property owner. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.010 Agriculture. “Agriculture” means the use of the land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, apiaries, animal husbandry (excluding swine); incidental to other agricultural uses; and the necessary accessory uses for storing produce and qualified employee housing; provided, however, that the operation of any such accessory use shall be secondary to that of primary uses and shall not include stockyards or the commercial feeding of garbage or offal to animals. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.012 Alley. “Alley” means a public or private way not more than 30 feet wide, which affords only secondary access to abutting property. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.013 Amusement facility. “Amusement facility” means a place of amusement or entertainment wherein are found games, rides (animal or mechanical), coin-operated or token-operated machines or devices (e.g., video and pinball), shooting galleries, movies or entertainment machines and other Page 157 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda games of skill or chance offered to the public. This definition does not include vending, photocopying, laminating and photo machines. A. “Amusement arcade or center” means a facility wherein are found games, coin - operated or token-operated machines or devices (e.g., video and pinball machines) of skill, chance or entertainment offered to the public. B. “Amusement park” means an amusement facility encompassing several acres of land and may include other commercial activities such as restaurants, retail stores and services. C. “Amusement games or machines as accessory uses” means not more than three coin- operated or token-operated machines, rides or devices (e.g., video, pinball, mechanized rides and other electronic games) within any commercial retail or service establishment, and provided they do not constitute more than five percent of the floor area of the establishment. (Ord. 2053 § 1, 1983). 19.04.014 Apartment, efficiency. Repealed by Ord. 3442 § 2(B), 2018. 19.04.015 Auction. “Auction” means the auctioning and sale of merchandise and equipment to the highest bidder, but excluding auction rooms and livestock auctioning. (Ord. 2584 § 3, 1994). 19.04.016 Automobile dismantling. For “automobile dismantling,” see “junkyard”. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.018 Automobile or trailer sales area. “Automobile or trailer sales area” means an open area, other than a street or an alley, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.020 Automobile repair, major. “Major automobile repair” means general repair, rebuilding, and reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender repair; and overall painting. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.022 Automobile maintenance and repair, minor. “Minor automobile maintenance and repair” means general lubrication services, engine tune-up, and replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including other operations named under “automobile repair, major” or similar thereto as determined by the Commission. (Ord. 2633 § 3, 1995; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.024 Automobile service station. “Automobile service station” means an establishment engaged in the sale of motor fuel dispensing devices directly into motor vehicles. In addition, other services may be Page 158 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda performed such as tube and tire repair, battery charging, storage of merchandise to be sold on the premises as permitted herein, lubricating of automobiles, and automobile washing, not including mechanical wash, and minor repairs. (Ord. 2162 § 1, 1986; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.026 Basement. “Basement” means a story whose floor is more than 12 inches below the average level of the adjoining ground, but where no more than one-half of its floor-to-ceiling height is below the average contact level of the adjoining ground, as distinguished from a “cellar” which is a story where more than one-half of its floor-to-ceiling height is below the average level of the adjoining ground. A basement, when usable as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.028 Beginning of construction. “Beginning of construction” means the demolition, elimination and removal of an existing structure preparatory to new construction, or the incorporation of labor and materials in the foundation of a building or buildings. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.030 Block. “Block” means a tract of land bounded by streets, dead-ends of streets, railroad rights-of- way, watercourses, large tracts of land in uses such as parks and golf courses, or a City boundary. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.032 Boardinghouse or lodginghouse. “Boardinghouse or lodginghouse” means a dwelling or part thereof (not including rest homes, convalescent homes, bed care, supervision and other special care, such as counseling), where meals and/or lodging are provided (but not separate cooking facilities) for compensation and with not more than five guest rooms and 10 persons total. (Ord. 2034 § 1, 1983; Ord. 1697 § 1, 1976; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.034 Boatel. “Boatel” means any hotel or motor hotel provided with landing facilities to accommodate boats or other vessels. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.035 Body painting studio. Repealed by Ord. 3316 § 2, 2014. 19.04.036 Building. “Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.038 Building, height of. “Height of building” means the vertical distance from the average contact ground level of the building to the highest point of the coping of a flat roof or to the deck line of a mansard Page 159 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda roof or the mean height level between eaves and ridge for gable, hip or gambrel roofs. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.039 Building, high rise. “High rise building” means any structure which is five stories or more in height. (Ord. 1689 § 1, 1976). 19.04.040 Building line map. The front yards of all lots and side yards along the street side of a reversed corner lot are shown upon a map on file in the Planning Department, and made a part of this title, being designated as the “building line map,” and such map and all notations, references and other information shown thereon shall be as much a part of this title as if the matters and information set forth by such map were all fully described herein. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.042 Building, main. “Main building” means a building in which is conducted the principal use of the building site on which it is situated. In any residential zone, any dwelling shall be deemed to be a main building on the building site on which it is located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.044 Bulkhead. “Bulkhead” means a structure, including riprap or sheet piling, constructed to separate land and water and establish a permanent shoreline. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.045 Carnival. “Carnival” means a traveling enterprise offering amusements with organized entertainment or exhibits and includes mechanical rides. (Ord. 2075 § 1, 1984). 19.04.046 Carport. “Carport” means a private garage, as defined herein, which is designed to be open on one or more sides. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.047 Cabaret. Repealed by Ord. 3316 § 2, 2014. 19.04.048 Cellar. “Cellar” means a story where more than one-half of its floor-to-ceiling height is below the average contact ground level of the adjoining ground. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.050 Chula Vista General Plan. “Chula Vista General Plan” means the General Plan for the City, as adopted by the City Council on September 22, 1964, and as amended from time to time. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 160 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.051 Coin-operated adult entertainment facility. Repealed by Ord. 3316 § 2, 2014. 19.04.052 Commission. “Commission” means the City Planning Commission of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.054 Communication equipment building or use. “Communication equipment building or use” means a building or lot housing electrical and mechanical equipment necessary for the conduct of a public communications business with or without necessary personnel. For the purpose of this title, a communication equipment building or use shall be considered a quasi-public use, where such use is referred to in the zoning regulations. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.055 Community purpose facility. “Community purpose facility” means a land use designation in a planned community intended for nonprofit and certain for-profit land uses as listed in CVMC 19.48.025(C). (Ord. 2883 § 5, 2002; Ord. 2830 § 5, 2001; Ord. 2732 § 5, 1998; Ord. 2452A § 1, 1991). 19.04.056 Council. “Council” means the City Council of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.058 Court. “Court” means a yard on the same lot with a building which is bounded on two or more sides by the exterior walls of buildings on the same lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.062 Crop and tree farming. “Crop and tree farming” means the raising for commercial purposes of any truck, field or orchard crops or wholesale nurseries or greenhouses, including necessary buildings incidental to such crop and qualified employee housing. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.063 Dance floor. “Dance floor” shall mean a defined floor area located within a business establishment designed for the purpose of dancing by patrons of the establishment. (Ord. 3316 § 3, 2014). 19.04.064 Day nursery. “Day nursery” means day nurseries for working mothers; nursery schools for children under the minimum age of admission to public schools; parent-cooperative nursery schools; play groups for preschool children; programs giving afterschool care to school children; and all other types of group day care programs. The term “day nursery” does not include family day care homes; facilities offering 24-hour care; or regular elementary Page 161 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda schools which offer educational programs only. (Ord. 1494 § 6, 1973; prior code § 33.1401). 19.04.065 Day spa. “Day spa” means a business which provides a variety of services for the purpose of improving health, beauty and relaxation through personal care treatments. Treatments may include foot and body massage; facials; waxing; body wraps; salt scrubs; manicures; pedicures; aromatherapy; moxibustion; ear candling; and guasha (scraping), or other similar treatments. (Ord. 3316 § 3, 2014). 19.04.066 Development unit. “Development unit” means that portion, along with the uses contained therein, of a planned community district which is proposed for development at one time and under one planned development permit. Development units may consist of portions of a planned community district or of the entire district. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.068 Distance between residential structures. “Distance between residential structures” means the shortest horizontal distance between the vertical walls of two residential structures as herein defined. Location of points of measurement are subject to the exceptions contained in CVMC 19.16.060. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.070 Dock. “Dock” means a landing pier for boats; a wharf; or a structure supported by pilings or floats in such a manner as to allow free flow of water beneath said structure and in which any buildings constructed thereon are incidental to the use of said structure as a wharf or landing pier. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.072 Driveway. “Driveway” means a private road, the use of which is limited to persons residing, employed or otherwise using or visiting the parcel on which located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.074 Dwelling. “Dwelling” means any building or portion thereof designed or used exclusively as the residence of one or more persons, but not including a hotel/motel, tent, cabin, trailer or mobile home. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.076 Dwelling group. “Dwelling group” means a group of two or more detached buildings used for dwelling purposes located on a parcel of land in one ownership and having any yard or court in common. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.078 Dwelling, single-family. “Single-family dwelling” means a building designed for or used exclusively for residence purposes by one family or housekeeping unit. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 162 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.080 Dwelling, two-family or duplex. “Two-family or duplex dwelling” means a building designed for or used exclusively for residence purposes by two families or housekeeping units, living independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.082 Dwelling, multiple. “Multiple dwelling” means a building or portions thereof designed for or used exclusively for residence purposes by three or more families or housekeeping units, living independently of one another. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.084 Dwelling, townhouse. “Townhouse dwelling” means an attached or semi-attached building containing a single dwelling unit and located or capable of being located on a separate lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.086 Dwelling unit. “Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.087 Dwelling, accessory dwelling unit. “Accessory dwelling units or junior accessory dwelling units” are independent living facilities of limited size that provide permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling. This includes efficiency units and manufactured homes, in conformance with the requirements for such units as defined in State Government Code Section 65852.2. (Ord. 3423 § 2, 2018; Ord. 2897 § 1, 2003). 19.04.088 Efficiency living unit. “Efficiency living unit” means a dwelling unit for occupancy, which has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities and shall have the same meaning as “Efficiency Unit” as defined in Section 17958.1 of the California Health and Safety Code. (Ord. 3442 § 2(B), 2018; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.089 Electrical generating facilities. “Electrical generating facilities” is a collective term of reference for each of the following individually defined sub-types: A. Base Load Facility. A “base load facility” means an electrical generating facility that is intended to run constantly at near capacity levels. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors right-of-way. Base load facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. Page 163 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B. Peaking Facility. A “peaking facility” means an electrical generating facility that is used to produce extra electricity during peak load times and is permitted to operate not more than 4,000 hours per year. This sub-type includes generating facilities that transmit electricity over transmission or distribution power lines using the public right-of-way and investor-owned utility transmission corridors. Peaking facilities serve multiple meters beyond the immediate contiguous parcels on which the facility is located. C. Private Facility. A “private facility” means an electrical generating facility that, regardless of fuel or energy source, is operated by a private property owner or lessee, and whose function is the provision of electricity to the permitted use(s) on a single or adjoining parcel(s) on which the facility is located or serves. The associated power load shall generally be up to 25 megawatts, or as determined by applicable state or other codes. A private facility can include district heat and power, and combined heat and power types as defined in the City’s Electrical Generating Facilities (EGF) Policy. D. Backup and Emergency Facility. A “backup and emergency facility” means an electrical generating facility that is operated only during the interruption of electrical service from the distribution system or transmission grid due to circumstances beyond the operator’s control. E. Residential-Level Facility. A “residential-level facility” means an electrical generating facility whose function is the provision of electricity to serve an individual private residential dwelling unit(s). (Ord. 3279 § 3, 2013). 19.04.089.2 Emergency shelter. “Emergency shelter” means housing with minimal supportive services for homeless persons, with occupancy limited to a six-month term or less by homeless persons. Emergency shelter shall have the same meaning as defined in Section 50801(e) of the California Health and Safety Code. (Ord. 3442 § 2(A), 2018). 19.04.090 Essential services. “Essential services” means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including any buildings, electric substations, or water storage tanks. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 164 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.092 Family. Repealed by Ord. 3442 § 2(B), 2018. 19.04.093 Family day care. “Family day care” means regularly provided care, protection and supervision of 14 or fewer children in the state-licensed provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away; provided, that the licensee of such family day care home who rents or leases their home shall notify the property owner or landlord in writing that they are operating a family day care home in the rented or leased property. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985). 19.04.094 Family day care home, large. “Family day care home, large” means a family day care home, as defined by CVMC 19.04.093, which provides family day care to nine to 14 children, inclusive, including children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985). 19.04.095 Family day care home, small. “Family day care home, small” means a family day care home, as defined by CVMC 19.04.093, which provides family day care to eight or fewer children, including children who reside at the home. (Ord. 2710 § 3, 1997; Ord. 2111 § 1, 1985). 19.04.096 Filling station. For “filling station,” see “automobile service station.” (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.097 Floor area ratio (residential). “Floor area ratio (residential)” means the numerical value obtained by dividing the total area of all the floors of a building or buildings included within the surrounding walls, by the total area of the premises. (Ord. 2144 § 1, 1986). 19.04.098 Full-time foster home. “Full-time foster home” means a family residence in which 24-hour care is provided for not more than six children, including children of the foster family. (Ord. 1494 § 6, 1973; prior code § 33.1401). 19.04.100 Garage, private. “Private garage” means a detached, fully enclosed accessory building or a portion of the principal building used only for the storage of passenger vehicles, boats or trailers by the persons resident or employed upon the premises; provided, that such garage, when in a residential zone or incidental to a residential use, shall not be used for the storage of more than one commercial vehicle of one and one-half tons or greater rated capacity per family residence upon the premises. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 165 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.102 Garage, public. “Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of self-propelled vehicles or trailers. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.104 General development plan. “General development plan” means a description of the development proposed within a particular planned community zone consisting at a minimum of a map and written statement setting forth, in general, the regulations governing, and the location and arrangement of, all proposed uses and improvements to be included in the development. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.106 Guest house. “Guest house” means detached living quarters of a permanent type of construction, without kitchen or cooking facilities and intended for use by occasional guests of the occupants of the main building, but not to exceed 90 days for any one guest over a one -year period. A guest house shall not be separately rented, let, or leased, whether compensation is direct or indirect. (Ord. 2145 § 1, 1986). 19.04.107 Hazardous waste facility. “Hazardous waste facility” means, as applicable, a hazardous waste facility project, specified hazardous waste facility, specified hazardous waste facility project, or land disposal facility as defined in Section 25199.1 of the California Health and Safety Code, and shall include any structures, other appurtenances, and improvements on the land, and all contiguous land, used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste. (Ord. 2542 § 1, 1993). 19.04.108 Home occupation. “Home occupation” means a commercial activity conducted in a dwelling, which is clearly incidental and secondary to the use of the dwelling for residential purposes, and in accordance with CVMC 19.14.490. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.110 Hospital. “Hospital” means an institution in which patients are given medical or surgical care and which is licensed by the state to use the title “hospital” without qualifying descriptive word. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.112 Hotel/motel. “Hotel/motel” means a building or group of buildings comprised of six or more guestrooms or suites of rooms, where a majority of such rooms are occupied, intended or designed for occupancy by guests for temporary lodging or sleeping purposes for less than 30 consecutive calendar days, and is held out as such to the public (not including hospitals, residential facilities, qualified employee housing, boarding or lodging houses or single room occupancy residences). (Ord. 3442 § 2(B), 2018; Ord. 2034 § 1, 1983; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 166 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.114 Houseboat. “Houseboat” means any vessel used or intended to be used primarily as a dwelling unit, in contrast to a vessel used or intended to be used primarily for carrying persons or goods. (Ord. 1212 § 1, 1969; prior code § 33.1401). Interested Party. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing with the City of the nature of their concerns or who for good cause was unable to do either. “Interested party” shall also include the applicant for a permit. 19.04.116 Junkyard. “Junkyard” means a place where waste, discarded, or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, stored or abandoned, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawnshops and establishments for the sale, purchase or storage of used furniture and household equipment when conducted entirely within a completely enclosed building, and not including sale of used cars in operable condition, or salvaged materials incidental to manufacturing operations. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.118 Kennel. “Kennel” means a place kept for the purpose of the boarding, breeding, raising, selling or exchanging of dogs. (Ord. 2267 § 3, 1988; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.120 Kitchen or kitchenette. “Kitchen or kitchenette” means any room or part of a room which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, butler’s pantry or similar room adjacent to or connected with a kitchen. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.122 Landscape manual. “Landscape manual” refers to the landscape manual adopted by the City Council of Chula Vista. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.124 Landscaping. “Landscaping” means planting, including trees, shrubs, lawn areas, and ground covers, suitably designed, selected, installed and maintained so as to be permanently attractive. Decorative screens, fences, decorative rock or other paved surfaces are considered as elements of landscape development. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 167 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.126 Lot. “Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this title, and having frontage on a public or an approved private street. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.128 Lot area. “Lot area” means the computed area contained within the lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.130 Lot, corner. “Corner lot” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street right-of-way lines is the “corner.” (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.060 Lot Coverage. “Lot cCoverage” means the percent of the total site area covered by structures other than those excepted in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.132 Lot depth. “Lot depth” means the mean horizontal distance between the front and the rear lot lines, or between the front lot line and the intersection of the two side lines if there should be no rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.134 Lot, interior. “Interior lot” means a lot other than a corner lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.136 Lot line, front. “Front lot line” means the line separating the lot from the street. In the case of a corner lot, the front lot line is the shorter of any two adjacent street lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.138 Lot line, interior. For “interior lot line,” see “lot line, side.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.140 Lot line, rear. “Rear lot line” means a lot line which is opposite and most distant from the front lot line. For the purpose of establishing the rear lot line of a triangular or trapezoidal lot, or of a lot the rear line of which is formed by two or more lines, the following shall apply: Page 168 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda A. For a triangular or gore-shaped lot, a line 10 feet in length within the lot and farthest removed from the front lot line and at right angles to the lot depth line shall be used as the rear lot line; or B. In the case of a trapezoidal lot, the rear line of which is not parallel to the front lot line, the rear lot line shall be deemed to be a line at right angles to the lot depth line and drawn through a point bisecting the recorded rear lot line; or C. In the case of a pentagonal lot, the rear boundary of which includes an angle formed by two lines, such angle shall be employed for determining the rear lot line in the same manner as prescribed for a triangular lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.142 Lot line, side. “Side lot line” means any lot line other than a front or rear lot line which intersects a front lot line. A side lot line separating a lot from a street is called a “side street lot line.” (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.144 Lot line, street or alley. “Street or alley lot line” means a lot line separating the lot from a street or alley. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.146 Lot lines. “Lot lines” means the property lines bounding the lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.148 Lot of record. For “lot of record,” see CVMC 19.16.020. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.150 Lot, through. “Through lot” means a lot having frontage on two parallel or approximately parallel streets. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.152 Lot width. “Lot width” means the horizontal distance between the side lot lines, measured at right angles to the depth at a point midway between the front and rear lot lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.153 Massage parlor. “Massage parlor” means a massage establishment as defined in CVMC 5.36.030. (Ord. 1855 § 2, 1979). 19.04.154 Mobilehome. For “mobilehome,” see “trailers.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 169 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.155 Model studio. Repealed by Ord. 3316 § 2, 2014. 19.04.156 Motor hotel, including motel and hotel. Repealed by Ord. 3442 § 2(B), 2018. 19.04.157 Narcotic or drug paraphernalia shop. “Narcotic or drug paraphernalia shop” or “head shop” means any business establishment or a portion of the premises of any business establishment wherein devices, contrivances, instruments or paraphernalia for smoking, sniffing or injection of marijuana, hashish, cocaine, PCP or any controlled substance is displayed or offered for sale. (Ord. 1954 § 1, 1981). 19.04.158 Nonconforming structure. “Nonconforming structure” means a structure which was lawfully erected prior to July 8, 1969, but which, under the provisions herein, does not conform to the standards of coverage, yards, height of structures, or distances between structures prescribed in the regulations for the district in which the structure is located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.160 Nonconforming use. “Nonconforming use” means a use of a structure or land which was lawfully established and maintained prior to July 8, 1969, but which, under the provisions herein, does not conform with the use regulations for the district in which it is located. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.162 Nursing home. “Nursing home” means any premises with sleeping rooms where persons are lodged and furnished with meals and nursing care, not including persons suffering from contagious disease, mental diseases, alcoholism or drug addiction. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.164 Off-shore. “Off-shore” means land below “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.166 On-shore. “On-shore” means land above “mean higher high water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.168 Open space, usable. “Usable open space” means any portion of a lot which is landscaped and/or developed for recreational and leisure use, and is conveniently located and accessible to all the units. (See CVMC 19.28.090.) (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 170 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.169 Park. “Park” means the land and easements owned or leased by the City of Chula Vista which, by ordinance, resolution, regulation or agreement, is dedicated to or operated by the City for purposes of sports and public recreation. The term shall include the buildings, parking lots, streets and sidewalks within the territorial boundaries establishing the park. (Ord. 3316 § 3, 2014). 19.04.170 Parking area, private. “Private parking area” means an open area for the same uses as a private garage. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.172 Parking area, public. “Public parking area” means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.174 Parking space. “Parking space” means a permanently surfaced area of a size defined by Planning Commission resolution, within a structure or in the open, excluding area necessary for access under the provisions of this title, designed or used for the parking of a motor vehicle. When the long dimension of a parking space adjoins a wall or fence more than six inches in height, the width of such parking space shall be not less than 10 feet. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.176 Performance standards. “Performance standards” are the regulations for the control of “dangerous or objectionable elements” as defined in CVMC 19.66.080 through 19.66.150. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.178 Permitted use. For the purpose of this title, a “permitted use” in any zone shall include any use listed as a “principal permitted use” or “accessory use” and shall further include a “conditional use” as listed for the particular zone, provided a conditional use permit is obtained. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.179 Pet shop. “Pet shop” means an establishment involved in selling or exchanging (but excluding boarding, breeding or raising) any birds, dogs or other pets, all of which for the purpose of this chapter are called “pets.” (Ord. 2267 § 4, 1988). 19.04.180 Pharmacy, prescription. For “pharmacy, prescription,” see “prescription pharmacy.” (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 171 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.182 Planned development permit. “Planned development permit” means a permit issued by the City Planning Commission, authorizing the actual development and construction within a planned community zone. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.184 Poultry farm. “Poultry farm” means any premises on which the primary use is the breeding, raising or maintaining of poultry for sale of eggs or poultry, or where the primary income from the premises is derived from the aforesaid occupation. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.188 Prescription pharmacy. “Prescription pharmacy” means an establishment whose primary function is the sale of pharmaceutical drugs and prescriptions as well as medicinal supplies and goods. The incidental sales of toilet goods, toiletries, cosmetics, confections, tobacco and accessories, newspapers and magazines is also permitted. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.190 Public/quasi-public. “Public/quasi-public” means used as public or seemingly public. For the purposes of this title, electrical substations, electrical generating facilities as defined in CVMC 19.04.089(A), (B), (C) and (D) only, water or wastewater treatment and storage facilities, education, civic, government offices, or other municipal, public agency or utility facilities, and others as listed in Chapter 19.47 CVMC shall be considered public/quasi-public uses, of a public service type. (Ord. 3279 § 3, 2013; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.191 Qualified employee housing. “Qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code, as may be amended, which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.). (Ord. 3442 § 2(A), 2018). 19.04.192 Recreation, commercial. “Commercial recreation” means recreation facilities operated as a business and open to the general public for a fee. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.194 Recreation, private, noncommercial. “Private, noncommercial recreation” means clubs or recreation facilities operated by a nonprofit organization and open only to bona fide members of such nonprofit organization. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.196 Recreation, public. “Public recreation” means publicly owned or operated recreation facilities. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 172 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.197 Religious institution1. “Religious institution” means an institution that people regularly attend to participate in or hold religious services and incidental religious education, but not including private schools as defined in this chapter. (Ord. 3316 § 3, 2014). 19.04.197.1 Residence, single room occupancy (SRO)2. “Residence, single room occupancy (SRO)” means a rooming unit or efficiency living unit located in a building containing six or more such dwellings that are offered for occupancy by residential tenants for at least 30 consecutive days. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared. (Ord. 3442 § 2(A), 2018). 19.04.198 Residential density. “Residential density” means the average number of families living on one acre of land in a given area. “Net residential density” is determined by dividing the total number of families in a defined area by the total acreage of all parcels of land within the area that are used for residential and accessory purposes. “Gross residential density” is obtained by dividing all land in a defined area used for residences, streets, local schools, local parks and local shopping facilities into the total number of families in said area. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.198.1 Residential facility. “Residential facility” means any family home, group care facility, or similar facility, licensed by the state of California, for 24-hour nonmedical care of persons in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. (Ord. 3442 § 2(A), 2018). 19.04.199Salvage yard. For “salvage yard,” see “junkyard.” (Ord. 2108 § 1, 1985; Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.200 Satellite dish antenna. “Satellite dish antenna” is a device or instrument designed or used for the reception of television or other electronic communications signal broadcast or relayed from an earth satellite. It may be a solid, open mesh or bar configured structure, typically eight to 12 feet in diameter, in the shape of a shallow dish or parabola. (Ord. 2108 § 1, 1985). 19.04.200.1 School. “School” means any child or day care facility, or an institution of learning for minors, whether public or private, offering instruction in those courses of study required by the California Education Code and maintained pursuant to standards set by the State Board of Education. This definition includes nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university. (Ord. 3316 § 3, 2014). Page 173 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.201 Senior housing development. “Senior housing development” means a residential project which may exceed the maximum density permitted for families in the zones in which it is located, and which is established and maintained for the exclusive use of low- or moderate-income senior residents. (Ord. 1878 § 1, 1979). 19.04.205 Sexual encounter studio. Repealed by Ord. 3316 § 2, 2014. 19.04.205.1 Sexually explicit material. Repealed by Ord. 3316 § 2, 2014. 19.04.206 Shoreline. “Shoreline” means the boundary between land above and land below the “mean higher high water,” as defined by the latest U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.208 – 19.04.268 Repealed by Ord. 2924 § 3, 2003. 19.04.270 Specified anatomical area. Repealed by Ord. 3316 § 2, 2014. 19.04.271 Specified sexual activity. Repealed by Ord. 3316 § 2, 2014. 19.04.272 Stable, private. “Private stable” means an accessory stable, corral or paddock used or designed to shelter horses belonging to the occupants of a dwelling, and where no horses are kept for hire or sale. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.274 Stable, riding. “Riding stable” means any stable where horses are kept for hire. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.276 Story. “Story” means that portion of a building included between the surface of any floor and the floor or ceiling next above it. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.278 Story, first. “First story” means the lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building; except, that any basement or cellar used for residential purposes shall be deemed the first story. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.280 Story, half. “Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for one or more dwelling units shall be deemed a full story. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 174 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.282 Story, mezzanine. “Mezzanine story” means a story which covers one-third or less of the area of the story directly underneath it. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.284 Street. “Street” means a public right-of-way, more than 30 feet in width, which provides a public means of access to abutting property. The term “street” includes “avenue,” “drive,” “circle,” “road,” “parkway,” “boulevard,” “highway,” “thoroughfare,” or any other similar term. The term shall include the total width of the dedicated right-of-way. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.286 Street, private. “Private street” means a right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.288 Structural alteration. “Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.290 Structure. “Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.290.1 Supportive housing. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on -site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community (Section 65582(g) of the State Government Code). “Target population” means persons with low incomes who have one or more disabilities as described in Section 65582(i) of the State Government Code. (Ord. 3442 § 2(A), 2018). 19.04.291 Surface mining operations. “Surface mining operations” means all, or part of, the process invol ved in the mining of minerals on mined lands, as defined in Chapter 19.69 CVMC, by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations include, but are not limited to, in-place distillation or retorting or leaching, the production and disposal of mining waste, prospecting and exploratory activities, borrow pitting, streambed skimming, and segregation and stockpiling of mined materials (and recovery of same). (Ord. 2921 § 1, 2003). Page 175 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.292 Tideland. “Tideland” means lands between the “mean higher high water” and the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.294 Townhouses. “Townhouses” means attached or semi-attached buildings, each containing a single dwelling unit and each located or capable of being located on a separate lot. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.296 Trailer camp, trailer park or mobilehome park. “Trailer camp, trailer park or mobilehome park” means any lot or part thereof, or any parcel of land, which is used or offered as a location for two or more camp trailers or mobilehomes occupied as a residence. (Ord. 1941 § 1, 1981; Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.298 Trailers. A. “Camping trailer” means a vehicular portable unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at a campsite to provide temporary living quarters. B. “Motorhome” means a vehicular unit built on or permanently attached to a self- propelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, primarily designed to provide temporary living quarters. C. “Camper (slide in)” means a portable unit, consisting of a roof, floor and sides designed to be loaded into and unloaded from the bed of a pickup truck, constructed to provide temporary living quarters. D. “Cargo trailer” means a vehicle designed to be drawn by a motor vehicle for the purpose of transporting cargo, including a boat or livestock. E. “Travel trailer” means a vehicular portable unit mounted on wheels of such a size or weight as not to require special highway movement permits when drawn by a motorized vehicle and primarily designed and constructed to provide temporary living quarters. F. “Mobilehome” means a structure transportable in one or more sections, designed and equipped to contain not more than two dwelling units, and shall not include a recreational vehicle, commercial coach or factory-built housing. G. “Commercial coach” means a vehicle, with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall not include mobilehomes. Such coaches shall bear the State Division of Housing’s insignia of approval as a commercial coach. (Ord. 1941 § 1, 1981; Ord. 1518 § 2, 1974; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 176 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.299 Transitional housing. “Transitional housing” means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance (Section 65582(j) of the State Government Code). (Ord. 3442 § 2(A), 2018). 19.04.300 Underwater land. “Underwater land” means land below the “mean lower low water” as defined by the U.S. Coast and Geodetic Survey. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.304 Unified control. “Unified control” means the written consent or agreement of all property owners. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.306 Waterfront land. “Waterfront land” means any lot above the “mean higher high water” as defined by the U.S. Coast and Geodetic Survey having frontage directly upon the shoreline, as defined herein. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.308 Yard, front. “Front yard” means an open space extending the full width of the lot measured between the building closest to the front lot line, which open space is between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.310 Yard, front, least depth. “Front yard, least depth” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the front lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.312 Yard, front, least depth – How measured. Such depth shall be measured from the front lot line; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City (“plan line procedure”) differs from that of the existing street, then the required front yard, least depth, shall be measured from the right-of-way line of such street as adopted; or said building shall comply with the official setback lines as adopted by the City. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.314 Yard, rear. “Rear yard” means an open space between a building and the rear lot line, unoccupied and unobstructed from the ground upward and extending across the full width of the lot, except as specified elsewhere in this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). Page 177 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.316 Yard, rear, least depth. “Rear yard, least depth” means the shortest distance, measured horizontally, between any part of a principal building, other than parts hereinafter excepted, and the rear lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.318 Yard, side. “Side yard” means an open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward, except as specified elsewhere in this title. A side yard on the street side of a corner lot shall be known as an “exterior side yard.” (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.320 Yard, side, least width. “Side yard, least width” means the shortest distance, measured horizontally, between any part of a building, other than parts herein excepted, and the nearest side lot line. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.322 Yard, side, least width – How measured. Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as adopted by the City differs from that of the existing street, then the required side yard, least width, shall be measured from the right-of-way of such street as adopted; or said building shall comply with any applicable official setback lines. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.324 Zone. “Zone” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this title. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.326 Zoning map. “Zoning map” means the zoning map or maps of Chula Vista, together with all amendments subsequently adopted. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.328 Zoning permit. “Zoning permit” means a document issued by the Building Inspector authorizing buildings, structures or uses consistent with the terms of this title, and for the purpose of carrying out and enforcing its provisions. (Ord. 1212 § 1, 1969; prior code § 33.1401). 19.04.330 Zoning wall or fence. “Zoning wall or fence” means a wall or fenc e erected along the property line or zoning boundary to separate any commercial or industrial zones or uses from adjacent residential zones and a fence to separate multiple-family zones from single-family zones. (Ord. 1356 § 1, 1971; Ord. 1212 § 1, 1969; prior code § 33.1401). Page 178 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment 7 – Removal of Labels for Specific Population Groups Section 19.54.020 Designated – Limitations and standards. H. Hospitals, including, but not limited to, emergency, general, convalescent, rest homes, nursing homes (for the aged, crippled, and mentally retarded of all ages), psychiatric, etc.: See CVMC 19.58.110. Further, approval shall not be granted until the following findings can be made (homes for mentally retarded children): Page 179 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #8 – Family Day Care Homes Section 19.22.020 Permitted uses. Principal permitted uses in the R-E zone include: A. One single-family detached dwelling on each lot or parcel; B. Crop and tree farming; C. Notwithstanding subsection (A) of this section, two-unit residential developments pursuant to CVMC 19.58.450.; D. Small and Large Family Daycare Homes Section 19.22.030 Accessory uses and buildings. D. Full-time foster homes and small family day care homes, as defined in CVMC 19.04.095 and 19.04.098; G. Large family day care homes, subject to the provisions of CVMC 19.58.147; HG. Accessory dwelling units, subject to the provisions of CVMC 19.58.022; IH. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E). The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. Section 19.24.020 Permitted uses. D. Small and Large family day care homes, subject to the provisions of CVMC 19.58.147. Section 19.24.030 Accessory uses and buildings. D. Full-time foster homes and small family day care homes, as defined in CVMC 19.04.095 and 19.04.098; J. Large family day care homes, subject to the provisions of CVMC 19.58.147; KJ. Accessory dwelling units, subject to the provisions of CVMC 19.58.022; LK. Residential-level electrical generating facilities, as defined in CVMC 19.04.089(E). The siting and establishment of a residential-level facility shall be subject to and governed by CVMC Title 15. Page 180 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.26.020 Permitted uses. The following are the principal permitted uses in an R-2 zone: A. One single-family dwelling on any lot; B. One duplex or two-family dwelling on any lot; C. Attached single-family dwelling units; D. Dwelling groups, subject to the provisions of CVMC 19.58.130; E. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the requirements of CVMC 19.58.020; F. Agricultural uses as provided in CVMC 19.16.030;. G. Small and Large Family Daycare Homes. Section 19.26.040 Conditional uses. The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090: A. Off-street parking areas, subject to the provisions of Chapter 19.62 CVMC; B. Small family day care homes, as defined in CVMC 19.04.095, if not operating within a single-family dwelling; C. Large family day care homes, as defined in CVMC 19.04.094, within a single-family dwelling; DB. Professional offices (for additional provisions, see CVMC 19.58.244). The following uses shall be permitted in the R-2 zone,; provided, a conditional use permit is issued by the Planning Commission or Chula Vista Redevelopment Corporation for projects with a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020. EC. Electrical substations and gas regulators, subject to the provisions of CVMC 19.58.140; FD. Unclassified uses, see Chapter 19.54 CVMC. Page 181 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.28.020 Permitted uses. Principal permitted uses in the R-3 zone are as follows: A. Dwellings, multiple: R-3 zone; B. Dwellings, multiple, low-rise: R-3-G zone; C. Dwellings, multiple, medium-rise: R-3-M zone; D. Dwellings, multiple, high-rise: R-3-H zone; E. Dwellings, townhouses: R-3-T zone; F. Duplexes; G. Agricultural uses as provided in CVMC 19.16.030; H. Residence, single room occupancy (SRO); I. Boarding or lodging houses; J. Small and Large Family Daycare Homes. Section 19.28.040 Conditional uses. The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit is issued in accordance with the provisions of CVMC 19.14.030(A) or 19.14.040, as may be applicable, and CVMC 19.14.050 through 19.14.090: A. Except in R-3-T, day nurseries; B. Except in R-3-T, incidental services, such as restaurants and retail sales to serve residents; provided, there is no exterior display or advertising and such activities are conducted in spaces which are integral parts of a main building; C. Commercial parking garages and off-street parking lots, in accordance with the provisions of CVMC 19.62.010 through 19.62.130; D. Small family day care homes, as defined in CVMC 19.04.095; ED. Private, noncommercial recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 and 19.58.270); FE. Professional offices (for additional provisions, see CVMC 19.58.244); Page 182 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda G. Large family day care homes, as defined in CVMC 19.04.094, within a single-family dwelling. The following uses shall be permitted in the R-3 zone,; provided, a conditional use permit is issued by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, or for unclassified uses as defined in CVMC 19.54.020: HF. Electric substations and gas regulators, subject to the provisions of CVMC 19.58.140; IG. Unclassified uses, see Chapter 19.54 CVMC. Section 19.84.005 Residential zones. (A)2. Permitted Uses. The following uses are permitted: a. Dwellings, multiple, mid-rise; b. Dwellings, multiple, high-rise; c. Short-term vacation rentals; d. Retail commercial uses at street level; e. Incidental services, such as restaurants, retail sales, fitness clubs, and other such services, provided such activities are conducted in spaces that are integral parts of a main building; f. Small and Large Family Daycare Homes; fg. Private, noncommercial recreational facilities, such as swimming pools, tennis courts, and clubhouses (for additional provisions, see CVMC 19.58.100 19.58.270); and gh. Day care/nursery facilities; and hi. Accessory uses and buildings including: i. Customary incidental home occupations, subject to the provisions of CVMC 19.14.490; ii. Other accessory uses and accessory buildings customarily appurtenant to a permitted use, subject to the provisions of CVMC 19.58.020; iii. Full-time foster homes as defined in CVMC 19.04.098; iv. Satellite dish antennas per the provisions of CVMC 19.22.030(F); Page 183 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v. Accessory dwelling units pursuant to the provisions of CVMC 19.58.022. 3. Conditionally Permitted Uses. The following uses may be allowed subject to the approval of a conditional use permit: a. Commercial parking garages and off-street parking lots, in accordance with the provisions of CVMC 19.62.010 through 19.62.130; and b. Unclassified uses; see Chapter 19.54 CVMC; and c. Small family day care homes, as defined in CVMC 19.04.095. Section 19.58.147 Family day care homes, large. A large family day care home shall be allowed in the R-E and R-1 zones, and within the P- C designated R-E and R-S zones, upon the issuance of a large family day care permit by the Zoning Administrator and in compliance with the following standards: A. Notice shall be given to properties within 500 feet of the proposed large family day care home at least 10 days prior to consideration of the permit. B. The permit shall be considered without public hearing unless a hearing is requested by the applicant or other affected party by the hearing deadline date. The applicant or other affected party may appeal the Zoning Administrator’s decision to the City Council. C. The family day care function shall be incidental to the residential use of the property. D. A large family day care home shall not locate within: 1. Three hundred (300) feet of another such facility with said measurement being defined as the shortest distance between the property lines of any such facilities; and 2. One thousand two hundred (1,200) feet of another such facility along the same street with said measurements being defined as the shortest distance between front property lines, as measured along the same street, of any such facilities. E. The owner must provide a double-wide driveway which shall be paved to meet City standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the edge of sidewalk to any vertical obstruction. The driveway shall be available during all hours of operation for the loading and unloading of children. If a garage exists on-site, it must be utilized for parking of personal vehicle(s). In the Page 184 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda event that less than a two-car garage exists on-site, the owner must designate an area on-site other than on the driveway so that a total of two personal vehicles can be parked on-site, including the garage. Notwithstanding the foregoing, the applicant must comply with all other Municipal Code provisions as to parking and traffic. F. If, in the opinion of the Zoning Administrator, there is a potential for significant traffic problems, the Zoning Administrator shall request review of the application by the City Traffic Engineer. The City Traffic Engineer may impose accessory requirements for the day care permit in these instances to ensure maintenance of traffic safety levels within the vicinity of the home. G. Adequate outdoor play space shall be required and determined on a case-by- case basis. Outdoor play activity shall not be allowed in the front or exterior side yard of the home. H. Play areas shall be designed and located to reduce the impact of noise on surrounding properties. I. A business license will be obtained concurrently with the use permit. J. At the City’s discretion, an annual review of the permit may be done to determine compliance with state and City requirements and the permit’s conditions of approval. Page 185 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #9 – Massage Parlors Section 19.36.020 Permitted uses. F. Massage parlors, subject to the provisions of CVMC 5.36; G. Any other retail business or service establishment which the Zoning AdministratorCommission finds to be consistent with the purpose of this title and which will not impair the present or potential use of adjacent properties; GH. Accessory uses and buildings customarily appurtenant to a permitted use and satellite dish antennas in accordance with the provisions in CVMC 19.22.030(F)(1) through (9); HI. Agricultural uses as provided in CVMC 19.16.030; IJ. Mixed commercial-residential projects, if designated by the Chula Vista General Plan as MUR, subject to the provisions of CVMC 19.58.205. Section 19.40.020 Permitted uses. Q. Upholstery shops;. R. Massage parlors, subject to the provisions of CVMC 5.36. Page 186 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #10 – Design Review General Requirement Section 19.14.582 Design review approval. A. Plans for the establishment, location, expansion or alteration of 1) multifamily structures in all multifamily residential zones, and 2) non-residential structures in all commercial and industrial zones, shall require design review by the Planning Commission. Page 187 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment # 11 – R-3 Zone Height Limitation Section 19.28.060 Height regulations. A. Height regulations in the R-3 zone and R-3-M, R-3-T and R-3-G classifications are as follows: No principal building shall exceed either two and one-half stories or 54 feet in height and no accessory building shall exceed either two stories or 25 feet in height, except as provided in CVMC 19.16.040 and 19.58.022. B. Height regulations in the R-3-H and R-3-L classifications zone are as follows: No principal building shall be less than 4655 feet or five stories in height and no accessory building shall exceed either two stories or 25 feet in height, except as provided in CVMC 19.16.040. Page 188 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #12 – Title 19 Definition Additions Chapter 19.04 (DEFINITIONS) Sections: 19.04.002 Definitions and construction of terms generally. 19.04.004 Access. 19.04.006 Accessory use or structure. 19.04.007 Adult bookstore. Repealed. 19.04.007A Adult motion picture theater. Repealed. 19.04.007B Adult mini-motion picture theater. Repealed. 19.04.008 Agent of owner. 19.04.010 Agriculture. 19.04.012 Alley. 19.04.013 Amusement facility. 19.04.014 Apartment, efficiency. Repealed. 19.04.015 Auction. 19.04.016 Automobile dismantling. 19.04.018 Automobile or trailer sales area. 19.04.020 Automobile repair, major. 19.04.022 Automobile maintenance and repair, minor. 19.04.024 Automobile service station. 19.04.026 Basement. 19.04.028 Beginning of construction. 19.04.030 Block. 19.04.032 Boardinghouse or lodginghouse. 19.04.034 Boatel. 19.04.035 Body painting studio. Repealed. 19.04.036 Building. 19.04.038 Building, height of. 19.04.039 Building, high rise. 19.04.040 Building line map. 19.04.042 Building, main. 19.04.044 Bulkhead. 19.04.045 Carnival. 19.04.046 Carport. 19.04.047 Cabaret. Repealed. 19.04.048 Cellar. 19.04.050 Chula Vista General Plan. 19.04.051 Coin-operated adult entertainment facility. Repealed. 19.04.052 Commission. 19.04.054 Communication equipment building or use. 19.04.055 Community purpose facility. 19.04.056 Council. 19.04.058 Court. Page 189 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.060 Coverage. 19.04.062 Crop and tree farming. 19.04.063 Dance floor. 19.04.064 Day nursery. 19.04.065 Day spa. 19.04.066 Development unit. 19.04.068 Distance between residential structures. 19.04.070 Dock. 19.04.072 Driveway. 19.04.074 Dwelling. 19.04.076 Dwelling group. 19.04.078 Dwelling, single-family. 19.04.080 Dwelling, two-family or duplex. 19.04.082 Dwelling, multiple. 19.04.084 Dwelling, townhouse. 19.04.086 Dwelling unit. 19.04.087 Dwelling, accessory dwelling unit. E-Commerce. 19.04.088 Efficiency living unit. 19.04.089 Electrical generating facilities. 19.04.089.2 Emergency shelter. 19.04.090 Essential services. 19.04.092 Family. Repealed. 19.04.093 Family day care. 19.04.094 Family day care home, large. 19.04.095 Family day care home, small. 19.04.096 Filling station. 19.04.097 Floor area ratio (residential). Fulfillment Center. 19.04.098 Full-time foster home. 19.04.100 Garage, private. 19.04.102 Garage, public. 19.04.104 General development plan. 19.04.106 Guest house. 19.04.107 Hazardous waste facility. 19.04.108 Home occupation. 19.04.110 Hospital. 19.04.112 Hotel/motel. 19.04.114 Houseboat. 19.04.116 Junkyard. Interested Party. 19.04.118 Kennel. 19.04.120 Kitchen or kitchenette. 19.04.122 Landscape manual. 19.04.124 Landscaping. 19.04.126 Lot. Page 190 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.128 Lot area. 19.04.130 Lot, corner. 19.04.132 Lot depth. 19.04.134 Lot, interior. 19.04.136 Lot line, front. 19.04.138 Lot line, interior. 19.04.140 Lot line, rear. 19.04.142 Lot line, side. 19.04.144 Lot line, street or alley. 19.04.146 Lot lines. 19.04.148 Lot of record. 19.04.150 Lot, through. 19.04.152 Lot width. 19.04.153 Massage parlor. 19.04.154 Mobilehome. 19.04.155 Model studio. Repealed. 19.04.156 Motor hotel, including motel and hotel. Repealed. 19.04.157 Narcotic or drug paraphernalia shop. 19.04.158 Nonconforming structure. 19.04.160 Nonconforming use. 19.04.162 Nursing home. 19.04.164 Off-shore. 19.04.166 On-shore. 19.04.168 Open space, usable. 19.04.169 Park. 19.04.170 Parking area, private. 19.04.172 Parking area, public. 19.04.174 Parking space. 19.04.176 Performance standards. 19.04.178 Permitted use. 19.04.179 Pet shop. 19.04.180 Pharmacy, prescription. 19.04.182 Planned development permit. 19.04.184 Poultry farm. 19.04.188 Prescription pharmacy. 19.04.190 Public/quasi-public. 19.04.191 Qualified employee housing. 19.04.192 Recreation, commercial. 19.04.194 Recreation, private, noncommercial. 19.04.196 Recreation, public. 19.04.197 Religious institution. 19.04.197.1 Residence, single room occupancy (SRO). 19.04.198 Residential density. 19.04.198.1 Residential facility. 19.04.199 Salvage yard. 19.04.200 Satellite dish antenna. Page 191 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.200.1 School. Self-Storage Facility. 19.04.201 Senior housing development. 19.04.202 Service station. 19.04.204 Setback. 19.04.205 Sexual encounter studio. Repealed. 19.04.205.1 Sexually explicit material. Repealed. 19.04.206 Shoreline. 19.04.208 – 19.04.268 Repealed. 19.04.270 Specified anatomical area. Repealed. 19.04.271 Specified sexual activity. Repealed. 19.04.272 Stable, private. 19.04.274 Stable, riding. 19.04.276 Story. 19.04.278 Story, first. 19.04.280 Story, half. 19.04.282 Story, mezzanine. 19.04.284 Street. 19.04.286 Street, private. 19.04.288 Structural alteration. 19.04.290 Structure. 19.04.290.1 Supportive housing. 19.04.291 Surface mining operations. 19.04.292 Tideland. 19.04.294 Townhouses. 19.04.296 Trailer camp, trailer park or mobilehome park. 19.04.298 Trailers. 19.04.299 Transitional housing. 19.04.300 Underwater land. 19.04.302 Usable open space. 19.04.304 Unified control. Warehousing Facility. Warehousing, Logistics and Distribution Facility. Warehousing Sales, Retail. Warehousing Sales, Wholesale. 19.04.306 Waterfront land. 19.04.308 Yard, front. 19.04.310 Yard, front, least depth. 19.04.312 Yard, front, least depth – How measured. 19.04.314 Yard, rear. 19.04.316 Yard, rear, least depth. 19.04.318 Yard, side. 19.04.320 Yard, side, least width. 19.04.322 Yard, side, least width – How measured. 19.04.324 Zone. 19.04.326 Zoning map. Page 192 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 19.04.328 Zoning permit. 19.04.330 Zoning wall or fence. E-Commerce (Electronic Commerce). “E-Commerce (Electronic Commerce)” includes commercial activities involving the sale of goods or services for profit, where those sales occur on virtual platforms including but not limited to, the internet and applications within smartphones or other similar mobile cellular devices. Fulfilment Center. “Fulfilment Center” is a facility where a building is primarily used to receive, process, and fulfill numerous consumer orders associated with electronic commerce ("e- commerce") or similar high capacity and high frequency orders and deliveries. The use includes the indoor storage of goods, products, and similar items and is typically characterized by a high intensity and a high frequency of truck traffic and may include multiple shifts of employees. Interested Party. “Interested party” means any person who, in person or through a representative, appeared at a public hearing of the City of Chula Vista, or made written comments via US Mail, e- comment or electronic mail (e-mail) to the City, in connection with a decision or action appealed. “Interested party” shall also include the applicant for a permit. Self-Storage Facility. “Self-storage facility” is a structure(s) containing separated storage spaces of varying sizes, leased or rented on an individual basis, may include recreational vehicles storage. Warehousing, Logistics and Distribution Facility. “Warehousing, logistics and distribution facility” is one used for the storage and/or consolidation of manufactured goods (and to a lesser extent, raw materials and includes bulk storage of materials, which are flammable, or explosive or create hazardous or commonly recognized offensive conditions) before their distribution to retail locations or other warehouses. Warehouse/distribution centers generally are generally greater than 200,000 square feet in size, with a land coverage ratio of approximately 40 to 60 percent; have dock-high loading doors that also could be located on opposing sides of the building (cross dock facility); significant movement and storage of products, materials, or equipment; truck activities frequently outside of the peak hour of the adjacent street system; and freeway access, including: • Freight yards/forwarding terminals • Warehousing distribution/high cube distribution centers • Moving agencies • Parcel delivery terminals Page 193 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda • Railroad freight stations • Shipping/receiving yards • Truck terminals Warehousing Facility. “Warehousing facility” means the use of a building primarily for the storage of goods of any type (i.e.: cold storage) by one or two businesses and used for the sale or distribution of those goods to their direct customers (excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions). Typically, 200,000 square feet or less in size with a land coverage ratio of approximately 45 to 55 percent with dock high and/or ground level loading doors on one side of the building only. Warehousing Sales, Retail. “Warehousing sales, retail” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods both directly to the ultimate consumer and includes incidental wholesaling. Generally, sales tax is collected from the ultimate consumer. Warehousing Sales, Wholesale. “Warehousing sales, wholesale” means the use of a building or buildings primarily for the internal storage of goods of any type, which includes the selling of such goods to other businesses, including retailers, industrial, commercial, institutional, or professional business users, other wholesalers, or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies, and specifically excluding sales of goods directly to the ultimate consumer. Generally, sales tax is not collected from businesses purchasing such goods. Page 194 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #13 - Appeal Process Revisions Section 10.84.020 Parking prohibited on portions of private property. D. When parking is not available under subsections (A) through (C) of this section, then consideration shall be given by the Zoning Administrator to select a parking area on the opposite side of the lot or other appropriate locations on the property as per CVMC 19.62.110. Any interested party The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning Commission. The appeal shall be filed in writing with the Development Services DepartmentPlanning Department within 10 days of the Administrator’s action, and accompanied by the required appeal fee(s). Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Appeals to the City Council from the actions of the Planning Commission shall follow the same procedure.The decision of the Planning Commission shall be final. Section 12.24.110 Installation of public improvements – Appeal of Director of Development Services’ ruling – Application and fees. In the event thatIf the Director of Development Services denies the request for a waiver of obligation to install improvements, a written the property owner or his agent may file an application shall be filed with the Development Services DepartmentCity Clerk to appeal such denial;, the which appeal shall be heard by the Planning CommissionCity Council. Said application must be filed within 10 days of the date on which the Director of Development Services made theirhis ruling, be accompanied by the required appeal fee, and include a written statement describing the basis of the appeal. Following the filing of a complete application, including all associated fees, the Development Services Department shall take no longer than thirty (30) calendar days to set a hearing before the Planning CommissionCity Council shall be set for the next at a regularly- scheduled meeting, or at such time thereafter as may be designated, to consider the appeal. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. Section 12.40.060 Appeal – Decision authority. Upon receipt of such appeal, by the City Clerk shall take no longer than thirty (30) calendar days to, the matter shall be placed the matter upon the agenda of a regularly scheduledthe next meeting of the City Council. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date., which shall, by formal resolution, render Page 195 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda its decision thereon within 40 days from the date of receipt by the City Clerk. The failure of the City Council to act upon such appeal within the 40-day period shall be deemed a denial of such appeal. The decision of the City Council shall be final and conclusive. Section 15.04.260 Appeals – Time limit for filing – Form. The applicant for a permit issued pursuant to this chapter, or the permittee, An interested party may appeal to the Planning CommissionCity Council from any decision of the City Engineer within ten (10) businessworking days after said decision. Appeals shall be in writing and shall state the specific nature of the appeal. Appeals shall be filed with the Development Services DepartmentCity Clerk. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final.Planning Commission Section 17.28.040 Lighting plans – Approval required when. All lighting plans in multiple-family, commercial and industrial zones shall be submitted to the Director of PlanningZoning Administrator for approval prior to installation thereof. Should the City disapprove of the plans, a written appeal by an interested party may be filed to the Development Services Department may be taken to the Planning Commission. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for a public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final The determination of the Commission shall be final. Section 17.35.070 Permit process. B. The HLIT permit may be approved, approved with conditions, or denied by the Director of Planning and Building Zoning Administrator, or his/her designee, without a public hearing in accordance with CVMC 19.14.030, in the following circumstances: 1. Any planned facility project listed in Table 6-1 of the Chula Vista MSCP subarea plan that only impacts natural vegetation and does not impact habitat occupied by covered species, listed noncovered species, narrow endemic species, or wetlands. 2. Any future facility project listed in Table 6-2 of the Chula Vista MSCP subarea plan associated with a covered project that only impacts natural vegetation and does not impact habitat occupied by covered species, listed noncovered species, narrow endemic species or wetlands. Page 196 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda C. For all other HLIT permit applications, the Zoning AdministratorDirector of Planning and Building, and or his/her designee, may approve, conditionally approve, or deny such permit at a public hearing noticed in accordance with CVMC 19.14.180. The Zoning AdministratorDirector of Planning and Building decision may be appealed to the Planning CommissionCity Council in accordance with CVMC 19.14.110 and 19.14.130. The decision of the Planning Commission shall be final. Section 18.12.125 Appeals from determinations – Procedure. In the event that an interested party the applicant or any interested party adversely affected by a determination is dissatisfied with any determination of the Planning Commission, they applicant or interested party may appeal to the City Council by filing a written statement in writing with the City ClerkDirector of Development Services stating the reasons for appeal within ten ( 10) business days following the determination. Once a valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Council meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the City Council shall be finalThe matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application of appeal. Section 18.16.220 Approval – Appeal. The decision of the Director of Development Services and the City Engineer’s decision may be appealed by an interested party to the Planning CommissionCouncil. A written notice of appeal must be filed with the Development Services Department within ten (10) business days of the date the Planning Commission was noticed that the final map was under review for final approval. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. within 10 business days of the date Council was noticed that the final map was under review for final approval. Within 30 days of the filing of a valid application for appeal the Council shall hear the matter at a regularly scheduled meeting. The decision of the Planning Commission shall be final. Section 18.18.090 Appeals from determinations – Procedure. In the event that the applicant or any interested party If an interested party is dissatisfied with any determination of the City Engineer as to whether the property division qualifies as a parcel map division, or as to any requirements or conditions which they seek to impose, they may then the applicant may appeal the determination within ten (10) business days to the Planning CommissionCouncil by filing a written statement in writing with the Page 197 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Development Services DepartmentDirector of Development Services stating the reasons for appeal within 10 business days following the determination. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. Section 18.18.120 Tentative parcel map – Waiver – Appeal. All interested parties areAn interested party is provided the opportunity to appeal the decision in writing to the Development Services Department within ten (10) business days of decision of the City Engineer. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The appeal shall be heard within 30 days of filing a valid application for appeal by the Council. Any application for a tentative parcel map waiver shall be filed as outlined in the subdivision manual. The decision of the Planning Commission shall be final. Section 18.20.210 Approval – Appeal – Procedure. In the event that the applicant or any interested party If an interested party is dissatisfied with any determination of the City Engineer as to whether the property division qualifies as a parcel map division, or, as to any requirements or conditions imposed, they may then the applicant or interested party may appeal the determination within ten (10) business days to the Planning CommissionCouncil by filing a written statement in writing with the Development Services DepartmentCity Engineer stating thehis reasons for appeal within 10 business days following the determination. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. The matter shall be placed on the Council agenda and heard by the Council within 30 days of the appeal. Section 19.14.050 Public hearing – Mandatory when – Consolidation of public hearings for multiple permit applications. B. An interested party The applicant or other interested person who disagrees with the ruling of the Zoning Administrator may appeal such ruling to the Planning Page 198 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CommissionCity Council. In such cases, a public hearing as provided herein shall be mandatory. Once a valid, written application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. Section 19.14.120 Conditional use permit – Appeals of Planning Commission decision – City Clerk duties. Once a valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30) days to set the matter for public hearing at a regularly scheduled Council meeting, and, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the filing of the appeal, the City Clerk shall set the matter for public hearing, giving the same notice as required in CVMC 19.12.060 through 19.12.080. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. The City Clerk shall send the Development Services Department a duplicate copy of the appeal and request the Planning Commission to transmit to the City Council a copy of its decision and findings, minutes of the hearing and all other evidence, maps, papers and exhibits upon which the Planning Commission made its decision. The decision of the City Council shall be final. Section 19.14.240 Variance – Appeals – Procedure generally – Effect of filing – Public hearing. An interested party The applicant or other interested party may appeal the decision of the Zoning Administrator to the Planning CommissionCity Council, within ten (10) business days from the date on which said decision was made. Said appeal shall be in writtening and filed with the Development Services Department on forms provided by said Department, and shall specify therein that the decision of the Zoning Administrator was in error and identify the facts and circumstances on which claim of error is based. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meetingIf an appeal is filed within the time limit specified, it stays proceedings in the matter until a determination is made by the City Council. The City Council shall set the matter for hearing, and, in compliance with noticing requirements as set forth herein in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning CommissionCity Council shall beis final. Where an application for a variance is included in a consolidated hearing and is neither approved nor denied by the Planning Commission, or Chula Vista Redevelopment Corporation for projects within a designated redevelopment project area, due to failure to achieve a majority vote, the applicant shall have the right to either a rehearing at the next Page 199 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Planning Commission or Chula Vista Redevelopment Corporation meeting, whichever is applicable to the project, or an appeal to the City Council without payment of additional fees. The choice of alternatives shall be at the discretion of the applicant. All other proceedings pertaining to appeals shall continue to apply. Section 19.14.480 Site plan and architectural approval – Building Inspector authority – Appeals. A. Following site plan and architectural approval by the Zoning Administrator as provided in this chapter, a copy of the decision resolution of the Zoning Administrator shall be filed with the Development Services Director and mailed to the applicant. Appeals from determinations by the Zoning Administrator shall be sent in writing by an interested party to the Development Services DepartmentCity Council upon written request for a hearing before the Planning CommissionCity Council. In the absence of such request being filed within ten (10) business days after determination by the Zoning Administrator, the determination shall be final. B. A writtenThe appeal shall be filed by the applicant or an interested party with the Development Services Department Development Services Director on athe form required by the Development Services Director, and, to be accompanied by the nonrefundable required fee therefor. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) days to set the matter for public hearing at a regularly-scheduled Planning Commission meeting, and, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the proper filing of the appeal, the Development Services Director shall cause the matter to be set for public hearing, giving the same notice as required in CVMC 19.12.070 and 19.12.080. The matter shall be placed on the Council agenda and heard within 30 days of receipt of a valid application for appeal. C. Upon the hearing of an appeal, the Planning Commission City Council may, by resolution, affirm, reverse or modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall contain findings of facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles in CVMC 19.14.470, the provisions of the design manual or any design standards required for the project, or other nonconformity with the requirements of this chapter. A copy of the decision resolution of the City CouncilPlanning Commission shall be filed with the Development Services Director, and mailed to the applicant. The decision of the Planning CommissionCity Council shall be final. Page 200 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.14.486 Landscape plan approval – Application – Accompanying documents – Fee. B. Appeal. The Zoning Administrator shall approve, conditionally approve or deny landscape plans. An interested party The applicant may appeal a denial or conditions imposed upon approval by filing a written appeal to the Development Services DepartmentCity Council, in accordance with CVMC 19.14.050, within 10 business days of receipt of notification of denial or conditional approval from the Zoning Administrator. Such shall be in writing on the form promulgated by the Director of Development Servicesaffected director, accompanied by the required fee, and shall specify wherein the action of the Zoning Administrator is inconsistent with the landscape manual and/or other applicable ordinances, manuals or policies of the City. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The Planning Commission City Council may grant, conditionally grant, or deny the appeal. The decision of the Planning CommissionCity Council is shall be final, and shall be based upon the landscape manual, and/or other applicable ordinances, manuals, or policies of the City. Section 19.14.490 Home occupations – Permit required when – Restrictions and requirements – Revocation when – Appeals. D. Permit any external display of products, merchandise, or any sign to identify the home occupation. A home occupation permit shall be revoked by the Director of Development Services Director upon violation of any requirement of this chapter, or of any conditions or limitation of any permit issued, unless such violation is corrected within 15 days of notice of such violation, and any such permit may be revoked for repeated violation of the requirements of this section or of the conditions of such permit. In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, appeal may be made in writing to the Planning Commission, In the event of denial of any permit, or the revocation thereof, or of objection to the limitations placed thereon, an interested party may then appeal the determination within ten (10) business days to the Planning Commission by filing a written statement with the Development Services Department, stating the reasons for appeal. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing in front of the Planning Commission. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Director of Development Page 201 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Services. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final.whose decision shall be final. Section 19.14.588 Design review – Appeal procedure. A. An interested party The applicant or other interested person may file an appeal from the decision of the Planning Commission or Zoning Administrator for minor projects to the Planning CommissionCity Council within ten (10) business days after the decision is made. The appeal shall be in writing and filed with the Development Services Department on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until a determination is made by the City Council. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Zoning Administrator. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the Planning Commission shall be final. B. An interested party may file an appeal from the decision of the Planning Commission to the City Council within ten (10) business days after the decision is made. The appeal shall be in writing and filed with the City Clerk on forms prescribed for the appeal, and shall specify therein the argument against the decision of the Planning Commission. Once a valid application for appeal has been filed, the City Clerk shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled City Council meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. The decision of the City Council shall be final. Page 202 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission or Zoning Administrator for minor projects. The resolution must contain a finding of facts showing wherein the project meets or fails to meet the requirements of this chapter and the provisions of the design review manual. C. The decision of the City Council is final. Section 19.48.060 P-C zone – Planning Commission action. Following a public hearing, and upon making the required findings, the Planning Commission shall make a recommendation to the City Council for approval or modified approval of a proposed P-C zone, and shall also adopt a resolution recommending that the City Council adopt the general development plan as submitted or as modified. Such recommendation and the recommended general development plan shall be forwarded to the City Council for its consideration. If unable to make the required findings, the Planning Commission shall deny said application, and, forward that recommendation to the City Council. An appeal from the action of the Planning Commission may be filed in accordance with CVMC 19.12.110. Section 19.58.430 Liquor stores in the C-N zone. Establishments that include the sale of alcoholic beverages for off-site use or consumption may be allowed in the C-N zone upon issuance of a conditional use permit. The Zoning Administrator shall hold a public hearing in accordance with CVMC 19.14.060 through 19.14.090 upon giving notice thereof in accordance with CVMC 19.12.070 and 19.12.080. A conditional use permit shall not be granted unless the Zoning Administrator or other issuing authority finds in his or her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by CVMC 19.14.080 exist, and that approval of the permit will not result in an overconcentration of such facil ities. Overconcentration may be found to exist based on (A) the number and location of existing facilities; (B) compliance with State Alcohol Beverage Control overconcentration standards in effect at the time of project consideration; (C) the impact of the proposed facility on crime; and (D) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including, but not limited to, limitations on hours of operation. The City Council shall be informed of the decision on each such permit by the City Clerk when the decision is filed in accordance with CVMC 19.14.090. The decision of the Zoning Administrator may be appealed. Such appeal shall be directed to the Planning CommissionCity Council and must be filed in writing with the Development Services Department within ten (10) business days after the decision is made, as provided in CVMC 19.14.100. If a valid appeal applicationed is Page 203 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda received within the time limit, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The Planning Commission must make the same written findings required of the Zoning Administrator herein in order to grant the permit, and, the decision of the Planning Commission shall be final. said appeal shall be considered in a public hearing conducted by the City Council, in the same manner as other appeals pursuant to CVMC 19.14.120 and 19.14.130; except, that the City Council must make the same written findings required of the Zoning Administrator herein in order to grant the permit. Section 19.60.810 Processing of applications. G. Appeals. All sign permit applications shall be initially reviewed by the Zoning Administrator. An interested party The applicant or any concerned person may appeal any sign related decision to the in this order: Design Review Committee, Planning Commission, and City Council. AIn each case, written notice of appeal must be filed with the Development Services DepartmentCity Clerk within ten (10) business days of when the decision was delivered or sent to applicant and all known concerned persons, or, the last day on which a decision could have been timely rendered. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. In each case, tThe appellate body must conduct a hearing and consider evidence, and render a written decision within 30 days. In the cases of appeal to the Planning Commission and the City Council, tThe hearing must follow normal procedures for agendizing and giving public notice. The decision of the Planning Commission shall be final. Unless time is waived by the applicant, any permit or approval on which the City does not render a definite decision within the required time shall be deemed denied, and the time for appeal or filing judicial review shall commence on the last date on which the City could have issued a decision. Section 19.66.220 Appeals of determinations. The Zoning Administrator’s action with respect to the performance standards procedures may be appealed to the Planning Commission within ten (10) business days following said action. In the absence of such appeal, the Zoning Administrator’s determination shall be final. If a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The decision of the Planning Commission shall be final. Page 204 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 19.89.080 Abandonment. B. Notice, Appeal and Hearing. A written notice of the determination of abandonment, as noted in subsection (A) of this section, shall be sent by certified first class mail, return receipt requested, or personally delivered to the operator of the wireless telecommunications facility at said operator’s business address on file with the City or the operator’s agent for service of process on file with the California Secretary of State. Service shall be effective on the date the notice was signed for or received. If the mailed notice is returned unsigned, service shall be deemed effective three business days after the mailing of a duplicate notice by regular first-class mail. The notice shall explain the consequences of failing to remove the facility and identify all hearing/appeal rights. The operator may appeal in writing to the Development Services Department the determination of abandonment within ten (10) business days of being served with the notice. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Once a valid application for appeal has been filed, the Development Services Department shall take no longer than thirty (30) calendar days to set the matter for public hearing at a regularly scheduled Planning Commission meeting. The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. After receiving the appeal, City staff shall schedule a hearing on the matter to be conducted before the Planning Commission at which time tThe operator may present at the hearing any relevant evidence on the issue of abandonment. The Planning Commission may affirm, reverse, or modify with or without conditions the determination of abandonment and shall make written findings in support of its decision. The decision of the Planning Commission shall be final. Section 21.12.030 Appeals. An interested party Theapplicant or any other interested party may appeal in writing the decision of the Zoning Administrator or HPC to the Development Services Department within ten (10) business days after the date of the decision. Once a valid application has been received, Tthe Development Services Department shall take no longer than thirty (30) calendar days to set the matter shall be set for public hearing and placed on an agenda for a regularly scheduled HPC meeting upon receipt of appeal application., The meeting date shall also be no more than sixty (60) calendar days from the application’s filing date. The appeal which shall address in writing each of the findings for denial on a form prescribed by the City and shall submit a fee pursuant to CVMC 21.12.020, for appeals of historic preservation matters. All appeals shall be considered by the Planning CommissionHPCCouncil, and the decision shall be final. Page 205 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #14 - Short-Term Rentals Section 5.68.050 Eligibility requirements. H. An active-duty member of the military who is currently deployed shall be eligible to operate their Dwelling as a Short-Term Rental. Proof of ownership within the City for at least one year prior to the date(s) of deployment, documented to the satisfaction of the Director of Development Services, shall be included as part of the application submittal. I. The Dwelling Unit shall not have been developed or converted as part of a two-unit residential development or Urban Lot Split Parcel Map pursuant to CVMC 19.58.450. Section 5.68.070 Permit application requirements. I. The Director of Development Services shall approve an application for a Short-Term Rental Permit;, provided, that: 1. At the time of submission of the application, or at any time during the processing of the application, the Dwelling Unit and the Applicant meet the eligibility requirements of CVMC 5.68.050, and the application meets the conditions of permit issuance pursuant to this section, including payment of the required fees. 2. Such approval shall be conditioned upon and subject to compliance with the conditions identified by the Director of Development Services in the renewal, the operational requirements of CVMC 5.68.110, and with all other terms, conditions, and requirements of this chapter and the code. J. If a permit application is denied, the Director of Development Services shall notify the Applicant in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. J. The Director of Development Services shall deny an application and decline to issue a Short-Term Rental Permit for any of the following reasons, in their discretion: 1. Failure to meet the eligibility requirements. 2. Failure to meet the conditions of permit issuance, including payment of the required fees. 3. Failure to resolve violations of applicable codes regarding fire, building and safety, health and safety, and other relevant laws, regulations, and ordinances applicable to residential uses and the underlying zone, as more fully described in CVMC Page 206 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 5.68.110(A).The notice will set forth the reasons for denial and the procedures for an appeal of the Director of Development Services’ determination. 4. Determination that the Applicant has made a false, misleading, or fraudulent statement or omission of fact in the application or in the application process. 5. Determination that the Applicant, Owner, or Agent has been adversely sanctioned, or penalized by the City, or any other city, county, or state, for a violation of applicable laws or regulations related to STR operations. 6. Determination that the Applicant, Owner, or Agent has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful STR activity in the City or any other jurisdiction. Additionally, if a Short-Term Rental Permit application is denied, the Director of Development Services shall notify the Applicant in writing of the determination. The notice will set forth the reasons for denial and the procedures for an appeal of the determination. LK. The Director of Development Services’ determination on the issuance or denial of a Short-Term Rental Permit in response to a pending application or a renewal of a duly issued Short-Term Rental Permit may be appealed in accordance with the appeal procedures of CVMC 5.68.180. ML. Upon issuance of a Short-Term Rental Permit in response to a permit application, the Permittee shall comply with all requirements of the business license provisio ns and transient occupancy tax provisions of this code for the Short-Term Rental Unit. Section 5.68.170 Procedure for imposition of modification, suspension and/or revocation of short-term rental permit. A. In addition to any other penalty authorized by law, a Short-Term Rental Permit may be modified, suspended, or revoked for any violation of this chapter or federal, state, or local law in accordance with the provisions of this section, including the following:. 1. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has been adversely sanctioned or penalized by the City, or any other city, county, or state, for a material violation of State or local laws or regulations related to Short -Term Rentals. 2. The Applicant or Agent for, and/or Owner of, the Short-Term Rental has conducted, facilitated, caused, aided, abetted, suffered, or concealed unlawful activity in the City. Page 207 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Attachment #15 - Public Right of Way Enforcement Chapter 12.04 GENERAL PROVISIONS Sections: 12.04.010 Short title. 12.04.020 Plans, maps and studies applicable – Scope – Drainage facility defined. 12.04.025 Enforcement – Generally. 12.04.030 Enforcement – Lien procedure. 12.04.040 Exemptions from fee payment and insurance designated – Liability agreement required. Section 12.04.025 Enforcement – Generally. The general enforcement of this Title, including the abatement of violations and non-compliance with an issued Permit, shall fall within the following purview: 1) Code Enforcement, for any violation occurring within the area of public right-of-way between the property line and curb; 2) Police Department, for any violation occurring within the street area of the public right-of-way. Section 19.08.010 Conformance to regulations required – Officers authorized for enforcement duty. All Department officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title, and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions contained herein; and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void. It shall be the duty of the Building Inspector, the Zoning Administrator and the Police Department to enforce the provisions of this title, pertaining to the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure and the use of any land, building or premises. Additionally, Code Enforcement staff shall enforce and subsequently abate any violations under this Title that are located within the section of the public right-of-way from the property line to the curb. Page 208 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Municipal Code Update 1 City Council Item 7.3 February 21, 2023 Page 209 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Proposed Amendments Four Categories •Procedural •State Law Compliance •Land Use and Development •Process Improvements Page 210 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Procedural & State Law Compliance •Department and Director Title Changes •Removal of Chula Vista Redevelopment Corporation and Development Review Committee •Juneteenth Parking Holiday •Remove Definition Section Numbers –Title 19 (Planning & Zoning) •Removal of Outdated Labels for Specific Populations •Family Day Care Homes (State Law) Page 211 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Land Use & Development Massage Parlors •Issue –> Use not listed as a permitted, conditionally permitted, or unpermitted use within Title 19. •Solution –> Permitted by right within the C-C (Commercial-Core) and C-T (Commercial- Thoroughfare) zoning designations. Page 212 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Land Use & Development Design Review Permit Requirement •Issue –> Design Review process is being applied to single-family dwelling within the R-3 (Apt. –Res.) zoning designations. •Solution –> Clarify the establishment, location, expansion or alteration of multifamily structures in all multifamily residential zones requires a Design Review Permit. Page 213 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Land Use & Development R-3 Zone Height Standards •Issue –> Height standard discrepancies for R - 3 zoning designation. •Solutions –> 1) Standardize height standard within R-3 zone; 2) Add Zone R-3-L to the height standard. Page 214 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Land Use & Development Definitions •Issue –> Industrial development has evolved into uses not contemplated in the Municipal Code (i.e. goods purchased online, and flexible business models using large industrial buildings for storage and goods manufacturing). Page 215 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Land Use & Development Definitions (cont.) Solution –> Add the following definitions: •E-Commerce •Fulfillment Center •Interested Party •Self-Storage Facility •Warehousing Facility •Warehousing –Logistics and Distribution Facility •Warehousing Sales –Retail Page 216 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Process Improvements Scheduling and Timing of Public Hearings for Project Appeals •Issue –> Once a valid project appeal application has been received, the timeline to conduct the public hearing on the appeal varies . •Solution –> Revise process to establish a consistent timeline of 60 days for project appeals. Page 217 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Process Improvements Short-Term Rental (STR) Permits •Issues –> Dwellings owned by deployed active-duty military members often sit vacant for months on end. Causes to deny, issue, modify, suspend, or revoke a Short-Term Rental Permit are missing from this Chapter. •Solutions –> 1) Expand the Short-Term Rental Permit eligibility to include active-duty military members while on deployment; 2) Add reasons to deny, issue, modify, suspend or revoke Short-Term Rental Permit. Page 218 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Process Improvements Public Right-of-Way Enforcement •Issue –> Clarification needed regarding City enforcement of violations within the public right-of- way. •Solution –> Clarify enforcement responsibilities: 1) Police Department -violations within street up to curb and noise violations. 2) Code Enforcement –violations on most private property and any violations occurring between the property line and the face of curb. Page 219 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Development Oversight Committee •Comprised of developers, business owners, community organizations, engineers, architects, and contractors. •In August 2022, staff engaged with the committee to discuss the proposed package of code amendments and to gather feedback. Page 220 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Stakeholder Engagement Committee Feedback •Hearings for project appeals no later than sixty (60) days from appeal filing •Higher maximum height standard for the R-3 zone •Objective standards for large family daycare homes •Development standards for warehousing/distribution and self-storage uses Page 221 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RECOMMENDATION Place an ordinance on first reading approving revisions to the Chula Vista Municipal Code. Page 222 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Policy and Investment Report: Acknowledge Receipt of City Council Policy No. 220-01, Delegate Investment Activity Authority to the Director of Finance/Treasurer, and Accept the Investment Report for the Quarter Ending on December 31, 2022 Report Number: 23-0042 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution acknowledging receipt of City Council Policy No. 220-01 Investment Policy and Guidelines, delegating investment activity authority to the Director of Finance/Treasurer, and accepting the investment report for the quarter ending December 31, 2022. SUMMARY Per California Government Code Section 53607, on an annual basis the City Council may delegate to the City Treasurer the authority to conduct the investment activities of the City. And, per Government Code Section 53646, the City Treasurer may annually present the City’s Investment Policy to the City Council to reaffirm or make any changes to the existing policy. The Investment Policy provides guidelines for the investment of idle funds and affords the City various investment opportunities, as long as the investment is deemed prudent and is allowable under Government Code Section 53600, et seq. The Policy was reviewed and adopted by City Council on March 1, 2022. At this time, staff is not recommending any changes to the policy. Transmitted herewith is the City’s investment report for the quarter ending December 31, 2022. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in January. Page 223 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Investment Policy The City’s Investment Policy and Guidelines was last amended on March 1, 2022 by Resolution 2022-052 and was intended to provide direction for the prudent investment of temporarily idle cash, and for maximizing the efficiency of the cash management process. The stated goal is to enhance the economic condition of the City while ensuring the safety of funds invested. The policy includes a list of specific investment instruments available under the relevant California Government Code Section 53600 et seq. Each investment transaction is made in the context of first ensuring the “safety” of principal, second, investing only for that timeframe that the cash is not needed for operational purposes (“liquidity”), and last, seeking the highest return possible (“yield”) provided that the first two factors are met. Per Section 18.0 of the Investment Policy, each fiscal year the Finance Director/Treasurer shall provide a copy of the Policy for adoption by the City Council. At this time, staff is not recommending any changes to the policy. Quarterly Investment Report As shown in the below table, the total cash and investment portfolio held by the City as of December 31, 2022, was $587,565,814 and total cash and investments held by the trustees was $116,639,427. Summary of Cash and Investments as of December 31, 2022 Investments Book Value Managed Investment Portfolio 518,852,563$ State of California Local Agency Investment Fund 11,862,486 County of San Diego Pooled Investment Fund 23,365,746 Total Investments 554,080,795 Cash/Time Deposits 33,485,019 Total Cash and Investments Held by the City 587,565,814 Cash and Investments Held by Bank Trustee 116,639,427 Total Investment Portfolio 704,205,241$ Page 224 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2022-052 on March 1, 2022. During the quarter, twenty investments matured, totaling $24,994,133. Twenty-three purchases were made to replace those investments and invest idle cash. The new purchases consist of three U.S treasury notes ($9,500,000), five federal agency bonds ($11,000,000), eleven corporate notes ($23,195,000), three municipal bonds ($4,520,000), and one certificate of deposit ($249,000). Two-year Treasuries yielding 4.22% at the beginning of the quarter ended the quarter at a yield of 4.41%. As of December 31, 2022, the Weighted Yield to Maturity on the Managed Investment Portfolio was 2.05%, which was an increase of twenty-two basis points from the previous quarter. The average yield of the two- year U.S. treasury note over the last twelve months is 3.08% with some of the largest gains occurring over the last four quarters. Purchases are made at current market yields with fixed interest rates. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 2.06 years, which is a decrease from 2.07 years the prior quarter and is within the Council Policy. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. During this quarter, the FOMC met on November 2 and December 14. At their November 2 meeting, the FOMC voted to raise the Federal Funds Rate target range by 0.75%. At their December 14 meeting, the FOMC voted to raise the Federal Funds Rate target range by 0.50%. The Federal Funds Rate target range had increased to a new range of 4.25%-4.50% by the end of December. The following excerpts are from the statement issued by the FOMC following their December 14 meeting. “Recent indicators point to modest growth in spending and production. Job gains have been robust in recent months, and the unemployment rate has remained low. Inflation remains elevated, reflecting supply and demand imbalances related to the pandemic, higher food and energy prices, and broader price pressures. Russia's war against Ukraine is causing tremendous human and economic hardship. The war and related events are contributing to upward pressure on inflation and are weighing on global economic activity. The Committee is highly attentive to inflation risks. The Committee seeks to achieve maxim um employment and inflation at the rate of 2 percent over the longer run. In support of these goals, the Committee decided to raise the target range for the federal funds rate to 4-1/4 to 4-1/2 percent. The Committee anticipates that ongoing increases in the target range will be appropriate in order to attain a stance of monetary policy that is sufficiently restrictive to return inflation to 2 percent over time…. In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee's goals. The Committee's assessments will take into account a wide range of information, including readings on public health, labor market conditions, inflation pressures and inflation expectations, and financial and international developments.” There is no further activity to report other than routine investments. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months Page 225 of 957 City of Chula Vista City Council March 7, 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 real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no current-year fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Summary of Cash and Investments as of December 31, 2022 2. Investment Report for the Quarter Ended December 31, 2022 3. Council Policy 220-01 Investment Policy and Guidelines Staff Contact: Sarah Schoen, Director of Finance/Treasurer Adrian Del Rio, Assistant Director, Finance Department Page 226 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY 220-01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES, DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE/TREASURER, AND ACCEPTING THE INVESTMENT REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022 WHEREAS, the City of Chula Vista’s “Investment Policy and Guidelines,” amended on March 1, 2022 by Resolution No. 2022-052 (the Policy), is intended to provide direction for the prudent investment of temporarily idle cash and to maximize the efficiency of the cash management process; and WHEREAS, the stated goal of the Policy is to enhance the economic condition of the City while ensuring the safety of funds invested; and WHEREAS, the Policy includes a list of specific investment instruments available pursuant to California Government Code sections 53600, et seq. and 53635; and WHEREAS, each investment transaction is made in the context of first ensuring the "safety" of principal, second, investing only for that timeframe that the cash is not needed for operational purposes ("liquidity"), and last seeking the highest return possible ("yield") provided that the first two factors are met; and WHEREAS, in accordance with Section 18.0 of the Policy, staff has provided the City Council with a copy of the Policy and is not recommending any changes to the Policy at this time; WHEREAS, as of the quarter ending December 31, 2022, the Weighted Average Maturity of the Managed Investment Portfolio was 2.06 years, which is a decrease from 2.07 years the prior quarter and is within the Council Policy; WHEREAS, pursuant to California Government Code section 53607, the City Council may delegate the authority to conduct investment activities of the City to the Finance Director/Treasurer on an annual basis; and WHEREAS, City staff has prepared, and provide the City Council with, a copy of the City’s Investment Report for the quarter ending December 31, 2022. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it: Page 227 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. __________ Page 2 Acknowledges receipt of Council Policy 220-01, the City of Chula Vista Investment Policy and Guidelines; Delegates the authority to conduct and supervise the investment activities of the City to the Director of Finance/Treasurer; and Accepts the Investment Report for the quarter ending December 31, 2022. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP ________________________________ By: _______________________________ Sarah Schoen Jill D.S. Maland Director of Finance Page 228 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $91,613 $91,613 $91,613 0.01% U.S. Treasury Bond/Note 21,500,000 21,698,170 22,098,951 3.14% Federal Agency Collateralized Mtg Ob. 0 0 0 0.00% Federal Agency Bond/Note 207,695,000 196,849,682 207,127,988 29.41% Corporate Note 155,582,000 148,906,305 156,706,506 22.25% Commercial Paper 0 0 0 0.00% Certificate of Deposit 24,839,000 23,823,716 24,841,305 3.53% Municipal Bond 85,885,000 81,441,486 85,454,610 12.13% Supranationals 18,400,000 17,160,672 18,264,469 2.59% Asset Back Security/Collateralized Mtg Ob. 0 0 0 0.00% Placement Service Deposits (CDARS) 4,267,121 4,267,121 4,267,121 0.61% Managed Investment Portfolio Subtotal 518,259,734 494,238,765 518,852,563 73.68% Pooled Investments State of CA Local Agency Investment Fund 11,862,486 11,641,717 11,862,486 1.68% County of San Diego Pooled Investment Fund 23,365,746 22,580,657 23,365,746 3.32% Pooled Investments Subtotal 35,228,232 34,222,373 35,228,232 5.00% Investments Held by the City 553,487,966 528,461,139 554,080,795 8.32% Cash/Time Deposits 33,485,019 33,485,019 33,485,019 4.76% Total Cash & Investments Held by the City $586,972,985 $561,946,158 $587,565,814 83.44% Held by Bank Trustee/Fiduciary Funds Investment Agreements 0 0 0 0.00% Mutual Funds 22,895,318 22,635,986 22,895,318 3.25% Cash with Fiscal Agents 0 0 0 0.00% Restricted Cash 10,300,500 10,300,500 10,300,500 1.46% U.S. Government 83,443,608 83,443,608 83,443,608 11.85% Total Held by Bank Trustee/Fiduciary Funds $116,639,427 $116,380,095 $116,639,427 16.56% Total Portfolio $703,612,412 $678,326,253 $704,205,241 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Book value is par value of the security plus or minus any premium or discount on the security. Summary of Cash and Investments as of December 31, 2022 City of Chula Vista Page 229 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Excludes Pooled Investments and BNY Custodial Cash Account Portfolio Maturity Under 1 Year Maturity Dec 2022 Sept 2022 Change 1 - 2 Years 3-Month 4.41% 3.33% 1.08% 2 - 3 Years 1-Year 4.73% 4.05% 0.68% 3 - 4 Years 2-Year 4.41% 4.22% 0.19% 4 - 5 Years 3-Year 4.22% 4.25% -0.03% Total 5-Year 3.99% 4.06% -0.07% 10-Year 3.88% 3.83% 0.05% October November Dec 2021 Dec 2020 Dec 2019 Dec 2018 December 0.73% 0.13% 1.58% 2.48% Total for Quarter Note: Interest Earnings figures do not include capital gains or losses 344,058$ 1,743,897$ 201,358$ 209,432$ 458,197$ 868,986$ PAR Maturing U.S. Treasury Yields - Quarterly Comparison 2-Year U.S. Treasury Yield - Historical Data 999,320$ 811,308$ 797,963$ 601,876$ Interest Earnings 2022 30,854,000$ 2,612,883$ % Maturing 2021 Change 518,168,121$ 24% 28% 30% 13% 6% 100% 121,873,121$ 142,764,000$ 152,978,000$ 69,699,000$ 802,255$ City of Chula Vista Investment Report for the Quarter Ended December 31, 2022 Portfolio Summary and Key Statistics PAR Value Book Value Market Value Weighted Average Maturity (in years) Weighted Yield to Maturity Portfolio Key Statistics 553,487,966$ 554,080,795$ 528,461,139$ 2.06 2.05% 0.00%4.51% 0.00% 28.18% 37.25% 4.11% 15.41% 3.25% 0.81% 2.20% 4.27% 0.02%ASSET-BACKED SECURITY CERTIFICATE OF DEPOSIT COMMERCIAL PAPER CORPORATE NOTE FEDERAL AGENCY BOND/NOTE U.S. TREASURY NOTE MUNICIPAL BOND SUPRANATIONAL PLACEMENT SERVICE DEPOSITS LOCAL AGENCY INVESTMENT FUND SD COUNTY INVESTMENT POOL MONEY MARKET FUND (BNY MELLON) 0% 5% 10% 15% 20% 25% 30% Under 1 Year 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years 24% 28%30% 13% 6% Portfolio Maturity Distribution Page 1 of 18 Source: City of Chula Vista Finance DepartmentPage 230 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 ASSET-BACKED SECURITY SUBTOTAL 0.00 0.00 0.00 573125AF8 MARTHAS VINEYARD SB NO 1/21/2020 1.650%1/23/2023 249,000.00 NA 1/13/2020 1/21/2020 249,000.00 1.65 248,572.70 91330ABX4 UNITY BANK NJ NO 1/22/2020 1.650%1/23/2023 249,000.00 NA 1/13/2020 1/22/2020 249,000.00 1.65 248,572.70 928066BB4 VIRGINIA PARTNERS BANK NO 1/27/2020 1.650%1/27/2023 249,000.00 NA 1/13/2020 1/27/2020 249,000.00 1.65 248,501.87 74348HAE8 PROMISEONE BANK NO 2/14/2020 1.500%2/14/2023 249,000.00 NA 2/4/2020 2/14/2020 249,000.00 1.50 248,134.76 81768PAF3 SERVISFIRST BANK NO 2/21/2020 1.600%2/21/2023 249,000.00 NA 1/31/2020 2/21/2020 249,000.00 1.60 248,040.16 06425KCC1 BANK OF PERRY COUNTY NO 2/21/2020 1.550%2/21/2023 249,000.00 NA 2/4/2020 2/21/2020 249,000.00 1.55 248,021.92 709771AG4 PEOPLEFIRST BANK NO 3/6/2020 1.350%3/6/2023 249,000.00 NA 2/27/2020 3/6/2020 249,000.00 1.35 247,665.12 695292FR8 PADUCAH BANK AND TRUST NO 3/12/2020 1.250%3/13/2023 249,000.00 NA 2/28/2020 3/13/2020 249,000.00 1.25 247,473.87 31944MAR6 FIRST CAROLINA BANK NO 3/24/2020 1.100%3/24/2023 249,000.00 NA 3/2/2020 3/24/2020 249,000.00 1.10 247,158.80 856487AQ6 STATE BANK OF REESEVILLE NO 4/12/2019 2.550%4/12/2023 249,000.00 NA 3/28/2019 4/12/2019 249,000.00 2.55 247,600.44 598315CE7 MIDWEST COMMUNITY BANK NO 4/15/2020 1.200%4/14/2023 249,000.00 NA 4/3/2020 4/15/2020 249,000.00 1.20 246,601.43 12738RGA6 CADENCE BANK NO 4/15/2020 1.300%4/17/2023 248,000.00 NA 4/2/2020 4/15/2020 248,000.00 1.30 245,620.21 27002YEL6 EAGLEBANK NO 4/30/2019 2.650%4/28/2023 249,000.00 NA 4/16/2019 4/30/2019 249,000.00 2.65 247,466.85 857894F95 STEARNS BANK NO 2/10/2020 1.650%5/10/2023 247,000.00 NA 2/4/2020 2/10/2020 247,000.00 1.65 244,277.70 30886WAB1 FARMERS & MERCH SVGS BK NO 8/15/2019 1.950%8/15/2023 249,000.00 NA 8/1/2019 8/15/2019 249,000.00 1.95 244,187.18 63970QFT8 NEBRASKALAND NATIONAL BANK NO 8/22/2019 1.750%8/22/2023 248,000.00 NA 8/12/2019 8/22/2019 248,000.00 1.75 242,759.93 33766LAH1 FIRSTIER BANK NO 8/23/2019 1.900%8/23/2023 249,000.00 NA 8/8/2019 8/23/2019 249,000.00 1.90 243,941.26 02519TAW6 AMERICAN COMMERCE BANK NO 8/23/2019 1.750%8/23/2023 249,000.00 NA 8/12/2019 8/23/2019 249,000.00 1.75 243,700.94 15118RRF6 CELTIC BANK NO 8/30/2019 1.800%8/30/2023 249,000.00 NA 8/12/2019 8/30/2019 249,000.00 1.80 243,521.97 33648RAZ2 FIRST ST BANK BUXTON NO 9/5/2019 1.650%9/5/2023 249,000.00 NA 8/27/2019 9/5/2019 249,000.00 1.65 243,135.33 634116CU9 NATIONAL BANK OF NY CITY NO 9/10/2019 1.700%9/8/2023 249,000.00 NA 8/27/2019 9/10/2019 249,000.00 1.70 243,151.20 00257TBG0 ABACUS FEDERAL SVGS BANK NO 9/12/2019 1.700%9/12/2023 249,000.00 NA 8/27/2019 9/12/2019 249,000.00 1.70 243,059.93 33640VDB1 FIRST SERVICE BANK NO 9/30/2019 1.750%9/29/2023 249,000.00 NA 9/17/2019 9/30/2019 249,000.00 1.75 242,766.20 20033AM86 COMENITY CAPITAL NO 10/30/2018 3.450%10/30/2023 249,000.00 NA 10/26/2018 10/30/2018 249,000.00 3.45 245,230.58 38148PY84 GOLDMAN SACHS NO 10/31/2018 3.500%10/31/2023 245,000.00 NA 10/26/2018 10/31/2018 245,000.00 3.50 241,193.57 90348JFQ8 UBS BANK USA NO 11/7/2018 3.500%11/7/2023 249,000.00 NA 10/30/2018 11/7/2018 249,000.00 3.50 245,238.07 06740KMU8 BARCLAYS BANK NO 11/7/2018 3.450%11/7/2023 245,000.00 NA 10/29/2018 11/7/2018 245,000.00 3.45 241,207.85 61690UAZ3 MORGAN STANLEY NO 11/8/2018 3.550%11/8/2023 245,000.00 NA 10/31/2018 11/8/2018 245,000.00 3.55 241,401.55 17312QV55 CITIBANK NA NO 11/9/2018 3.450%11/9/2023 245,000.00 NA 10/26/2018 11/9/2018 245,000.00 3.45 241,184.93 949763UY0 WELLS FARGO BANK NA NO 11/9/2018 3.500%11/9/2023 249,000.00 NA 10/26/2018 11/9/2018 249,000.00 3.50 245,214.39 20143PDV9 COMMERCIAL BANK HARROGATE NO 11/15/2018 3.400%11/15/2023 249,000.00 NA 11/7/2018 11/15/2018 249,000.00 3.40 244,927.90 06426KBH0 BANK OF NEW ENGLAND NO 7/19/2019 2.150%11/20/2023 249,000.00 NA 7/10/2019 7/19/2019 249,000.00 2.15 242,128.15 06062R7R7 BANK OF BARODA NO 11/30/2018 3.550%11/30/2023 245,000.00 NA 11/20/2018 11/30/2018 245,000.00 3.55 240,952.88 57116ATG3 MARLIN BUSINESS BANK NO 12/2/2019 1.700%12/4/2023 249,000.00 NA 11/6/2019 12/2/2019 249,000.00 1.70 240,593.17 066851WH5 BAR HARBOR BANK & TRUST NO 12/31/2018 3.300%12/29/2023 249,000.00 NA 12/19/2018 12/31/2018 249,000.00 3.30 243,902.16 629801AB7 NAHEOLA CREDIT UNION NO 1/10/2020 2.000%1/10/2024 248,000.00 NA 12/20/2019 1/10/2020 248,000.00 2.00 239,253.04 58404DDG3 MEDALLION BANK UTAH NO 2/11/2019 3.000%2/12/2024 249,000.00 NA 1/30/2019 2/11/2019 249,000.00 3.00 242,379.67 77579ADF0 ROLLSTONE BANK & TRUST NO 2/12/2020 1.650%2/12/2024 247,000.00 NA 2/11/2020 2/13/2020 247,000.00 1.65 236,857.93 69324MAL9 PCSB BANK NO 2/21/2020 1.650%2/21/2024 249,000.00 NA 2/6/2020 2/21/2020 249,000.00 1.65 238,464.39 06251AW48 BANK HAPOALIM BM NY NO 3/25/2019 2.900%3/25/2024 246,000.00 NA 3/18/2019 3/25/2019 246,000.00 2.90 238,746.59 05465DAK4 AXOS BANK NO 3/26/2020 1.650%3/26/2024 249,000.00 NA 2/27/2020 3/26/2020 249,000.00 1.65 237,824.75 654062JR0 NICOLET NATIONAL BANK NO 3/31/2020 1.150%3/28/2024 249,000.00 NA 3/18/2020 3/31/2020 249,000.00 1.15 236,262.20 51210SSH1 LAKESIDE BANK NO 4/14/2020 1.250%4/12/2024 249,000.00 NA 4/3/2020 4/14/2020 249,000.00 1.25 236,362.51 472382AQ3 JEFFERSON BANK NO 4/15/2020 1.250%4/15/2024 249,000.00 NA 4/3/2020 4/15/2020 249,000.00 1.25 236,284.43 69506YRH4 PACIFIC WESTERN BANK NO 4/16/2020 1.300%4/16/2024 248,000.00 NA 4/6/2020 4/16/2020 248,000.00 1.30 235,575.31 88457PAR8 THOMASTON SAVINGS BANK NO 4/23/2020 1.250%4/23/2024 248,000.00 NA 4/13/2020 4/23/2020 248,000.00 1.25 235,241.60 66736ABT5 NORTHWEST BANK NO 4/30/2020 1.100%4/30/2024 249,000.00 NA 4/17/2020 4/30/2020 249,000.00 1.10 235,610.21 32027BAM9 FIRST FREEDOM BANK NO 4/30/2020 1.100%4/30/2024 249,000.00 NA 4/17/2020 4/30/2020 249,000.00 1.10 235,610.21 Page 2 of 18 Page 231 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 909242AH2 UNITED REPUBLIC BANK NO 5/13/2020 1.000%5/13/2024 249,000.00 NA 4/21/2020 5/13/2020 249,000.00 1.00 234,932.09 14042RLZ2 CAPITAL ONE NA NO 6/19/2019 2.500%6/19/2024 246,000.00 NA 6/11/2019 6/19/2019 246,000.00 2.50 236,708.18 14042TAW7 CAPITAL ONE BANK NO 6/19/2019 2.500%6/19/2024 246,000.00 NA 6/11/2019 6/19/2019 246,000.00 2.50 236,708.18 501798NL2 LCA BANK CORPORATION NO 6/28/2019 2.200%6/28/2024 247,000.00 NA 6/19/2019 6/28/2019 247,000.00 2.20 236,458.01 761402BY1 REVERE BANK NO 6/28/2019 2.300%6/28/2024 247,000.00 NA 6/18/2019 6/28/2019 247,000.00 2.30 236,813.86 156634AS6 CENTURY NEXT BANK NO 7/17/2019 2.000%7/17/2024 249,000.00 NA 7/3/2019 7/17/2019 249,000.00 2.00 237,388.17 15721UDB2 CF BANK NO 8/19/2019 1.850%8/19/2024 247,000.00 NA 8/8/2019 8/19/2019 247,000.00 1.85 234,496.16 33617LAC3 FIRST RESOURCE BANK NO 8/21/2019 1.700%8/21/2024 249,000.00 NA 8/12/2019 8/21/2019 249,000.00 1.70 235,758.69 128829AF5 CALDWELL BANK & TRUST NO 8/23/2019 1.900%8/23/2024 247,000.00 NA 8/7/2019 8/23/2019 247,000.00 1.90 234,715.96 938828BJ8 WASHINGTON FEDERAL NO 8/23/2019 2.050%8/23/2024 249,000.00 NA 7/29/2019 8/23/2019 249,000.00 2.05 237,111.30 372348CK6 GENOA BANKING COMPANY NO 8/28/2019 1.800%8/28/2024 249,000.00 NA 8/12/2019 8/28/2019 249,000.00 1.80 236,012.80 589227AG2 MERCHANTS STATE BANK NO 8/30/2019 1.800%8/30/2024 247,000.00 NA 8/7/2019 8/30/2019 247,000.00 1.80 234,428.80 740367HS9 PREFERRED BANK NO 8/30/2019 1.850%8/30/2024 249,000.00 NA 8/7/2019 8/30/2019 249,000.00 1.85 236,424.35 710665FD7 PEOPLES BANK ROCK VALLEY NO 3/10/2020 1.500%9/10/2024 249,000.00 NA 2/24/2020 3/10/2020 249,000.00 1.50 234,770.53 020080BL0 ALMA BANK NO 9/11/2019 1.750%9/11/2024 249,000.00 NA 8/27/2019 9/11/2019 249,000.00 1.75 235,775.51 064236BG6 BANK OF OLD MONROE NO 9/18/2019 1.700%9/18/2024 249,000.00 NA 8/27/2019 9/18/2019 249,000.00 1.70 235,425.19 849430BA0 SPRING BANK NO 9/19/2019 1.650%9/19/2024 249,000.00 NA 8/27/2019 9/19/2019 249,000.00 1.65 235,196.60 29367RLA2 ENTERPRISE BANK NO 9/27/2019 1.800%9/27/2024 247,000.00 NA 9/17/2019 9/27/2019 247,000.00 1.80 233,874.12 06652CHB0 BANKWEST INC NO 9/27/2019 1.700%9/27/2024 249,000.00 NA 9/12/2019 9/27/2019 249,000.00 1.70 235,239.51 903572DX0 UINTA BANK NO 10/16/2019 1.700%10/16/2024 247,000.00 NA 10/4/2019 10/16/2019 247,000.00 1.70 233,338.97 62844AAP2 MUTUALBANK NO 10/22/2019 1.700%10/22/2024 249,000.00 NA 10/4/2019 10/22/2019 249,000.00 1.70 234,994.43 32116PAM0 FIRST BANK OF NEBRASKA NO 10/30/2019 1.700%10/30/2024 249,000.00 NA 10/9/2019 10/30/2019 249,000.00 1.70 235,107.72 29367SJQ8 ENTERPRISE BANK & TRUST NO 11/8/2019 1.800%11/8/2024 249,000.00 NA 10/22/2019 11/8/2019 249,000.00 1.80 235,376.87 89579NCB7 TRIAD BANK NO 11/8/2019 1.800%11/8/2024 249,000.00 NA 11/4/2019 11/8/2019 249,000.00 1.80 235,376.87 560507AN5 MAINE SAVINGS FCU NO 11/8/2019 1.900%11/8/2024 245,000.00 NA 2/3/2020 2/5/2020 247,305.45 1.69 232,036.47 201282JB7 COMMERCIAL BANK ALMA MI NO 11/13/2019 1.750%11/13/2024 249,000.00 NA 10/31/2019 11/13/2019 249,000.00 1.75 235,055.42 20404YCF0 COMMUNITY STATE BANK IL NO 3/2/2020 1.550%12/2/2024 249,000.00 NA 2/13/2020 3/2/2020 249,000.00 1.55 234,047.18 204161BJ1 COMMUNITY BANK TEXAS NO 12/4/2019 1.800%12/4/2024 249,000.00 NA 11/20/2019 12/4/2019 249,000.00 1.80 235,168.00 062163BN9 BANK FORWARD NO 12/18/2019 1.750%12/18/2024 249,000.00 NA 12/5/2019 12/18/2019 249,000.00 1.75 234,669.22 35637RDC8 FREEDOM FINANCIAL BANK NO 2/14/2020 1.550%2/14/2025 249,000.00 NA 2/6/2020 2/14/2020 249,000.00 1.55 233,019.85 32114VBT3 FIRST NATL BANK MICHIGAN NO 2/14/2020 1.650%2/14/2025 249,000.00 NA 2/4/2020 2/14/2020 249,000.00 1.65 233,530.04 029728BC5 AMERICAN STATE BANK IA NO 2/21/2020 1.600%2/21/2025 249,000.00 NA 2/6/2020 2/21/2020 249,000.00 1.60 233,140.49 07815AAZ0 BELL BANK CORP NO 2/27/2020 1.600%2/27/2025 249,000.00 NA 2/10/2020 2/27/2020 249,000.00 1.60 233,025.54 02554BCZ2 AMERICAN EAGLE BANK IL NO 2/28/2020 1.600%2/28/2025 249,000.00 NA 2/18/2020 3/2/2020 249,000.00 1.60 233,006.38 44042TBX1 HORIZON BANK WAVERLY NE NO 2/28/2020 1.550%2/28/2025 249,000.00 NA 2/6/2020 2/28/2020 249,000.00 1.55 232,746.92 32117WAN2 FNB OF ALBANY NO 2/28/2020 1.600%2/28/2025 249,000.00 NA 2/25/2020 2/28/2020 249,000.00 1.60 233,006.38 46256YBF5 IOWA STATE BANK NO 3/5/2020 1.500%3/5/2025 248,000.00 NA 2/24/2020 3/5/2020 248,000.00 1.50 231,741.93 00435JBH5 ACCESS BANK OMAHA NE NO 3/13/2020 1.600%3/13/2025 249,000.00 NA 2/27/2020 3/13/2020 249,000.00 1.60 232,914.18 58117WAG2 MCHENRY SAVINGS BANK NO 3/13/2020 1.550%3/13/2025 249,000.00 NA 2/25/2020 3/13/2020 249,000.00 1.55 232,650.58 30257JAR6 FNB BANK INC/ROMNEY NO 3/18/2020 1.150%3/18/2025 249,000.00 NA 3/2/2020 3/18/2020 249,000.00 1.15 230,432.91 411822CN7 HARDIN COUNTY BANK NO 3/27/2020 1.000%3/27/2025 249,000.00 NA 3/9/2020 3/27/2020 249,000.00 1.00 229,433.55 064657BB4 BANK OF ROMNEY NO 3/27/2020 1.150%3/27/2025 249,000.00 NA 3/2/2020 3/27/2020 249,000.00 1.15 230,237.42 79772FAF3 SAN FRANCISCO CREDIT NO 3/27/2020 1.100%3/27/2025 249,000.00 NA 3/10/2020 3/27/2025 249,000.00 1.10 229,969.46 152577AZ5 CENTRAL BANK NO 3/27/2020 1.000%3/27/2025 249,000.00 NA 3/11/2020 3/27/2020 249,000.00 1.00 229,433.55 499724AM4 KNOXVILLE TVA EMPL CREDIT NO 3/31/2020 1.000%3/31/2025 249,000.00 NA 3/11/2020 3/31/2020 249,000.00 1.00 229,662.90 15201QCJ4 CENTERSTATE BANK NO 3/30/2020 1.000%3/31/2025 248,000.00 NA 3/10/2020 3/30/2020 248,000.00 1.00 228,896.48 38058KEF9 GOLD COAST BANK NO 4/15/2020 1.300%4/15/2025 249,000.00 NA 3/31/2020 4/15/2020 249,000.00 1.30 230,809.02 87164WZS0 SYNCHRONY BANK NO 4/17/2020 1.450%4/17/2025 248,000.00 NA 4/6/2020 4/17/2020 248,000.00 1.45 230,800.06 856285TF8 STATE BANK OF INDIA NO 4/29/2020 1.600%4/29/2025 248,000.00 NA 4/13/2020 4/29/2020 248,000.00 1.60 231,392.17 Page 3 of 18 Page 232 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 08016PDP1 BELMONT BANK & TRUST NO 4/30/2020 1.300%4/30/2025 249,000.00 NA 4/3/2020 4/30/2020 249,000.00 1.30 230,666.89 55316CAY2 M1 BANK NO 5/8/2020 1.000%5/8/2025 248,000.00 NA 4/27/2020 5/8/2020 248,000.00 1.00 228,064.57 01882MAC6 ALLIANT CREDIT UNION NO 12/30/2022 5.000%12/30/2027 249,000.00 NA 12/21/2022 12/30/2022 249,000.00 5.00 260,144.75 CERTIFICATE OF DEPOSIT SUBTOTAL 24,839,000.00 24,841,305.45 23,823,715.69 COMMERCIAL PAPER SUBTOTAL 0.00 0.00 0.00 21688AAL6 COOPERATIVE RABOBANK NY NO 1/10/2018 2.750%1/10/2023 2,500,000.00 A+3/25/2019 3/28/2019 2,485,700.00 2.91 2,499,050.00 654106AC7 NIKE INC MW&C 4/26/2013 2.250%5/1/2023 1,200,000.00 AA-7/26/2019 7/30/2019 1,206,456.00 2.09 1,190,604.00 540424AQ1 LOEWS CORP MW 5/7/2013 2.625%5/15/2023 1,500,000.00 A 2/5/2020 2/7/2020 1,538,700.00 1.74 1,486,755.00 828807DD6 SIMON PROPERTY GROUP LP MW 12/11/2017 2.750%6/1/2023 2,000,000.00 A-1/9/2020 1/13/2020 2,050,240.00 1.92 1,980,080.00 24422EUH0 JOHN DEERE CAPITAL CORP NO 6/7/2018 3.450%6/7/2023 2,000,000.00 A 2/6/2020 2/10/2020 2,111,060.00 1.72 1,988,520.00 17330PSX8 CITIGROUP GLOBAL MARKETS NO 7/20/2022 3.750%7/20/2023 3,500,000.00 A 7/12/2022 7/20/2022 3,500,000.00 3.75 3,457,965.00 06053FAA7 BANK OF AMERICA CORP NO 7/23/2013 4.100%7/24/2023 1,255,000.00 A-12/8/2021 12/10/2021 1,322,968.05 0.74 1,249,503.10 69349LAM0 PNC BANK NA YES 7/25/2013 3.800%7/25/2023 2,525,000.00 A-12/22/2021 12/27/2021 2,633,878.00 0.89 2,507,628.00 06406FAD5 BANK OF NEW YORK MELLON CORP YES 8/16/2016 2.200%8/16/2023 3,000,000.00 A 12/22/2021 12/27/2021 3,066,220.51 0.84 2,953,500.00 89236THA6 TOYOTA MOTOR CORP MW 5/26/2020 1.350%8/25/2023 2,500,000.00 A+12/29/2021 12/31/2021 2,523,100.00 0.79 2,444,050.00 375558BL6 GILEAD SCIENCES MW 9/20/2016 2.500%9/1/2023 3,092,000.00 BBB+6/3/2019 6/5/2019 3,086,640.60 2.54 3,040,703.72 02665WDM0 AMERICAN HONDA FINANCE MW 9/10/2020 0.650%9/8/2023 3,000,000.00 A-12/8/2021 12/10/2021 2,990,803.11 0.83 2,913,990.00 59156RBB3 METLIFE INC MW 9/10/2013 4.368%9/15/2023 3,549,000.00 A-12/22/2021 12/27/2021 3,761,159.22 0.86 3,537,501.24 231021AR7 CUMMINS INC MW 9/24/2013 3.650%10/1/2023 3,500,000.00 A+7/15/2019 7/18/2019 3,689,081.20 2.22 3,465,840.00 14913Q2S7 CATERPILLAR FINL MW 12/7/2018 3.650%12/7/2023 3,700,000.00 A 6/4/2019 6/6/2019 3,870,829.00 2.56 3,659,004.00 373298CF3 GEORGIA-PACIFIC MW 12/11/2003 8.000%1/15/2024 320,000.00 A+7/24/2019 7/26/2019 395,206.40 2.42 329,670.40 24422EUX5 JOHN DEERE CAPITAL CORP NO 6/7/2019 2.600%3/7/2024 3,000,000.00 A 5/1/2020 5/5/2020 3,154,993.53 1.22 2,923,260.00 904764AX5 UNILEVER CAPITAL MW&C 5/5/2017 2.600%5/5/2024 1,500,000.00 A+2/4/2020 2/6/2020 1,550,235.00 1.75 1,454,580.00 904764AX5 UNILEVER CAPITAL MW&C 5/5/2017 2.600%5/5/2024 2,000,000.00 A+2/6/2020 2/10/2020 2,063,700.00 1.79 1,939,440.00 037833AS9 APPLE INC MW 5/6/2014 3.450%5/6/2024 250,000.00 AA+1/31/2020 2/4/2020 268,607.50 1.63 245,535.00 037833CU2 APPLE INC MW 5/11/2017 2.850%5/11/2024 650,000.00 AA+2/5/2020 2/7/2020 679,640.00 1.69 633,061.00 882508BB9 TEXAS INSTRUMENTS MW 5/4/2017 2.625%5/15/2024 1,000,000.00 A+7/16/2019 7/19/2019 1,015,040.00 2.28 972,860.00 06406HCV9 BANK OF NEW YORK MELLON CORP MW 5/7/2014 3.400%5/15/2024 600,000.00 A 5/4/2020 5/6/2020 647,702.11 1.36 587,856.00 459200JY8 IBM CORP MW 5/15/2019 3.000%5/15/2024 3,000,000.00 A-7/14/2021 7/16/2021 3,201,589.22 0.60 2,918,670.00 04636NAC7 ASTRAZENECA FINANCE LLC MW 5/28/2021 0.700%5/28/2024 2,500,000.00 A 12/13/2021 12/15/2021 2,476,175.00 1.10 2,357,150.00 68233JBM5 ONCOR ELECTRIC DELIVERY MW 5/23/2019 2.750%6/1/2024 475,000.00 A+12/23/2021 12/28/2021 493,349.25 1.08 459,728.75 440452AG5 HORMEL FOODS CORP MW 6/3/2021 0.650%6/3/2024 3,000,000.00 A 1/19/2022 1/21/2022 2,962,380.00 1.19 2,826,150.00 931142EL3 WALMART INC MW 4/23/2019 2.850%7/8/2024 3,900,000.00 AA 5/10/2022 5/12/2022 3,910,569.00 2.71 3,792,243.00 79466LAG9 SALESFORCE.COM INC MW 7/12/2021 0.625%7/15/2024 450,000.00 A+12/8/2021 12/10/2021 446,113.52 0.96 422,284.50 91324PDR0 UNITED HEALTH MW 7/25/2019 2.375%8/15/2024 3,000,000.00 A+7/9/2021 7/13/2021 3,164,611.52 0.58 2,886,060.00 30231GBC5 EXXON MOBIL CO MW 8/16/2019 2.019%8/16/2024 1,000,000.00 AA-6/28/2021 6/30/2021 1,042,229.78 0.65 956,920.00 023135AZ9 AMAZON.COM INC MW 2/22/2018 2.800%8/22/2024 226,000.00 AA 1/14/2020 1/16/2020 234,784.62 1.88 219,086.66 12189LAT8 BURLINGTON NORTH SANTA FE MW 8/18/2014 3.400%9/1/2024 1,000,000.00 AA-1/14/2020 1/16/2020 1,063,990.00 1.87 975,990.00 12189LAT8 BURLINGTON NORTH SANTA FE MW 8/18/2014 3.400%9/1/2024 3,000,000.00 AA-12/3/2021 12/7/2021 3,178,248.00 0.97 2,927,970.00 191216CL2 COCA-COLA CO MW 9/6/2019 1.750%9/6/2024 3,200,000.00 A+12/17/2021 12/21/2021 3,268,288.00 0.95 3,050,976.00 70450YAC7 PAYPAL HOLDING MW 9/26/2019 2.400%10/1/2024 950,000.00 A-6/28/2021 6/30/2021 1,002,643.56 0.67 910,879.00 06406RAL1 BANK OF NEW YORK MELLON CORP NO 10/24/2019 2.100%10/24/2024 1,000,000.00 A 12/8/2021 12/10/2021 1,026,690.00 1.15 953,690.00 14913Q3B3 CATERPILLAR FINL MW 11/8/2019 2.150%11/8/2024 3,000,000.00 A 12/3/2021 12/7/2021 3,093,739.11 1.06 2,863,590.00 427866BC1 HERSHEY COMPANY MW 10/31/2019 2.050%11/15/2024 677,000.00 A 1/14/2020 1/16/2020 682,504.01 1.87 643,962.40 00724FAC5 ADOBE SYSTEMS INC MW 1/26/2015 3.250%2/1/2025 2,595,000.00 A+5/5/2022 5/9/2022 2,603,405.15 3.11 2,523,481.80 69371RQ66 PACCAR FINANCIAL NO 2/6/2020 1.800%2/6/2025 1,000,000.00 A+7/29/2021 8/2/2021 1,039,501.74 0.66 941,600.00 89236TGT6 TOYOTA MOTOR CORP MW 2/13/2020 1.800%2/13/2025 1,000,000.00 A+10/15/2021 10/19/2021 1,025,005.34 1.03 940,330.00 88579YBH3 3M COMPANY MW 8/26/2019 2.000%2/14/2025 2,500,000.00 A+1/19/2022 1/21/2022 2,540,850.00 1.44 2,369,375.00 384802AE4 WW GRAINGER INC MW 2/26/2020 1.850%2/15/2025 580,000.00 A+7/23/2021 7/27/2021 602,805.02 0.70 544,863.60 Page 4 of 18 Page 233 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 24422EUE7 JOHN DEERE CAPITAL CORP NO 3/13/2018 3.450%3/13/2025 1,250,000.00 A 11/19/2021 11/23/2021 1,345,784.48 1.08 1,217,512.50 458140BP4 INTEL CORP MW 3/25/2020 3.400%3/25/2025 2,001,000.00 A+11/22/2022 11/25/2022 1,951,375.20 4.53 1,948,994.01 023135CE4 AMAZON.COM INC MW 4/13/2022 3.000%4/13/2025 3,000,000.00 AA 5/9/2022 5/11/2022 3,000,780.00 2.99 2,898,600.00 87612EBL9 TARGET CORP MW 3/31/2020 2.250%4/15/2025 3,000,000.00 A 1/27/2022 1/31/2022 3,046,902.17 1.75 2,846,550.00 037833DT4 APPLE INC MW 5/11/2020 1.125%5/11/2025 1,131,000.00 AA+11/19/2021 11/23/2021 1,131,188.51 1.12 1,042,092.09 438516CB0 HONEYWELL INTERNATIONAL MW 5/18/2020 1.350%6/1/2025 3,000,000.00 A 11/19/2021 11/23/2021 3,020,786.76 1.14 2,775,810.00 023135BQ8 AMAZON.COM INC MW 6/3/2020 0.800%6/3/2025 1,678,000.00 AA 12/14/2021 12/16/2021 1,655,794.57 1.19 1,533,423.52 46625HMN7 JP MORGAN CHASE YES 7/21/2015 3.900%7/15/2025 2,000,000.00 A-1/21/2022 1/25/2022 2,137,260.00 1.85 1,954,680.00 69371RR99 PACCAR FINANCIAL NO 8/11/2022 3.550%8/11/2025 2,300,000.00 A+12/13/2022 12/15/2022 2,253,206.04 4.37 2,237,187.00 857477AT0 STATE STREET CORP NO 8/18/2015 3.550%8/18/2025 1,600,000.00 A 3/25/2022 3/29/2022 1,623,320.62 3.09 1,556,672.00 231021AU0 CUMMINS INC MW 8/24/2020 0.750%9/1/2025 743,000.00 A+12/8/2021 12/10/2021 728,678.81 1.28 670,527.78 231021AU0 CUMMINS INC MW 8/24/2020 0.750%9/1/2025 2,257,000.00 A+12/16/2021 12/20/2021 2,222,307.35 1.18 2,036,852.22 437076BK7 HOME DEPOT INC MW 9/15/2015 3.350%9/15/2025 3,200,000.00 A 7/29/2022 8/2/2022 3,224,486.40 3.09 3,105,152.00 89236THP3 TOYOTA MOTOR CORP MW 10/16/2020 0.800%10/16/2025 3,000,000.00 A+12/8/2021 12/10/2021 2,931,090.00 1.42 2,688,000.00 92826CAD4 VISA INC MW 12/14/2015 3.150%12/14/2025 2,500,000.00 AA-3/24/2022 3/28/2022 2,535,958.53 2.74 2,410,475.00 713448DF2 PEPSICO INC MW 2/24/2016 2.850%2/24/2026 1,872,000.00 A+10/4/2022 10/6/2022 1,785,214.08 4.34 1,779,841.44 17275RBC5 CISCO SYSTEMS MW 2/29/2016 2.950%2/28/2026 3,500,000.00 AA-11/22/2022 11/25/2022 3,353,490.00 4.34 3,340,855.00 87612EBE5 TARGET CORP MW 4/11/2016 2.500%4/15/2026 1,850,000.00 A 10/3/2022 10/5/2022 1,736,749.15 4.39 1,734,190.00 87612EBE5 TARGET CORP MW 4/11/2016 2.500%4/15/2026 1,901,000.00 A 12/13/2022 12/15/2022 1,802,920.14 4.17 1,781,997.40 69371RR32 PACCAR FINANCIAL NO 5/10/2021 1.100%5/11/2026 3,000,000.00 A+10/3/2022 10/5/2022 2,673,850.54 4.40 2,676,330.00 458140AU4 INTEL CORP MW 5/19/2016 2.600%5/19/2026 2,374,000.00 A+12/23/2021 12/28/2021 2,494,124.40 1.34 2,215,274.36 931142EM1 WALMART INC MW 4/23/2019 3.050%7/8/2026 1,900,000.00 AA 9/23/2022 9/27/2022 1,829,939.40 4.11 1,830,384.00 17275RBL5 CISCO SYSTEMS MW 9/20/2016 2.500%9/20/2026 1,150,000.00 AA-10/4/2022 10/6/2022 1,084,622.50 4.07 1,072,099.00 438516BL9 HONEYWELL INTERNATIONAL MW 10/31/2016 2.500%11/1/2026 1,185,000.00 A 8/1/2022 8/3/2022 1,160,092.98 3.03 1,092,759.60 654106AF0 NIKE INC MW 10/21/2016 2.375%11/1/2026 1,035,000.00 AA-8/2/2022 8/4/2022 1,003,598.10 3.14 956,350.35 452308AX7 ILLINOIS TOOL WORKS INC MW 11/7/2016 2.650%11/15/2026 1,421,000.00 A+10/14/2022 10/18/2022 1,305,557.96 4.87 1,321,444.74 002824BF6 ABBOTT LABORATORIES MW 11/22/2016 3.750%11/30/2026 1,000,000.00 AA-10/17/2022 10/19/2022 964,363.96 4.71 974,690.00 06048WS84 BANK OF AMERICA CORP YES 3/2/2022 2.750%3/2/2027 4,000,000.00 A-2/28/2022 3/2/2022 4,000,000.00 2.75 3,593,120.00 808513BY0 CHARLES SCHWAB CORP MW 3/3/2022 2.450%3/3/2027 2,205,000.00 A 8/1/2022 8/3/2022 2,121,115.19 3.35 2,013,473.70 713448ER5 PEPSICO INC MW 3/19/2020 2.625%3/19/2027 1,935,000.00 A+8/2/2022 8/4/2022 1,892,043.00 3.14 1,800,130.50 22160KAM7 COSTCO WHOLESALE CORP MW 5/18/2017 3.000%5/18/2027 3,200,000.00 A+11/21/2022 11/23/2022 3,030,376.96 4.31 3,013,696.00 58933YBC8 MERCK & CO INC MW 12/10/2021 1.700%6/10/2027 3,200,000.00 A+8/2/2022 8/4/2022 2,988,096.00 3.18 2,841,184.00 CORPORATE NOTE SUBTOTAL 155,582,000.00 156,706,505.87 148,906,305.38 3130AJ7E3 FED HOME LN BANK (FHLB)NO 2/21/2020 1.375%2/17/2023 3,000,000.00 AA+3/30/2022 3/31/2022 2,994,780.19 1.57 2,989,050.00 3130AS4V8 FED HOME LN BANK (FHLB)YES 6/9/2022 2.000%3/9/2023 2,400,000.00 NR 5/12/2022 6/9/2022 2,400,000.00 2.00 2,390,328.00 3137EAEN5 FREDDIE MAC (FHLMC)NO 6/11/2018 2.750%6/19/2023 2,000,000.00 AA+1/21/2022 1/24/2022 2,054,995.37 0.78 1,983,120.00 3133ENEY2 FED FARM CREDIT (FFCB)NO 11/24/2021 0.450%7/24/2023 3,000,000.00 AA+1/21/2022 1/24/2022 2,982,204.90 0.85 2,926,320.00 3133EKZK5 FED FARM CREDIT (FFCB)NO 8/14/2019 1.600%8/14/2023 2,719,000.00 AA+8/21/2019 8/22/2019 2,728,063.74 1.51 2,666,903.96 3133ENAL4 FED FARM CREDIT (FFCB)NO 10/12/2021 0.290%10/12/2023 3,500,000.00 AA+1/24/2022 1/25/2022 3,463,997.50 0.90 3,380,195.00 3137EAEY1 FREDDIE MAC (FHLMC)NO 10/16/2020 0.125%10/16/2023 3,000,000.00 AA+1/5/2022 1/6/2022 2,969,049.00 0.71 2,893,470.00 3130ASNW5 FED HOME LN BANK (FHLB)YES 7/27/2022 3.400%10/27/2023 3,750,000.00 AA+7/12/2022 7/27/2022 3,750,000.00 3.40 3,698,625.00 3130APU29 FED HOME LN BANK (FHLB)NO 11/12/2021 0.500%11/9/2023 3,500,000.00 AA+1/5/2022 1/6/2022 3,484,022.50 0.75 3,375,400.00 3130APWH4 FED HOME LN BANK (FHLB)YES 11/24/2021 0.750%11/22/2023 3,500,000.00 AA+1/3/2022 1/4/2022 3,497,186.00 0.79 3,376,905.00 3133ENEX4 FED FARM CREDIT (FFCB)NO 11/24/2021 0.550%11/24/2023 3,000,000.00 AA+1/5/2022 1/6/2022 2,987,194.59 0.78 2,883,300.00 3133ENHR4 FED FARM CREDIT (FFCB)NO 12/20/2021 0.680%12/20/2023 3,000,000.00 AA+1/24/2022 1/25/2022 2,983,080.00 0.98 2,882,940.00 3130ASP29 FED HOME LN BANK (FHLB)YES 7/29/2022 3.250%1/26/2024 4,000,000.00 AA+7/12/2022 7/29/2022 4,000,000.00 3.25 3,923,280.00 3130AQLR2 FED HOME LN BANK (FHLB)YES 2/7/2022 1.000%2/7/2024 2,500,000.00 AA+1/21/2022 2/7/2022 2,497,500.00 1.05 2,397,775.00 3130ASUZ0 FED HOME LN BANK (FHLB)YES 8/23/2022 3.230%2/23/2024 2,500,000.00 AA+8/10/2022 8/23/2022 2,497,500.00 3.30 2,448,900.00 3130AS3H0 FED HOME LN BANK (FHLB)YES 5/26/2022 2.625%2/26/2024 1,600,000.00 AA+5/10/2022 5/26/2022 1,600,000.00 2.63 1,555,328.00 Page 5 of 18 Page 234 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 3133ENQX1 FED FARM CREDIT (FFCB)YES 3/8/2022 1.670%3/8/2024 2,500,000.00 AA+3/3/2022 3/8/2022 2,500,000.00 1.67 2,405,100.00 3130AQD34 FED HOME LN BANK (FHLB)YES 12/28/2021 0.820%3/28/2024 3,500,000.00 AA+12/14/2021 12/28/2021 3,500,000.00 0.82 3,324,335.00 3130ARJJ1 FED HOME LN BANK (FHLB)YES 4/25/2022 2.500%4/25/2024 2,720,000.00 AA+3/25/2022 4/25/2022 2,720,000.00 2.50 2,633,667.20 3134GWJ64 FREDDIE MAC (FHLMC)YES 9/10/2020 0.400%6/10/2024 1,950,000.00 Aaa 12/16/2021 12/17/2021 1,929,720.00 0.82 1,826,409.00 3135GA5Y3 FANNIE MAE (FNMA)YES 12/14/2020 0.375%6/14/2024 2,140,000.00 AA+12/14/2021 12/15/2021 2,115,197.85 0.85 2,005,458.20 3130AQAH6 FED HOME LN BANK (FHLB)YES 12/28/2021 1.000%6/28/2024 4,000,000.00 AA+12/3/2021 12/28/2021 4,000,000.00 1.00 3,775,280.00 3133ELQ56 FED FARM CREDIT (FFCB)YES 7/2/2020 0.570%7/2/2024 3,000,000.00 AA+12/16/2021 12/17/2021 2,981,100.00 0.82 2,814,150.00 3130AP7D1 FED HOME LN BANK (FHLB)YES 10/19/2021 0.450%7/19/2024 2,090,000.00 AA+12/16/2021 12/17/2021 2,067,741.50 0.87 1,951,997.30 3130AQL68 FED HOME LN BANK (FHLB)YES 1/26/2022 1.080%7/26/2024 3,200,000.00 AA+1/6/2022 1/26/2022 3,200,000.00 1.08 3,016,736.00 3130APQX6 FED HOME LN BANK (FHLB)YES 11/23/2021 0.940%8/23/2024 2,300,000.00 AA+10/28/2021 11/23/2021 2,300,000.00 0.94 2,157,860.00 3130AS3U1 FED HOME LN BANK (FHLB)YES 5/26/2022 3.000%8/26/2024 3,000,000.00 AA+5/11/2022 5/26/2022 3,000,000.00 3.00 2,908,680.00 3130APYH2 FED HOME LN BANK (FHLB)YES 12/16/2021 1.000%9/16/2024 4,000,000.00 AA+11/17/2021 12/16/2021 4,000,000.00 1.00 3,748,680.00 3130AQ4Q3 FED HOME LN BANK (FHLB)YES 12/23/2021 1.000%9/23/2024 3,000,000.00 AA+12/1/2021 12/23/2021 3,000,000.00 1.00 2,809,950.00 31422BMD9 FARMER MAC (FAMCA)NO 9/26/2019 1.740%9/26/2024 4,000,000.00 NR 10/28/2019 10/31/2019 3,997,528.13 1.75 3,811,960.00 3130AQD59 FED HOME LN BANK (FHLB)YES 12/30/2021 1.000%9/30/2024 3,200,000.00 AA+12/23/2021 12/30/2021 3,200,000.00 1.00 2,992,640.00 3133EGYR0 FED FARM CREDIT (FFCB)NO 10/17/2016 1.820%10/17/2024 1,000,000.00 AA+2/5/2020 2/6/2020 1,013,630.00 1.52 954,810.00 3130AQHL0 FED HOME LN BANK (FHLB)YES 1/25/2022 1.050%10/25/2024 3,500,000.00 AA+1/20/2022 1/25/2022 3,481,819.66 1.24 3,272,360.00 3133EK4Y9 FED FARM CREDIT (FFCB)NO 11/1/2019 1.650%11/1/2024 3,000,000.00 AA+2/6/2020 2/7/2020 3,017,700.00 1.52 2,853,000.00 3130APQM0 FED HOME LN BANK (FHLB)YES 11/18/2021 1.000%11/18/2024 2,300,000.00 AA+10/28/2021 11/18/2021 2,300,000.00 1.00 2,144,244.00 3130AQ3B7 FED HOME LN BANK (FHLB)YES 11/30/2021 1.000%11/25/2024 1,000,000.00 AA+12/14/2021 12/15/2021 1,000,368.28 0.99 931,670.00 3133EN4N7 FED FARM CREDIT (FFCB)NO 12/20/2022 4.250%12/20/2024 1,200,000.00 AA+12/28/2022 12/29/2022 1,194,984.00 4.47 1,193,220.00 3133ENKS8 FED FARM CREDIT (FFCB)NO 1/11/2022 1.125%1/6/2025 1,500,000.00 AA+1/10/2022 1/11/2022 1,496,925.00 1.20 1,402,305.00 3130A4CH3 FED HOME LN BANK (FHLB)NO 2/17/2015 2.375%3/14/2025 3,000,000.00 AA+12/17/2021 12/20/2021 3,137,340.00 0.93 2,870,220.00 3130ARA35 FED HOME LN BANK (FHLB)YES 3/24/2022 2.000%3/24/2025 3,000,000.00 AA+3/2/2022 3/24/2022 3,000,000.00 2.00 2,829,360.00 3130ANX96 FED HOME LN BANK (FHLB)YES 9/28/2021 0.600%3/28/2025 3,500,000.00 AA+12/15/2021 12/16/2021 3,447,500.00 1.07 3,198,615.00 3130ARJP7 FED HOME LN BANK (FHLB)YES 4/21/2022 2.670%4/21/2025 2,500,000.00 AA+3/25/2022 4/21/2022 2,500,000.00 2.67 2,387,900.00 3130APKK0 FED HOME LN BANK (FHLB)YES 10/28/2021 0.850%4/28/2025 1,730,000.00 AA+10/15/2021 10/28/2021 1,730,000.00 0.85 1,580,562.60 3130APXP5 FED HOME LN BANK (FHLB)YES 11/23/2021 1.150%5/23/2025 3,000,000.00 AA+11/17/2021 11/23/2021 3,000,000.00 1.15 2,764,440.00 3130ASG86 FED HOME LN BANK (FHLB)NO 6/15/2022 3.375%6/13/2025 2,500,000.00 AA+8/1/2022 8/2/2022 2,536,625.00 2.84 2,434,975.00 3135G04Z3 FANNIE MAE (FNMA)NO 6/19/2020 0.500%6/17/2025 4,000,000.00 AA+12/27/2021 12/28/2021 3,921,600.00 1.08 3,642,600.00 3133ENHW3 FED FARM CREDIT (FFCB)YES 12/23/2021 1.170%6/23/2025 3,000,000.00 AA+12/14/2021 12/23/2021 3,000,000.00 1.17 2,762,520.00 3130APK38 FED HOME LN BANK (FHLB)YES 10/27/2021 0.875%6/27/2025 3,500,000.00 AA+1/6/2022 1/7/2022 3,459,774.50 1.21 3,194,345.00 3130AQ5S8 FED HOME LN BANK (FHLB)YES 12/30/2021 1.250%6/30/2025 3,500,000.00 AA+12/1/2021 12/30/2021 3,500,000.00 1.25 3,223,920.00 3130AQGV9 FED HOME LN BANK (FHLB)YES 1/18/2022 1.200%7/18/2025 3,500,000.00 AA+12/29/2021 1/18/2022 3,500,000.00 1.20 3,215,730.00 3130AQHV8 FED HOME LN BANK (FHLB)YES 1/25/2022 1.250%7/25/2025 3,000,000.00 AA+1/6/2022 1/25/2022 3,000,000.00 1.25 2,758,620.00 3135G05X7 FANNIE MAE (FNMA)NO 8/27/2020 0.375%8/25/2025 4,000,000.00 AA+11/17/2021 11/18/2021 3,899,720.00 1.06 3,610,720.00 3130AP3F0 FED HOME LN BANK (FHLB)YES 9/29/2021 0.700%8/29/2025 4,000,000.00 AA+1/6/2022 1/7/2022 3,911,796.91 1.32 3,614,960.00 3130A8ZQ9 FED HOME LN BANK (FHLB)NO 8/9/2016 1.750%9/12/2025 4,000,000.00 AA+11/30/2021 12/1/2021 4,104,240.00 1.05 3,746,640.00 3134GWUG9 FREDDIE MAC (FHLMC)YES 9/24/2020 0.570%9/24/2025 4,000,000.00 Aaa 12/27/2021 12/28/2021 3,910,000.00 1.19 3,586,240.00 3130ARGJ4 FED HOME LN BANK (FHLB)YES 4/14/2022 2.500%10/14/2025 3,500,000.00 AA+3/22/2022 4/14/2022 3,500,000.00 2.50 3,313,590.00 3133ENUZ1 FED FARM CREDIT (FFCB)YES 4/20/2022 3.090%10/20/2025 3,200,000.00 AA+5/5/2022 5/6/2022 3,183,877.34 3.25 3,068,864.00 3130ARLT6 FED HOME LN BANK (FHLB)YES 4/29/2022 3.100%10/29/2025 3,500,000.00 AA+3/30/2022 4/29/2022 3,500,000.00 3.10 3,352,160.00 3135G06G3 FANNIE MAE (FNMA)NO 11/12/2020 0.500%11/7/2025 3,500,000.00 AA+12/8/2021 12/9/2021 3,408,615.00 1.19 3,150,385.00 3133ENEG1 FED FARM CREDIT (FFCB)NO 11/17/2021 1.050%11/17/2025 2,030,000.00 AA+11/17/2021 11/18/2021 2,028,802.30 1.07 1,855,744.80 3133ENMM9 FED FARM CREDIT (FFCB)NO 1/27/2022 1.440%1/27/2026 3,500,000.00 AA+2/1/2022 2/2/2022 3,485,300.00 1.55 3,223,815.00 3133ENRG7 FED FARM CREDIT (FFCB)YES 3/10/2022 2.220%3/10/2026 3,500,000.00 AA+3/8/2022 3/10/2022 3,498,250.00 2.23 3,265,780.00 3133ENV72 FED FARM CREDIT (FFCB)NO 10/27/2022 4.500%7/27/2026 3,000,000.00 AA+10/24/2022 10/27/2022 2,998,950.00 4.51 3,025,680.00 3133ENH45 FED FARM CREDIT (FFCB)NO 8/24/2022 3.125%8/24/2026 1,666,000.00 AA+9/9/2022 9/12/2022 1,637,861.26 3.59 1,606,956.96 3130ASUB3 FED HOME LN BANK (FHLB)YES 8/25/2022 4.000%8/25/2026 3,500,000.00 AA+7/29/2022 8/25/2022 3,500,000.00 4.00 3,392,270.00 Page 6 of 18 Page 235 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 3133EJD55 FED FARM CREDIT (FFCB)NO 9/28/2018 3.300%9/28/2026 1,000,000.00 AA+9/28/2022 9/29/2022 968,590.00 4.16 969,060.00 3130ARHY0 FED HOME LN BANK (FHLB)YES 4/21/2022 3.000%10/21/2026 3,750,000.00 AA+3/24/2022 4/21/2022 3,750,000.00 3.00 3,539,287.50 3130APRK3 FED HOME LN BANK (FHLB)YES 11/23/2021 1.430%11/23/2026 2,600,000.00 AA+2/28/2022 3/1/2022 2,541,500.00 1.93 2,323,906.00 3130ATVE4 FED HOME LN BANK (FHLB)NO 11/7/2022 4.500%12/11/2026 1,650,000.00 AA+11/29/2022 12/1/2022 1,675,007.40 4.09 1,672,803.00 3133ENL99 FED FARM CREDIT (FFCB)NO 9/15/2022 3.375%9/15/2027 3,500,000.00 AA+9/8/2022 9/15/2022 3,487,890.00 3.45 3,406,165.00 3133ENW63 FED FARM CREDIT (FFCB)NO 10/27/2022 4.375%10/27/2027 3,500,000.00 AA+10/24/2022 10/27/2022 3,498,460.00 4.38 3,554,495.00 FEDERAL AGENCY BOND/NOTE SUBTOTAL 207,695,000.00 207,127,987.92 196,849,681.52 9128284A5 U.S. TREASURY NOTE NO 2/28/2018 2.625%2/28/2023 2,500,000.00 Aaa 3/30/2022 3/31/2022 2,523,535.90 1.58 2,492,775.00 91282CDD0 U.S. TREASURY NOTE NO 11/1/2021 0.375%10/31/2023 3,500,000.00 Aaa 1/5/2022 1/6/2022 3,477,819.06 0.73 3,375,190.00 912828WE6 U.S. TREASURY NOTE NO 11/15/2013 2.750%11/15/2023 3,000,000.00 Aaa 1/21/2022 1/24/2022 3,097,970.79 0.92 2,948,910.00 91282CDM0 U.S. TREASURY NOTE NO 11/30/2021 0.500%11/30/2023 3,000,000.00 Aaa 1/21/2022 1/24/2022 2,975,386.56 0.95 2,886,330.00 91282CFX4 U.S. TREASURY NOTE NO 11/30/2022 4.500%11/30/2024 3,000,000.00 Aaa 11/23/2022 11/30/2022 3,001,406.25 4.48 3,001,650.00 912810EV6 U.S. TREASURY NOTE NO 8/15/1995 6.875%8/15/2025 3,000,000.00 Aaa 11/28/2022 11/30/2022 3,201,679.69 4.22 3,188,430.00 912810EX2 U.S. TREASURY NOTE NO 8/15/1996 6.750%8/15/2026 3,500,000.00 Aaa 11/22/2022 11/23/2022 3,821,152.34 4.07 3,804,885.00 U.S. TREASURY NOTE SUBTOTAL 21,500,000.00 22,098,950.59 21,698,170.00 072024WN8 BAY AREA CA TOLL AUTH MW 9/26/2019 2.184%4/1/2023 2,500,000.00 AA 9/23/2019 9/30/2019 2,509,850.00 2.07 2,487,500.00 735000TK7 PORT OF OAKLAND MW 12/3/2020 0.821%5/1/2023 1,050,000.00 A+3/29/2022 3/31/2022 1,035,678.00 2.10 1,036,171.50 91412G2U8 UNIV OF CALIFORNIA MW 9/28/2017 2.519%5/15/2023 2,000,000.00 AA-10/30/2019 11/1/2019 2,043,540.00 1.88 1,985,860.00 13032UVA3 CALIFORNIA HEALTH FACILITY FIN AUTH MW 11/25/2019 1.970%6/1/2023 1,000,000.00 AA-11/20/2019 11/25/2019 1,000,000.00 1.97 990,270.00 68304FAC0 CITY OF ONTARIO CA NO 5/21/2020 2.216%6/1/2023 200,000.00 AA 5/15/2020 5/21/2020 203,506.00 1.62 197,918.00 84247PHY0 SOUTHERN CA PUBLIC POWER AUTH MW 3/26/2014 3.458%7/1/2023 3,960,000.00 AA-12/12/2018 12/14/2018 4,028,389.20 3.05 3,940,635.60 365298Y44 GARDEN GROVE UNIFIED SD NO 10/16/2019 1.926%8/1/2023 245,000.00 AA-9/25/2019 10/16/2019 245,000.00 1.93 240,854.60 738850SW7 POWAY UNIFIED SCHOOL DIST NO 10/16/2019 1.992%8/1/2023 1,000,000.00 AA-9/27/2019 10/16/2019 1,000,000.00 1.99 985,600.00 189849MF6 COACHELLA VALLEY USD NO 10/17/2019 1.899%8/1/2023 555,000.00 AA 10/4/2019 10/17/2019 555,000.00 1.90 545,553.90 799306QJ7 SAN RAFAEL ELEM SCH DIST NO 11/13/2019 1.865%8/1/2023 980,000.00 AA 11/1/2019 11/13/2019 980,000.00 1.87 965,025.60 9523472D3 WEST CONTRA COSTA USD NO 5/12/2020 1.569%8/1/2023 500,000.00 AA-5/5/2020 5/12/2020 500,000.00 1.57 491,950.00 73208PBD2 POMONA PENSION OBLG NO 8/20/2020 4.000%8/1/2023 500,000.00 AA-10/15/2020 10/19/2020 541,065.00 1.00 497,225.00 13063DDG0 STATE OF CALIFORNIA NO 10/26/2017 2.250%10/1/2023 2,500,000.00 AA-11/30/2018 12/5/2018 2,401,525.00 3.14 2,463,200.00 13063DDG0 STATE OF CALIFORNIA NO 10/26/2017 2.250%10/1/2023 4,000,000.00 AA-10/29/2018 10/31/2018 3,848,480.00 3.09 3,941,120.00 13077DKB7 CALIFORNIA STATE UNIVERSITY MW 2/27/2020 1.557%11/1/2023 400,000.00 AA-2/6/2020 2/27/2020 400,000.00 1.56 389,932.00 057507KL8 BAKERSFIELD SCHOOL DISTRICT NO 3/29/2017 5.500%11/1/2023 335,000.00 A+5/4/2020 5/6/2020 385,524.70 1.08 342,373.35 13063DLZ9 STATE OF CALIFORNIA NO 4/4/2019 3.000%4/1/2024 3,000,000.00 AA-7/26/2019 7/30/2019 3,125,010.00 2.06 2,947,050.00 769036BL7 CITY OF RIVERSIDE PENSN OBLG MW 6/11/2020 2.107%6/1/2024 250,000.00 AA 6/5/2020 6/11/2020 250,000.00 2.11 240,845.00 15276PAV1 CENTRAL UNIFIED SCHOOL DISTRICT NO 6/18/2014 5.000%7/1/2024 795,000.00 AA 4/28/2020 4/30/2020 916,786.05 1.22 819,716.55 799306QK4 SAN RAFAEL ELEM SCH DIST NO 11/13/2019 1.965%8/1/2024 1,200,000.00 AA 11/1/2019 11/13/2019 1,200,000.00 1.97 1,151,700.00 802498UH6 SANTA MONICA-MALIBU USD NO 11/6/2019 1.719%8/1/2024 250,000.00 AA+10/8/2019 11/6/2019 250,000.00 1.72 239,000.00 376087FZ0 GILROY UNIFIED SD NO 10/30/2019 1.833%8/1/2024 500,000.00 AA-10/9/2019 10/31/2019 500,000.00 1.83 476,960.00 542411NJ8 LONG BEACH CCD NO 10/23/2019 1.803%8/1/2024 1,315,000.00 AA 10/9/2019 10/23/2019 1,315,000.00 1.80 1,259,756.85 189849MG4 COACHELLA VALLEY USD NO 10/17/2019 1.999%8/1/2024 365,000.00 AA 10/9/2019 10/17/2019 365,492.75 1.97 348,633.40 796720MY3 SAN BERNARDINO CCD NO 12/12/2019 2.044%8/1/2024 700,000.00 AA 11/21/2019 12/12/2019 700,000.00 2.04 671,489.00 796720MG2 SAN BERNARDINO CCD NO 12/12/2019 2.044%8/1/2024 1,000,000.00 AA 11/21/2019 12/12/2019 1,000,000.00 2.04 959,270.00 835569GR9 SONOMA CNTY JR COLLEGE DIST NO 11/12/2019 2.061%8/1/2024 1,000,000.00 AA 10/23/2019 11/12/2019 1,000,000.00 2.06 960,550.00 91882RFU1 VAL VERDE UNIFIED SCH DIST NO 6/19/2020 1.654%8/1/2024 215,000.00 AA 6/10/2020 6/19/2020 215,000.00 1.65 204,953.05 671205Y63 OAK GROVE SCHOOL DISTRICT NO 6/25/2020 1.276%8/1/2024 200,000.00 AA 6/12/2020 6/25/2020 200,000.00 1.28 190,014.00 14575TDY5 CARSON REDEV AGY TAB NO 9/3/2020 1.188%8/1/2024 600,000.00 AA 8/12/2020 9/3/2020 600,000.00 1.19 565,692.00 802309NW0 SANTA MARIA JT UHSD SINK 12/14/2021 1.095%8/1/2024 400,000.00 Aa2 12/9/2021 12/14/2021 400,000.00 1.10 378,824.00 801096AS7 SANTA ANA CMNTY REDEV AGY NO 11/8/2018 3.683%9/1/2024 2,000,000.00 AA 1/13/2020 1/17/2020 2,157,220.00 1.90 1,961,420.00 13077DQC9 CALIFORNIA STATE UNIVERSITY MW 7/29/2021 0.563%11/1/2024 450,000.00 AA-7/9/2021 7/29/2021 450,000.00 0.56 416,466.00 63540QAC1 NATIONAL CITY PENSN OBLIG NO 11/16/2021 1.019%11/1/2024 300,000.00 AA-12/3/2021 12/7/2021 299,646.00 1.06 279,564.00 Page 7 of 18 Page 236 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Market Values as of:12/31/2022 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 20772KAG4 STATE OF CONNECTICUT NO 12/21/2017 3.230%1/15/2025 1,700,000.00 AA-7/29/2022 8/2/2022 1,708,347.00 3.02 1,654,593.00 13063CQS2 STATE OF CALIFORNIA NO 3/18/2015 4.000%3/1/2025 750,000.00 AA-4/27/2020 4/29/2020 845,032.50 1.29 771,780.00 797679CC9 SAN FRANCISCO CITY/CNTY PORT COMM NO 2/27/2020 1.894%3/1/2025 255,000.00 A 2/13/2020 2/27/2020 255,000.00 1.89 239,424.60 365471AE1 GARDENA PENSN OBLIG MW 11/24/2020 1.702%4/1/2025 250,000.00 AA-11/20/2020 11/24/2020 257,455.00 1.00 232,605.00 735000TM3 PORT OF OAKLAND MW 12/3/2020 1.181%5/1/2025 1,030,000.00 A+11/30/2021 12/2/2021 1,033,471.10 1.08 945,179.50 13079XBT2 CA STWD CMNTY DEV TRANS NO 10/8/2020 1.061%6/1/2025 1,000,000.00 AA 9/23/2020 10/8/2020 1,000,000.00 1.06 915,630.00 68304FAE6 CITY OF ONTARIO CA POB NO 5/21/2020 2.537%6/1/2025 1,000,000.00 AA 5/20/2020 6/5/2020 1,027,770.00 1.95 945,840.00 91412GU94 UNIV OF CALIFORNIA MW 5/18/2017 3.063%7/1/2025 1,600,000.00 AA 12/16/2021 12/20/2021 1,702,096.00 1.21 1,538,672.00 798170AH9 SAN JOSE SUCCESSOR AGY NO 12/21/2017 3.076%8/1/2025 4,675,000.00 AA 11/18/2021 11/22/2021 5,007,345.75 1.11 4,461,165.50 796711G94 CITY OF SAN BERNARDINO USD NO 9/24/2020 1.114%8/1/2025 2,250,000.00 AA 9/11/2020 9/24/2020 2,250,000.00 1.11 2,052,855.00 197036PL4 COLTON UNIFIED SD NO 10/28/2020 1.052%8/1/2025 2,475,000.00 AA 10/15/2020 10/28/2020 2,475,000.00 1.05 2,258,586.00 144393NA9 CARPINTERIA UNIFIED SCH DIST NO 11/18/2020 1.100%8/1/2025 1,210,000.00 AA-10/28/2020 11/18/2020 1,212,758.80 1.05 1,102,842.40 73208PBF7 POMONA PENSION OBLG NO 8/20/2020 4.000%8/1/2025 1,675,000.00 AA-9/14/2020 9/16/2020 1,878,964.75 1.41 1,629,172.00 798135E88 SAN JOSE GEN OBLIG MW 7/25/2019 2.450%9/1/2025 2,275,000.00 AA+12/16/2021 12/20/2021 2,381,288.00 1.16 2,126,852.00 419792ZL3 STATE OF HAWAII MW 10/29/2020 0.852%10/1/2025 2,290,000.00 AA+3/25/2022 3/29/2022 2,146,417.00 2.74 2,072,930.90 13077DML3 CALIFORNIA STATE UNIVERSITY MW 9/17/2020 0.885%11/1/2025 775,000.00 AA-12/13/2021 12/15/2021 763,452.50 1.28 694,020.25 13077DQD7 CALIFORNIA STATE UNIVERSITY MW 7/29/2021 0.862%11/1/2025 2,500,000.00 AA-5/5/2022 5/9/2022 2,295,050.00 3.38 2,237,275.00 13063DMA3 STATE OF CALIFORNIA NO 4/4/2019 2.650%4/1/2026 3,200,000.00 AA-5/5/2022 5/9/2022 3,127,936.00 3.27 3,008,928.00 817409N43 SEQUOIA UHSD NO 2/27/2020 1.831%7/1/2026 2,050,000.00 Aa1 10/26/2022 10/28/2022 1,856,131.50 4.66 1,864,967.00 446222US8 HUNTINGTON BEACH UHSD NO 6/10/2021 1.208%8/1/2026 3,510,000.00 AA-8/1/2022 8/3/2022 3,241,765.80 3.26 3,087,676.80 544351MS5 CITY OF LOS ANGELES NO 7/12/2018 3.500%9/1/2026 1,085,000.00 AA 9/23/2022 9/27/2022 1,053,144.40 4.32 1,041,415.55 20772KEX3 STATE OF CONNECTICUT NO 9/13/2018 3.800%9/15/2026 3,000,000.00 AA-9/14/2022 9/16/2022 2,987,880.00 3.91 2,905,110.00 91412HGF4 UNIV OF CALIFORNIA MW 7/16/2020 1.316%5/15/2027 1,340,000.00 AA 8/30/2022 9/1/2022 1,194,878.00 3.85 1,155,683.00 769036BP8 CITY OF RIVERSIDE PENSN OBLG MW 6/11/2020 2.640%6/1/2027 1,500,000.00 AA 11/3/2022 11/7/2022 1,341,120.00 5.28 1,357,860.00 817409N50 SEQUOIA UHSD NO 2/27/2020 1.951%7/1/2027 2,150,000.00 Aa1 8/30/2022 9/1/2022 1,969,658.00 3.87 1,911,414.50 786318LF0 SADDLEBACK USD NO 12/5/2019 2.400%8/1/2027 1,805,000.00 Aa1 8/10/2022 8/12/2022 1,726,681.05 3.36 1,620,474.85 797272QS3 SAN DIEGO CCD NO 10/16/2019 2.407%8/1/2027 1,300,000.00 AAA 8/4/2022 8/8/2022 1,249,326.00 3.26 1,173,731.00 62451FKL3 MOUNTAIN VIEW-WHISMAN SD NO 5/19/2020 1.912%9/1/2027 970,000.00 AAA 10/13/2022 10/17/2022 844,928.20 4.92 861,709.20 MUNICIPAL BOND SUBTOTAL 85,885,000.00 85,454,610.05 81,441,486.45 45950VRF5 INTL FINANCE CORP (IFC)NO 6/24/2022 2.650%6/24/2024 1,900,000.00 AAA 7/25/2022 7/27/2022 1,883,406.28 3.12 1,839,637.00 4581X0DZ8 INTERAMER DEV (IADB)NO 9/23/2021 0.500%9/23/2024 3,000,000.00 AAA 12/16/2021 12/20/2021 2,969,402.21 0.88 2,796,030.00 459058DX8 INTL BK RECON & DEVELOP (IBRD)NO 11/25/2014 2.500%11/25/2024 3,000,000.00 AAA 3/24/2022 3/28/2022 3,013,112.61 2.33 2,887,950.00 459058EP4 INTL BK RECON & DEVELOP (IBRD)NO 7/29/2015 2.500%7/29/2025 3,500,000.00 AAA 12/13/2021 12/15/2021 3,675,035.00 1.09 3,343,445.00 4581X0CU0 INTERAMER DEV (IADB)NO 6/2/2016 2.000%6/2/2026 3,000,000.00 AAA 8/3/2022 8/5/2022 2,881,139.04 3.11 2,783,010.00 45950KCX6 INTL FINANCE CORP (IFC)NO 9/8/2021 0.750%10/8/2026 4,000,000.00 AAA 1/20/2022 1/24/2022 3,842,373.68 1.62 3,510,600.00 SUPRANATIONAL SUBTOTAL 18,400,000.00 18,264,468.82 17,160,672.00 NEIGHBORHOOD NATIONAL BANK NO 8/17/2023 4,267,121.43 8/18/2022 4,267,121.43 1.92 4,267,121.43 PLACEMENT SERVICE DEPOSITS 4,267,121.43 4,267,121.43 4,267,121.43 LOCAL AGENCY INVESTMENT FUND 11,862,486.31 11,862,486.31 11,641,716.64 SD COUNTY INVESTMENT POOL 23,365,745.81 23,365,745.81 22,580,656.75 POOLED INVESTMENTS SUBTOTAL 35,228,232.12 35,228,232.12 34,222,373.39 MONEY MARKET FUND (BNY MELLON)91,612.78 91,612.78 91,612.78 ALL INVESTMENTS GRAND TOTAL 553,487,966.33 554,080,795.03 528,461,138.64 1 The Market Value for LAIF and San Diego County Investment Pool are calculated using the Market Value/Fair Value Factor provided by those agencies. Page 8 of 18 Page 237 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Activity for the Quarter Ended December 31, 2022 MATURITY CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate Settlement Date Book Value YTM Oct-22 911312AQ9 CORPORATE NOTE UNITED PARCEL SERVICE INC 9/27/2012 2.450%10/1/2022 3,750,000.00 A-10/25/2018 10/29/2018 3,624,712.50 3.37 3135G0T78 FEDERAL AGENCY BOND FANNIE MAE (FNMA)10/6/2017 2.000%10/5/2022 3,000,000.00 AA+10/29/2018 10/30/2018 2,894,940.00 2.95 72663QD30 CERTIFICATE OF DEPOSIT PLAINSCAPITAL BANK 10/11/2019 1.800%10/11/2022 247,000.00 NA 10/1/2019 10/11/2019 247,000.00 1.80 91324PDD1 CORPORATE NOTE UNITED HEALTH 10/25/2017 2.375%10/15/2022 2,504,000.00 A+7/25/2019 7/29/2019 2,516,845.52 2.21 29278TDT4 CERTIFICATE OF DEPOSIT ENERBANK USA 10/31/2018 3.300%10/31/2022 249,000.00 NA 10/26/2018 10/31/2018 249,000.00 3.30 91282CAR2 U.S. TREASURY NOTE U.S. TREASURY NOTE 11/2/2020 0.125%10/31/2022 2,000,000.00 Aaa 3/30/2022 3/31/2022 1,988,236.26 1.14 Nov-22 254673WA0 CERTIFICATE OF DEPOSIT DISCOVER BANK 11/1/2018 3.300%11/1/2022 245,000.00 NA 10/26/2018 11/1/2018 245,000.00 3.30 00440EAU1 CORPORATE NOTE ACE INA HOLDINGS 11/3/2015 2.875%11/3/2022 2,500,000.00 A 1/23/2020 1/27/2020 2,569,175.00 1.78 31911QFP5 CERTIFICATE OF DEPOSIT FIRST BANK FINANCIAL CEN 2/6/2019 2.750%11/7/2022 249,000.00 NA 1/30/2019 2/6/2019 249,000.00 2.75 61760ARM3 CERTIFICATE OF DEPOSIT MORGAN STANLEY 11/8/2018 3.400%11/8/2022 245,000.00 NA 10/31/2018 11/8/2018 245,000.00 3.40 02665WCA7 CORPORATE NOTE AMERICAN HONDA FINANCE 11/16/2017 2.600%11/16/2022 474,000.00 A-7/25/2019 7/29/2019 479,232.96 2.25 336460CV0 CERTIFICATE OF DEPOSIT FSB OF DEQUEEN 7/30/2019 2.000%11/30/2022 249,000.00 NA 7/3/2019 7/30/2019 249,000.00 2.00 912828M80 U.S. TREASURY NOTE U.S. TREASURY NOTE 11/30/2015 2.000%11/30/2022 3,000,000.00 Aaa 3/30/2022 3/31/2022 3,014,192.97 1.28 Dec-22 25468PCW4 CORPORATE NOTE TWDC ENTERPRISES 11/30/2012 2.350%12/1/2022 1,500,000.00 BBB+9/10/2019 9/12/2019 1,519,558.43 1.93 17305EGR0 ASSET-BACKED SECURITY CITIBANK CREDIT CARD ISSUANCE 8/17/2018 3.210%12/7/2022 560,000.00 Aaa 1/2/2020 1/7/2020 581,862.37 1.83 3130AFE78 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)11/6/2018 3.000%12/9/2022 3,000,000.00 AA+3/30/2022 3/31/2022 3,034,101.70 1.34 98162WAE7 ASSET-BACKED SECURITY WORLD OMNI AUTO RECEIVABLES 10/17/2018 3.440%12/15/2022 477,132.54 AAA 12/19/2019 12/23/2019 496,217.84 2.13 549104GU5 CERTIFICATE OF DEPOSIT LUANA SAVINGS BANK 6/21/2019 2.250%12/21/2022 247,000.00 NA 6/13/2019 6/21/2019 247,000.00 2.25 92535LCH5 CERTIFICATE OF DEPOSIT VERUS BANK 6/28/2019 2.200%12/28/2022 249,000.00 NA 6/13/2019 6/28/2019 249,000.00 2.20 949495AF2 CERTIFICATE OF DEPOSIT WELLS FARGO NATL BANK 12/30/2019 1.850%12/30/2022 249,000.00 NA 12/16/2019 12/30/2019 249,000.00 1.85 Total 24,994,132.54 BUY CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate Settlement Date Book Value YTM Oct-22 713448DF2 CORPORATE NOTE PEPSICO INC 2/24/2016 2.850%2/24/2026 1,872,000.00 A+10/4/2022 10/6/2022 1,785,214.08 4.34 17275RBL5 CORPORATE NOTE CISCO SYSTEMS 9/20/2016 2.500%9/20/2026 1,150,000.00 AA-10/4/2022 10/6/2022 1,084,622.50 4.07 69371RR32 CORPORATE NOTE PACCAR FINANCIAL 5/10/2021 1.100%5/11/2026 3,000,000.00 A+10/3/2022 10/5/2022 2,673,850.54 4.40 87612EBE5 CORPORATE NOTE TARGET CORP 4/11/2016 2.500%4/15/2026 1,850,000.00 A 10/3/2022 10/5/2022 1,736,749.15 4.39 62451FKL3 MUNICIPAL BOND MOUNTAIN VIEW-WHISMAN SD 5/19/2020 1.912%9/1/2027 970,000.00 AAA 10/13/2022 10/17/2022 844,928.20 4.92 002824BF6 CORPORATE NOTE ABBOTT LABORATORIES 11/22/2016 3.750%11/30/2026 1,000,000.00 AA-10/17/2022 10/19/2022 964,363.96 4.71 452308AX7 CORPORATE NOTE ILLINOIS TOOL WORKS INC 11/7/2016 2.650%11/15/2026 1,421,000.00 A+10/14/2022 10/18/2022 1,305,557.96 4.87 3133ENV72 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)10/27/2022 4.500%7/27/2026 3,000,000.00 AA+10/24/2022 10/27/2022 2,998,950.00 4.51 817409N43 MUNICIPAL BOND SEQUOIA UHSD 2/27/2020 1.831%7/1/2026 2,050,000.00 Aa1 10/26/2022 10/28/2022 1,856,131.50 4.66 3133ENW63 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)10/27/2022 4.375%10/27/2027 3,500,000.00 AA+10/24/2022 10/27/2022 3,498,460.00 4.38 Nov-22 769036BP8 MUNICIPAL BOND CITY OF RIVERSIDE PENSN OBLG 6/11/2020 2.640%6/1/2027 1,500,000.00 AA 11/3/2022 11/7/2022 1,341,120.00 5.28 912810EX2 U.S. TREASURY NOTE U.S. TREASURY NOTE 8/15/1996 6.750%8/15/2026 3,500,000.00 Aaa 11/22/2022 11/23/2022 3,821,152.34 4.07 458140BP4 CORPORATE NOTE INTEL CORP 3/25/2020 3.400%3/25/2025 2,001,000.00 A+11/22/2022 11/25/2022 1,951,375.20 4.53 17275RBC5 CORPORATE NOTE CISCO SYSTEMS 2/29/2016 2.950%2/28/2026 3,500,000.00 AA-11/22/2022 11/25/2022 3,353,490.00 4.34 Page 9 of 18 Page 238 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 22160KAM7 CORPORATE NOTE COSTCO WHOLESALE CORP 5/18/2017 3.000%5/18/2027 3,200,000.00 A+11/21/2022 11/23/2022 3,030,376.96 4.31 3130ATVE4 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)11/7/2022 4.500%12/11/2026 1,650,000.00 AA+11/29/2022 12/1/2022 1,675,007.40 4.09 91282CFX4 U.S. TREASURY NOTE U.S. TREASURY NOTE 11/30/2022 4.500%11/30/2024 3,000,000.00 Aaa 11/23/2022 11/30/2022 3,001,406.25 4.48 912810EV6 U.S. TREASURY NOTE U.S. TREASURY NOTE 8/15/1995 6.875%8/15/2025 3,000,000.00 Aaa 11/28/2022 11/30/2022 3,201,679.69 4.22 Dec-22 3130ATVE4 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)11/7/2022 4.500%12/11/2026 1,650,000.00 AA+11/29/2022 12/1/2022 1,675,007.40 4.09 87612EBE5 CORPORATE NOTE TARGET CORP 4/11/2016 2.500%4/15/2026 1,901,000.00 A 12/13/2022 12/15/2022 1,802,920.14 4.17 69371RR99 CORPORATE NOTE PACCAR FINANCIAL 8/11/2022 3.550%8/11/2025 2,300,000.00 A+12/13/2022 12/15/2022 2,253,206.04 4.37 3133EN4N7 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)12/20/2022 4.250%12/20/2024 1,200,000.00 AA+12/28/2022 12/29/2022 1,194,984.00 4.47 01882MAC6 CERTIFICATE OF DEPOSIT ALLIANT CREDIT UNION 12/30/2022 5.000%12/30/2027 249,000.00 NA 12/21/2022 12/30/2022 249,000.00 5.00 Total 48,464,000.00 Page 10 of 18 Page 239 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Today's Date:12/31/2022 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years ASSET-BACKED SECURITY -$ -$ -$ -$ -$ -$ MARTHAS VINEYARD SB 249,000.00 1/23/2023 23 249,000.00$ -$ -$ -$ -$ -$ UNITY BANK NJ 249,000.00 1/23/2023 23 249,000.00$ -$ -$ -$ -$ -$ VIRGINIA PARTNERS BANK 249,000.00 1/27/2023 27 249,000.00$ -$ -$ -$ -$ -$ PROMISEONE BANK 249,000.00 2/14/2023 45 249,000.00$ -$ -$ -$ -$ -$ SERVISFIRST BANK 249,000.00 2/21/2023 52 249,000.00$ -$ -$ -$ -$ -$ BANK OF PERRY COUNTY 249,000.00 2/21/2023 52 249,000.00$ -$ -$ -$ -$ -$ PEOPLEFIRST BANK 249,000.00 3/6/2023 65 249,000.00$ -$ -$ -$ -$ -$ PADUCAH BANK AND TRUST 249,000.00 3/13/2023 72 249,000.00$ -$ -$ -$ -$ -$ FIRST CAROLINA BANK 249,000.00 3/24/2023 83 249,000.00$ -$ -$ -$ -$ -$ STATE BANK OF REESEVILLE 249,000.00 4/12/2023 102 249,000.00$ -$ -$ -$ -$ -$ MIDWEST COMMUNITY BANK 249,000.00 4/14/2023 104 249,000.00$ -$ -$ -$ -$ -$ CADENCE BANK 248,000.00 4/17/2023 107 248,000.00$ -$ -$ -$ -$ -$ EAGLEBANK 249,000.00 4/28/2023 118 249,000.00$ -$ -$ -$ -$ -$ STEARNS BANK 247,000.00 5/10/2023 130 247,000.00$ -$ -$ -$ -$ -$ FARMERS & MERCH SVGS BK 249,000.00 8/15/2023 227 -$ 249,000.00$ -$ -$ -$ -$ NEBRASKALAND NATIONAL BANK 248,000.00 8/22/2023 234 -$ 248,000.00$ -$ -$ -$ -$ FIRSTIER BANK 249,000.00 8/23/2023 235 -$ 249,000.00$ -$ -$ -$ -$ AMERICAN COMMERCE BANK 249,000.00 8/23/2023 235 -$ 249,000.00$ -$ -$ -$ -$ CELTIC BANK 249,000.00 8/30/2023 242 -$ 249,000.00$ -$ -$ -$ -$ FIRST ST BANK BUXTON 249,000.00 9/5/2023 248 -$ 249,000.00$ -$ -$ -$ -$ NATIONAL BANK OF NY CITY 249,000.00 9/8/2023 251 -$ 249,000.00$ -$ -$ -$ -$ ABACUS FEDERAL SVGS BANK 249,000.00 9/12/2023 255 -$ 249,000.00$ -$ -$ -$ -$ FIRST SERVICE BANK 249,000.00 9/29/2023 272 -$ 249,000.00$ -$ -$ -$ -$ COMENITY CAPITAL 249,000.00 10/30/2023 303 -$ 249,000.00$ -$ -$ -$ -$ GOLDMAN SACHS 245,000.00 10/31/2023 304 -$ 245,000.00$ -$ -$ -$ -$ UBS BANK USA 249,000.00 11/7/2023 311 -$ 249,000.00$ -$ -$ -$ -$ BARCLAYS BANK 245,000.00 11/7/2023 311 -$ 245,000.00$ -$ -$ -$ -$ MORGAN STANLEY 245,000.00 11/8/2023 312 -$ 245,000.00$ -$ -$ -$ -$ CITIBANK NA 245,000.00 11/9/2023 313 -$ 245,000.00$ -$ -$ -$ -$ WELLS FARGO BANK NA 249,000.00 11/9/2023 313 -$ 249,000.00$ -$ -$ -$ -$ COMMERCIAL BANK HARROGATE 249,000.00 11/15/2023 319 -$ 249,000.00$ -$ -$ -$ -$ BANK OF NEW ENGLAND 249,000.00 11/20/2023 324 -$ 249,000.00$ -$ -$ -$ -$ BANK OF BARODA 245,000.00 11/30/2023 334 -$ 245,000.00$ -$ -$ -$ -$ MARLIN BUSINESS BANK 249,000.00 12/4/2023 338 -$ 249,000.00$ -$ -$ -$ -$ BAR HARBOR BANK & TRUST 249,000.00 12/29/2023 363 -$ 249,000.00$ -$ -$ -$ -$ NAHEOLA CREDIT UNION 248,000.00 1/10/2024 375 -$ -$ 248,000.00$ -$ -$ -$ MEDALLION BANK UTAH 249,000.00 2/12/2024 408 -$ -$ 249,000.00$ -$ -$ -$ ROLLSTONE BANK & TRUST 247,000.00 2/12/2024 408 -$ -$ 247,000.00$ -$ -$ -$ PCSB BANK 249,000.00 2/21/2024 417 -$ -$ 249,000.00$ -$ -$ -$ BANK HAPOALIM BM NY 246,000.00 3/25/2024 450 -$ -$ 246,000.00$ -$ -$ -$ AXOS BANK 249,000.00 3/26/2024 451 -$ -$ 249,000.00$ -$ -$ -$ NICOLET NATIONAL BANK 249,000.00 3/28/2024 453 -$ -$ 249,000.00$ -$ -$ -$ LAKESIDE BANK 249,000.00 4/12/2024 468 -$ -$ 249,000.00$ -$ -$ -$ JEFFERSON BANK 249,000.00 4/15/2024 471 -$ -$ 249,000.00$ -$ -$ -$ PACIFIC WESTERN BANK 248,000.00 4/16/2024 472 -$ -$ 248,000.00$ -$ -$ -$ THOMASTON SAVINGS BANK 248,000.00 4/23/2024 479 -$ -$ 248,000.00$ -$ -$ -$ NORTHWEST BANK 249,000.00 4/30/2024 486 -$ -$ 249,000.00$ -$ -$ -$ FIRST FREEDOM BANK 249,000.00 4/30/2024 486 -$ -$ 249,000.00$ -$ -$ -$ UNITED REPUBLIC BANK 249,000.00 5/13/2024 499 -$ -$ 249,000.00$ -$ -$ -$ CAPITAL ONE NA 246,000.00 6/19/2024 536 -$ -$ 246,000.00$ -$ -$ -$ CAPITAL ONE BANK 246,000.00 6/19/2024 536 -$ -$ 246,000.00$ -$ -$ -$ LCA BANK CORPORATION 247,000.00 6/28/2024 545 -$ -$ 247,000.00$ -$ -$ -$ REVERE BANK 247,000.00 6/28/2024 545 -$ -$ 247,000.00$ -$ -$ -$ CENTURY NEXT BANK 249,000.00 7/17/2024 564 -$ -$ 249,000.00$ -$ -$ -$ CF BANK 247,000.00 8/19/2024 597 -$ -$ 247,000.00$ -$ -$ -$ FIRST RESOURCE BANK 249,000.00 8/21/2024 599 -$ -$ 249,000.00$ -$ -$ -$ Page 11 of 18 Page 240 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Today's Date:12/31/2022 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years CALDWELL BANK & TRUST 247,000.00 8/23/2024 601 -$ -$ 247,000.00$ -$ -$ -$ WASHINGTON FEDERAL 249,000.00 8/23/2024 601 -$ -$ 249,000.00$ -$ -$ -$ GENOA BANKING COMPANY 249,000.00 8/28/2024 606 -$ -$ 249,000.00$ -$ -$ -$ MERCHANTS STATE BANK 247,000.00 8/30/2024 608 -$ -$ 247,000.00$ -$ -$ -$ PREFERRED BANK 249,000.00 8/30/2024 608 -$ -$ 249,000.00$ -$ -$ -$ PEOPLES BANK ROCK VALLEY 249,000.00 9/10/2024 619 -$ -$ 249,000.00$ -$ -$ -$ ALMA BANK 249,000.00 9/11/2024 620 -$ -$ 249,000.00$ -$ -$ -$ BANK OF OLD MONROE 249,000.00 9/18/2024 627 -$ -$ 249,000.00$ -$ -$ -$ SPRING BANK 249,000.00 9/19/2024 628 -$ -$ 249,000.00$ -$ -$ -$ ENTERPRISE BANK 247,000.00 9/27/2024 636 -$ -$ 247,000.00$ -$ -$ -$ BANKWEST INC 249,000.00 9/27/2024 636 -$ -$ 249,000.00$ -$ -$ -$ UINTA BANK 247,000.00 10/16/2024 655 -$ -$ 247,000.00$ -$ -$ -$ MUTUALBANK 249,000.00 10/22/2024 661 -$ -$ 249,000.00$ -$ -$ -$ FIRST BANK OF NEBRASKA 249,000.00 10/30/2024 669 -$ -$ 249,000.00$ -$ -$ -$ ENTERPRISE BANK & TRUST 249,000.00 11/8/2024 678 -$ -$ 249,000.00$ -$ -$ -$ TRIAD BANK 249,000.00 11/8/2024 678 -$ -$ 249,000.00$ -$ -$ -$ MAINE SAVINGS FCU 245,000.00 11/8/2024 678 -$ -$ 245,000.00$ -$ -$ -$ COMMERCIAL BANK ALMA MI 249,000.00 11/13/2024 683 -$ -$ 249,000.00$ -$ -$ -$ COMMUNITY STATE BANK IL 249,000.00 12/2/2024 702 -$ -$ 249,000.00$ -$ -$ -$ COMMUNITY BANK TEXAS 249,000.00 12/4/2024 704 -$ -$ 249,000.00$ -$ -$ -$ BANK FORWARD 249,000.00 12/18/2024 718 -$ -$ 249,000.00$ -$ -$ -$ FREEDOM FINANCIAL BANK 249,000.00 2/14/2025 776 -$ -$ -$ 249,000.00$ -$ -$ FIRST NATL BANK MICHIGAN 249,000.00 2/14/2025 776 -$ -$ -$ 249,000.00$ -$ -$ AMERICAN STATE BANK IA 249,000.00 2/21/2025 783 -$ -$ -$ 249,000.00$ -$ -$ BELL BANK CORP 249,000.00 2/27/2025 789 -$ -$ -$ 249,000.00$ -$ -$ AMERICAN EAGLE BANK IL 249,000.00 2/28/2025 790 -$ -$ -$ 249,000.00$ -$ -$ HORIZON BANK WAVERLY NE 249,000.00 2/28/2025 790 -$ -$ -$ 249,000.00$ -$ -$ FNB OF ALBANY 249,000.00 2/28/2025 790 -$ -$ -$ 249,000.00$ -$ -$ IOWA STATE BANK 248,000.00 3/5/2025 795 -$ -$ -$ 248,000.00$ -$ -$ ACCESS BANK OMAHA NE 249,000.00 3/13/2025 803 -$ -$ -$ 249,000.00$ -$ -$ MCHENRY SAVINGS BANK 249,000.00 3/13/2025 803 -$ -$ -$ 249,000.00$ -$ -$ FNB BANK INC/ROMNEY 249,000.00 3/18/2025 808 -$ -$ -$ 249,000.00$ -$ -$ HARDIN COUNTY BANK 249,000.00 3/27/2025 817 -$ -$ -$ 249,000.00$ -$ -$ BANK OF ROMNEY 249,000.00 3/27/2025 817 -$ -$ -$ 249,000.00$ -$ -$ SAN FRANCISCO CREDIT 249,000.00 3/27/2025 817 -$ -$ -$ 249,000.00$ -$ -$ CENTRAL BANK 249,000.00 3/27/2025 817 -$ -$ -$ 249,000.00$ -$ -$ KNOXVILLE TVA EMPL CREDIT 249,000.00 3/31/2025 821 -$ -$ -$ 249,000.00$ -$ -$ CENTERSTATE BANK 248,000.00 3/31/2025 821 -$ -$ -$ 248,000.00$ -$ -$ GOLD COAST BANK 249,000.00 4/15/2025 836 -$ -$ -$ 249,000.00$ -$ -$ SYNCHRONY BANK 248,000.00 4/17/2025 838 -$ -$ -$ 248,000.00$ -$ -$ STATE BANK OF INDIA 248,000.00 4/29/2025 850 -$ -$ -$ 248,000.00$ -$ -$ BELMONT BANK & TRUST 249,000.00 4/30/2025 851 -$ -$ -$ 249,000.00$ -$ -$ M1 BANK 248,000.00 5/8/2025 859 -$ -$ -$ 248,000.00$ -$ -$ ALLIANT CREDIT UNION 249,000.00 12/30/2027 1825 -$ -$ -$ -$ -$ 249,000.00$ CERTIFICATE OF DEPOSIT 3,483,000.00$ 5,208,000.00$ 10,426,000.00$ 5,473,000.00$ -$ 249,000.00$ COMMERCIAL PAPER -$ -$ -$ -$ -$ -$ COOPERATIVE RABOBANK NY 2,500,000.00 1/10/2023 10 2,500,000.00$ -$ -$ -$ -$ -$ NIKE INC 1,200,000.00 5/1/2023 121 1,200,000.00$ -$ -$ -$ -$ -$ LOEWS CORP 1,500,000.00 5/15/2023 135 1,500,000.00$ -$ -$ -$ -$ -$ SIMON PROPERTY GROUP LP 2,000,000.00 6/1/2023 152 2,000,000.00$ -$ -$ -$ -$ -$ JOHN DEERE CAPITAL CORP 2,000,000.00 6/7/2023 158 2,000,000.00$ -$ -$ -$ -$ -$ CITIGROUP GLOBAL MARKETS 3,500,000.00 7/20/2023 201 -$ 3,500,000.00$ -$ -$ -$ -$ BANK OF AMERICA CORP 1,255,000.00 7/24/2023 205 -$ 1,255,000.00$ -$ -$ -$ -$ PNC BANK NA 2,525,000.00 7/25/2023 206 -$ 2,525,000.00$ -$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 3,000,000.00 8/16/2023 228 -$ 3,000,000.00$ -$ -$ -$ -$ TOYOTA MOTOR CORP 2,500,000.00 8/25/2023 237 -$ 2,500,000.00$ -$ -$ -$ -$ GILEAD SCIENCES 3,092,000.00 9/1/2023 244 -$ 3,092,000.00$ -$ -$ -$ -$ Page 12 of 18 Page 241 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Today's Date:12/31/2022 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years AMERICAN HONDA FINANCE 3,000,000.00 9/8/2023 251 -$ 3,000,000.00$ -$ -$ -$ -$ METLIFE INC 3,549,000.00 9/15/2023 258 -$ 3,549,000.00$ -$ -$ -$ -$ CUMMINS INC 3,500,000.00 10/1/2023 274 -$ 3,500,000.00$ -$ -$ -$ -$ CATERPILLAR FINL 3,700,000.00 12/7/2023 341 -$ 3,700,000.00$ -$ -$ -$ -$ GEORGIA-PACIFIC 320,000.00 1/15/2024 380 -$ -$ 320,000.00$ -$ -$ -$ JOHN DEERE CAPITAL CORP 3,000,000.00 3/7/2024 432 -$ -$ 3,000,000.00$ -$ -$ -$ UNILEVER CAPITAL 1,500,000.00 5/5/2024 491 -$ -$ 1,500,000.00$ -$ -$ -$ UNILEVER CAPITAL 2,000,000.00 5/5/2024 491 -$ -$ 2,000,000.00$ -$ -$ -$ APPLE INC 250,000.00 5/6/2024 492 -$ -$ 250,000.00$ -$ -$ -$ APPLE INC 650,000.00 5/11/2024 497 -$ -$ 650,000.00$ -$ -$ -$ TEXAS INSTRUMENTS 1,000,000.00 5/15/2024 501 -$ -$ 1,000,000.00$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 600,000.00 5/15/2024 501 -$ -$ 600,000.00$ -$ -$ -$ IBM CORP 3,000,000.00 5/15/2024 501 -$ -$ 3,000,000.00$ -$ -$ -$ ASTRAZENECA FINANCE LLC 2,500,000.00 5/28/2024 514 -$ -$ 2,500,000.00$ -$ -$ -$ ONCOR ELECTRIC DELIVERY 475,000.00 6/1/2024 518 -$ -$ 475,000.00$ -$ -$ -$ HORMEL FOODS CORP 3,000,000.00 6/3/2024 520 -$ -$ 3,000,000.00$ -$ -$ -$ WALMART INC 3,900,000.00 7/8/2024 555 -$ -$ 3,900,000.00$ -$ -$ -$ SALESFORCE.COM INC 450,000.00 7/15/2024 562 -$ -$ 450,000.00$ -$ -$ -$ UNITED HEALTH 3,000,000.00 8/15/2024 593 -$ -$ 3,000,000.00$ -$ -$ -$ EXXON MOBIL CO 1,000,000.00 8/16/2024 594 -$ -$ 1,000,000.00$ -$ -$ -$ AMAZON.COM INC 226,000.00 8/22/2024 600 -$ -$ 226,000.00$ -$ -$ -$ BURLINGTON NORTH SANTA FE 1,000,000.00 9/1/2024 610 -$ -$ 1,000,000.00$ -$ -$ -$ BURLINGTON NORTH SANTA FE 3,000,000.00 9/1/2024 610 -$ -$ 3,000,000.00$ -$ -$ -$ COCA-COLA CO 3,200,000.00 9/6/2024 615 -$ -$ 3,200,000.00$ -$ -$ -$ PAYPAL HOLDING 950,000.00 10/1/2024 640 -$ -$ 950,000.00$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 1,000,000.00 10/24/2024 663 -$ -$ 1,000,000.00$ -$ -$ -$ CATERPILLAR FINL 3,000,000.00 11/8/2024 678 -$ -$ 3,000,000.00$ -$ -$ -$ HERSHEY COMPANY 677,000.00 11/15/2024 685 -$ -$ 677,000.00$ -$ -$ -$ ADOBE SYSTEMS INC 2,595,000.00 2/1/2025 763 -$ -$ -$ 2,595,000.00$ -$ -$ PACCAR FINANCIAL 1,000,000.00 2/6/2025 768 -$ -$ -$ 1,000,000.00$ -$ -$ TOYOTA MOTOR CORP 1,000,000.00 2/13/2025 775 -$ -$ -$ 1,000,000.00$ -$ -$ 3M COMPANY 2,500,000.00 2/14/2025 776 -$ -$ -$ 2,500,000.00$ -$ -$ WW GRAINGER INC 580,000.00 2/15/2025 777 -$ -$ -$ 580,000.00$ -$ -$ JOHN DEERE CAPITAL CORP 1,250,000.00 3/13/2025 803 -$ -$ -$ 1,250,000.00$ -$ -$ INTEL CORP 2,001,000.00 3/25/2025 815 -$ -$ -$ 2,001,000.00$ -$ -$ AMAZON.COM INC 3,000,000.00 4/13/2025 834 -$ -$ -$ 3,000,000.00$ -$ -$ TARGET CORP 3,000,000.00 4/15/2025 836 -$ -$ -$ 3,000,000.00$ -$ -$ APPLE INC 1,131,000.00 5/11/2025 862 -$ -$ -$ 1,131,000.00$ -$ -$ HONEYWELL INTERNATIONAL 3,000,000.00 6/1/2025 883 -$ -$ -$ 3,000,000.00$ -$ -$ AMAZON.COM INC 1,678,000.00 6/3/2025 885 -$ -$ -$ 1,678,000.00$ -$ -$ JP MORGAN CHASE 2,000,000.00 7/15/2025 927 -$ -$ -$ 2,000,000.00$ -$ -$ PACCAR FINANCIAL 2,300,000.00 8/11/2025 954 -$ -$ -$ 2,300,000.00$ -$ -$ STATE STREET CORP 1,600,000.00 8/18/2025 961 -$ -$ -$ 1,600,000.00$ -$ -$ CUMMINS INC 743,000.00 9/1/2025 975 -$ -$ -$ 743,000.00$ -$ -$ CUMMINS INC 2,257,000.00 9/1/2025 975 -$ -$ -$ 2,257,000.00$ -$ -$ HOME DEPOT INC 3,200,000.00 9/15/2025 989 -$ -$ -$ 3,200,000.00$ -$ -$ TOYOTA MOTOR CORP 3,000,000.00 10/16/2025 1020 -$ -$ -$ 3,000,000.00$ -$ -$ VISA INC 2,500,000.00 12/14/2025 1079 -$ -$ -$ 2,500,000.00$ -$ -$ PEPSICO INC 1,872,000.00 2/24/2026 1151 -$ -$ -$ -$ 1,872,000.00$ -$ CISCO SYSTEMS 3,500,000.00 2/28/2026 1155 -$ -$ -$ -$ 3,500,000.00$ -$ TARGET CORP 1,850,000.00 4/15/2026 1201 -$ -$ -$ -$ 1,850,000.00$ -$ TARGET CORP 1,901,000.00 4/15/2026 1201 -$ -$ -$ -$ 1,901,000.00$ -$ PACCAR FINANCIAL 3,000,000.00 5/11/2026 1227 -$ -$ -$ -$ 3,000,000.00$ -$ INTEL CORP 2,374,000.00 5/19/2026 1235 -$ -$ -$ -$ 2,374,000.00$ -$ WALMART INC 1,900,000.00 7/8/2026 1285 -$ -$ -$ -$ 1,900,000.00$ -$ CISCO SYSTEMS 1,150,000.00 9/20/2026 1359 -$ -$ -$ -$ 1,150,000.00$ -$ HONEYWELL INTERNATIONAL 1,185,000.00 11/1/2026 1401 -$ -$ -$ -$ 1,185,000.00$ -$ Page 13 of 18 Page 242 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Today's Date:12/31/2022 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years NIKE INC 1,035,000.00 11/1/2026 1401 -$ -$ -$ -$ 1,035,000.00$ -$ ILLINOIS TOOL WORKS INC 1,421,000.00 11/15/2026 1415 -$ -$ -$ -$ 1,421,000.00$ -$ ABBOTT LABORATORIES 1,000,000.00 11/30/2026 1430 -$ -$ -$ -$ 1,000,000.00$ -$ BANK OF AMERICA CORP 4,000,000.00 3/2/2027 1522 -$ -$ -$ -$ -$ 4,000,000.00$ CHARLES SCHWAB CORP 2,205,000.00 3/3/2027 1523 -$ -$ -$ -$ -$ 2,205,000.00$ PEPSICO INC 1,935,000.00 3/19/2027 1539 -$ -$ -$ -$ -$ 1,935,000.00$ COSTCO WHOLESALE CORP 3,200,000.00 5/18/2027 1599 -$ -$ -$ -$ -$ 3,200,000.00$ MERCK & CO INC 3,200,000.00 6/10/2027 1622 -$ -$ -$ -$ -$ 3,200,000.00$ CORPORATE NOTE 9,200,000.00$ 29,621,000.00$ 39,698,000.00$ 40,335,000.00$ 22,188,000.00$ 14,540,000.00$ FED HOME LN BANK (FHLB)3,000,000.00 2/17/2023 48 3,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)2,400,000.00 3/9/2023 68 2,400,000.00$ -$ -$ -$ -$ -$ FREDDIE MAC (FHLMC)2,000,000.00 6/19/2023 170 2,000,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 7/24/2023 205 -$ 3,000,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)2,719,000.00 8/14/2023 226 -$ 2,719,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,500,000.00 10/12/2023 285 -$ 3,500,000.00$ -$ -$ -$ -$ FREDDIE MAC (FHLMC)3,000,000.00 10/16/2023 289 -$ 3,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,750,000.00 10/27/2023 300 -$ 3,750,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 11/9/2023 313 -$ 3,500,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 11/22/2023 326 -$ 3,500,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 11/24/2023 328 -$ 3,000,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 12/20/2023 354 -$ 3,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 1/26/2024 391 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 2/7/2024 403 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 2/23/2024 419 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)1,600,000.00 2/26/2024 422 -$ -$ 1,600,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)2,500,000.00 3/8/2024 433 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 3/28/2024 453 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,720,000.00 4/25/2024 481 -$ -$ 2,720,000.00$ -$ -$ -$ FREDDIE MAC (FHLMC)1,950,000.00 6/10/2024 527 -$ -$ 1,950,000.00$ -$ -$ -$ FANNIE MAE (FNMA)2,140,000.00 6/14/2024 531 -$ -$ 2,140,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 6/28/2024 545 -$ -$ 4,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 7/2/2024 549 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,090,000.00 7/19/2024 566 -$ -$ 2,090,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,200,000.00 7/26/2024 573 -$ -$ 3,200,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,300,000.00 8/23/2024 601 -$ -$ 2,300,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 8/26/2024 604 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 9/16/2024 625 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 9/23/2024 632 -$ -$ 3,000,000.00$ -$ -$ -$ FARMER MAC (FAMCA)4,000,000.00 9/26/2024 635 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,200,000.00 9/30/2024 639 -$ -$ 3,200,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)1,000,000.00 10/17/2024 656 -$ -$ 1,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 10/25/2024 664 -$ -$ 3,500,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 11/1/2024 671 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,300,000.00 11/18/2024 688 -$ -$ 2,300,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)1,000,000.00 11/25/2024 695 -$ -$ 1,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)1,200,000.00 12/20/2024 720 -$ -$ 1,200,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)1,500,000.00 1/6/2025 737 -$ -$ -$ 1,500,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 3/14/2025 804 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 3/24/2025 814 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 3/28/2025 818 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 4/21/2025 842 -$ -$ -$ 2,500,000.00$ -$ -$ FED HOME LN BANK (FHLB)1,730,000.00 4/28/2025 849 -$ -$ -$ 1,730,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 5/23/2025 874 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 6/13/2025 895 -$ -$ -$ 2,500,000.00$ -$ -$ FANNIE MAE (FNMA)4,000,000.00 6/17/2025 899 -$ -$ -$ 4,000,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 6/23/2025 905 -$ -$ -$ 3,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 6/27/2025 909 -$ -$ -$ 3,500,000.00$ -$ -$ Page 14 of 18 Page 243 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Today's Date:12/31/2022 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years FED HOME LN BANK (FHLB)3,500,000.00 6/30/2025 912 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 7/18/2025 930 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 7/25/2025 937 -$ -$ -$ 3,000,000.00$ -$ -$ FANNIE MAE (FNMA)4,000,000.00 8/25/2025 968 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 8/29/2025 972 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 9/12/2025 986 -$ -$ -$ 4,000,000.00$ -$ -$ FREDDIE MAC (FHLMC)4,000,000.00 9/24/2025 998 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 10/14/2025 1018 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,200,000.00 10/20/2025 1024 -$ -$ -$ 3,200,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 10/29/2025 1033 -$ -$ -$ 3,500,000.00$ -$ -$ FANNIE MAE (FNMA)3,500,000.00 11/7/2025 1042 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB)2,030,000.00 11/17/2025 1052 -$ -$ -$ 2,030,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,500,000.00 1/27/2026 1123 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB)3,500,000.00 3/10/2026 1165 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB)3,000,000.00 7/27/2026 1304 -$ -$ -$ -$ 3,000,000.00$ -$ FED FARM CREDIT (FFCB)1,666,000.00 8/24/2026 1332 -$ -$ -$ -$ 1,666,000.00$ -$ FED HOME LN BANK (FHLB)3,500,000.00 8/25/2026 1333 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB)1,000,000.00 9/28/2026 1367 -$ -$ -$ -$ 1,000,000.00$ -$ FED HOME LN BANK (FHLB)3,750,000.00 10/21/2026 1390 -$ -$ -$ -$ 3,750,000.00$ -$ FED HOME LN BANK (FHLB)2,600,000.00 11/23/2026 1423 -$ -$ -$ -$ 2,600,000.00$ -$ FED HOME LN BANK (FHLB)1,650,000.00 12/11/2026 1441 -$ -$ -$ -$ 1,650,000.00$ -$ FED FARM CREDIT (FFCB)3,500,000.00 9/15/2027 1719 -$ -$ -$ -$ -$ 3,500,000.00$ FED FARM CREDIT (FFCB)3,500,000.00 10/27/2027 1761 -$ -$ -$ -$ -$ 3,500,000.00$ FEDERAL AGENCY BOND/NOTE 7,400,000.00$ 28,969,000.00$ 67,200,000.00$ 72,960,000.00$ 24,166,000.00$ 7,000,000.00$ U.S. TREASURY NOTE 2,500,000.00 2/28/2023 59 2,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 10/31/2023 304 -$ 3,500,000.00$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/15/2023 319 -$ 3,000,000.00$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2023 334 -$ 3,000,000.00$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2024 700 -$ -$ 3,000,000.00$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 8/15/2025 958 -$ -$ -$ 3,000,000.00$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 8/15/2026 1323 -$ -$ -$ -$ 3,500,000.00$ -$ U.S. TREASURY NOTE 2,500,000.00$ 9,500,000.00$ 3,000,000.00$ 3,000,000.00$ 3,500,000.00$ -$ BAY AREA CA TOLL AUTH 2,500,000.00 4/1/2023 91 2,500,000.00$ -$ -$ -$ -$ -$ PORT OF OAKLAND 1,050,000.00 5/1/2023 121 1,050,000.00$ -$ -$ -$ -$ -$ UNIV OF CALIFORNIA 2,000,000.00 5/15/2023 135 2,000,000.00$ -$ -$ -$ -$ -$ CALIFORNIA HEALTH FACILITY FIN AUTH 1,000,000.00 6/1/2023 152 1,000,000.00$ -$ -$ -$ -$ -$ CITY OF ONTARIO CA 200,000.00 6/1/2023 152 200,000.00$ -$ -$ -$ -$ -$ SOUTHERN CA PUBLIC POWER AUTH 3,960,000.00 7/1/2023 182 3,960,000.00$ -$ -$ -$ -$ -$ GARDEN GROVE UNIFIED SD 245,000.00 8/1/2023 213 -$ 245,000.00$ -$ -$ -$ -$ POWAY UNIFIED SCHOOL DIST 1,000,000.00 8/1/2023 213 -$ 1,000,000.00$ -$ -$ -$ -$ COACHELLA VALLEY USD 555,000.00 8/1/2023 213 -$ 555,000.00$ -$ -$ -$ -$ SAN RAFAEL ELEM SCH DIST 980,000.00 8/1/2023 213 -$ 980,000.00$ -$ -$ -$ -$ WEST CONTRA COSTA USD 500,000.00 8/1/2023 213 -$ 500,000.00$ -$ -$ -$ -$ POMONA PENSION OBLG 500,000.00 8/1/2023 213 -$ 500,000.00$ -$ -$ -$ -$ STATE OF CALIFORNIA 2,500,000.00 10/1/2023 274 -$ 2,500,000.00$ -$ -$ -$ -$ STATE OF CALIFORNIA 4,000,000.00 10/1/2023 274 -$ 4,000,000.00$ -$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 400,000.00 11/1/2023 305 -$ 400,000.00$ -$ -$ -$ -$ BAKERSFIELD SCHOOL DISTRICT 335,000.00 11/1/2023 305 -$ 335,000.00$ -$ -$ -$ -$ STATE OF CALIFORNIA 3,000,000.00 4/1/2024 457 -$ -$ 3,000,000.00$ -$ -$ -$ CITY OF RIVERSIDE PENSN OBLG 250,000.00 6/1/2024 518 -$ -$ 250,000.00$ -$ -$ -$ CENTRAL UNIFIED SCHOOL DISTRICT 795,000.00 7/1/2024 548 -$ -$ 795,000.00$ -$ -$ -$ SAN RAFAEL ELEM SCH DIST 1,200,000.00 8/1/2024 579 -$ -$ 1,200,000.00$ -$ -$ -$ SANTA MONICA-MALIBU USD 250,000.00 8/1/2024 579 -$ -$ 250,000.00$ -$ -$ -$ GILROY UNIFIED SD 500,000.00 8/1/2024 579 -$ -$ 500,000.00$ -$ -$ -$ LONG BEACH CCD 1,315,000.00 8/1/2024 579 -$ -$ 1,315,000.00$ -$ -$ -$ COACHELLA VALLEY USD 365,000.00 8/1/2024 579 -$ -$ 365,000.00$ -$ -$ -$ SAN BERNARDINO CCD 700,000.00 8/1/2024 579 -$ -$ 700,000.00$ -$ -$ -$ Page 15 of 18 Page 244 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Today's Date:12/31/2022 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years SAN BERNARDINO CCD 1,000,000.00 8/1/2024 579 -$ -$ 1,000,000.00$ -$ -$ -$ SONOMA CNTY JR COLLEGE DIST 1,000,000.00 8/1/2024 579 -$ -$ 1,000,000.00$ -$ -$ -$ VAL VERDE UNIFIED SCH DIST 215,000.00 8/1/2024 579 -$ -$ 215,000.00$ -$ -$ -$ OAK GROVE SCHOOL DISTRICT 200,000.00 8/1/2024 579 -$ -$ 200,000.00$ -$ -$ -$ CARSON REDEV AGY TAB 600,000.00 8/1/2024 579 -$ -$ 600,000.00$ -$ -$ -$ SANTA MARIA JT UHSD 400,000.00 8/1/2024 579 -$ -$ 400,000.00$ -$ -$ -$ SANTA ANA CMNTY REDEV AGY 2,000,000.00 9/1/2024 610 -$ -$ 2,000,000.00$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 450,000.00 11/1/2024 671 -$ -$ 450,000.00$ -$ -$ -$ NATIONAL CITY PENSN OBLIG 300,000.00 11/1/2024 671 -$ -$ 300,000.00$ -$ -$ -$ STATE OF CONNECTICUT 1,700,000.00 1/15/2025 746 -$ -$ -$ 1,700,000.00$ -$ -$ STATE OF CALIFORNIA 750,000.00 3/1/2025 791 -$ -$ -$ 750,000.00$ -$ -$ SAN FRANCISCO CITY/CNTY PORT COMM 255,000.00 3/1/2025 791 -$ -$ -$ 255,000.00$ -$ -$ GARDENA PENSN OBLIG 250,000.00 4/1/2025 822 -$ -$ -$ 250,000.00$ -$ -$ PORT OF OAKLAND 1,030,000.00 5/1/2025 852 -$ -$ -$ 1,030,000.00$ -$ -$ CA STWD CMNTY DEV TRANS 1,000,000.00 6/1/2025 883 -$ -$ -$ 1,000,000.00$ -$ -$ CITY OF ONTARIO CA POB 1,000,000.00 6/1/2025 883 -$ -$ -$ 1,000,000.00$ -$ -$ UNIV OF CALIFORNIA 1,600,000.00 7/1/2025 913 -$ -$ -$ 1,600,000.00$ -$ -$ SAN JOSE SUCCESSOR AGY 4,675,000.00 8/1/2025 944 -$ -$ -$ 4,675,000.00$ -$ -$ CITY OF SAN BERNARDINO USD 2,250,000.00 8/1/2025 944 -$ -$ -$ 2,250,000.00$ -$ -$ COLTON UNIFIED SD 2,475,000.00 8/1/2025 944 -$ -$ -$ 2,475,000.00$ -$ -$ CARPINTERIA UNIFIED SCH DIST 1,210,000.00 8/1/2025 944 -$ -$ -$ 1,210,000.00$ -$ -$ POMONA PENSION OBLG 1,675,000.00 8/1/2025 944 -$ -$ -$ 1,675,000.00$ -$ -$ SAN JOSE GEN OBLIG 2,275,000.00 9/1/2025 975 -$ -$ -$ 2,275,000.00$ -$ -$ STATE OF HAWAII 2,290,000.00 10/1/2025 1005 -$ -$ -$ 2,290,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 775,000.00 11/1/2025 1036 -$ -$ -$ 775,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 2,500,000.00 11/1/2025 1036 -$ -$ -$ 2,500,000.00$ -$ -$ STATE OF CALIFORNIA 3,200,000.00 4/1/2026 1187 -$ -$ -$ -$ 3,200,000.00$ -$ SEQUOIA UHSD 2,050,000.00 7/1/2026 1278 -$ -$ -$ -$ 2,050,000.00$ -$ HUNTINGTON BEACH UHSD 3,510,000.00 8/1/2026 1309 -$ -$ -$ -$ 3,510,000.00$ -$ CITY OF LOS ANGELES 1,085,000.00 9/1/2026 1340 -$ -$ -$ -$ 1,085,000.00$ -$ STATE OF CONNECTICUT 3,000,000.00 9/15/2026 1354 -$ -$ -$ -$ 3,000,000.00$ -$ UNIV OF CALIFORNIA 1,340,000.00 5/15/2027 1596 -$ -$ -$ -$ -$ 1,340,000.00$ CITY OF RIVERSIDE PENSN OBLG 1,500,000.00 6/1/2027 1613 -$ -$ -$ -$ -$ 1,500,000.00$ SEQUOIA UHSD 2,150,000.00 7/1/2027 1643 -$ -$ -$ -$ -$ 2,150,000.00$ SADDLEBACK USD 1,805,000.00 8/1/2027 1674 -$ -$ -$ -$ -$ 1,805,000.00$ SAN DIEGO CCD 1,300,000.00 8/1/2027 1674 -$ -$ -$ -$ -$ 1,300,000.00$ MOUNTAIN VIEW-WHISMAN SD 970,000.00 9/1/2027 1705 -$ -$ -$ -$ -$ 970,000.00$ MUNICIPAL BOND 10,710,000.00$ 11,015,000.00$ 14,540,000.00$ 27,710,000.00$ 12,845,000.00$ 9,065,000.00$ INTL FINANCE CORP (IFC)1,900,000.00 6/24/2024 541 -$ -$ 1,900,000.00$ -$ -$ -$ INTERAMER DEV (IADB)3,000,000.00 9/23/2024 632 -$ -$ 3,000,000.00$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD)3,000,000.00 11/25/2024 695 -$ -$ 3,000,000.00$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD)3,500,000.00 7/29/2025 941 -$ -$ -$ 3,500,000.00$ -$ -$ INTERAMER DEV (IADB)3,000,000.00 6/2/2026 1249 -$ -$ -$ -$ 3,000,000.00$ -$ INTL FINANCE CORP (IFC)4,000,000.00 10/8/2026 1377 -$ -$ -$ -$ 4,000,000.00$ -$ SUPRANATIONAL -$ -$ 7,900,000.00$ 3,500,000.00$ 7,000,000.00$ -$ NEIGHBORHOOD NATIONAL BANK 4,267,121.43 8/17/2023 229 -$ 4,267,121.43$ -$ -$ -$ -$ PLACEMENT SERVICE DEPOSITS -$ 4,267,121.43$ -$ -$ -$ -$ Total 33,293,000.00$ 88,580,121.43$ 142,764,000.00$ 152,978,000.00$ 69,699,000.00$ 30,854,000.00$ Note: Excludes Pooled Investments and Bank of New York Mellon Money Market Fund Grand Total 518,168,121.43$ Page 16 of 18 Page 245 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market Value GICS Sector COOPERATIVE RABOBANK NY 1/10/2023 21688AAL6 2.91 2,499,050.00 Financials NIKE INC 5/1/2023 654106AC7 2.09 1,190,604.00 Consumer Discretionary LOEWS CORP 5/15/2023 540424AQ1 1.74 1,486,755.00 Financials SIMON PROPERTY GROUP LP 6/1/2023 828807DD6 1.92 1,980,080.00 Real Estate JOHN DEERE CAPITAL CORP 6/7/2023 24422EUH0 1.72 1,988,520.00 Industrials CITIGROUP GLOBAL MARKETS 7/20/2023 17330PSX8 3.75 3,457,965.00 Financials BANK OF AMERICA CORP 7/24/2023 06053FAA7 0.74 1,249,503.10 Financials PNC BANK NA 7/25/2023 69349LAM0 0.89 2,507,628.00 Financials BANK OF NEW YORK MELLON CORP 8/16/2023 06406FAD5 0.84 2,953,500.00 Financials TOYOTA MOTOR CORP 8/25/2023 89236THA6 0.79 2,444,050.00 Consumer Discretionary GILEAD SCIENCES 9/1/2023 375558BL6 2.54 3,040,703.72 Health Care AMERICAN HONDA FINANCE 9/8/2023 02665WDM0 0.83 2,913,990.00 Consumer Discretionary METLIFE INC 9/15/2023 59156RBB3 0.86 3,537,501.24 Financials CUMMINS INC 10/1/2023 231021AR7 2.22 3,465,840.00 Industrials CATERPILLAR FINL 12/7/2023 14913Q2S7 2.56 3,659,004.00 Industrials GEORGIA-PACIFIC 1/15/2024 373298CF3 2.42 329,670.40 Materials JOHN DEERE CAPITAL CORP 3/7/2024 24422EUX5 1.22 2,923,260.00 Industrials UNILEVER CAPITAL 5/5/2024 904764AX5 1.75 1,454,580.00 Consumer Staples UNILEVER CAPITAL 5/5/2024 904764AX5 1.79 1,939,440.00 Consumer Staples APPLE INC 5/6/2024 037833AS9 1.63 245,535.00 Information Technology APPLE INC 5/11/2024 037833CU2 1.69 633,061.00 Information Technology TEXAS INSTRUMENTS 5/15/2024 882508BB9 2.28 972,860.00 Information Technology BANK OF NEW YORK MELLON CORP 5/15/2024 06406HCV9 1.36 587,856.00 Financials IBM CORP 5/15/2024 459200JY8 0.60 2,918,670.00 Information Technology ASTRAZENECA FINANCE LLC 5/28/2024 04636NAC7 1.10 2,357,150.00 Health Care ONCOR ELECTRIC DELIVERY 6/1/2024 68233JBM5 1.08 459,728.75 Utilities HORMEL FOODS CORP 6/3/2024 440452AG5 1.19 2,826,150.00 Consumer Staples WALMART INC 7/8/2024 931142EL3 2.71 3,792,243.00 Consumer Discretionary SALESFORCE.COM INC 7/15/2024 79466LAG9 0.96 422,284.50 Information Technology UNITED HEALTH 8/15/2024 91324PDR0 0.58 2,886,060.00 Health Care EXXON MOBIL CO 8/16/2024 30231GBC5 0.65 956,920.00 Energy AMAZON.COM INC 8/22/2024 023135AZ9 1.88 219,086.66 Consumer Discretionary BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 1.87 975,990.00 Industrials BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 0.97 2,927,970.00 Industrials COCA-COLA CO 9/6/2024 191216CL2 0.95 3,050,976.00 Consumer Staples PAYPAL HOLDING 10/1/2024 70450YAC7 0.67 910,879.00 Information Technology BANK OF NEW YORK MELLON CORP 10/24/2024 06406RAL1 1.15 953,690.00 Financials CATERPILLAR FINL 11/8/2024 14913Q3B3 1.06 2,863,590.00 Industrials HERSHEY COMPANY 11/15/2024 427866BC1 1.87 643,962.40 Consumer Staples ADOBE SYSTEMS INC 2/1/2025 00724FAC5 3.11 2,523,481.80 Information Technology PACCAR FINANCIAL 2/6/2025 69371RQ66 0.66 941,600.00 Financials TOYOTA MOTOR CORP 2/13/2025 89236TGT6 1.03 940,330.00 Consumer Discretionary 3M COMPANY 2/14/2025 88579YBH3 1.44 2,369,375.00 Industrials WW GRAINGER INC 2/15/2025 384802AE4 0.70 544,863.60 Industrials JOHN DEERE CAPITAL CORP 3/13/2025 24422EUE7 1.08 1,217,512.50 Industrials INTEL CORP 3/25/2025 458140BP4 4.53 1,948,994.01 Information Technology AMAZON.COM INC 4/13/2025 023135CE4 2.99 2,898,600.00 Consumer Discretionary TARGET CORP 4/15/2025 87612EBL9 1.75 2,846,550.00 Consumer Discretionary APPLE INC 5/11/2025 037833DT4 1.12 1,042,092.09 Information Technology HONEYWELL INTERNATIONAL 6/1/2025 438516CB0 1.14 2,775,810.00 Industrials AMAZON.COM INC 6/3/2025 023135BQ8 1.19 1,533,423.52 Consumer Discretionary JP MORGAN CHASE 7/15/2025 46625HMN7 1.85 1,954,680.00 Financials PACCAR FINANCIAL 8/11/2025 69371RR99 4.37 2,237,187.00 Financials STATE STREET CORP 8/18/2025 857477AT0 3.09 1,556,672.00 Financials CUMMINS INC 9/1/2025 231021AU0 1.28 670,527.78 Industrials CUMMINS INC 9/1/2025 231021AU0 1.18 2,036,852.22 Industrials HOME DEPOT INC 9/15/2025 437076BK7 3.09 3,105,152.00 Consumer Discretionary TOYOTA MOTOR CORP 10/16/2025 89236THP3 1.42 2,688,000.00 Consumer Discretionary VISA INC 12/14/2025 92826CAD4 2.74 2,410,475.00 Financials PEPSICO INC 2/24/2026 713448DF2 4.34 1,779,841.44 Consumer Staples CISCO SYSTEMS 2/28/2026 17275RBC5 4.34 3,340,855.00 Information Technology TARGET CORP 4/15/2026 87612EBE5 4.39 1,734,190.00 Consumer Discretionary TARGET CORP 4/15/2026 87612EBE5 4.17 1,781,997.40 Consumer Discretionary PACCAR FINANCIAL 5/11/2026 69371RR32 4.40 2,676,330.00 Financials INTEL CORP 5/19/2026 458140AU4 1.34 2,215,274.36 Information Technology WALMART INC 7/8/2026 931142EM1 4.11 1,830,384.00 Consumer Discretionary CISCO SYSTEMS 9/20/2026 17275RBL5 4.07 1,072,099.00 Information Technology HONEYWELL INTERNATIONAL 11/1/2026 438516BL9 3.03 1,092,759.60 Industrials Page 17 of 18 Page 246 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market Value GICS Sector NIKE INC 11/1/2026 654106AF0 3.14 956,350.35 Consumer Discretionary ILLINOIS TOOL WORKS INC 11/15/2026 452308AX7 4.87 1,321,444.74 Industrials ABBOTT LABORATORIES 11/30/2026 002824BF6 4.71 974,690.00 Health Care BANK OF AMERICA CORP 3/2/2027 06048WS84 2.75 3,593,120.00 Financials CHARLES SCHWAB CORP 3/3/2027 808513BY0 3.35 2,013,473.70 Financials PEPSICO INC 3/19/2027 713448ER5 3.14 1,800,130.50 Consumer Staples COSTCO WHOLESALE CORP 5/18/2027 22160KAM7 4.31 3,013,696.00 Consumer Discretionary MERCK & CO INC 6/10/2027 58933YBC8 3.18 2,841,184.00 Health Care Total 148,906,305.38 GICS Sector Amount Percent Information Technology 18,246,085.76 12.25% Financials 36,616,986.04 24.59% Real Estate 1,980,080.00 1.33% Consumer Discretionary 33,888,646.93 22.76% Industrials 30,833,319.44 20.71% Consumer Staples 13,495,080.34 9.06% Energy 956,920.00 0.64% Utilities 459,728.75 0.31% Materials 329,670.40 0.22% Communication Services 0.00 0.00% Health Care 12,099,787.72 8.13% Total 148,906,305.38 100.00% 12.25% 24.59% 1.33% 22.76% 20.71% 9.06% 0.64%0.31% 0.22%0.00%8.13% Corporate Bonds - Sector Distribution Information Technology Financials Real Estate Consumer Discretionary Industrials Consumer Staples Energy Utilities Materials Communication Services Health Care Page 18 of 18 Page 247 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 1 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) 1.0 Purpose: This “Investment Policy and Guidelines” (the “Investment Policy”) Policy is intended to provide guidelines for the prudent investment of the City of Chula Vista’s (the “City”) cash balances, and outline policies to assist in maximizing the efficiency of the City’s cash management system, while meeting the daily cash flow demands of the City. 2.0 Policy: The investment practices and policies of the City of Chula Vista are based upon state law and prudent money management. 3.0 Scope: This Investment Policy applies to all financial assets of the City of Chula Vista, as indicated in 3.1 below. These funds are accounted for in the City’s Comprehensive Annual Financial Report. 3.1 Funds: The Director of Finance/Treasurer is responsible for investing the unexpended cash in the City Treasury for all funds, except for the employee’s retirement funds, which are administered separately, and those funds which are managed separately by trustees appointed under indenture agreements. The Director of Finance/Treasurer will strive to maintain the level of investment of this cash as close as possible to 100%. These funds are described in the City’s annual financial report and include: General Fund Special Revenue Funds Capital Project Funds Enterprise Funds Trust and Agency Funds Any new fund created by the legislative body, unless specifically exempted This Investment Policy applies to all transactions involving the financial assets and related activity of the foregoing funds. Page 248 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 2 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) Bond proceeds shall be invested in the investments permitted by the applicable bond documents. If the bond documents are silent as to the permitted investments, the bond proceeds will be invested in the securities permitted by this Policy. Notwithstanding the other provisions of this Policy, the percentage limitations listed elsewhere in this Policy do not apply to bond proceeds. 4.0 Prudence: The standard of prudence to be used by the Director of Finance/Treasurer shall be the “prudent investor standard”. This shall be applied in the context of managing an overall portfolio. The “prudent investor standard” is applied to local agencies, pursuant to California Government Code Section 53600.3 which provides, in pertinent part: all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the agency…” 4.1 Personal Responsibility: The Director of Finance/Treasurer, Assistant Director of Finance, Treasury Manager and Finance Manager as investment officers acting in accordance with written procedures and the Investment Policy and exercising due diligence, shall be relieved of personal responsibility for an individual security ’s credit risk or market price changes, provided deviations from expectations are reported to the City Council in a timely fashion and appropriate action is taken to control adverse developments. 5.0 Objective: Consistent with this aim, investments are made under the terms and conditions of California Page 249 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 3 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) Government Code Section 53600, et seq. Criteria for selecting investments and the absolute order of priority are: 5.1 Safety: Safety of principal is the foremost objective of the investment program. Investments of the City of Chula Vista shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. To attain this objective, diversification is required in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. 5.2 Liquidity: The City of Chula Vista’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated and to maintain compliance with any indenture agreement, as applicable. Liquidity is essential to the safety of principal. 5.3 Return on Investments: The City of Chula Vista’s investment portfolio shall be designed with the objective of attaining a market-average rate of return throughout budgetary and economic cycles (market interest rates), within the City’s Investment Policy’s risk parameters and the City’s cash flow needs. See also Section 16.0. 6.0 Delegation of Authority: The City Council delegates responsibility for the investment program to the Director of Finance/Treasurer for a period of one year. Subject to review, the City Council may renew the delegation of authority each year. The Director of Finance/Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls and written procedures to regulate the activities of subordinate officials. The responsibility for the day-to-day investment of City funds will be delegated to the Assistant Director of Finance or their designee. The Director of Finance/Treasurer may delegate day-to-day investment decision making and execution authority to an investment advisor. The advisor shall follow the Investment Policy and such other written instructions as are provided. 7.0 Ethics and Conflicts of Interest: Page 250 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 4 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) In addition to state and local statutes relating to conflicts of interest, all persons involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Employees and investment officers, including investment advisors, are required to file annual disclosure statements as required for “public officials who manage public investments” [as defined and required by the Political Reform Act and related regulations, including Government Code Sections 81000, et seq., and the rules, regulations and guidelines promulgated by California’s Fair Political Practices Commission (FPPC)]. 8.0 Authorized Financial Dealers and Institutions: For any transactions executed by the City, the City’s Director of Finance/Treasurer will maintain a list of the financial institutions and brokers/dealers authorized to provide investment and depository services and will perform an annual review of their financial condition. The City will utilize Moody’s Securities or other such services to determine financially sound institutions with which to do business. The City shall annually send a copy of the current Investment Policy to all financial institutions and brokers/dealers approved to do business with the City. As far as possible, all money belonging to, or in the custody of, a local agency, including money paid to the City’s Director of Finance/Treasurer or other official to pay the principal, interest, or penalties of bonds, shall be deposited for safekeeping in state or national banks, savings associations, federal associations, credit unions, or federally insured industrial loan companies in this state selected by the City’s Director of Finance/Treasurer; or may be invested in the investments set forth in Section 9.0. To be eligible to receive local agency money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than “satisfactory” in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California’s communities, including low- and moderate-income neighborhoods. To provide for the optimum yield in the investment of City funds, the City’s investment procedures shall encourage competitive bidding on transactions. Any transactions not executed directly with the issuer shall be made with approved brokers/dealers. In order to be approved by the City, the broker/dealer must meet the following criteria: (i) the broker/dealer must be a “primary” dealer or regional broker/dealer that qualifies under Securities and Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule); (ii) the broker/dealer must be experienced in institutional trading practices and Page 251 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 5 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) familiar with the California Government Code as related to investments appropriate for the City; and iii) all other applicable criteria, as may be established in the investment procedures. All brokers/dealers and financial institutions who desire to become qualified bidders for investment transactions must submit documents relative to eligibility including U4 form for the broker, proof of Financial Industry Regulatory Authority (FINRA) certification and a certification of having read and understood the City’s Investment Policy and agreeing to comply with the Investment Policy. The City’s Director of Finance/Treasurer shall determine if they are adequately capitalized (i.e. minimum capital requirements of $10,000,000 and five years of operation). If the City has an investment advisor, the investment advisor may use its own list of authorized issuers and broker/dealers to conduct transactions on behalf of the City. 9.0 Authorized and Suitable Investments: The City is authorized by California Government Code Section 53600, et. seq., to invest in specific types of securities. Where this section specifies a percentage limitation for a particular security type, that percentage is applicable only on the date of purchase. Credit criteria listed in this section refers to the credit rating at the time the security is purchased. If an investment’s credit rating falls below the minimum rating required at the time of purchase, the Director of Finance/Treasurer will perform a timely review and decide whether to sell or hold the investment. Investments not specifically listed below are deemed inappropriate and prohibited: A. BANKERS’ ACCEPTANCES. A maximum of 40% of the portfolio may be invested in bankers’ acceptances. The maximum maturity is 180 days. No more than 30% of the agency’s moneys may be invested in the bankers’ acceptances of any one commercial bank. See Government Code Section 53601(g). B. NEGOTIABLE CERTIFICATES OF DEPOSIT. A maximum of 30% of the portfolio may be invested in negotiable certificates of deposit (NCD’s). The maximum maturity of a NCD issue shall be 5 years. These are issued by commercial banks and thrift institutions against funds deposited for specified periods of time and earn specified or variable rates of interest. Negotiable certificates of deposit (NCD’s) differ from other certificates of deposit by their liquidity. NCD’s are traded actively in secondary markets. See Government Code Section 53601(i). Page 252 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 6 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) C. COMMERCIAL PAPER. Per Government Code Section 53601(h), a maximum of 25% of the portfolio may be invested in commercial paper. No more than 10% of the outstanding commercial paper of any single issuer may be purchased. The maximum maturity is 270 days. Commercial paper of prime quality of the highest ranking or of the highest letter and number rating as provided for by a NRSRO. The entity that issues the commercial paper shall meet all of the following conditions in either paragraph (1) or paragraph (2): 1) The entity meets the following criteria: a. Is organized and operating in the United States as a general corporation. b. Has total assets in excess of five hundred million dollars ($500,000,000). c. Has debt other than commercial paper, if any, that is rated in a rating category of “A” or higher, or the equivalent, by a NRSRO. 2) The entity meets the following criteria: a. Is organized within the United States as a special purpose corporation, trust, or limited liability company. b. Has program wide credit enhancements including, but not limited to, over collateralization, letters of credit, or surety bond. c. Has commercial paper that is rated in a rating category of “A-1” or higher, or the equivalent, by a NRSRO. D. BONDS ISSUED BY THE CITY OR ANY LOCAL AGENCY WITHIN THE STATE OF CALIFORNIA. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(a) and 53601(e). E. OBLIGATIONS OF THE UNITED STATES TREASURY. United States Treasury Notes, bonds, bills or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(b). F. FEDERAL AGENCIES. Federal agency or United States government-sponsored enterprise obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government -sponsored enterprises. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(f). Page 253 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 7 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) G. REPURCHASE AGREEMENT, maximum term 1 year. Investments in repurchase agreements may be made, on any investment authorized in this section, when the term of the agreement does not exceed 1 year. A Master Repurchase Agreement must be signed with the bank or broker/dealer who is selling the securities to the City. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(j). H. REVERSE-REPURCHASE AGREEMENTS (Requires Council approval for each transaction). Per Government Code Section 53601(j), reverse repurchase agreements or securities lending agreements may be utilized only when all of the following conditions are met: a) The security to be sold on reverse repurchase agreement or securities lending agreement has been owned and fully paid for by the local agency for a minimum of 30 days prior to sale. b) The total of all reverse repurchase agreements and securities lending agreements on investments owned by the local agency does not exceed 20% of the base value of the portfolio. c) The agreement does not exceed a term of 92 days, unless the agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. d) Funds obtained or funds within the pool of an equivalent amount to that obtained from selling a security to a counter party by way of a reverse repurchase agreement or securities lending agreement, shall not be used to purchase another security with a maturity longer than 92 days from the initial settlement date of the reverse repurchase agreement or securities lending agreement, unless the reverse repurchase agreement or securities lending agreement includes a written codicil guaranteeing a minimum earning or spread for the entire period between the sale of a security using a reverse repurchase agreement or securities lending agreement and the final maturity date of the same security. e) Investments in reverse repurchase agreements, securities lending agreements, or similar investments in which the local agency sells securities prior to purchase with a simultaneous agreement to repurchase the security shall only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with a local agency. f) For purposes of this policy, “significant banking relationship” means any of the following activities of a bank: Page 254 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 8 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) i. Involvement in the creation, sale, purchase, or retirement of a local agency’s bonds, warrants, notes, or other evidence of indebtedness. ii. Financing of a local agency’s activities. iii. Acceptance of a local agency’s securities or funds as deposits. I. MEDIUM-TERM CORPORATE NOTES. A maximum of 30% of the portfolio may be invested in medium-term corporate notes, with a maximum remaining maturity of five years or less. Notes eligible for investment shall be rated in a rating category of “A,” its equivalent or better by a NRSRO. See Government Code Section 53601(k). No more than 10% of the City’s total investment assets may be invested in the commercial paper and the medium-term notes of any single issuer. J. NON-NEGOTIABLE CERTIFICATES OF DEPOSIT. The maximum maturity is 5 years. Certificates of deposit are required to be collateralized as specified under Government Code Section 53630 et seq. The City, at its discretion, may waive the collateralization requirements for any portion that is covered by Federal Deposit Insurance Corporation (FDIC) insurance. There is no limit on the percentage of the portfolio that can be invested in this category. K. OBLIGATIONS OF THE STATE OF CALIFORNIA. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by the state, or by a department, board, agency or authority of the state. The maximum maturity is 5 years. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(d). L. OBLIGATIONS OF THE OTHER 49 STATES. Including bonds payable solely out of revenues from a revenue producing property owned, controlled or operated by any of these states, or by a department, board, agency or authority of the state. The maximum maturity is 5 years. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(d). M. MONEY MARKET FUNDS. A maximum of 20% of the portfolio may be invested in money market funds. No more than 10% of the agency’s funds may be invested in shares of beneficial interest of any one mutual fund. Local agencies may invest in “shares of beneficial interest” issued by diversified management companies which invest in the securities and obligations as authorized by California Government Code Section 53601, subdivisions (a) to (k), inclusive, and subdivisions m) to (q), inclusive. They must have the highest rating from two NRSRO’s or have retained an Page 255 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 9 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) investment advisor registered or exempt from registration with the Securities and Exchange Commission with not less than five years of experience managing money market mutual funds and with assets under management in excess of $500,000,000. The purchase price of the shares may not include commission. See Government Code Section 53601(l). N. SAN DIEGO COUNTY TREASURER’S POOLED MONEY FUND. Also known as the San Diego County Investment Pool, the pool is a local government money fund created to invest the assets of the County of San Diego and other public agencies located within the County. The three primary objectives of the County Pool are to safeguard principal; to meet liquidity needs of Pool participants; and to achieve an investment return on the funds within the guidelines of prudent risk management. Investment in the County Pool is highly liquid and the City may invest with no portfolio percentage limit. See Government Code Section 27133. O. THE LOCAL AGENCY INVESTMENT FUND (LAIF). LAIF is a special fund of the California State Treasury through which any local government may pool investments. The City may invest up to $75 million in this fund. Investments in LAIF are highly liquid and may be converted to cash within 24 hours. See Government Code Section 16429.1. P. SHARES OF BENEFICIAL INTEREST ISSUED BY A JOINT POWERS AUTHORITY (Local Government Investment Pools [LGIP]). Per Government Code Section 53601(p), there is no limit on the percentage of the portfolio that can be invested in this category. LGIP’s organized pursuant to Government Code Section 6509.7 that invests in the securities and obligations authorized in subdivisions (a) to (q) of California Government Code Section 53601, inclusive. Each share will represent an equal proportional interest in the underlying pool of securities owned by the joint powers authority. To be eligible under this section the joint powers authority issuing the shares will have retained an investment adviser that meets all of the following criteria: The adviser is registered or exempt from registration with the Securities and Exchange Commission. The adviser has not less than five years of experience investing in the securities and obligations authorized in subdivisions (a) to (q) Government Code Section 53601, inclusive. The adviser has assets under management in excess of five hundred million dollars 500,000,000). Q. ASSET BACKED SECURITIES (ABS). A maximum of 20% of the portfolio may be invested in ABS. The maximum maturity is five years. Securities eligible for investment under this subdivision Page 256 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 10 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) shall be rated in a rating category of “AA” or its equivalent or better by an NRSRO. ABS constitutes a mortgage pass-through security, collateralized mortgage obligation, mortgage-backed or other pay-through bond, equipment lease-backed certificate, consumer receivable pass-through certificate, or consumer receivable-backed bond. See Government Code Section 53601(o). R. SUPRANATIONALS. A maximum of 30% of the portfolio may be invested in supranationals. The maximum maturity is five years. Securities eligible for purchase under this subdivision shall be United States dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank that are eligible for purchase and sale within the United States. Investments under this subdivision shall be rated in a rating category of “AA,” its equivalent or better by an NRSRO. See Government Code Section 53601(q). S. PLACEMENT SERVICE DEPOSITS. A maximum of 30% of the portfolio may be invested in placement service deposits. The maximum maturity is 5 years. Deposits placed through a deposit placement service shall meet the requirements under Government Code Section 53601.8 and 53635.8. The full amount of the principal and the interest that may be accrued during the maximum term of each certificate of deposit shall at all times be insured by federal deposit insurance. T. COLLATERALIZED BANK DEPOSITS. Notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by California Government Code Section 53651 as eligible securities for the purpose of securing local agency deposits having a market value at least equal to that required by California Government Code Section 53652 for the purpose of securing local agency deposits. The securities serving as collateral shall be placed by delivery or book entry into the custody of a trust company or the trust department of a bank that is not affiliated with the issuer of the secured obligation. The maximum maturity is 5 years. There is no limit on the percentage of the portfolio that can be invested in this category. See Government Code Section 53601(n) and 53630 et seq. 9.1 Investment Pools: The City’s Director of Finance/Treasurer or designee shall be required to investigate all local government investment pools and money market mutual funds prior to investing and performing at least a quarterly review thereafter while the City is invested in the pool or the money market fund. LAIF is Page 257 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 11 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) authorized under provisions in Section 16429.1 of the California Government Code as an allowable investment for local agencies even though some of the individual investments of the pool are not allowed as a direct investment by a local agency. 10.0 Portfolio Adjustments: Should any investment listed in section 9.0 exceed a percentage-of-portfolio limitation due to an incident such as fluctuation in portfolio size, the affected securities may be held to maturity to avoid losses. When no loss is indicated, the Director of Finance/Treasurer shall consider reconstructing the portfolio basing his or her decision on the expected length of time the portfolio will be unbalanced. If this occurs, the City Council shall be notified. 11.0 Collateralization: Under provisions of the California Government Code, California banks, and savings and loan associations are required to secure the City’s deposits by pledging letters of credit issued by the Federal Home Loan Bank of San Francisco with a value of 105% of the principal and accrued interest, government securities with a value of 110% of principal and accrued interest or first trust deed mortgage notes having a value of 150% of the City’s total deposits. Collateral will be handled as required by the California Government Code. The Director of Finance/Treasurer, at his or her discretion, may waive the collateral requirement for deposits that are fully insured up to $250,000 by the Federal Deposit Insurance Corporation. The market value of securities that underlay a repurchase agreement shall be valued at 102% or greater of the funds borrowed against those securities and the value shall be adjusted no less than quarterly. Since the market value of the underlying securities is subject to daily market fluctuations, the investments in repurchase agreements shall be in compliance if the value of the underlying securities is brought back up to 102% no later than the next business day. Collateral will always be held by an independent third party. A clearly marked evidence of ownership (safekeeping receipt) must be supplied to the City and retained. The right of collateral substitution is granted. 12.0 Safekeeping and Custody: All City investments shall identify the City of Chula Vista as the registered owner, and all interest and principal payments and withdrawals shall indicate the City of Chula Vista as the payee. All securities Page 258 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 12 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) shall be safe kept with the City itself or with a qualified financial institution, contracted by the City as a third party. All agreements and statements will be subject to review annually by external auditors in conjunction with their audit. In the event that the City has a financial institution hold the securities, a separate custodial agreement shall be required. All deliverable securities shall be acquired by the safekeeping institution on a “Delivery-Vs-Payment” (DVP) basis. For Repurchase Agreements, the purchase may be delivered by book entry, physical delivery or by third -party custodial agreement consistent with the Government Code. The transfer of securities to the counter party bank’s customer book entry account may be used for book entry delivery. 13.0 Diversification: The City’s investment portfolio will be diversified to avoid incurring unreasonable and avoidable risks associated with concentrating investments in specific security types, maturity segment, or in individual financial institutions. No more than 5% of the investment portfolio shall be in securities of any one issuer except for U.S. Treasuries, U.S. Government Agency issues, and investment pools such as LAIF, the San Diego County Pool, money market funds, and local government investment pools (LGIP’s). A. Credit risk, defined as the risk of loss due to failure of the insurer of a security, shall be mitigated by investing in those securities with an “A” or above rating and approved in the Investment Policy and by diversifying the investment portfolio so that the failure of any one issuer would not unduly harm the City’s cash flow. B. Market risk, defined as the risk of market value fluctuations due to overall changes in the general level of interest rates, shall be mitigated by implementing a long-term investment strategy. It is explicitly recognized herein, however, that in a diversified portfolio, occasional measured losses are inevitable and must be considered within the context of overall investment return. The City’s investment portfolio will remain sufficiently liquid to enable the City to meet all operating requirements which might be reasonably anticipated. 14.0 Maximum Maturities: To the extent possible, the City will attempt to match its investments with anticipated cash flow requirements. The City will not directly invest in securities maturing more than five (5) years from the date of purchase, unless, the legislative body has granted express authority to make that investment either specifically, or as a part of an investment program approved by the City Council at least three (3) Page 259 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 13 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) months prior to the investment. 15.0 Internal Control: The Director of Finance/Treasurer shall establish a system of internal controls designed to prevent loss of public funds due to fraud, employee error, or misrepresentation by third parties. No investment personnel, including an investment advisor, may engage in an investment transaction except as provided for under the terms of this Investment Policy and the procedure established by the Director of Finance/Treasurer. The external auditors shall annually review the investments with respect to the Investment Policy. This review will provide internal control by assuring compliance with policies and procedures for the investments that are selected for testing. Additionally, account reconciliation and verification of general ledger balances relating to the purchasing or maturing of investments and allocation of investments to fund balances shall be performed by the Finance Department and approved by the Director of Finance/Treasurer. To provide further protection of City funds, written procedures prohibit the wiring of any City funds without the authorization of at least two of the following six designated City staff: 1. Director of Finance/Treasurer 2. Assistant Director of Finance 3. Treasury Manager 4. Finance Manager 5. Revenue Manager 6. Budget and Analysis Manager 16.0 Performance Standards: The investment portfolio shall be managed to attain a market-average rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and cash flow. Investment return becomes a consideration only after the basic requirements of investment safety and liquidity have been met. In evaluating the performance of the City’s portfolio in complying with this policy, the City shall establish an appropriate performance benchmark and compare the return of its portfolio to the return of the benchmark. Page 260 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 14 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) 17.0 Reporting: The Director of Finance/Treasurer shall submit a quarterly investment report to the City Council and City Manager following the end of each quarter. This report will include the following elements: Type of investment Institutional issuer Purchase date Date of maturity Amount of deposit or cost of the investment Face value of the investment Current market value of securities and source of valuation Rate of interest Interest earnings Statement relating the report to its compliance with the Statement of Investment Policy or the manner in which the portfolio is not in compliance Statement on availability of funds to meet the next six month’s obligations Monthly and year-to-date budget amounts for interest income Percentage of portfolio by investment type Days to maturity for all investments Comparative report on interest yields Monthly transactions Compare portfolio total return to market benchmark total return In addition, a commentary on capital markets and economic conditions may be included with the report. 18.0 Investment Policy Review and Adoption: This Investment Policy shall be reviewed at least annually by the Director of Finance/Treasurer to ensure its consistency with the overall objective of preservation of principal, liquidity, and return, and its relevance to current law and financial and economic trends. Each fiscal year, the Finance Director shall provide a copy of the City’s current Investment Policy and Guidelines to the City Council. By virtue of a resolution of the City Council of the City of Chula Vista, the Council shall acknowledge the receipt of the Policy for the respective fiscal year. Page 261 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 15 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) GLOSSARY AGENCIES: Federal agency securities. ASKED: The price at which securities are offered. (The price at which a firm will sell a security to an investor.) BANKERS’ ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. The drafts are drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. An acceptance is a high-grade negotiable instrument. BASIS POINT: One one-hundredth of a percent (i.e., 0.01 %). BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) BROKER: A broker brings buyers and sellers together for a commission. He does not take a position. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large-denomination CD’s are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments are purchased at a discount to par value or at par value with interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation, IBM, Bank of America, etc. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange Page 262 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 16 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) of a signed receipt for the securities. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL AGENCIES: Agencies of the Federal government set up to supply credit to various classes of institutions (e.g., S&L’s, small business firms, students, farmers, farm cooperatives, and exporters). FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A Federal agency that insures bank deposits, currently up to $250,000 per deposit. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven-member Board of Governors in Washington, D.C.; 12 regional banks and about 5,700 commercial banks are members of the system. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL AGENCY INVESTMENT FUND (LAIF): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): An investment pool offered by a state or local agency to public entities for the investment of public funds. MARKET VALUE: The price at which a security is trading and could presumable be purchased or sold. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. NATIONALLY RECOGNIZED STATISTICAL RATING ORGANIZATIONS (NRSROs): Credit rating agencies that issue credit ratings that the Securities and Exchange Commission (SEC) permits other financial firms to use for certain regulatory purposes. Page 263 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 17 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) NEGOTIABLE CERTIFICATES OF DEPOSIT: Unsecured obligations of the financial institution, bank or savings and loan, bought at par value with the promise to pay face value plus accrued interest at maturity. They are high-grade negotiable instruments, paying a higher interest rate than regular certificates of deposit. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer). PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALER: A group of government securities dealers who submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to its informal oversight. Primary dealers include Securities and Exchange Commission SEC)-registered securities broker/dealers, banks and a few unregulated firms. PRUDENT INVESTOR STANDARD: An investment standard. In some states, the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state- the so-called “legal list”. In other states, the trustee may invest in a security if it is one that would be bought by a prudent person of discretion and intelligence who is seeking a reasonable income and preservation of capital. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank’s vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See “Uniform Net Capital Rule”. Page 264 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: INVESTMENT POLICY AND GUIDELINES POLICY NUMBER EFFECTIVE DATE PAGE 220-01 03/01/2022 18 OF 18 ADOPTED BY: Resolution No. 17578 DATED: 07/26/94 AMENDED BY: Resolution Nos. 18571 (2/4/97); 19375 (2/16/99); 2000-050 (2/15/00); 2001-026 2/13/01); 2002-039 (2/12/02); 2005-184 (6/7/05); 2006-176 (6/13/06); 2008-054 (2/12/08); 2010-045 3/2/10); 2011-020 (2/22/11); 2012-034(3/13/12); 2013-020 (2/26/13); 2014-039 (3/11/14); 2014-191 10/28/14); 2015-041 (3/03/2015); 2016-046 (03/15/2016); 2017-078 (05/23/2017); 2018-090 05/22/2018); 2019-086 (05/21/2019); 2020-024 (02/18/2020); 2021-022 (02/16/2021); 2022-052 03/01/2022) TREASURY BILLS: A non-interest bearing discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: Intermediate-term coupon bearing U.S. Treasury having initial maturities of one year to ten years. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker/dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) Income Yield is obtained by dividing the current dollar income by the current market price for the security. (b) Net Yield or Yield to Maturity is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. Page 265 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Grant and Donation Acceptance & Revenue Appropriation: Accept Grants and Donations to be Used for the Costs Associated with Parks & Recreation Facilities and Programs Report Number: 23-0025 Location: Norman Park Senior Center, 270 F St; Parkway Community Center, 373 Park Way Department: Community Services – Parks and Recreation Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting grants and donations from multiple sources in the amount of $17,750 to be used for costs associated with Parks & Recreation facilities and programs, and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY Multiple grants and donors have made contributions to the Community Services Department - Parks & Recreation to fund costs associated with the Parks & Recreation facilities and programs. Today’s action asks the City Council to accept and appropriate these funds. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under 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 266 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION Parkway Community Center was awarded a grant from Dick’s Sporting Goods in the amount of $10,000 to purchase equipment needed for our Youth Sports program. The Friends of Chula Vista Parks & Recreation donated $4,000 towards the Youth Scholarship Program to supplement the costs of programs and activities for Chula Vista residents. The San Diego Seniors Community donated $2,500 to support a holiday dinner and dance at the Norman Park Senior Center. Ruben Gavilan donated $750, and Palm Care Pharmacy donated $500 all to assist with programs and supplies at the Norman Park Senior Center. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in an appropriation of $17,750 in grants and donations from multiple donors to the Community Services Department’s budget. There is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT All funds were issued for one time use to supplement costs of programs and activities. There is no on -going impact to the budget. ATTACHMENTS None. Staff Contact: Gil Contreras, Principal Recreation Manager Page 267 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS AND DONATIONS FOR PARKS & RECREATION FACILITIES AND PROGRAMS AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City of Chula Vista Community Services Department received a grant in the amount of $10,000 from Dick’s Sporting Goods; and WHEREAS, this grant was used to purchase equipment needed for Youth Sports program; and WHEREAS, the City of Chula Vista Community Services Department received a donation in the amount of $4,000 from the Friends of Chula Vista Parks and Recreation; and WHEREAS, this donation was used for the Youth Scholarship Program to supplement the costs of programs and activities for Chula Vista residents; and WHEREAS, the City of Chula Vista Community Services Department has received a donation from The San Diego Seniors Community in the amount of $2,500; and WHEREAS, the City of Chula Vista Community Services Department will use these donated funds to support a dinner and dance event at Norman Park Senior Center; and WHEREAS, the City of Chula Vista Community Services Department has received a donation from Ruben Gavilan in the amount of $750; and WHEREAS, the City of Chula Vista Community Services Department will use these donated funds to support programs and supplies at Norman Park Senior Center; and WHEREAS, the City of Chula Vista Community Services Department has received a donation from Palm Care Pharmacy in the amount of $500; and WHEREAS, the City of Chula Vista Community Services Department will use these donated funds to support programs and supplies at Norman Park Senior Center; and WHEREAS, the Community Services Director has reviewed the above grants and donations and determined that accepting these is in the City’s best interests and the benefits to be derived warrant acceptance of the grants; and WHEREAS, upon approval of this Resolution, all of the above donated funds will be appropriated to the Community Services Department’s FY2022/2023 budget. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby accepts $17,750 in grants and donations and appropriates the funds to the Community Services Department’s budget. Page 268 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. Page No. 2 Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Tracy Lamb Jill D.S. Maland Director of Community Services Page 269 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts in Departments; Revised Ordinance; Revised Compensation Schedule; and Updated Conflict of Interest Code Report Number: 23-0048 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: (A) Amending the Compensation Schedule and Classification Plan to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments; (B) Approving the revised Fiscal Year 2022-23 Compensation Schedule effective March 10, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; and (C) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title s of Building Official and Economic Development Manager. (First Reading) (4/5 Vote Required) SUMMARY In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing (1) the addition and deletion of certain classifications and positions and (2) salary adjustments for certain positions which necessitate amendments to the City’s Compensation Schedule and Classification Plan. The City's compensation policy allows for structures and salary ranges to be reviewed and updated as necessary to ensure that the City has the ability to attract, hire and retain quality employees. Staff is proposing salary adjustments for specific, targeted classifications, (1) that in the current labor market, are Page 270 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 hard to attract, hire and retain employees and/or (2) to allow for competitive position in their respective labor markets. Staff is also recommending approval of the revised Fiscal Year 2022-2023 Compensation Schedule effective March 10, 2023, as required by the California Code of Regulations, Title 2, Section 570.5, an update to the list of designated filers who are required to file periodic Statements of Economic Interests (Form 700), and adoption of an ordinance amending Chula Vista Municipal Code Section 2.05.010 relating to unclassified positions. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Classification Plan and Compensation Schedule In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, with corresponding updates to the Classification Plan, Compensation Schedule, and authorized departmental position counts. The following identifies the affected positions and proposed changes. Department Position Title FTE General Fund Economic Development Director of Economic Development (Frozen) -1.00 Economic Development Manager 1.00 Finance Management Analyst II -1.00 Collections Supervisor 1.00 Public Works Secretary -1.00 Senior Fiscal Office Specialist 1.00 General Fund Total 0.00 Additionally, the City's compensation policy allows for structures and salary ranges to be reviewed and updated as necessary to ensure that the City has the ability to attract, hire and retain quality employees. Staff is proposing salary adjustments for specific, targeted classifications, (1) that in the current labor market, are hard to attract, hire and retain employees and/or (2) to allow for competitive position in their respective labor markets. Summary of New and Updated Classifications Position Title Employee Group E Step Salary Assistant City Attorney Senior Management $8,083.00 bi-weekly Page 271 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 Building Official Senior Management $6,493.24 bi-weekly Deputy City Attorney I Professional, Unclassified $5,925.00 bi-weekly Deputy City Attorney II Professional, Unclassified $6,517.52 bi-weekly Deputy City Attorney III Professional, Unclassified $7,169.28 bi-weekly Economic Development Manager Senior Management $6,407.08 bi-weekly Summary of New and Updated Classifications (continued) Position Title Employee Group E Step Salary Police Communications Systems Manager Mid-Manager $5,306.43 bi-weekly Police Dispatch Calltaker Unclassified, Hourly $29.03 per hour Police Dispatcher ACE $3,193.89 bi-weekly Police Dispatcher Supervisor ACE $3,758.82 bi-weekly Police Dispatcher Trainee ACE $2,903.54 bi-weekly Senior Assistant City Attorney Senior Management $8,083.00 bi-weekly Adoption of Resolution A will amend the Compensation Schedule and Classification Plan to reflect the above changes. Compensation Schedule Requirement California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws. The revised Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting on January 24, 2023. Adoption of Resolution B will approve the revised Fiscal Year 2022-23 Compensation Schedule effective March 10, 2023, which reflects: (1) the addition of the Building Official and the Economic Development Manager position titles and (2) the adjusted salaries for the Assistant City Attorney, Deputy City Attorney I, Deputy City Attorney II, Deputy City Attorney III, Police Communications Systems Manager, Police Dispatch Calltaker, Police Dispatcher, Police Dispatcher Supervisor, Police Dispatcher Trainee and Senior Assistant City Attorney position titles. The Compensation Schedule reflecting these revisions is Attachment 1 to this staff report. Conflict of Interest Code Updates The City Clerk and City Attorney have reviewed the position changes and recommend that the appendix to the Conflict of Interest Code (Attachment 2) be updated to designate the appropriate positions as Form 700 filers and as “designated employees” for purposes of AB 1234, requiring them to participate in mandatory ethics training. Approval of Resolution C will make the appropriate updates to the appendix to the Conflict of Interest Code. Additional changes were made to the Conflict of Interest Code to update recent changes to Boards and Commissions and other filers. The redline version of the changes is attached to this item. Ordinance Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the Page 272 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 unclassified positions. Chula Vista City Charter Section 500(D) requires that all management level unclassified positions not mentioned specifically in Charter Section 500(D) be adopted by ordinance. Adoption of the Ordinance will add the position titles of Building Official and Economic Development Manager Municipal Code Section 2.05.010. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year net fiscal impact to the General Fund as a result of this action. Funding for the Economic Development Manager, Senior Fiscal Office Specialist and updated classifications will be offset through salary savings within their respective departments in the General Fund. Funding for the Collections Supervisor position and updated classifications will be offset through salary savings within the Sewer and Measure A funds, respectively. ONGOING FISCAL IMPACT The projected ongoing impact to the General Fund totals $673,631 in fiscal year 2024, $685,802 in fiscal year 2025, and $697,846 in fiscal year 2026. Ongoing salary costs will be incorporated into subsequent fiscal year budgets. The projected fiscal impact by fund and fiscal year is summarized in the table below: ATTACHMENTS 1. Revised Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 2. Revised Appendix to the Conflict of Interest Code and Resolution Staff Contact: Courtney Chase, Director of Human Resources/Risk Management Page 273 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 1 of 71 3633 CONF ACCOUNTANT 0 30.30 2,423.63 1 31.81 2,544.82 2 33.40 2,672.05 3 35.07 2,805.66 4 36.82 2,945.94 3641 ACE ACCOUNTING ASSISTANT 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 3643 CONF ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3675 ACE ACCOUNTING TECHNICIAN 0 26.04 2,083.57 1 27.35 2,187.75 2 28.71 2,297.13 3 30.15 2,411.99 4 31.66 2,532.59 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 32.63 2,610.13 1 34.26 2,740.65 2 35.97 2,877.68 3 37.77 3,021.56 4 39.66 3,172.62 Page 274 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 2 of 71 0149 CONF ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0179 ACE ADMINISTRATIVE SECRETARY 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0180 UCHR ADMINISTRATIVE SECRETARY 0 27.72 -- 1 29.10 -- 2 30.56 -- 3 32.08 -- 4 33.69 -- 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 0215 SM ADMINISTRATIVE SERVICES MGR 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 0181 ACE ADMINISTRATIVE TECHNICIAN 0 27.72 2,217.25 1 29.10 2,328.12 2 30.56 2,444.51 3 32.08 2,566.74 4 33.69 2,695.08 5316 UCHR ANIMAL CARE AIDE 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- Page 275 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 3 of 71 5317 ACE ANIMAL CARE FACILITY SUPV 0 32.11 2,569.11 1 33.72 2,697.57 2 35.41 2,832.44 3 37.18 2,974.07 4 39.03 3,122.77 5343 ACE ANIMAL CARE SPECIALIST 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 5344 UCHR ANIMAL CARE SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 27.93 2,234.01 1 29.32 2,345.71 2 30.79 2,463.00 3 32.33 2,586.16 4 33.94 2,715.45 5303 ACE ANIMAL CONTROL OFFICER 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5305 UCHR ANIMAL CONTROL OFFICER 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 27.75 2,220.16 1 29.14 2,331.16 2 30.60 2,447.71 3 32.13 2,570.10 4 33.73 2,698.62 Page 276 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 4 of 71 5309 ACE ANIMAL SERVICES SPECIALIST 0 21.94 1,755.07 1 23.04 1,842.82 2 24.19 1,934.96 3 25.40 2,031.72 4 26.67 2,133.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 53.30 4,263.88 1 55.96 4,477.07 2 58.76 4,700.91 3 61.70 4,935.96 4 64.78 5,182.76 3088 PROF APPLICATIONS SUPPORT SPEC 0 40.57 3,245.71 1 42.60 3,408.00 2 44.73 3,578.39 3 46.97 3,757.31 4 49.31 3,945.19 7741 ACE AQUARIST 0 24.98 1,998.44 1 26.23 2,098.32 2 27.54 2,203.24 3 28.92 2,313.42 4 30.36 2,429.09 7579 ACE AQUATIC SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7577 ACE AQUATIC SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7575 ACE AQUATIC SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 Page 277 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 5 of 71 5011 SM ASSISTANT CHIEF OF POLICE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 2405 SM ASSISTANT CITY ATTORNEY 0 83.12 6,649.90 1 87.28 6,982.40 2 91.64 7,331.52 3 96.23 7,698.10 4 101.04 8,083.00 2210 SM ASSISTANT CITY CLERK 0 44.53 3,562.67 1 46.76 3,740.82 2 49.10 3,927.85 3 51.55 4,124.22 4 54.13 4,330.55 2707 EXEC ASSISTANT CITY MANAGER 0 99.27 7,941.69 1 -- -- 2 -- -- 3 -- -- 4 119.91 9,593.16 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 76.85 6,147.78 1 -- -- 2 85.13 6,810.23 3 89.38 7,150.74 4 93.41 7,472.68 3604 SM ASSISTANT DIR OF FINANCE 0 75.63 6,050.05 1 -- -- 2 87.50 7,000.00 3 90.00 7,200.00 4 91.30 7,304.19 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 70.33 5,626.11 1 -- -- 2 -- -- 3 83.02 6,641.98 4 84.90 6,792.35 Page 278 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 6 of 71 6015 WCE ASSISTANT ENGINEER 0 39.93 3,194.16 1 41.92 3,353.86 2 44.02 3,521.56 3 46.22 3,697.63 4 48.53 3,882.52 6289 WCE ASSISTANT LAND SURVEYOR 0 39.93 3,194.16 1 41.92 3,353.86 2 44.02 3,521.56 3 46.22 3,697.63 4 48.53 3,882.52 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 38.91 3,112.43 1 40.85 3,268.05 2 42.89 3,431.45 3 45.04 3,603.03 4 47.29 3,783.18 4439 ACE ASSISTANT PLANNER 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 3635 CONF ASSOCIATE ACCOUNTANT 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 6017 WCE ASSOCIATE ENGINEER 0 45.92 3,673.29 1 48.21 3,856.95 2 50.62 4,049.80 3 53.15 4,252.28 4 55.81 4,464.90 6287 WCE ASSOCIATE LAND SURVEYOR 0 45.92 3,673.29 1 48.21 3,856.95 2 50.62 4,049.80 3 53.15 4,252.28 4 55.81 4,464.90 Page 279 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 7 of 71 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 44.74 3,579.29 1 46.98 3,758.26 2 49.33 3,946.18 3 51.79 4,143.48 4 54.38 4,350.66 4437 ACE ASSOCIATE PLANNER 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 3404 MMCF BENEFITS MANAGER 0 53.98 4,318.23 1 56.68 4,534.14 2 59.51 4,760.85 3 62.49 4,998.90 4 65.61 5,248.84 3406 UCHR BENEFITS MANAGER 0 53.98 -- 1 56.68 -- 2 59.51 -- 3 62.49 -- 4 65.61 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 58.24 4,659.03 1 61.15 4,891.98 2 64.64 5,171.52 3 67.88 5,430.11 4 70.79 5,663.08 4769 MM BUILDING INSPECTION MANAGER 0 51.44 4,115.31 1 54.01 4,321.08 2 56.71 4,537.13 3 59.55 4,763.99 4 62.53 5,002.19 Page 280 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 8 of 71 4771 ACE BUILDING INSPECTOR I 0 32.00 2,560.32 1 33.60 2,688.34 2 35.28 2,822.76 3 37.05 2,963.90 4 38.90 3,112.09 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.00 -- 1 33.60 -- 2 35.28 -- 3 37.05 -- 4 38.90 -- 4773 ACE BUILDING INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 35.20 -- 1 36.96 -- 2 38.81 -- 3 40.75 -- 4 42.79 -- 4775 ACE BUILDING INSPECTOR III 0 38.73 3,098.00 1 40.66 3,252.90 2 42.69 3,415.55 3 44.83 3,586.32 4 47.07 3,765.64 4705 SM BUILDING OFFICIAL 0 66.78 5,342.00 1 -- -- 2 -- -- 3 -- -- 4 81.17 6,493.24 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 69.77 5,581.43 1 -- -- 2 -- -- 3 -- -- 4 84.80 6,784.28 Page 281 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 9 of 71 6412 PROF BUILDING PROJECT MANAGER 0 45.29 3,623.07 1 47.55 3,804.21 2 49.93 3,994.42 3 52.43 4,194.15 4 55.05 4,403.85 6402 MM BUILDING SERVICES MANAGER 0 54.40 4,352.12 1 57.12 4,569.71 2 59.98 4,798.19 3 62.98 5,038.11 4 66.13 5,290.02 6669 ACE BUILDING SERVICES SUPERVISOR 0 30.94 2,475.45 1 32.49 2,599.22 2 34.11 2,729.18 3 35.82 2,865.64 4 37.61 3,008.93 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 22.43 1,794.22 1 23.55 1,883.93 2 24.73 1,978.15 3 25.96 2,077.03 4 27.26 2,180.88 6444 ACE CARPENTER 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 3669 ACE CASHIER 0 18.93 1,514.60 1 19.88 1,590.33 2 20.87 1,669.85 3 21.92 1,753.34 4 23.01 1,841.01 3053 SM CHIEF INFO SEC OFFICER 0 57.14 4,571.14 1 -- -- 2 -- -- 3 -- -- 4 69.45 5,556.25 Page 282 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 10 of 71 5001 EXEC CHIEF OF POLICE 0 101.30 8,104.31 1 -- -- 2 117.11 9,368.55 3 -- -- 4 123.14 9,850.88 2011 MMUC CHIEF OF STAFF 0 38.61 3,088.60 1 40.54 3,243.04 2 42.56 3,405.17 3 44.69 3,575.43 4 46.93 3,754.21 2729 SM CHIEF SUSTAINABILITY OFFICER 0 66.43 5,314.54 1 -- -- 2 -- -- 3 78.43 6,274.14 4 80.20 6,416.20 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 111.14 8,891.31 2435 CONF CITY ATTY INVESTIGATOR 0 32.98 2,638.19 1 34.63 2,770.10 2 36.36 2,908.60 3 38.18 3,054.03 4 40.08 3,206.74 2201 CCLK CITY CLERK 0 79.68 6,374.76 1 -- -- 2 -- -- 3 -- -- 4 96.81 7,744.82 2221 PROF CITY CLERK ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 Page 283 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 11 of 71 7007 SM CITY LIBRARIAN 0 62.25 4,979.73 1 65.36 5,228.70 2 68.63 5,490.15 3 72.06 5,764.65 4 75.66 6,052.88 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 144.23 11,538.55 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5430 UCHR CIVILIAN BCKGRND INVESTIGATOR 0 28.04 -- 1 29.44 -- 2 30.91 -- 3 32.46 -- 4 34.08 -- 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- 0241 UCHR CLERICAL AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4777 ACE CODE ENFORCEMENT OFFICER I 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 Page 284 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 12 of 71 4778 UCHR CODE ENFORCEMENT OFFICER II 0 30.58 -- 1 32.11 -- 2 33.71 -- 3 35.40 -- 4 37.17 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 30.58 2,446.31 1 32.11 2,568.64 2 33.71 2,697.07 3 35.40 2,831.92 4 37.17 2,973.52 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.17 1,933.84 1 25.38 2,030.54 2 26.65 2,132.07 3 27.98 2,238.68 4 29.38 2,350.60 3683 MM COLLECTIONS SUPERVISOR 0 38.65 3,091.62 1 40.58 3,246.21 2 42.61 3,408.50 3 44.74 3,578.95 4 46.97 3,757.89 2799 PRUC COMM/SPECL EVENTS COORD 0 41.83 3,346.71 1 43.93 3,514.05 2 46.12 3,689.76 3 48.43 3,874.25 4 50.85 4,067.96 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 5141 ACE COMMUNITY SERVICES OFFICER 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 Page 285 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 13 of 71 5142 UCHR COMMUNITY SERVICES OFFICER 0 23.37 -- 1 24.54 -- 2 25.76 -- 3 27.05 -- 4 28.40 -- 6200 ACE CONSERVATION SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.84 2 27.86 2,229.00 3 29.26 2,340.42 4 30.72 2,457.45 6202 ACE CONSERVATION SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 6427 ACE CONSTRUCTION & REPAIR SUPV 0 39.53 3,162.62 1 41.51 3,320.75 2 43.58 3,486.79 3 45.76 3,661.13 4 48.05 3,844.19 2023 UCHR COUNCIL ASSISTANT 0 22.91 -- 1 24.06 -- 2 25.26 -- 3 26.52 -- 4 27.85 -- 2003 CL COUNCILPERSON 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 29.34 2,347.31 5757 UCHR COVID SITE ASST 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- Page 286 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 14 of 71 5101 MM CRIME LABORATORY MANAGER 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 5143 UCHR CSO (TEMPORARY APPOINTMENT) 0 23.37 -- 1 24.54 -- 2 25.76 -- 3 27.05 -- 4 28.40 -- 6667 ACE CUSTODIAL SUPERVISOR 0 25.66 2,052.65 1 26.94 2,155.29 2 28.29 2,263.06 3 29.70 2,376.21 4 31.19 2,495.03 6661 ACE CUSTODIAN 0 20.28 1,622.64 1 21.30 1,703.77 2 22.36 1,788.96 3 23.48 1,878.42 4 24.65 1,972.33 6662 UCHR CUSTODIAN 0 20.28 -- 1 21.30 -- 2 22.36 -- 3 23.48 -- 4 24.65 -- 7191 ACE DELIVERY DRIVER 0 19.24 1,539.28 1 20.20 1,616.25 2 21.21 1,697.07 3 22.27 1,781.92 4 23.39 1,871.02 2410 PRUC DEPUTY CITY ATTORNEY I 0 60.93 4,874.51 1 63.98 5,118.24 2 67.18 5,374.15 3 70.54 5,642.86 4 74.06 5,925.00 Page 287 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 15 of 71 2408 PRUC DEPUTY CITY ATTORNEY II 0 67.02 5,361.98 1 70.38 5,630.08 2 73.89 5,911.58 3 77.59 6,207.16 4 81.47 6,517.52 2411 SM DEPUTY CITY ATTORNEY III 0 73.73 5,898.18 1 77.41 6,193.09 2 81.28 6,502.75 3 85.35 6,827.89 4 89.62 7,169.28 2245 PRUC DEPUTY CITY CLERK I 0 28.64 2,290.89 1 30.07 2,405.43 2 31.57 2,525.70 3 33.15 2,652.00 4 34.81 2,784.58 2243 PRUC DEPUTY CITY CLERK II 0 31.50 2,519.98 1 33.07 2,645.98 2 34.73 2,778.28 3 36.47 2,917.20 4 38.29 3,063.05 2705 EXEC DEPUTY CITY MANAGER 0 103.52 8,281.38 1 -- -- 2 -- -- 3 -- -- 4 114.66 9,172.49 5505 SM DEPUTY FIRE CHIEF 0 74.26 5,940.75 1 -- -- 2 -- -- 3 -- -- 4 90.26 7,221.04 5130 MM DETENTION FACILITY MANAGER (T) 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 Page 288 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 16 of 71 5137 ACE DETENTIONS OFFICER 0 28.04 2,243.21 1 29.44 2,355.37 2 30.91 2,473.14 3 32.46 2,596.81 4 34.08 2,726.64 5135 ACE DETENTIONS SUPERVISOR 0 32.25 2,579.70 1 33.86 2,708.68 2 35.55 2,844.12 3 37.33 2,986.33 4 39.20 3,135.64 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 4025 SM DEVELOPMENT PROJECT MGR 0 69.22 5,537.42 1 72.68 5,814.29 2 76.31 6,105.01 3 80.13 6,410.26 4 84.13 6,730.77 4547 MM DEVELOPMENT SERVICES COUNTER M 0 48.27 3,861.95 1 50.69 4,055.04 2 53.22 4,257.81 3 55.88 4,470.69 4 58.68 4,694.22 4540 UCHR DEVELOPMENT SERVICES TECH I 0 23.88 -- 1 25.07 -- 2 26.33 -- 3 27.64 -- 4 29.02 -- 4542 ACE DEVELOPMENT SERVICES TECH I 0 23.88 1,910.23 1 25.07 2,005.73 2 26.33 2,106.01 3 27.64 2,211.32 4 29.02 2,321.89 Page 289 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 17 of 71 4541 ACE DEVELOPMENT SERVICES TECH II 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 31.93 2,554.07 4544 UCHR DEVELOPMENT SERVICES TECH II 0 26.27 -- 1 27.58 -- 2 28.96 -- 3 30.41 -- 4 31.93 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 30.21 2,416.43 1 31.72 2,537.25 2 33.30 2,664.12 3 34.97 2,797.32 4 36.71 2,937.18 5245 ACE DIGITAL FORENSICS TECH I 0 25.97 2,077.96 1 27.27 2,181.86 2 28.64 2,290.96 3 30.07 2,405.51 4 31.57 2,525.78 5243 ACE DIGITAL FORENSICS TECH II 0 29.87 2,389.67 1 31.36 2,509.15 2 32.93 2,634.60 3 34.58 2,766.33 4 36.31 2,904.64 5350 EXEC DIR OF ANIMAL SERVICES 0 66.43 5,314.56 1 -- -- 2 -- -- 3 -- -- 4 80.75 6,459.88 7004 EXEC DIR OF COMMUNITY SERVICES 0 81.54 6,523.42 1 85.62 6,849.59 2 89.90 7,192.07 3 94.40 7,551.67 4 99.12 7,929.54 Page 290 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 18 of 71 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 85.73 6,858.33 1 98.08 7,846.30 2 -- -- 3 -- -- 4 104.22 8,337.45 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3601 EXEC DIR OF FINANCE 0 85.74 6,859.24 1 -- -- 2 -- -- 3 101.51 8,121.16 4 104.22 8,337.45 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 66.43 5,314.56 1 74.49 5,958.87 2 -- -- 3 -- -- 4 80.75 6,459.88 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 85.74 6,859.24 1 -- -- 2 -- -- 3 -- -- 4 104.22 8,337.45 3001 EXEC DIR OF INFO TECH SERVICES 0 81.54 6,523.42 1 -- -- 2 89.90 7,192.07 3 -- -- 4 99.12 7,929.54 Page 291 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 19 of 71 6320 EXEC DIR OF PUBLIC WORKS 0 85.74 6,859.24 1 -- -- 2 -- -- 3 96.74 7,739.47 4 104.22 8,337.45 2720 SM ECONOMIC DEVELOPMENT MGR 0 65.89 5,271.12 1 69.18 5,534.68 2 72.64 5,811.41 3 76.27 6,101.98 4 80.09 6,407.08 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 30.54 2,443.06 1 32.07 2,565.22 2 33.67 2,693.48 3 35.35 2,828.15 4 37.12 2,969.56 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 6438 ACE ELECTRICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.18 2,174.00 1 28.53 2,282.69 2 29.96 2,396.83 3 31.46 2,516.67 4 33.03 2,642.50 6475 ACE ELECTRONICS TECHNICIAN 0 32.88 2,630.53 1 34.53 2,762.06 2 36.25 2,900.17 3 38.06 3,045.17 4 39.97 3,197.42 Page 292 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 20 of 71 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 5560 SM EMERGENCY SERVICES MGR 0 49.72 3,977.42 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 5557 PROF EMS EDUCATOR 0 43.96 3,516.47 1 46.15 3,692.29 2 48.46 3,876.92 3 50.88 4,070.76 4 53.43 4,274.29 5567 PROF EMS NURSE COORDINATOR 0 52.75 4,219.77 1 55.38 4,430.74 2 58.15 4,652.29 3 61.06 4,884.90 4 64.11 5,129.14 5657 NIAF EMT (NON-SAFETY) 0 15.60 1 16.38 2 17.20 3 18.06 4 18.96 5658 UCHR EMT (NON-SAFETY) 0 15.60 -- 1 16.38 -- 2 17.20 -- 3 18.06 -- 4 18.96 -- 6081 ACE ENGINEERING TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 Page 293 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 21 of 71 6071 ACE ENGINEERING TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 41.30 3,304.25 1 43.37 3,469.46 2 45.54 3,642.94 3 47.81 3,825.09 4 50.20 4,016.34 6542 ACE EQUIPMENT MECHANIC 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 6544 UCHR EQUIPMENT MECHANIC 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- Page 294 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 22 of 71 6361 ACE EQUIPMENT OPERATOR 0 29.45 2,356.09 1 30.92 2,473.89 2 32.47 2,597.58 3 34.09 2,727.46 4 35.80 2,863.83 0187 CONF EXECUTIVE SECRETARY 0 33.54 2,682.89 1 35.21 2,817.03 2 36.97 2,957.87 3 38.82 3,105.77 4 40.76 3,261.05 5270 CONF FA ACCOUNTING TECHNICIAN 0 28.37 2,269.69 1 29.79 2,383.17 2 31.28 2,502.33 3 32.84 2,627.45 4 34.49 2,758.82 5297 CONF FA ADMINSTRATIVE ANALYST I 0 31.16 2,492.93 1 32.72 2,617.60 2 34.36 2,748.45 3 36.07 2,885.88 4 37.88 3,030.17 5296 CONF FA ADMINSTRATIVE ANALYST II 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 5277 CONF FA ANALYST 0 23.81 1,905.01 1 25.00 2,000.26 2 26.25 2,100.28 3 27.57 2,205.29 4 28.94 2,315.56 5455 MMUC FA CYBER SECURITY PROG MGR 0 46.54 3,723.28 1 48.87 3,909.43 2 51.31 4,104.90 3 53.88 4,310.14 4 56.57 4,525.65 Page 295 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 23 of 71 5465 SM FA DEPUTY DIRECTOR OF LECC 0 51.27 4,101.82 1 53.84 4,306.91 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 62.08 4,966.14 1 -- -- 2 -- -- 3 -- -- 4 75.45 6,036.37 5274 SM FA DIRECTOR OF SD LECC 0 69.54 5,563.33 1 -- -- 2 -- -- 3 -- -- 4 84.53 6,762.27 5286 CONF FA EXECUTIVE ASSISTANT 0 30.51 2,440.67 1 32.03 2,562.71 2 33.64 2,690.85 3 35.32 2,825.38 4 37.08 2,966.66 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 5493 MMUC FA FINANCE MANAGER 0 57.39 4,591.00 1 60.26 4,820.55 2 63.27 5,061.58 3 66.43 5,314.66 4 69.75 5,580.39 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 44.38 3,550.45 1 46.60 3,727.98 2 48.93 3,914.38 3 51.38 4,110.10 4 53.95 4,315.60 Page 296 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 24 of 71 5289 CONF FA GRAPHIC DESIGNER/WEBMASTER 0 35.46 2,836.61 1 37.23 2,978.45 2 39.09 3,127.38 3 41.05 3,283.74 4 43.10 3,447.94 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 51.77 4,141.63 1 54.36 4,348.71 2 57.08 4,566.12 3 59.93 4,794.44 4 62.93 5,034.17 5485 CONF FA INTEL ANLYT 0 32.23 2,578.74 1 33.85 2,707.68 2 35.54 2,843.07 3 37.32 2,985.21 4 39.18 3,134.49 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 60.41 4,832.84 1 -- -- 2 -- -- 3 -- -- 4 73.43 5,874.35 5440 MMUC FA LECC INFO TECH MANAGER 0 47.34 3,787.15 1 49.71 3,976.50 2 52.19 4,175.34 3 54.80 4,384.09 4 57.54 4,603.30 5278 CONF FA MANAGEMENT ASSISTANT 0 29.06 2,324.46 1 30.51 2,440.67 2 32.03 2,562.72 3 33.64 2,690.86 4 35.32 2,825.39 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 38.49 3,079.20 1 40.41 3,233.15 2 42.44 3,394.80 3 44.56 3,564.55 4 46.78 3,742.77 Page 297 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 25 of 71 5292 PRUC FA NETWORK ADMINISTRATOR I 0 38.74 3,098.84 1 40.67 3,253.79 2 42.71 3,416.48 3 44.84 3,587.30 4 47.08 3,766.68 5294 PRUC FA NETWORK ADMINISTRATOR II 0 42.61 3,408.74 1 44.74 3,579.18 2 46.98 3,758.14 3 49.33 3,946.05 4 51.79 4,143.35 5457 PRUC FA NETWORK ADMINISTRATOR III 0 44.88 3,590.29 1 47.12 3,769.81 2 49.48 3,958.28 3 51.95 4,156.20 4 54.55 4,364.02 5444 PRUC FA PROGRAM ANALYST 0 45.92 3,673.56 1 48.22 3,857.24 2 50.63 4,050.11 3 53.16 4,252.61 4 55.82 4,465.25 5451 CONF FA PROGRAM ASSISTANT 0 23.21 1,856.81 1 24.37 1,949.64 2 25.59 2,047.14 3 26.87 2,149.50 4 28.21 2,256.96 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 33.40 2,671.81 1 35.07 2,805.40 2 36.82 2,945.67 3 38.66 3,092.96 4 40.59 3,247.59 5445 SM FA PROGRAM MANAGER 0 51.27 4,101.82 1 53.91 4,312.51 2 56.53 4,522.26 3 59.35 4,748.36 4 62.32 4,985.80 Page 298 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 26 of 71 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 48.15 3,851.67 1 50.55 4,044.25 2 53.08 4,246.45 3 55.73 4,458.79 4 58.52 4,681.73 5284 CONF FA RCFL NETWORK ENGINEER 0 37.41 2,992.56 1 39.28 3,142.18 2 41.24 3,299.30 3 43.30 3,464.26 4 45.47 3,637.47 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 35.98 2,878.77 1 37.78 3,022.70 2 39.67 3,173.85 3 41.66 3,332.53 4 43.74 3,499.16 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 37.90 3,031.63 1 39.79 3,183.23 2 41.78 3,342.39 3 43.87 3,509.50 4 46.06 3,684.97 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 27.61 2,209.13 1 28.99 2,319.58 2 30.44 2,435.57 3 31.97 2,557.35 4 33.57 2,685.22 5477 CONF FA SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.63 2 26.32 2,105.90 3 27.64 2,211.21 4 29.02 2,321.76 5489 PRUC FA SUP INTEL ANALYST I 0 41.69 3,334.81 1 43.77 3,501.55 2 45.96 3,676.62 3 48.26 3,860.46 4 50.67 4,053.48 Page 299 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 27 of 71 5487 PRUC FA SUP INTEL ANALYST II 0 47.94 3,835.03 1 50.33 4,026.78 2 52.85 4,228.12 3 55.49 4,439.53 4 58.27 4,661.50 4051 SM FAC FINANCE MANAGER 0 49.72 3,977.41 1 -- -- 2 -- -- 3 -- -- 4 60.43 4,834.56 6425 MM FACILITIES MANAGER 0 47.04 3,763.50 1 49.40 3,951.67 2 51.87 4,149.26 3 54.46 4,356.73 4 57.18 4,574.57 7471 ACE FIELD MAINTENANCE SPECIALIST 0 22.46 1,796.83 1 23.58 1,886.67 2 24.76 1,981.00 3 26.00 2,080.06 4 27.30 2,184.06 3623 SM FINANCE MGR 0 56.57 4,525.50 1 -- -- 2 -- -- 3 -- -- 4 68.76 5,500.78 3624 SM FINANCE MGR (CPA) 0 62.23 4,978.05 1 -- -- 2 69.33 5,546.16 3 72.79 5,823.47 4 75.64 6,050.86 6521 ACE FIRE APPARATUS MECHANIC (T) 0 34.39 2,751.50 1 36.11 2,889.07 2 37.92 3,033.53 3 39.82 3,185.21 4 41.81 3,344.47 Page 300 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 28 of 71 5511 IAFF FIRE BATTALION CHIEF - A 0 41.63 4,662.44 1 43.71 4,895.58 2 45.90 5,140.35 3 48.19 5,397.37 4 50.60 5,667.23 5513 IAFF FIRE BATTALION CHIEF - C 0 58.28 4,662.44 1 61.19 4,895.57 2 64.25 5,140.35 3 67.47 5,397.36 4 70.84 5,667.23 5584 UCHR FIRE CAPT - C (HOURLY) 0 47.06 -- 1 49.41 -- 2 51.88 -- 3 54.47 -- 4 57.20 -- 5583 IAFF FIRE CAPTAIN - A 0 33.61 3,764.52 1 35.29 3,952.74 2 37.06 4,150.38 3 38.91 4,357.90 4 40.86 4,575.78 5582 IAFF FIRE CAPTAIN - B 0 44.82 3,764.52 1 47.06 3,952.73 2 49.41 4,150.37 3 51.88 4,357.89 4 54.47 4,575.78 5581 IAFF FIRE CAPTAIN - C 0 47.06 3,764.52 1 49.41 3,952.73 2 51.88 4,150.37 3 54.47 4,357.89 4 57.20 4,575.78 5501 EXEC FIRE CHIEF 0 92.50 7,399.82 1 -- -- 2 109.64 8,771.27 3 -- -- 4 112.43 8,994.11 Page 301 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 29 of 71 5507 MMUC FIRE DIVISION CHIEF 0 66.76 5,340.63 1 70.10 5,607.65 2 73.60 5,888.04 3 77.28 6,182.43 4 81.14 6,491.56 5603 IAFF FIRE ENGINEER - A 0 29.20 3,269.91 1 30.66 3,433.40 2 32.19 3,605.08 3 33.80 3,785.33 4 35.49 3,974.59 5601 IAFF FIRE ENGINEER - C 0 40.87 3,269.92 1 42.92 3,433.40 2 45.06 3,605.08 3 47.32 3,785.33 4 49.68 3,974.60 5536 UCHR FIRE INSPECTOR 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 33.73 2,698.75 1 35.42 2,833.69 2 37.19 2,975.38 3 39.05 3,124.15 4 41.00 3,280.36 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 37.11 2,968.62 1 38.96 3,117.05 2 40.91 3,272.90 3 42.96 3,436.54 4 45.10 3,608.37 Page 302 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 30 of 71 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 37.11 -- 1 38.96 -- 2 40.91 -- 3 42.96 -- 4 45.10 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 44.76 3,580.51 1 46.99 3,759.54 2 49.34 3,947.51 3 51.81 4,144.89 4 54.40 4,352.13 5537 ACE FIRE PREVENTION SPECIALIST 0 26.27 2,101.24 1 27.58 2,206.30 2 28.96 2,316.62 3 30.41 2,432.46 4 32.00 2,560.19 5625 ACE FIRE RECRUIT 0 24.99 1,998.81 1 26.23 2,098.75 2 27.55 2,203.69 3 28.92 2,313.87 4 30.37 2,429.57 5623 IAFF FIREFIGHTER - A 0 24.21 2,712.04 1 25.43 2,847.64 2 26.70 2,990.02 3 28.03 3,139.53 4 29.43 3,296.48 Page 303 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 31 of 71 5621 IAFF FIREFIGHTER - C 0 33.90 2,712.04 1 35.60 2,847.64 2 37.38 2,990.02 3 39.24 3,139.52 4 41.21 3,296.50 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 27.85 3,118.84 1 29.24 3,274.79 2 30.70 3,438.53 3 32.24 3,610.45 4 33.85 3,790.96 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 37.13 3,118.84 1 38.99 3,274.79 2 40.93 3,438.53 3 42.98 3,610.44 4 45.13 3,790.98 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 38.99 3,118.85 1 40.93 3,274.79 2 42.98 3,438.53 3 45.13 3,610.44 4 47.39 3,790.98 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 3627 MMCF FISCAL DEBT MGMT ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 0169 ACE FISCAL OFFICE SPECIALIST 0 20.72 1,657.55 1 21.76 1,740.44 2 22.84 1,827.45 3 23.99 1,918.81 4 25.18 2,014.76 Page 304 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 32 of 71 0170 UCHR FISCAL OFFICE SPECIALIST 0 20.72 -- 1 21.76 -- 2 22.84 -- 3 23.99 -- 4 25.18 -- 6513 ACE FLEET INVENTORY CONTROL SPEC 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 6501 MM FLEET MANAGER 0 45.88 3,670.67 1 48.18 3,854.20 2 50.59 4,046.91 3 53.12 4,249.26 4 55.77 4,461.71 6507 ACE FLEET SUPERVISOR 0 37.00 2,960.05 1 38.85 3,108.05 2 40.79 3,263.46 3 42.83 3,426.63 4 44.97 3,597.96 5114 ACE FORENSICS SPECIALIST 0 32.86 2,628.62 1 34.50 2,760.05 2 36.23 2,898.09 3 38.04 3,042.97 4 39.94 3,195.12 6629 UCHR GARDENER (SEASONAL) 0 18.19 -- 1 19.10 -- 2 20.06 -- 3 21.06 -- 4 22.11 -- 3075 ACE GIS ANALYST 0 33.42 2,673.78 1 35.09 2,807.47 2 36.85 2,947.84 3 38.69 3,095.23 4 40.63 3,250.00 Page 305 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 33 of 71 3079 MM GIS MANAGER 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 3077 ACE GIS TECHNICIAN 0 28.48 2,278.26 1 29.90 2,392.17 2 31.40 2,511.78 3 32.97 2,637.37 4 34.62 2,769.24 2775 ACE GRAPHIC DESIGNER 0 29.31 2,344.98 1 30.78 2,462.22 2 32.32 2,585.33 3 33.93 2,714.61 4 35.63 2,850.32 4321 MM HOMELESS SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4311 MM HOUSING MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 3310 PRCF HUMAN RESOURCES ANALYST 0 36.85 2,948.03 1 38.69 3,095.43 2 40.63 3,250.21 3 42.66 3,412.72 4 44.79 3,583.35 3312 UCHR HUMAN RESOURCES ANALYST 0 36.85 -- 1 38.69 -- 2 40.63 -- 3 42.66 -- 4 44.79 -- Page 306 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 34 of 71 3331 SM HUMAN RESOURCES MANAGER 0 60.21 4,817.18 1 -- -- 2 -- -- 3 -- -- 4 73.19 5,855.08 3332 UCHR HUMAN RESOURCES MANAGER 0 60.21 -- 1 -- -- 2 -- -- 3 -- -- 4 73.19 -- 3314 UCHR HUMAN RESOURCES TECHNICIAN 0 26.69 -- 1 28.02 -- 2 29.42 -- 3 30.89 -- 4 32.44 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 26.69 2,135.03 1 28.02 2,241.79 2 29.42 2,353.87 3 30.89 2,471.56 4 32.44 2,595.15 6430 ACE HVAC TECHNICIAN 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5104 SM INFO TECHNOLOGY MANAGER 0 57.88 4,630.03 1 -- -- 2 62.69 5,015.54 3 -- -- 4 69.45 5,556.25 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 56.92 4,553.28 1 -- -- 2 -- -- 3 -- -- 4 69.18 5,534.54 Page 307 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 35 of 71 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 48.57 3,885.47 1 51.00 4,079.73 2 53.55 4,283.72 3 56.22 4,497.90 4 59.04 4,722.80 3014 PROF INFO TECHNOLOGY SPECIALIST (T) 0 38.49 3,079.21 1 40.41 3,233.16 2 42.44 3,394.82 3 44.56 3,564.56 4 46.78 3,742.79 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 28.76 2,300.58 1 30.20 2,415.62 2 31.70 2,536.39 3 33.29 2,663.21 4 34.95 2,796.37 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 28.76 -- 1 30.20 -- 2 31.71 -- 3 33.29 -- 4 34.95 -- 0269 UCHR INTERN - GRADUATE 0 17.05 -- 1 17.90 -- 2 18.80 -- 3 19.74 -- 4 20.72 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4480 PROF LANDSCAPE ARCHITECT 0 41.94 3,355.21 1 44.04 3,522.97 2 46.24 3,699.12 3 48.55 3,884.07 4 50.98 4,078.28 Page 308 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 36 of 71 6291 ACE LANDSCAPE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 4482 ACE LANDSCAPE PLANNER I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4483 ACE LANDSCAPE PLANNER II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5111 ACE LATENT PRINT EXAMINER 0 37.79 3,022.93 1 39.68 3,174.09 2 41.66 3,332.78 3 43.74 3,499.43 4 45.93 3,674.38 5112 UCHR LATENT PRINT EXAMINER 0 37.79 -- 1 39.68 -- 2 41.66 -- 3 43.74 -- 4 45.93 -- 2465 MMUC LAW OFFICE MANAGER 0 38.56 3,085.14 1 40.49 3,239.41 2 42.52 3,401.37 3 44.64 3,571.46 4 46.88 3,750.03 6663 ACE LEAD CUSTODIAN 0 22.31 1,784.92 1 23.43 1,874.16 2 24.60 1,967.88 3 25.83 2,066.27 4 27.12 2,169.58 Page 309 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 37 of 71 0183 CONF LEGAL ASSISTANT 0 27.99 2,239.22 1 29.39 2,351.18 2 30.86 2,468.75 3 32.40 2,592.17 4 34.02 2,721.78 7075 ACE LIBRARIAN I 0 28.21 2,256.69 1 29.62 2,369.52 2 31.10 2,488.00 3 32.66 2,612.40 4 34.29 2,743.02 7076 UCHR LIBRARIAN I 0 28.21 -- 1 29.62 -- 2 31.10 -- 3 32.66 -- 4 34.29 -- 7073 ACE LIBRARIAN II 0 31.03 2,482.35 1 32.58 2,606.48 2 34.21 2,736.80 3 35.92 2,873.64 4 37.72 3,017.32 7074 UCHR LIBRARIAN II 0 31.03 -- 1 32.58 -- 2 34.21 -- 3 35.92 -- 4 37.72 -- 7071 ACE LIBRARIAN III 0 34.13 2,730.59 1 35.84 2,867.13 2 37.63 3,010.48 3 39.51 3,161.00 4 41.49 3,319.06 7181 UCHR LIBRARY AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- Page 310 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 38 of 71 7157 ACE LIBRARY ASSISTANT 0 19.12 1,529.28 1 20.07 1,605.76 2 21.08 1,686.03 3 22.13 1,770.33 4 23.24 1,858.86 7091 ACE LIBRARY ASSOCIATE 0 24.16 1,932.84 1 25.37 2,029.48 2 26.64 2,130.96 3 27.97 2,237.51 4 29.37 2,349.40 7092 UCHR LIBRARY ASSOCIATE 0 24.16 -- 1 25.37 -- 2 26.64 -- 3 27.97 -- 4 29.37 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 7029 MM LIBRARY OPERATIONS MANAGER 0 52.46 4,196.60 1 55.08 4,406.44 2 57.83 4,626.75 3 60.73 4,858.09 4 63.76 5,100.99 7121 ACE LIBRARY TECHNICIAN 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 7587 UCHR LIFEGUARD I 0 16.27 -- 1 17.09 -- 2 17.94 -- 3 18.84 -- 4 19.78 -- Page 311 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 39 of 71 7585 UCHR LIFEGUARD II 0 17.90 -- 1 18.80 -- 2 19.74 -- 3 20.72 -- 4 21.76 -- 6443 ACE LOCKSMITH 0 27.93 2,234.20 1 29.32 2,345.90 2 30.79 2,463.20 3 32.33 2,586.36 4 33.95 2,715.69 6377 ACE MAINTENANCE WORKER I 0 20.99 1,679.22 1 22.04 1,763.18 2 23.14 1,851.34 3 24.30 1,943.91 4 25.51 2,041.10 6379 UCHR MAINTENANCE WORKER I 0 20.99 -- 1 22.04 -- 2 23.14 -- 3 24.30 -- 4 25.51 -- 6373 ACE MAINTENANCE WORKER II 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 0228 CONF MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 0229 ACE MANAGEMENT ANALYST I 0 31.75 2,540.11 1 33.34 2,667.11 2 35.01 2,800.47 3 36.76 2,940.50 4 38.59 3,087.51 Page 312 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 40 of 71 0224 CONF MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 0227 ACE MANAGEMENT ANALYST II 0 34.93 2,794.12 1 36.67 2,933.83 2 38.51 3,080.50 3 40.43 3,234.53 4 42.45 3,396.25 2781 SM MARKETING & COMMUNICATIONS MGR 0 60.41 4,832.76 1 -- -- 2 62.11 4,969.08 3 -- -- 4 73.43 5,874.25 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 73.35 5,868.27 6550 ACE MECHANIC ASSISTANT 0 22.53 1,802.27 1 23.65 1,892.38 2 24.84 1,987.00 3 26.08 2,086.35 4 27.38 2,190.66 5571 PROF MULTIMEDIA DESIGNER 0 34.59 2,766.88 1 36.32 2,905.23 2 38.13 3,050.49 3 40.04 3,203.01 4 42.04 3,363.16 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 28.22 2,257.24 1 29.63 2,370.10 2 31.11 2,488.61 3 32.66 2,613.04 4 34.30 2,743.69 Page 313 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 41 of 71 0160 UCHR OFFICE SPECIALIST 0 19.73 -- 1 20.72 -- 2 21.76 -- 3 22.84 -- 4 23.98 -- 0161 ACE OFFICE SPECIALIST 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 0162 ACE OFFICE SPECIALIST-MAYOR 0 19.73 1,578.59 1 20.72 1,657.52 2 21.76 1,740.41 3 22.84 1,827.42 4 23.98 1,918.78 6311 ACE OPEN SPACE INSPECTOR 0 35.20 2,816.37 1 36.96 2,957.19 2 38.81 3,105.05 3 40.75 3,260.31 4 42.79 3,423.32 6302 MM OPEN SPACE MANAGER 0 44.47 3,557.98 1 46.70 3,735.88 2 49.03 3,922.68 3 51.49 4,118.81 4 54.06 4,324.76 3025 MM OPERATIONS AND TELECOMM MGR 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 6434 ACE PAINTER 0 26.66 2,132.66 1 27.99 2,239.28 2 29.39 2,351.24 3 30.86 2,468.82 4 32.40 2,592.25 Page 314 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 42 of 71 2475 CONF PARALEGAL 0 30.04 2,403.02 1 31.54 2,523.16 2 33.12 2,649.33 3 34.77 2,781.80 4 36.51 2,920.88 2476 UCHR PARALEGAL 0 30.04 -- 1 31.54 -- 2 33.12 -- 3 34.77 -- 4 36.51 -- 5655 NIAF PARAMEDIC (NON-SAFETY) 0 18.72 1 19.66 2 20.64 3 21.67 4 22.75 5656 UCHR PARAMEDIC (NS/HRLY) 0 18.72 -- 1 19.66 -- 2 20.64 -- 3 21.67 -- 4 22.75 -- 7434 UCHR PARK RANGER 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 7441 ACE PARK RANGER SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 Page 315 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 43 of 71 5152 UCHR PARKING ENFORCEMENT OFFICER 0 21.24 -- 1 22.30 -- 2 23.42 -- 3 24.59 -- 4 25.82 -- 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.24 1,699.41 1 22.30 1,784.38 2 23.42 1,873.60 3 24.59 1,967.27 4 25.82 2,065.64 3693 ACE PARKING METER TECHNICIAN 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 7407 SM PARKS & RECREATION ADM 0 60.46 4,837.00 1 63.49 5,078.84 2 66.66 5,332.79 3 69.99 5,599.42 4 73.49 5,879.39 6619 ACE PARKS MAINT WORKER I 0 21.02 1,681.52 1 22.07 1,765.59 2 23.17 1,853.87 3 24.33 1,946.57 4 25.55 2,043.90 6617 ACE PARKS MAINT WORKER II 0 23.12 1,849.67 1 24.28 1,942.15 2 25.49 2,039.27 3 26.77 2,141.22 4 28.10 2,248.28 6604 MM PARKS MANAGER 0 44.48 3,558.24 1 46.70 3,736.15 2 49.04 3,922.95 3 51.49 4,119.10 4 54.06 4,325.04 Page 316 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 44 of 71 6605 ACE PARKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 3665 CONF PAYROLL SPECIALIST 0 28.16 2,252.44 1 29.56 2,365.06 2 31.04 2,483.31 3 32.59 2,607.48 4 34.22 2,737.85 3663 CONF PAYROLL SUPERVISOR 0 33.32 2,665.99 1 34.99 2,799.30 2 36.74 2,939.26 3 38.58 3,086.22 4 40.51 3,240.54 5061 POA PEACE OFFICER 0 42.17 3,373.65 1 44.28 3,542.32 2 46.49 3,719.44 3 48.82 3,905.41 4 51.26 4,100.68 4731 MM PLAN CHECK SUPERVISOR 0 51.37 4,109.43 1 53.94 4,314.89 2 56.63 4,530.64 3 59.46 4,757.17 4 62.44 4,995.01 4753 ACE PLAN CHECK TECHNICIAN 0 30.61 2,449.02 1 32.14 2,571.47 2 33.75 2,700.04 3 35.44 2,835.05 4 37.21 2,976.80 4727 SM PLANNING MANAGER 0 63.92 5,113.63 1 -- -- 2 68.97 5,517.68 3 72.42 5,793.56 4 77.11 6,169.01 Page 317 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 45 of 71 4527 ACE PLANNING TECHNICIAN 0 25.15 2,012.24 1 26.41 2,112.83 2 27.73 2,218.47 3 29.12 2,329.40 4 30.57 2,445.87 6432 ACE PLUMBER 0 29.89 2,391.39 1 31.39 2,510.96 2 32.96 2,636.51 3 34.60 2,768.33 4 36.33 2,906.76 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 58.71 4,696.90 1 -- -- 2 -- -- 3 -- -- 4 71.36 5,708.92 5051 POA POLICE AGENT 0 46.44 3,714.92 1 48.76 3,900.67 2 51.20 4,095.70 3 53.76 4,300.47 4 56.44 4,515.49 5022 SM POLICE CAPTAIN 0 80.90 6,472.10 1 -- -- 2 -- -- 3 -- -- 4 98.33 7,866.56 5258 ACE POLICE COMM RELATIONS SPEC 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 5185 MM POLICE COMMUNICATIONS SYS MGR 0 54.57 4,365.61 1 57.30 4,583.89 2 60.16 4,813.09 3 63.17 5,053.74 4 66.33 5,306.43 Page 318 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 46 of 71 5187 UCHR POLICE DISPATCH CALLTAKER 0 23.88 -- 1 25.08 -- 2 26.33 -- 3 27.65 -- 4 29.03 -- 5180 UCHR POLICE DISPATCHER 0 32.85 -- 1 34.49 -- 2 36.21 -- 3 38.02 -- 4 39.92 -- 5181 ACE POLICE DISPATCHER 0 32.85 2,627.63 1 34.49 2,759.02 2 36.21 2,896.97 3 38.02 3,041.81 4 39.92 3,193.89 5183 ACE POLICE DISPATCHER SUPERVISOR 0 38.65 3,092.39 1 40.59 3,247.01 2 42.62 3,409.36 3 44.75 3,579.83 4 46.99 3,758.82 5179 ACE POLICE DISPATCHER TRAINEE 0 29.86 2,388.76 1 31.35 2,508.20 2 32.92 2,633.60 3 34.57 2,765.28 4 36.29 2,903.54 5191 ACE POLICE FACILITY & SUPPLY COORD 0 27.42 2,193.64 1 28.79 2,303.32 2 30.23 2,418.48 3 31.74 2,539.39 4 33.33 2,666.38 5031 POA POLICE LIEUTENANT 0 64.10 5,128.31 1 67.31 5,384.72 2 70.67 5,653.96 3 74.21 5,936.67 4 77.92 6,233.50 Page 319 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 47 of 71 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 26.60 2,127.95 1 27.93 2,234.35 2 29.33 2,346.07 3 30.79 2,463.37 4 32.33 2,586.54 0165 ACE POLICE RECORDS SPECIALIST 0 20.11 1,609.04 1 21.12 1,689.49 2 22.17 1,773.96 3 23.28 1,862.66 4 24.45 1,955.80 0166 UCHR POLICE RECORDS SPECIALIST 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.45 -- 5071 ACE POLICE RECRUIT 0 31.93 2,554.55 1 33.53 2,682.26 2 35.20 2,816.37 3 36.96 2,957.19 4 38.81 3,105.05 5041 POA POLICE SERGEANT 0 53.42 4,273.27 1 56.09 4,486.94 2 58.89 4,711.29 3 61.84 4,946.84 4 64.93 5,194.19 5415 ACE POLICE SERVICES TECHNICIAN 0 25.33 2,026.01 1 26.59 2,127.31 2 27.92 2,233.69 3 29.32 2,345.36 4 30.78 2,462.64 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- Page 320 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 48 of 71 5205 MM POLICE SUPPORT SERVICES MGR 0 45.53 3,642.34 1 47.81 3,824.46 2 50.20 4,015.68 3 52.71 4,216.46 4 55.34 4,427.28 5209 MM POLICE TECHNOLOGY MANAGER 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 40.04 3,202.98 1 42.04 3,363.13 2 44.14 3,531.29 3 46.35 3,707.84 4 48.67 3,893.24 2013 PRUC POLICY AIDE 0 30.83 2,466.66 1 32.37 2,589.99 2 33.99 2,719.48 3 35.69 2,855.46 4 37.48 2,998.24 3629 MMCF PRINCIPAL ACCOUNTANT 0 45.13 3,610.64 1 47.39 3,791.17 2 49.76 3,980.72 3 52.25 4,179.76 4 54.86 4,388.74 6021 MM PRINCIPAL CIVIL ENGINEER 0 62.34 4,987.32 1 65.46 5,236.69 2 68.73 5,498.52 3 72.17 5,773.46 4 75.78 6,062.13 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 Page 321 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 49 of 71 2724 PROF PRINCIPAL ECON DEV SPECIALIST 0 47.50 3,800.10 1 49.88 3,990.11 2 52.37 4,189.61 3 54.99 4,399.09 4 57.74 4,619.04 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 52.43 4,194.39 1 55.05 4,404.12 2 57.80 4,624.32 3 60.69 4,855.54 4 63.73 5,098.31 7051 MM PRINCIPAL LIBRARIAN 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 4431 MM PRINCIPAL PLANNER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 Page 322 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 50 of 71 7410 MM PRINCIPAL RECREATION MANAGER 0 45.86 3,668.49 1 48.15 3,851.91 2 50.56 4,044.50 3 53.08 4,246.73 4 55.74 4,459.07 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 62.34 4,987.32 1 65.46 5,236.69 2 68.73 5,498.52 3 72.17 5,773.46 4 75.78 6,062.13 3717 MM PROCUREMENT SERVICES ANALYST 0 45.15 3,611.84 1 47.41 3,792.43 2 49.78 3,982.05 3 52.26 4,181.15 4 54.88 4,390.21 3721 ACE PROCUREMENT SPECIALIST 0 31.12 2,489.40 1 32.67 2,613.85 2 34.31 2,744.53 3 36.02 2,881.78 4 37.82 3,025.86 3090 PROF PROGRAMMER ANALYST 0 40.65 3,252.31 1 42.69 3,414.92 2 44.82 3,585.68 3 47.06 3,764.96 4 49.42 3,953.20 4217 ACE PROJECT COORDINATOR I 0 33.31 2,665.16 1 34.98 2,798.42 2 36.73 2,938.34 3 38.57 3,085.26 4 40.49 3,239.52 4218 UCHR PROJECT COORDINATOR I 0 33.31 -- 1 34.98 -- 2 36.73 -- 3 38.57 -- 4 40.49 -- Page 323 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 51 of 71 4215 ACE PROJECT COORDINATOR II 0 36.65 2,931.67 1 38.48 3,078.26 2 40.40 3,232.18 3 42.42 3,393.78 4 44.54 3,563.47 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.25 1,779.83 1 23.36 1,868.82 2 24.53 1,962.27 3 25.75 2,060.38 4 27.04 2,163.40 5128 UCHR PROPERTY & EVIDENCE SPECIALIST 0 22.25 -- 1 23.36 -- 2 24.53 -- 3 25.75 -- 4 27.04 -- 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 29.42 2,353.82 1 30.89 2,471.52 2 32.44 2,595.09 3 34.06 2,724.85 4 35.76 2,861.09 2782 CONF PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 2783 ACE PUBLIC INFORMATION SPECIALIST 0 31.32 2,505.96 1 32.89 2,631.28 2 34.54 2,762.82 3 36.26 2,900.97 4 38.08 3,046.02 5254 ACE PUBLIC SAFETY ANALYST 0 34.28 2,742.22 1 35.99 2,879.33 2 37.79 3,023.30 3 39.68 3,174.48 4 41.66 3,333.19 Page 324 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 52 of 71 5256 UCHR PUBLIC SAFETY ANALYST 0 34.28 -- 1 35.99 -- 2 37.79 -- 3 39.68 -- 4 41.66 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.00 2,560.35 1 33.60 2,688.35 2 35.28 2,822.78 3 37.05 2,963.91 4 38.90 3,112.11 6121 ACE PUBLIC WORKS INSPECTOR II 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6336 MM PUBLIC WORKS MANAGER 0 46.74 3,739.43 1 49.08 3,926.40 2 51.53 4,122.72 3 54.11 4,328.86 4 56.82 4,545.30 6712 ACE PUBLIC WORKS SPECIALIST 0 25.51 2,040.85 1 26.79 2,142.88 2 28.13 2,250.02 3 29.53 2,362.52 4 31.01 2,480.67 6327 SM PUBLIC WORKS SUPERINTENDENT 0 58.78 4,702.35 1 61.72 4,937.46 2 64.80 5,184.34 3 68.04 5,443.55 4 71.45 5,715.74 6337 ACE PUBLIC WORKS SUPERVISOR 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 Page 325 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 53 of 71 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 34.57 2,765.93 1 36.30 2,904.24 2 38.12 3,049.44 3 40.02 3,201.91 4 42.03 3,362.01 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.06 2,405.16 1 31.57 2,525.42 2 33.15 2,651.68 3 34.80 2,784.26 4 36.54 2,923.48 5417 ACE RANGE MASTER 0 25.70 2,056.28 1 26.99 2,159.10 2 28.34 2,267.05 3 29.76 2,380.40 4 31.24 2,499.43 5418 UCHR RANGE MASTER 0 25.70 -- 1 26.99 -- 2 28.34 -- 3 29.76 -- 4 31.24 -- 2211 MM RECORDS MANAGER 0 36.26 2,900.49 1 38.07 3,045.53 2 39.97 3,197.79 3 41.97 3,357.70 4 44.07 3,525.57 2217 ACE RECORDS SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 7605 UCHR RECREATION AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- Page 326 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 54 of 71 7603 UCHR RECREATION LEADER 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7601 UCHR RECREATION SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 7425 ACE RECREATION SUPERVISOR I 0 25.88 2,070.77 1 27.18 2,174.30 2 28.54 2,283.03 3 29.96 2,397.17 4 31.46 2,517.03 7426 UCHR RECREATION SUPERVISOR I 0 25.88 -- 1 27.18 -- 2 28.54 -- 3 29.96 -- 4 31.46 -- 7423 ACE RECREATION SUPERVISOR II 0 28.47 2,277.84 1 29.90 2,391.74 2 31.39 2,511.32 3 32.96 2,636.89 4 34.61 2,768.74 7422 ACE RECREATION SUPERVISOR III 0 32.74 2,619.52 1 34.38 2,750.50 2 36.10 2,888.03 3 37.91 3,032.42 4 39.80 3,184.04 2742 ACE RECYCLING SPECIALIST I 0 25.27 2,021.74 1 26.54 2,122.83 2 27.86 2,228.98 3 29.26 2,340.41 4 30.72 2,457.44 Page 327 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 55 of 71 2744 ACE RECYCLING SPECIALIST II 0 27.80 2,223.92 1 29.19 2,335.13 2 30.65 2,451.87 3 32.18 2,574.47 4 33.79 2,703.19 5307 ACE REGISTERED VETERINARY TECH 0 24.13 1,930.56 1 25.34 2,027.09 2 26.61 2,128.45 3 27.94 2,234.88 4 29.33 2,346.63 5312 UCHR REGISTERED VETERINARY TECH 0 24.13 -- 1 25.34 -- 2 26.61 -- 3 27.94 -- 4 29.33 -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- 3689 SM REVENUE MANAGER 0 56.57 4,525.50 1 59.40 4,751.77 2 62.37 4,989.36 3 65.49 5,238.83 4 68.76 5,500.78 3367 PRCF RISK MANAGEMENT SPECIALIST 0 38.48 3,078.08 1 40.40 3,231.98 2 42.42 3,393.59 3 44.54 3,563.27 4 46.77 3,741.43 0231 UCHR SEASONAL ASSISTANT 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- Page 328 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 56 of 71 0171 ACE SECRETARY 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 3630 MMCF SENIOR ACCOUNTANT 0 40.66 3,252.61 1 42.69 3,415.24 2 44.82 3,585.99 3 47.07 3,765.30 4 49.42 3,953.56 3632 UCHR SENIOR ACCOUNTANT 0 40.66 -- 1 42.69 -- 2 44.82 -- 3 47.07 -- 4 49.42 -- 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 0185 ACE SENIOR ADMIN SECRETARY 0 30.49 2,438.99 1 32.01 2,560.93 2 33.61 2,688.99 3 35.29 2,823.41 4 37.06 2,964.59 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.13 1,850.12 1 24.28 1,942.63 2 25.50 2,039.76 3 26.77 2,141.75 4 28.11 2,248.83 3089 PROF SENIOR APPLICATION SUPP SPEC 0 45.04 3,602.83 1 47.29 3,782.98 2 49.65 3,972.12 3 52.13 4,170.74 4 54.74 4,379.27 Page 329 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 57 of 71 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 83.12 6,649.90 1 87.28 6,982.40 2 91.64 7,331.52 3 96.23 7,698.10 4 101.04 8,083.00 4781 ACE SENIOR BUILDING INSPECTOR 0 40.49 3,238.81 1 42.51 3,400.76 2 44.64 3,570.80 3 46.87 3,749.34 4 49.21 3,936.79 4507 ACE SENIOR BUSINESS LICENSE REP 0 25.79 2,063.34 1 27.08 2,166.50 2 28.44 2,274.84 3 29.86 2,388.60 4 31.35 2,508.02 6019 WCE SENIOR CIVIL ENGINEER 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 38.68 3,094.59 1 40.62 3,249.31 2 42.65 3,411.79 3 44.78 3,582.36 4 47.02 3,761.49 6204 ACE SENIOR CONSERVATION SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 2025 UCHR SENIOR COUNCIL ASSISTANT 0 28.66 -- 1 30.10 -- 2 31.60 -- 3 33.18 -- 4 34.84 -- Page 330 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 58 of 71 2027 CONF SENIOR COUNCIL ASSISTANT 0 23.80 1,903.84 1 24.99 1,999.03 2 26.24 2,098.98 3 27.55 2,203.92 4 28.93 2,314.13 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 6442 ACE SENIOR ELECTRICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 37.81 3,025.12 1 39.70 3,176.37 2 41.69 3,335.19 3 43.77 3,501.95 4 45.96 3,677.04 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 6512 ACE SENIOR EQUIPMENT MECHANIC 0 33.07 2,645.68 1 34.72 2,777.96 2 36.46 2,916.85 3 38.28 3,062.69 4 40.20 3,215.83 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 43.11 3,448.41 1 45.26 3,620.82 2 47.52 3,801.87 3 49.90 3,991.97 4 52.39 4,191.55 Page 331 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 59 of 71 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 22.79 1,823.29 1 23.93 1,914.46 2 25.13 2,010.19 3 26.38 2,110.69 4 27.70 2,216.23 0176 UCHR SENIOR FISCAL OFFICE SPECIALST 0 22.79 -- 1 23.93 -- 2 25.13 -- 3 26.38 -- 4 27.70 -- 3073 ACE SENIOR GIS ANALYST 0 36.76 2,941.15 1 38.60 3,088.21 2 40.53 3,242.62 3 42.56 3,404.75 4 44.69 3,574.99 2764 PROF SENIOR GRAPHIC DESIGNER 0 37.91 3,032.45 1 39.80 3,184.07 2 41.79 3,343.28 3 43.88 3,510.44 4 46.07 3,685.95 3308 PRCF SENIOR HR ANALYST 0 42.38 3,390.24 1 44.50 3,559.75 2 46.72 3,737.74 3 49.06 3,924.62 4 51.51 4,120.86 3313 UCHR SENIOR HR ANALYST 0 42.38 -- 1 44.50 -- 2 46.72 -- 3 49.06 -- 4 51.51 -- 3316 CONF SENIOR HR TECHNICIAN 0 30.69 2,455.28 1 32.23 2,578.05 2 33.84 2,706.96 3 35.53 2,842.30 4 37.31 2,984.42 Page 332 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 60 of 71 6441 ACE SENIOR HVAC TECHNICIAN 0 34.38 2,750.10 1 36.10 2,887.61 2 37.90 3,031.99 3 39.79 3,183.58 4 41.78 3,342.76 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 39.79 3,182.82 1 41.77 3,341.96 2 43.86 3,509.06 3 46.06 3,684.51 4 48.36 3,868.73 3031 PROF SENIOR ITS/POL SPEC II (T) 0 43.84 3,507.35 1 46.03 3,682.72 2 48.34 3,866.86 3 50.75 4,060.20 4 53.29 4,263.21 6285 WCE SENIOR LAND SURVEYOR 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 5110 ACE SENIOR LATENT PRINT EXAMINER 0 43.45 3,476.36 1 45.63 3,650.19 2 47.91 3,832.69 3 50.30 4,024.34 4 52.82 4,225.54 2463 CONF SENIOR LEGAL ASSISTANT 0 30.79 2,463.14 1 32.33 2,586.28 2 33.95 2,715.60 3 35.64 2,851.38 4 37.42 2,993.96 Page 333 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 61 of 71 7053 MM SENIOR LIBRARIAN 0 36.38 2,910.37 1 38.20 3,055.89 2 40.11 3,208.69 3 42.11 3,369.12 4 44.22 3,537.57 7589 UCHR SENIOR LIFEGUARD 0 19.69 -- 1 20.67 -- 2 21.71 -- 3 22.79 -- 4 23.93 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 0206 PROF SENIOR MANAGEMENT ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 0226 PRCF SENIOR MANAGEMENT ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 3051 PROF SENIOR NETWORK ENGINEER 0 53.48 4,278.50 1 56.16 4,492.44 2 58.96 4,717.06 3 61.91 4,952.91 4 65.01 5,200.55 0173 ACE SENIOR OFFICE SPECIALIST 0 21.71 1,736.48 1 22.79 1,823.30 2 23.93 1,914.47 3 25.13 2,010.20 4 26.38 2,110.69 Page 334 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 62 of 71 0174 UCHR SENIOR OFFICE SPECIALIST 0 21.71 -- 1 22.79 -- 2 23.93 -- 3 25.13 -- 4 26.38 -- 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 40.49 3,238.83 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.81 7439 ACE SENIOR PARK RANGER 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 23.37 1,869.35 1 24.54 1,962.82 2 25.76 2,060.96 3 27.05 2,164.00 4 28.40 2,272.20 6615 ACE SENIOR PARKS MAINT WORKER 0 27.75 2,219.60 1 29.13 2,330.59 2 30.59 2,447.11 3 32.12 2,569.47 4 33.72 2,697.94 4746 WCE SENIOR PLAN CHECK ENGINEER 0 49.22 3,937.23 1 51.68 4,134.09 2 54.26 4,340.79 3 56.97 4,557.84 4 59.82 4,785.73 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 35.20 2,816.36 1 36.96 2,957.18 2 38.81 3,105.03 3 40.75 3,260.31 4 42.79 3,423.31 Page 335 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 63 of 71 4432 PROF SENIOR PLANNER 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 4434 UCHR SENIOR PLANNER 0 45.92 -- 1 48.21 -- 2 50.62 -- 3 53.15 -- 4 55.81 -- 4529 ACE SENIOR PLANNING TECHNICIAN 0 28.93 2,314.05 1 30.37 2,429.76 2 31.89 2,551.25 3 33.49 2,678.81 4 35.16 2,812.76 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.13 1,850.39 1 24.29 1,942.92 2 25.50 2,040.06 3 26.78 2,142.06 4 28.11 2,249.16 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.13 -- 1 24.29 -- 2 25.50 -- 3 26.78 -- 4 28.11 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 36.36 2,909.16 1 38.18 3,054.62 2 40.09 3,207.35 3 42.10 3,367.72 4 44.20 3,536.11 3091 PROF SENIOR PROGRAMMER ANALYST 0 46.35 3,707.71 1 48.66 3,893.11 2 51.10 4,087.76 3 53.65 4,292.15 4 56.33 4,506.75 Page 336 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 64 of 71 4214 PROF SENIOR PROJECT COORDINATOR 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 25.59 2,046.80 1 26.86 2,149.15 2 28.21 2,256.61 3 29.62 2,369.43 4 31.10 2,487.90 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 43.37 -- 1 45.54 -- 2 47.81 -- 3 50.20 -- 4 52.71 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 40.49 3,238.82 1 42.51 3,400.77 2 44.64 3,570.81 3 46.87 3,749.35 4 49.21 3,936.80 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 2215 ACE SENIOR RECORDS SPECIALIST 0 24.96 1,996.95 1 26.21 2,096.79 2 27.52 2,201.63 3 28.90 2,311.72 4 30.34 2,427.30 Page 337 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 65 of 71 2746 ACE SENIOR RECYCLING SPECIALIST 0 31.97 2,557.53 1 33.57 2,685.41 2 35.25 2,819.67 3 37.01 2,960.65 4 38.86 3,108.69 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 44.25 3,539.80 1 46.46 3,716.79 2 48.78 3,902.62 3 51.22 4,097.76 4 53.78 4,302.65 0177 ACE SENIOR SECRETARY 0 23.88 1,910.12 1 25.07 2,005.64 2 26.32 2,105.91 3 27.64 2,211.22 4 29.02 2,321.78 6573 ACE SENIOR TREE TRIMMER 0 30.52 2,441.56 1 32.05 2,563.65 2 33.65 2,691.82 3 35.33 2,826.42 4 37.10 2,967.74 2779 PROF SENIOR WEBMASTER 0 38.04 3,043.57 1 39.95 3,195.73 2 41.94 3,355.53 3 44.04 3,523.31 4 46.24 3,699.48 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 36.79 2,943.50 1 38.63 3,090.66 2 40.57 3,245.20 3 42.59 3,407.47 4 44.72 3,577.83 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 40.47 3,237.84 1 42.50 3,399.74 2 44.62 3,569.71 3 46.85 3,748.20 4 49.20 3,935.61 Page 338 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 66 of 71 6355 ACE SIGNING AND STRIPING SUPV 0 34.01 2,720.57 1 35.71 2,856.59 2 37.49 2,999.43 3 39.37 3,149.40 4 41.34 3,306.87 2751 SM SPECIAL PROJECTS MGR 0 49.72 3,977.42 1 50.98 4,078.27 2 53.53 4,282.18 3 56.20 4,496.29 4 60.43 4,834.56 3734 ACE STOREKEEPER 0 23.09 1,847.14 1 24.24 1,939.50 2 25.46 2,036.47 3 26.73 2,138.30 4 28.07 2,245.21 3732 ACE STOREKEEPER SUPERVISOR 0 27.71 2,216.57 1 29.09 2,327.40 2 30.55 2,443.77 3 32.07 2,565.96 4 33.68 2,694.26 6127 ACE STORMWATER COMPLNCE INSP I 0 29.87 2,389.36 1 31.36 2,508.83 2 32.93 2,634.27 3 34.57 2,765.99 4 36.30 2,904.29 6125 ACE STORMWATER COMPLNCE INSP II 0 32.85 2,628.30 1 34.50 2,759.71 2 36.22 2,897.70 3 38.03 3,042.59 4 39.93 3,194.71 6137 ACE STORMWATER ENV SPECIALIST I 0 33.46 2,676.71 1 35.13 2,810.56 2 36.89 2,951.08 3 38.73 3,098.64 4 40.67 3,253.58 Page 339 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 67 of 71 6135 ACE STORMWATER ENV SPECIALIST II 0 36.81 2,944.40 1 38.65 3,091.62 2 40.58 3,246.20 3 42.61 3,408.49 4 44.74 3,578.94 6131 MM STORMWATER PROGRAM MANAGER 0 50.67 4,053.85 1 53.21 4,256.54 2 55.87 4,469.36 3 58.66 4,692.84 4 61.59 4,927.48 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 49.87 3,989.91 1 52.37 4,189.42 2 54.99 4,398.88 3 57.74 4,618.83 4 60.62 4,849.76 6151 ACE SURVEY TECHNICIAN I 0 27.83 2,226.37 1 29.22 2,337.69 2 30.68 2,454.57 3 32.22 2,577.31 4 33.83 2,706.18 6141 ACE SURVEY TECHNICIAN II 0 30.61 2,449.01 1 32.14 2,571.46 2 33.75 2,700.03 3 35.44 2,835.03 4 37.21 2,976.79 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 42.34 3,386.83 1 44.45 3,556.18 2 46.67 3,733.98 3 49.01 3,920.69 4 51.46 4,116.71 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 25.76 2,060.45 1 27.04 2,163.47 2 28.40 2,271.64 3 29.82 2,385.22 4 31.31 2,504.49 Page 340 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 68 of 71 7503 UCHR TINY TOT AIDE 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7505 UCHR TINY TOT SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 29.32 2,345.97 1 30.79 2,463.27 2 32.33 2,586.43 3 33.95 2,715.75 4 35.64 2,851.54 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 32.26 2,580.57 1 33.87 2,709.59 2 35.56 2,845.08 3 37.34 2,987.31 4 39.21 3,136.69 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 37.10 2,967.65 1 38.95 3,116.04 2 40.90 3,271.83 3 42.94 3,435.43 4 45.09 3,607.18 Page 341 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 69 of 71 5262 ACE TRAINING PROGRAM SPECIALIST 0 26.87 2,149.75 1 28.22 2,257.24 2 29.63 2,370.10 3 31.11 2,488.61 4 32.66 2,613.04 6031 WCE TRANSPORTATION ENGR W CERT 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 6033 WCE TRANSPORTATION ENGR W/O CERT 0 50.57 4,045.64 1 53.10 4,247.92 2 55.75 4,460.32 3 58.54 4,683.33 4 61.47 4,917.50 6575 ACE TREE TRIMMER 0 25.43 2,034.63 1 26.70 2,136.37 2 28.04 2,243.18 3 29.44 2,355.34 4 30.91 2,473.11 6572 ACE TREE TRIMMER SUPERVISOR 0 35.10 2,807.79 1 36.85 2,948.19 2 38.70 3,095.60 3 40.63 3,250.38 4 42.66 3,412.90 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 5322 UCHR VETERINARIAN (PERMITTED) 0 66.13 -- 1 69.44 -- 2 72.91 -- 3 76.56 -- 4 80.39 -- Page 342 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 70 of 71 5331 PROF VETERINARIAN (PERMITTED) 0 60.50 4,840.26 1 63.53 5,082.26 2 66.70 5,336.39 3 70.04 5,603.21 4 73.54 5,883.36 5335 PROF VETERINARIAN I 0 42.97 3,437.68 1 45.12 3,609.57 2 47.38 3,790.04 3 49.74 3,979.54 4 52.23 4,178.52 5333 PROF VETERINARIAN II 0 49.42 3,953.33 1 51.89 4,150.98 2 54.48 4,358.54 3 57.21 4,576.46 4 60.07 4,805.29 5334 UCHR VETERINARIAN II 0 49.42 -- 1 51.89 -- 2 54.48 -- 3 57.21 -- 4 60.07 -- 5323 UCHR VETERINARY ASSISTANT 0 20.11 -- 1 21.12 -- 2 22.17 -- 3 23.28 -- 4 24.44 -- 5325 ACE VETERINARY ASSISTANT 0 20.11 1,608.82 1 21.12 1,689.25 2 22.17 1,773.71 3 23.28 1,862.41 4 24.44 1,955.52 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 34.51 2,760.67 1 36.23 2,898.71 2 38.05 3,043.64 3 39.95 3,195.82 4 41.95 3,355.62 Page 343 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year 2022-2023 Compensation Schedule Effective March 10, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E Period rate shown is based on an 80‐hour per pay period, with exception of sworn Fire positions with an A or B designation. Approved and Adopted: Resolution No. Page 71 of 71 7131 ACE VOLUNTEER COORDINATOR 0 21.98 1,758.68 1 23.08 1,846.62 2 24.24 1,938.96 3 25.45 2,035.90 4 26.72 2,137.69 2777 ACE WEBMASTER 0 33.09 2,647.10 1 34.74 2,779.45 2 36.48 2,918.43 3 38.30 3,064.34 4 40.22 3,217.56 Revised July 12, 2022 (Effective July 1, 2022) August 9, 2022 (Effective August 12, 2022 | FA IVDC-LECC Executive Director salary effective January 1, 2022; Mayor, City Attorney and Councilperson salaries effective July 1, 2022) October 18, 2022 (Effective October 21, 2022) November 9, 2022 (Effective November 18, 2022) December 6, 2022 (Effective December 16, 2022) December 6, 2022 (Effective December 30, 2022) December 20, 2022 (Effective December 30, 2022 | Mayor, City Attorney and Councilperson salaries effective July 1, 2022) December 20, 2022 (Effective January 13, 2023) January 24, 2023 (Effective January 27, 2023) March 7, 2023 (Effective March 10, 2023) Page 344 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX EXHIBIT 1 OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as “700 Forms”) with the Fair Political Practices Commission, as required by California Government Code §§87200 – 87210: Mayor City Councilmember City Manager City Attorney Director of Finance/City Treasurer Planning Commission Member Candidate for Elective Office In addition, each official falling within any of the above-listed categories, except “Candidates for Elective Office,” is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Where “Full Disclosure” is indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Title ................................................................................................ Disclosure Category Administrative Services Manager .......................................................................................... 1, 2, 5 Animal Care Facility Manager............................................................................................ 1, 3, 6,7 Assistant Chief of Police ......................................................................................... Full Disclosure Assistant City Attorney Series Senior Assistant City Attorney ................................................................... Full Disclosure Assistant City Attorney ............................................................................... Full Disclosure Assistant City Clerk ............................................................................................................... 1, 2, 6 Assistant City Manager ........................................................................................... Full Disclosure Assistant Director of Development Services ..................................................................... 1, 2, 6, 7 Page 345 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Assistant Director of Engineering .......................................................................................... 1, 2, 5 Assistant Director of Finance.................................................................................. Full Disclosure Assistant Director of Human Resources ................................................................................ 1, 3, 5 Assistant Director of Public Works ....................................................................................... 1, 2, 5 Assistant Director of Recreation ........................................................................................ 1, 2, 6, 7 Benefits Manager ........................................................................................................................... 5 Budget & Analysis Manager ................................................................................... Full Disclosure Building Inspection Manager ......................................................................................................... 3 Building Inspector Series Senior Building Inspector .............................................................................................. 3, 4 Building Inspector (all levels) ............................................................................................ 3 Building Official ........................................................................................................................ 1, 2 Building Official/Code Enforcement Manager .......................................................................... 1, 2 Building Project Manager ...................................................................................................... 3, 4, 5 Building Services Manager .................................................................................................... 1, 2, 5 Building Services Supervisor ......................................................................................................... 6 Chief of Police ........................................................................................................ Full Disclosure Chief of Staff........................................................................................................... Full Disclosure Chief Sustainability Officer ............................................................................................... 1, 2, 6, 7 City Attorney Investigator ...................................................................................... Full Disclosure City Clerk ............................................................................................................................... 1, 2, 6 City Clerk Analyst (excluding hourly) .......................................................................................... 6 City Librarian ......................................................................................................................... 2, 6, 7 Civil Engineer Series Principal Civil Engineer ............................................................................................. 3, 4, 5 Senior Civil Engineer ................................................................................................. 3, 4, 5 Associate Civil Engineer.................................................................................................... 3 Code Enforcement Series Senior Code Enforcement Officer ................................................................................. 3, 4 Code Enforcement Officer (all levels) ............................................................................... 3 Collections Supervisor ................................................................................................................... 3 Page 346 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX Communication/Special Events Coordinator ............................................................................. 5, 7 Community Engagement Specialist ........................................................................................... 5, 6 Constituent Services Manager ................................................................................ Full Disclosure Construction & Repair Supervisor ................................................................................................. 6 Council Assistant Series Senior Council Assistant ............................................................................. Full Disclosure Council Assistant ........................................................................................ Full Disclosure Deputy City Attorney (all levels) ............................................................................ Full Disclosure Deputy City Manager .............................................................................................. Full Disclosure Deputy Fire Chief .................................................................................................................. 1, 2, 6 Development Automation Specialist ..................................................................................... 3, 4, 5 Development Project Manager .......................................................................................... 1, 2, 6, 7 Development Services Counter Manager .................................................................................. 3, 4 Director of Animal Services .............................................................................................. 1, 3, 6, 7 Director of Development Services ..................................................................................... 1, 2, 6, 7 Director of Community Services ............................................................................ Full Disclosure Director of Economic Development .................................................................................. 1, 2, 6, 7 Director of Engineering/City Engineer .............................................................................. 1, 2, 6, 7 Director of Housing & Homeless Services ............................................................. Full Disclosure Director of Human Resources/Risk Management ................................................................. 1, 3, 5 Director of Information Technology Services ............................................................................... 6 Director of Public Works ....................................................................................................... 1, 2, 5 Economic Development Specialist Series Principal Economic Development Specialist ............................................................. 1, 2, 7 Senior Economic Development Specialist ................................................................. 1, 2, 7 Economic Development Manager ...................................................................................... 1, 2, 6, 7 Emergency Services Manager ........................................................................................................ 5 Engineer Series Associate Engineer......................................................................................................... 3, 4 Assistant Engineer ......................................................................................................... 3, 4 Fire Inventory Specialist ................................................................................................................ 6 Environmental Services Manager .......................................................................................... 3, 6, 7 Page 347 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX Environmental Sustainability Manager.................................................................................. 3, 6, 7 Facilities Financing Manager ............................................................................................. 1, 2, 6, 7 Facilities Manager .......................................................................................................................... 5 Finance Manager (including with CPA) ................................................................. Full Disclosure Fire Battalion Chief (all designations) ........................................................................................... 6 Fire Captain (C only; including hourly; excluding when assigned to the academy) ..................... 6 Fire Chief ............................................................................................................................... 1, 2, 6 Fire Division Chief ................................................................................................................ 1, 2, 6 Fire Inspector/Investigator Series Senior Fire Inspector/Investigator .................................................................................. 3, 4 Fire Inspector/Investigator (all levels) ........................................................................... 3, 4 Fire Prevention Engineer/Investigator ....................................................................................... 3, 4 Fire Prevention Aide ...................................................................................................................... 3 Fire Prevention Specialist .......................................................................................................... 3, 4 Fiscal and Management Analyst .................................................................................................... 5 Fiscal Debt Management Analyst .................................................................................................. 5 Fleet Inventory Control Specialist ................................................................................................. 5 Fleet Manager ................................................................................................................................ 5 Fleet Supervisor ............................................................................................................................. 5 Homeless Solutions Manager ............................................................................................ 1, 2, 6, 7 Housing Manager ............................................................................................................... 1, 2, 6, 7 Human Resources Manager ....................................................................................................... 5, 7 Information Technology Manager ................................................................................................. 6 Information Technology Project Manager ..................................................................................... 6 Land Surveyor Series Associate Land Surveyor ............................................................................................... 3, 4 Senior Land Surveyor .................................................................................................... 4, 5 Landscape Architect Series Principal Landscape Architect ....................................................................................... 1, 2 Senior Landscape Inspector ........................................................................................... 3, 4 Landscape Architect....................................................................................................... 3, 4 Landscape Planner (all levels) ................................................................................................... 3, 4 Page 348 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX Law Office Manager ...................................................................................................................... 6 Librarian Series Principal Librarian ......................................................................................................... 6, 7 Senior Librarian ............................................................................................................. 6, 7 Librarian III (excluding hourly) ......................................................................................... 6 Library Digital Services Manager .................................................................................................. 6 Management Analyst Series Principal Management Analyst (when assigned to Housing & Public Works) ......... 3, 5, 7 Principal Management Analyst (all assignments unless otherwise noted) .................... 3, 5 Senior Management Analyst (all assignments unless otherwise noted) ........................ 5, 7 Senior Management Analyst (when assigned to Finance and Parks & Recreation) .......... 5 Management Analyst (all levels, assigned to Finance, Fire, Development Services, & Police) ................................................................................................................................ 5 Management Analyst (all levels, all assignments unless otherwise noted) ....................... 6 Marketing and Communications Manager................................................................................. 3, 5 Open Space Inspector Series Senior Open Space Inspector ......................................................................................... 3, 5 Open Space Inspector .................................................................................................... 3, 5 Open Space Manager ................................................................................................................. 3, 5 Park Ranger Program Manager ................................................................................................. 3, 5 Park Ranger Series Senior Park Ranger ............................................................................................................ 3 Park Ranger (excluding hourly) ........................................................................................ 3 Park Ranger Supervisor ................................................................................................................. 3 Parks and Recreation Administrator ....................................................................... Full Disclosure Parks Manager ....................................................................................................................... 3, 4, 5 Plan Check Engineer Series Senior Plan Check Engineer .......................................................................................... 3, 4 Assistant Plan Check Engineer ...................................................................................... 1, 2 Associate Plan Check Engineer ..................................................................................... 1, 2 Plan Check Supervisor ............................................................................................................... 1, 2 Page 349 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX Planner Series Principal Planner ............................................................................................................ 1, 2 Senior Planner ................................................................................................................ 1, 2 Assistant Planner ............................................................................................................ 3, 4 Associate Planner ........................................................................................................... 3, 4 Planning Manager ...................................................................................................................... 1, 2 Police Administrative Services Administrator........................................................ Full Disclosure Police Captain ......................................................................................................... Full Disclosure Police Facility and Supply Coordinator ......................................................................................... 6 Police Technology Manager ...................................................................................................... 3, 6 Policy Aide.............................................................................................................. Full Disclosure Principal Accountant ...................................................................................................................... 5 Principal Recreation Manager........................................................................................................ 6 Principal Traffic Engineer ...................................................................................................... 3, 4, 5 Procurement Services Analyst ................................................................................ Full Disclosure Procurement Specialist Series Senior Procurement Specialist .................................................................... Full Disclosure Procurement Specialist....................................................................................................... 5 Project Coordinator Series Principal Project Coordinator .................................................................................... 1, 2, 7 Senior Project Coordinator ........................................................................................ 1, 2, 7 Project Coordinator (all levels) ...................................................................................... 2, 7 Public Works Inspector Series Senior Public Works Inspector .................................................................................. 3, 4, 5 Public Works Inspector (all levels) ............................................................................ 3, 4, 5 Public Works Manager .......................................................................................................... 1, 2, 5 Public Works Superintendent ................................................................................................ 1, 2, 5 Public Works Supervisor ....................................................................................................... 1, 2, 5 Purchasing Agent .................................................................................................... Full Disclosure Revenue Manager ................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist .............................................................................. 1, 2 Page 350 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX Risk Management Specialist .......................................................................................... 1, 2 Risk Manager ............................................................................................................................. 1, 2 Senior Electronics Technician ....................................................................................................... 5 Senior Graphic Designer ................................................................................................................ 5 Senior Land Surveyor ................................................................................................................ 4, 5 Senior Public Works Inspector .............................................................................................. 3, 4, 5 Senior Risk Management Specialist .......................................................................................... 1, 2 Smart Technology Officer ......................................................................................................... 3, 6 Special Events Manager .......................................................................................... Full Disclosure Special Projects Manager ........................................................................................ Full Disclosure Stormwater Compliance Inspector II ............................................................................................. 3 Stormwater Environmental Specialist (all levels).......................................................................... 3 Stormwater Program Manager ............................................................................................... 3, 4, 5 Supervising Public Safety Analyst............................................................................................. 3, 6 Traffic Signal & Lighting Supervisor .................................................................................... 3, 4, 5 Transportation Engineer (with Cert. and without Cert.) ........................................................ 3, 4, 5 Veterinarian (Permitted, all levels, except hourly) ........................................................................ 6 Boards and Commissions Member: Board of Appeals and Advisors Member....................................................................... 2, 5 Board of Ethics Member ................................................................................................ 1, 2 Civil Service Commission Member ................................................................................... 3 Charter Review Commission Member....................................................................... 1, 2, 5 Redistricting Commission Member ........................................................................... 1, 2, 5 Growth Management Oversight Commission Member ................................................. 2, 4 Historic Preservation Commission Member .................................................................. 1, 2 Mobilehome Rent Review Commission Member.......................................................... 1, 2 Consultants/Newly Created Positions* ................................................................... Full Disclosure Hearing Officers...................................................................................................... Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by Page 351 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD/2023, Resolution No. 2023-XXX which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City’s determinations are public record. Page 352 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT (1) THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN POSITIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN DEPARTMENTS WHEREAS, Civil Service Rule 1.02.A., which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s Classification Plan is kept current, and that changes in existing classes, the establishment of new classes, and the abolition of classes are properly reflected in the Classification Plan; and WHEREAS, in an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, salary adjustments for certain positions and corresponding amendments to the City's Classification Plan, Compensation Schedule, and authorized departmental position counts; and WHEREAS, a summary of the new and updated classifications and the E-Step salaries are as follows: Position Title Employee Group E Step Salary Assistant City Attorney Senior Management $8,083.00 bi-weekly Building Official Senior Management $6,493.24 bi-weekly Deputy City Attorney I Professional, Unclassified $5,925.00 bi-weekly Deputy City Attorney II Professional, Unclassified $6,517.52 bi-weekly Deputy City Attorney III Professional, Unclassified $7,169.28 bi-weekly Economic Development Manager Senior Management $6,407.08 bi-weekly Police Communications Systems Manager Mid-Manager $5,306.43 bi-weekly Police Dispatch Calltaker Unclassified, Hourly $29.03 per hour Police Dispatcher ACE $3,193.89 bi-weekly Police Dispatcher Supervisor ACE $3,758.82 bi-weekly Police Dispatcher Trainee ACE $2,903.54 bi-weekly Senior Assistant City Attorney Senior Management $8,083.00 bi-weekly NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves amendments to the Compensation Schedule and Classification Plan to reflect the changes described above. Page 353 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2022-2023 authorized departmental position counts: Department Position Title FTE General Fund Economic Development Director of Economic Development (Frozen) -1.00 Economic Development Manager 1.00 Finance Management Analyst II -1.00 Collections Supervisor 1.00 Public Works Secretary -1.00 Senior Fiscal Office Specialist 1.00 General Fund Total 0.00 Presented by Approved as to Form INTERIM ACTING CITY ATTORNEY Lounsberry Ferguson Altona & Peak LLP By: Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Page 354 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2022-2023 COMPENSATION SCHEDULE EFFECTIVE MARCH 10, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws; and WHEREAS, the Fiscal Year 2022-2023 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of January 24, 2023; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, the revised Fiscal Year 2022-2023 Compensation Schedule effective March 10, 2023, reflects (1) the addition of the Building Official and the Economic Development Manager position titles and (2) the adjusted salaries for the Assistant City Attorney, Deputy City Attorney I, Deputy City Attorney II, Deputy City Attorney III, Police Communications Systems Manager, Police Dispatch Calltaker, Police Dispatcher, Police Dispatcher Supervisor, Police Dispatcher Trainee and Senior Assistant City Attorney position titles. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2022-2023 Compensation Schedule effective March 10, 2023, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects (1) the addition of the Building Official and the Economic Development Manager position titles and (2) the adjusted salaries for the Assistant City Attorney, Deputy City Attorney I, Deputy City Attorney II, Deputy City Attorney III, Police Communications Systems Manager, Police Dispatch Calltaker, Police Dispatcher, Police Dispatcher Supervisor, Police Dispatcher Trainee and Senior Assistant City Attorney position titles, necessitating amendment to the Fiscal Year 2022-2023 Compensation Schedule. Presented by Approved as to Form INTERIM ACTING CITY ATTORNEY Lounsberry Ferguson Altona & Peak LLP By: Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Page 355 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act (California Government Code sections 87100 through 91014), requires certain officials and candidates to file Statements of Economic Interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission; and WHEREAS, the ordinance requires that the City Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code periodically to determine if amendments are necessary; and WHEREAS, the City Attorney and the City Clerk have reviewed the Code and its appendix, consulted with Department Directors and determined that amendments to the appendix of the Code are necessary; and WHEREAS, the City Council desires that all City employees who are required to file Form 700 under the City’s Conflict of Interest Code be designated as Local Agency Officials, as defined in Government Code §53234(c)(2), thereby requiring them to participate in the ethics training mandated by AB 1234; and WHEREAS, the list of officials, candidates, and designated employees (“designated filers”) of the City of Chula Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official, candidate, or designated employee is required to file, was presented to the City Council and is attached hereto as Exhibit 1 and made a part of this resolution. Page 356 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby modifies the appendix to the local Conflict of Interest Code to amend the list of designated filers and associated disclosure categories, in the form presented and as reflected in Exhibit 1 to this resolution, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Presented by Approved as to Form INTERIM ACTING CITY ATTORNEY Lounsberry Ferguson Altona & Peak LLP By: Kerry K. Bigelow, MMC City Clerk (printed name) Page 357 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ORDINANCE NO. _______ ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF BUILDING OFFICIAL AND ECONOMIC DEVELOPMENT MANAGER (FIRST READING) (4/5 VOTE REQUIRED) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, the Building Official and Economic Development Manager positions, given their duties and responsibilities, are unclassified management positions, within the meaning of Charter Section 701; and WHEREAS, Chula Vista City Charter Section 500(D) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official, Building Official/Code Enforcement Manager, Chief Information Security Officer, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Project Manager, Development Services Department Director, Director of Animal Services, Director of Community Services, Director of Conservation and Environmental Services, Director of Economic Development, Economic Development Manager, Emergency Services Manager, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Cyber Security Program Manager, FA Deputy Director LECC, FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Network Administrator III, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, Page 358 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Ordinance No. Page No. 2 FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks and Recreation Administrator, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Special Projects Manager and Traffic Engineer. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to Form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Page 359 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Measure A Expenditure Plan and Appropriation: Amend the Measure A Public Safety Expenditure Plan to Fund Vehicles, Drone as First Responder Contractual Costs, and Counseling Services for the Police Department and Appropriate Funds Accordingly Report Number: 23-0036 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 amended Measure A Public Safety Expenditure Plan to fund vehicles, Drone as First Responder contractual costs, and counseling services for the Police Department, and amending the Fiscal Year 2023 expenditure budget for the Measure A Sales Tax Fund. (4/5 Vote Required) SUMMARY To date, Measure A has provided funding for a total of 41 sworn and 35.52 civilian full time equivalent (FTE) positions in the Police Department. Specifically, Measure A funds have allowed the Police Department to add 41 full-time sworn positions, 26 full-time civilian positions, and 20 hourly civilian positions (9.52 FTE). As a result of additional police staffing funded by Measure A, the Police Department is requesting to purchase additional police vehicles, expand Drone as First Responder (DFR) operations, and obtain counseling services to promote officer/employee wellness. 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 360 of 957 City of Chula Vista City Council March 7, 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 During its regular meeting held on January 12, 2023, the Measure A Citizens’ Oversight Committee (COC) recommended City Council approval of funding vehicles, Drone as First Responder contractual costs and counseling services for the Police Department in fiscal year 2022/2023, based on available fund balance in the Measure A Sales Tax Fund. The COC voted unanimously in favor of Measure A funding for these three proposed expenses. DISCUSSION With the successful passage of the Measure A Sales Tax, staff is continuing to implement the Public Safety Expenditure Plan (PSEP). To date, Measure A has provided funding for a total of 41 full-time sworn, 26 full- time civilian and 20 hourly civilian positions (9.52 FTE) in the Police Department, as outlined in the chart below. Figure 1. Police Department Public Safety Expenditure Plan as of 11/8/2022 Position FY19 FY20 FY21 FY22 FY23 Total POLICE CAPTAIN 1.0 1.0 POLICE LIEUTENANT 1.0 1.0 POLICE SERGEANT 3.0 3.0 1.0 7.0 POLICE AGENT 1.0 2.0 3.0 2.0 8.0 PEACE OFFICER 4.0 6.0 14.0 24.0 SWORN FTE TOTAL 5.0 11.0 21.0 4.0 0.0 41.0 CIVILIAN BACKGROUND INVESTIGATOR 1.0 1.0 COMMUNITY SERVICES OFFICER 2.0 2.0 4.0 COMMUNITY SERVICES OFFICER (HOURLY) 9.52 9.52 DIGITAL FORENSICS TECHNICIAN II 2.0 2.0 FORENSICS SPECIALIST 1.0 1.0 INFORMATION TECHNOLOGY TECHNICIAN 1.0 1.0 COMMUNICATIONS CENTER MANAGER 1.0 1.0 POLICE DISPATCHER 2.0 5.0 7.0 PROPERTY & EVIDENCE SPECIALIST 3.0 3.0 PROPERTY & EVIDENCE SUPERVISOR 1.0 1.0 PUBLIC INFORMATION SPECIALIST 1.0 1.0 SR. POLICE RECORDS SPECIALIST 3.0 3.0 SR. POLICE TECHNOLOGY SPECIALIST 1.0 1.0 CIVILIAN FTE TOTAL 4.0 10.0 2.0 8.0 11.52 35.52 POLICE DEPARTMENT TOTAL 9.0 21.0 23.0 12.0 11.52 76.52 Page 361 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 As of July 1, 2022, the Police Department has a fund balance of $21,622,808 in the Measure A PSEP. Current year Measure A revenues are estimated to total $13,949,737. The Police Department is requesting to purchase additional police vehicles, expand Drone as First Responder (DFR) nighttime operations, and obtain counseling services to promote officer/employee wellness using a combination of ongoing revenues and available fund balance. Shared Assigned Vehicle Proposal The Police Department currently has 44 vehicles assigned to Patrol Officers. Of these, 16 vehicles are currently out of service permanently or temporarily. This number of out-of-service vehicles fluctuates daily, but averages approximately 15. Consequently, 29 vehicles are available to cover 30-56 patrol shifts per day, plus any special details (concerts, enforcement operations, etc.). Most vehicles are used for multiple shifts per day, with the newest vehicles being used the most. In 2021, the total mileage for these vehicles was approximately 700,000 miles, which averages to 16,000 miles/year per vehicle and gives an expected life of 6.25 years for each vehicle. Vehicles are currently being assigned to a pool of officers in patrol. As such, there is reduced ownership and accountability for the condition of the vehicles, which accelerates the wear and tear of the vehicles. To address these concerns, the Police Department is proposing to purchase an additional 20 vehicles to expand the patrol fleet to 64 vehicles. Of those 64 vehicles, 45 vehicles would each be assigned to two officers from opposing shifts to share. The remaining 19 vehicles would be pooled for use when a shared vehicle is down for maintenance or when needed for overtime shifts. This proposed vehicle assignment program would reduce usage to 1 shift per day with the possible exception of overtime shifts. While there will be a cost for the initial purchase, we anticipate this purchase will result in future savings. Vehicle life based on annual fleet miles will be extended from 6.25 years to 9 years with the reduced usage. It is also expected that the vehicles will be better cared for as a result of an increased sense of ownership and accountability, resulting in lower maintenance costs. The Police Department believes that the shared assigned vehicle program will boost both morale and retention as officers will be able to drive nicer cars with a sense of ownership. There will also be a reduced need to load/unload gear bags and equipment, saving time at the start and end of shifts and improving employee safety by reducing risk of strain-related injuries from lifting heavy equipment into and out of vehicles on a daily basis. The Police Department actively seeks to be environmentally and fiscally responsible when making fleet purchases. We currently deploy 14 plug-in hybrid electric vehicles and 1 fully electric vehicle (“EV”) assigned to the investigations unit. An additional 9 EV’s are used by our Community Service Officers and Senior Volunteers. This program also addresses the largest obstacle to electric vehicles being used in patrol – the downtime needed to recharge. Level 2 chargers require up to 12 hours to fully charge an EV. In our current deployment, electric vehicles could not be used due to insufficient charging time. Vehicles are typically parked for no more than 8 hours between shifts, and often used for back-to-back shifts with officers from one shift being called into the station to hand over their vehicle to the oncoming shift. While there currently are no manufacturers selling pursuit-rated electric vehicles designed for police use, Ford has tested a prototype police Mach E EV and Chevrolet has reported plans to introduce an electric Blazer Page 362 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 for police use in the near future. With this plan reducing vehicle use to 1 shift per day, the pathway to an electric future would be paved, allowing the potential to begin replacing internal combustion patrol vehicles with EV’s when they become viable. The estimated cost to purchase and outfit 20 patrol vehicles totals $2,215,820, as outlined in Figure 2 below. Vehicle maintenance costs (estimated at $3,732 per vehicle per year) have been included in the Public Safety Expenditure Plan (PSEP) beginning in FY24 (on July 1, 2023). Additionally, vehicle replacement costs have been included in the PSEP. Figure 2. Purchasing and Outfitting Cost of Vehicles Description Cost Vehicle Purchase (Out-The-Door) $61,181 Vehicle Upfitting $32,745 Radio $7,893 Rifle/Less Lethal $3,350 Mobile Data Computer (MDC) $3,627 Ballistic Shields $1,995 Cost per Vehicle $110,791 COST OF 20 VEHICLES $2,215,820 Drone as First Responder (DFR) Nighttime Operations Over the past four years, the Police Department has become the national leader in deploying technological innovations. One of the most successful technology deployments is the innovative use of unmanned aerial systems as a part of its Drone as First Responder (“DFR”) program. The program has been operating since 2018 and is funded through Measure A funds and covers 2.0 Peace Officers to support daytime operations of the Drone as First Responder program; 1.0 Police Sergeant to supervise DFR operations; 1.0 Police Lieutenant for the day-to-day management of strategic operations such as DFR, continuous improvement, special projects, and other adjutant responsibilities; and contractual costs for the Pilot in Command (PIC), required to support daytime operations of the DFR program. CVPD’s Drone as First Responder program has demonstrated the ability to increase officer and community safety and reduce overall police response times. The DFR program currently only operates during daytime hours, and the Police Department is requesting to expand current DFR operations to include nighttime hours. The plan is to start nighttime DFR operations from two launch locations, t hree days a week, 10 hours a day, with the potential for future expansion of nighttime operations. Two nighttime launch sites would cover about one-third of the city and allow the Police Department to respond to approximately 70% of all emergency calls. Page 363 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 5 Figure 3. DFR Response Data, 2018-2023 (Daytime Operations) Contractual Costs for the Pilot in Command: Current FAA regulations and drone limitations require staffing a rooftop Pilot in Command (PIC) certified in drone operations at every launch location when the drone is operational. The current FAA regulations state that when a drone is in the air, the PIC is required to maintain control of the drone and ensure the safety of the flight with airspace awareness. Although a teleoperator can remotely control the drone and camera during daily operations, the teleoperator does not have airspace awareness for safe flight operations. Thus, the PIC maintains visibility of the airspace and complete control of the drone for emergencies. For nighttime DFR operations, the FAA requires an additional Pilot-in-Command on the rooftop to recognize and overcome visual illusions caused by darkness and other conditions that could degrade night vision. There would be two PICs per launch location during nighttime operations, and both will maintain their listed duties and responsibilities. Responsibilities of the PIC include: Ensure the safety of drone flights Setup and takedown of drone equipment Daily coordination with members of the Police Department Daily minor drone maintenance Diagnose errors or technical problems and determine proper solutions Document and communicate technical issues to CAPE engineers & DFR Program Manager or designee Transport and inventory equipment at all launch locations The Police Department uses a contract vendor to supply PIC services for each launching location, thus preserving our limited public safety staffing for their primary missions. Funding for contract services has been drawn from Measure A for DFR daytime operations. Page 364 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 6 With the expansion of the DFR program to nighttime operations, staff recommends allocating a dedicated budget for PIC contractor costs for a minimum of two launch locations during nighttime hours, thus freeing other department resources and ensuring the continued operations of the successful DFR program. Figure 4. Current DFR Operational Areas, All Locations (Nighttime DFR Operations, two launch locations) The annual PIC cost to expand to nighttime DFR operations at two launch locations is outlined in Figure 5 below. Drone Pilot In Command Night-Time Ops Annual Cost of 2 Locations 2 PICs at 30 hours/week (10-hour shift at 3 days/week) $322,608 Figure 5. Annual PIC nighttime costs for 2 launch locations If nighttime DFR operations are implemented in March 2023, the current fiscal year impact for the 4-month period of March to June 2023 is $107,536. Counseling Services The mental health and fortitude of public safety employees is important to being effective servants when seconds are critical, and when decisions can potentially have life-altering consequences. According to Dr. Black, the chief psychologist of the California Police Chiefs Association Wellness Committee, law enforcement employees respond to 188 critical incidents over their career. The average citizen experiences 5 to 10 critical incidents in their lifetime. A critical incident is a situation that overwhelms normal coping skills and resources. For first responders to perform, they rely on mental toughness and resilience. This reliance causes cumulative stress, which can lead to negative thoughts, poor performance, Page 365 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 7 tumultuous personal relationships, and sometimes mental health crises. The protective shield of mental toughness and resilience can also be a double-edged sword. It can add to the stigma that seeking mental health treatment is a sign of weakness and even viewed as jeopardizing their career. Although we currently have psychological services available to our employees, we have access to very few practitioners who are culturally competent and understand the rigors of this industry. Culturally skilled mental healthcare providers are invaluable for several reasons. They build trust amongst employees to use these psychological services proactively rather than reactively in response to a crisis or critical incident and hopefully eliminate the stigma associated with seeking treatment. With the inherent stress and trauma that comes with law enforcement work and impacts all first responders, the Police Department proposes providing confidential counseling services to its staff with Focus Psychological Services (“Focus”). They are well respected in the San Diego first responder community and offer psychological services to many first responder agencies in San Diego County, including the Chula Vista Fire Department. Focus Psychological Services offers confidential counseling services for a wide range of life problems. Services include: • Individual Counseling • Marriage Counseling • Child/Adolescent Counseling • Family/Stepfamily Counseling • Post Traumatic Incident Counseling • Habit Control • Alcohol/Substance Abuse Counseling • Stress Management • Anger Management • Treatment of Depression, Anxiety • Grief Resolution / Bereavement • Divorce Counseling Services that are beyond the scope of what Focus Psychological Services offers may be available through other sources such as the employee’s city-provided private medical insurance plans. If an employee needs a higher level of care, there would be a collaborative process between Focus and the Police Department’s peer support team to identify additional resources for the employee (such as a treatment facility, additional mental or emotional wellness services, or workers compensation program). Therapists at Focus are trained in a variety of therapeutic modalities, including EMDR (eye movement desensitization and reprocessing), psychodynamic, cognitive behavior therapy (CBT), family systems, as well as others. Eligible clients may utilize Focus Psychological Services for any counseling problem, whether or not it is job- related. All counseling services are strictly confidential. In order to maintain services that are strictly confidential and are also perceived by employees as confidential, no record of the specific employees that use the services shall be released to the City of Chula Vista. Employees are afforded unlimited visits unless it exceeds the scope of their care. Focus offers the following services to organizations: • Organizational Consultation Page 366 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 8 • Work-Group Problem Analysis & Intervention • Alternate Dispute Resolution • Supervisory Coaching Critical incident interventions assist in the healing and recovery from exposure to a psychologically traumatizing event. Critical incident interventions prevent delayed stress reactions, which may appear weeks, months, or even years after the incident. These reactions can seriously affect job performance and personal relations. Focus professionals are available 24 hours-a-day / 7 days-a-week to respond to critical incidents. Emergency contact can be initiated through the Department's Peer Support Team or by calling Focus directly. The cost to provide these counseling services to Police Department employees is $20,000 per year. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The chart below shows the net impact for Measure A in fiscal year 2022/2023 for the proposed costs. Beginning Police Department Funds Available $21,622,808 Category Current FY23 PSEP Police Vehicles DFR Night- Time Ops Counseling Services Updated FY23 PSEP 1/2 cent Sales Tax Revenue $13,949,737 $13,949,737 COPS Grant Funding $250,000 $250,000 Transfers In (COVID19 Stipend) $24,000 $24,000 REVENUE TOTAL $14,223,737 $0 $0 $0 $14,223,737 Personnel Services $10,686,743 $10,686,743 Drone Pilot In Command Contractual Costs $579,241 $107,536 $686,777 Computers and Other Equipment $100,000 $100,000 Supplies & Services $350,515 $20,000 $370,515 Police Vehicles $578,112 $2,215,820 $2,793,932 Dispatch Equipment $68,542 $68,542 City Staff Services $480,129 $480,129 Fleet Maintenance Charges $63,079 $63,079 Transfer Out (Pension Obligations) $1,111,363 $1,111,363 EXPENSE TOTAL $14,017,724 $2,215,820 $107,536 $20,000 $16,361,080 NET FISCAL IMPACT $206,013 ($2,215,820) ($107,536) ($20,000) ($2,137,343) Ending Police Department Available Funds $19,485,465 Page 367 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 9 The current fiscal year costs for 20 police vehicles, drone pilot-in-command contractual costs and counseling services are being funded through a combination of ongoing Police Department Measure A revenues and the available fund balance of the Police Department Measure A Fund. With these requested expenditures, the Measure A available fund balance for the Police Department is projected to total $19,485,465 as of June 30, 2023. ONGOING FISCAL IMPACT Ongoing Measure A revenues are projected to be sufficient to fund all authorized positions. Non-personnel expenditures will be funded through a combination of ongoing Measure A revenues and available fund balance. It is important to note that Measure A projected sales tax revenues fluctuate with the economy. The City will actively monitor revenue trends to determine if Measure A expenditures need to be reduced to avoid structural deficits or General Fund impacts. Should budgetary challenges arise due to unforeseen cost increases or sales tax revenue losses, City staff will reassess the PSEP to determine if non-personnel expenditures need to be curtailed, or positions need to be frozen or removed from the plan. Attachment 1 (Public Safety Expenditure Plan as of February 15, 2023) shows the amended Measure A PSEP, which includes the proposed positions and amendments highlighted in yellow. ATTACHMENTS Attachment 1: CVPD Measure A Public Safety Expenditure Plan as of February 15, 2023 Staff Contact: Assistant Chief Phil Collum, Police Department Page 368 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Proposed Public Safety Spending Plan Updated February 15, 2023 Est. One-half cent Sales Tax Revenues Phase I - Critical Needs Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Estimate Police Department Spending Plan Est. Beginning Police Department Funds Available 21,622,809$ 19,461,465$ 18,388,978$ 17,248,040$ 16,529,845$ 15,602,376$ 14,440,162$ 13,034,175$ 11,328,192$ 9,305,061$ Estimated 1/2 cent Sales Tax Revenues 13,949,737$ 14,089,234$ 14,371,019$ 14,658,439$ 14,951,608$ 15,250,640$ 15,555,653$ 15,866,766$ 16,184,101$ 16,507,783$ 151,384,980$ Other Revenue -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ COPS Grant Funding 250,000$ 83,334$ -$ -$ -$ -$ -$ -$ -$ -$ 333,334$ Estimated Funds Available - Police Department 35,822,545$ 33,634,033$ 32,759,997$ 31,906,479$ 31,481,453$ 30,853,016$ 29,995,815$ 28,900,941$ 27,512,293$ 25,812,844$ Ongoing Personnel Expenditures Peace Officers 4,632,267$ 4,838,378$ 5,011,003$ 5,196,939$ 5,390,076$ 5,594,123$ 5,810,050$ 6,055,491$ 6,315,738$ 6,591,942$ 55,436,007$ Police Agents 1,587,053 1,658,226 1,716,406 1,779,171 1,844,226 1,912,911 1,985,559 2,068,664 2,156,718 2,250,136 18,959,070$ Police Sergeants 1,545,341 1,632,219 1,687,907 1,747,922 1,809,940 1,875,271 1,944,190 2,023,201 2,106,762 2,195,195 18,567,948$ Police Lieutenant 235,143 273,665 282,709 292,440 302,461 312,986 324,055 336,776 350,191 364,347 3,074,773$ Police Captain 281,393 299,694 320,839 343,966 368,793 395,665 424,753 457,313 492,545 530,672 3,915,633$ Civilian Background Investigator 94,899 101,416 103,665 106,047 108,497 111,018 113,695 116,614 119,624 122,727 1,098,202$ Community Services Officer 280,063 348,682 356,713 365,210 373,962 382,982 392,550 402,960 413,705 424,798 3,741,625$ Digital Forensics Technician II 183,082 191,969 197,823 203,998 210,376 216,968 223,940 231,472 239,272 247,349 2,146,249$ Forensics Specialist 104,722 107,646 110,883 114,299 117,824 121,466 125,319 129,485 133,797 138,261 1,203,702$ Information Technology Technician 88,659 96,203 99,135 102,229 105,425 108,728 112,221 115,994 119,901 123,948 1,072,443$ Police Comm Systems Manager 140,752 150,637 153,770 157,089 160,495 163,993 167,711 171,785 175,975 180,285 1,622,492$ Police Dispatcher 704,781 729,796 746,371 763,880 781,901 800,462 820,114 841,440 863,432 886,119 7,938,296$ Property & Evidence Specialist 255,120 262,050 270,144 278,676 287,496 296,613 306,255 316,665 327,450 338,622 2,939,091$ Property & Evidence Supervisor 85,040 105,811 108,997 112,360 115,831 119,416 123,210 127,313 131,560 135,957 1,165,495$ Public Information Specialist 94,575 99,206 102,218 105,395 108,677 112,069 115,655 119,533 123,548 127,703 1,108,579$ Police Technology Specialist 124,150 126,636 129,314 132,151 135,064 138,057 141,238 144,718 148,300 151,988 1,371,616$ Sr Police Records Specialist 227,907 233,817 241,161 248,901 256,905 265,191 273,948 283,389 293,172 303,318 2,627,709$ 3% personnel cost savings (330,518) (352,860) (364,805) (361,520) (374,338) (387,838) (402,134) (418,284) (435,351) (453,401) (3,881,050)$ Transfer Out: Pension Obligations 1,111,363 1,151,746 1,209,950 1,231,712 1,263,618 1,295,561 1,328,335 1,361,823 1,383,844 790,669 12,128,621$ Reimbursement for Support Staff (IT, Fin, HR, City Attorney)480,129 528,346 538,913 549,691 560,685 571,899 583,337 595,004 606,904 619,042 5,633,951$ Subtotal 11,925,921 12,583,283 13,023,116 13,470,556 13,927,914 14,407,541 14,914,001 15,481,355 16,067,087 16,069,677 141,870,452 Phase I - Critical Needs Funding Page 369 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Proposed Public Safety Spending Plan Updated February 15, 2023 Est. One-half cent Sales Tax Revenues Phase I - Critical Needs Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Estimate Ongoing Non-Personnel Expenditures Sworn - non-personnel costs 185,231 194,492 204,217 214,427 225,149 236,406 248,227 260,638 273,670 287,353 2,329,809$ Police Vehicles, Outfitting, Maint., Fuel, etc.2,857,011 848,808 627,773 632,087 641,986 659,760 664,474 669,329 677,840 682,991 8,962,059$ Civilian Non-Personnel Costs 253,826 98,976 103,924 109,120 114,577 120,305 126,321 132,637 139,268 146,232 1,345,186$ Subtotal 3,296,068 1,142,276 935,914 955,635 981,711 1,016,472 1,039,021 1,062,604 1,090,778 1,116,576 12,637,054 One-Time Expenditures Community Services Officer (Hourly)352,315 505,960 521,120 - - - - - - - 1,379,395$ Computers and other equipment 100,000 100,000 100,000 - - - - - - - 300,000$ Drone Pilot In Command contractual costs 686,777 913,536 931,807 950,443 969,452 988,841 1,008,618 1,028,790 1,049,366 1,070,353 9,597,983$ Subtotal 1,139,092 1,519,496 1,552,927 950,443 969,452 988,841 1,008,618 1,028,790 1,049,366 1,070,353 1,679,395 Total Police Department Proposed Expenditures 16,361,080$ 15,245,054$ 15,511,957$ 15,376,634$ 15,879,077$ 16,412,854$ 16,961,640$ 17,572,749$ 18,207,231$ 18,256,606$ 156,186,901$ Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 Est. Ending Police Department Available Funds 16,729,165$ 15,843,054$ 14,657,543$ 13,961,947$ 12,950,570$ 11,699,215$ 10,201,581$ 8,393,543$ 6,264,453$ 4,507,385$ Reserve Contribution (16.7% of Operating Budget)2,732,300$ 2,545,924$ 2,590,497$ 2,567,898$ 2,651,806$ 2,740,947$ 2,832,594$ 2,934,649$ 3,040,608$ 3,048,853$ Est. Ending Police Department Available Funds including Reserves 19,461,465$ 18,388,978$ 17,248,040$ 16,529,845$ 15,602,376$ 14,440,162$ 13,034,175$ 11,328,192$ 9,305,061$ 7,556,238$ Assumptions: FY 2022 Sales Tax Revenue projection from HdL; 2% escalator per year starting in Fiscal year 2025. Salary projections reflect the most recent MOU agreements and assume 3% annual increase for every year there after. Flex benefit projections assume 10% annual increase. PERS projections based on most recent CalPERS Valuation Report. Workers Comp projections assume 5% annual increase for sworn positions and 3% annual increase for civilian positions. Personnel cost projections assume 3% vacancy savings due to attrition. Reimbursement for Support Staff is based on 3.75% of Measure A Sales Tax revenues.. Amounts budgeted in the Intended Public Safety Spending Plan may differ from the City's Annual Budget due to personnel costing estimates in the Annual Budget is based on individual employees projected salaries and benefits, and the Intended Public Safety Spending Plan are estimates that are based on positions. Page 370 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITURE PLAN TO FUND VEHICLES, DRONE AS FIRST RESPONDER CONTRACTUAL COSTS, AND COUNSELING SERVICES FOR THE POLICE DEPARTMENT AND AMENDING THE FISCAL YEAR 2022/23 EXPENDITURE BUDGET FOR THE MEASURE A SALES TAX FUND WHEREAS, on February 27, 2018 the City Council approved Ordinance 3415 (“Ordinance”) proposing to add Chapter 3.34 to Title 3 of the Chula Vista Municipal Code establishing a one-half cent General Transactions and use Tax to be administered by the California Department of Tax and Fee administration; and WHEREAS, concurrently the City Council adopted a spending plan expressing its intention to expend any new sales tax revenues generated un the Ordinance on public safety (the “Intended Public Safety Expenditure Plan”); and WHEREAS, the Ordinance was placed on the ballot for the June 2018 election as “Measure A,” subject to approval by an affirmative, simple majority vote of the people as required by law; and WHEREAS, on June 5, 2018, the voters of the City of Chula Vista approved Measure A authorizing a one-half cent sales tax on retail sales within the City; and WHEREAS, on January 12, 2023, City staff presented to the Measure A Citizens Oversight Committee (“COC”) a proposed amendment to the Intended Public Safety Expenditure Plan to fund vehicles, Drone as First Responder contractual costs, and counseling services for the Police Department; and WHEREAS, the Measure A COC voted unanimously to recommend City Council approval of the three proposed costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it (1) amends the Fiscal Year 2022/23 Expenditure Budget of the Measure A Sales Tax Fund to fund vehicles, Drone as First Responder contractual costs, and counseling services for the Police Department from the Measure A available fund balance, and (2) approves the amended Measure A Public Safety Expenditure Plan, in the form presented. Page 371 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. __________ Page 2 Presented by Approved as to form INTERIM ACTING ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Chief Roxana Kennedy Jill D.S. Maland Police Department Page 372 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Grant Approval: Accept Grants from the California State Library Targeted State Grant Program for the Cinematic Arts Academic Center and Library’s Land and Construction Costs, and Authorize the City Manager or Designee to Negotiate and Execute Agreements Report Number: 23-0052 Location: 1775 Millenia Avenue Department: Economic Development Environmental Notice: The Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Recommended Action Adopt a resolution authorizing the acceptance of $30,000,000 in State funds to be allocated towards the Cinematic Arts Academic Center & Library’s Land and Construction Costs and authorizing the City Manager or designee to negotiate and execute the grant agreements once final for the California Targeted State Grant Program. SUMMARY In early 2022, as a creative solution to reduce the cost, time and risk associated with starting the University- Innovation District (“UID”), staff proposed creating a Cinematic Arts Academic Center & Library. This building, located just half a mile from the UID, would satisfy the need for a new library in M illenia, expand the footprint of the UID and serve as an incubator for both the University and Millenia Office. The vision won the support of the State and in the May 2022 revised State Budget, Senator Atkins secured $5 million for land acquisition and entitlement costs for this project. In the August 2022 revised budget, Assemblymember Alvarez submitted budget trailer bill language to allocate $25 million in state funding to the City of Chula Vista to construct the Cinematic Arts Academic Center & Library. The $30 million in total funds are being provided to the City through the California State Library Targeted State Grant Program and grant applications were submitted in December 2022. Although funds are not yet available, the draft agreements are. The City’s comments on the draft agreements and a Notice of Unrecorded Grant Agreement have been provided to the State and their counsel for review. To move forward expeditiously, staff is seeking authority Page 373 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 for the City Manager or designee to negotiate and execute the agreements so that the City may receive the funds as soon as possible. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously certified Final Second Tier Environmental Impact Report (EIR 07-01) – SCH No. 2007041074 for Otay Ranch Eastern Urban Center (EUC) Sectional Planning Area (SPA) Plan and Tentative Map. Therefore, no further CEQA review or documentation is necessary. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In early 2022, as a creative solution to reduce the cost, time and risk associated with starting the University- Innovation District (“UID”), staff proposed creating a Cinematic Arts Academic Center & Library. This building, located just half a mile from the UID, would satisfy the need for a new library in Millenia, expand the footprint of the UID and serve as an incubator for both the University and Millenia Office. The vision won the support of the State and in the May 2022 revised State Budget, Senator Atkins secured $5 million for land acquisition and entitlement costs for this project. In the August 2022 revised budget, Assemblymember Alvarez submitted budget trailer bill language to allocate $25 million in state funding to the City of Chula Vista to construct the Cinematic Arts Academic Center & Library. The $30 million in total funds are being provided to the City through the California State Library Targeted State Grant Program and grant applications were submitted in December 2022. Although funds are not yet available, the draft agreements are. The City’s comments on the draft agreements and a Notice of Unrecorded Grant Agreement have been provided to the State and their counsel for review. To move forward expeditiously, staff is seeking authority for the City Manager or designee to negotiate and execute the agreements so that the City may receive the funds as soon as possible. $5,000,000 Grant for Land Costs The State of California has designated “$5,000,000 to the City of Chula Vista for the land and entitlement costs for new library” in AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022). The grant award and dispersal of the funds for this project is contingent upon the California State Library receiving those funds. The City has elected to utilize these funds towards the $11,000,000 land acquisition cost. $25,000,000 Grant for Construction Costs The State of California has designated “$25,000,000 to the City of Chula Vista for the Cinematic Arts Library” in AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022). The grant award and dispersal of the funds for this project is contingent upon the California State Library receiving those funds. The City has elected to use these funds towards the construction of the building which will include the foundation, substructure, superstructure, exterior skin, roofing, and a small amount of the interior construction. The City will be funding the superstructure, interior construction/tenant improvements, site work and parking. For both grant agreements City staff anticipates the project to be complete by the summer of 2025 and has proposed Page 374 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 a project end date for state funding of December 31, 2026 to account for any unforeseen circumstances with project close out. Notice of Unrecorded Grant Agreement As an exhibit to the grant agreements for each of the awards, there is also a State-required restrictive covenant that must be recorded against the property because State funds are being used for the acquisition of the land for the project and construction of the library building. The term of the covenant is for a ten-year period commencing upon close of escrow. Comments and edits on this document including the language for the use restriction have been provided to the State and their counsel for review. After the State’s review, the City will continue to negotiate to arrive at an acceptable form. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). CURRENT-YEAR FISCAL IMPACT The total project cost for the Cinematic Arts Academic Center & Library, including the amenity building and all site work, is approximately $96.4 million. The City is funding $66.4 million in project costs and the $30 million in funding from the California State Library Targeted State Grant Program funds the remainder of project costs. The below funds were already appropriated via Resolution 2022-275 approved on December 6, 2022. Cinematic Arts Library and Site Work Amenity Building and Site Work Total Public Facilities Development Impact Fee (PFDIF) – Library Component $ 31,780,433 $ 0 $ 31,780,433 Developer Contributions 27,215,458 7,417,500 34,632,958 State Library Grant Funds 30,000,000 0 30,000,000 Total $ 88,995,891 $ 7,417,500 $ 96,413,391 ONGOING FISCAL IMPACT Once complete, the Cinematic Arts Academic Center & Library will result in ongoing operating costs to the General Fund. These costs will be evaluated and included in future years’ budgets. ATTACHMENTS None. Staff Contacts: Miranda Evans, Special Projects Manager Eric Crockett, Deputy City Manager Page 375 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANTS FROM THE CALIFORNIA STATE LIBRARY TARGETED STATE GRANT PROGRAM FOR THE CINEMATIC ARTS ACADEMIC CENTER AND LIBRARY’S LAND AND CONSTRUCTION COSTS, AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE AGREEMENTS WHEREAS, on December 6, 2022 The City Council of the City of Chula Vista (“City Council”) voted to approve the Purchase and Sale Agreement (“PSA”), Project Development Agreement (“PDA”) and appropriation of $96.4 million for the development of the City’s Cinematic Arts Academic Center and Library Project (“Project”), project number GGV026; and WHEREAS, the Project will satisfy the need for a new library in Millenia, expand the footprint of the University-Innovation District and serve as an incubator for both the University and Millenia Office; and WHEREAS, the Project won the support of the State and in the May 2022 revised State Budget, Senator Atkins secured $5 million for land acquisition and entitlement costs for this project via AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022); and WHEREAS, in the August 2022 revised budget, Assemblymember Alvarez submitted budget trailer bill language to allocate $25 million in State funding to the City of Chula Vista to construct the project via AB 179 (SEC 207. Section 19.56, Chapter 249, Statutes of 2022); and WHEREAS, the $30 million in total State funds are being provided to the City through the California State Library Targeted State Grant Program and staff submitted two grant applications for review by the State Library Department in December 2022; and WHEREAS, in December 2022, the City received a notice of intent to award the grant funds contingent upon the California State Library receiving the funds; and WHEREAS, the grant agreements cannot be entered into until the California State Library is in receipt of the necessary funds and has communicated to staff that it is anticipated funds will be received by the end of February 2023; and WHEREAS, identified as a preclosing condition within Section 5.1.4 of the executed PSA, by March 1, 2023 the City (“Buyer”) should have entered into the contracts with the State of California for the $30,000,000.00 in funding to be used for the land acquisition and vertical development of the project; and WHEREAS, Buyer has the right to waive the requirement to enter into the State grant funding agreements by March 1, 2023 pursuant to Section 5.2 of the executed PSA and due to Page 376 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda timing constrains, Buyer has elected to exercise that right and timely notified seller of the waiver; and WHEREAS, although the funds are not yet available, the draft agreements are, and the City’s comments on the draft agreements and a Notice of Unrecorded Grant Agreement have been provided to the State and their counsel for review; and WHEREAS, in order to move forward expeditiously, staff is seeking authority for the City Manager or designee to negotiate and execute the agreements and Notice, so that the City may receive the funds as soon as possible; and WHEREAS, Resolution 2022-275 approved by the City Council on December 6, 2022 appropriated the $66.4 million in City funding as well as the $30 million in State funding necessary for the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista accepts grants from the California State Library Targeted State Grant Program for the Cinematic Arts Academic Center and Library’s land and construction costs; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or designee to negotiate and execute the Agreements and Notice, as well as any other documents required or deemed necessary to secure the Project funds from the State, in a final form subject to the review and approval of the City Attorney. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Eric C. Crockett Jill D.S. Maland Deputy City Manager Page 377 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Library Grants $5M Award AB 179 (SEC 207. Section 19.56, Chapter 249,Statutes of 2022) $5,000,000 to the City of Chula Vista for the land and entitlement costs for new library Using $5M towards the $11M land purchase price Dispersal of funds: 50%-40%-10% Proposed end date: 12/31/26 $25M Award AB 179 (SEC 207. Section 19.56, Chapter 249,Statutes of 2022) $25,000,000 to the City of Chula Vista for the Cinematic Arts Library Using $25M towards construction of the Library Building's warm shell ($38M estimated for warm shell) Dispersal of funds: 50%-40%-10% Proposed end date: 12/31/26 Notice of Unrecorded Grant Agreement (NUGA) Exhibit to Grant Agreements State-required 10-year restrictive covenant commencing upon close of escrow (project completion) C a l i f o r n i a S t a t e L i b r a r y T a r g e t e d S t a t e G r a n t P r o g r a m C H U L A V I S T A E C O N O M I C D E V E L O P M E N T M A R C H 2 0 2 3 Page 378 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Municipal Code Update: Ordinance Amending Chula Vista Municipal Code Section 2.04.050 Relating to Workshops Report Number: 23-0063 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 Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.04.050 relating to workshops. (First Reading) SUMMARY Chula Vista Municipal Code (“CMVC”) Section 2.04.050 establishes rules, policies, and guidelines related to the convening of City Council workshops. Minor modifications to this section in order to improve efficiency in the scheduling and conduct of workshops are recommended. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity, amending provisions of the Chula Vista Municipal Code relating to workshops, 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 379 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 DISCUSSION CVMC Section 2.04.050 establishes rules, policies, and guidelines related to the convening of City Council workshops. Minor modifications to this section in order to improve efficiency in the scheduling and conduct of workshops are recommended. Scheduling a Workshop CVMC Section 2.04.050(A) provides that the “Mayor may announce, or the Council on majority vote may direct, at any regular Council meeting, the convening of a Council workshop on the first Thursday of the month…”. This section further provides that such meetings “shall be conducted in a “workshop” context according to the rules, policies, and guidelines herein set forth in this section.” Staff recommends revising this section as follows to remove the requirement to announce the convening of a workshop at a regular Council meeting and clarifying that noticing of workshops shall be in accordance with the Brown Act. The Mayor may announce, or the Council on majority vote may direct, at any regular Council meeting, the convening of a Council workshop. Workshops shall be held on the first Thursday of the month, and in such event, the Council shall conduct a Council meeting on said first Thursday of the month at 4:00 p.m. in the Council Chambers in the Civic Center Complex, Administration Building, at 276 Fourth Avenue, unless otherwise noticed. Said meeting shall be known as a “Council workshop,” and shall be conducted in a “workshop” context according to the rules, policies, and guidelines herein set forth in consistent with the provisions of this section, and noticed in accordance with the Brown Act. Workshop as a Special Meeting CVMC Section 2.04.050(E) provides that “Council workshop meetings shall be deemed a regular City Council meeting for all intents and purposes, and the City Council shall have the full authority to take any and all actions which the City Council is otherwise authorized by law or Charter to take at meetings.” Staff recommends revising this provision as follows, deeming workshops to instead be special meetings of the City Council. Council workshop meetings shall be deemed a regular special City Council meeting for all intents and purposes, and the City Council shall have the full authority to take any and all actions which the City Council is otherwise authorized by law or Charter to take at meetings. Section 307(C) of the City’s Charter provides that “[s]ubject to the laws applicable to charter cities, any Council action that may be taken at a “regular” Council meeting may also be taken at a “special” Council meeting.” Making workshops special meetings would, therefore, have no impact on the ability of the City Council to take action at a workshop. The only effect of this change would be to limit the mandatory contents of the workshop agenda to just those items related to the workshop itself (e.g., excluding public comments, Mayor’s report, and Council comments). If this change is approved, these non-mandatory items would be included in workshop agendas on a case-by-case basis. 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.). Page 380 of 957 City of Chula Vista City Council March 7, 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 this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS None. Staff Contact: Tiffany Allen, Assistant City Manager Page 381 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\1414386253\1414386253,,,Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.050 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO WORKSHOPS WHEREAS, Section 2.04.050 of the Chula Vista Municipal Code (“CVMC”) establishes rules, policies, and guidelines related to the convening of City Council workshops; and WHEREAS, CVMC Section 2.04.050(A) provides that “[t]he Mayor may announce, or the Council on majority vote may direct, at any regular Council meeting, the convening of a Council workshop on the first Thursday of the month…” and further provides that such meetings “shall be conducted in a “workshop” context according to the rules, policies, and guidelines herein set forth in this section”; and WHEREAS, in order to ensure the efficient scheduling and proper noticing of workshops, staff recommends removing the requirement to announce the convening of a workshop at a regular Council meeting and clarifying that related noticing shall be in accordance with the Brown Act; and WHEREAS, CVMC Section 2.04.050(E) provides that “Council workshop meetings shall be deemed a regular City Council meeting for all intents and purposes, and the City Council shall have the full authority to take any and all actions which the City Council is otherwise authorized by law or Charter to take at meetings”; and WHEREAS, in order to support the efficient conduct of workshops, staff recommends deeming workshops to be special meetings of the City Council. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 2.04.050(A) of the Chula Vista Municipal Code is amended to read as follows: The Mayor may announce, or the Council on majority vote may direct the convening of a Council workshop. Workshops shall be held on the first Thursday of the month at 4:00 p.m. in the Council Chambers in the Civic Center Complex, Administration Building, at 276 Fourth Avenue, unless otherwise noticed. Said meeting shall be known as a “Council workshop,” conducted in a “workshop” context consistent with the provisions of this section, and noticed in accordance with the Brown Act. Section II. Section 2.04.050(E) of the Chula Vista Municipal Code is amended to read as follows: Council workshop meetings shall be deemed a special City Council meeting for all intents and purposes, and the City Council shall have the full authority to take any and all Page 382 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Ordinance Page 2 actions which the City Council is otherwise authorized by law or Charter to take at meetings. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceabilit y or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP _____________________________________ By: ________________________________ Maria V. Kachadoorian Jill D.S. Maland City Manager Page 383 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 384 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 385 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 386 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 387 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 388 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495 Melrose Avenue Report Number: 23-0064 Location: 1495 Melrose Avenue Department: Development Services Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (“CEQA”) State Guidelines. Recommended Action Conduct a public hearing and adopt one of the following resolutions: Resolution A) Deny the appeal and adopt a resolution denying a Conditional Use Permit for an off-site consumption alcohol license (Type-21). OR Resolution B) Uphold the appeal and adopt a resolution granting the appeal of US Super Gas, Inc. and overturning the Zoning Administrator’s decision denying a Conditional Use Permit for an off-site consumption alcohol license (Type-21). OR Resolution C) Uphold the appeal and adopt a resolution granting the appeal of US Super Gas, Inc. and overturning the Zoning Administrator’s decision denying a Conditional Use Permit for an off-site consumption alcohol license (Type-20 – beer and wine only). SUMMARY On July 12, 2022, US Super Gas, Inc. (the “Applicant” and “Appellant”) submitted an application for a Conditional Use Permit for the sale of beer, wine, and distilled spirits for off-site consumption (Type-21 license) at an existing service station, known as US Super Gas and Mini-Mart (“Project”), located at 1495 Melrose Avenue, Chula Vista, California (“Project Site”). The Project Site is zoned Neighborhood Commercial (CN), with a General Plan designation of Commercial Retail (CR). Page 389 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 Upon review of the Conditional Use Permit application, staff verified with the California Department of Alcohol and Beverage Control and the Chula Vista Police Department (“CVPD”) there was an overconcentration of licenses in the Census Tract where the Project Site is located. Further research confirmed that there are three (3) off-site consumption licenses and one (1) on-site consumption license issued by ABC within 500 feet of the Project Site. On November 16, 2022, the Zoning Administrator held a public hearing on the Applic ant’s Conditional Use Permit (“CUP”) application. The public hearing was attended by approximately 20 people, with three speaking in favor of issuing the CUP and nine speaking in opposition. The Zoning Administrator considered all reports, evidence, and testimony presented at the public hearing with respect to the subject CUP application, and on December 2, 2022, made the required findings pursuant to Chula Vista Municipal Code (“CVMC”) Section 19.14.08 to deny the CUP. On December 15, 2022, the Appellant filed an appeal of the Zoning Administrator’s decision, to the City Council, citing the “Factual Error” and “Findings Not Supported” provisions of the Appeal Application. On January 17, 2023, the City Council held a hearing regarding the Appellant’s appeal and voted 3-1-0 to affirm the appeal and approve the CUP. The staff report for the January 17, 2023 hearing and accompanying presentation are provided as Attachments 4 and 5, respectively. The City Council directed staff to return at a future council meeting with a Resolution reflecting the Council’s deliberations and decision. After the January 17, 2023 Council meeting, staff reviewed and confirmed that the required notices to owners/occupants within a 500 foot radius for this item were not mailed. This appeal item is therefore again being presented for the City Council’s consideration. Three possible resolutions have been prepared for the Council’s adoption: Resolution A would deny the appeal and uphold the Zoning Administrator’s decision denying a Conditional Use Permit for a Type-21 license (beer, wine, and distilled spirits); Resolution B would uphold the appeal, overturn the Zoning Administrator’s decision, and approve a Conditional Use Permit for a Type-21 license (beer, wine, and distilled spirits), as requested by the applicant; and Resolution C would uphold the appeal, overturn the Zoning Administrator’s decision, and approve a Conditional Use Permit for a Type-20 license (beer and wine only). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On November 16, 2022, the Zoning Administrator held a public hearing on the Applicant’s Conditional Use Permit application. On December 2, 2022, the Zoning Administrator denied the application for the Conditional Use Permit. The Notice of Decision of the Zoning Administrator’s decision is provided as Attachment 2. DISCUSSION The Project Site is located at 1495 Melrose Avenue on the northeast corner of the intersection of East Orange Avenue and Melrose Avenue. East Orange Avenue is a four-lane east-west collector roadway leading to Page 390 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 Interstate 805 (“I-805”) while Melrose Avenue is a local two-lane road connecting the neighborhoods located north and south of East Orange Avenue (Attachment 1). A commercial center is located on the northwest corner of the intersection with a Chevron gas station, a Seafood-City Supermarket, and other neighborhood serving establishments. Immediately adjacent to the Project Site on the northeast corner of the intersection is a smaller commercial strip of six retail establishments. South of East Orange Avenue is comprised of single- family residences. The proposed Project would add the ability to sell beer, wine, and distilled spirits for off-site consumption (Type-21 license) from the existing single-story service station comprised of a 1,583 square foot convenience store and a service station canopy with eight (8) fuel pumps. The hours of operation of the service station are from 8:00 AM to 12:00 AM (midnight) seven (7) days a week, with a maximum of three (3) employees at any one time. The project proposes to provide fifty-nine (59) square feet of floor area to be utilized for the sale of beer, wine, and distilled spirits, between the hours of 8:00 AM and midnight daily. During the deliberations on January 17, 2023, the City Council expressed a desire to assist economic development and small business owners in the neighborhood as well to as provide opportunities for retail sales in the area. City Council then voted 3-1-0 to affirm the appeal and directed staff to return with an appropriate resolution reflecting their deliberations and decision. Upon conclusion of the January 17, 2023 hearing, Development Services staff met with CVPD staff and discussed conditions of approval for the Conditional Use Permit. An alternative solution was also proposed, in which alcohol sales at the Project Site would be limited to beer and wine, but not extend to distilled spirits (Type-20 license). A resolution reflecting this alternative has also been prepared for the Council’s consideration. The conditions of approval proposed by CVPD for both a Type-21 license and a Type 20-license are as follows, and are reflected in Section IV of Resolutions B and C. 1. Sales of alcoholic beverages shall be for beer, wine, and distilled spirits and comply with all requirements of the approved ABC license. (Note: Resolution C excludes reference to distilled spirits) 2. Sales of alcoholic beverages shall be permitted only between the hours of 8:00 AM and midnight daily. 3. No wine shall be sold with an alcohol content of greater than 17% by volume except for "Dinner Wines" which have been aged two years or more. 4. Wine shall not be sold in bottles or containers smaller than 750 ml. 5. No beer or malt beverage products shall be sold regardless of container size, by single containers, but must be sold in manufacturer pre-package multi-unit quantities. 6. No loitering shall be allowed near the entrance/exit of the business. 7. The Applicant shall police the area under their control in an effort to prevent loitering of persons about the premises. 8. The Applicant shall remove graffiti within 48 hours. 9. The Applicant shall be responsible for maintaining a litter free area in all areas under the petitioner(s) control. Page 391 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 10. Signs must be posted at all exits, advising customers that loitering and open containers of alcohol are prohibited outside of the business and reminding them not to disturb the neighbors with noise. 11. No alcoholic beverages shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. 12. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. 13. No display or sale of beer or wine shall be made from an ice tub. Conditions of approval proposed by Development Services staff for both license types are as follows, and are reflected in Section IV of Resolutions B and C. 1. This permit is valid for operation of a gas station and associated convenience store with off-site sale of beer, wine, and distilled spirits, pursuant to CVMC 19.34.010. 2. The Applicant shall operate the Project in compliance with the Performance Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. 3. Within 30 days of approval of this permit, the Applicant shall submit signage plans to the satisfaction of the Development Services Department to determine if the Project signage complies with the Sign Ordinance (CVMC Chapter 19.60) and CN Zone (CVMC Section 19.34.010). If this review shows the existing signage is not in compliance, the applicant shall apply to the Development Services Department for sign permits to modify the Project signage. Information regarding the type, size and location of all signs must be included in the plans. Any un-permitted signage must be removed within 30 days. Signs advertising specific products, or services or uses that are not permitted in the CN Zone or Sign Ordinance, shall not be permitted. 4. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 5. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 6. The Applicant shall operate the business in compliance with CVMC Chapter 9.17: Drug Paraphernalia- Prohibited, and CVMC Chapter 5.37: Narcotic or Drug Paraphernalia Shops. 7. Pursuant to CVMC Section 19.34.180, each year prior to issuance or renewal of the business license, the Applicant shall present evidence to the satisfaction of the Director of Development Services showing compliance with CVMC Sections 19.34.090 and 19.34.120, including that the Project is continuing to operate in compliance with the permitted uses and other requirements described in the CN zone. 8. Exterior site lighting shall be provided to enhance safety and visibility. Light fixtures shall be shielded to confine light within the site and prevent glare into adjacent properties, in compliance with CVMC Section 19.66.100. Page 392 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 5 9. Within 60 days of approval of this permit, the existing landscaping shall be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system. 10. The Applicant shall ensure that the landscaping is watered and well-maintained and the site is kept clean of trash and debris. 11. Within 60 days of approval of this permit, the Applicant shall repair or replace any damaged curb, gutter and sidewalk, and if required, obtain an encroachment permit prior to commencement of the work. 12. Within 60 days of approval of this permit, the parking lot pavement shall be repaired or resurfaced, and parking spaces, including the accessible space and accessible loading zone, shall be cleared of any obstructions and re-striped per the approved site plan. 13. If a formal complaint is received by the Director of Development Services, or if the Director determines that the Applicant is not operating in compliance with the conditions of approval of this permit, then the Director has the discretion to initiate an investigation which may include requesting the applicant to submit plans, technical studies, or other information deemed necessary to respond to the complaint or non-compliance issue. After review, the Director has the discretion to either maintain the existing CUP, modify the CUP, or revoke the CUP, pursuant to the requirements of CVMC Section 19.14.270. 14. Prior to approval of any request for an amendment of the approved ABC license or this CUP, the Applicant shall submit and obtain approval of an application requesting a substantial conformance review or modification of this CUP, for consideration by the Director of Development Services and the CVPD. 15. Approval of this Project shall not waive compliance with all sections of Title 19 of the CVMC, including the Sign Ordinance, and all other applicable City Ordinances in effect at the time of the approval of this CUP. 16. This permit shall become void if not used or extended within three years of the effective date thereof (March 7, 2026) in accordance with Section 19.14.260 of the CVMC. Failure to comply with the any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. Subsequent to the public hearing on January 17, 2023, Development Services staff reviewed and confirmed that mailed notices did not go out prior to the January 17, 2023 hearing, as required by CVMC Section 19.12.070(B). Staff asserts that this item has been noticed for the March 7, 2023 City Council meeting in accordance with CVMC Section 19.12.070(B), including mailed notices. Conclusion The City Council has the option to adopt one of the three resolutions provided with this item. Adopting Resolution A would deny the appeal, uphold the Zoning Administrator’s decision, and deny the Conditional Use Permit. Adopting Resolution B would uphold the appeal, overturn the Zoning Administrator’s decision, and approve a Conditional Use Permit for a Type-21 license (beer, wine, and distilled spirits). Adopting Resolution C would uphold the appeal, overturn the Zoning Administrator’s decision, and approve a Conditional Use Permit for a Type-20 license (beer and wine only). Page 393 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 6 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 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Should a Conditional Use Permit be approved, it is expected the General Fund would receive additional sales tax revenue related to the sale of alcohol (or beer and wine only) at the site. The amount of additional sales tax to be received is not known at this time, however it is anticipated to be negligible to the overall City sales tax collected. There are no current-year fiscal impacts to the Development Services Fund as a result of this action. The Appeal fee, application fees, and all processing costs are borne by the Applicant/Appellant. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. ATTACHMENTS 1. Locator Map 2. Zoning Administrator Notice of Decision, dated December 2, 2022 3. Appeal, dated December 16, 2022 4. January 17, 2023 public hearing, staff report 5. January 17, 2023 public hearing, presentation Staff Contact: D. Todd Philips, Planning Manager/Zoning Administrator, Development Services Laura C. Black, AICP, Director of Development Services Page 394 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. 2023- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL BY US SUPER GAS, INC. AND AFFIRMING THE ZONING ADMINISTRATOR’S DENIAL OF CONDITIONAL USE PERMIT CUP22-0023 TO PERMIT A TYPE-21 LICENSE FOR THE SALE OF ALCOHOL FOR OFF-SITE CONSUMPTION ON A 87,120 SQUARE FOOT LOT AND SERVICE STATION LOCATED AT 1495 MELROSE AVENUE WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit “A,” attached hereto and incorporated herein by this reference, and for the purpose of general description consists of an 87,120 square foot parcel located at 1495 Melrose Avenue (the “Project Site”); and WHEREAS, on July 12, 2022, US Super Gas, Inc. (the “Applicant”) submitted duly verified applications requesting approval of Conditional Use Permit Application CUP22-0023 which were filed with the City of Chula Vista Development Services Department; and WHEREAS, said Applicant requests approval of Conditional Use Permit Application CUP22-0023 to obtain a Type-21 off-site consumption alcohol license from the California Department of Alcohol and Beverage Control (the “Project”) on the Project Site; and WHEREAS, a hearing time and place was set by the Zoning Administrator for consideration of the Project and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the Project Site, at least ten (10) days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Zoning Administrator of the City of Chula Vista on November 16, 2022, in Conference Room #103 in Building A, 276 Fourth Avenue, at 3:00 p.m. to hear public testimony and staff’s presentation; and WHEREAS, on December 2, 2022, the Zoning Administrator made the required findings to deny the Applicant’s Application for Conditional Use Permit CUP22-0023 to obtain a Type-21 off-site consumption alcohol license; and WHEREAS, on December 15, 2022, the Applicant filed an appeal of the Zoning Administrator’s decision to deny Conditional Use Permit Application CUP22-0023 (the “Appeal”); and WHEREAS, the City Clerk set the time and place for the public hearing regarding the Appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City; and Page 395 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No.______ Page 2 WHEREAS, the Chula Vista City Council held a public hearing regarding the Appeal, on January 17, 2023, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula Vista City Council took public testimony and heard staffs’ presentation; and WHEREAS, on January 17, 2023, following staff’s presentation and hearing of public comments, the Chula Vista City Council considered all reports, evidence and testimony presented, voted 3-1-0 to grant the Applicant’s Appeal, and directed staff to return with an appropriate Resolution based on the findings and in accordance with the conditions listed below; and WHEREAS, after the January 17, 2023, City Council meeting, City staff reviewed and confirmed that the required mailed notices to owners/occupants within a 500-foot radius for this Appeal item were not mailed as required by Chula Vista Municipal Code (“CVMC”) Section 19.12.070(B); and WHEREAS, after review and consideration of the Appeal, Staff Report, and related materials, the City Council held a duly noticed public hearing to consider said Appeal at the time and place as advertised, namely March 7, 2023 at 5:00 p.m. in the Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code Sections 19.14.100 and 19.14.130, the Appeal that is the subject of this Resolution is hereby denied and the decision of the Zoning Administrator to deny CUP22-0023 is hereby affirmed, with findings as follows: I. ENVIRONMENTAL REVIEW That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the Director of Development Services’ Environmental Review determination for the Project and adopts the determination and all evidence introduced before the Zoning Administrator at the public hearing on the Project, and the Notice of Decision resulting therefrom, and which are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6 and prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Zoning Administrator contained in Notice of Decision for the Project, which are attached hereto and incorporated herein by this reference, as if said findings were their own. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Appeal that is the subject of this Resolution is hereby DENIED and that the determination of the Zoning Administrator is hereby AFFIRMED, in accordance with the applicable development standards, regulation and guidelines of the Chula Vista Municipal Page 396 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No.______ Page 3 Code specified in Notice of Decision for CUP 22-0023 and dated December 2, 2022, attached hereto and incorporated herein by this reference, as may be modified hereby. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Laura C. Black, AICP Jill D.S. Maland Director of Development Services Page 397 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. 2023- RESOLUTION OF THE CHULA VISTA CITY COUNCIL GRANTING THE APPEAL OF MARCO POLO CORTES AND APPROVING CONDITIONAL USE PERMIT (CUP22-0023) TO PERMIT THE SALE OF BEER, WINE, AND DISTILLED SPIRITS, AT THE US SUPER GAS, INC. GAS STATION AND MINI-MART LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit “A”, attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 0.33 acres located at 1495 Melrose Avenue, APN 624-080- 07-00, (“Project Site”); and WHEREAS, on July 12, 2022, a duly verified application requesting approval of a Conditional Use Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by US Super Gas, Inc. (“Applicant”); and WHEREAS, said Applicant requests approval of a CUP to allow the Applicant to sell beer, wine, and distilled spirits (Type 21 ABC license) at the existing gas station and mini mart, for off-site consumption only (“Project”) on said Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Existing Facilities) of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an existing use. Thus, no further environmental review is required. WHEREAS, on November 16, 2022, a duly noticed public hearing was set before the Zoning Administrator for the consideration of the CUP, and upon conclusion of said public hearing, on December 2, 2022, the Zoning Administrator issued a Notice of Decision denying the issuance of the CUP; and WHEREAS, on December 15, 2022, the Applicant timely and properly filed with the City Clerk of Chula Vista, a duly verified appeal of the Zoning Administrator’s December 2, 2022, Notice of Decision (“Appeal”); and WHEREAS, a hearing time and place was set by the Chula Vista City Clerk for consideration of the Appeal and notice of said public hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten (10) days prior to the public hearing; and WHEREAS, after review and consideration of the Appeal, staff report, and related materials, the Chula Vista City Council held a public hearing regarding the Appeal, on Page 398 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 2 January 17, 2023, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula Vista City Council took public testimony and heard staffs’ presentation; and WHEREAS, on January 17, 2023, following staff’s presentation and hearing of public comments, the Chula Vista City Council considered all reports, evidence and testimony presented, voted 3-1-0 to grant the Applicant’s Appeal, and directed staff to return with an appropriate resolution based on the findings and in accordance with the conditions listed below; and WHEREAS, after the January 17, 2023, City Council meeting, City staff reviewed and confirmed that the required mailed notices to owners/occupants within a 500-foot radius for this Appeal item were not mailed as required by Chula Vista Municipal Code (“CVMC”) Section 19.12.070(B); and WHEREAS, this resolution is to allow for a Type 21 ABC license for beer, wine, and distilled spirits sales at the Project Site; and WHEREAS, after review and consideration of the Appeal, staff report, and related materials, the Chula Vista City Council held a duly noticed public hearing on the Appeal, on March 7, 2023, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula Vista City Council took public testimony and heard staffs’ presentation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: I. The Appeal of the Notice of Decision for Conditional Use Permit No. CUP22-0023 is hereby granted under the provisions of CVMC Section 19.14.130, based on the following Findings of Fact in accordance with CVMC Sections 19.14.080 and 19.58.430. II. CUP FINDINGS FOR APPROVAL 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The existing US Super Gas service station is a retail commercial business which is located in an area that supports other retail commercial businesses that sell alcoholic beverages; therefore, the use is consistent with other uses in the surrounding area. Approval of this Project, with the identified Conditions of Approval in Section IV of the Resolution below, would contribute to the general well-being of the neighborhood by encouraging competition in retail sales and would benefit the Applicant’s customers by providing more convenient availability of beer, wine, and distilled spirits. Three other nearby retail businesses have Off-sale alcohol licenses issued by the California Department of Alcohol Beverage Control (“ABC”), of which this permit Page 399 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 3 would join giving residents and patrons more flexibility of choice in the neighborhood. 2. That such use will, under the circumstances of the particular case, not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The Applicant is required to obtain an ABC Type-21 license for the sale of beer, wine, and distilled spirits, in compliance with all applicable state and local regulations. Additionally, to preserve the health, safety, and/or general welfare of the neighborhood resident and visitors, Conditions of Approval have been recommended by the Chula Vista Police Department (“CVPD”) to be included in the CUP. A detailed list of such Conditions are included in Section IV of this Resolution. Such conditions of approval include, but are not limited to, the following: The sale of alcoholic beverages shall only be permitted between the hours of 8:00 am to midnight each day of the week; Loitering is prohibited on or around the Project Site premises or areas under the control of the Applicant; The Applicant shall be responsible for maintaining a litter- and graffiti-free area on and adjacent to the premises over which they have control. Any graffiti on said property shall be removed within 48 hours of when it appears; The use of any amplifying system or device inside the premises shall not be audible beyond the area of the Applicant’s control; No single container beer or malt beverage products shall be sold regardless of container size, but must be sold in the manufacturer’s pre-packaged, multi- unit quantities; All employees selling alcohol shall attend ABC’s Licensed Education and Drugs (“LEAD”) training; Sale of alcoholic beverages is limited to off-site consumption only, and when considered in conjunction with the recommended conditions of approval, any adverse impacts to the immediate surrounding neighborhood would be minimized. Additional conditions of approval have been set by the Chula Vista Development Services Department and are designed to ensure the Applicant will enhance the appearance of the Project site and building, including, but not limited to, the following: That adequate exterior lighting be provided to enhance safety and visibility; Page 400 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 4 That exterior signage or advertising of alcohol sales be prohibited; That signage will be required to obtain approval of sign permits, as necessary, and that un-permitted signage shall be removed; That existing landscaping will be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system, as necessary. That the parking lot pavement will be repaired and re-striped. 3. That the proposed use will comply with the regulations specified in the CVMC for such use. Granting of this CUP is conditioned to require the Applicant to fulfill the conditions of approval and to comply with all applicable regulations and standards specified in the CVMC for such use. These conditions will be enforced through inspections prior to occupancy of the use and subsequent operation of the business. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the project. The project will comply with all regulations and conditions specified in the CVMC for similar types of uses. 4. That the granting of this CUP will not adversely affect the General Plan of the City or the adopted plan of any government agency. The General Plan designates the site as Commercial Retail, which permits commercial land uses. A gas station with a convenience store component selling alcoholic beverages is considered consistent with the Commercial Retail General Plan Land Use designation, upon approval of a CUP. Thus, the proposed convenience store component selling alcoholic beverages is consistent with the General Plan Land Use and Transportation Element and will not adversely affect implementation of the City’s General Plan. III. CVMC SECTION 19.58.430, LIQUOR STORES IN THE COMMERCIAL- NEIGHBORHOOD ZONE, FINDINGS FOR APPROVAL: The proposed use, a gas station with a convenience store component selling alcoholic beverages, is a conditional use that is addressed in the Commercial – Neighborhood (“CN”) Zone, CVMC Section 19.34.030(F), and therefore requires approval of a CUP. CVMC Section 19.58.430 states that a CUP shall not be granted unless the issuing authority finds, in their discretion, based on substantial evidence in view of the entire record, that the facts required by CVMC Section 19.14.080 exist, and that the CUP will not result in an over-concentration of such facilities. Over-concentration may be found to Page 401 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 5 exist based on: 1. The number and location of existing facilities. The site is located across Melrose Street from the existing Orange Villa Plaza neighborhood retail center, and a smaller strip-commercial retail center adjacent to the site on the north of the Project Site. Three other retail businesses which have off- site ABC licenses are located within 500 ft. of the Project Site. The site is also located one block from the I-805 freeway and many residents and visitors pass by the Project Site to gain access to the freeway. However, with the exception of this commercial node, this area of the City is largely residential and does not have an extensive amount of land developed with retail commercial uses. The next closest neighborhood retail centers are 0.75 miles to the west at Hilltop and Orange Avenue, and to the south at the intersection of Main Street and Melrose Avenue. The nearest major commercial district is Third Avenue, which is approximately 1.5 miles to west. To the east, across I-805, the nearest retail commercial center is approximately .65 miles away at the intersection of Brandywine Street and Sequoia Street. In this area of the City, there is a limited number of retail establishments serving a very large residential area. The remainder of area within 0.75 mile of the site consists of mostly single-family residential development, a few multi-family residential buildings along Orange Avenue, within 5 different census tracts, and is generally auto-oriented in design. Thus, the Project would provide retail services to residents of a much larger area than the area of its census tract. 2. Compliance with ABC overconcentration standards in effect at the time of project consideration. For off-site retail ABC licenses, under (or over-) concentration means that the Applicant’s premises is located in an area where the ratio of off-sale retail licenses to population in the census tract or census division in which the Applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. According to ABC, the maximum permitted number of Off-Site licenses for this census tract is 1.77. This Project would constitute the fourth ABC license in this census tract. This permit is subject to the CVPD’s conditions of approval, which have been incorporated into the Resolution affirming the Appeal and approving the CUP. 3. The impact of the proposed facility on crime. The crime rate for the reporting district is 87.2%. A 120% crime rate would be required to constitute a high crime area. Conditions of approval have been included in the City Council resolution intended to enhance crime prevention and minimize the potential adverse effects on the community from the sale of alcoholic beverages. Page 402 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 6 4. The impact of the proposed facility on traffic volume and flow. The Project does not propose construction or remodeling of the building, which would trigger building improvements, and the existing driveway design complies with City standards, therefore no change to the existing vehicle access and driveways is required. The City has reviewed the Project and determined that the addition of alcoholic beverage sales to an existing retail business would not significantly increase the volume of traffic generated. Therefore, the Project does not result in a significant impact on traffic volume and flow. IV. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL The following conditions shall apply to the Project Site, and the Applicant or successor- in-interest shall satisfy these conditions prior to establishment of the use and the commencement of sales of alcoholic beverages, or at the timeframe specified in the condition: PLANNING DIVISION: 1. The Project Site shall be maintained in accordance with the CUP22-0023 approved plans, which include site plans and floor plans on file in the Planning Division, the conditions contained herein, and the Zoning Ordinance (CVMC Title 19). The Applicant or successor-in-interest shall remain in compliance with the conditions as long as the Project relies upon this approval. 2. By signing the lines provided below, the Property Owner and Applicant expressly affirm that they have each read, understood, and agree to the conditions contained herein, and will implement the same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, by the City Clerk of the City of Chula Vista, at the sole expense of the Owner or Applicant, and a signed, stamped copy of the conformed recorded document shall be submitted to the Development Services Department Secretary and the City Clerk within ten days of recordation. ___________________________________ _______________ Signature of Property Owner Date ___________________________________ _______________ Signature of Applicant or Authorized Representative Date 3. The applicant shall obtain a Type-21 license permitting off-site sales of beer, wine, and distilled spirits, from ABC, prior to commencement of sale of alcoholic Page 403 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 7 beverages. The Applicant shall comply with the applicable State ABC Laws and City Ordinances, and all conditions required by the CVPD pertaining to the sale and consumption of alcoholic beverages. Upon certification by the Development Services Department for occupancy or establishment of use allowed by this CUP, the following conditions shall apply: POLICE DEPARTMENT: 4. Prior to the sale of alcoholic beverages, the Applicant, shall obtain approval of ABC and operate in compliance with the following requirements requested by the CVPD that are justified by the California Business & Professions Code and are necessary to maintain public safety and prevent nuisance activities: a. Sales of alcoholic beverages shall be for beer, wine, and distilled spirits and comply with all requirements of the approved ABC license. b. Sales of alcoholic beverages shall be permitted only between the hours of 8:00 AM and midnight daily. c. No wine shall be sold with an alcohol content of greater than 17% by volume except for "Dinner Wines" which have been aged two years or more. d. Wine shall not be sold in bottles or containers smaller than 750 ml. e. No beer or malt beverage products shall be sold regardless of container size, by single containers, but must be sold in manufacturer pre-package multi-unit quantities. f. No loitering shall be allowed near the entrance/exit of the business. g. The Applicant shall police the area under their control in an effort to prevent loitering of persons about the premises. h. The Applicant shall remove graffiti within 48 hours. i. The Applicant shall be responsible for maintaining a litter free area in all areas under the petitioner(s) control. j. Signs must be posted at all exits, advising customers that loitering and open containers of alcohol are prohibited outside of the business and reminding them not to disturb the neighbors with noise. k. No alcoholic beverages shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. Page 404 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 8 l. No advertisement of alcoholic beverages shall be displayed at motor fuel islands. m. No display or sale of beer or wine shall be made from an ice tub. PLANNING DIVISION: 5. This permit is valid for operation of a gas station and associated convenience store with off-site sale of beer, wine, and distilled spirits, pursuant to CVMC 19.34.010. 6. The Applicant shall operate the Project in compliance with the Performance Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. 7. Within 30 days of approval of this permit, the Applicant shall submit signage plans to the satisfaction of the Development Services Department to determine if the Project signage complies with the Sign Ordinance (CVMC Chapter 19.60) and CN Zone (CVMC Section 19.34.010). If this review shows the existing signage is not in compliance, the applicant shall apply to the Development Services Department for sign permits to modify the Project signage. Information regarding the type, size and location of all signs must be included in the plans. Any un- permitted signage must be removed within 30 days. Signs advertising specific products, or services or uses that are not permitted in the CN Zone or Sign Ordinance, shall not be permitted. 8. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 9. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 10. The Applicant shall operate the business in compliance with CVMC Chapter 9.17: Drug Paraphernalia-Prohibited, and CVMC Chapter 5.37: Narcotic or Drug Paraphernalia Shops. 11. Pursuant to CVMC Section 19.34.180, each year prior to issuance or renewal of the business license, the Applicant shall present evidence to the satisfaction of the Page 405 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 9 Director of Development Services showing compliance with CVMC Sections 19.34.090 and 19.34.120, including that the Project is continuing to operate in compliance with the permitted uses and other requirements described in the CN zone. 12. Exterior site lighting shall be provided to enhance safety and visibility. Light fixtures shall be shielded to confine light within the site and prevent glare into adjacent properties, in compliance with CVMC Section 19.66.100. 13. Within 60 days of approval of this permit, the existing landscaping shall be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system. 14. The Applicant shall ensure that the landscaping is watered and well-maintained and the site is kept clean of trash and debris. 15. Within 60 days of approval of this permit, the Applicant shall repair or replace any damaged curb, gutter and sidewalk, and if required, obtain an encroachment permit prior to commencement of the work. 16. Within 60 days of approval of this permit, the parking lot pavement shall be repaired or resurfaced, and parking spaces, including the accessible space and accessible loading zone, shall be cleared of any obstructions and re-striped per the approved site plan. 17. If a formal complaint is received by the Director of Development Services, or if the Director determines that the Applicant is not operating in compliance with the conditions of approval of this permit, then the Director has the discretion to initiate an investigation which may include requesting the applicant to submit plans, technical studies, or other information deemed necessary to respond to the complaint or non-compliance issue. After review, the Director has the discretion to either maintain the existing CUP, modify the CUP, or revoke the CUP, pursuant to the requirements of CVMC Section 19.14.270. 18. Prior to approval of any request for an amendment of the approved ABC license or this CUP, the Applicant shall submit and obtain approval of an application requesting a substantial conformance review or modification of this CUP, for consideration by the Director of Development Services and the CVPD. 19. Approval of this Project shall not waive compliance with all sections of Title 19 of the CVMC, including the Sign Ordinance, and all other applicable City Ordinances in effect at the time of the approval of this CUP. Page 406 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 10 20. This permit shall become void if not used or extended within three years of the effective date thereof (March 7, 2026) in accordance with Section 19.14.260 of the CVMC. Failure to comply with the any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 21. The Applicant shall and does hereby agree to timely and fully indemnify, reimburse, protect, defend and hold harmless the City, its Zoning Administrator, City Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including any costs and expenses to prepare the administrative record for any challenge to the Project approvals and/or compiling a response to a Public Records Act request(s) to provide the record of proceedings materials for the Project, the City’s costs to retain its own defense counsel to defend any challenges to any Project-related approvals, court costs and attorney's fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this permit, (b) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated by the permit, and (c) Applicant’s installation and operation of the facility permitted. The Applicant shall acknowledge their agreement to this provision by executing a copy of this CUP, upon approval of the City Council. Applicant’s compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the Applicant’s/operator’s successors and assigns. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant or a successor in interest gains no vested rights by the City’s approval of this CUP. VI. INVALIDITY: AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Page 407 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 11 VII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: ____________________________ Laura C. Black, AICP Jill D.S. Maland Director of Development Services Page 408 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. 2023- RESOLUTION OF THE CHULA VISTA CITY COUNCIL GRANTING THE APPEAL OF MARCO POLO CORTES AND APPROVING CONDITIONAL USE PERMIT (CUP22-0023) TO PERMIT THE SALE OF BEER AND WINE AT THE US SUPER GAS, INC. GAS STATION AND MINI-MART LOCATED AT 1495 MELROSE AVENUE IN THE CITY OF CHULA VISTA WHEREAS, the parcel of land which is the subject matter of this Resolution is depicted in Exhibit “A”, attached hereto and incorporated herein by this reference, and for the purpose of general description consists of 0.33 acres located at 1495 Melrose Avenue, APN 624-080-07-00, (“Project Site”); and WHEREAS, on July 12, 2022, a duly verified application requesting approval of a Conditional Use Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by US Super Gas, Inc. (“Applicant”); and WHEREAS, said Applicant requests approval of a CUP to allow the Applicant to sell beer, wine, and distilled spirits (Type 21 ABC license) at the existing gas station and mini mart, for off-site consumption only (“Project”) on said Project Site; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Existing Facilities) of the State CEQA Guidelines. The proposed project consists of negligible or no expansion of an existing use. Thus, no further environmental review is required. WHEREAS, on November 16, 2022, a duly noticed public hearing was set before the Zoning Administrator for the consideration of the CUP, and upon conclusion of said public hearing, on December 2, 2022, the Zoning Administrator issued a Notice of Decision denying the issuance of the CUP; and WHEREAS, on December 15, 2022, the Applicant timely and properly filed with the City Clerk of Chula Vista, a duly verified appeal of the Zoning Administrator’s December 2, 2022, Notice of Decision (“Appeal”); and WHEREAS, a hearing time and place was set by the Chula Vista City Clerk for consideration of the Appeal and notice of said public hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten (10) days prior to the hearing; and Page 409 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 2 WHEREAS, after review and consideration of the Appeal, Staff Report, and related materials, the Chula Vista City Council held a public hearing regarding the Appeal, on January 17, 2023, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula Vista City Council took public testimony and heard staffs’ presentation; and WHEREAS, on January 17, 2023, following staff’s presentation and hearing of public comments, the Chula Vista City Council considered all reports, evidence and testimony presented, voted 3-1-0 to grant the Applicant’s Appeal, and directed staff to return with an appropriate resolution based on the findings and in accordance with the conditions listed below; and WHEREAS, after the January 17, 2023, City Council meeting, City staff reviewed and confirmed that the required mailed notices to owners/occupants within a 500-foot radius for this Appeal item were not mailed as required by Chula Vista Municipal Code (“CVMC”) Section 19.12.070(B); and WHEREAS, this resolution is to allow for a Type 20 ABC license for beer and wine only sales at the Project Site; and WHEREAS, after review and consideration of the Appeal, staff report, and related materials, the Chula Vista City Council held a duly noticed public hearing on the Appeal, on March 7, 2023, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, wherein the Chula Vista City Council took public testimony and heard staffs’ presentation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and resolve as follows: I. The Appeal of the Notice of Decision for Conditional Use Permit No. CUP22-0023 is hereby granted under the provisions of CVMC Section 19.14.130, based on the following Findings of Fact in accordance with CVMC Sections 19.14.080 and 19.58.430. II. CUP FINDINGS FOR APPROVAL 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The existing US Super Gas service station is a retail commercial business which is located in an area that supports other retail commercial businesses that sell beer and wine; therefore, the use is consistent with other uses in the surrounding area. Approval of this Project, with the identified Conditions of Approval in Section IV of the Resolution below, would contribute to the general well-being of the neighborhood by encouraging competition in retail sales and would benefit the Applicant’s customers by providing more convenient availability of beer and wine. Three other nearby retail businesses have Off-sale alcohol licenses issued by the California Department of Page 410 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 3 Alcohol Beverage Control (“ABC”), of which this permit would join giving residents and patrons more flexibility of choice in the neighborhood. 2. That such use will, under the circumstances of the particular case, not be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The Applicant is required to obtain an ABC Type-20 license for beer and wine sales only, in compliance with all applicable state and local regulations. Additionally, to preserve the health, safety, and/or general welfare of the neighborhood resident and visitors, Conditions of Approval have been recommended by the Chula Vista Police Department (“CVPD”) to be included in the CUP. A detailed list of such Conditions are included in Section IV of this Resolution. Such conditions of approval include, but are not limited to, the following: The sale of alcoholic beverages shall only be permitted between the hours of 8:00 am to midnight each day of the week; Loitering is prohibited on or around the Project Site premises or areas under the control of the Applicant; The Applicant shall be responsible for maintaining a litter- and graffiti-free area on and adjacent to the premises over which they have control. Any graffiti on said property shall be removed within 48 hours of when it appears; The use of any amplifying system or device inside the premises shall not be audible beyond the area of the Applicant’s control; No single container beer or malt beverage products shall be sold regardless of container size, but must be sold in the manufacturer’s pre-packaged, multi- unit quantities; All employees selling alcohol shall attend ABC’s Licensed Education and Drugs (“LEAD”) training; Sale of alcoholic beverages is limited to off-site consumption only, and when considered in conjunction with the recommended conditions of approval, any adverse impacts to the immediate surrounding neighborhood would be minimized. Additional conditions of approval have been set by the Chula Vista Development Services Department and are designed to ensure the Applicant will enhance the appearance of the Project site and building, including, but not limited to, the following: That adequate exterior lighting be provided to enhance safety and visibility; Page 411 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 4 That exterior signage or advertising of alcohol sales be prohibited; That signage will be required to obtain approval of sign permits, as necessary, and that un-permitted signage shall be removed; That existing landscaping will be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system, as necessary. That the parking lot pavement will be repaired and re-striped. 3. That the proposed use will comply with the regulations specified in the CVMC for such use. Granting of this CUP is conditioned to require the Applicant to fulfill the conditions of approval and to comply with all applicable regulations and standards specified in the CVMC for such use. These conditions will be enforced through inspections prior to occupancy of the use and subsequent operation of the business. Furthermore, the conditions of this permit are approximately in proportion to the nature and extent of the impact created by the project in that the conditions imposed are directly related to, and of a nature and scope related to the size and impact of the project. The project will comply with all regulations and conditions specified in the CVMC for similar types of uses. 4. That the granting of this CUP will not adversely affect the General Plan of the City or the adopted plan of any government agency. The General Plan designates the site as Commercial Retail, which permits commercial land uses. A gas station with a convenience store component selling beer and wine is consistent with the Commercial Retail General Plan Land Use designation, upon approval of a CUP. Thus, the proposed convenience store component selling beer and wine is consistent with the General Plan Land Use and Transportation Element and will not adversely affect implementation of the City’s General Plan. III. CVMC SECTION 19.58.430, LIQUOR STORES IN THE COMMERCIAL- NEIGHBORHOOD ZONE, FINDINGS FOR APPROVAL: The proposed use, a gas station with a convenience store component selling beer and wine, is a conditional use that is addressed in the Commercial – Neighborhood (“CN”) Zone, CVMC Section 19.34.030(F), and therefore requires approval of a CUP. CVMC Section 19.58.430 states that a CUP shall not be granted unless the issuing authority finds, in their discretion, based on substantial evidence in view of the entire record, that the facts required by CVMC Section 19.14.080 exist, and that the CUP will not result in an over-concentration of such facilities. Over-concentration may be found to exist based on: Page 412 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 5 1. The number and location of existing facilities; The site is located across Melrose Street from the existing Orange Villa Plaza neighborhood retail center, and a smaller strip-commercial retail center adjacent to the site on the north of the Project Site. Three other retail businesses which have off- site ABC licenses are located within 500 ft. of the Project Site. The site is also located one block from the I-805 freeway and many residents and visitors pass by the Project Site to gain access to the freeway. However, with the exception of this commercial node, this area of the City is largely residential and does not have an extensive amount of land developed with retail commercial uses. The next closest neighborhood retail centers are 0.75 miles to the west at Hilltop and Orange Avenue, and to the south at the intersection of Main Street and Melrose Avenue. The nearest major commercial district is Third Avenue, which is approximately 1.5 miles to west. To the east, across I-805, the nearest retail commercial center is approximately .65 miles away at the intersection of Brandywine Street and Sequoia Street. In this area of the City, there is a limited number of retail establishments serving a very large residential area. The remainder of area within 0.75 mile of the site consists of mostly single-family residential development, a few multi-family residential buildings along Orange Avenue, within 5 different census tracts, and is generally auto-oriented in design. Thus, the Project would provide retail services to residents of a much larger area than the area of its census tract. 2. Compliance with ABC overconcentration standards in effect at the time of project consideration; For off-site retail ABC licenses, under (or over-) concentration means that the Applicant’s premises is located in an area where the ratio of off-sale retail licenses to population in the census tract or census division in which the Applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises are located. According to ABC, the maximum permitted number of Off-Site licenses for this census tract is 1.77. This Project would constitute the fourth ABC license in this census tract. This permit is subject to the CVPD’s conditions of approval, which have been incorporated into the Resolution affirming the Appeal and approving the CUP. 3. The impact of the proposed facility on crime; The crime rate for the reporting district is 87.2%, where a 120% crime rate would be required to constitute a high crime area. Conditions of approval have been included in the City Council resolution intended to enhance crime prevention and minimize the potential adverse affects on the community from the sale of alcoholic beverages. Page 413 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 6 4. The impact of the proposed facility on traffic volume and flow. The Project does not propose construction or remodeling of the building, which would trigger building improvements, and the existing driveway design complies with City standards, therefore no change to the existing vehicle access and driveways is required. The City has reviewed the Project and determined that the addition of alcoholic beverage sales to an existing retail business would not significantly increase the volume of traffic generated. Therefore, the Project does not result in a significant impact on traffic volume and flow. IV. CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL The following conditions shall apply to the Project Site, and the Applicant or successor- in-interest shall satisfy these conditions prior to establishment of the use and the commencement of sales of alcoholic beverages, or at the timeframe specified in the condition: PLANNING DIVISION: 1. The Project Site shall be maintained in accordance with the CUP22-0023 approved plans, which include site plans and floor plans on file in the Planning Division, the conditions contained herein, and the Zoning Ordinance (CVMC Title 19). The Applicant or successor-in-interest shall remain in compliance with the conditions as long as the Project relies upon this approval. 2. By signing the lines provided below, the Property Owner and Applicant expressly affirm that they have each read, understood, and agree to the conditions contained herein, and will implement the same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, by the City Clerk of the City of Chula Vista, at the sole expense of the Owner or Applicant, and a signed, stamped copy of the conformed recorded document shall be submitted to the Development Services Department Secretary and the City Clerk within ten days of recordation. ___________________________________ _______________ Signature of Property Owner Date ___________________________________ _______________ Signature of Applicant or Authorized Representative Date Page 414 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 7 3. The applicant shall obtain a Type-20 license permitting off-site sales of beer and wine only, from ABC, prior to commencement of sale of alcoholic beverages. The Applicant shall comply with the applicable State ABC Laws and City Ordinances, and all conditions required by the CVPD pertaining to the sale and consumption of alcoholic beverages. Upon certification by the Development Services Department for occupancy or establishment of use allowed by this CUP, the following conditions shall apply: POLICE DEPARTMENT: 4. Prior to the sale of alcoholic beverages, the Applicant, shall obtain approval of ABC and operate in compliance with the following requirements requested by the CVPD that are justified by the California Business & Professions Code and are necessary to maintain public safety and prevent nuisance activities: a. Sales of alcoholic beverages shall be for beer and wine only and comply with all requirements of the approved ABC license. b. Sales of alcoholic beverages shall be permitted only between the hours of 8:00 AM and midnight daily. c. No wine shall be sold with an alcohol content of greater than 17% by volume except for "Dinner Wines" which have been aged two years or more. d. Wine shall not be sold in bottles or containers smaller than 750 ml. e. No beer or malt beverage products shall be sold regardless of container size, by single containers, but must be sold in manufacturer pre-package multi-unit quantities. f. No loitering shall be allowed near the entrance/exit of the business. g. The Applicant shall police the area under their control in an effort to prevent loitering of persons about the premises. h. The Applicant shall remove graffiti within 48 hours. i. The Applicant shall be responsible for maintaining a litter free area in all areas under the petitioner(s) control. j. Signs must be posted at all exits, advising customers that loitering and open containers of alcohol are prohibited outside of the business and reminding them not to disturb the neighbors with noise. Page 415 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 8 k. No beer and wine shall be displayed within five feet of the cash register or the front door unless it is in a permanently affixed cooler. l. No advertisement of beer and wine shall be displayed at motor fuel islands. m. No display or sale of beer or wine shall be made from an ice tub. PLANNING DIVISION: 5. This permit is valid for operation of a gas station and associated convenience store with off-site sale of beer and wine, pursuant to CVMC 19.34.010. 6. The Applicant shall operate the Project in compliance with the Performance Standards, CVMC Chapters 19.66 and Performance Standards and Noise Control, Chapter 19.68. 7. Within 30 days of approval of this permit, the Applicant shall submit signage plans to the satisfaction of the Development Services Department to determine if the Project signage complies with the Sign Ordinance (CVMC Chapter 19.60) and CN Zone (CVMC Section 19.34.010). If this review shows the existing signage is not in compliance, the applicant shall apply to the Development Services Department for sign permits to modify the Project signage. Information regarding the type, size and location of all signs must be included in the plans. Any un- permitted signage must be removed within 30 days. Signs advertising specific products, or services or uses that are not permitted in the CN Zone or Sign Ordinance, shall not be permitted. 8. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 9. There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 10. The Applicant shall operate the business in compliance with CVMC Chapter 9.17: Drug Paraphernalia-Prohibited, and CVMC Chapter 5.37: Narcotic or Drug Paraphernalia Shops. Page 416 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 9 11. Pursuant to CVMC Section 19.34.180, each year prior to issuance or renewal of the business license, the Applicant shall present evidence to the satisfaction of the Director of Development Services showing compliance with CVMC Section 19.34.090 and 19.34.120, including that the Project is continuing to operate in compliance with the permitted uses and other requirements described in the CN zone. 12. Exterior site lighting shall be provided to enhance safety and visibility. Light fixtures shall be shielded to confine light within the site and prevent glare into adjacent properties, in compliance with CVMC Section 19.66.100. 13. Within 60 days of approval of this permit, the existing landscaping shall be refreshed, including replacement of dead and missing plants, and maintenance and repair of the irrigation system. 14. The Applicant shall ensure that the landscaping is watered and well-maintained and the site is kept clean of trash and debris. 15. Within 60 days of approval of this permit, the Applicant shall repair or replace any damaged curb, gutter and sidewalk, and if required, obtain an encroachment permit prior to commencement of the work. 16. Within 60 days of approval of this permit, the parking lot pavement shall be repaired or resurfaced, and parking spaces, including the accessible space and accessible loading zone, shall be cleared of any obstructions and re-striped per the approved site plan. 17. If a formal complaint is received by the Director of Development Services, or if the Director determines that the Applicant is not operating in compliance with the conditions of approval of this permit, then the Director has the discretion to initiate an investigation which may include requesting the applicant to submit plans, technical studies, or other information deemed necessary to respond to the complaint or non-compliance issue. After review, the Director has th e discretion to either maintain the existing CUP, modify the CUP, or revoke the CUP, pursuant to the requirements of CVMC Section 19.14.270. 18. Prior to approval of any request for an amendment of the approved ABC license or this CUP, the Applicant shall submit and obtain approval of an application requesting a substantial conformance review or modification of this CUP, for consideration by the Director of Development Services and the CVPD. 19. Approval of this Project shall not waive compliance with all sections of Title 19 of the CVMC, including the Sign Ordinance, and all other applicable City Ordinances in effect at the time of the approval of this CUP. Page 417 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 10 20. This permit shall become void if not used or extended within three years of the effective date thereof (March 7, 2026) in accordance with Section 19.14.260 of the CVMC. Failure to comply with the any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. 21. The Applicant shall and does hereby agree to timely and fully indemnify, reimburse, protect, defend and hold harmless the City, its Zoning Administrator, City Council members, officers, employees, agents and representatives, from and against all liabilities, losses, damages, demands, claims and costs, including any costs and expenses to prepare the administrative record for any challenge to the Project approvals and/or compiling a response to a Public Records Act request(s) to provide the record of proceedings materials for the Project, the City’s costs to retain its own defense counsel to defend any challenges to any Project-related approvals, court costs and attorney's fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) City's app roval and issuance of this permit, (b) City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated by the permit, and (c) Applicant’s installation and operation of the facility permitted. The Applicant shall acknowledge their agreement to this provision by executing a copy of this CUP, upon approval of the City Council. Applicant’s compliance with this provision is an express condition of this permit and this provision shall be binding on any and all of the Applicant’s/operator’s successors and assigns. V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. The applicant or a successor in interest gains no vested rights by the City’s approval of this CUP. VI. INVALIDITY: AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this Resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Page 418 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Resolution No. 2023- ______ Page 11 VII. GOVERNMENT CODE SECTION 66020 NOTICE Pursuant to Government Code Section 66020(d)(1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolut ion and any such protest must be in a manner that complies with Section 66020(a) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the Statute of Limitations has previously expired. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Laura C. Black, AICP Jill D.S. Maland Director of Development Services Page 419 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda MELROSE AVI-805 FREEWAY E O R A N G E A V OCALA AVE R IE N S T R A S T MALTA AVMARL AVNOLAN AVMAX AVNACION AVOLEANDER AVO L Y M P IC P W S A N D S T O N E S T MARBLE CTQ U IN C E P L OLEANDER AVPROJECTLOCATION NORTH No Scale J:\Planning\Public Notices\CUP\CUP22\CUP22-0023.pdf SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS:1495 Melrose St.Project Summary: Sale of beer, wine, and distilled spirits for consumption off the premises. Existing gas station and food mart. Related cases: NoneCUP22-0023 PROJECT APPLICANT:LOCATOR CONDITIONAL USE PERMITUS Super Gas, Inc. C H U L A V ISTA D E V EL O P M EN T SER V IC E S D EPA RT M E N T CUP22-0023NORTH Page 420 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ZONING ADMINISTRATOR NOTICE OF DECISION Date: December 2, 2022 Applicant: US Super Gas, Inc. Case Number: CUP22-0023 Address: 1495 Melrose Avenue Project Planner: Amy DeNinno Notice is hereby given that on December 2, 2022, the Zoning Administrator considered Conditional Use Permit (CUP) CUP22-0023, filed by US Super Gas, Inc. (Applicant). The Applicant requests approval for the sale of beer, wine, and distilled spirits for off-site consumption at an existing service station, known as US Super Gas and Mini-Mart (Project), located at 1495 Melrose Avenue (Project Site). The Project Site is zoned Neighborhood Commercial (CN), with a General Plan designation of Commercial Retail (CR). Pursuant to Chula Vista Municipal Code (CVMC) Sections 19.34.030(F) and 19.58.430, alcohol sales are conditionally permitted within the CN zone. The Project Site includes a single-story convenience store with a floor area of 1,538 square feet, as well as a service station canopy with eight (8) fuel pumps. The hours of operation are from 8:00 AM to 12:00 AM (midnight) seven (7) days a week, with a maximum of three (3) employees at any one time. Fifty-nine square feet of floor area are proposed to be utilized for the sale of distilled spirits and alcohol, between the hours of 8:00 AM and 11:00 PM each day. The Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental review is required. The Zoning Administrator set the time and place for a hearing on said CUP and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing. The hearing was scheduled, advertised and held on November 16, 2022, at 3:00 p.m. in Executive Conference Room 103, Chula Vista City Hall Building A, 276 Fourth Avenue, before the Zoning Administrator. The Zoning Administrator considered all reports, evidence, and testimony presented at the November 16 Public Hearing and contained within the City’s files and records for the Project Site with respect to the subject Project application, and under the provisions of Sections 19.14.030(A) and 19.58.430 of the CVMC, and based on substantial evidence, makes the following findings as required by CVMC Section 19.14.080: The proposed use at this location is necessary or desirable and will contribute to the general well-being of the neighborhood or the community. Page 421 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Notice of Decision CUP22-0023 December 2, 2022 Page 2 2 According to the California Department of Alcohol and Beverage Control (ABC), an “undue concentration” [overconcentration] of liquor licenses exists when “the ratio of off- sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off-sale retail licenses to population in the county in which the applicant premises is located.” (California Alcoholic Beverage Control Act , Section 23958.4(a)(3), pg. 249). In discussions with ABC representatives, the City verified that ABC sets the threshold for off-sale licenses to be issued at a rate of “one for each 2,500, or fraction thereof, inhabitants of the county in which the premises are situated” (Ibid, Section 23817.5(a)(1), pg. 227). According to Census Reporter’s website (www.censusreporter.org), the 2020 Census data shows a population of 4,425 for Census Tract (CT) 133.06. Therefore, applying the ABC ratio threshold, CT 133.06 should be limited to two licenses (4,425 divided by 2,500 = 1.77). As discussed below, based on these ABC standards, substantial evidence supports a finding that CT 133.06 has an overconcentration of active off-sale retail alcohol licenses and businesses. During the November 16 Public Hearing, testimony from the Applicant’s representative, Marco Polo Cortes, indicated that pursuant to ABC’s website data, there is only one alcohol permit issued within CT 1033.06, where the Project Site is located. The Applicant furthered this argument by submitting a November 15, 2022 email exchange between Mr. Cortes and Ms. Maritza Gonzalez of ABC’s San Diego District Office, whereby Ms. Gonzalez indicated that based upon ABC’s website data, CT 133.06 was purportedly “undersaturated”. Based upon this, and other testimony offered, the Applicant feels the City of Chula Vista should grant the CUP. Among the data submitted by the Applicant were two November 15, 2022 Ad Hoc License Reports for CTs 133.06 (Attachment 1) and 133.12 (Attachment 2). The data reflects the following licenses supposedly issued in CT 133.12: Seafood City Supermarket 285 E. Orange Ave. Chula Vista, 91911 ABC Lic.: 484426 7 Eleven Store 13578E 1475 Melrose Ave. Chula Vista, 91911 ABC Lic.: 555599 Bobar Liquor #44 1459 Melrose Ave. Chula Vista, 91911 ABC Lic.: 584822 Otay Valley Shell 4555 Main St. Chula Vista, 91911 ABC Lic.: 566960 The City is not required, however, to accept as true data or information from the ABC (through Applicant) that the City, after investigation and analysis, has determined is demonstrably inaccurate. Of the above-listed license locations submitted by Applicant, only one is actually located within CT 133.12, and that is Otay Valley Shell. All three of the other licenses are actually located in CT 133.06. As a clarifying question during the Page 422 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Notice of Decision CUP22-0023 December 2, 2022 Page 3 3 November 16 Public Hearing, the Zoning Administrator asked Mr. Cortes if it was in dispute whether the locations of the three licenses listed on Attachment 2 were actually (by their addresses) located in CT 133.06. Mr. Cortes’s response was the data put into evidence is ABC’s publicly published data and the City should abide by it. Also, at the November 16 hearing on the CUP, City Project Planner Amy DeNinno provided information and documents, including address data from the ABC website for the off-sale licensees identified in CT 133.12 and transposed those addresses onto a map showing that the four active off-sale retail alcohol licenses currently operate in CT 133.06. (Attachment 3). To attempt to verify the data proffered by Mr. Cortes, on Tuesday, November 22, 2022, the Zoning Administrator pulled an Ad Hoc License Report (Attachment 4) from the ABC website for CT 133.06 and the data seems to have been corrected as the off-sale retail alcohol licenses erroneously attributed to CT 133.12 in the Applicant’s information are now listed within the correct CT, 133.06. It was as obvious on November 15 as it was on November 22 that ABC had mis-categorized three licenses into the wrong CT. To uphold the Applicant’s assertion would require the City to disregard the addresses, and common sense, and abide by the clear errancy in ABC’s data submitted by the Applicant. The argument that an additional off-site license is necessary is spurious at best due to the existence of at least three other licenses in the direct vicinity of the Project Site. Therefore, with the data issue rectified, the issue turns from one of necessity to the interests of the community and the desirability of this kind of use. The purpose of the Neighborhood Commercial Zone is to provide a shopping center for convenience shopping in a residential neighborhood setting where analysis of the residential population demonstrates that such facilities are “necessary” and “desirable”. Because the neighborhood is predominantly residential, members of the community contend a fourth liquor license is not desirable and does not contribute to the general well-being of the predominantly residential neighborhood. At the November 16 Public Hearing, nine members of the public spoke against the granting of the license. Several other individuals were present but chose not to make public remarks. Most of the public comments related to the issues of public safety and overconcentration. Outside of the Applicant and their representatives, no one spoke on behalf of the license being granted. In addition, as the date of this decision, City staff have received five letters, two of which had multiple signatories, related to this Project, and all were in opposition. From the public testimony, input and feedback received on the CUP application, it is clear this license is not desired in the community. Further, additional alcohol sales have the potential to negatively affect the residential nature of a neighborhood by drawing a greater transient population and attendant crime. Multiple area residents or business owners testified at the November 16 hearing that there had been a number of incidents of persons stealing alcohol at the current off-sale retail alcohol businesses in CT 133.06. But, due to changes in State laws regarding reducing the severity of consequences for crimes by minors and involving crimes regarding merchandise amounts below a certain value threshold, the residents or business owners said that the Page 423 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Notice of Decision CUP22-0023 December 2, 2022 Page 4 4 stealing of alcohol is typically not reported. Therefore, an additional off-site retail license is not necessary nor desirable as it will not contribute to the general well -being of this community, and it would increase the existing overconcentration of off-site licenses. Based on the above, the Zoning Administrator hereby finds that the proposed use at this location is not necessary nor desirable to provide a service that will contribute to the general well-being of this community. Such use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Based on testimony at the Public Hearing of November 16, 2022, by persons residing and working near the Project Site, an additional business selling alcohol in this area will negatively affect their quality of life and their health, safety, and general welfare by potentially increasing crime (as discussed above), traffic problems, and nuisance activities. No testimony nor data was provided by the Applicant making a counter argument that the granting of the license would somehow contribute to the health, safety, or general welfare of the community. By the ABC’s metrics, the proposed use would be detrimental to the surrounding community based on the population density of CT 133.06 using a ratio of one off-premises general license for each 2,500 persons in a census tract. Four (4) active retail licenses exist, while two (2) are allowed based on the aforementioned ratio. An additional license at the Project Site would exacerbate an existing overconcentration of alcoholic beverage licenses within the census tract. It is worth noting that a separate CUP application for alcohol sales is pending at 1498 Melrose Avenue, directly across the street from the Project Site. Based on the above, the Zoning Administrator hereby finds that granting the proposed use would be detrimental to the health, safety and general welfare of persons residing in the vicinity. The use will comply with the regulations and conditions specified in the code for such use. The approval of the CUP permitting alcohol sales at the Project Site is inconsistent with the standards and parameters established in both the California Alcoholic Beverage Control Act as well as in CVMC 19.58.430. Under this section, overconcentration may be found to exist based on (A) the number and location of existing facilities and (B) compliance with ABC overconcentration standards in effect at the time of project consideration. There are currently four (4) active off-site licenses located within Census Tract 133.06, where only two (2) are authorized by ABC. Based on the above, the Zoning Administrator hereby finds that the proposed use will not comply with the regulations and conditions specified in the CVMC for such use. Page 424 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Notice of Decision CUP22-0023 December 2, 2022 Page 5 5 Granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The proposed alcohol sales use is permitted with approval of a CUP in the CN Zone; however, pursuant to CVMC Section 19.14.080, if any one of the above factors are not met, then the subject CUP cannot be approved. Because findings cannot be made to support the previous three factors, the CUP cannot be approved. Based on the above, the Zoning Administrator hereby finds that this factor is not applicable due to the failure of the use to comply with the previously cited regulations set forth in the CVMC. The proposed conditional use, if located in the coastal zone, is consistent with the certified local coastal program and is consistent with the intent of the zoning district. The proposed Project Site is not within the coastal zone, and therefore, this factor is not applicable. BASED ON THE FINDINGS ABOVE AND PURSUANT TO CVMC SECTIONS 19.14.080 and 19.58.430, THE ZONING ADMINISTRATOR hereby denies Conditional Use Permit CUP22-0023 as described above. DENIED BY THE ZONING ADMINISTRATOR OF THE CITY OF CHULA VISTA, CALIFORNIA, this 2nd day of December 2022. ______________________________________ D. Todd Philips Zoning Administrator Attachments: 1. Applicant’s ABC Ad Hoc License Report for Census Tract 133.06 dated November 15, 2022 2. Applicant’s ABC Ad Hoc License Report for Census Tract 133.12 dated November 15, 2022 3. City’s Map of Off-Sale Licenses in Census Tract 133.06 4. Zoning Administrator’s ABC Ad Hoc License Report for Census Tract 133.06 dated November 22, 2022 Page 425 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 426 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 427 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 428 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 429 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda D e v e I o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing MY OF CHULA VISTA v f I APPEAL APPLICATION FORM A V, A Appeal the decision of the: Zoning Administrator Planning Commission 1021 DEC 15 P !. 4 b STAFF USE ONLY Date Received: Fee: Receipt # Case # Application Information I I Name of Appellant US SUPER GAS, INC. Phone 619-427-8362 Address 1495 MELROSE AVENUE, CHULA VISTA, CA 91911 Business Address 1495 MELROSE AVENUE, CHULA VISTA, CA 91911 Project Address 1495 MELROSE AVENUE, CHULA VISTA, CA 91911 Project Description ALCOHOL LICENSE Example: variance, conditional use permit, design review, etc.) Please use the space below to provide a response to the decision you are appealing. Attach additional sheets, if necessary. Grounds for an appeal must be based on at least one of the following: 1) Factual Error. The statements or evidence relied upon by the decision maker when approving, conditionally approving, or denying a permit, map, or other matter was inaccurate; 2) New Information. New information is available to the applicant or the interested person that was not available through that person's reasonable efforts or due diligence at the time of the decision; or 3) Findings Not Supported. The decision maker's stated findings to approve, conditionally approve, or deny the permit, map, or other matter are not supported by the information provided to the decision maker. In order for an appeal to be valid, detailed responses must be included which cite at least one of the above reasons for the appeal along with substantiation of the facts and circumstances on which the claim of theappeal is based. If an appeal is filed within the time limit specified, and determined to be valid, it automaticallystays proceedings in the matter until a determination is made by the City Council. 1.) THE ZONING ADMINSTRATOR OFFICER MISINTERPRETED THE CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL'S (ABC) RULING RELATED TO THE CENSUS TRACT DESIGNATION. 3.) THE ZONING ADMINISTRATOR CONTRADICTS HIMSELF WHEN MAKING FINDINGS TO DENY THE REQUESTED CUP BY CITING ABC TO SUPPORT HIS DECISION AND IN TURN IGNORES ABC'S STATEMENTS OF FACTS WHEN IT DOESN'T SUIT HIS ARGUMENT. Appeal Form Directions Pursuant to the Chula Vista Zoning Ordinance Chapter 19.14, an interested party may appeal the decision of the Zoning Administrator, or Planning Commission to the City Council. The appellant must be an interested party. An interested party means a person who was present at a public hearing from which an appeal arose and who had filed a speaker slip with the decision maker at that public hearing, or a person who expressed an interest in the project in writing to that decision maker before the close of the public hearing or a decision on an action from which an appeal may be filed. The appellant must file a complete appeal application form within the specified appeal period (10 business days after the decision has been made), complete the Disclosure Statement, and pay the required fee. Once a valid appeal form is filed, the appeal will be scheduled for a hearing by the City Council within 30 days. Signature of Appellant Date. DECEMBER 14, 2022 DO NOT WRITE IN THIS SPACE The above matter has been scheduled for public hearing before the: City Council On / Development Services Department City Clerk Oft APPEAL 276 Fourth Avenue I Chula Vista I California 1 91910 1 (619) 691.5101 Rev 5.14 Page 430 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 January 17, 2023 ITEM TITLE Zoning Administrator Appeal: US Super Gas, Inc. Conditional Use Permit for the Sale of Alcohol at 1495 Melrose Avenue Report Number: 23-0017 Location: 1495 Melrose Avenue Department: Development Services Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (“CEQA”) State Guidelines. Recommended Action Conduct a public hearing and adopt a resolution denying the appeal of US Super Gas, Inc. and affirming the Zoning Administrator’s decision denying Conditional Use Permit, CUP22-0023, for an off-site consumption alcohol license at 1495 Melrose Avenue, Chula Vista, CA 91911. SUMMARY On July 12, 2022, US Super Gas, Inc. (the “Applicant” and “Appellant”) submitted an application for a Conditional Use Permit (“CUP”) for the sale of beer, wine, and distilled spirits for off-site consumption at an existing service station, known as US Super Gas and Mini -Mart (“Project”), located at 1495 Melrose Avenue, Chula Vista, California (“Project Site”). The Project Site is zoned Neighborhood Commercial (CN), with a General Plan designation of Commercial Retail (CR). Upon review of the CUP application, staff verified the California Department of Alcohol and Beverage Control (“ABC”) provided the Chula Vista Police Department (“CVPD”) with a letter dated May 17, 2022 (Attachment 2) stating there is an overconcentration of licenses in the Census Tract where the Project Site is located. Further research confirmed that there are three (3) off-site consumption licenses and one (1) on-site consumption license issued by ABC within 500 feet of the Project Site. Additionally, staff’s research determined that the Project Site had previously been denied an off-site consumption license, first on November 20, 2012 by the City Council (Attachment 3) and then again on February 15, 2019 by the Zoning Administrator (Attachment 4). Both denials were predicated on the issues of there being an overconcentration of ABC licenses in the immediate vicinity and a lack of support from the Page 431 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 surrounding community. Staff notified the Appellant of these findings and indicated staff would recommend denial of the CUP application. Pursuant to Chula Vista Municipal Code (“CVMC”) Sections 19.34.030.B. (Conditional Uses) and 19.14.040 (Conditional Use Permits and Variance – Public Hearing Required When), the Applicant requested a public hearing with the Zoning Administrator. On November 16, 2022, the Zoning Administrator held a public hearing on the Applicant’s CUP application. At the hearing, nine members of the public spoke against the granting of the license. Several other individuals were present but chose not to make public remarks. Most of the public comments related to the issues of public safety and overconcentration. Outside of the Applicant and their representatives, no one spoke on behalf of the license being granted. In addition, City staff received five letters, two of which had multiple signatories, related to the Project, and all were in opposition. The Zoning Administrator considered all reports, evidence, and testimony presented at the public hearing with respect to the subject CUP application, and under the provisions of Sections 19.14.030(A) of the CVMC, made the required findings pursuant to CVMC Section 19.14.08 to deny the CUP application on December 2, 2022. On December 15, 2022, the Appellant filed an Appeal to the City Council (Attachment 5) citing the “Factual Error” and “Findings Not Supported” provisions of the Appeal Application. The Appeal specifically alleges the Zoning Administrator misinterpreted the ABC “ruling” related to the Census Tract designation (Factual Error), and that the Zoning Administrator contradicted himself when making the findings to deny the request (Findings Not Supported). This item now presents the Project for City Council consideration and action. The denial at issue is for the CUP. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On November 16, 2022, the Zoning Administrator held a public hearing on the Applicant’s CUP application. On December 2, 2022, the Zoning Administrator denied the application for the CUP. The Notice of Decision of the Zoning Administrator’s decision is provided as Attachment 6. DISCUSSION The Project Site is located at 1495 Melrose Avenue on the northeast corner of the intersection of East Orange Avenue and Melrose Avenue. East Orange Avenue is a four-lane east-west collector roadway leading to Interstate 805 (“I-805”) while Melrose Avenue is a local two-lane road connecting the neighborhoods located north and south of East Orange Avenue (see Attachment 1). A commercial center is located on the northwest corner of the intersection with a Chevron gas station, a Seafood-City Supermarket, and other neighborhood serving establishments. Immediately adjacent to the Project Site on the northeast corner of the intersection Page 432 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 is a smaller commercial strip of six retail establishments with a 7-Eleven at one end and Bobar Liquor at the other. South of East Orange Avenue is comprised of single-family residences. The proposed Project would add the ability to sell distilled spirits and alcohol for off-site consumption from the existing single-story service station comprised of a 1,583 square foot convenience store and a service station canopy with eight (8) fuel pumps. The hours of operation of the service station are from 8:00 AM to 12:00 AM (midnight) seven (7) days a week, with a maximum of three (3) employees at any one time. The project proposes to provide fifty-nine (59) square feet of floor area to be utilized for the sale of distilled spirits and alcohol, between the hours of 8:00 AM and 11:00 PM each day. The permitting of the sale of alcohol is a joint effort between ABC, CVPD, and the Development Services Department. ABC is the issuing authority of the license and has many different criteria it looks at when deciding whether to issue a permit at a particular location including, but not limited to, the number of other establishments licensed to sell alcohol in the vicinity (concentration), the crime rate of the area, and the underlying zoning of the property. When an application for an alcohol sales license is submitted to ABC, as a matter of routine, ABC notifies CVPD and inquires as to any comments or conditions CVPD may want to place on the license based upon the location, history, and crime rate of the area. ABC also requires an applicant to contact Development Services to obtain any required local permits for the sale of alcohol at the site prior to issuing the license. To determine the concentration of licenses in a given area, ABC utilizes and publishes Census Tract (“CT”) data and has established a limit of one license per every 2,500 residents in a CT. If there is more than one license for every 2,500 residents in a CT, then the area is considered “o versaturated” or “unduly concentrated.” The Project Site is located in CT 133.06. The population of CT 133.06 is 4,425 which equates to two (2) alcohol licenses in the CT (4,425 divided by 2,500 = 1.77). Currently, there are three (3) off-site consumption licenses and one (1) on-site consumption license issued by ABC within 500 feet of the Project Site. The issue at hand in this appeal is ABC’s data and what was published on their public-facing website. The Appellant has claimed two causes of action in their Appeal: Factual Error and Findings Not Supported. Factual Error The Appellant claims the Zoning Administrator “misinterpreted the California Department of Alcoholic Beverage Controls (ABC) ruling related to the Census Tract designation.” Up until th e November 16, 2022 hearing in front of the Zoning Administrator, there was some confusion with the data ABC was reporting for CT 133.06 and the neighboring CT, 133.12. Generally speaking, CTs 133.06 and 133.12 are separated by I- 805 with CT 133.06 to the west and 133.12 to the east. In their May 17, 2022 letter to CVPD, ABC clearly states the Project Site is in CT 133.06 and that there is an overconcentration of licenses in CT 133.06. The letter states two licenses are allowed and that 5 licenses exist in CT 133.06. The Appellant however presented evidence at the November 16 hearing seeming to contradict ABC’s own May 17 letter. The Appellant provided a screenshot of the ABC webpage reflecting only one license in CT 133.06 and four licenses in neighboring CT 133.12 (Attachment 7). The Appellant also provided a copy of a November 15, 2022 email exchange between the Appellant’s representative, Mr. Marco Polo Cortes, and Ms. Maritza Gonzalez of ABC’s San Diego District Office, whereby Ms. Gonzalez indicated that based upon Page 433 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 ABC’s website data, CT 133.06 was purportedly “undersaturated” (Attachment 8). Based upon this evidence, the Appellant is claiming the Zoning Administrator misinterpreted ABC’s “ruling.” However, on November 22, 2022, the Zoning Administrator independently verified that ABC’s website now reflects four licenses in CT 133.06 (Attachment 9). The three additional licenses had been moved from CT 133.12 as reflected on the Appellant’s screenshot and are now reflected properly in CT 133.06. Those three licenses were for the 7-Eleven, Bobar Liquor, and Seafood-City Supermarket, all located at the corner of East Orange Avenue and Melrose Avenue. Clearly the data proffered by the Appellant reflected a mistake in ABCs data that has since been rectified. Additionally, at the November 16 hearing, the Zoning Administrator pointedly asked the Appellant whether they disputed the addresses for the licenses attributed to CT 133.12 on their November 15 screenshot, were in fact physically located in CT 133.06. They did not dispute that fact and contended the Zoning Administrator should abide strictly by the number of licenses as reflected on their screenshot of ABC’s webpage and verified by email by Ms. Gonzalez and nothing more. Ms. Gonzalez’s email to Mr. Cortes was not a “ruling” by ABC, but merely a confirmation of what ABC’s website reflected at that time. Ms. Gonzalez’s letter dated May 17, 2022, to CVPD clearly places the Project Site in CT 133.06 and reflects an overconcentration in that area. While there may have been some confusion as to the veracity of ABC’s publicly facing data prior to November 22, that has since been rectified. Additionally, looking solely at the addresses of the license locations reflected on Appellant’s November 15 screenshot, it is clear three of licenses are in fact located at the northeast and northwest corners of East Orange Avenue and Melrose Avenue in CT 133.06, not on the eastside of I-805 in CT 133.12. Findings Not Supported The Appeal further alleges the Zoning Administrator “contradicts himself when making findings to deny the requested CUP by citing ABC to support his decision and in turn ignores ABC’s statements of facts when it doesn’t suit his arguments.” It is assumed the “statements of facts” the Appellant is referring to are the November 15, 2022 ABC screenshot and the email between Ms. Gonzalez and Mr. Cortes stating CT 133.06 was undersaturated. As stated above, it is the contention of the Zoning Administrator and City staff that the November 15, 2022 email exchange was merely a confirmation of what was then incorrectly reflected on the ABC webpage. The May 17 letter from ABC to CVPD, the address locations of existing licenses, and the corrected information on ABC’s website all point to an overconcentration of alcohol licenses at the intersection of East Orange Avenue and Melrose Avenue. To hold otherwise would be to defend erroneous information and allow for a fifth license at the intersection while subverting the desire of the surrounding community. Conclusion/Recommendation The intersection of East Orange Avenue and Melrose Avenue currently has three existing off-site consumption licenses issued by ABC, and a fourth would add to the already overconcentration of CT 133.06. Therefore, Staff recommends the City Council uphold the Zoning Administrator’s decision and deny the Appeal for the issuance of Conditional Use Permit, CUP22-0023. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item Page 434 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 5 does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the General Fund or the Development Services Fund as a result of this action. The Appeal fee, application fees, and all processing costs are borne by the Applicant/Appellant. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. ATTACHMENTS 1. Locator Map 2. ABC Letter to CVPD, dated May 17, 2022 3. City Council Resolution No. 2012-225, dated November 20, 2012 4. Zoning Administrator Notice of Decision, dated February 15, 2019 5. Appeal, dated December 16, 2022 6. Zoning Administrator Notice of Decision, dated December 2, 2022 7. Appellant’s Screenshot of ABC Webpage, dated November 15, 2022 8. Email Exchange Between Appellant and ABC, dated November 15, 2022 9. Zoning Administrator’s Screenshot of ABC Webpage, dated November 22, 2022 Staff Contact: D. Todd Philips, Planning Manager/Zoning Administrator, Development Services Laura C. Black, AICP, Director of Development Services Page 435 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Zoning Administrator Appeal: 1495 Melrose Ave. 1 City Council January 17, 2023 Item 8.2 Page 436 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2ALCOHOL LICENSING/PERMITTING -Sets Policies for Licensure -Licensure of Alcohol Sales -Determination of Public Convenience or Necessity (PCN) -Places Conditions on Licenses and/or Permits -City Council Sets Policy for Permitting -Issues Conditional Use Permits (CUP) for Sale of Alcohol -Places Conditions on Permits Page 437 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 3TYPES OF ALCOHOL LICENSES Type 20 -(Retail Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. (Off Sale) Type 21 -(Retail Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. (Off Sale) Types 40 and 42 are for bars and taverns Types 41 and 47 are for restaurants Page 438 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 4PROCESS -LICENSE •Application for license with ABC •ABC will inquire with Chula Vista Police Department (CVPD) as to PCN •CVPD determines if PCN is triggered based on: •Concentration of Similar Licenses in Area •Crime Rate in Area •CVPD will protest/conditionally approve the license or hold a public hearing on PCN •ABC will require Applicant to contact City for any permits needed prior to issuance of the license Page 439 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 5PROCESS -PERMIT •Application for CUP with City of Chula Vista’s Development Services Department (DSD) •DSD will inquire with CVPD and ABC as to: •Concentration of Similar Licenses in Area •Crime Rate in Area •DSD will verify sale of alcohol is permitted pursuant to zoning, land use, and development standards •Zoning Administrator will consider all evidence and issue a decision on the issuance of the CUP Page 440 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 6OVERCONCENTRATION Overconcentration of liquor licenses is calculated by census tract and is limited to “one [license] for each 2,500, or fraction thereof, inhabitants of the [census tract] in which the premises are situated” California Alcoholic Beverage Control Act, Section 23817.5(a)(1) Page 441 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 7OVERCONCENTRATION City of El Cajon: 17.210.160 National City: 18.30.050.D. City of San Diego: 141.0502(c)(2) City of San Marcos: 20.425.030.B.1. City of Solana Beach: 17.60.030.A.1. Page 442 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 8OVERCONCENTRATION City of Santa Monica Municipal Code Article 9.31.040: “To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption.” Page 443 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.9 2008: April 14, 2008 –Applicant filed a Public Convenience or Necessity (PCN) form with the Chula Vista Police Department (CVPD) for the permission to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave. May 14, 2008 –CVPD held a public hearing to determine if PCN had been met in order to sell alcohol at the site June 9, 2008 –CVPD determined PCN had not been met and filed such decision with the City Clerk June 17, 2008 –Applicant appealed CVPD’s PCN decision to the City Council Page 444 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.10 2008 (cont.): August 12, 2008 –City Council upheld CVPD’s decision that PCN had not been met (City Council Resolution No. 2012-225) citing issues of overconcentration and a lack of neighborhood support Page 445 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.11 2012: August 9, 2012 –Zoning Administrator (ZA) held public hearing on PCC-11-073 for the issuance of a Conditional Use Permit (CUP) to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave. August 24, 2012 –ZA issued a Notice of Decision approving a CUP for Type-21 licensed activities at the site September 11, 2012 –Lewis Brewer filed appeal of ZA’s decision November 20, 2012 –City Council upheld Mr. Brewer’s appeal and reversed the ZA’s decision, thus denying the CUP (City Council Resolution No. 2012-225) citing issues of overconcentration and a lack of neighborhood support Page 446 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.12 2018: January 24, 2019 –Zoning Administrator held a public hearing on CUP18-0023 for the issuance of a CUP to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave. February 15, 2019 –ZA issued a Notice of Decision denying the CUP for Type-21 licensed activities at the location due to issues of overconcentration and a lack of neighborhood support No Appeal was filed by the Applicant. Page 447 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.13 2022: May 17, 2022 –ABC sent CVPD a notice of application for a Type-21 license at 1495 Melrose Ave.; the letter stated the location of the business is in Census Tract 133.06 and that there is currently an overconcentration of Type-21 licenses in Census Tract 133.06 Page 448 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CT 133.06 -CONCENTRATION 14Page 449 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CENSUS TRACTS 133.06 & 133.12 15Page 450 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.16 2022 (cont.): May 25, 2022 –CVPD protested the issuance of the license and placed conditions on the license if ABC were to move forward with issuance: •Alcohol to be sold only between 8am and midnight, M-F •No loitering on premises •Owner must maintain litter-and graffiti-free premises •No loud amplification systems (for noise control) •All beer and malt beverages must be sold in manufacturer’s pre-packaged, multi-unit quantities •All US Super Gas employees must attend ABC training Page 451 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.17 2022 (cont.): July 12, 2022 –Applicant applied for a CUP with the Development Services Department for the sale of alcohol for off- site consumption (Type-21) at 1495 Melrose Ave. October 2022 –Planning staff reviewed the project and informed the Applicant that staff will recommend denying CUP22-0023 based on oversaturation of Census Tract 133.06 (per ABC guidelines); Applicant asked for public hearing in front of the ZA Page 452 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.18 2022 (cont.): November 15, 2022 –Applicant emailed ABC about ABC’s data reflected on their website and took screenshots of webpages Page 453 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.19 2022 (cont.): November 16, 2022 –Zoning Administrator held a public hearing on CUP22-0023 for the issuance of a CUP to sell alcohol for offsite consumption (Type-21) at 1495 Melrose Ave. December 2, 2022 –Zoning Administrator issued a Notice of Decision on CUP22-0023 denying the permit due to issues of overconcentration and a lack of neighborhood support December 15, 2022 –Applicant appealed ZA’s decision January 17, 2023 –City Council is scheduled to hear the Appeal for CUP22-0023 Page 454 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CENSUS TRACTS 133.06 & 133.12 20Page 455 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ABC LICENSES IN 133.06 21Page 456 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ZONING ADMIN’S DECISION 22Page 457 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIS OF APPEAL 23Page 458 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIS OF APPEAL 24Page 459 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIS OF APPEAL 25Page 460 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ABC LICENSES IN 133.06 26Page 461 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RECOMMENDATION Conduct a public hearing and adopt a resolution denying the appeal of US Super Gas, Inc. affirming the Zoning Administrator’s previous action denying Conditional Use Permit CUP22-0023 for an off-site consumption alcohol license at 1495 Melrose Avenue. 27Page 462 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Original Message----- From: Rafed < Sent: Saturday, March 04, 2023 1:29 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: US Super Gas, INC. Conditional use permit. Warning: External Email Hi,This is Rafed Younis highly recommend not to grant the gas station a liquor license because the is too many liquor licenses in the area and the traffic lights is very busy it might cause too many accident. Thank you for your consideration! Sent from my iPhone Item 7.1 - Written Communications Younis - Received 3/6/2023 mailto:rafedyounis@y ahoo.com mailto:CityClerk@chulavi staca.gov Page 463 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RECEIVED Ir -T,. C:JCityofChulaVistaC1ULAV1 ,S -fA City Council 1013 MAR -b A III* 39 Subject: March 7, 2023, US Super Gas Inc. for Alcoholic License hearing I object to issuing an alcohol license to the US Super Gas Incorporation. To have three premises within 100 feet of each other with licenses to sell alcoholic beverages is excessive. I am also worried that adding another alcoholic beverage license Would increase crime in the area becaLISC it would make alcohol more widely available. Especially I live across the street from both gas stations that are applying for alcoholic beverage licenses. I do not think US Super Gas Incorporation should be granted an alcoholic license for these reasons. Fabian E Villalobos Chula Vista, CA 91911 Item 7.1 - Written Communications Villalobos - Received 3/6/2023 Page 464 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City Council, C*.ty of Chula Vista, Case Number: 1495 Melrose Avenue, March 7, 2023 Granting US Super Gas Inc. an alcoholic beverage license will have a negative effect on the area directly surrounding the gas station. The intersection of Melrose Avenue and East Orange Avenue is already a busy and dangerous intersection. Adding more in -and -out traffic will increase the possibility of vehicle -vehicle and vehicle -pedestrian collisions. Vehicle -pedestrian accidents are of particular concern because of the students from the nearby schools that flood the intersections when school is out. These students may also have an easier time soliciting alcohol undetected due to the high volume of people going in and out of the gas station. Overall I believe the potential dangers that an alcoholic beverage license at the US Super Gas, Inc. gas station would bring are far too great to ignore, and the request should therefore be denied. Jesus Mendez Chula Vista, CA 91911 cr M 0 Item 7.1 - Written Communications Mendez - Received 3/6/2023 Page 465 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Original Message----- From: Christine Reyes < Sent: Monday, March 06, 2023 8:46 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Oppose Item 7.1 Warning: External Email City council, As a resident of Chula Vista surrounding the applicants location, I strongly oppose US Super Gas Inc. receiving a liquor license. The citizens of Chula Vista do not want another establishment selling alcohol when more than two liquor selling establishments exist minutes away with one adjacent to the applicant. I call on the city of Chula Vista to respect and consider the quality of life of the residents in our community and rejecting granting US Super Gas Inc. a liquor license by adopting resolution A.we are depending on city officials to do the right thing for our citizens. Thank you. Christine and Martin Reyes Sent from my iPhone Item 7.1 - Written Communications Reyes - Received 3/7/2023 mailto:creyes814@ic loud.com mailto:CityClerk@chulavi staca.gov Page 466 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Original Message----- From: Sales Route 301 < Sent: Tuesday, March 07, 2023 10:40 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Oppose item 7.1 Warning: External Email Please don't allow a new liquor license to this location already have enough stores with liquor already, I’m talking about the US super gas inc. thank you, Robert Carrillo Sent from my iPhone Item 7.1 - Written Communications Carrillo - Received 3/7/2023 mailto:abi1047583839@ic loud.com mailto:CityClerk@chulavi staca.gov Page 467 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Original Message----- From: Roni Younis < Sent: Tuesday, March 07, 2023 12:26 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Oppose Item 7.01 Warning: External Email I oppose the location to have liquor in the store due to many other stores already have liquor one more will be to much. Thank you Roni community member. Sent from my iPhone Item 7.1 - Written Communications Younis - Received 3/7/2023 mailto:roniy1288@ya hoo.com mailto:CityClerk@chulavi staca.gov Page 468 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 469 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 470 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 471 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 472 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 473 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 474 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 475 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 476 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 477 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 478 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 479 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 480 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 481 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 482 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 483 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 484 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 485 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 486 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 487 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 488 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 489 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 490 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 491 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 492 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 493 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 494 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 7.1 - Written Communications Received 3/7/2023 Page 495 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 496 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 497 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 498 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 499 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 500 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 501 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 502 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Zoning Administrator Appeal: 1495 Melrose Ave. 1 City Council Item 7.1 March 7, 2023 Page 503 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2Hearing on January 17, 2023 •Appeal of the Zoning Administrator decision heard at City Council on January 17, 2023. •City Council voted 3-1-0 to uphold the appeal and approve the CUP and directed staff to return at a future council meeting with a resolution reflecting approval of the CUP. Page 504 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 3Hearing on January 17, 2023 •Subsequent to the January 17th hearing, city staff reviewed and confirmed mailed notices were not mailed out to residents/owners as required for noticed public hearings for City Council. •This item has been properly noticed in the newspaper and mailed notices sent. Page 505 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 4ALCOHOL LICENSING/PERMITTING •Sets Policies for Licensure •Licensure of Alcohol Sales •Determination of Public Convenience or Necessity (PCN) •Places Conditions on Licenses and/or Permits •City Council Sets Policy for Permitting •Issues Conditional Use Permits (CUP) for Sale of Alcohol •Places Conditions on Permits Page 506 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 5TYPES OF ALCOHOL LICENSES Type 20 -(Retail Store) Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises. (Off Sale) Type 21 -(Retail Store) Authorizes the sale of beer, wine and distilled spirits for consumption off the premises where sold. Minors are allowed on the premises. (Off Sale) Types 40 and 42 are for bars and taverns Types 41 and 47 are for restaurants Page 507 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 6PROCESS –ABC LICENSE •Applicant applies for license •ABC asks CVPD for input ABC •PCN determination •Provide input/ conditions CVPD •Check zoning •Determine if permit is required DSD Page 508 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 7PROCESS –CUP PERMIT •Require applicant to contact City •Provide data on concentration ABC •Provide data on crime rate •Provide input/ conditions CVPD •Inquire on concentration and crime rate •Check zoning •Issue/Deny CUP DSD Page 509 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 8OVERCONCENTRATION Overconcentration of liquor licenses is calculated by census tract and is limited to “one [license] for each 2,500, or fraction thereof, inhabitants of the [census tract] in which the premises are situated” California Alcoholic Beverage Control Act, Section 23817.5(a)(1) Page 510 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 9OVERCONCENTRATION City of El Cajon: 17.210.160 National City: 18.30.050.D. City of San Diego: 141.0502(c)(2) City of San Marcos: 20.425.030.B.1. City of Solana Beach: 17.60.030.A.1. Page 511 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 10OVERCONCENTRATION City of Santa Monica Municipal Code Article 9.31.040: “To limit the potential for community problems such as public drunkenness, drunk driving, traffic accidents, violent crime, noise, and nuisance from an overabundance or overconcentration of the availability of alcohol and its consumption.” Page 512 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.11 April 14, 2008 May 14, 2008 June 9, 2008 June 17, 2008 August 12, 2008 PCN Hearing held by CVPD PCN form filed CVPD determined PCN not met PCN Appealed CVPD decision upheld by City Council 2008 Page 513 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.12 August 9, 2012 August 24, 2012 September 11, 2012 November 20, 2012 Notice of Decision approving permit Zoning Admin. (ZA) hearing ZA Decision Appealed ZA overturned; permit denied by City Council 2012 Page 514 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.13 January 24, 2019 February 15, 2019 No Appeal Notice of Decision denying permit Zoning Admin. (ZA) hearing 2018-19 Page 515 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.14 2022-23 Page 516 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CT 133.06 -CONCENTRATION 15Page 517 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CENSUS TRACTS 133.06 & 133.12 16Page 518 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.17 May 17, 2022 May 25, 2022 July 12, 2022 October 2022 CVPD protests and places conditions on license ABC sends letter to CVPD CUP applied for by Applicant DSD staff discover over- concentration; Public hearing requested 2022-23 Page 519 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.18 November 15, 2022 –Applicant emails ABC about data 2022-23 Page 520 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.19 November 16, 2022 December 2, 2022 December 15, 2022 January 17, 2023 Notice of Decision denying permit ZA hearing held Appeal filed Public hearing held 2022-23 Page 521 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CENSUS TRACTS 133.06 & 133.12 20Page 522 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ABC LICENSES IN 133.06 21Page 523 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ZONING ADMIN’S DECISION 22Page 524 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIS OF APPEAL 23Page 525 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIS OF APPEAL 24Page 526 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIS OF APPEAL 25Page 527 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ABC LICENSES IN 133.06 26Page 528 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RECOMMENDATION Conduct a public hearing and adopt a Resolution: A -Affirming the Zoning Administrator’s decision and denying the appeal for a CUP; or B -Affirming the appeal and approving the CUP for a license to sell beer, wine, and distilled spirits; or C -Affirming the appeal and approving the CUP for a license to sell only beer and wine at 1495 Melrose Avenue. 27Page 529 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BACKUP SLIDES 28Page 530 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HISTORY -1495 MELROSE AVE.29 Conditions Placed on ABC License by CVPD: May 25, 2022 –CVPD protested the issuance of the license and placed conditions on the license if ABC were to move forward with issuance: •Alcohol to be sold only between 8am and midnight, M-F •No loitering on premises •Owner must maintain litter-and graffiti-free premises •No loud amplification systems (for noise control) •All beer and malt beverages must be sold in manufacturer’s pre-packaged, multi-unit quantities •All US Super Gas employees must attend ABC training Page 531 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Development Agreement Amendment: Adopt an Amended Development Agreement for Otay Ranch Village Two Report Number: 23-0054 Location: South of Olympic Parkway, north and east of the Otay Landfill, north of Otay Ranch Village 3, and east of La Media Road. Department: Development Services Environmental Notice: The Project was adequately covered by a previously certified Final Supplemental Environmental Impact Report (FSEIR 12-01) – SCH No. 20040912 for the Otay Ranch Village Two Sectional Planning Area (SPA). Recommended Action: Place an ordinance on first reading amending the Otay Ranch Village Two Development Agreement. (First Reading) SUMMARY Proposal to amend the Otay Ranch Village Two (“Village Two”) Development Agreement to reflect the attachment of Fiscal Impact Fees and Extraordinary Public Benefit Contributions to specified residential lots within Village Two. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project was adequately covered by a previously certified Final Supplemental Environmental Impact Report (FSEIR 12-01) – SCH No. 20040912. Thus, no further environmental review is required. Page 532 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION On February 8, 2023, the Planning Commission voted 5-0 recommending that the City Council adopt an ordinance approving an amendment to the Village Two Development Agreement. DISCUSSION On November 18, 2014, the City Council approved a Development Agreement for Otay Ranch Village Two as part of the Village Two Sectional Planning Area (“SPA”) Plan Comprehensive Amendment (Attachment 2). The Development Agreement was executed on November 20, 2014 and recorded on December 10, 2014. The Development Agreement included a Fiscal Impact Fee and an Extraordinary Public Benefit Contribution component whereby, as consideration for the City’s approval of the 2014 amendment to the Village Two SPA Plan, Baldwin and Sons, LLC (“Applicant”) agreed to pay the additional fees for certain specified parcels and the associated units (2,479 units within Village Two, as shown in Exhibit F of the original Development Agreement). At the time of the original Development Agreement, the Applicant and Village II of Otay, LP (subsequently succeeded by Cornerstone Communities) each owned portions of properties within Village Two which were landlocked and not well aligned between the two respective ownerships. As the development of Village Two progressed, the Applicant and Cornerstone Communities (“Cornerstone”) agreed to exchange certain properties to allow for a more efficient site planning and land development process. This exchange took place in 2016 to allow for the different landowners to bring their respective housing product types to market in an orderly manner. The Applicant and Cornerstone each agreed to exchange 30 parcels with the other, but the Applicant’s Fiscal Impact Fees and Extraordinary Public Benefit Contributions did not follow the exchanged parcels. Accordingly, the original Development Agreement requires an amendment to reflect the transfer of the fees to the exchanged parcels which the Applicant received from Cornerstone. On March 25, 2021, the City received an application for a Development Agreement Amendment from the Applicant. The amendment includes changes to Exhibits A, B, and F of the original Development Agreement to reflect the 30 parcels exchanged between the Applicant and Cornerstone and the attachment of the fees to the Applicant’s parcels (“Project”). The Project proposes an amendment to Exhibit A to reflect the legal description and depiction of property owned by the Applicant within Village Two (Attachment 3). Additionally, the Project proposes an amendment to Exhibit B (Attachment 4) to reflect the revised neighborhood boundaries which were realigned as a result of the density transfer between several neighborhoods in Village Two South. The density transfer was approved on the revised Tentative Subdivision Map PCS16-006 on September 28, 2016, and was completed prior to the Applicant’s land swap with Cornerstone. The approved density transfer realigned the boundaries of the following neighborhoods: R17-A, R-17B(a), R-18A(c) (previously known as R-18A(a)), R-18A(d) (which absorbed a portion of the previously existing neighborhood R-18A(a) and the entirety of neighborhoods R-18A(b), and R-18B(b)), Page 533 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 R-18B (previously known as R-18B(a)), R-20, and R-21A. Finally, the Project proposes an amendment to Exhibit F, which identifies those neighborhoods that are subject to the payment of the Fiscal Impact Fee and Extraordinary Public Benefit Contribution for which the Applicant will remain responsible (Attachment 5). The Project does not change any other portions of the Development Agreement, as amended. The Applicant is responsible for payment of the fees for 2,479 units and is in compliance with the balance of the Amended Development Agreement. 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 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year impact to the General Fund or Development Services Fund as a result of this action. All processing costs are borne by the Applicant. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. All processing costs are borne by the Applicant. ATTACHMENTS 1. Locator Map 2. 2014 Village Two Development Agreement, dated October 31, 2014 3. Revised Exhibit A 4. Revised Exhibit B 5. Revised Exhibit F 6. Draft First Amendment to the Development Agreement 7. Planning Commission Resolution Staff Contact: D. Todd Philips, Planning Manager, Development Services Laura C. Black, AICP, Director of Development Services Page 534 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ORDINANCE NO. 2023- ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA, BALDWIN AND SONS, LLC AND ITS SUBSIDIARIES FOR PORTIONS OF OTAY RANCH VILLAGE TWO WHEREAS, the property which is the subject matter of this ordinance is identified in the Development Agreement attached hereto as Exhibit “A” and commonly known as portions of Otay Ranch Village Two (“Property”); and WHEREAS, the Project relied in part on the original Otay Ranch General Development Plan (“GDP”) Program Environmental Impact Report 90-01, the Otay Ranch Villages Two, Three and a Portion of Four Section Planning Area (“SPA”) Plan Final Second-Tier Environmental Impact Report (“EIR 02-02”; SCH No. 200.30.91.012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report (“EIR 12 -01”; SCH No. 200.30.91.012) the California Environmental Qualities Act (“CEQA”) Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Planning Commission set the time and place for a hearing on said Development Agreement and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 500 feet of the exterior boundaries of the Project site at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m. February 8, 2023, in the Council Chambers, 276 Fourth Avenue, and the Planning Commission approved the proposed amendments to the Development Agreement Between the City of Chula Vista and Baldwin and Sons, LLC and its Subsidiaries for Portions of Otay Ranch Village Two (“Development Agreement”), and voted 5-0 to adopt Resolution No. 2023-05 and thereby recommended that the City Council adopt an Ordinance amending the Development Agreement ; and, WHEREAS, the proceedings and all evidence introduced before the Planning Commission at the public hearing on the Project held on February 8, 2023, and the minutes and resolution resulting therefrom, are incorporated into the record of this proceedings; and, WHEREAS, on March 7, 2023, a duly noticed public hearing was scheduled before the City Council of the City of Chula Vista to consider adopting the ordinance to approve the Development Agreement; and WHEREAS, City staff has reviewed the Amendment to the Development Agreement and determined it to be consistent with the Otay Ranch GDP and the City’s General Plan. Page 535 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at their public hearing held on February 8, 2023, 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. II. COMPLIANCE WITH CEQA The City Council hereby finds that the adoption of the ordinance approving the Development Agreement for the Project, as described and analyzed in the Final SEIR 12 - 01, would have no new effects that were not examined in said Final SEIR (CEQA Guideline 15168 (c)(2)). III. CONSISTENCY WITH GENERAL PLAN AND OTAY RANCH GENERAL DEVELOPMENT PLAN The City Council finds that the proposed Amendment to the Development Agreement is consistent with the City’s General Plan and Otay Ranch GDP. The amended Development Agreement implements the General Plan and GDP by providing a comprehensive program to implement the SPA Plan and Tentative Map. Those plans provide design incorporating a mixture of land uses connected by a walkable system of public streets and pedestrian paths, neighborhood parks and plazas, retail opportunities, and commercial activities designed to promote a safe pedestrian environment. The Village Two site utilization plan, including the density, number of residential units, industrial acreage, and mixed -use area, is consistent with the General Plan and GDP, as amended. IV. ACTION The City Council hereby adopts an Ordinance approving the Amendment to the Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and its Subsidiaries for portions of Otay Ranch Village Two (a 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. IV. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Page 536 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Laura C. Black Jill D.S. Maland Director of Development Services Page 537 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda OLYM PIC PW H ER ITA G E R D LA MEDIA RDE PALO M AR ST B I R C H R D A AVS A N T A V IC T O R IA R DTELEGRAPH CANYON RD S A N T A V E N E T IA S T L A MEDI A PWOtay Landfill PROJECTLOCATION NORTH No Scale J:\Planning\Public Notices\MPA\MPA210009.pdf SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS: Otay Ranch V2 R-17B(a), R-17B(b), R-18A(c), R18B(b), R-20 1, R-21A Project Summary: The amendment includes a contiguous land swap MPA21-0009 PROJECT APPLICANT:LOCATOR MAJOR PROJECT APPLICATIONBaldwin & Sons C H U L A V ISTA D E V EL O P M EN T SERV IC ES D EPA RT M EN T NORTH MPA21-0009 swap ownership between Baldwin & Sons and Corner stone from: R-17B(a) 1 unit, R-17B(b) 2 units, R-18A(c)-6 units, R18B(b) 5 units and R-20 1 unit for total of 15 units to R-21A. Page 538 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APP VA Y T CITY OUNCI Gle R. Googins City Attorney Dated: / b / DEVELOPMENT AGREEMENT BETWEEN TI- CITY OF CHUI_A VISTA AI TD VILLAGE II OF OTAY HB SUB; OTAY RANCH II SUN 12, LLC; OTAY RANCH VILLAGE II-PC-15, LLC; VILLAGE II OF OTAY, LP; SUNRANCH CAPITAL PARTNERS, LLC; AND MONTECITO VILLAGE, LLC Page 539 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RECORDED AI REQUEST OF AND WHEN RECORDED RETURN IO: City of Chula Vista 276 Foulth Avenue Chula Vista, California 91910 Attn: City Clerk Fee Exempt - Gov't Code §6103 (Space above for Recorder's Use) DEVELOPMENT AGREEMENT among THE CITY OF CHULA VISTA, a California charter city and municipal corporation and the entities comprising the "OWNER" as defined in Section 1.16 below 60093 00025\9324655 6 24oct14 - t Page 540 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda IHIS DEVELOPMENI AGREEMENI ("Agreement") is entered into as of the EfFective Date (as defined below) by and among IHE CII'Y OF CHULA VISIA, a California charter city and municipal corporation ("City"), and the entities comprising the "OWNER" as defined in Section 1 16 below fhe City or the Owner are sometimes individually referred to in this Agreement as a "Party" and are collectively referred to as the "Parties" The Par'des enter into this Agreement with reference to the fbllowing recited facts (each a "Recital"): RECITALS A Io strengthen the public planning process, encourage private participation in comprehensive planning and to reduce the economic risk of development, the State of Califbrnia has enacted the Development Agreement Statute, found at Sections 65864 et seq,, of the California Government Code B Ihe City is authorized by the Development Agreement Statute and by its City Charter to enter into development agreements with persons and entities having legal or equitable interests in teal property fbr the purpose of establishing predictability for both the City and the property owner in the development process and in the provision of public infiastructure and public benefits C Owner has a legal or equitable interest in that certain real property consisting of approximately 362 7 acres of land located in the City of Chula Vista, County of San Diego, State of California, more particularly described and depicted in Exhibit "A" to this Agreement (the "Property") D Ihe Property is located in the Otay Ranch Village of Montecito Sectional Planning Area Plan ("SPA Plan") It is currently partially developed having previously been entitled by the City for the development contemplated by the SPA Plan E Owner desires to amend the land use designations for areas of the SPA Plan to allow for additional residential units, parkland, school site and CPF facilities to enhance the Property as a unified, walkable and mixed-use development which offers potential residents additional housing options (the "Project'), A general description and depiction of key elements of the Project is contained in Exhibit "B" to this Agreement I: Owner has equested that the City enter into a development agreement for the development of the Project on the Property, and the City desiles to enter into this Agreement pursuant to the provisions of the California Government Code, the City Charter, the General Plan, the City Municipal Code, and applicable City policies 60093 00025\9324655 4 -2 Page 541 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda G This Agreement assures that development of the Project will occur in accordance with the General Plan, the Otay Ranch General Development Plan ("Otay Ranch GDP"), the SPA Plan, as amended by the Prqject Approvals, and all of the implementing egulations for those various Plans H Ihis Agreement constitutes a current exercise of' the City's police powers to provide predictability to the Owner in the development approval process by vesting the permitted uses, density, intensity of use, and timing and phasing of the Project in exchange for the Owner's commitment to provide significant public benefits to City I Ihis Agreement is also intended to ensure that the Owner has provided nding sufficient to provide the adequate and appropriate infiastructure and public facilities required by the development of the Prqject, and that this infiastructure and public facilities will be available no later than when required to serve the Project's demand J The commitments of the Owne made in this Agreement allow the City to realize significant economic, recreational, park, open space, educational, social, public facilities or other public benefits These public benefits will advance the intelests and meet the needs of Chula Vista's residents and visitors to a significantly greate extent than would development of the Project under the current entitlements and absent this Agreement K In return for the Owner's commitment to provide these public benefits, the City is willing to exercise its authority to enter into this Agreement and to make a commitment of predictability for the development process for the Project AGREEMENI For good and valuable consideration, the City and Owner agree as fbllows: DEFINIq-IONS In this Agreement, unless the context otherwise requires, the following terms and phrases shall have the following meanings: 11 "Agreement" means this Development Agreement between the City and the Owne Ihe term "Agreement" shall include any amendment to the Agreement properly approved and executed pmsuant to the terms of this Agleement 12 "Approval Date" means the date on which the City Council conducted the fi,st reading ofthe Enabling Ordinance as part of the Project Approvals t3 "City" means the City of Chula Vista, a California charter city and municipal cmpmation 1 4 "City Charter" means the City ofChula Vista's City Charter 1 5 "City Council" means the governing body of the City 60093 00025\9324655 4 -3 Page 542 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 16 "City Manager" means the City Manager of the City or his m her designee 17 "City Municipal Code" means the Chula Vista Municipal Code 18 "Day" means a calendar day unless specifically stated as a "business day" 19 "Effective Date" means the date on which the Enabling Ordinance becomes effective and the Parties have each signed this Agreement 110 "Enabling Ordinance" means City Ordinance No Agreement was approved by which this 111 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Approval Date, including the General Plan, Otay Ranch GDP and SPA Amendments and other Project Approvals, but excluding any amendment or modification to the Land Use Regulations adopted, approved, or imposed after' the Approval Date that impairs or restricts Owner's rights set forth in this Agreement, unless such amendment or modification is expressly authorized by this Agreement or is agreed to by Owner in writing Owner has consented to the General Plan, Otay Ranch GDP and SPA Amendments and other Prcject Approvals in effect on the Approval Date, which shall all be considered part of the Existing Land Use Regulations 112 "General Plan" means the General Plan of the City of Chula Vista 113 "General Plan Amendment" means the amendments to the General Plan that are enacted as part of the Project Approvals 114 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of the City governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of' buildings, the provisions for reservation or dedication of'land for public purposes, the City's public improvement engineer ing ordinances, policies, rules, regulations and standards, and the design, improvement, construction, and initial occupancy standards and specifications applicable to the Prc ject "Land Use Regulations" do not include any City ordinance, resolution, code, rule, regulation or official policy governing: 1141 Ihe conduct or taxation of businesses, professions, and occupations applicable to all businesses, professions, and occupations in the City; 1142 Iaxes and assessments of general application upon all residents of the city 1143 Ihe control and abatement of nuisances 60093 00025\9324655 4 -4 Page 543 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 1 15 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of' trust or any other secmity-device, a lender, and their successors and assigns 1 16 "Owner" means, jointly and severally, VILLAGE II OF OIAY HB SUB, a California general partnership, OIAY RANCH II SUN 12, LLC, a Delaware limited liability company, OIAY RANCH VILLAGE II-PC-15, LLC, a Delaware limited liability company, VILLAGE Ii OF O'fAY, LP, a Delaware limited partnership, SUNRANCH CAPIIAL PARTNERS, LLC, a Delaware limited liability company, MONIECIIO VILLAGE, LLC, a California limited liability company, and Owner's successors and assigns as set forth in the Agreement Each individual Owner is jointly and severally responsible fbr all obligations of the Owner set forth in this Agreement 1 17 "Owner's Vested Right" shall have the meaning set fbrth in Section 4 1 I 18 "Otay Ranch GDP" means the Otay Ranch General Development Plan 1 19 1 20 "Otay Ranch GDP Amendments" means the amendments to the Otay Ranch GDP that are enacted as part of the Project Approvals "Parties" means the City on the one hand, and Owner on the other hand A "Party" means either the City or the Owner 1 21 "Project" means the development of the Property, including all related on-site and off-site improvements, as set forth in the Prc ject Approvals and Subsequent Project Approvals 1 22 "Project Approvals" means all permits and other entitlements approved or issued by the City for the use of; construction upon, and/or development of the Project on the Property A listing of' the Project Approvals is contained in Exhibit "C" to this Agreement 1 23 "Ptoperty" means the zeal property described and depicted in Exhibit "A" 1 24 "Reservation of Authority" or "Reserved Authority" means the rights and authority specifically reserved to the City which limits the assurances and rights provided to the Owner and the Owner's Vested Right under this Agreement 1 25 "Section" means a numbered section of this Agreement, unless specifically stated to refer to another document or mattes 126 "SPA Plan" means the Otay Ranch Village of Montecito Sectional Planning Area Plan 1 27 "SPA Plan Amendments" means the amendments to the SPA Plan that axe enacted as part of the Pmiect Approvals 60093 00025\9324655 4 -5 Page 544 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 1 28 "Subsequent Project Approvals" means all Project Approvals approved, granted, or issued after the Approval Date which are required or permitted by the Project Approvals, Existing Land Use Regulations, any applicable Subsequent Land Use Regulations and this Agreement A listing of the anticipated Subsequent Prc ject Approvals is contained in Exhibit "D" to this Agreement 129 "Subsequent Land Use Regulations" means those Land Use Regulations which are both adopted and effective after the Approval Date and which are not included within the definition of Existing Land Use Regulations "Subsequent Land Use Regulations" include any Land Use Regulations adopted by moratorium, initiative, City action, or otherwise 130 "Ferm" means the term of this Agreement as set forth in Section 61 of this Agreement 1NIERESI OF OWNER Owner represents that it has a legal or equitable interest in the Property and is authorized to enter into this Agreement PUBLIC HEARINGS On , after providing notice as required by law, City Council held a public hearing on this Agreement and made any legally required findings as set forth in the Enabling Ordinance 4 DEVELOPMENI OF IHEPROIECI 41 Owner's Vested Right Owner shall have the vested right to complete the Project during the Term in accordance with the Project Approvals, the Subsequent Project Approvals, the Existing Land Use Regulations, and subject to the City's Reservation of' Authority and this Agreement ("Owner's Vested Right") Owner's Vested Right shall include the off-site CPF rights described in Section 410 below 42 Governing Land Use Regulations Except as otherwise provided in this Agreement, the Land Use Regulations applicable to the development of the Project shall be those contained in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations Subsequent Land Use Regulations shall not apply to the development of the Project, unless expressly authorized by this Agreement or agreed to by Owner in writing 43 Permitted Uses. Except as otherwise provided within this Agreement, the permitted uses on the Property shall be as provided in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations 44 Density and Intensity; Requirement for Reservation and Dedication of Land Except as otherwise provided in this Agreement, the density and intensity of use for the development of the Project, and the requirements for reservation and 60093 00025\9324655 4 -6 Page 545 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda dedication of land, shall be as provided in the Project Approvals, the Subsequent Project Approvals and the Existing Land Use Regulations 45 Reselvation of Authority The following Land Use Regulations, Subsequent Land Use Regulations oi other requirements shall apply to the Propel'y and the Project: 45l Processing fees and charges imposed by the City to cover the City's estimated or actual costs of reviewing and processing applications for the Project, providing inspections, conducting annual reviews, providing environmental analysis, or for monitoring compliance with this Agreement or any Project or Subsequent Project Approvals granted or issued, provided such fees and charges are in force and effect on a general basis on the date of filing such applications with the City This Section shall not be construed to limit the authority of City to charge its then-cuH'ent, normal and customary application, processing, and permit fees for Prqject or Subsequent Project Approvals, building permits and other similar permits, which fees are designed to reimburse City's expenses attributable to such application, processing, and permitting and are in force and effect on a City-wide basis on the date of' filing such applications with City, notwithstanding the fact that such fees may have been increased by City subsequent to the Approval Date; 452 60093 00025\9324655 4 Development impact fees, monetary exactions or other mitigation requirements imposed by the City as a condition precedent to the issuance of any permit or approval to cover the impacts associated with the development of the Prqject ("Development Impact Fee"), as required by the Project Approvals or Subsequent Project Approvals, provided such fees or other mitigation requirements are in force and efIbct on a general basis on the date of filing for such permit m approval with the City However, this Agreement vests Owner the right, at its sole option, to defer the payment of the following Development Impact Fees, as applicable to the Project, and the Property, at the then-cmrent amount, until the request for final inspection of a building permit: Sewer Capacity Fee; Public Facility Development Impact Fee; Eastern Franspmtation Development Impact Fee; Western Fransportation Development Impact Fee; Telegraph Canyon Drainage Fee; Poggi: Canyon Sewer Development Impact Fee; Salt Creek Sewer Development impact Fee; Otay Ranch Village 1 and 5 Pedestrian Bridge Development Impact Fee; Otay Ranch Village 11 Pedestrian Bridge Development Impact l ee; Park Acquisition and Development Fee; and any successor or replacement fees fbr the fees named above Ihis Section shall not be construed to limit the authority of the City to charge its then-current, normal and customary impact fees or other mitigation requirements in place at the time of' the application for the permit or approval, notwithstanding the fact that -7 Page 546 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda such fees may have been incleased by the City subsequent to the Approval Date; 453 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure; 454 Ihe following, provided that they are uniformly applied to all development projects within the City: 4541 455 456 Unifbrm codes governing engineering and construction standards and specifications adopted by the City pursuant to state law Such codes include, without limitation, the City's adopted version of the Uniform Administrative Code, California Building Code, California Plumbing Code, California Mechanical Code, Califbmia Electrical Code, and California F ire Code; 4542 4543 4544 Local amendments to those uniform codes which are adopted by the City pursuant to state law, provided they pertain exclusively to the preservation of life and safety; Fhe City's standards and procedures regarding the granting of' encroachment permits and the conveyance of rights and interests which provides fbr the use of or the entry upon public property; and Ihe City's public improvement engineering ordinances, policies, rules, regulations and standards in etfect when construction drawings for those improvements are submitted to City City will reasonably consider requests for exceptions to and deviations fiom these public improvement engineering ordinances, policies, rules, regulations and standards necessary or desirable for implementation of the Prc ject or the Project Approvals Regulations which may be in conflict with this Agreement, but which are required to protect the public health and safety; State or federal laws or regulations which preempt local regulations or mandate local regulations or conditions that conflict with the development of the Prc ject This expressly includes mandates imposed through the Clean Water Act or the Porter-Cologne Water Quality Control Act; 60093 00025\9324655 4 -8 Page 547 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 4 5 7 Prior to exelcising the Reservation of Authority provided in Sections 4 55 and 45 6, the City shall provide Owner with written notice of the state or federal law ot egulation or the regulation required to protect the public health and safety that conflicts with this Agreement and a written explanation of the conflict created Within ten (10) days of the City's written notice, City and Owner shall meet and confer in good faith in a reasonable attempt to apply the state or federal law or regulation or the regulation required to protect the public health and safety in a manner that is most consistent with this Agreement, preserves the terms of this Agreement and that protects the rights of Owner as derived fiom this Agreement to the extent reasonably possible while still following the applicable law or regulation; 4571 Failure of City to provide notice identified in Section 45 7 shall not relieve Developer of its obligation to comply with such laws or regulations 47 46 4 58 Owner shall be issued building permits tot the Project after permit applications are reviewed and approved by City in the City's customary fashion for such review and approval; and 459 ]?he exercise of the power of eminent domain Vested Rights Upon Iermination Owner acknowledges that following termination of this Agreement, except as to any Prqject Approval or Subsequent Project Approval that has vested under state law without reliance on this Agreement, City may amend the General Plan, Otay Ranch GDP, SPA Plan or Land Use Regulations as they relate to the Project and the Property Compliance with CEQA Ihe City Council has found that the environmental impacts of the Proiect have been addressed in the Otay Ranch General Development Plan Program Environmental Impact Report 90-01, the Otay Ranch Villages Iwo, Ihree and a Portion of' l?out SPA Plan Final Second-Iier Environmental Impact Report ("EIR 02-02") (SCH#2003091012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report ("EIR 12-01") (SCH No 200 3091 012) Where the California Environmental Quality Act requires that an additional environmental analysis be performed in connection with a Subsequent Project Approval or other tute discretionary approval granted by the City for the Prcject, the Owner shall pay all of the City's reasonable costs to perform that additional analysis 48 liming of Development Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo, 37 Cal 3d 465 (1984), that the failure of the parties in that case to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over the palties' 60093 00025\9324655 4 -9 Page 548 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda agreement, it is the specific intent of the Parties to provide fbr the timing of the Project in this Agreement To do so, the Parties acknowledge and provide that, subject to express terms of this Agreement including, without limitation, Sections 4 5 5 and 4 56, Owner shall have the right, but not the obligation, to complete the Project in such order, at such rate, at such times, and in as many development phases and sub-phases as Owner deems appropriate in its sole subjective business judgment 4 9 Community Purpose Facilities. 491 Owner shall have the right to satisfy 9 0 acres of'its community purpose facilities (CPI?) requirements (Chula Vista Municipal Code Section 1948 025) for the Pr0iect through the provision of a CPI f ,cility on a 9 acre site located within the industrial area in Village 2 South (ie, either IND-2 or IND-3 as depicted on Chula Vista Tentative Map 12-05) Ihe City agrees that a non-profit (or for profit, if approved by the City Manager) vocational or adult education school will qualify as a permitted CPF use 4 9 2 Owner, with written approval fiom the City Manager, shall have the option, at its sole expense, to construct a swim facility in one of the future planned Neighborhood Parks (P-2, P-5 or P-6) as more particularly described on Exhibit "E" attached to this Agreement, funding that portion of the cost above what the normal PAD fees would otherwise cover frOwner elects to construct the swim facility: 4921 ]-he swim fiacility will be a public facility owned and operated by the City; 4922 Io exercise its option to construct a swim facility, Owner shall submit to the City Manager a preliminary facility plan and a preliminary budget for the facility, including ongoing operation and maintenance, in sufficient detail to allow the City Manager to assess whether the facility will be sustainable and will meet the amenities outlined in Exhibit "E" to this Agreement Within thirty (30) days of the City Manager's receipt of the preliminary facility plan and preliminary budget, the City Manager shall either provide Owner with written approval to construct the facility or' notify Owner of any deficiencies in the preliminary facility plan and preliminary budget that will need to be resolved to obtain the City Manager's written approval 60093 00025\9324655 4 4923 Upon written approval of' City Manager to pursue construction of the swim facility, City shall relieve Owner from the obligation to provide 39 acres of CPI in Village 7 as identified -10 Page 549 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda in the agreement between the City and Otay Project, LP dated August 22, 2012 and allow Owner to process an application to re-zone that land fiom open space and low density single family residential to a higher density single family or multi-family residential Owner will be allowed to apply for a transfer of approved units fiom Village 2 to Village 7; and 4924 Owner shall have the option to process an application to rezone the 0 9 acre CPF-2 site in Village 2 South to a single family zone consistent with the surrounding zoning 4 9 3 Prior to the eaalier of (1) issuance of a building permit in neighborhoods MU-2, MU-3 or C-1 or (2) issuance of' a permit for construction of' P-3 park, Owner shall commence construction on the CPF-7 site (planned to be the homeowner's association swim club) and work diligently to completion 4,94 Prior to approval of a Design Review application for any project in neighborhood MU-2, Owner shall demonstrate to the satisfaction ofthe Director of Development Services, the means by which the CPF-4 obligation will be met Provision of a facility will be consistent with the SPA Plan and the Montecito Village Core Master Precise Plan. 410 Community Facilities District Owner may choose to use a phased Community Facilities District (CFD) for the Project, which may have multiple improvement phases or bond series City and Owner shall meet and confer regarding reasonable ways to lower the amount, if teasible, Owner must pay for the City's administration costs associated with such a phased CFD approach while providing the City with sufficient funds to cover the costs associated with the phased approach 411 Fiscal Impact Fee The 2,479 units within the Project which are subject to the Public Benefit Contribution as defined in Section 5 1 1 and as shown in the Public Benefit Contribution Fable attached to this Agreement as Exhibit "F" shall be subject to an additional fiscal impact fee of eighty dollars ($80), payable at the time of building permit issuance, in complete satisfaction of all fiscal impact funding requirements of the City Municipal Code, including CVMC 1909 060(1), for the Project (the "Fiscal Impact Fee") Ihe Neighborhoods shown as exempt fiom the Public Benefit Contribution on the Public Benefit Contribution Table shall also be exempt fiom the Fiscal Impact Fee and any other fiscal impact funding requirements OWNER'S OBLIGAIIONS AND PROVISION OF PUBLIC BENEFITS 5 1 Extraordinary Public Benefit Contribution, 60093 00025\9324655 4 -1 1 Page 550 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 5ll As consideration for City's approval of' the 1,562 additional residential units for the Project approved on the Approval Date with the amendments to the General Plan, Otay Ranch GDP and the SPA Plan and perfbrmance of' its obligations set forth in this Agreement, Owner shall make a contribution to City to be used fot a public facility or facilities that shall be in addition to any other fee or charge to which the Property and the Project would otherwise be subject (the "Public Benefit Contribution") in the amounts specified in the table attached as Exhibit "F" (the "Public Benefit Contribution ]?able") The Public Benefit Contribution was calculated to equal Five Thousand Dollars ($5,000) for each of' the 1,562 additional residential units, although it would be spread over 2,479 units within the Property as described in the Public Benefit Contribution q?able 512 The Public Benefit Contribution for each residential dwelling unit shall be payable at the time of building permit issuance for the unit in accordance with the Public Benefit Contribution Iable Owner shall have no obligation to obtain building permits in any particular order or obtain building permits for all of the units shown on the Public Benefit Contribution Table Iherefore, there is no guarantee that the entire Public Benefit Contribution will be paid 513 Owner shall have the right to build the public facility or facilities to the satisfaction of the City Manager pursuant to a separate agreement with City pursuant to which Owner would have the right to reimbursement fiom Public Benefit Contributions previously made and credits against Public Benefit Contributions not yet made 514 Owner agrees and acknowledges that its failure to satisfy the provisions of this Section shall constitute a default of its obligations under the Agreement and that upon any such default the City may pursue any of the remedies provided in this Agreement 5 2 Public 1%cilities and Services 521 Owner shall complete construction of a half width (ie, two, striped one-way lanes) of Heritage Road between Santa Victoria Road and Main Street (the "Portion of Heritage Road") to the satisfaction of the City's Development Services Director before the earlier of (a) eighteen (18) months fiom the issuance of a rough grading permit on V2 South, or (b) December 31, 2016 (the "Completion Date") The Completion Date shall be extended because of events that cannot reasonably anticipated or controlled as described in Section 1116 of this Agreement 60093 00025\9324655 4 - 12 Page 551 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 5211 City shall reimburse Owner for the costs of all IDIF improvements within the Portion of Heritage Road in an amount equal to the cost of the improvements within the Portion of Heritage Road estimated in the establishment of the ]-DIF fee, as it may be amended flora time to time In the event that Owner anticipates the costs to exceed the amount estimated for the improvements, Owner shall seek to have the TDI1z amended such that the estimated costs equals that which the Owne anticipates At the time of the execution of this Agreement, City shall have collected a certain dollar amount for a portion of such reimbursement fiom pi0jects previously constructed within Village 2 Owner shall be entitled to reimbursement fiom such funds As additional IDII funds a e collected by the City, such fhnds shall be available for reimbursement q-his reimbursement shall be in lieu of' I'DIF credits for the amount reimbursed fiom TDII funds and subject to the verification/approval process specified in the "[DIF ordinance City shall give Owner IDIF credits, subject to the verification/approval process specified in the IDIF ordinance, to the extent of any difference between the full cost of the IDI1 improvements and the amount of' IDIF funds available to reimburse Owner 5212 Upon tequest fiom Owner, City shall establish a reimbursement district or reimbursement agreement for all costs (both IDIF and non-TDI1 ) of' the entire Heritage Road within six (6) months of the request All owners and properties benefiting fiom the construction of Heritage Road shall be included in the reimbursement district or agreement and shall be required to contribute their fair share portion of the construction costs 6 IERM AND IERMINATION 61 Ierm of A ;eement The Term shall commence on the Effective Date The Term shall continue for a period of twenty (20) years fiom the Effective Date, subject to the following: 6 1 1 Ihe Term shall be extended for periods equal to the time during which: 6111 Litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, or federal law, related in any way to the approval or implementation of' all or any part of the Prqject Approvals Any such extension shall be equal to the time between the filing of litigation, on the one hand, and the entry of' final judgment or dismissal, on the other 60093 00025\9324655 4 - 1 3 Page 552 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 6112 Any other delay occuls which is beyond the control of the Parties, as described in Section 1116 612 During the Ierm, certain portions of the Property may be released fiom this Agreement as provided elsewhere in this Agreement 613 As provided in Section 62 and elsewhere within this Agreement, the Ietm may end earlier than the end of the Ierm as specified in this Agreement 62 Termination This Agreement shall be deemed terminated and of no fmther effect upon the earlier occurrence of any of the following events: 621 Expiration of the Ierm as set forth in Section 61; 622 Entry of a final judgment setting aside, voiding, or annulling the adoption of the Enabling Ordinance; 623 Ihe adoption of a referendum measure overriding or repealing the Enabling Ordinance; 624 Completion of the Project in accordance with the terms of this Agreement, including issuance of all required occupancy permits and acceptance, as required by state law, by City, or the applicable public agency, of all required dedications and the satisfaction of all of Owner's obligations under this Agreement; and 625 As may be provided by other specific provisions of this Agreement 63 Effect of Termination Subject to Section 64, upon any termination of this Agreement, the only rights or obligations under this Agreement which either' Party shall have are: 631 The completion of obligations which were to have been performed prior to termination, other than those which are separately addressed in this Agreement; 632 The performance and cure rights set fbrth in Section 93; and 633 Those obligations that are specifically set forth as surviving this Agreement, such as those described in Sections 81 through 85 and 1120 64 Release of Obligations With Respect to Individual Lots Upon Certification of Occu a.p_fi.n 2 Notwithstanding any other provision of this Agreement: 60093 00025\9324655 4 -14 Page 553 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 64l When any individual lot has been finally subdivided and sold, leased, or made available fur lease to a member of' the public or any other ultimate user, and a certificate of occupancy has been obtained fbr the building(s) on the lot, that lot and its owner shall have no further obligations under' and shall be released fiom this Agreement 6 42 Upon the conveyance of any lot, parcel, or other property, whether residential, commercial, or open space, to a homeowners' association, property owners' association, or public or quasi-public entity, that lot, parcel, or property and its owner shall have no further obligations under and shall be released fiom this Agreement No formal action by the City is required to effect this release, but, upon Owner's request, City shall sign an estoppel certificate m other document to evidence the release 6 5 Term of Map(_s) and Other Proiect Approvals , 651 Subdivision Maps Pursuant to Government Code Section 664526, the term of all subdivision or' parcel maps that are approved for all or any portion of the Project shall be automatically extended to a date coincident with the Term and, where not prohibited by State law, with any extension of the ][erm 652 Other Project Approvals Pursuant to Government Code section 658639, the Project Approvals shall automatically be extended for a term ending concurrently with the applicable subdivision maps for the Prqject ANNUAL REVIEW 71 Timing of Annual Review Pursuant to Government Code Section 65865 l, at least once during every twelve (12) month period of the ]?erm, City shall review the good faith compliance of Owner with the terms of this Agreement ("Annual Review") 72 Standards for Annual Review, During the Annual Review, Owner shall be required to demonstrate good faith compliance with the terms of' this Agreement "Good faith compliance" shall be established if Owner is in compliance with the terms and conditions of this Agreement. If the City Council or its designee finds and determines that Owner is not in good faith compliance, then City may proceed in accordance with Section 93 pertaining to the potential def tult of Owner and the opportunities for cure Owner shall pay the City's reasonable fees and costs incurred in connection with the Annual Review 60093 00025\9324655 4 -15 Page 554 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 73 Procedures for Annual Review The Annual Review shall be conducted by the City Council or its designee Owner shall be given a minimum of sixty (60) days' notice of any date scheduled for an Annual Review '74 Certificate of Compliance At any time during any year that the City Council or its designee finds that Owner is not in default under this Agreement, City shall, upon written request by Owner, provide Owner with a written certificate of' good faith compliance within fifteen (15) days of City's receipt of that request 8 THIRD PARIY LIIIGA'IION 81 General Plan Litigation City has determined that this Agreement is consistent with its General Plan, the Otay Ranch GDP and the SPA Plan Owner has reviewed the General Plan, the Otay Ranch GDP and the SPA Plan and concurs with City's determination City shall not have any liability, whether through equitable or legal arguments, under this Agreement m associated approvals or documents (eg General Plans, SPA Plan, Maps) associated with this Agreement for Owner's development of' Village 2, for any failure of City to perform under this Agreement, m for the inability of Owner to develop the Property as contemplated by the Project Approvals or this Agreement, if such failure or inability is the result of a judicial determination that part or all of' the General Plan, Otay Ranch GDP or SPA Plan is invalid, inadequate, or not in compliance with law. 82 Ihird Party Litigation Concerning Proiect or Agreement Owner shall, at Owner's expense, defend, indemnify, and hold City, its officers, employees and independent contractors engaged in Project planning, approval, or implementation, harmless fiom any third-party claim, action or proceeding against City, its agents, officers or employees to attack, set aside, void, or annul the Project Approvals, Subsequent Project Approvals or this Agreement City shall promptly notify Owner of any such claim, action or proceeding, and City shall reasonably cooperate in the defense City may in its discretion participate in the defense of any such claim, action or proceeding ffthe City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense 83 60093 00025\9324655 4 Indemnit,2 In addition to the provisions of Section 82, Owner shall indemnify, defend and hold City, its officers, agents, employees and independent contractors, engaged in Project planning or implementation, ft'ee and harmless fiom any third party liability or claims based or alleged upon any act or omission of Owner, its officers, agents, employees, subcontractors and independent contractors, fbr property damage, bodily ir jury or death (Owner's employees included) or any other element of' damage of any kind or nature, relating to or arising fi om development of'the Pmiect, except for claims for damages arising through active negligence or willful misconduct of' City, its officers, agents, employees and -16 Page 555 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda independent contractors Owner shall defend, at Owner's expense, including attorneys' fees, City, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions of Owner City may in its discretion participate in the defense of any such legal claim, action, m proceeding If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense 84 Environmental Contamination Owner shall indemnify and hold City, its officers, agents, and employees free and harmless fiom any liability, based or alleged, upon any act or omission of' Owner, its ofticers, agents, employees, subcontractors, predecessors in interest, successors, assigns, and independent contractors, resulting in any violation of' any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under, or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission City may in its discretion participate in the defense of any such claim, action, or proceeding If the City uses its discretion to participate in the defense of any such claim, action or proceeding, the City shall pay its own attorneys' fees and litigation costs incurred in that defense 85 City to Approve Counsel; Conduct of' Litigation With respect to Sections 8.1 through 84, City reserves the right either (a) to approve the attorney(s) that Owner selects, hires, or otherwise engages to defend City, which approval shall not be unreasonably withheld or delayed, or (b) in the City's sole discretion, conduct its own defense with the understanding that Owner's attorneys shall be lead counsel and City's attorneys shall, to the maximum extent feasible, cooperate with Owner's attorneys If City elects to conduct its own defense, Owner shall reimburse City for all reasonable attorneys' fees and litigation costs incurred for such defense Owner shall have the right to audit all billings for such fees and expenses 86 Survival The provisions of'Sections 81 through 85 inclusive, shall survive the termination, cancellation, or expiration of this Agreement 9 DEI AULIS AND REMEDIES 9.1 Default by Owner Owner shall be in default of this Agreement if' it does any or any combination of the following: 911 60093 00025\9324655 4 Willfully violates any order, ruling or decision of any administrative or judicial body having jurisdiction over the Property or the Prqject Owner may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no default ofthis -17 Page 556 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Agreement shall be deemed to have occurred unless and until thee is a final, nonappealable judicial decision that Owner willfully violated such obligation 912 Fails to cure a material breach of this Agreement within the time set forth in a written notice of default fi'om the City 92 Default by City The City shall be in default of this Agreement only if it fails to cure a material breach of' this Agreement within the time set forth in a wlitten notice of'default fiom the Owner to the City 93 Notice and Iermination A Party alleging a default by any other Party shall serve written notice thereof Each such notice shall state with specificity all of the following: 931 Ihe nature of the alleged default, with reference to the specific Sections ot the Agreement that are alleged to have been breached and the specific facts supporting those allegations; 9 3 2 Ihe manner in which the alleged default may be satisfactorily cured 933 A period of time in which the default may be cured The notice of default shall allow at least sixty (60) days to cure the default If the default is of' such a nature as not to be susceptible of cure within sixty (60) days using diligent efforts, then the defaulting Party shall only be deemed to have failed to cure the default if it fails diligently to commence such cure within sixty (60) days or if it fails diligently to prosecute such cure to its conclusion 94 Default Remedies A Party who complies with the notice of defhult and opportunity to cure requirements of Section 9 3 may, at its option, institute legal action to cure, correct, or remedy the alleged default as provided in this Agreement 9.5 Owner's Remedy Ihe Owner acknowledges that the City would not have entered into this Agreement if it were to be liable in damages under or with respect to all or any part of the development of the Prc!ject Accordingly, Owner shall not sue the other City for damages m monetary ielief tbr any matter related to the development of the Project Owner's litigation remedies shall be limited to declaratory and irjunctive relief, mandate, and specific performance 96 Cit2 Remedy In the event of an uncured default by Owner, the City may pursue any and all available legal or equity remedies for the default 9'7 Waivel; Remedies Cumulative All waivers of performance must be in a writing signed by the Patty granting the waiver ihere are no implied waivels Failure 60093 00025\9324655 4 -1 8 Page 557 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda by City or Owner to insist upon the striet performance of any provision of'this Agreement, irrespective of the length of' time fol which such failure continues, shall not constitute a waiver of the right to demand strict compliance with this Agreement in the fiatute A written waiver affects only the specific matter waived and defines the per formance waived and the duration of'the waiver Unless expressly stated in a written waiver, fhture performance of the same m any other condition is not waived A Party who complies with the notice of default and opportunity to cure requirements of' Section 93, where applicable, and elects to pursue a legal or equitable remedy available under this Agreement does not waive its right to pursue any other remedy available under this Agreement, unless prohibited by statute, court rules, or judicial precedent Delays, tolling, and other actions arising under Section 1116 shall not be considered waivers subject to this Section 97 98 Alternative Dispute Resolution Any dispute between the Parties may, upon the mutual agreement of the Parties, be submitted to mediation, binding arbitration, or any other mutually agreeable form of' alternative dispute resolution While an alternative dispute process is pending, the statute of limitation shall be tolled tbr any claim or cause of action which either of the Parties may have against the other 10 ENCUMBRANCES, ASSIGNMEN]?S, AND RELEASES 101 Discretion to Encumber, Ihis Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering some or all of the Property or any improvement on the Property by any mortgage, deed of trust, or other security device to secure financing related to the Property or the Project Notwithstanding the foregoing, any prc ject or property shall be flee and clear ot all liens and encumbrances other than those previously approved in writing by the City prior to transfer to the City t02 Mortgagee Protection City acknowledges that the lender(s) providing financing secured by the Property and/or its improvements may require certain Agreement interpretations and modifications City shall, at any time requested by Owner or the lender, meet with Owner and representatives of such lender(s) to negotiate in good faith any such interpretation or modification, City will not umeasonably withhold or delay its consent to any requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement Any Mortgagee of the Property shall be entitled to the following rights and privileges: 60093 00025\9324655 4 -19 Page 558 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 1021 Neither enteling into this Agreement nora breach of' this Agreement shall defeat, render' invalid, diminish, or impair the lien of any mortgage or deed of'trust on the Property made in good faith and tbr value 1022 If City timely teceives a request fi'om a Mortgagee requesting a copy of' any notice of default given to Owner undel the terms of this Agreement, City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner the Mortgagee shall have the right, but not the obligation, to cute the default during the remaining cure period allowed Owner under Section 9 3 of this Agreement 1023 Except as otherwise provided within this Agreement, any Mortgagee who comes into possession of some or all of the Property pursuant to foreclosure of a mortgage ot deed of trust, or deed in lieu of' such foreclosure or otherwise, shall: 10231 Iake that property subject to the terms of this Agreement and as Owner' s successor; 10232 Have the rights and obligations of an Assignee as set forth in Sections 1051 and 105.3; 10233 Have the right to rely on the provisions of Section 4 of this Agreement, provided that any development proposed by the Morltgagee is in substantial conformance with the terms of this Agreement; and 10234 Not be liable for any defaults, whether material or immaterial, or monetary obligations of Owner arising prior to acquisition of title to the Property by the Mortgagee, except that the Mortgagee may not pursue development pursuant to this Agreement until all delinquent and current fees and other monetary obligations due undel this Agreement for the portions of' the Property acquired by the Mortgagee have been paid to City 103 Estoppel Certificate Within ten (10) business days following a written equest by either of the Parties, the othel Party shall execute and deliver' to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist 60093 00025\9324655 4 -20 Page 559 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modifications, except as may be represented by the requesting Party and that there are no uncured defuults in the performance of' the requesting Party, except as may be represented by the requesting Party The statement shall also provide any other reasonable information requested Owner shall pay to City all reasonable administrative costs incurred by City in connection with the issuance of' estoppel certificates under this Section prior to City's issuance of such certificates 104 Transfer or Assignment Subject to Section 105 and 106, each individual entity comprising Owner shall have the right to sell, transfer, or assign its rights and obligations under this Agreement (collectively, an "Assignment") in connection with a transfer of Owner's interest in all, any portion of, or any interest in the Property (the "fransferTed Property") No Assignment shall be made unless made together with the sale, transfer, or assignment of all or any portion of' Owner's interest in the Property At least fifteen (15) business days prior to the effective date of any Assignment, Owner shall notify City in writing of the proposed Assignment and provide City with an Assignment and Assumption Agreement, in a form substantially similar to Exhibit "G", executed by the purchaser, transferee, or assignee (collectively, the "Assignee") to expressly and unconditionally assume all duties and obligations of Owner under this Agreement remaining to be performed at the time of' the Assignment 105 Effect of Assignment Subject to Section 106 and unless otherwise stated within the Assignment, upon an Assignment: 1051 ]Fhe Assignee shall be liable for the performance of all obligations of Owner with respect to Transferred Property, but shall have no obligations with respect to the portions of' the Property, if any, not transferred (the "Retained Property") 1052 Ihe owner of the Retained Property shall be liable for the performance of all obligations of Owner with respect to Retained Property, but shall have no further obligations with respect to the Transferred Property 1053 The Assignee's exercise, use, and er joyment of' the Transferred Property shall be subject to the terms of this Agreement and the Assignee shall have all of the rights under this Agreement to the same extent as if the Assignee were the Owner 106 City's Consent. An Owner shall not be released fi'om its obligations with respect to the Transferred Property until it has obtained the City's consent to the transfer or assignment of all or a portion of' this Agreement, which consent shall not be 60093 00025\9324655 4 -21 Page 560 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda unreasonably withheld, conditioned m delayed 11 MISCELLANEOUS PROVISIONS 11 1 Rules of Construction The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory; "may" is permissive 112 Binding Effect of' Agreement This Agreement shall be recorded against the Property and shall tun with the land Until eleased or terminated pursuant to the provisions of this Agreement or until Owner has fully perfbtmed its obligations arising out of this Agreement, no portion of'the Property shall be released fi'om this Agreement If' an Owner acquires other teal property within Village 2, that additional teal property shall be subject to this Agreement 113 Entire Agreement 1-his Agreement constitutes the entice understanding and agreement of City and Owner with respect to the matters set forth in this Agreement ]?his Agreement supersedes all negotiations or previous agreements between City and Owner respecting the subject matter of this Agreement 114 Recmded Statement Upon Ietmination Upon the completion of performance of this Agreement or its cancellation or termination, a statement evidencing completion, cancellation, or termination signed by the appropriate agents of City, shall be tecmded in the Official Records of San Diego County, California 115 Amendment or Cancellation of' Agreement Ihis Agreement may be amended fiom time to time or canceled only by the written consent of both City and Owner in the same manner as its adoption, as set forth in Califbrnia Government Code Section 65868 Any amendment m cancellation shall be in a from suitable for recording in the Official Recmds of San Diego County, California An amendment m other modification of this Agreement will continue to relate back to the Effective Date of this Agreement (as opposed to the effective date of the amendment ot modification), unless the amendment m modification expressly states otherwise Ihe Parties recognize that because of' fiagmented ownership within Village 2, amendments to this Agleement may be appropriate to add ot delete property to m fi'om this Agreement to reflect consolidations of'property by Owner ]?he Parties agree to cooperate reasonably to p ocess such amendments if the need arises 116 Minm Changes/Operating Memmandum Ihe provisions of this Agreement requite a close degree of cooperation between the Parties It is anticipated that minm changes to the Project may be required fiom time to time to accommodate design changes, engineering changes, and other refinements related to the details of the Parfies' per fotmance Minm changes me those changes to the Ptqject that 60093 00025\9324655 4 -22 Page 561 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda are otherwise consistent with the Prqject Approvals, and which do not result in a change in the type of use, an increase in density or intensity of use, significant new or increased environmental impacts that cannot be mitigated, or violations of any applicable health and safety regulations in effect on the Approval Date Accordingly, the Parties may mutually consent to adopting minor changes through their signing of an operating memorandum reflecting the minor changes Neither the minor changes nor any operating memmandum shall require public notice or hearing The City Attorney and City Manager shall be authorized to determine whether proposed modifications and refinements are minor changes subject to this Section m more significant changes requiring amendment of this Agreement The City Manager may execute any operating memorandum for minor changes without City Council action Minor changes would include, without limitation, minor boundary or lot line adjustments necessary to properly reflect the applicability of this Agreement in the chain of title 117 Proiect as a Private Undertakin It is specifically understood by City and Owner that (i)the Project is a private development; (ii)City has no interest in or responsibilities for ot duty to third patties concerning any improvements to the Property unless City accepts the improvements pursuant to the provisions of' this Agreement or in connection with subdivision map approvals; and (iii)Owner shall have the full power and exclusive control of the Property, subject to the obligations of Owner set forth in this Agreement 11 8 Incorporation of Recitals Each of'the Recitals set forth at the beginning of this Agreement are part of this Agreement 119 C_C ptions The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of' this Agreement 11 10 Consent Where the consent or approval of City or Owner' is needed to implement Development under' this Agreement, the consent ot approval shall not be unreasonably withheld, delayed, or conditioned 11 11 Covenant of Cooperation City and Owner shall cooperate and deal with each other in good faith and assist each other in the perfolmance of the provisions of this Agreement 11 12 Execution and Recording The City Clerk shall cause a copy of'this Agreement or, at the City's discretion, a notice of the Agreement, to be signed by the appropriate representatives of the City and recorded with the Office of the County Recorder of' San Diego County, California, within ten (10) days following the Effective Date The failure of the City to sign and/or record this Agreement or 60093 00025\9324655 4 -23 Page 562 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda notice thereof shall not affect the validity of and binding obligations set forth within this Agreement 1113 Relationship of' City and Owner ]-he contractual relationship between City and Owner arising out of this Agreement is one of independent contractor and not agency ]-his Agreement does not create any third-party beneficiary rights 11 14 Notices All notices, demands, and correspondence required or permitted by this Agreement shall be in writing and delivered in person, sent by electronic mail, or mailed by first class or' certified mail, postage prepaid, addressed as follows: If to City, to: City of Chula Vista 276 fi omth Avenue Chula Vista, California 91910 Attn: City Manager' With a copy to: City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 If to Owner, to: Baldwin & Sons, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr Nick Lee AND Sunranch Capital Partners, LLC 610 West Ash Street, #1500 San Diego, California 92101 Attn: Mr, Stephen Haase With a copy to: Law Offices of R Martin Bohl 501 West Broadway, Suite 520 San Diego, California 92101 Attn: R Martin Bohl City or Owner may change its address by giving notice in writing to each of the other names and addresses listed above Ihereai er, notices, demands, and coriespondence shall be addressed and transmitted to the new address Notice 60093 00025\93246554 -24 Page 563 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda shall be deemed given upon personal delivery, the date of actual receipt or, if mailed, not later than two (2) business days following deposit in the United States mail 11 15 Waiver of' Right to Protest Execution of this Agreement is made by Owner without protest Ownel knowingly and willingly waives any rights it may have under Government Code section 66020 or any other provision of law to protest the imposition of any fees, dedications, reservations, or other exactions imposed on the Project as authorized by this Agreement, the Project Approvals or the Subsequent Prqject Approvals 1116 Delay for Events Beyond the Parties' Control (Force Maieure) Delay of Performance by either Party of its obligations under this Agreement shall not be deemed a breach of the Agreement and the ]?erm shall be extended, for periods equal to the time during which (1) litigation is pending which challenges any matter, including compliance with CEQA or any other local, state, ot federal law, related in any way to the approval or implementation of all or any part of the Prqject Approvals ot Subsequent PrQject Approvals Any such extension shall be equal to the time between the filing of' litigation, on the one hand, and the entry of' final judgment or dismissal, on the other All such extensions shall be cumulative; (2) a delay is caused by reason of' any event that cannot reasonably anticipated or controlled by the City or Owner which prevents or delays per formance by City or Owner of obligations under this Agreement Such events shall include, by way of example and not limitation, acts of nature, riots, sUikes, or damage to work in process by eason of fire, mud, rain, floods, earthquake, or other such casualties Such an event does not include a market or business downturn, recession ol other change in the business cycle 60093 00025\9324655 4 -25 Page 564 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda If' City m Owner seeks excuse from pet fotmance for the period of a delay, it shall provide written notice of such delay to the other' within thirty (30) days of the commencement of' such delay, If the delay m default, whether material or immaterial, is due to an event that cannot be reasonably anticipated ot controlled by City or Owner; it shall be excused, and an extension of time for' such cause shall be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon In the event of a disagreement between the Parties with respect to whether this Section applies to a particular delay, a Party may file an action for judicial review of' the matter, including requests for declaratory and/or irljunctive relief The right to seek judicial review shall not limit any other remedies, whether legal or equitable, to which a Party may be entitled 11 17 Interpretation and Governing Law In any dispute regarding this Agreement, the Agreement shall be governed and interpreted in accmdance with the laws of the State of California Venue for any litigation concerning this Agreement shall be in San Diego County, California 11 18 Iime of Essence ]?ime is of the essence in the perfbtmance of the provisions of' this Agreement as to which time is an element 11 19 Successors and Assigns Ihis Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns 1120 I utur e Litigation Expenses 11 20 1 12 Payment to Prevailing ParW. If either Party brings a legal m equitable proceeding against the other Party which arises in any way out of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees and all other reasonable costs and expenses incurred in that proceeding 11 202 Scope of Fees Attorneys' fees under this Section shall include attorneys' fees on any appeal and in any postzjudgment proceedings to collect or enforce the judgment This provision is separate and several and shall survive the termination of this Agreement EXHIBIIS All exhibits attached to this Agreement are incorporated as a part of this Agreement Ihose exhibits are: "A" Legal Description and Depiction of the Property "B" General Description and Depiction of the Project 60093 00025\9324655 4 -26 Page 565 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda "C" Listing of PrQject Approvals "D" Listing of Anticipated Subsequent Project Approvals "E" Description of Possible P-5 Swim Facility "F" Public Benefit Contribution Table "G" Assignment and Assumption Agreement (Signatures on following page) 60093 00025\9324655 4 -27 Page 566 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Owner and City have executed this Agreement on the dates set folth below CIIY OWNER CIIY OF CHULA VISIA, a California cha te [stgnature blocks next twopages] city and municipal co pomtion By:_ Mayor Date: AITESI: By:_ City Clelk APPROVED AS IO FORM: By:_ City Attorney 60093 00025\9324655 4 -28 Page 567 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda VILLAGE II OF OTAY HB SUB a California general partnership By: Village II of Otay, L P, a Delaware limited partnership, Its: Managing General Partner By: Its: Village II ofOtay GP, LLC, a Delaware limited liability company, Genelal P By: . Name: Nick Lee Iitle: Senior Pxoject Managex OTAY RANCH II SUN 12, LLC a Delawa /l //;bility company By: /Y Name: Nick Lee Iitle: Senior Project Manager OTAY RANCH VILLAGE II-PC-15, LLC a Delaware limited liability company By: Its: Heritage Building and Development, Inc, a California corporation Agent //// _.By: • _ Name: ..l. LeoIitle: 8g iior Project Manager 60093 00025\9324655 4 -29 Page 568 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda VILLAGE II OF OTAY, L,P, a Delaware limited partnership By: Its: Village Ii of Otay GP, LLC a Delaware limited liability company General Partner By: ./ Name: Nick Lee Iitle: Senior Project Manager SUNRANCH CAPITAL PARTNERS, LLC a Delaware limited liability company By: SunPac Advisors, LLC Its: Manager Name: Nick Lee Iitle: Senior Project Manager MONTECITO VILLAGE, LLC a California Hmited liability company Name: Nick Lee Iitle: Senior Project Manager 60093 00025\9324655 4 -30 Page 569 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT civil CODE § 1189 State of California County of San Diego On October' 30, 2014before me, Date personally appeared Cristin Beall, Notary Public Here nsert Name and Title of the Officer Nick Lee Name(s) oI Signer(s) .... c-,,ST;,%&[J -" "t #/ _.. Commission # 1996057 • z I ''']Notary Public- California z\San Diego County .... ...My co?m: E, r0, 2#7018 who proved to me on the basis of satisfactory evidence to be the person(whose named) is/a:e subscribed to the within instrument and acknowledged to me that he/y executed the same in his/h , authorized capacity(Jes-), and that by his/he#-t-heir signature(8 , on the instrument the person(, or the entity upon behalf of which the person,'0 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 Place Notary Seal Above OPTIONAL Though the information below )s not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Village 2 Development Agreement not yet datedDocument Date: Number of Pages: 42 Signer(s) Other Than Named Above: Cit;y o V f- Capacity(ies) Claimed by Signer(s)Nick LeeSigner's Name: Corporate Officer- Title(s): P,!oj ectSenior [] Individual RIGHT THUMBPRIN] OF SIGNER D Partner -- [] Limited [] General Top of thumb here [] Attorney in Fact El Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Signer's Name: [] Corporate Officer -- Title(s): [] Individual [] Partner -- [] Limited [] General [] Attorney in Fact D Trustee Guardian or Conservator D Other: RI OF SIGNER Signer Is Representing: Top of thumb here © 2010 National Notary Association NatlonalNotary org 1 800 US NOTARY (1 800 876 6827) item #5907 Page 570 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "A" LEGAL DESCRIPTION AND DEPICTION OF THE PROPERTY EXHIBI T A 60093 00025\9324655 4 Page 571 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Exhibit A VILLAGE TWO OWNERSHIP - DEVELOPMENT AGREEMENT Owner Legal Description Village II of Otay HB SUB, GP Lots 34, 35 and 41 of Chula Vista Tract No 11-05 Otay Ranch Village 2 North "A" Map No 2 and Otay Ranch Village 2 North Neighborhood R-SB Unit No 1, in the City of Chula Vista, County of San Diego, State of California according to Map thereof No 15865 filed in the office of the County Recorder of said county May 7, 2012 Lots 26 and 33. of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Otay Ranch II Sun 12, LLC Lot 1 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 3.5350 filed in the office of the County Recorder of said County May 26, 2006. Otay Ranch Village II-PC-15, LLC SunRanch Capital Partners, LLC Montecito Village, LLC Village II of Otay, L P Lots "E" and "F" of Chula Vista Tract No 06-05 Otay Ranch Village 2 Neighborhood R-15A, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15862 filed in the office of the County Recorder of said county April 4, 2012. Lots 28 and 33 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Lot 30 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Ma p, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. Lots 4, 5, 9, and 14 of Chula Vista Tract No 06-05 Otay Ranch Village 2 and Portions of Village 4 "A" Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No 15350 filed in the office of the County Recorder of said county May 26, 2006. 10/17/14 Page 572 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Exhibit A North 5oo¸ Loo D men i ll & L ca i a Shown afeApp ximaEe LEGEND Owner's Property Page 573 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "B" GENERAL DESCRIPTION AND DEPICTION OF THE PROJECT EXHIBIT B 60093 00025\9324655 4 Page 574 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Exhibit B Fire Station #7 Otay Ranch High School R-30 MU-3 State Street VILLAGE OF HERITAGE(Village 1) VILLAGE OF SANTA VENETIA(Village 6} BirchRoad R-14 HERITAGE HILLS(Village One West) IND-1B IND-IA SCHOOL ,- Ro21B Landfill Buffer Line North R-23 IND-3 R-2O CPF*2OTAY LANDFILL / Preserve OS/2 VILLAGE 4 LEGEND R Residential S School P Park CPF Community Purpose Facility OS Open Space C Commercial PQ Public/Quasi-Public MU Mixed Use IND Industrial Page 575 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "C" LIS IING OF PROJECT APPROVALS 1 Otay Ranch Villages Two, Three, and a Portion of Village Four' Sectional Planning Area Plan F inal Second Tier Environmental Impact Report (EIR 02-02) 2 Supplemental Environmental Impact Report (SEIR-12-01) 3 Ihe Village 2 Sectional Planning Area (SPA) Plan as amended (PCM 12-18) 4 Tentative Map for Otay Ranch Village 2 (PCS 06-05) 5 Tentative Map for Otay Ranch Village 2 North (PCS 12-02) 6 Tentative Map tbr Otay Ranch Village 2 West (PCS 12-03) 7 Tentative Map tbr Otay Ranch Village 2 R-15b and R-31 (PCS 12-04) 8 Tentative Map tot Otay Ranch Village 2 South (PCS 12-05) 9 Otay Ranch Village 2 Development Agreement ( ) 10 Otay Ranch Village 2 Pa ks Agreement (. ) 11 All design review approvals and grading, improvement and building permits issued in connection with the above approvals EXHIBIT C 60093 00025\9324655 4 Page 576 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "D" LISTING OF ANTICIPATED SUBSEQUENT PROJECT APPROVALS No Subsequent Prc!ject Approvals are anticipated other than design review approvals and grading, improvement and building permits issued pursuant to the Prc!ject Approvals EXHIBIID 60093 00025\9324655 4 Page 577 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "E" DESCRIPTION OF POSSIBLE SWIM FACILITY AMENITIES A public swim club designed and constructed by Owner could include the following facilities/amenities to the satisfaction of the City Manager: • 25 yard, 8 lane pool with a minimum surface pool area of 5,000 sf • Wading pool or splash pad amenity; • Water slides/play structure and a water exelcise area; • Pool decking with public viewing area • Shade structures • Administrative ottice space; • Lifeguard office; • Restrooms/changing rooms; • Shower facilities; • Storage space; • Pool equipment room; • Snack bar and concession stand All buildings and required parking will be designed to meet the standards of the Village Design Plan and the Montecito Village Core Master Precise Plan All facilities shall be fully ADA accessible A parking study shall be provided to demonstrate adequate onsite parking will be provided to serve the facility EXHIBII E 60093 00025\9324655 4 Page 578 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "F" PUBLIC BENEFIT CONTRIBUTION TABLE Neighborhoods/units subject to extraordinary benefit contribution: Neighborhood Total Units R-4B(a) 111 R-4B(b) 275 R-8C 51 R-12 600 R-16B 17 R-17B(a) 34 R-17B(b) 95 R-18A(b) 24 R-18B(b) 5 R-19B 39 R-20 80 R-21B 53 R-23 93 R-24 59 R-25A 330 R-27 175 R-31 25 MU-1 38 MU-2 50 MU-3 90 C-I 235 Total Units 2479 Fee amount: Contribution Units Total Amount Contributing Contribution Units 1-2129 $2,84641 2129 $6,060,000 Units 2130-2479 $5,00000 350 S 1,750,000 Total 2479 $7,810,000 Neighborhoods R-5B, R-6, R-8A, R-8B, R-9B, R-10A, R,10B, R-11, R-13, R14 & R-15b are exempt flom extraordinary benefit contribution, EXHIBIT F 60093 00025\9324655 4 Page 579 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT "G" ASSIGNMENT AND ASSUMPTION AGREEMENT EXHIBII G 60093 00025\9324655 4 Page 580 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ASSIGNMENT AND ASSUMPTION OF DEVELOPMENI AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF DEVELOPMENI AGREEMENT ("Assignment") is made as of the __ day of _, 20 ("Effective Date"), by and among the ("Owner") and .("Assignee") with reference to the following facts: RECITALS A Owner is a party to that certain Development Agreement, dated __., __ by and between the City of Chula Vista ("City"), on the one hand, and [list all owners] ("Owner") on the other hand ("Agreement") for certain Teal property consisting of approximately acres of land located in the City, mote particular ly described in Exhibit "A" ("Property") B Owner desires to assign and delegate, and Assignee desires to accept and assume, all of Owner's tights and obligations under the Agreement in accordance with the terms and conditions set forth herein C By signing this Assignment, the City approves the Assignment in accordance with the terms and conditions set forth herein and in the Agreement AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which ate hereby acknowledged, Owner and Assignee do hereby agree as follows: 1 Assignment and Assumption Effective as of the Effective Date, Owner hereby assigns, transfers, and conveys to Assignee all of Owner's tights, interest, duties, liabilities, and obligations in, to, and under the Agreement, and Assignee hereby accepts and assumes all such rights, interests, duties, liabilities, and obligations unde the Agreement fiom Owner for [the Property or a portion of the Property] ("Assigned Property") [, except to the extent Owner has retained a portion of the Property (the "Retained Property")] 2 City Consent to Assignment Effective as of the Ef bctive Date, City hereby consents to the Assignment and hereby fully releases and forever discharges Ownel fi'om any and all obligations to City under the Agreement fbr the Assigned Property, [except Owner's obligations with respect to the Retained Property] 3 Entire Agreement This Agreement represents the final and entire agreement between the parties in connection with the subject matter hereofand may not be modified except by a written agreement signed by both Ownel and Assignee 3 Govemin Law ]-his Agreement has been prepared, negotiated, and executed in, and shall be construed in accordance with, the laws of the State of California, without regard to conflict of law rules EXHIBIT G-1 60093 00025\9324655 4 Page 581 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above vclitten Ownel : By:. Assignee: By:. Name: Its: City: City of Chula Vista, a California Municipal Corporation By:_ Name: Its: EXHIBII G-2 60093 00025\9324655 4 Page 582 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 1 of 2 M:\2807\15\Legal Description\A06 V2 Dev Agmt Exhibit A.docx EXHIBIT A VILLAGE TWO OWNERSHIP – DEVELOPMENT AGREEMENT Owner Legal Description V2 Mixed Use, LLC Lots 4, 9, and 14 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and Portions of Village 4 “A” Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15350, filed in the Office of the County Recorder of San Diego County, May 26, 2006. V2 Commercial, LLC Lot 5 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and Portions of Village 4 “A” Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15350, filed in the Office of the County Recorder of San Diego County, May 26, 2006. V2 N IND 1(b), LLC Lot 28 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and Portions of Village 4 “A” Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15350, filed in the Office of the County Recorder of San Diego County, May 26, 2006. R-12 A, LLC Lot 1 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 Neighborhood R-12, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 16060, filed in the Office of the County Recorder of San Diego County, September 21, 2015. R-12 B, LLC Lot 2 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 Neighborhood R-12, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 16060, filed in the Office of the County Recorder of San Diego County, September 21, 2015. Village II of Otay LP Lot “E” of Chula Vista Tract No. 06-05 Otay Ranch Village 2 Neighborhood R-15A, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15862, filed in the Office of the County Recorder of San Diego County on April 4, 2012. Parcel B of Certificate of Compliance recorded November 6, 2017 as Instrument No. 2017-0516728, being Lot “F” of Chula Vista Tract No. 06-05 Otay Ranch Village 2 Neighborhood R-15A, according to Map thereof No. 15862 filed in the Office of the County Recorder of San Diego County April 4, 2012 together with a portion of Lot 4 of Chula Vista Tract No. 11-05 Otay Ranch Village 2 Neighborhood R- 10B/Pipeline, according to Map thereof No. 16094 filed in the Office of said County Recorder February 22, 2016, all in the City of Chula Vista, County of San Diego, State of California. Baldwin & Sons, LLC Lot 5 of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North Neighborhood R-10B/Pipeline, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 16094, filed in the Office of the County Recorder of San Diego County February 22, 2016. Page 583 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 2 of 2 M:\2807\15\Legal Description\A06 V2 Dev Agmt Exhibit A.docx R25A Townhomes, LLC Parcels 1 and 2 of Parcel Map 21869 in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego, on August 20, 2021. R25A Flats, LLC Parcel 3 of Parcel Map 21869, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego, on August 20, 2021. Sunranch Capital Partners, LLC Lots 9, 10, and 11 of Chula Vista Tract No. 12-05 Otay Ranch Village 2 South “A” Map No. 1, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 16112, filed in the Office of the County Recorder of San Diego County, June 22, 2016. Village II of Otay HB SUB, GP Lot 26 of Chula Vista Tract No. 06-05, Otay Ranch Village 2 and Portions of Village 4 “A” Map, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15350, filed in the Office of the County Recorder of San Diego County, May 26, 2006. Lots 34 and 35 of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North “A” Map No. 2 and Otay Ranch Village 2 North Neighborhood R-5B Unit No. 1, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 15865 filed in the Office of the County Recorder of San Diego County May 7, 2012. Lot “I” of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North Neighborhood R-10B/Pipeline, in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 16094, filed in the Office of the County Recorder of San Diego County February 22, 2016. Parcel “B” of Certificate of Compliance recorded March 29, 2018 as Instrument No. 2018-0125606, being 1 of Chula Vista Tract No. 11-05 Otay Ranch Village 2 North Neighborhood R-10B/Pipeline, according to Map thereof No. 16094, filed in the Office of the County Recorder of San Diego County February 22, 2016 together with a portion of Lot “A” of Chula Vista Tract No. 11-01 Otay Ranch Village 2 and Portions of Village 4 Neighborhood R-7 Unit No. 2, according to Map thereof No. 15868 filed in the Office of said County Recorder June 6, 2012, all in the City of Chula Vista, County of San Diego, State of California. Page 584 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda HUNSAKER& ASSOCIATES S A N D I E G O, I N C. 9707 Waples Street (858)558-4500 San Diego, CA 92121 Exhibit A LEGEND Owner's Property Page 585 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Business Park EXHIBIT "B" Mixed Use Page 586 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT “F” PUBLIC BENEFIT CONTRIBUTION TABLE Neighborhoods/units subject to extraordinary benefit contribution: Neighborhood Total Units R-4B(a) 111 R-4B(b) 275 R-9B 21 R-12 600 R-16B 17 R-17B(a) 33 R-17B(b) 78 R-18A(c) 18 R-19B 39 R-20 79 R-21A 15 R-21B 53 R-23 93 R-24 59 R-25A 330 R-27 175 R-31 21 MU-1 31 MU-2 93 MU-3 61 C-1 277 Total Units 2,479 Fee Amount: Contribution Amount Units Contributing Total Contribution Units 1 -2,129 $2,846.41 2,129 $6,060,000 Units 2,130 – 4,479 $5,000.00 350 $1,750,000 Total 2,479 $7,810,000 Neighborhoods R-5B, R-6, R-8A, R-8B, R-10A, R-10B, R-11, R-13, R-14 and R-15b are exempt from extraordinary benefit contribution. Page 587 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 1 RECORDED AT REQUEST OFAND WHEN RECORDED RETURN TO: City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Attn: City Clerk Fee Exempt Per Gov’t Code Section 6103 (Space above for Recorder’s Use) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR OTAY RANCH VILLAGE TWO between the CITY OF CHULA VISTA, and VILLAGE II OF OTAY HB SUB, OTAY RANCH II SUN 12, LLC, OTAY RANCH VILLLAGE II-PC-15, LLC, VILLAGE II OF OTAY, L.P., SUNRANCH CAPITAL PARTNERS, LLC, MONTECITO VILLAGE, LLC THIS FIRST AMENDMENT TO THE DEVLEOPMENT AGREEMENT FOR OTAY RANCH VILLAGE TWO ("Amendment") dated for reference purposes only as of ________________, 2023, is entered into by and among THE CITY OF CHULA VISTA, a California charter city and municipal corporation ("City"), and VILLAGE II OF OTAY HB SUB, a California general partnership, SUNRANCH CAPITAL PARTNERS, LLC, a Delaware limited liability company (collectively, the “Original Owners”), and V2 MIXED USE, LLC, a California limited liability company, V2 COMMERCIAL, LLC, a California limited liability company, V2 N IND 1 (b), LLC, a California limited liability company, R-12 A, LLC, a California limited liability company, R-12 B, LLC, a California limited liability company, BALDWIN & SONS, LLC, a California limited liability company, R25A Townhomes, LLC, a California limited liability company, and R25A Flats, LLC, a California limited liability company (collectively) “New Owners”), with reference to the following facts: RECITALS A. The Original Owners and the New Owners are sometimes individual referred to as an “Owner” and collectively as “Owners”. The City and the Owners are sometimes individually referred to in this Amendment as a "Party" and collectively as the "Parties". B. Original Owners and City are parties to that certain Development Agreement fully executed November 20, 2014 and recorded in the Official Records of the County of San Diego, State of California, on December 10, 2014 as Doc. No. 2014- 0543535 (“Development Agreement”) for certain real property (“Property”) Page 588 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 2 consisting of approximately 362.7 acres of land located in the City of Chula Vista, State of California, more particularly described and depicted in the original Exhibit A to the 2014 Development Agreement. Terms not otherwise expressly defined in this Amendment shall have the same meanings ascribed thereto in the Development Agreement. C. Since the Effective Date of the Development Agreement, certain of the Original Owners have (1) transferred ownership in one or more parcels comprising the Property to certain of the New Owners that are affiliates thereof, (2) exchanged properties pursuant to the terms of that certain Land Development Cooperation Agreement between Baldwin & Sons, a California limited liability company, Village II of Otay HB Sub, a California general partnership and Village II of Otay, LP, a Delaware limited partnership (collectively, “Baldwin & Sons”) and Presidio Otay 225, LLC (“Cornerstone”) executed April 21, 2016, and (3) developed and sold subdivided lots of the Property to homeowners (“Subsequent Ownership Changes”). D. In September 2016, the Village Two Sectional Planning Area Plan was amended to adjust the neighborhood boundaries and residential lot lines for ten neighborhoods in Village Two South (R-17B(b), R-17A, R-17B(a), R-18A(a), R-18A(b), R- 18B(a), R-18B(b), R-19a, R-20, and R-21) as a result of a change of ownership between developers (Baldwin & Sons and Cornerstone) and an intensity transfer, as approved on the revised Tentative Subdivision Map PCS16-0006 and described below: Reduction of 17 multi-family units in neighborhood R-17B(b) Addition of 10 single-family units located in neighborhoods R-18B(a), R- 19a, and R-21a Boundary adjustments between neighborhoods R-17A, R-17B(a), R- 18A(c), R-18A(d), and R-20 Reduction in total dwelling units in Village Two by seven units, from 4,545 to 4,538 In April 2020, the Village Two Sectional Planning Area Plan was again amended to reflect the intensity transfer of 75 units to neighborhood R-25 from neighborhoods C-1, MU-1, R-10a, R-11, R-12, R-16b, and R-27 (“Subsequent Land Use Changes”). E. In order to reflect (1) the Subsequent Ownership Changes, (2) the Subsequent Land Use Changes, (3) the resulting reallocation of rights and obligations under the Development Agreement among the parcels comprising the Property, including, without limitation, the reallocation among the parcels of the Owners Public Benefit Contributions obligations, and (4) the New Owners agreement to be bound by all applicable terms and conditions of the Development Agreement, the Parties desire to enter into this Amendment. Page 589 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 3 NOW, THEREFORE, in consideration of the above recitals, and for other good and valuable consideration the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree to amend the Development Agreement with this Amendment as follows: 1. Replacement of Exhibit A [Village Two Ownership – Development Agreement] Replacement. Exhibit A to the Development Agreement is hereby replaced with Exhibit A to this Amendment. 2. Replacement of Exhibit B [General Description and Depiction of the Project]. Exhibit B to the Development Agreement is hereby replaced with Exhibit B to this Amendment 3. Replacement of Exhibit F [Public Benefit Contribution Table]. Exhibit F to the Development Agreement is hereby replaced with Exhibit F to this Amendment. 4. Exhibits. Exhibits A, B and F are the only Exhibits to this Amendment. These Exhibits are attached hereto and incorporated herein by this reference. 5. Full Force. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect. 6. New Owners Bound by Development Agreement. New Owners, and each of them, by executing this Amendment agree to be bound by all terms and conditions set forth in the Development Agreement, as amended hereby. 7. Authority. Each Party represents that it has full right, power and authority to execute this Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such Party are duly authorized agents with authority to do so. [NEXT PAGE IS SIGNATURE PAGE] Page 590 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 4 SIGNATURE PAGE TO FIRST AMENDMENT TO DEVELOPMENT AGREEMENT FOR OTAY RANCH VILLAGE TWO CITY CITY OF CHULA VISTA, a California charter city and municipal corporation By: John McCann, Mayor Date: ATTEST: By: Kerry K. Bigelow, City Clerk APPROVED AS TO FORM CITY ATTORNEY By: (printed name) Page 591 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 5 VILLAGE II OF OTAY HB SUB a California general partnership By: Village II of Otay HB Sub, A California general partnership Successor by merger By: Southwind Development, LLC A Delaware limited liability company Managing partner By:_______________________ Nicholas Lee Its: Chief Operating Officer SUNRANCH CAPITAL PARTNERS, LLC, A Delaware limited liability company By:___________________________ Nicholas Lee, Its: Authorized Representative V2 MIXED USE, LLC A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer V2 COMMERCIAL, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer V2 N IND 1(b), LLC A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer R12A, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer R12B, LLC A California limited liability company By:___________________________ Nicholas Lee, Its: Chief Operating Officer BALDWIN & SONS, LLC A California limited liability company By:______________________________ Nicholas Lee Its: Chief Operation Officer R25A TOWNHOMES, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Authorized Representative R25A FLATS, LLC, A California limited liability company By:___________________________ Nicholas Lee, Its: Authorized Representative Page 592 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 6 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 ) ) ss. COUNTY OF ) On , ____, before me, , Notary Public in and for said State, 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 593 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: ________ V2 – Development Agreement.10dec14 7 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On , ____, before me, , Notary Public in and for said State, 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 594 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. 2023-05 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING THE CITY COUNCIL AMEND A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CHULA VISTA BALDWIN AND SONS, LLC AND ITS SUBSIDIARIES FOR PORTIONS OF OTAY RANCH VILLAGE TWO WHEREAS, on November 18, 2014, the City Council approved a Development Agreement between the City of Chula Vista, Baldwin and Sons, LLC and its subsidiaries for Village Two as part of the Village Two Sectional Planning Area (SPA) Plan Comprehensive Amendment (“Development Agreement”); and WHEREAS, Baldwin and Sons, LLC agreed to pay Fiscal Impact Fees and an Extraordinary Public Benefit Contributions on certain, specified parcels within Village Two; and WHEREAS, in 2016 Baldwin and Sons, LLC and its subsidiary, Cornerstone Communities, each exchanged 30 parcels with the other in order to allow for the different landowners to bring their respective housing product types to market in an orderly manner; and WHEREAS, the Fiscal Impact Fees and Extraordinary Public Benefit Fees did not transfer to Baldwin and Sons, LLC when the land swap occurred; and WHEREAS, Baldwin and Sons, LLC, submitted an application requesting an amendment to the Development Agreement to attach the Fiscal Impact Fees and Extraordinary Public Benefit Contributions to the properties acquired in 2016; and WHEREAS, the Development Agreement relied in part on the original Otay Ranch General Development Plan Program Environmental Impact Report 90-01, the Otay Ranch Villages Two, Three and a Portion of Four Section Planning Area Plan Final Second-Tier Environmental Impact Report (“EIR 02-02”; SCH No. 200.30.91.012), and the Village Two Comprehensive SPA Plan Amendment Final Supplemental Environmental Impact Report (“EIR 12-01”; SCH No. 200.30.91.012) the California Environmental Qualities Act (“CEQA”) Findings and Mitigation Monitoring and Reporting Program; and WHEREAS, the Director of Development Services has reviewed the project for compliance with CEQA and has determined that the Development Agreement was covered by a previously adopted Final Supplemental Environmental Impact Report (FSEIR 12-01); thus, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the subject amendment to the Development Agreement, and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City at least ten days prior to the hearing; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider said amendment to the Development at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista Planning Commission does hereby recommend that the City Council of the City of Chula Vista adopt an ordinance amending the DocuSign Envelope ID: 0CF17EEB-DCF2-46C7-AF2B-B6E054177AEB Page 595 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Development Agreement between the City of Chula Vista and Baldwin and Sons, LLC and its subsidiaries to properly reflect the land exchange engaged in by Baldwin and Sons, LLC and Cornerstone Communities and the attendant fees associated with the parcels received by Baldwin and Sons, LLC. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by: Approved as to form by: _________________________ _____________________ Laura C. Black, AICP Glen R. Googins Director of Development Services City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 8th day of February, 2023, by the following vote, to-wit: AYES: Burroughs, Combs, De La Rosa, Felber, Torres NOES: ABSENT: Milburn, Zaker ABSTAIN: ________________________ Max Zaker, Chair ATTEST: _______________________ Patricia Salvacion, Secretary DocuSign Envelope ID: 0CF17EEB-DCF2-46C7-AF2B-B6E054177AEB Page 596 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 1 City Council Item 7.2 March 7, 2023 Otay Ranch Village 2 Development Agreement Amendment Page 597 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda VILLAGE TWO -LOCATION OTAY LANDFILL HERITAGE RD.LA MEDIA RD.OTAY RANCH VILLAGE 3 Page 598 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT A –ORIGINAL OWNERSHIP 2014 –OWNERSHIP LIST VILLAGE II of OTAY HB SUB, GP OTAY RANCH II SUN 12, LLC OTAY RANCH VILLAGE II-PC-15, LLC VILLAGE II of OTAY, LP SUNRANCH CAPITAL PARTNERS, LLC MONTECITO VILLAGE, LLC Page 599 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2014 –OWNERSHIP LIST 2023 –OWNERSHIP LIST VILLAGE II of OTAY HB SUB, GP VILLAGE II of OTAY HB SUB, GP OTAY RANCH II SUN 12, LLC V2 COMMERCIAL, LLC OTAY RANCH VILLAGE II-PC-15, LLC V2 N IND 1(b), LLC VILLAGE II of OTAY, LP VILLAGE II of OTAY, LP SUNRANCH CAPITAL PARTNERS, LLC SUNRANCH CAPITAL PARTNERS, LLC MONTECITO VILLAGE, LLC V2 MIXED USE, LLC BALDWIN & SONS, LLC R25A TOWNHOMES, LLC R25A FLATS, LLC R-12 A, LLC R-12 B, LLC EXHIBIT A –UPDATED OWNERSHIPPage 600 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT B –2014 PROPERTIES OWNED OTAY LANDFILL HERITAGE RD.LA MEDIA RD.Page 601 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT B –2023 PROPERTIES OWNED OTAY LANDFILL HERITAGE RD.LA MEDIA RD.Page 602 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT F -PARCELS SUBJECT TO FEES Neighborhood 2014 2023 R-4B(a)111 111 R-4B(b)275 275 R-8C 51 -- R-9B --21 R-12 600 600 R-16B 17 17 R-17B(a)34 33 Page 603 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT F -PARCELS SUBJECT TO FEES Neighborhood 2014 2023 R-17B(b)95 78 R-18A(b) 24 -- R-18A(c)--18 R-18B(b)5 -- R-19B 39 39 R-20 80 79 R-21A --15 Page 604 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT F -PARCELS SUBJECT TO FEES Neighborhood 2014 Units 2023 Units R-21B 53 53 R-23 93 93 R-24 59 59 R-25A 330 330 R-27 175 175 R-31 25 21 MU-1 38 31 Page 605 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EXHIBIT F -PARCELS SUBJECT TO FEES Neighborhood 2014 Units 2023 Units MU-2 50 93 MU-3 90 61 C-1 235 277 TOTAL 2,479 2,479 TOTAL FEES & EXTRAORDINARY CONTRIBUTION FROM UNITS: $7,810,000 Page 606 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RECOMMENDATION Place on first reading an Ordinance approving the First Amendment to the Otay Ranch Village Two Development Agreement. Page 607 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Annual Report: Acceptance of Audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2022 and Update on General Fund Reserve Funds Report Number: 23-0041 Location: No specific geographical location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting the audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2022, and update on City reserve funds. SUMMARY Presented for City Council information and acceptance are the audited basic financial statements included in the ACFR for the fiscal year ending June 30, 2022, as prepared by the independent audit firm of Lance Soll & Lunghard, LLP. The audit report submitted for the City has received an unmodified (clean) opinion from the independent audit firm. An update on General Fund reserve funds is also provided. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a govern mental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 608 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Pursuant to City Charter Section 1012, an annual audit of the City's financial records is performed by an independent accounting firm. The ACFR report is included as Attachment 1 to this report. The firm of Lance Soll & Lunghard, LLP has audited the basic financial statements of the City of Chula Vista and has issued their opinion that the statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, the aggregate remaining fund information of the City as of June 30, 2022, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Additionally, Lance Soll & Lunghard, LLP considered the City’s internal control over financial reporting to determine the appropriate audit procedures for expressing opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. The Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Oth er Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards is included in the ACFR for fiscal year 2022. This was Lance Soll & Lunghard, LLP’s ninth year serving as the City’s independent auditors. General Fund Reserve Update Below is an update of various General Fund Reserve funds in accordance with the City of Chula Vista Council Policy General Fund Reserves – Fiscal Health Plan (Policy No. 220-03). The table below reflects the reserve target %, current reserve %, and current reserve amounts as of June 30, 2022 for each General Fund reserve. General Fund Operating Reserves The General Fund Operating Reserves represent unrestricted resources available for appropriation by the City Council to address extraordinary needs of an emergency nature, such as a major storm drain repair, litigation, or settlement costs or an unexpected liability created Federal and State legislative action. This reserve has a minimum level of no less than 15% of annual General Fund budgeted operating expenditures (excluding Measure A and P Sales Taxes). General Fund Reserve Funds Reserve Target % Current Reserve % Current Reserve $ (in millions) Target Met General Fund Operating Reserves 15.00%15.00% $ 27.3 Economic Contingency Reserves 5.00%5.00% $ 9.1 Catastrophic Event Reserves 3.00%1.45% $ 2.6 Pension Reserve Fund 15.00%1.35% $ 2.5 Page 609 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 The General Fund ended fiscal year 2022 with $27.3 million in the General Fund Operating Reserve. This fully funds the General Fund Operating Reserve of 15% of the fiscal year 2023 budgeted operating expenditures. This is the City’s fifth consecutive year fully funding the General Fund Operating Reserve. Economic Contingency and Catastrophic Event Reserves The Economic Contingency Reserves represent monies set aside to mitigate service impacts during a significant downturn in the economy which impacts City revenues such as sales tax and property tax, etc. This reserve has a minimum level of no less than 5% of annual General Fund budgeted operating expenditures. The General Fund ended fiscal year 2022 with $9.1 million in the Economic Contingency Reserve. This fully funds the Economic Contingency Reserve of 5% of the fiscal year 2023 budgeted operating expenditures. This is the City’s third consecutive year fully funding the Economic Contingency Reserve. The Catastrophic Event Reserves represent monies set aside to fund unanticipated expenses related to major or natural disaster in the City. This reserve has a target level of 3% of annual General Fund budgeted operating expenditures. The General Fund ended fiscal year 2022 with $2.6 million in the Catastrophic Event Reserve. This amount is equal to 1.45% of the 3% Catastrophic Event Reserve Emergency target level. Pension & OPEB (Other Post-Employment Benefits) Reserve Funds The Pension & OPEB (Other Post-Employment Benefits) Reserve Fund Policy established the City’s Pension Reserve Fund (PRF). This reserve sets aside surplus funds to address future potential pension liability increases and potentially pay off the City’s Pension Obligation Bonds (POBs) debt early. This reserve is to be funded only after funding the 15% minimum reserve level of the General Fund Operating Reserve. Should the fiscal year result in a surplus, such funds will be split between the PRF (75%) and the other two reserves (25%), the Economic Contingency Reserve and Catastrophic Event Reserves, until all three reserves are fully funded. PRF contributions are transferred to the City’s Section 115 Trust Fund. The General Fund ended fiscal year 2022 with no surplus funds to contribute to the PRF. Additionally, the City shall budget a minimum of 75% of the estimated net annual savings from the issuance of POBs to be transferred to the City’s Section 115 Trust Fund. The budgeted contribution for fiscal year 2023 is $9.9 million. Pursuant to the Pension & OPEB Reserve Fund Policy, the Finance Department is required to provide the following comprehensive pension reserve (Section 115 Trust Fund) funds status report, including five-year reserve fund balance projections, annually to the City Council along with the ACFR. The following schedule also includes projected contributions from net annual savings, contributions from surplus funds, trust net investment activity, future costs in unfunded actuarial liability to CalPERS, and trust fees. Page 610 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact as a result of accepting the ACFR for Fiscal Year Ended June 30, 2022 report. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as result of this action. Actuals FY2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Estimated Beginning Fund Balance Estimated Fund Balance -$ 8,362,116$ 17,449,769$ 28,213,698$ 40,072,854$ 51,812,697$ Reserve Balance - 2,464,336 2,464,336 2,464,336 2,464,336 2,464,336 Total Estimated Fund Balance and Reserves -$ 10,826,452$ 19,914,105$ 30,678,034$ 42,537,190$ 54,277,033$ Inflows City Contributions - Annual Projected Savings from Issuance of POBs*8,287,643$ 9,929,907$ 10,848,629$ 11,976,156$ 11,892,443$ 12,513,429$ City Contributions - Pension Reserve Fund (PRF) from Surplus Funds 2,464,336 - - - - - Trust Net Investment Activity 110,751 133,620 - - - - Total Inflows 10,862,730$ 10,063,527$ 10,848,629$ 11,976,156$ 11,892,443$ 12,513,429$ OUTFLOWS Miscellaneous Plan UAL***-$ (609,449)$ -$ -$ -$ -$ Safety Plan UAL***- (313,125) - - - - Trust Fees (36,278) (53,300) (84,700) (117,000) (152,600) (183,600) Total Outflows (36,278) (975,874) (84,700) (117,000) (152,600) (183,600) Net Inflows(Outflows)10,826,452$ 9,087,653$ 10,763,929$ 11,859,156$ 11,739,843$ 12,329,829$ Estimated Ending Fund Balance Estimated Fund Balance 8,362,116$ 17,449,769$ 28,213,698$ 40,072,854$ 51,812,697$ 64,142,525$ Reserve Balance 2,464,336 2,464,336 2,464,336 2,464,336 2,464,336 2,464,336 Total Estimated Fund Balance and Reserves 10,826,452$ 19,914,105$ 30,678,034$ 42,537,190$ 54,277,033$ 66,606,861$ ** Trust Net Investment Activity includes: interest, dividents, realized gain/loss, and net accrued income. Trust Net Investment Activity in FY 2023 are as of December 31, 2023 and are not projected beyond that date. *** UAL projections are from the CalPERS Actuarial Valuation - June 30, 2021 Report, which may change in future valuation reports issued by CalPERS. City of Chula Vista Section 115 Trust (Book Value) Projections CITY OF CHULA VISTA COMPREHENSIVE PENSION RESERVE FUNDS STATUS REPORT * Per the Pension & OPEB Reserve Fund Policy, 75% of the net annual savings from the issuance of POBs (determined at bond issuance for years 1- 10, not adjusted annually for any new unfunded liability or change in actuarial assumptions) for bond fiscal years 1 through 10 is required to be transferred to the PRF on an annual basis. Page 611 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 5 ATTACHMENTS 1. Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2022 Staff Contact: Sarah Schoen, Finance Director/Treasurer Page 612 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Annual ComprehensiveFinancial Report June 30, 2022FISCAL YEAR ENDED Page 613 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Annual Comprehensive Financial Report For The Fiscal Year Ended June 30, 2022 Compiled under the direction of Sarah Schoen Director of Finance/Treasurer State of California Mayor Mary Casillas Salas City Council Stephen Padilla Andrea Cardenas Jill Galvez John McCann City Manager Maria Kachadoorian (As of June 30, 2022) Page 614 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 615 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 TABLE OF CONTENTS Page Number INTRODUCTORY SECTION (Unaudited) Letter of Transmittal ............................................................................................................................................. i List of City Officials ............................................................................................................................................ v Organizational Chart ............................................................................................................................................ vi Certificate of Achievement for Excellence in Financial Reporting .................................................................... vii FINANCIAL SECTION Independent Auditors’ Report ......................................................................................................................... 1 Management’s Discussion and Analysis (Required Supplementary Information) ...................................... 5 Basic Financial Statements: Government-Wide Financial Statements: Statement of Net Position ............................................................................................................................ 29 Statement of Activities ................................................................................................................................ 30 Fund Financial Statements: Governmental Fund Financial Statements: Balance Sheet ....................................................................................................................................... 36 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position .................................................................................................... 39 Statement of Revenues, Expenditures and Changes in Fund Balances ........................................................................................................................................ 40 Reconciliation of the Statement of Revenues, Expenditures and Changes in Fund Balances of Governmental Funds to the Statement of Activities .................................................................................................................. 43 Proprietary Fund Financial Statements: Statement of Net Position ..................................................................................................................... 46 Statement of Revenues, Expenses and Changes in Fund Net Position ................................................. 48 Statement of Cash Flows ..................................................................................................................... 50 Fiduciary Fund Financial Statements: Statement of Fiduciary Net Position ..................................................................................................... 54 Statement of Changes in Fiduciary Net Position .................................................................................. 55 Notes to Basic Financial Statements ............................................................................................................ 59 Required Supplementary Information: Budgetary Comparison Schedule by Department - General Fund .............................................................. 115 Budgetary Comparison Schedule - Sundry Grants Special Revenue Fund ................................................ 116 Budgetary Comparison Schedule - Housing Successor Agency Special Revenue Fund ............................ 117 Schedule of Changes in Net Pension Liability and Related Ratios - Miscellaneous .................................. 118 Schedule of Changes in Net Pension Liability and Related Ratios - Safety ............................................... 120 Schedule of Plan Contributions .................................................................................................................. 122 Schedule of Changes in the Total OPEB Liability and Related Ratios ..................................................... 123 Notes to Required Supplementary Information ................................................................................................. 124 Page 616 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 TABLE OF CONTENTS (CONTINUED) Page Number FINANCIAL SECTION (Continued) Supplementary Information: Non-Major Governmental Funds: Combining Balance Sheet ................................................................................................................... 128 Combining Statement of Revenues, Expenditures and Changes in Fund Balances ............................ 134 Budgetary Comparison Schedule by Expense Category: General Fund ....................................................................................................................................... 140 Sundry Grants Special Revenue Fund ................................................................................................. 142 Housing Successor Agency Special Revenue Fund ............................................................................ 144 Schedule of Revenues, Expenditures and Changes in Fund Balances – Budget and Actual: Transportation Gas Taxes Special Revenue Fund ............................................................................... 146 Parking Meter Special Revenue Fund ................................................................................................. 147 Traffic Safety Special Revenue Fund .................................................................................................. 148 Storm Drain Special Revenue Fund .................................................................................................... 149 Town Center I Special Revenue Fund ................................................................................................. 150 Open Space Districts Special Revenue Fund ...................................................................................... 151 Housing Programs Special Revenue Fund .......................................................................................... 152 Housing Authority Special Revenue Fund .......................................................................................... 153 Transportation Sales Tax Special Revenue Fund ................................................................................ 154 Mobile Park Fee Special Revenue Fund.............................................................................................. 155 Public Education and Government Fee Special Revenue Fund .......................................................... 156 Utility Tax Settlement Special Revenue .............................................................................................. 157 V2 Pub Benefit Contribution Special Revenue Fund .......................................................................... 158 Special Revenue Endowments Special Revenue Fund ........................................................................ 159 Developer Contributions Special Revenue Fund ................................................................................. 160 Donations Special Revenue Fund ........................................................................................................ 161 Park Acquisition Development Capital Project Fund .......................................................................... 162 Residential Construction tax Capital Project Fund .............................................................................. 163 Development Impact Capital Project Fund ......................................................................................... 164 Other Transportation Program Capital Project Fund ........................................................................... 165 Capital Projects Fund .......................................................................................................................... 166 Notes Payable Debt Service Fund ....................................................................................................... 167 Lease Payable Debt Service Fund ....................................................................................................... 168 City Debt Service Fund ....................................................................................................................... 169 Public Financing Authority Debt Service Fund .................................................................................. 170 Municipal Financing Authority Debt Service Fund ............................................................................ 171 Non-Major Proprietary Funds: Combining Statement of Net Position ................................................................................................. 173 Combining Statement of Revenues, Expenses and Changes in Net Position ...................................... 174 Combining Statement of Cash Flows .................................................................................................. 175 Internal Service Funds: Combining Statement of Net Position ................................................................................................. 177 Combining Statement of Revenues, Expenses and Changes in Net Position ...................................... 178 Combining Statement of Cash Flows .................................................................................................. 179 Page 617 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 TABLE OF CONTENTS (CONTINUED) Page Number FINANCIAL SECTION (Continued) Fiduciary Funds: Combining Statement of Net Position – All Custodial Funds ............................................................. 180 Combining Statement of Changes in Fiduciary Net Position – All Custodial Funds .......................... 181 STATISTICAL SECTION Net Position by Component - Last Ten Fiscal Years .................................................................................. 185 Changes in Net Position - Last Ten Fiscal Years ....................................................................................... 186 Fund Balances, Governmental Funds – Last Ten Fiscal Years .................................................................. 187 Changes in Fund Balances, Governmental Funds – Last Ten Years .......................................................... 188 Assessed Value and Estimated Actual Value of Taxable 189 .................................................................... 189 Direct and Overlapping Property Tax Rates - Last Ten Fiscal Years ......................................................... 190 Principal Property Taxpayers - Current Year and Nine Years Ago ............................................................ 191 Property Tax Levies and Collections - Last Ten Fiscal Years .................................................................... 192 Ratios of Outstanding Debt by Type - Last Ten Fiscal Years .................................................................... 193 Ratios of General Bonded Debt Outstanding - Last Ten Fiscal Years ....................................................... 194 Direct and Over Lapping Bonded Debt ...................................................................................................... 195 Legal Debt Margin Information - Last Ten Fiscal Years ........................................................................... 196 Pledged-Revenue Coverage - Last Ten Fiscal Years .................................................................................. 197 Demographic and Economic Statistics - Last Ten Calendar Years ............................................................ 198 Principal Employers - Current Year and Nine Years Ago .......................................................................... 199 Full-time and Part-time City Employees by Function - Last Ten Fiscal years ........................................... 200 Operating Indicators by Function/Program - Last Ten Fiscal Years .......................................................... 201 Capital Asset Statistics by Function/Program - Last Ten Fiscal Years ...................................................... 202 Independent Auditors’ Report on Internal Control Over Financial Reporting And on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ....................... 203 Page 618 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 619 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 'FCSVBSZ Honorable Mayor, Councilmembers, and Citizens of Chula Vista Chula Vista City Hall Chula Vista, CA 91910 The audited Annual Comprehensive Financial Report (ACFR) of the City of Chula Vista for the fiscal year ended June 30, 2022 is hereby submitted to you. The City compiles and prepares the annual financial report to provide interested parties with reliable information concerning the financial condition and results of operations for the City. The basic financial statements are audited by an independent certified public accounting firm. The purpose of the audit is to ensure that the financial statements present fairly, in all material respects, the financial position and the results of operations of the City. Responsibility for both the accuracy of the information and the completeness and fairness of the presentation, including all disclosures, rests with City management. The financial statements have been prepared in accordance with generally accepted accounting principles. This means that the statements have been prepared using guidelines that would allow the user to make a meaningful comparison to the financial statements of other similar entities. All disclosures necessary to enable the reader to gain an understanding of the City of Chula Vista's activities have been included. Generally accepted accounting principles require that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The City of Chula Vista’s MD&A can be found immediately following the report of the independent auditors. The City of Chula Vista is required to undergo an annual single audit in conformity with the provisions of the Revised Single Audit Act of 1996 and the United States Office of Management and Budget's Uniform Guidance. Information related to this single audit, including a schedule of expenditures of federal awards, along with the independent auditors’ reports on internal controls and compliance with applicable laws, can be found in a separately issued single audit report. The ACFR for the City of Chula Vista includes the activities of the primary government (City of Chula Vista) along with several "component units." A component unit is a legally separate entity for which the elected officials of the primary government are financially accountable. Component units, although they are legally separate entities, are in substance part of the primary government's operations and therefore included for financial reporting purposes. The component units included within the City of Chula Vista's financial statements are the Chula Vista Industrial Development Authority, Chula Vista Public Financing i Page 620 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Authority, Chula Vista Municipal Financing Authority, Chula Vista Housing Authority, Chula Vista Bayfront Facilities Financing Authority, and Bayfront Project Special Tax Financing District. Profile of the Government The City of Chula Vista is located in San Diego County with its western border adjacent to San Diego Bay, 8 miles south of Downtown San Diego and 7 miles north of the Mexican border. The City encompasses approximately 52 square miles. Chula Vista was incorporated in 1911, and functions under a City Charter with a Council/Manager form of government. The City is governed by a four-member Council and a Mayor, who serves four-year overlapping terms, and, in addition to the City Attorney, is elected on a citywide basis. The City Council appoints the City Manager and the City Clerk. Municipal services provided include police, fire, parks and recreation, libraries, planning & building, housing programs, street and drainage construction and maintenance, and sewer services. Local Economy and Prospects for the Future Chula Vista residents enjoy all the benefits of a major city along with small town friendliness, affordable housing, and near perfect weather. The most recent data available from San Diego Association of Governments (SANDAG) estimates that the median household income in Chula Vista is $72,673. The City of Chula Vista, with an estimated population of 277,220, per the US Census is the second largest community in San Diego County. SANDAG projects that the City of Chula Vista will reach a population of approximately 330,255 by the year 2050. SANDAG’s 2050 Growth Forecast indicates that the South County sub region will continue to host a substantial amount of the region’s projected growth over the next three decades, primarily through new development in the eastern portion of the City. In fiscal year 2022, the City of Chula Vista and the Port of San Diego successfully secured $275 million in public bond funding for construction on the Chula Vista bayfront, enabling the flagship Gaylord Pacific Resort and Convention Center project to break ground. The developed Chula Vista bayfront is expected to have an enormous impact on the City and the San Diego region, attracting visitors from throughout the State of California and beyond. The developed bayfront will raise the City’s quality of life, with new parks and coastal access, and amenities for all to enjoy. The construction project is anticipated to create 3,580 jobs and once open is expected to have an economic impact of half-a-billion dollars each year and produce 4,000 permanent jobs. Long-Term Financial Planning The City updated the General Fund Long-Term Financial Plan (LTFP) for fiscal year 2023 through 2032 as part of its annual budget development process. The forecast analyzed revenue and expenditure estimates and assumptions over a 10-year period to assess the City’s ability to maintain current or expand service levels based on projected growth, preserve the City’s long-term fiscal health by aligning operating revenues and costs, and to strategically increase the City’s reserve funds to meet the City’s reserve policy thresholds. The goal of the financial forecast is to match the availability of revenues against expenditures over time and update budgetary and financial plans accordingly. In summary, the Long-Term Financial ii Page 621 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Plan provides an in-depth analysis of the City’s fiscal condition to aide in proactive financial decision making and to serve as a planning tool to bring a long-term perspective to the budget development process. The forecast anticipated moderate revenue growth from fiscal year 2023 to fiscal year 2027. Starting in fiscal year 2028, revenues are anticipated to decrease due to the scheduled conclusion of a citizen approved sales tax measure. Starting in fiscal year 2029, revenues are anticipated to resume moderate growth through fiscal year 2032. The forecast anticipated expenditure growth to outpace revenue growth beginning in fiscal year 2024, primarily due to expenses related to assumed wage inflation, healthcare, and two anticipated new fire stations. Also reflected in the expenditure forecast is the positive fiscal impact from the issuance of $350 million in pension obligation bonds (POBs) that were issued at historically low interest rates in fiscal year 2021. The majority of these pension cost savings are being set aside through fiscal year 2031 in an Internal Revenue Code Section 115 pension and bond call trust fund which will help mitigate future increases from pension and other post‐employment benefits costs, or provide the City the opportunity to pay off the bonds earlier. The Government Finance Officers Association (GFOA) recognizes the importance of combining the forecasting of revenues and expenditures into a single financial forecast. The GFOA also recommends that a government should have a financial planning process that assesses long-term financial implications of current and proposed policies, programs, and assumptions that develop appropriate strategies to achieve its goals. Internal Controls The City has developed and put into place systems of internal controls over various accounting and transaction processing functions. Management of the City is responsible for establishing and maintaining the internal control structure. This structure is designed to ensure that the assets of the City are protected from loss, theft, or misuse. These controls are also in place to ensure that adequate accounting information is compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The idea of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of cost and benefits requires estimates and judgments by management. Budgetary Controls The City currently adopts a single-year operating and capital budget. The provisions of these budgets are directly posted into the City's general ledger accounting system to help ensure compliance with the appropriations made by the City Council. Activities of the City’s Governmental Funds (general fund, special revenue funds, debt service funds, and capital project funds) are adopted in the operating budget. Budgetary control (which is the policy that actual expenditures may not exceed appropriations) is at the expenditure category level within each fund. Any budget modification which would result in an appropriation increase requires City Council approval. The City Manager and Finance Director are jointly authorized to transfer appropriations up to $15,000 within a departmental budget. Any appropriation transfers between departments or greater than $15,000 require City Council approval. Amounts appropriated for each year in the operating budget lapse at the iii Page 622 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda end of each fiscal year, unless carried forward through the encumbrance process. The City Council also adopts amounts in the operating budget for the proprietary and internal service funds to provide a level of fiscal control. Independent Audit Each year the City has an audit performed by an independent certified public accounting firm. This year the audit was performed by the firm of Lance, Soll, and Lunghard, LLP. The auditors also conducted a "single audit" designed to meet the requirements of the federal Revised Single Audit Act of 1996 and the related U.S. Office of Management and Budget's Uniform Guidance. The auditor’s report on the basic financial statements can be found in the financial section of this report. The auditor’s report on internal controls over financial reporting and compliance with applicable laws and regulations can be found in a separately issued report at the conclusion of this document. Awards The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Chula Vista for its ACFR for the year ended June 30, 2021. This was the 22 th consecutive year that the City has received this prestigious award. In order to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized ACFR. This report must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current ACFR continues to meet the Certificate of Achievement Program's requirements, and we are again submitting it to GFOA to determine its eligibility for another certificate. Acknowledgments The preparation of this ACFR could not have been accomplished without the efficient and dedicated services of the entire finance staff throughout the fiscal year. We would like to thank all those individuals who assisted and contributed to the preparation of this report. Acknowledgement must also be given to the Mayor and City Council, along with the City Manager, for their continued interest in planning and conducting the operations of the City of Chula Vista in a responsible and progressive manner. Respectfully submitted, Sarah Schoen Director of Finance/Treasurer ShSh iv Page 623 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ͵ͲǡʹͲʹʹ CityCouncil DĂƌLJĂƐŝůůĂƐ^ĂůĂƐDĂLJŽƌ :ŽŚŶDĐĂŶŶĞƉƵƚLJDĂLJŽƌ ŶĚƌĞĂĂƌĚĞŶĂƐŽƵŶĐŝůŵĞŵďĞƌ :ŝůů'ĂůǀĞnjŽƵŶĐŝůŵĞŵďĞƌ ^ƚĞƉŚĞŶWĂĚŝůůĂŽƵŶĐŝůŵĞŵďĞƌ Administration DĂƌŝĂ<ĂĐŚĂĚŽŽƌŝĂŶŝƚLJDĂŶĂŐĞƌ dŝĨĨĂŶLJůůĞŶĞƉƵƚLJŝƚLJDĂŶĂŐĞƌ <ĞůůLJƌŽƵŐŚƚŽŶĞƉƵƚLJŝƚLJDĂŶĂŐĞƌ ƌŝĐƌŽĐŬĞƚƚĞƉƵƚLJŝƚLJDĂŶĂŐĞƌ 'ůĞŶZ͘'ŽŽŐŝŶƐŝƚLJƚƚŽƌŶĞLJ <ĞƌƌLJ<͘ŝŐĞůŽǁŝƚLJůĞƌŬ DepartmentHeads dŝĨĨĂŶLJůůĞŶŝƌĞĐƚŽƌŽĨĞǀĞůŽƉŵĞŶƚ^ĞƌǀŝĐĞƐ ŽƵƌƚŶĞLJŚĂƐĞŝƌĞĐƚŽƌŽĨ,ƵŵĂŶZĞƐŽƵƌĐĞƐ :ŽƐĞŝƐŶĞƌŽƐŝƌĞĐƚŽƌŽĨ/ŶĨŽƌŵĂƚŝŽŶdĞĐŚŶŽůŽŐLJ^ĞƌǀŝĐĞƐ ƌŝĐƌŽĐŬĞƚƚŝƌĞĐƚŽƌŽĨ ĐŽŶŽŵŝĐĞǀĞůŽƉŵĞŶƚ ZŽdžĂŶĂ<ĞŶŶĞĚLJŚŝĞĨŽĨWŽůŝĐĞ dƌĂĐLJ>ĂŵďŝƌĞĐƚŽƌŽĨŽŵŵƵŶŝƚLJ^ĞƌǀŝĐĞƐ DĂƚƚŚĞǁ>ŝƚƚůĞŝƌĞĐƚŽƌŽĨWƵďůŝĐtŽƌŬƐ ,ĂƌƌLJDƵŶƐ&ŝƌĞŚŝĞĨ ^ĂƌĂŚ^ĐŚŽĞŶŝƌĞĐƚŽƌŽĨ&ŝŶĂŶĐĞͬdƌĞĂƐƵƌĞƌ :ŽŚŶ^ŬĞĞůŝƌĞĐƚŽƌŽĨŶŝŵĂůĂƌĞ&ĂĐŝůŝƚLJ tŝůůŝĂŵsĂůůĞŝƌĞĐƚŽƌŽĨ ŶŐŝŶĞĞƌŝŶŐΘĂƉŝƚĂůWƌŽũĞĐƚƐ v Page 624 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda ͵ͲǡʹͲʹʹ /d/ E^K&,h>s/^d/dzddKZE z DzKZ /dzKhE/> /d/ Es/^KZz KDD/^^/KE^ /d/ Es/^KZz KZ^ /dzDE' Z/dz> Z< Whdz/dzDE' Z &/Z WK>/ s >KWD Ed ^ Zs/ ^ Whdz/dzDE' Z Whdz/dzDE' Z &/EE ,hDE Z ^KhZ ^ ,Kh^/E' hd,KZ/dz E'/E Z/E'Θ W/d>WZK: d^ Wh>/ tKZ<^ K&&/ K& KDDhE/d/KE^ KEKD/ s >KWD Ed KDDhE/dz ^ Zs/ ^ /E&KZDd/KE d ,EK>K'z ^ Zs/ ^ E/D>Z &/>/dz ^h ^^KZ' Ez dKZ s >KWD Ed ' Ez vi Page 625 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of Chula Vista California For its Annual Comprehensive Financial Report For the Fiscal Year Ended June 30, 2021 Executive Director/CEO vii Page 626 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 627 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 ,1'(3(1'(17$8',7256¶5(3257 7RWKH+RQRUDEOH0D\RUDQG0HPEHUVRIWKH&LW\&RXQFLO &LW\RI&KXOD9LVWD&DOLIRUQLD 5HSRUWRQWKH)LQDQFLDO6WDWHPHQWV Opinions :HKDYHDXGLWHGWKHDFFRPSDQ\LQJILQDQFLDOVWDWHPHQWVRIWKHJRYHUQPHQWDODFWLYLWLHVWKHEXVLQHVVW\SH DFWLYLWLHVHDFKPDMRUIXQGDQGWKHDJJUHJDWHUHPDLQLQJIXQGLQIRUPDWLRQRIWKH&LW\RI&KXOD9LVWD &DOLIRUQLD WKH³&LW\´ DVRIDQGIRUWKH\HDUHQGHG-XQHDQGWKHUHODWHGQRWHVWRWKHILQDQFLDO VWDWHPHQWV ZKLFK FROOHFWLYHO\ FRPSULVH WKH &LW\¶V EDVLF ILQDQFLDO VWDWHPHQWV DV OLVWHG LQ WKH WDEOH RI FRQWHQWV ,Q RXU RSLQLRQ WKH ILQDQFLDO VWDWHPHQWV UHIHUUHG WR DERYH SUHVHQW IDLUO\ LQ DOO PDWHULDO UHVSHFWV WKH UHVSHFWLYHILQDQFLDOSRVLWLRQRIWKHJRYHUQPHQWDODFWLYLWLHVWKHEXVLQHVVW\SHDFWLYLWLHVHDFKPDMRUIXQG DQGWKHDJJUHJDWHUHPDLQLQJIXQGLQIRUPDWLRQRIWKH&LW\DVRI-XQHDQGWKHUHVSHFWLYHFKDQJHV LQILQDQFLDOSRVLWLRQDQGZKHUHDSSOLFDEOHFDVKIORZVWKHUHRIIRUWKH\HDUWKHQHQGHGLQDFFRUGDQFHZLWK 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SODQQHGVFRSHDQGWLPLQJRIWKHDXGLWVLJQLILFDQWDXGLWILQGLQJVDQGFHUWDLQLQWHUQDOFRQWUROUHODWHGPDWWHUV WKDWZHLGHQWLILHGGXULQJWKHDXGLW Other Reporting Responsibilities Required Supplementary Information $FFRXQWLQJSULQFLSOHVJHQHUDOO\DFFHSWHGLQWKH8QLWHG6WDWHVRI$PHULFDUHTXLUHWKDWWKHPDQDJHPHQW¶V GLVFXVVLRQDQGDQDO\VLVEXGJHWDU\FRPSDULVRQVFKHGXOHVIRUWKH*HQHUDO)XQGDQGPDMRUVSHFLDOUHYHQXH IXQGVDQGUHTXLUHGSHQVLRQDQGRWKHUSRVWHPSOR\PHQWEHQHILWVVFKHGXOHVDVOLVWHGRQWKHWDEOHRI FRQWHQWVEHSUHVHQWHGWRVXSSOHPHQWWKHEDVLFILQDQFLDOVWDWHPHQWV6XFKLQIRUPDWLRQLVWKHUHVSRQVLELOLW\ RIPDQDJHPHQWDQGDOWKRXJKQRWDSDUWRIWKHEDVLFILQDQFLDOVWDWHPHQWVLVUHTXLUHGE\WKH*RYHUQPHQWDO $FFRXQWLQJ6WDQGDUGV%RDUGZKRFRQVLGHUVLWWREHDQHVVHQWLDOSDUWRIILQDQFLDOUHSRUWLQJIRUSODFLQJWKH 2 Page 629 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 7RWKH+RQRUDEOH0D\RUDQG0HPEHUVRIWKH&LW\&RXQFLO &LW\RI&KXOD9LVWD&DOLIRUQLD EDVLFILQDQFLDOVWDWHPHQWVLQDQDSSURSULDWHRSHUDWLRQDOHFRQRPLFRUKLVWRULFDOFRQWH[W:HKDYHDSSOLHG 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HIIHFWLYHQHVVRIWKH&LW\¶VLQWHUQDOFRQWURORYHUILQDQFLDOUHSRUWLQJRURQFRPSOLDQFH7KDWUHSRUWLVDQLQWHJUDO SDUWRIDQDXGLWSHUIRUPHGLQDFFRUGDQFHZLWKGovernment Auditing StandardsLQFRQVLGHULQJWKH&LW\¶V LQWHUQDOFRQWURORYHUILQDQFLDOUHSRUWLQJDQGFRPSOLDQFH %UHD&DOLIRUQLD )HEUXDU\ 3 Page 630 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 4 Page 631 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA MANAGEMENT’S DISCUSSION AND ANALYSIS The City of Chula Vista (City) offers readers this narrative overview and analysis of the City’s financial activities for the fiscal year ended June 30, 2022. It should be read in conjunction with the accompanying letter of transmittal beginning on page i and the accompanying basic financial statements. FINANCIAL HIGHLIGHTS The following outlines financial highlights for the year: 1. At June 30, 2022 the assets and deferred outflows of the City exceeded its liabilities and deferred inflows by $1,720.7 million (net position). Total net position consisted of net investment in capital assets of $1,463.4 million, restricted net position of $218.8 million, and unrestricted net position of $38.5 million. 2. Total unrestricted net position for governmental activities has increased by $25.7 million from the prior fiscal year, a change of 20.9%, whereas unrestricted net position for business-type activities was $28.8 million higher than the previous year, a 26.8% increase. 3. The City’s total net position increased by $130.0 million or 8.2% in fiscal year 2022. The net position for governmental activities increased by a net $94.7 million or 8.1%, while the net position for business-type activities increased by $35.3 million or 8.3%. 4. The City’s governmental funds reported combined ending fund balances of $359.5 million, an increase of $41.3 million, or 13.0%. 5. Total citywide liabilities decreased by $341.6 million or 33.9%. Liabilities for governmental activities decreased by $293.8 million or 32.4% and business-type activities decreased by $47.8 million or 48.4%. 6. The City’s total long-term debt obligations for governmental activities had a net decrease of $7.3 million or 1.5%. OVERVIEW OF FINANCIAL STATEMENTS This discussion and analysis provided here is intended to serve as an introduction to the City’s basic financial statements. The City’s basic financial statements are comprised of three components: (1) government-wide financial statements, (2) fund financial statements, and (3) notes to the basic financial statements. This report also contains required supplementary information (RSI) as well as other supplemental financial information intended to furnish additional detail to support the basic financial statements themselves. 5 Page 632 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the City’s finances, in a manner similar to private-sector business. They are comprised of the Statement of Net Position and the Statement of Activities. The Statement of Net Position presents information on all the City’s assets and deferred outflows, along with liabilities and deferred inflows, with the difference reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. This statement combines and consolidates governmental funds’ current financial resources with capital assets and long-term obligations. The Statement of Activities presents information showing how the government’s net position changed during the fiscal year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenues and expenses are reported in this statement, for some items, that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused vacation leave). The government-wide financial statements have separate sections for three different types of activities. These three types of activities are: Governmental Activities – The activities in this section are mostly supported by taxes and charges for services. The governmental activities of the City include General Government, Public Safety, Community Development, Public Works, Parks and Recreation, and Library. Business-Type Activities – These functions normally are intended to recover all or a significant portion of their costs through user fees and charges to external customers for goods and services. The business-type activities of the City include Sewer Fund, Sewer Development Impact Fees, Development Services Fund, Chula Vista Elite Athlete Training Center, Bayfront Trolley Station, Transit Fund, Chula Vista Muni Golf Course, Transport Enterprise, and Living Coast Discovery Center. Discretely Presented Component Units – The City of Chula Vista has no discretely presented component units to report upon. Fund Financial Statements and Major Component Unit Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The City, like other state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All the funds of the City can be divided into three categories: governmental funds, proprietary funds, and fiduciary funds. The fund financial statements provide detailed information about each of the City’s most significant funds, called Major Funds. The concept of Major Funds, and the determination of which are major funds, was established by GASB Statement No. 34 and replaces the concept of 6 Page 633 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda combining like funds and presenting them in total. Instead, each Major Fund is presented individually, with all Non-Major Funds summarized and presented in a single column. Governmental Funds – Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements focus on near- term inflows and outflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating a government’s near-term financial capacity. Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the government’s near-term financing decisions. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures, and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. These reconciliations are presented on the pages immediately following each governmental fund financial statement. As of fiscal year 2022, the City maintains numerous governmental funds within the adopted budget and its financial system. However, for financial reporting, the funds are summarized as follows for presentation purposes: Each major fund is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures, and changes in fund balance. Information for the City’s remaining governmental funds is combined into a single, aggregated “Other Governmental Funds” column. Individual fund data for each of these non-major governmental funds is provided in the supplementary information portion of the report. Proprietary Funds – The City maintains two different types of proprietary funds - enterprise funds and internal service funds. Enterprise funds are used to report the same functions presented as business-type activities in the government-wide financial statements. The City uses enterprise funds to account for its Sewer, Sewer Development Impact Fees, Development Services, Chula Vista Elite Athlete Training Center, Bayfront Trolley Station, Transit, Chula Vista Muni Golf Course, Transport Enterprise, and Living Coast Discovery Center. Internal service funds are used Fund Category Major Funds Non-Major Funds Total General Fund 1 0 1 Special Revenue 2 16 18 Capital Project 1 9 10 Debt Service 2 3 5 Permanent 0 0 0 Total Presented 6 28 34 7 Page 634 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda to accumulate and allocate costs internally among the City’s various functions. The City uses internal service funds to account for its fleet management, technology replacement, and workers compensation program. Because these services predominantly benefit governmental rather than business-type functions, they have been included within governmental activities in the governmental-wide financial statements. Proprietary funds provide the same type of information as the government-wide financial statements, only in more detail. Like the government-wide financial statements, proprietary fund financial statements use the accrual basis of accounting. There is no reconciliation needed between the government-wide financial statements for business-type activities and the proprietary fund financial statements. Fiduciary Funds – Fiduciary funds are used to account for resources held for the benefit of parties outside the government. Fiduciary funds are not reflected in the government-wide financial statements because the resources of those funds are not available to support the City’s own programs. Notes to Basic Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. Required Supplementary Information In addition to the basic financial statements and accompanying notes, this report also presents certain required supplementary information concerning the City’s budgetary results for the general fund and all major special revenue funds with an appropriated budget. Required supplementary information also includes trend data for the City’s pension plans and other postemployment benefits. Other supplementary information, including combining statements for nonmajor governmental funds, nonmajor proprietary funds, internal service funds, and all custodial funds, are presented immediately following the required supplementary information. Budgetary comparison schedules are also included in this section for all nonmajor governmental funds with an appropriated budget. GOVERNMENT-WIDE FINANCIAL ANALYSIS Net Position As noted earlier, net position may serve over time as a useful indicator of a government’s financial position. As of June 30, 2022, the City’s total net position (governmental and business-type activities) was $1,720.7 million, a net increase of $130.0 million or 8.2% from the prior fiscal year. The City’s governmental activities increased by $94.7 million and business-type activities increased by $35.3 million. The following Summary of Net Position table shows the components that make up the City’s net position at June 30, 2022 and 2021. 8 Page 635 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Summary of Net Position Fiscal Year Ended June 30 As the Summary of Net Position table illustrates, fiscal year 2022 total amount of $1,463.4 million is reported as net investment in capital assets, which represents capital assets (e.g. land, streets, sewers, buildings, improvements, equipment, right-to-use lease assets, and work in progress), less any related debt used to acquire those capital assets that are still outstanding. The City uses these capital assets to provide services to citizens; consequently, these assets are not available for future spending. Although the City’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate this debt. A portion of the City’s fiscal year 2022 net position is restricted, $218.8 million and represents resources that are subject to external restrictions on how they may be used. Restricted net position increased $21.5 million from the prior year and is mainly related to capital projects and pension. Unrestricted net position represents the portion of net position that can be used to finance daily operations without constraints established by debt covenants, enabling legislation, or other legal requirements. Fiscal year 2022 unrestricted net position of $38.5 million is comprised of negative $97.6 million for governmental activities offset by positive $136.1 million for business-type activities. Unrestricted net position increased by $54.5 million from the prior fiscal year. At the end of the fiscal year, the City was able to report positive balances for all categories of net position for its business-type activities, however, both the total primary government as well as the governmental activities columns show a negative unrestricted net position, which was a result of net pension, OPEB liabilities and implementation of GASB Statement No. 87 Leases. 2022 2021 2022 2021 2022 2021 Current Assets 491,605,672$ 429,939,347$ 183,374,011$ 164,339,587$ 674,979,683$ 594,278,934$ Non-Current Assets 178,621,179 23,738,212 12,476,689 (3,528,268) 191,097,868 20,209,944 Capital Assets 1,281,546,729 1,251,471,456 324,363,653 321,060,921 1,605,910,382 1,572,532,377 Total Assets 1,951,773,580 1,705,149,015 520,214,353 481,872,240 2,471,987,933 2,187,021,255 Deferred outflow of resources 27,287,658 372,492,780 1,998,246 41,901,555 29,285,904 414,394,335 Total Deferred Outflows 27,287,658 372,492,780 1,998,246 41,901,555 29,285,904 414,394,335 Current Liabilities 114,543,305 55,107,750 17,773,993 12,971,432 132,317,298 68,079,182 Non-Current Liabilities 499,340,761 852,540,821 33,218,169 85,803,878 532,558,930 938,344,699 Total Liabilities 613,884,066 907,648,571 50,992,162 98,775,310 664,876,228 1,006,423,881 Deferred inflows of resources 104,682,399 4,213,867 10,966,035 19,832 115,648,434 4,233,699 Total Deferred Inflows 104,682,399 4,213,867 10,966,035 19,832 115,648,434 4,233,699 Net Position Net Investment in Capital Assets 1,139,225,615 1,092,307,720 324,179,036 317,133,368 1,463,404,651 1,409,441,088 Restricted 218,852,340 196,782,954 - 565,547 218,852,340 197,348,501 Unrestricted (97,583,182) (123,311,317) 136,075,366 107,279,738 38,492,184 (16,031,579) Total Net Position 1,260,494,773$ 1,165,779,357$ 460,254,402$ 424,978,653$ 1,720,749,175$ 1,590,758,010$ Governmental Activities Business-Type Activities Total 9 Page 636 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Changes in Net Position The statement of net position provides a snapshot at a given point in time of the assets, liabilities, and deferred inflows and outflows of resources of the City. The other citywide statement provided is the Statement of Activities. This statement provides the readers with information regarding the revenues, expenses, and changes in net position over the fiscal year. Generally, all changes to the City’s net position from one fiscal year to the next flow through the Statement of Activities. Summary of Changes in Net Position Fiscal Year Ended June 30 Further analysis is provided within the governmental and business-type activities in the following sections. 2022 2021 2022 2021 2022 2021 Revenues: Program Revenues: Charges for Services 54,088,129$ 44,606,846$ 84,025,377$ 53,304,108$ 138,113,506$ 97,910,954$ Operating Grants & Contributions 47,300,700 25,787,760 185,587 47,300,700 25,973,347 Capital Grants & Contributions 58,796,673 59,987,995 2,672,900 58,796,673 62,660,895 General Revenues: Property Taxes 69,565,097 66,864,796 69,565,097 66,864,796 Transient Occupancy Taxes 7,418,924 5,270,799 7,418,924 5,270,799 Sales Taxes 102,428,825 92,895,930 102,428,825 92,895,930 Franchise Taxes 13,852,030 13,130,357 13,852,030 13,130,357 Business License Taxes 1,979,843 1,680,475 1,979,843 1,680,475 Utility User Taxes 3,731,224 3,915,862 3,731,224 3,915,862 Residential Construction Taxes 12,481,058 11,554,226 12,481,058 11,554,226 Property Transfer Taxes 2,208,125 1,685,405 2,208,125 1,685,405 Investment Earnings (Losses)(6,855,109) 4,836,055 (3,650,561) 1,175,687 (10,505,670) 6,011,742 Miscellaneous 21,755,785 13,635,554 16,545,269 7,245,994 38,301,054 20,881,548 Gain (Loss) Disposal of Capital Assets 192,543 105,741 47,609 11,425 240,152 117,166 Total Revenues 388,943,847 345,957,801 96,967,694 64,595,701 485,911,541 410,553,502 Expenses: General Government 57,993,429 18,121,564 57,993,429 18,121,564 Public Safety 111,173,472 131,262,122 111,173,472 131,262,122 Community Development 45,701,258 8,555,836 45,701,258 8,555,836 Public Works 58,402,021 68,218,192 58,402,021 68,218,192 Parks and Recreation 13,542,362 40,789,923 13,542,362 40,789,923 Library 2,954,806 4,505,740 2,954,806 4,505,740 Interest on Long-Term Debt 15,631,745 8,857,969 15,631,745 8,857,969 Sewer Fund 33,398,914 39,808,699 33,398,914 39,808,699 Sewer DIFs 305,619 438,680 305,619 438,680 Development Services Fund 8,233,072 10,165,866 8,233,072 10,165,866 CV Elite Athlete Training Ctr 575,339 585,009 575,339 585,009 Bayfront Trolley Station 19 19 - Transit 8,500 8,461 8,500 8,461 Chula vista Muni Golf course 2,982,489 2,982,489 - Transport Fund 12,006,347 3,634,677 12,006,347 3,634,677 Living Coast Discovery Ctr 118,750 101,112 118,750 101,112 Total Expenses 305,399,093 280,311,346 57,629,049 54,742,504 363,028,142 335,053,850 Increase/(Decrease) in Net Position Before Transfers 83,544,754 65,646,455 39,338,645 9,853,197 122,883,399 75,499,652 Transfers 7,527,863 4,664,733 (7,527,863) (4,664,733) - - Change in Net Position 91,072,617 70,311,188 31,810,782 5,188,464 122,883,399 75,499,652 Net Position, Beginning of Year 1,165,779,357 1,094,652,799 424,978,653 419,790,189 1,590,758,010 1,514,442,988 Restatements 3,642,799 815,370 3,464,967 7,107,766 815,370 Net Position, Beginning of Year - Restated 1,169,422,156 1,095,468,169 428,443,620 419,790,189 1,597,865,776 1,515,258,358 Net Position, End of Year 1,260,494,773$ 1,165,779,357$ 460,254,402$ 424,978,653$ 1,720,749,175$ 1,590,758,010$ Governmental Activities Business-Type Activities Total 10 Page 637 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Governmental Activities The City’s governmental activities net position increased by $94.7 million or 8.1%, which partially offsets the City’s negative unrestricted net position due to pension and OPEB related, and the implementation of GASB Statement No. 87 Leases. The chart below compares the cost of services by function for the City’s governmental activities along with the program revenues used to cover those costs. Total program revenues from governmental activities were $160.2 million in fiscal year 2022, an increase of $29.8 million or 22.9% from the previous year. Program revenues are derived directly from the program itself or from parties outside the reporting government’s taxpayers or citizenry. They reduce the net cost of the function to be financed from the City’s general revenues. A discussion of the different Program Revenue categories and its components follows. Charges for Services for governmental activities had a net increase of $9.5 million or 21.3% from the previous fiscal year mainly due to reduced chargeable activities in community development of $5.0 million and increased chargeable activities in general government of $3.1 million and public works of $9.9 million. Changes by function in comparison to the prior fiscal year are summarized in the table below. Charges for Services Fiscal Year Ended June 30 Function 2022 2021 Increase (Decrease) General Government 6,763,379$ 3,685,466$ 3,077,913$ Public Safety 7,752,570 6,912,095 840,475 Community Development 5,836,312 10,780,843 (4,944,531) Public Works 30,823,899 20,949,678 9,874,221 Parks and Recreation 2,101,823 1,576,819 525,004 Library 810,146 701,945 108,201 Total Charges for Services 54,088,129$ 44,606,846$ 9,481,283$ 11 Page 638 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Operating Grants and Contributions for governmental activities had a net increase of $21.5 million from the previous fiscal year mainly due to increased federal contributions to the Emergency Rental Assistance Program (ERAP) and the federal contribution from the CARES Act ended in fiscal year 2022. Changes by function in comparison to the prior fiscal year are summarized in the table below. Operating Grants and Contributions Fiscal Year Ended June 30 Capital Grants and Contributions for governmental activities had a net decrease of $1.2 million from the previous fiscal year primarily due to a decrease in community development of $1.6 million. Changes by function in comparison to the prior fiscal year are summarized in the table below. Capital Grants and Contribution Fiscal Year Ended June 30 General Revenues are all other revenues not categorized as program revenues, such as property taxes, sales taxes and investment earnings. Total general revenues from governmental activities were $228.6 million in fiscal year 2022. The largest source of general revenues received during the year for governmental activities was taxes for a total of $213.7 million, which included amounts from Property Taxes for $69.6 million, Sales Taxes for $102.4 million, and Franchise Taxes for $13.9 million. All taxes combined increased a total of $16.7 million in comparison to the prior fiscal year. The City’s General Revenues increased overall by $13.1 million when compared to the prior fiscal year. While most of the revenue categories increased moderately from last year, there were Function 2022 2021 Increase (Decrease) General Government 3,846,872$ 769,931$ 3,076,941$ Public Safety 7,675,911 17,739,649 (10,063,738) Community Development 35,697,807 7,190,803 28,507,004 Public Works - 2,045 (2,045) Library 80,110 85,332 (5,222) Total Operating Grants and Contributions 47,300,700$ 25,787,760$ 21,512,940$ Function 2022 2021 Increase (Decrease) General Government 1,158,711$ 335,904$ 822,807$ Public Safety 47,226 35,937 11,289 Community Development 21,153,573 22,787,107 (1,633,534) Public Works 34,833,053 35,558,946 (725,893) Library 1,604,110 1,270,101 334,009 Total Capital Grants and Contributions 58,796,673$ 59,987,995$ (1,191,322)$ 12 Page 639 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda significant increases in the collection of sales taxes primarily due to increased consumer confidence and online sales, and Transient Occupancy taxes driven by pent-up travel demand after the COVID-19 pandemic travel restrictions. There were significant investment losses primarily due to the recognition of $11.6 million unrealized loss due to the change in the fair value of investments at June 30, 2022 and $1.3 million in trustee investment losses for the Section 115 Trust Fund. The significant changes in comparison to the prior fiscal year are identified in the table below. General Revenues Fiscal Year Ended June 30 Total governmental activity type expenses were $305.4 million in fiscal year 2022. The largest expenses were incurred for General Government, Public Safety, Community Development, and Public Works. These four activities combined account for 89.5% of all general activity expenses. These expenses do not include capital outlays, which are reflected in the City’s capital assets. Revenue Type 2022 2021 Increase (Decrease) Property Taxes 69,565,097$ 66,864,796$ 2,700,301$ Transient Occupancy Taxes 7,418,924 5,270,799 2,148,125 Sales Taxes 102,428,825 92,895,930 9,532,895 Franchise Taxes 13,852,030 13,130,357 721,673 Business License Taxes 1,979,843 1,680,475 299,368 Utility Users Tax 3,731,224 3,915,862 (184,638) Residential Construction Taxes 12,481,058 11,554,226 926,832 Property Transfer Tax 2,208,125 1,685,405 522,720 Investment Earnings (Losses) (6,855,109) 4,836,055 (11,691,164) Miscellaneous 21,755,785 13,635,554 8,120,231 Total General Revenues 228,565,802$ 215,469,459$ 13,096,343$ 13 Page 640 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Business-Type Activities Net position for business-type activities was $460.3 million, an increase of $35.3 million or 8.3% from the prior fiscal year. Total revenues for the business-type activities were $97.0 million, an increase of $32.4 million or 50.1% from the prior fiscal year. Total program revenues for business-type activities were $84.0 million, an increase of $27.9 million or 49.6% from prior fiscal year. The program revenues composed primarily of sewer service charges for $49.1 million, development fees for $10.8 million, golf course fees for $3.3 million, and transport enterprise fees for $20.0 million. The program revenue increase is primarily a result of the sewer rate increase, and transport enterprise activities in operation for the full year comparing to prior fiscal year, when it began its operation in the last quarter of fiscal year 2021. Total expenses for the business-type activities were $57.6 million, an increase of $2.9 million or 5.3% from the prior fiscal year. The total expenses were mainly related to sewer activities for $33.4 million, development services activities for $8.2 million, golf course activities for $3.0 million, and transport enterprise activities for $12.0 million. The net increase of $2.9 million is primarily related to increases in golf course activities of $3.0 million, decreases in sewer and development services activities for a total of $8.3 million, and increases in transport enterprise activities of $8.4 million resulting from a full year of operations in fiscal year 2022. FUND LEVEL FINANCIAL ANALYSIS As noted earlier, the City uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. Governmental Funds The City uses governmental fund accounting to ensure compliance with budgetary allocations and to maintain control over resources that are legally, or otherwise, restricted for specific purposes. The following is a discussion of the significant changes for the City’s major funds as shown on the balance sheet for governmental funds in the basic financial statements. General Fund – The General Fund is used to account for the general operations of the City. It is used to account for all financial resources, except those required to be accounted for in another fund. The General Fund is always reported as a major fund. For fiscal year 2022, the General Fund reported $230.0 million in revenues and $204.8 million in expenditures. This resulted in revenues over expenditures in the amount of $25.2 million. After accounting for net other financing uses of $7.3 million, the fund balance for the General Fund increased by $21.5 million for the fiscal year. Fiscal year 2022 total revenues had a net increase of $13.6 million or 6.3% from the prior fiscal year primarily due to increases in taxes of $22.6 million and charges for services of $9.5 million 14 Page 641 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda along with decreases in intergovernmental of $6.2 million, contributions of $2.3 million, use of money and property of $3.1 million, and miscellaneous revenues of $7.1 million. Fiscal year 2022 expenditures decreased by $4.4 million or 2.1% in comparison to the prior fiscal year with increases in general government of $12.7 million and parks & recreation of $1.3 million, along with decreases in public safety of $13.0 million, community development of $3.2 million, and capital outlay of $2.4 million, which was a result of decreased activity across various capital improvement projects funded with Measure P sales tax. Total fund balance as of June 30, 2022, was $140.6 million, composed of $168.1 million in assets offset with $18.9 million in liabilities and $8.7 million in deferred inflows of resources related to unavailable revenues and leases. Total fund balance included $12.1 million of nonspendable amounts, which represents the portion of fund balance that is not available for appropriation. Restricted fund balance totaled $9.5 million, which is restricted for pension related expenditures. Committed fund balance totaled $11.7 million, including $9.1 million committed for economic contingency and $2.6 million committed for a catastrophic event contingency. This portion of fund balance includes amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the City Council and remains binding unless removed in the same manner. Assigned fund balance, totaling $79.6 million, represents the portion of fund balance that includes amounts that are constrained by the government’s intent to be used for specific purposes, but that are neither restricted nor committed. The City Council has delegated its authority to assign fund balance amounts to the City’s Director of Finance. The final component of total fund balance is unassigned fund balance. Unassigned fund balance totaling $27.7 million, represents the portion of fund balance that is available for appropriation for any purpose. Sundry Grants Fund – The Sundry Grants fund is to account for various federal, state and local grants, such as: Supplemental Law Enforcement Services, California Library Services Act, Public Library Act, asset seizure, local law enforcement block grants, California Recreation grants, Public Safety grants, ARRA grants, federal library grants, waste management and recycling, energy conservation, parks and recreation, social service grants, Gayle McCandliss memorial cultural arts, federal assistance, CDBG program income projects, HOME project, Community Development Block grants and American Rescue Plan Act funding. The Sundry Grants fund had total revenues of $50.5 million and expenditures of $51.5 million, resulting in revenues under expenditures in the amount of $1.0 million. Revenues were $27.7 million or 121.5% more in comparison to the prior fiscal year mainly due to the increased activities in the Emergency Rental Assistance Program (ERAP). The Sundry Grants fund balance decreased by $5.2 million for the fiscal year, after accounting for net other financing uses of $4.2 million. Total fund balance as of June 30, 2022, was $3.6 million, composed primarily of restricted fund balance, except for the amount classified as nonspendable related to prepaid costs. Housing Successor Agency Fund – The California legislature voted to end redevelopment agencies on January 31, 2012. This fund was created on February 1, 2012, as a result of the dissolution process and was formerly known as the Low- and Moderate-Income Housing Fund. The City opted to become the Successor Agency to the Redevelopment Agency and to the Low- and Moderate-Housing Successor. 15 Page 642 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda For fiscal year 2022, this fund had total negative revenues of $0.04 million composed primarily of unrealized investment losses, property rentals and loan repayments from affordable housing projects. Total fund balance as of June 30, 2022, was $13.1 million, a decrease of $0.05 million from the prior fiscal year. Fund balance is composed of restricted fund balance. Development Impact Fee Fund – This fund was established as a depository for various development impact fees (DIFs). The fees are levied against all new development in the City in order to pay for the construction or improvement of public facilities as a result of City growth. Revenues for this fund totaled $17.5 million attributable to building permit fees for new development. Expenditures totaled $2.3 million, of which, $1.4 million were capital expenditures on Telegraph Canyon Drainage, Traffic Signal and Transportation Development projects. Total fund balance for the year increased by $9.9 million or 15.9% from prior fiscal year. At June 30, 2022, fund balance in the amount of $72.3 million was presented as restricted fund balance for various capital projects related to public facilities due to new development. Proprietary Funds The City’s Sewer Fund is reported as a major fund on the Statement of Net Position for Proprietary Funds in the basic financial statements. Sewer Fund – The Sewer fund is used to account for all activities related to providing sewer services to the residents of Chula Vista. Resources for the fund come primarily from sewer service charges paid for by users of the system. For fiscal year 2022, operating revenues totaled $54.9 million, an increase of $12.4 million or 29.3% from the prior fiscal year. Part of that increase included $6.0 million donated assets from developers. Operating expenses totaled $33.4 million for the fiscal year, with the most significant cost related to the wastewater treatment by the City of San Diego in the amount of $25.1 million. In addition, non-operating expenses netted to $3.5 million, which included unrealized investment losses of $3.3 million. After accounting for all revenues and expenses, both operating and non-operating, and transfers and restatements, net position of the fund increased by $17.0 million from prior fiscal year, totaling $280.6 million as of June 30, 2022. Of total net position, $124.4 million is designated for sewer system infrastructures, such as pump stations, sewer lines and other related equipment, therefore, not available to fund the day-to-day operations of the sewer system. Current assets totaled $147.9 million, comprised of $136.6 million in cash and investments, and $11.3 million in receivables. Total liabilities at the end of the fiscal year were $12.4 million, of which $1.3 million were considered current liabilities, with the remainder non-current liabilities primarily related to other post-employment benefits (OPEB) and the Pension Obligation Bonds. The fund had $10.2 million of bonded debt. In addition, the fund reported deferred outflows of resources in the amount of $0.7 million and deferred inflows of resources for $4.2 million related to pension and OPEB costs. 16 Page 643 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Sewer Development Impact Fee Fund – This fund was established as a depository for sewer development impact fees. The fees are levied against all new development in the City in order to pay for the construction or improvement of public sewer facilities as a result of City growth. Operating revenues totaled $0.9 million for the fiscal year. Operating expenses totaled $4,095 for the year, comprised mainly of depreciation expense. In addition, non-operating revenues and expenses totaled $0.4 million, which were the interest expense and unrealized investment losses for the year. Net position of the fund was a negative $13.2 million primarily due to an interfund loan and was comprised of $5.1 million in assets and $18.3 million in liabilities (including the interfund loan from the Sewer Fund). Please reference Note 6 of the basic financial statements for additional information on the advances from other funds. Development Services Fund – This fund accounts for revenues and expenses related to the processing of development plans and permits. The fund is comprised of three divisions, Planning, Building, and Engineering, which provide direct services to property owners, developers, and the City as required for the entitlement and/or improvement of property. The services provided encompass most development activities, including land use entitlements; public infrastructure, open space, and landscape planning; public infrastructure construction, grading and building permits. Operating revenues totaled $21.5 million and were primarily comprised of permits and fees. Operating expenses totaled $8.0 million for the year, mostly comprised of personnel service costs. Total non-operating revenues and expenses was $0.4 million comprised of interest expense and unrealized investment losses. The sum of all transfers reflects funding to and from other funds for subsidies and overhead expenses. Net position of the fund was negative $12.5 million for the fiscal year primarily due to liabilities related to pensions. Current and noncurrent assets totaled $26.1 million for the fiscal year. Current liabilities were $14.8 million and noncurrent liabilities were $18.2 million primarily consisting of liabilities related to pension costs and OPEB. In addition, the fund also reported deferred outflows of resources in the amount of $0.9 million and deferred inflows of resources for $6.7 million related to pensions and OPEB. Chula Vista Elite Athlete Training Center (CVEATC) Fund – This fund was established to account for the CVEATC’s activities in partnership with Elite Athlete Services, the CVEATC operator. Net position decreased by $0.4 million from the prior year mainly due to depreciation expense and administrative costs. This fund’s primary asset consists of the land and facilities held for the Chula Vista Elite Athlete Training Center in the net amount of $195.7 million. Current liabilities totaled $0.6 million. Net position of the fund was $195.2 million primarily due to the facility contribution from the US Olympic Committee in January 2017. 17 Page 644 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda GENERAL FUND BUDGETARY HIGHLIGHTS The final amended general fund budget totaled $280.1 million including $36.0 million in budget amendments to the originally adopted budget, $14.1 million carried forward for capital improvements and encumbrances of $36.2 million, which will fund contractual obligations and outstanding purchase orders. The budget amendments occurred because of: staffing and organizational changes within various City departments; start of the Chula Vista Bayfront project; American Rescue Plan Act spending plan changes; modification of spending specific to Measure A, the City’s half cent sales tax which funds public safety staffing, and Measure P, the City’s half cent sales tax which funds infrastructure repair or replacement over the next several years; federal grant and other grant appropriations; adoption of labor agreements; transfers out to other funds; and new supplies and services appropriations approved subsequent to budget adoption. The General Fund’s budget amendments of $36.0 million are summarized as follows: Council Resolution Budget Amendments Expenditure 2021-157 Personnel Appropriation $ 60,280 2021-172 American Rescue Plan Appropriation 4,943,034 2021-207 Personnel Appropriation (Measure A) 542,672 2021-209 Federal Grant Appropriation 15,917 2021-219 Grant Match Appropriation 400,000 2021-236 Personnel Appropriation 79,310 2021-243 IAFF (non-safety)/WCE MOU Appropriation 50,159 2021-232 First Quarter Budget Adjustments 640,108 2021-245 Personnel Appropriation 43,096 2022-029 Personnel Appropriation 315,945 2022-039 MMPR MOU Appropriation 151,756 2022-054 Personnel Appropriation 13,524 2022-057 Second Quarter Budget Adjustments 5,641,116 2022-081 Personnel Appropriation 116,800 2022-088 Vehicle Appropriation (Measure A) 320,376 2022-105 Third Quarter Budget Adjustments 2,338,830 2022-107 Bayfront Contribution 1,800,000 2022-134 Donation Appropriation (Parks & Recreation) 250 2022-085 ARPA Allocation Transfer (200,000) 2022-236 FY2022 Year-End Budget Adjustments 18,749,614 TOTAL GENERAL FUND BUDGET AMENDMENTS $ 36,022,787 Revenues – Overall budgeted revenues were $249.5 million, and actuals were $250.1 million resulting in revenues exceeding budget by $0.6 million. The significant General Fund revenue variances were the following: The Taxes revenue category exceeded budget by a total of $11.1 million. This is primarily due to Sales Tax revenues exceeding budget by $6.3 million, as a result of population growth, increased consumer confidence, and online sales. The City is receiving more revenues due to the Supreme Court decision in the South Dakota vs Wayfair, Inc. case, and 18 Page 645 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda recent legislative changes by the California State increasing the collection of sales and use taxes from out-of-state businesses doing business within the state. Transient Occupancy Taxes revenues also exceeded budget by a total of $2.1 million, driven by pent-up travel demand after the COVID-19 pandemic travel restrictions. Intergovernmental revenues were below budget by a total of $1.5 million. Reimbursement from Other Agencies for the City Jail was below budget by $0.7 million due to the termination of the U.S. Marshalls Service contract for intergovernmental detention services. Use of Money and Property revenues were below budget by a total of $4.6 million, primarily due to recognition of a $5.0 million decrease in the fair value of investments and $1.3 million in trustee investment losses for the Section 115 Trust Fund. Miscellaneous revenues were above budget by a total of $1.5 million. A settlement for damaged property was received for $0.6 million greater than budgeted. Additionally, Fire Department staff time reimbursements increased by $0.2 million due to an increase in special events. Non-Departmental revenues increased by $0.2 million based on various insurance payments, Bayfront Project related reimbursements Transfers In were $5.1 million below budget, largely due to a delay in American Rescue Plan Act Fund project expenditures for Non-Departmental, Police and Fire Departments. Expenditures – Overall budgeted expenditures were $280.1 million, and actuals were $231.5 million, resulting in under budget expenditures of $48.6 million. The significant General Fund expenditure variances were the following: Capital outlay expenditures were below budget by a total of $37.6 million, which is due to the timing of capital outlay expenditures for multi-year capital projects. General Fund expenditures were below budget by a total of $8.8 million. The Police Department was under budget by $1.3 million, Fire Department was under budget by $1.4 million, and the Finance Department was under budget by $0.5 million, all primarily from reduced expenditures in the personnel, and supplies and services categories. The Development Services Department was under budget by $3.5 million, primarily due to the timing of receipt of the California State Cashflow loan funds of $3.4 million for the Chula Vista Housing Authority to fund the City’s Emergency Rental Assistance Program. The Economic Development Department was under budget by $0.7 million as projects under the American Rescue Plan Act Spending Plan have experienced delays. Transfers Out were below budget by a total of $2.2 million. Modifications to scheduled transfers out for the 2021 Pension Obligation Bonds, Section 115 Trust and Bayfront Project allocations were made during the fiscal year. Additionally, staff time reimbursements which are processed via transfers are based on actual costs and may vary. 19 Page 646 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets The City’s investment in capital assets for its governmental and business-type activities as of June 30, 2022, amounts to $1,605.9 million, net of accumulated depreciation of $754.3 million. This investment in capital assets includes land, buildings, improvements, machinery and equipment, infrastructure, right-to-use leased assets, and construction in progress. Infrastructure assets are items that are normally immovable and of value only to the City such as roads, bridges, streets and sidewalks, drainage systems, lighting systems and similar items. The total change to the City’s investment in capital assets for the current fiscal year was an increase of $33.4 million, net of accumulated depreciation. Additional information on the City’s capital assets can be found in Note 7 of the basic financial statements. Debt Administration Long Term Debt - At June 30, 2022, the City had $497.6 million in debt outstanding compared to $517.6 million last year. An adjustment of ($0.8) million to the beginning balance of $517.6 million due to the GASB 87 Lease implementation, brought the beginning balance to $516.8 million, a net decrease of $19.2 million. This was primarily due to bond payable deletions in the amount of $16.1 million, a $6.5 million deletion for pension related debt, and an ERAP Loan addition in the amount of $3.4 million. Most of the debt is in the form of pension obligation bonds of $343.5 million, lease revenue bonds of $63.1 million, and certificates of participation of $63.2 million. The remainder of the outstanding long-term debt is in the form of CDBG Section 108 loan, unamortized bond premium, notes payable, and financed purchases. Leases identified under the new GASB 87 Lease implementation were removed from the long-term debt Note 8 and reclassified as GASB 87 Leases under Note 12. The city has no outstanding general obligation debt. As of June 30, 2021, the City received an AA long-term rating for its 2021 Taxable Pension Obligation Bonds (POBs). At the same time, it was affirmed that the City maintains its AA- rating by Standard & Poor's for the Chula Vista Public Financing Authority Certificates of Participation and Chula Vista Municipal Financing Authority Lease Revenue Bonds, which represents a stable outlook. Additional information on the City's long-term debt obligations can be found in note 8 of the basic financial statements. ECONOMIC FACTORS AND NEXT YEAR’S BUDGET Property Assessed Valuation and Tax According to the County of San Diego Assessors’ Office, the City’s total property assessed valuation (both secured and unsecured) for 2022 was $35,200.2 million. This was an increase of $1,421.9 million, or 4.21% over the 2021 property assessed valuation. It should be noted that assessed value was set as of January 1 each year. Actual current secured property tax revenues for fiscal year 2022 totaled $37.9 million, which is $1.9 million more than collected in the prior year. 20 Page 647 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Building Activity The valuation of all building and related permits totaled $492.8 million for fiscal year 2022. This is approximately 2.9% more than the valuation of $478.8 million for these permit categories in the prior fiscal year. Building Permit Valuation Fiscal Year Ended June 30 The issuance of building permits is a result of several different factors, the largest of which are market based. Permits are not pulled unless there is sufficient demand in the market, or the builders are able to sell the homes for a sufficient price to cover costs and a profit margin. The other factor impacting the issuance of building permits is the development timeline, and whether the developers have all the necessary approvals in place to move forward with construction. Local Economy Over two years have passed since the onset of the COVID-19 pandemic which led to global health and economic crises that continue to impact supply chains, prices, and employment today. Through recovery funds from the CARES and American Rescue Plan Acts, and other localized efforts, cities have demonstrated their resiliency and fiscal leadership in responding to COVID-19 and a myriad of challenges such as affordable housing and infrastructure. While heavily impacted industries like trade and tourism are rebounding, uncertainties remain in regard to higher labor, materials, and energy costs. Persistent, broad inflationary pressures as well as geopolitical factors like the Russia- Ukraine conflict and COVID-19 shutdowns in China also contribute more uncertainty to our globalized economy overall. According to the U.S. Bureau of Labor Statistics, the seasonally unadjusted unemployment rate in San Diego County was 3.2% in June 2022, which is lower than the 7.0% rate recorded one year ago in June 2021. The regional unemployment rate for June 2022 remained lower than the California state’s rate of 4.2%, and the national unemployment rate of 3.6%. The City’s unemployment rate also decreased from the prior year, 3.7% in June 2022 in comparison to 8.1% in June 2021. The consumer price index for the greater San Diego area showed an increase of 6.6% for the calendar year 2021, which is higher than the 1.5% rate for calendar year 2020. Consumer price index information for the San Diego area is only released twice each year, June and December. The consumer price index for the first half of calendar year 2021 increased at an annual rate of 4.1%, whereas the second half of the year showed a rate increase of 6.3%, resulting in the overall Permit Category 2022 2021 Change $ Change % Residential 248,217,310$ 328,455,056$ (80,237,746)$ -24.4% Non-Residential 133,873,850 60,216,359 73,657,492 122.3% Additions & Alterations 110,453,571 89,823,253 20,630,318 23.0% Demolitions 205,890 259,932 (54,043) -20.8% Total 492,750,621$ 478,754,600$ 13,996,021$ 2.9% 21 Page 648 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda total rate for the year of 5.2%. For the first half of calendar year 2022, the rate increased at a higher annual rate of 8.1%. In June 2022, the region’s housing market reported 3,039 existing single-family homes sold. On average, single-family homes in the region were on the market for 20 days in June 2022, a decrease of 4 days of market time in comparison to June 2021. The median price for the region in June 2022 was $987,225, an increase of 12.8% compared to one year ago, when the median price was $780,000. The table below presents the City’s five zip codes median listing price for single-family homes comparing data for June 2022 and June 2021. The information was obtained from Zillow Inc, a company that tracks and analyzes real estate markets. Data for June 2022 Compared to June 2021 In fiscal year 2022, the City of Chula Vista and the Port of San Diego successfully secured $275 million in public bond funding for construction on the Chula Vista bayfront, enabling the flagship Gaylord Pacific Resort and Convention Center project to break ground. The developed Chula Vista bayfront is expected to have an enormous impact on the City and the San Diego region, attracting visitors from throughout the State of California and beyond. The developed bayfront will raise the City’s quality of life, with new parks and coastal access, and amenities for all to enjoy. The construction project is anticipated to create 3,580 jobs and once open is expected to have an economic impact of half-a-billion dollars each year and produce 4,000 permanent jobs. Fiscal Year 2023 Budget The City ended the fiscal year 2022 with an unassigned fund balance of $27.7 million and a committed fund balance of $11.7 million, including $9.1 million for an Economic Contingency Reserve and $2.6 million for a Catastrophic Events Contingency Reserve within the General Fund. Assigned fund balance included $29.1 million related to capital projects funded by Measure P sales tax as well as $40.1 million related to Measure A sales tax. In May 2022, the Chula Vista City Council adopted the fiscal year 2023 budget which provides $533.7 million in appropriations to fund all City activities. The General Fund budget total is $248.9 million. The City continues to adopt a one-year budget. Zip Code Locale 2022 2021 Percent Change 91910 North 744,067$ 637,263$ 16.8% 91911 South 801,169 671,255 19.4% 91913 Eastlake 884,824 728,186 21.5% 91914 Northeast 846,481 698,827 21.1% 91915 Southeast 1,117,590 894,534 24.9% Single-Family Home Median Price 22 Page 649 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda The City’s property tax values continue to recover from the late 2000’s national mortgage crisis and recession. Based on information received from the San Diego County Assessor, Chula Vista’s projected change in total assessed value for fiscal year 2023 is 8.14% higher when compared to fiscal year 2022 total assessed values. Management budgeted anticipated property tax revenue growth of 3.7% over the prior year’s adopted budget. REQUESTS FOR INFORMATION This financial report is designed to provide a general overview of the City’s finances for all of its citizens, taxpayers, customers, investors and creditors. Questions concerning any of the information provided in this report or requests for additional information should be addressed to the City of Chula Vista, Finance Department, 276 Fourth Avenue, Chula Vista, California 91910. 23 Page 650 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 24 Page 651 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda BASIC FINANCIAL STATEMENTS 25 Page 652 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 26 Page 653 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda GOVERNMENT-WIDE FINANCIAL STATEMENTS 27 Page 654 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 28 Page 655 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF NET POSITION JUNE 30, 2022 Governmental Business-Type Activities Activities Total ASSETS Cash and investments 391,049,859$ 159,768,373$ 550,818,232$ Restricted assets: Cash and investments 11,433,827 -11,433,827 Cash with fiscal agent 9,736,167 -9,736,167 Receivables: Accounts 3,723,802 22,810,811 26,534,613 Taxes 25,505,014 -25,505,014 Accrued interest 1,643,594 627,815 2,271,409 Deferred loans 59,654,201 -59,654,201 Leases 58,320 -58,320 Due from other governments 9,279,539 9,544 9,289,083 Advances to Successor Agency of Chula Vista RDA 9,095,666 -9,095,666 Internal balances 2,918,563 (2,918,563)- Inventories -82,756 82,756 Prepaid costs 749,663 76,922 826,585 Net pension asset 145,378,636 15,395,252 160,773,888 Capital assets not being depreciated 594,706,565 191,305,807 786,012,372 Capital assets, net of depreciation 686,840,164 133,057,846 819,898,010 Total Assets 1,951,773,580 520,216,563 2,471,990,143 DEFERRED OUTFLOWS OF RESOURCES Pension related 16,725,578 898,391 17,623,969 OPEB related 6,960,659 1,099,855 8,060,514 Deferred charge on refunding 3,601,421 -3,601,421 Total Deferred Outflows of Resources 27,287,658 1,998,246 29,285,904 LIABILITIES Accounts payable 13,745,034 1,517,145 15,262,179 Accrued liabilities 7,571,067 696,951 8,268,018 Retention payable 1,065,198 103,368 1,168,566 Accrued interest payable 1,853,681 62,848 1,916,529 Deposits payable 3,574,443 13,255,887 16,830,330 Unearned revenue 54,005,880 20,157 54,026,037 Noncurrent liabilities: Due within one year: Bonds, notes, leases, and financed purchases 22,227,779 1,626,979 23,854,758 Compensated absences 6,500,223 492,868 6,993,091 Claims and judgments 4,000,000 -4,000,000 Due in more than one year: Total OPEB liability 23,704,567 3,745,565 27,450,132 Bonds, notes, leases, and financed purchases 445,504,116 29,120,757 474,624,873 Compensated absences 2,899,671 351,847 3,251,518 Claims and judgments 27,232,407 -27,232,407 Total Liabilities 613,884,066 50,994,372 664,878,438 DEFERRED INFLOWS OF RESOURCES Leases related 58,320 -58,320 Pension related 102,009,167 10,552,851 112,562,018 OPEB related 2,614,912 413,184 3,028,096 Total Deferred Inflows of Resources 104,682,399 10,966,035 115,648,434 NET POSITION Net investment in capital assets 1,139,225,615 324,179,036 1,463,404,651 Restricted for: Community development projects 43,373,631 -43,373,631 Public safety 2,482,640 -2,482,640 Parks and recreation 43,441,533 -43,441,533 Capital projects 120,514,681 -120,514,681 Debt service 11,355,558 -11,355,558 Library 188,367 -188,367 Pension 9,465,060 -9,465,060 Unrestricted (109,552,312) 136,075,366 26,523,054 Total Net Position 1,260,494,773$ 460,254,402$ 1,720,749,175$ Primary Government The notes to financial statements are an integral part of this statement.29 Page 656 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Operating Capital Total Charges for Contributions Contributions Program Expenses Services and Grants and Grants Revenues FUNCTIONS/PROGRAMS: Primary Government: Governmental Activities: General government 57,993,429$ 6,763,379$ 3,846,872$ 1,158,711$ 11,768,962$ Public safety 111,173,472 7,752,570 7,675,911 47,226 15,475,707 Community development 45,701,258 5,836,312 35,697,807 21,153,573 62,687,692 Public works 58,402,021 30,823,899 - 34,833,053 65,656,952 Parks and recreation 13,542,362 2,101,823 --2,101,823 Library 2,954,806 810,146 80,110 1,604,110 2,494,366 Interest on long-term debt 15,631,745 ---- Total Governmental Activities 305,399,093 54,088,129 47,300,700 58,796,673 160,185,502 Business-Type Activities: Sewer Fund 33,398,914 49,050,723 -- 49,050,723 Sewer Development Impact Fees 305,619 886,029 --886,029 Development Services Fund 8,233,072 10,807,052 -- 10,807,052 CV Elite Athlete Training Ctr 575,339 ---- Bayfront Trolley Station 19 ---- Transit Fund 8,500 ---- Chula Vista Muni Golf Course 2,982,489 3,300,593 -- 3,300,593 Transport Enterprise 12,006,347 19,980,980 -- 19,980,980 Living Coast Discovery Center 118,750 ---- Total Business-Type Activities 57,629,049 84,025,377 -- 84,025,377 Total Primary Government 363,028,142$ 138,113,506$ 47,300,700$ 58,796,673$ 244,210,879$ GENERAL REVENUES Taxes: Property taxes, levied for general purpose Transient occupancy taxes Sales taxes Franchise taxes Business licenses taxes Utility users tax Residential construction tax Property transfer tax Investment losses Miscellaneous Gain on sale of capital asset TRANSFERS Total General Revenues and Transfers Change in Net Position NET POSITION - BEGINNING Restatement Net Position - Beginning, as restated NET POSITION - ENDING Program Revenues The notes to financial statements are an integral part of this statement.30 Page 657 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Primary Government Governmental Business-Type Activities Activities Total (46,224,467)$ -$ (46,224,467)$ (95,697,765)-(95,697,765) 16,986,434 -16,986,434 7,254,931 -7,254,931 (11,440,539)-(11,440,539) (460,440)-(460,440) (15,631,745)-(15,631,745) (145,213,591)- (145,213,591) - 15,651,809 15,651,809 -580,410 580,410 - 2,573,980 2,573,980 - (575,339) (575,339) -(19)(19) -(8,500)(8,500) -318,104 318,104 - 7,974,633 7,974,633 - (118,750) (118,750) - 26,396,328 26,396,328 (145,213,591) 26,396,328 (118,817,263) 69,565,097 - 69,565,097 7,418,924 - 7,418,924 102,428,825 - 102,428,825 13,852,030 - 13,852,030 1,979,843 - 1,979,843 3,731,224 - 3,731,224 12,481,058 - 12,481,058 2,208,125 - 2,208,125 (6,855,109) (3,650,561) (10,505,670) 21,755,785 16,545,269 38,301,054 192,543 47,609 240,152 7,527,863 (7,527,863)- 236,286,208 5,414,454 241,700,662 91,072,617 31,810,782 122,883,399 1,165,779,357 424,978,653 1,590,758,010 3,642,799 3,464,967 7,107,766 1,169,422,156 428,443,620 1,597,865,776 1,260,494,773$ 460,254,402$ 1,720,749,175$ Net (Expenses) Revenues and Changes in Net Position The notes to financial statements are an integral part of this statement.31 Page 658 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 32 Page 659 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda FUND FINANCIAL STATEMENTS 33 Page 660 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 34 Page 661 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda GOVERNMENTAL FUND FINANCIAL STATEMENTS 35 Page 662 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BALANCE SHEET GOVERNMENTAL FUNDS JUNE 30, 2022 Capital Projects Fund General ASSETS Cash and investments 113,936,855$ 56,921,986$ 11,654,432$ 72,864,916$ Receivables: Accounts 3,268,313 --13,661 Taxes 23,868,691 151,427 -- Accrued interest 520,066 231,260 48,980 303,920 Deferred loans (net of allowance for uncollectibles)- 23,771,509 25,289,606 3,491,559 Leases 58,320 --- Due from other governments 1,403,736 6,840,666 -- Due from other funds 2,345,480 --- Prepaid costs 242,509 20,249 -- Advances to other funds 2,783,149 --- Advances to Successor Agency of Chula Vista RDA 9,095,666 --- Restricted assets: Cash and investments 10,583,115 -850,712 - Cash and investments with fiscal agents ---- Total Assets 168,105,900$ 87,937,097$ 37,843,730$ 76,674,056$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE Liabilities: Accounts payable 8,675,633$ 1,922,342$ 295$ 122,068$ Retentions payable 824,982 30,208 -5,464 Accrued liabilities 7,235,580 251,608 -- Deposits payable 2,151,535 --- Due to other funds ---- Unearned revenues - 53,988,298 -- Total Liabilities 18,887,730 56,192,456 295 127,532 Deferred Inflows of Resources: Unavailable revenues 8,591,836 28,194,060 24,774,640 4,217,095 Related to leases 58,320 --- Total Deferred Inflows of Resources 8,650,156 28,194,060 24,774,640 4,217,095 Fund Balances: Nonspendable: Prepaid costs 242,509 20,249 -- Advances to Successor Agency of Chula Vista RDA 9,095,666 --- Advances to other funds 2,783,149 --- Restricted: Community development projects - 2,343,966 13,068,795 - Public safety - 997,999 -- Parks and recreation ---- Capital projects ---72,329,429 Debt service ---- Library - 188,367 -- Pensions 9,465,060 - -- Committed: Economic contingency 9,094,482 --- Catastrophic events contingency 2,637,362 --- Assigned: General government 2,116,497 --- Public safety 520,675 - -- Parks and recreation 307,322 --- Public works 452,233 - -- Community development 3,426,935 --- Capital projects 31,969,184 --- Public liability 118,877 - -- Measure A Sales Tax 40,179,817 --- Other 475,875 - -- Unassigned (deficit)27,682,371 --- Total Fund Balances 140,568,014 3,550,581 13,068,795 72,329,429 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 168,105,900$ 87,937,097$ 37,843,730$ 76,674,056$ Special Revenue Funds Sundry Grants Housing Successor Agency Development Impact Funds The notes to financial statements are an integral part of this statement.36 Page 663 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BALANCE SHEET GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments Receivables: Accounts Taxes Accrued interest Deferred loans (net of allowance for uncollectibles) Leases Due from other governments Due from other funds Prepaid costs Advances to other funds Advances to Successor Agency of Chula Vista RDA Restricted assets: Cash and investments Cash and investments with fiscal agents Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE Liabilities: Accounts payable Retentions payable Accrued liabilities Deposits payable Due to other funds Unearned revenues Total Liabilities Deferred Inflows of Resources: Unavailable revenues Related to leases Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Advances to Successor Agency of Chula Vista RDA Advances to other funds Restricted: Community development projects Public safety Parks and recreation Capital projects Debt service Library Pensions Committed: Economic contingency Catastrophic events contingency Assigned: General government Public safety Parks and recreation Public works Community development Capital projects Public liability Measure A Sales Tax Other Unassigned (deficit) Total Fund Balances Total Liabilities, Deferred Inflows of Resources, and Fund Balances Other Total Governmental Governmental Funds Funds -$ 8,883$ 123,621,463$ 379,008,535$ - - 401,853 3,683,827 -- 1,484,896 25,505,014 11,517 38 523,261 1,639,042 -- 7,101,527 59,654,201 ---58,320 -- 1,035,137 9,279,539 ---2,345,480 --484,087 746,845 ---2,783,149 ---9,095,666 ---11,433,827 5,872,223 83 3,863,861 9,736,167 5,883,740$ 9,004$ 138,516,085$ 514,969,612$ -$ 10,270$ 2,470,750$ 13,201,358$ - - 204,544 1,065,198 --39,965 7,527,153 -- 1,422,908 3,574,443 -- 1,808,638 1,808,638 --17,582 54,005,880 -10,270 5,964,387 81,182,670 -- 8,500,763 74,278,394 ---58,320 -- 8,500,763 74,336,714 --484,087 746,845 ---9,095,666 ---2,783,149 -- 26,960,870 42,373,631 -- 1,484,641 2,482,640 -- 43,441,533 43,441,533 -- 48,185,252 120,514,681 5,883,740 - 5,471,818 11,355,558 ---188,367 ---9,465,060 ---9,094,482 ---2,637,362 ---2,116,497 ---520,675 ---307,322 ---452,233 ---3,426,935 ---31,969,184 ---118,877 ---40,179,817 ---475,875 -(1,266) (1,977,266)25,703,839 5,883,740 (1,266) 124,050,935 359,450,228 5,883,740$ 9,004$ 138,516,085$ 514,969,612$ Debt Service Funds Public Financing Authority Municipal Financing Authority The notes to financial statements are an integral part of this statement.37 Page 664 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 38 Page 665 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET POSITION JUNE 30, 2022 Amounts reported for governmental activities in the statement of net position are different because: Total fund balances - governmental funds 359,450,228$ 1,281,100,889 Deferred outflows - pension related 16,627,397$ Deferred outflows - OPEB related 6,892,767 Deferred inflows - pension related (100,855,899) Deferred inflows - OPEB related (2,589,407) Total deferred outflows and inflows related to postemployment benefits (79,925,142) 217,974,561 10,013,912 Bonds payable (126,340,000) Private placement notes (8,995,027) Pension-related debt (314,711,438) Financed purchases (4,800,982) Leases (694,262) Compensated absences (9,308,809) Claims (31,232,407) Net OPEB liability (23,473,359) Accrued interest payable on long-term debt (1,850,359) Total long-term liabilities (521,406,643) Deferred amount on refunding 3,601,421 Premium on bonds payable (10,314,453) Total premiums, discounts, and deferred items (6,713,032) Net Position of Governmental Activities 1,260,494,773$ Capital assets used in governmental activities (less internal service fund allocations) are not financial resources and, therefore, are not reported in the funds. Other long-term assets that are not available to pay for current period expenditures and, therefore, are either deferred or not reported in the funds. (Note 2A). Internal service funds are used by management to charge the cost of fleet management, technology replacement, and workers' compensation to individual funds. The assets, deferred outflows of resources, liabilities, and deferred inflows of resources of the internal service funds are included in governmental activities in the statement of net position. Long-term liabilities that are not due and payable in the current period, and therefore, are not reported in the funds. Governmental funds report the effect of premiums, discounts, and refundings and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. Differences between expected and actual experiences, assumption changes, net differences between projected and actual earnings, and contributions subsequent to the measurement date for the postretirement benefits (pension and OPEB) are recognized as deferred outflows of resources and deferred inflows of resources on the statement of net position. The notes to financial statements are an integral part of this statement.39 Page 666 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Capital Projects Fund General Revenues: Taxes 201,184,068$ -$ -$ -$ Licenses and permits 1,962,967 --- Intergovernmental 2,512,219 48,999,427 -- Charges for services 16,247,055 1,771,326 -601,571 Use of money and property (investment losses)(958,477) (1,185,432) (176,312)(2,299,088) Fines and forfeitures 1,040,182 --- Developer participation 1,497,608 --19,152,074 Miscellaneous 6,490,615 922,697 138,420 - Total Revenues (net losses)229,976,237 50,508,018 (37,892)17,454,557 Expenditures: Current: General government 41,072,642 1,699,529 -- Public safety 100,999,524 8,006,698 -- Community development 3,730,499 40,387,079 7,227 664,786 Parks and recreation 11,596,166 --- Public works 20,503,508 --- Library 3,090,928 24,935 -- Capital outlay 22,477,039 1,369,964 -1,415,734 Debt service: Principal retirement 1,129,627 --65,488 Interest and fiscal charges 145,696 --158,522 Total Expenditures 204,745,629 51,488,205 7,227 2,304,530 Excess (Deficiency) Revenues over Expenditures 25,230,608 (980,187)(45,119)15,150,027 Other Financing Sources (Uses): Transfers in 16,696,969 467,456 -- Transfers out (28,397,242) (4,683,394)(6,269)(5,217,860) Leases 916,009 --- Issuance of debt 3,426,935 --- Total Other Financing Sources (Uses)(7,357,329) (4,215,938)(6,269)(5,217,860) Net Change in Fund Balances 17,873,279 (5,196,125)(51,388)9,932,167 Fund Balances - Beginning 119,104,252 8,746,706 13,120,183 62,397,262 Restatements 3,590,483 --- Fund Balances - Beginning, as Restated 122,694,735 8,746,706 13,120,183 62,397,262 Fund Balances (Deficit) - Ending 140,568,014$ 3,550,581$ 13,068,795$ 72,329,429$ Development Impact Funds Housing Successor Agency Sundry Grants Special Revenue Funds The notes to financial statements are an integral part of this statement.40 Page 667 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES GOVERNMENTAL FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Revenues: Taxes Licenses and permits Intergovernmental Charges for services Use of money and property (investment losses) Fines and forfeitures Developer participation Miscellaneous Total Revenues (net losses) Expenditures: Current: General government Public safety Community development Parks and recreation Public works Library Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) Revenues over Expenditures Other Financing Sources (Uses): Transfers in Transfers out Leases Issuance of debt Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances - Beginning Restatements Fund Balances - Beginning, as Restated Fund Balances (Deficit) - Ending Other Total Governmental Governmental Funds Funds -$ -$ 432,425$ 201,616,493$ ---1,962,967 -- 16,297,620 67,809,266 -- 19,839,903 38,459,855 543,864 1,045 (2,766,617)(6,841,017) --532,121 1,572,303 -- 5,333,475 25,983,157 -314,851 3,160,689 11,027,272 543,864 315,896 42,829,616 341,590,296 12,000 22,270 13,865,180 56,671,621 --34,446 109,040,668 --981,067 45,770,658 ---11,596,166 -- 14,446,064 34,949,572 ---3,115,863 -- 5,579,991 30,842,728 4,045,000 7,790,000 7,161,089 20,191,204 2,762,395 3,150,088 9,409,754 15,626,455 6,819,395 10,962,358 51,477,591 327,804,935 (6,275,531) (10,646,462) (8,647,975)13,785,361 6,821,313 10,645,196 16,844,632 51,475,566 -- (5,810,468)(44,115,233) ---916,009 -- 12,194,805 15,621,740 6,821,313 10,645,196 23,228,969 23,898,082 545,782 (1,266) 14,580,994 37,683,443 5,337,958 - 109,417,625 318,123,986 --52,316 3,642,799 5,337,958 - 109,469,941 321,766,785 5,883,740$ (1,266)$ 124,050,935$ 359,450,228$ Public Financing Authority Municipal Financing Authority Debt Service Funds The notes to financial statements are an integral part of this statement.41 Page 668 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 42 Page 669 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Amounts reported for governmental activities in the statement of activities are different because: Net change in fund balances - total governmental funds 37,683,443$ (2,507,616) 95,271 Donation of capital assets 33,576,438$ Loss on disposal of capital assets (1,120,190) 32,456,248 Notes issued (3,426,935) Leases issued (212,936) Pension-related debt (9,234,848) Principal paid on leases 278,118 Principal paid on bonds payable 11,835,000 Principal paid on pension-related debt 5,959,472 Principal paid on private placement notes 1,047,915 Principal paid on financed purchases 844,465 7,090,251 2,673,209 Accrued interest on long-term debt (1,133,582) Amortization of bond premiums and discounts 1,486,615 Amortization of deferred amounts on refunding (324,009) Compensated absences and claims 585,711 Changes in pension liabilities and related deferred outflows and inflows of resources 14,172,291 Changes in OPEB liabilities and related deferred outflows and inflows of resources (1,205,215) 13,581,811 Change in Net Position of Governmental Activities 91,072,617$ Governmental funds report capital outlays as expenditures. However, in the statement of activites, the cost of these assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays exceeded depreciation expense in the current period. (Note 2B). Revenues in the statement of activities that do not provide current financial resources are not reported as revenues in the funds. The net effect of various miscellaneous transactions involving capital assets (i.e., sales, trade-ins, and donations) is to increase net position. Bond and other debt proceeds provide current financial resources to governmental funds, but issuing debt increases long-term liabilities in the statement of net position. Repayment of bond and other debt principal is an expenditure in the governmental funds, but repayment reduces long-term liabilities in the statement of net position. Also, governmental funds report the effect of premiums, discounts, and similar items when debt is first issued, whereas these amounts are deferred and amortized in the statement of activities. The internal service funds are used by management to charge the costs of fleet management, technology replacement, and workers' compensation to individual funds. The net revenue of certain activities of internal service funds is reported with governmental activities. Some expenses reported in the statement of activities do not require the use of current financial resources and, therefore, are not reported as expenditures in the governmental funds. The notes to financial statements are an integral part of this statement.43 Page 670 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 44 Page 671 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda PROPRIETARY FUND FINANCIAL STATEMENTS 45 Page 672 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF NET POSITION PROPRIETARY FUNDS JUNE 30, 2022 ASSETS Current Assets: Cash and investments 136,647,837$ 4,920,649 $ 16,247,989 $ -$ Cash with fiscal agent 23 -37 - Receivables: Accounts 10,697,501 - 10,294 99,074 Accrued interest 570,978 20,392 29,078 - Due from other governments 9,387 -157 - Prepaid costs 15,326 - 56,637 - Inventories ---- Total Current Assets 147,941,052 4,941,041 16,344,192 99,074 Noncurrent Assets: Advances to other funds 18,302,927 - -- Net pension asset 5,911,376 - 9,483,876 - Capital assets: Land ---180,677,144 Construction in progress 10,007,828 22,176 -- Buildings and structures ---17,027,588 Machinery and equipment 8,937,438 -216,708 - Infrastructure 257,824,561 121,387 -- Right-to-use leased asset 5,350 -224,226 - Less accumulated depreciation/amortization (152,394,296) (21,276)(180,290)(2,024,580) Total Noncurrent Assets 148,595,184 122,287 9,744,520 195,680,152 Total Assets 296,536,236 5,063,328 26,088,712 195,779,226 DEFERRED OUTFLOWS OF RESOURCES Pension deferrals 344,959 -553,432 - OPEB deferrals 325,883 -420,932 - Total Deferred Outflows of Resources 670,842 -974,364 - LIABILITIES Current Liabilities: Accounts payable 517,852 -467,861 32,470 Accrued liabilities 161,179 -246,262 - Accrued interest 18,069 -29,636 - Compensated absences 228,859 - 264,009 - Retention payable 103,368 -43,664 - Unearned revenues 20,159 - -- Deposits payable -- 13,255,887 - Due to other funds ---536,664 Bonds, notes, and leases 263,068 - 469,873 - Total Current Liabilities 1,312,554 - 14,777,192 569,134 Noncurrent Liabilities: Accrued compensated absences 36,016 - 291,332 - Advances from other funds - 18,302,927 -- Bonds, notes, and leases 9,940,008 - 16,444,498 - Net OPEB liability 1,109,797 - 1,433,488 - Total Noncurrent Liabilities 11,085,821 18,302,927 18,169,318 - Total Liabilities 12,398,375 18,302,927 32,946,510 569,134 DEFERRED INFLOWS OF RESOURCES Pension deferrals 4,052,020 - 6,500,831 - OPEB deferrals 122,425 -158,132 - Total Deferred Inflows of Resources 4,174,445 - 6,658,963 - NET POSITION Net investment in capital assets 124,378,990 122,287 77,918 195,680,152 Unrestricted 156,255,268 (13,361,886) (12,620,315)(470,060) Total Net Position 280,634,258$ (13,239,599)$ (12,542,397)$ 195,210,092$ Sewer Development Impact Fees Development Services Fund Sewer Fund CV Elite Athlete Training Ctr Business-Type Activities - Enterprise Funds The notes to financial statements are an integral part of this statement.46 Page 673 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF NET POSITION PROPRIETARY FUNDS JUNE 30, 2022 ASSETS Current Assets: Cash and investments Cash with fiscal agent Receivables: Accounts Accrued interest Due from other governments Prepaid costs Inventories Total Current Assets Noncurrent Assets: Advances to other funds Net pension asset Capital assets: Land Construction in progress Buildings and structures Machinery and equipment Infrastructure Right-to-use leased asset Less accumulated depreciation/amortization Total Noncurrent Assets Total Assets DEFERRED OUTFLOWS OF RESOURCES Pension deferrals OPEB deferrals Total Deferred Outflows of Resources LIABILITIES Current Liabilities: Accounts payable Accrued liabilities Accrued interest Compensated absences Retention payable Unearned revenues Deposits payable Due to other funds Bonds, notes, and leases Total Current Liabilities Noncurrent Liabilities: Accrued compensated absences Advances from other funds Bonds, notes, and leases Net OPEB liability Total Noncurrent Liabilities Total Liabilities DEFERRED INFLOWS OF RESOURCES Pension deferrals OPEB deferrals Total Deferred Inflows of Resources NET POSITION Net investment in capital assets Unrestricted Total Net Position Adjustment to report the cumulative internal balance for the net effect of the activity between the internal service funds and the enterprise funds over time. (Note 2C) Net Position of Business-Type Activities Governmental Activities Other Enterprise Internal Funds Totals Service Funds 1,187,814 $ 159,004,289$ 12,041,324 $ 764,024 764,084 - 12,003,942 22,810,811 39,975 7,367 627,815 4,648 -9,544 - 4,959 76,922 2,818 82,756 82,756 - 14,050,862 183,376,221 12,088,765 - 18,302,927 - - 15,395,252 1,682,469 598,659 181,275,803 - - 10,030,004 - 727,553 17,755,141 - 4,545,936 13,700,082 5,583,602 - 257,945,948 - -229,576 - (1,952,459) (156,572,901)(5,137,762) 3,919,689 358,061,832 2,128,309 17,970,551 541,438,053 14,217,074 -898,391 98,181 353,040 1,099,855 67,892 353,040 1,998,246 166,073 455,296 1,473,479 543,676 289,510 696,951 44,010 15,143 62,848 3,322 -492,868 62,085 -147,032 - -20,159 - - 13,255,887 - 178 536,842 - 894,038 1,626,979 48,024 1,654,165 18,313,045 701,117 24,499 351,847 29,000 2,783,149 21,086,076 - 2,736,251 29,120,757 1,827,709 1,202,280 3,745,565 231,208 6,746,179 54,304,245 2,087,917 8,400,344 72,617,290 2,789,034 - 10,552,851 1,153,268 132,627 413,184 25,505 132,627 10,966,035 1,178,773 3,919,689 324,179,036 445,840 5,870,931 135,673,938 9,969,500 9,790,620$ 459,852,974 10,415,340$ 401,428 460,254,402$ Business-Type Activities - Enterprise Funds The notes to financial statements are an integral part of this statement.47 Page 674 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 OPERATING REVENUES Sales and service charges 49,050,723$ 886,029$ 10,807,052$ -$ Interdepartmental charges ---- Other 5,827,057 - 10,646,588 71,624 Total Operating Revenues 54,877,780 886,029 21,453,640 71,624 OPERATING EXPENSES Administration and general 27,201,720 1,054 7,906,192 238,193 Depreciation/amortization expense 6,179,091 3,041 98,879 337,146 Total Operating Expenses 33,380,811 4,095 8,005,071 575,339 Operating Income (Loss)21,496,969 881,934 13,448,569 (503,715) NONOPERATING REVENUES (EXPENSES) Loss on investments (3,330,402) (133,575) (132,881)(8,469) Interest expense (207,360) (301,524) (300,019)- Gain on disposal of capital assets 47,609 --- Total Nonoperating Revenues (Expenses)(3,490,153) (435,099) (432,900)(8,469) Income (Loss) Before Transfers 18,006,816 446,835 13,015,669 (512,184) Transfers in 99,392 -661,343 120,679 Transfers out (3,525,809)(2,740) (2,389,955)(31,280) Change in Net Position 14,580,399 444,095 11,287,057 (422,785) NET POSITION - BEGINNING 263,665,618 (13,683,694) (23,829,454)195,632,877 Restatements 2,388,241 --- Net Position - Beginning, as Restated 266,053,859 (13,683,694) (23,829,454)195,632,877 NET POSITION - ENDING 280,634,258$ (13,239,599)$ (12,542,397)$ 195,210,092$ Business-Type Activities - Enterprise Funds Sewer Fund Sewer Development Impact Fees Development Services Fund CV Elite Athlete Training Ctr The notes to financial statements are an integral part of this statement.48 Page 675 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION PROPRIETARY FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 OPERATING REVENUES Sales and service charges Interdepartmental charges Other Total Operating Revenues OPERATING EXPENSES Administration and general Depreciation/amortization expense Total Operating Expenses Operating Income (Loss) NONOPERATING REVENUES (EXPENSES) Loss on investments Interest expense Gain on disposal of capital assets Total Nonoperating Revenues (Expenses) Income (Loss) Before Transfers Transfers in Transfers out Change in Net Position NET POSITION - BEGINNING Restatements Net Position - Beginning, as Restated NET POSITION - ENDING Adjustment for the net effect of the current year activity between the internal service funds and the enterprise funds Change in Net Position of Business-Type Activities Governmental Activities Other Enterprise Internal Funds Totals Service Funds 23,281,573$ 84,025,377$ -$ --9,302,170 - 16,545,269 566,854 23,281,573 100,570,646 9,869,024 14,097,928 49,445,087 7,171,294 925,215 7,543,372 74,909 15,023,143 56,988,459 7,246,203 8,258,430 43,582,187 2,622,821 (45,234) (3,650,561)(14,093) (92,962) (901,865)(34,317) -47,609 192,543 (138,196) (4,504,817)144,133 8,120,234 39,077,370 2,766,954 433,750 1,315,164 257,982 (2,893,243) (8,843,027)(90,452) 5,660,741 31,549,507 2,934,484 3,053,153 7,480,856 1,076,726 - 4,129,879 7,480,856 9,790,620$ 10,415,340$ 261,275 31,810,782$ Business-Type Activities - Enterprise Funds The notes to financial statements are an integral part of this statement.49 Page 676 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FISCAL YEAR ENDED JUNE 30, 2022 CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers and users 52,171,925$ 886,029$ 23,592,637$ 66,149$ Cash received from interfund service provided ---- Cash received from (paid to) suppliers for goods and services (22,885,154)11,308 288,582 (229,099) Cash paid to employees for services (5,673,663)(18,149) (9,986,294)- Cash received from (payments to) others 2,388,241 --- Net Cash Provided by (Used for) Operating Activities 26,001,349 879,188 13,894,925 (162,950) CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES Principal payments on pension bonds (3,038,830)- (8,603,996)- Cash transfers in 99,392 -661,343 120,679 Cash received from interfund borrowings ---82,020 Cash transfers out (3,525,809)(2,740) (2,389,955)(31,280) Interest paid on interfund borrowings - (301,524)-- Repayment of interfund borrowings (301,523) 301,524 -- Interest paid on pension bonds (281,267)(447,724) Net Cash Provided by (Used for) Non-Capital Financing Activities (7,048,037)(2,740) (10,780,332)171,419 CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Proceeds from sales of capital assets 47,609 --- Acquisition and construction of capital assets (9,687,471)(7,737) (255,354)- Principal paid on capital debt ---- Interest paid on capital debt ---- Net Cash Used for Capital and Related Financing Activities (9,639,862)(7,737) (255,354)- CASH FLOWS FROM INVESTING ACTIVITIES Investment loss (3,901,378) (153,967) (161,959)(8,469) Net Cash Used for Investing Activities (3,901,378) (153,967) (161,959)(8,469) Net Increase in Cash and Cash Equivalents 5,412,072 714,744 2,697,280 - Cash and Cash Equivalents - July 1 131,235,788 4,205,905 13,550,746 - Cash and Cash Equivalents - June 30 136,647,860$ 4,920,649$ 16,248,026$ -$ Reconciliation of Cash and Cash Equivalents to the Amounts Reported on the Statement of Net Position Cash and investments 136,647,837$ 4,920,649$ 16,247,989$ -$ Cash with fiscal agent 23 -37 - Total Cash and Cash Equivalents reported on the Statement of Net Position 136,647,860$ 4,920,649$ 16,248,026$ -$ Sewer Development Impact Fees Business-Type Activities - Enterprise Funds Development Services Fund CV Elite Athlete Training Ctr Sewer Fund The notes to financial statements are an integral part of this statement.50 Page 677 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FISCAL YEAR ENDED JUNE 30, 2022 CASH FLOWS FROM OPERATING ACTIVITIES Cash received from customers and users Cash received from interfund service provided Cash received from (paid to) suppliers for goods and services Cash paid to employees for services Cash received from (payments to) others Net Cash Provided by (Used for) Operating Activities CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES Principal payments on pension bonds Cash transfers in Cash received from interfund borrowings Cash transfers out Interest paid on interfund borrowings Repayment of interfund borrowings Interest paid on pension bonds Net Cash Provided by (Used for) Non-Capital Financing Activities CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Proceeds from sales of capital assets Acquisition and construction of capital assets Principal paid on capital debt Interest paid on capital debt Net Cash Used for Capital and Related Financing Activities CASH FLOWS FROM INVESTING ACTIVITIES Investment loss Net Cash Used for Investing Activities Net Increase in Cash and Cash Equivalents Cash and Cash Equivalents - July 1 Cash and Cash Equivalents - June 30 Reconciliation of Cash and Cash Equivalents to the Amounts Reported on the Statement of Net Position Cash and investments Cash with fiscal agent Total Cash and Cash Equivalents reported on the Statement of Net Position Governmental Activities Other Enterprise Internal Funds Totals Service Funds 17,534,703$ 94,251,443$ -$ --9,865,444 (5,017,266) (27,831,629)(5,954,185) (7,856,650) (23,534,756)(1,424,197) 339,170 2,727,411 - 4,999,957 45,612,469 2,487,062 - (11,642,826)(920,291) 433,750 1,315,164 257,982 178 82,198 - (2,893,243) (8,843,027)(90,452) - (301,524)- (446,244) (446,243)- - (728,991)(48,076) (2,905,559) (20,565,249)(800,837) -47,609 192,543 - (9,950,562)(203,900) (862,811) (862,811)- (119,057) (119,057)- (981,868) (10,884,821)(11,357) (52,602) (4,278,375)(18,741) (52,602) (4,278,375)(18,741) 1,059,928 9,884,024 1,656,127 891,910 149,884,349 10,385,197 1,951,838$ 159,768,373$ 12,041,324$ 1,187,814$ 159,004,289$ 12,041,324$ 764,024 764,084 - 1,951,838$ 159,768,373$ 12,041,324$ Business-Type Activities - Enterprise Funds The notes to financial statements are an integral part of this statement.51 Page 678 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FISCAL YEAR ENDED JUNE 30, 2022 Sewer Development Impact Fees Business-Type Activities - Enterprise Funds Development Services Fund CV Elite Athlete Training Ctr Sewer Fund Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities: Operating income (loss)21,496,969$ 881,934$ 13,448,569$ (503,715)$ Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities: Depreciation/Amortization 6,179,091 3,041 98,879 337,146 Restatement of beginning net position 2,388,241 --- (Increase) decrease in accounts receivable (2,726,014)-6,233 (5,474) (Increase) decrease in prepaid costs 5,036 -45,624 - (Increase) decrease in deferred outflows from pensions 13,745,536 - 26,614,570 - (Increase) decrease in deferred outflows from OPEB (45,276)-(58,481)- Increase (decrease) in accounts payable 86,941 (5,787) 230,096 9,093 Increase (decrease) in retentions payable (6,846)-12,862 - Increase (decrease) in accrued liabilities (20,072)-10,072 - Increase (decrease) in deposits payable 20,159 - 2,132,765 - Increase (decrease) in compensated absences 15,057 -6,716 - Increase (decrease) decrease in net pension liability (19,308,168)- (35,302,793)- Increase (decrease) in net OPEB liability 3,025 -3,907 - Increase (decrease) in deferred inflows from OPEB 122,425 -158,132 - Increase (decrease) in deferred inflows from pensions 4,045,245 - 6,487,774 - Total Adjustments 4,504,380 (2,746) 446,356 340,765 Net Cash Provided by (Used for) Operating Activities 26,001,349$ 879,188$ 13,894,925$ (162,950)$ Non-Cash Investing, Capital, and Financing Activities: Donated capital assets 6,001,175$ -$ -$ -$ Unrealized gain/(loss) on investments (5,213,744) (186,239) (209,966)(8,469) Unrealized gain/(loss) on investments 2,388,241 --- Gain on disposition of capital assets ---- The notes to financial statements are an integral part of this statement.52 Page 679 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF CASH FLOWS PROPRIETARY FUNDS FISCAL YEAR ENDED JUNE 30, 2022 Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities: Operating income (loss) Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities: Depreciation/Amortization Restatement of beginning net position (Increase) decrease in accounts receivable (Increase) decrease in prepaid costs (Increase) decrease in deferred outflows from pensions (Increase) decrease in deferred outflows from OPEB Increase (decrease) in accounts payable Increase (decrease) in retentions payable Increase (decrease) in accrued liabilities Increase (decrease) in deposits payable Increase (decrease) in compensated absences Increase (decrease) decrease in net pension liability Increase (decrease) in net OPEB liability Increase (decrease) in deferred inflows from OPEB Increase (decrease) in deferred inflows from pensions Total Adjustments Net Cash Provided by (Used for) Operating Activities Non-Cash Investing, Capital, and Financing Activities: Donated capital assets Unrealized gain/(loss) on investments Unrealized gain/(loss) on investments Gain on disposition of capital assets Governmental Activities Other Enterprise Internal Funds Totals Service Funds Business-Type Activities - Enterprise Funds 8,258,430$ 43,582,187$ 2,622,821$ 925,215 7,543,372 74,909 181,183 2,569,424 - (5,746,870) (8,472,125)1,484 (87,715)(37,055)(3,580) - 40,360,106 2,877,576 (353,040) (456,797)(21,124) 363,813 684,156 166,348 -6,016 - 99,535 89,535 2,265 - 2,152,924 - 24,499 46,272 38,959 - (54,610,961)(4,496,692) 1,202,280 1,209,212 46,746 132,627 413,184 25,505 - 10,533,019 1,151,845 (3,258,473) 2,030,282 (135,759) 4,999,957$ 45,612,469$ 2,487,062$ -$ 6,001,175$ -$ (57,907) (5,676,325)- - 2,388,241 - --192,543 The notes to financial statements are an integral part of this statement.53 Page 680 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF FIDUCIARY NET POSITION FIDUCIARY FUNDS JUNE 30, 2022 Custodial Funds ASSETS Cash and cash equivalents 3,610,443$ 8,311,072$ Cash and cash equivalents held with fiscal agents -81,215,177 Receivables: Accounts -878,216 Taxes -75,160 Notes and loans 121,769 47,202,668 Accrued interest 16,178 34,627 Advances to other funds -47,202,668 Capital assets, not being depreciated 5,600,080 27,796,396 Capital assets, net of accumulated depreciation 798,132 - Total Assets 10,146,602 212,715,984 DEFERRED OUTFLOWS OF RESOURCES Deferred charge on refunding 1,168,774 - Total Deferred Outflows of Resources 1,168,774 - LIABILITIES Accounts payable 100 104,368 Accrued interest 224,213 2,075,372 Due to other governments 55,141 - Advances from the City of Chula Vista 9,107,753 - Unearned revenues 121,769 - Long-term liabilities: Due in one year 1,920,000 - Due in more than one year 22,291,459 94,405,336 Total Liabilities 33,720,435 96,585,076 DEFERRED INFLOWS OF RESOURCES Related to loans -47,202,668 Total Deferred Inflows of Resources - 47,202,668 NET POSITION Restricted: Individuals, organizations, and other governments (22,405,059)68,928,240 Total Net Position (22,405,059)$ 68,928,240$ Private-Purpose Trust Fund Successor Agency of the Former Chula Vista RDA The notes to financial statements are an integral part of this statement. 54 Page 681 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA STATEMENT OF CHANGES IN FIDUCIARY NET POSITION FIDUCIARY FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ADDITIONS Investment Earnings: Net decrease in fair value of investments (161,868)$ (34,363)$ Interest, dividends, and other 47,383 43,723 Total Investment Earnings (114,485)9,360 Net Investment Gain (Loss)(114,485)9,360 Taxes 3,541,006 - Contributions from other governments -46,405,267 Special assessments -15,063,900 Miscellaneous -1,500 Total Additions 3,426,521 61,480,027 DEDUCTIONS Administrative expenses 242,954 168,826 Contractual services 158,877 3,814,314 Debt service and fiscal agent charges 779,595 15,742,993 Depreciation expense 47,722 - Payments to other organizations -6,900,292 Total Deductions 1,229,148 26,626,425 Net Increase in Fiduciary Net Position 2,197,373 34,853,602 NET POSITION - BEGINNING (24,602,432)(100,683,276) Restatements -134,757,914 Net Position - Beginning, as restated (24,602,432)34,074,638 NET POSITION - ENDING (22,405,059)$ 68,928,240$ Custodial Funds Private-Purpose Trust Fund Successor Agency of the Former Chula Vista RDA The notes to financial statements are an integral part of this statement. 55 Page 682 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 56 Page 683 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 NOTE DESCRIPTION PAGE 1 Reporting Entity and Summary of Significant Accounting Policies ................................................................. 59 2 Reconciliation of Government-Wide and Fund Financial Statements ............................................................... 70 3 Stewardship, Compliance, and Accountability .................................................................................................. 71 4 Cash and Investments ....................................................................................................................................... 72 5 Receivables ....................................................................................................................................................... 77 6 Interfund Balances and Transactions ................................................................................................................ 81 7 Capital Assets ................................................................................................................................................... 84 8 Long-Term Liabilities ....................................................................................................................................... 86 9 Unearned Revenue ............................................................................................................................................ 95 10 Compensated Absences .................................................................................................................................. 96 11 Self-Insurance Accrued Liabilities ................................................................................................................. 96 12 Leases .............................................................................................................................................................. 97 13 Pension Plans .................................................................................................................................................. 99 14 Post Retirement Health Benefits ................................................................................................................... 106 15 Commitments and Contingencies ................................................................................................................. 110 16 Restatements of Fund Balance and Net Position ........................................................................................... 111 17 Change in Accounting Estimate .................................................................................................................... 112 57 Page 684 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 58 Page 685 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies The basic financial statements of the City of Chula Vista, California (the “City”) have been prepared in conformity with generally accepted accounting principles of the United States of America (“U.S. GAAP”) as applied to governmental agencies. The Governmental Accounting Standards Board (“GASB”) is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The more significant of the City’s accounting policies are described below. A. Reporting Entity The City, incorporated in 1911, was recognized as a city in the State of California by election in 1949. The City operates under an elected Council and appointed City Manager form of government and provides the following services as authorized by its charter: public safety, community services, engineering services, planning services, public works, general administrative services, and capital improvements. The financial reporting entity consists of the primary government, the City, and its component units. Component units are legally separate entities for which the elected officials of the primary government are financially accountable. In addition, component units can be other organizations for which the primary government is accountable, and their exclusion would cause the reporting entity’s financial statements to be misleading or incomplete. Blended Component Unit Blended component units, although legally separate entities, are, in substance part of the primary government’s operation and so data from these units are combined with data of the primary government. Discretely presented component units, on the other hand, are reported in a separate column in the combined financial statements to emphasize that they are legally separate from the primary government. The City Council acts as the governing body and is able to impose its will on the following organizations, establishing financial accountability and operational responsibility. As a result, these organizations are considered component units of the City and are included within the financial statements of the City using the blended method. All component units have a June 30 year-end. The City has no discretely presented component units. The Chula Vista Industrial Development Authority (the “Development Authority”) The Development Authority was formed in February 1982 for the purpose of promoting and developing commercial, industrial, and manufacturing enterprises and encouraging employment. The governing body of the Development Authority is comprised of the members of the City Council. The Development Authority’s financial data and transactions are included within the capital projects fund type. The City does not produce separate financial statements for the Development Authority. The Chula Vista Public Financing Authority (the “Public Financing Authority”) The Public Financing Authority was established by resolution, pursuant to the City Charter and Constitution of the State of California, as a public body, to serve the public purposes of the City. The resolution was adopted on April 4, 1995. The Public Financing Authority was established by a joint exercise of powers agreement between the City and the Redevelopment Agency. The governing body of the Public Financing Authority is comprised of the consenting members of the City Council. The Public Financing Authority is authorized to borrow money for the purpose of financing the acquisition of bonds, notes, and other obligations of, or for the purpose of making loans to the City and/or to refinance outstanding obligations of the City. The Chula Vista Municipal Financing Authority (the “Municipal Financing Authority”) The Municipal Financing Authority was established by resolution, pursuant to the City Charter and Constitution of the State of California, as a public body, to serve the public purposes of the City. The 59 Page 686 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) A. Reporting Entity (Continued) The Chula Vista Municipal Financing Authority (the “Municipal Financing Authority”) (Continued) resolution was adopted on June 11, 2013. The Municipal Financing Authority was established by a joint exercise of powers agreement between the City and the Housing Authority. The governing body of the Municipal Financing Authority is comprised of the consenting members of the City Council. The Municipal Financing Authority is authorized to borrow money for the purpose of financing the acquisition of bonds, notes, and other obligations of, or for the purpose of making loans to the City and/or to refinance outstanding obligations of the City. The Chula Vista Housing Authority (the “Housing Authority”) The Housing Authority was created by the City of Chula Vista City Council (“City Council”) in March 1993 to centrally coordinate and administer the City’s programs for promoting balanced housing for families of all income levels. It was established pursuant to the State of California Health and Safety Code, Section 34200. It is empowered to develop, finance and own low-income housing within the territorial limits of the City of Chula Vista. It uses a variety of local, state, and federal funding sources to administer and finance these programs. It is also the financing vehicle for the issuance of bonds for housing programs and services. The Housing Authority’s financial data and transactions are included within the special revenue fund type. The City does not produce separate financial statements for the Housing Authority. Fiduciary Component Unit Fiduciary component units are legally separate entities for which the City has a financial accountability for due to the City Council appointing the majority of the members of the component units’ respective Boards of Directors, and thereby being able to significantly influence and impose the City’s will on the component units’ activities. The assets of these component units are not held in a trust but are held for the benefit of organizations and other governments that are not part of the City; additionally, the assets of these component units are not derived from the City’s provision of goods or services to them. The following entities are considered to be fiduciary component units and are reported as Custodial Funds: The Chula Vista Bayfront Facilities Financing Authority (the “Bayfront Financing Authority”) The Bayfront Financing Authority was created as a joint powers agreement between the City of Chula Vista, the County of San Diego, and the San Diego Unified Port District for the purpose of issuing tax exempt debt obligations to finance development of the Chula Vista Bayfront Master Plan area. The Bayfront Project Special Tax Financing District (the “Bayfront District”) The Bayfront District was created as a joint community facilities agreement between the City of Chula Vista and the San Diego Unified Port District for the purpose of financing the acquisition or construction of certain public and private improvement and funding of certain services within the Chula Vista Bayfront Master Plan area. The Bayfront District does not issue separate financial statements. B. Basis of Accounting and Measurement Focus The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for by providing a separate set of self-balancing accounts that comprise its assets, liabilities, fund equity, revenues and expenditures, or expenses, as appropriate. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. The minimum number of funds is maintained in accordance with legal and managerial requirements. 60 Page 687 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) Government - Wide Financial Statements The City’s Government-Wide Financial Statements include a Statement of Net Position and a Statement of Activities. These statements present summaries of governmental and business-type activities for the City accompanied by a total column. Fiduciary activities of the City are not included in these statements. These financial statements are presented on an “economic resources” measurement focus and the accrual basis of accounting. Accordingly, all the City’s assets and deferred outflows as well as liabilities and deferred inflows, with the difference reported as net position are presented in the accompanying Statement of Net Position. Also presented in this statement are capital assets including infrastructure assets as well as long-term liabilities. Statement of Activities presents changes in Net Position. Under the accrual basis of accounting, revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred. Certain types of transactions are reported as program revenues for the City in three categories: Charges for services Operating grants and contributions Capital grants and contributions Governmental Fund Financial Statements Governmental Fund Financial Statements include a Balance Sheet and a Statement of Revenues, Expenditures and Changes in Fund Balances for all major governmental funds and aggregate non-major governmental funds. An accompanying schedule is presented to reconcile and explain the differences in total fund balance as presented in these statements to the Net Position presented in the Government-Wide Financial Statements. The City has presented all major funds that met the applicable criteria. All governmental funds are accounted for on a spending, or "current financial resources" measurement focus and the modified accrual basis of accounting. Accordingly, only current assets and current liabilities are included on the Balance Sheet. The Statement of Revenues, Expenditures and Changes in Fund Balances presents increases (revenues and other financing sources) and decreases (expenditures and other financing uses) to fund balances. Under the modified accrual basis of accounting, revenues are recognized in the accounting period in which they become both measurable and available to finance expenditures of the current period. Revenues become available when received in cash, except for revenue which is subject to accrual and are recognized when due by the City. Generally, 60 days after year-end for primary revenue sources (i.e., property tax, sales tax, intergovernmental revenues, and other taxes). Revenue recognition for grants is also 60 days. Expenditures are recorded in the accounting period in which the related fund liability is incurred. Unavailable revenues arise when potential revenues do not meet both the “measurable” and “available” criteria for recognition in the current period. Unearned revenues arise when the government receives cash before it has a legal claim to them, as when grant monies are received prior to incurring qualifying expenditures. In subsequent periods, when both revenue recognition criteria are met or when the government has a legal claim to the resources, unavailable and unearned revenue is removed from the Balance Sheet and recognized as revenue. The Reconciliation of the Fund Financial Statements to the Government-Wide Financial Statements is provided to explain the differences created by the integrated approach of GASB Statement No. 34. 61 Page 688 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) Governmental Fund Financial Statements (Continued) The City reports the following major Governmental Funds: General Fund – This is the primary operating fund of the City. It is used to account for all revenues and expenditures that are not required to be accounted for in another fund. Sundry Grants Special Revenue Fund – This fund consists of miscellaneous grants/revenues such as: Supplemental law enforcement services, CBAG, California Library Services Act, asset seizure, local law enforcement block grants, California Recreation grants, Public Safety grants, ARRA grants, waste management and recycling, energy conservation, emergency shelter program, HOME program, CDBG program income project, American Rescue Plan Act funding, and Community Development Block grants. Housing Successor Agency Special Revenue Fund – This fund was established pursuant to Health and Safety Code Section 34176(b)(2) and is used to fund Low- and Moderate-Income Housing and related expenditures through the collection of property taxes. The Low- and Moderate-Income Housing Successor Fund was created due to the dissolution of the Chula Vista RDA. In accordance with Health and Safety Code Section 34176(b)(2), on February 1, 2012, all rights, powers, assets, liabilities, duties, and obligations of the Low- and Moderate-Income Housing Fund were transferred to the Low- and Moderate-Income Housing Successor Agency special revenue fund. Development Impact Capital Projects Fund – This fund was established as a depository of various development impact fees. The fees are levied against all new development in the City in order to pay for the construction or improvement of public facilities as a result of City growth. Public Financing Authority Debt Service Fund – This fund is used to account for financing the acquisition of bonds, notes and other obligations of, or for the purpose of making loans to the City and / or to refinance outstanding obligations of the City. Municipal Financing Authority Debt Service Fund – This fund is used to account for the financing or refinancing activities for the acquisition, construction, and improvement of public capital improvements. Proprietary Fund Financial Statements Proprietary Fund Financial Statements include a Statement of Net Position, a Statement of Revenues, Expenses and Changes in Fund Net Position, and a Statement of Cash Flows for each major Proprietary Fund and aggregate non-major proprietary funds. A separate column representing internal service funds is also presented in these statements. However, internal service balances and activities have been combined with the governmental activities in the Government-Wide Financial Statements. The City’s internal service funds include three individual funds which provide services directly to other City funds. These areas of service include Fleet Management, Information Technology Replacement, and Workers Compensation. Proprietary funds are accounted for using the "economic resources" measurement focus and the accrual basis of accounting. Accordingly, all assets and liabilities (whether current or noncurrent) are included on the Statement of Net Position. The Statement of Revenues, Expenses and Changes in Fund Net Position presents increases (revenues) and decreases (expenses) in total Net Position. Under the accrual basis of accounting, 62 Page 689 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) Proprietary Fund Financial Statements (Continued) revenues are recognized in the period in which they are earned while expenses are recognized in the period in which the liability is incurred. In these funds, receivables have been recorded as revenue and provisions have been made for uncollectible amounts. Operating revenues in the proprietary funds are those revenues that are generated from the primary operations of the fund. All other revenues are reported as non-operating revenues. Operating expenses are those expenses that are essential to the primary operations of the fund. All other expenses are reported as non-operating expenses. The City reports the following major proprietary funds: Sewer Enterprise Fund – This fund consists of several sub-funds that are used to account for sewer activities: The Sewer Income Fund is a depository for all monies collected to cover the cost of connecting properties to the City's public sewer system. All monies received may be used only for the acquisition, construction, reconstruction, maintenance, and operation of sanitation or sewerage facilities. The Trunk Sewer Capital Reserve Fund is used to account for sewerage facility participation fee received from owner or person making application for a permit to develop or modify use of any residential, commercial, industrial, or other property, which increases the volume of flow into the City sewer system. All monies received shall be used for the enlargement of sewer facilities of the City to enhance efficiency of utilization and/or adequacy of capacity and for planning and/or evaluating any future proposals for area wide sewage treatment and/or water reclamation systems or facilities. The Sewer Service Revenue Fund is a depository for all monies collected from the monthly sewer service charge. Monies in this fund may be used for construction, maintenance, or operation of sewer. The Sewer Facility Replacement Fund is a depository for a portion of the revenue derived from the monthly sewer service charge. Monies in this fund shall be used solely for the purpose of refurbishment and/or replacement of sewerage facilities including related evaluation, engineering, and utility modification costs. Sewer Development Impact Fees Fund – This fund is a depository for sewer development impact fees (DIFs). Development Services Fund – This fund is a depository for a portion of developer fees and other development related activities. Chula Vista Elite Athlete Training Center (CVEATC) Fund – This fund is used to account for the CVEATC’s activities in partnership with the CVEATC operator Elite Athlete Services (EAS). Fiduciary Fund Financial Statements Fiduciary fund financial statements include a Statement of Net Position and a Statement of Changes in Fiduciary Net Position. The City’s fiduciary funds represent custodial funds and private purpose trust funds. Fiduciary fund types are accounted for according to the nature of the fund. The City’s custodial funds are used to account for money and property held by the City as trustee or custodian. They are also used to account for various assessment districts for which the City acts as an agent for debt service activities. The City’s private purpose trust fund is a fiduciary fund type used by the City to report assets, liabilities, and activities of the Successor Agency to the Chula Vista Redevelopment Agency. Its results of operations are presented on the Statement of Changes of Fiduciary Net Position. Both types of fiduciary funds follow the economic resources basis of accounting similar to proprietary funds. 63 Page 690 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) B. Basis of Accounting and Measurement Focus (Continued) Fiduciary Fund Financial Statements (Continued) The Successor Agency was created by the City of Chula Vista City Council (City Council) in August 2012. It was established pursuant to Assembly Bill x1 26. Its purpose is to expeditiously wind down the affairs of the dissolved RDA. The governing body of the Successor Agency is comprised of the members of the Oversight Board selected by the County of San Diego, City of Chula Vista, school, and special districts. The Successor Agency has been included in the accompanying basic financial statements as a private purpose trust fund. C. Encumbrances Formal budgetary integration is employed as a management control device. Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration. Encumbrances outstanding at year-end do not constitute U.S. GAAP basis expenditures or liabilities because the commitments will be honored during the subsequent year. Therefore, the City has assigned a portion of its fund balance for future encumbrances. D. Cash, Cash Equivalents, and Investments The City pools its available cash for investment purposes. The City considers pooled cash and investment amounts, with original maturities of three months or less, to be cash equivalents. Highly liquid market investments with maturities of one year or less at time of purchase are stated at amortized cost. All other investments are stated at fair value. Market value is used as fair value for those securities for which market quotations are readily available. The City reported its investments at fair value and the unrealized loss on investments amounted to $22,836,960 for the fiscal year ended June 30, 2022. The statement of cash flows requires presentation of “cash and cash equivalents”. For the purposes of the statement of cash flows, the City considers all proprietary fund pooled cash and investments as “cash and cash equivalents”, as such funds are available to the various funds as needed. Certain disclosure requirements, if applicable, for Deposits and Investment Risks in the following areas: Interest Rate Risk Credit Risk o Overall o Custodial Credit Risk o Concentration of Credit Risk Foreign Currency Risk In addition, other disclosures are specified including use of certain methods to present deposits and investments, highly sensitive investments, credit quality at year-end and other disclosures. E. Inventories and Prepaid items Inventories are valued on an average-cost basis which are adjusted to annual physical counts or estimates under the consumption method of accounting and are recorded in the internal service fund. Prepaid items are items the City has paid in advance and will receive future benefit from. They are recorded under the consumption method in the General Fund, Sundry Grants Special Revenue Fund, Public Financing Authority, Sewer Fund and Development Service Fund. 64 Page 691 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) F. Restricted Assets Fiscal agents acting on behalf of the City hold investment funds arising from the proceeds of long-term debt issuances. The funds may be used for specific capital outlays or for the payment of certain bonds, certificate of participation or tax allocation bonds and have been invested only as permitted by specific State statutes or applicable City ordinance, resolution, or bond indenture. In addition, the City restricts cash deposits from developers that are refundable. G. Interfund Transactions Activity between funds that are representative of lending/borrowing arrangements outstanding at the end of the fiscal year are referred to as either “due to/from other funds” or “advances to/from other funds” (i.e., the current portion of interfund loans). Any residual balances outstanding between the governmental activities and business-type activities are reported in the Governmental-Wide Financial Statements as “internal balances.” H. Capital Assets Capital assets are valued at historical cost or estimated historical cost if actual historical cost was not available. Donated capital assets are valued at their acquisition value on the date donated. City policy has set the capitalization threshold for reporting capital assets at $10,000 for equipment and $50,000 for infrastructure. Depreciation is recorded on a straight-line basis over estimated useful lives of the assets as follows: Buildings 50 years Improvements other than buildings 50 years Machinery and equipment 5-15 years Infrastructure 30-75 years The City defines infrastructure as the basic physical assets that allow the City to function. The assets include: Street system Sewer system Site amenities such as parking and landscaped areas used by the City in the conduct of its business Each major infrastructure system can be divided into subsystems. For example, the street system can be subdivided into pavement, curbs and gutters, sidewalks, medians, streetlights, landscaping, and land. These subsystems were not delineated in the basic financial statements. The appropriate operating department maintains information regarding the subsystems. For all infrastructure systems, the City elected to use the Basic Approach for infrastructure reporting. I. Compensated Absences Government-Wide Financial Statements For governmental and business-type activities, compensated absences are recorded as expenses and liabilities as incurred. 65 Page 692 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) I. Compensated Absences (Continued) Fund Financial Statements In governmental funds, compensated absences are recorded as expenditures in the years paid, as it is the City’s policy to liquidate any unpaid compensated absences at June 30 from future resources, rather than currently available financial resources. The General Fund is typically used to liquidate compensated absences. In proprietary funds, compensated absences are expensed to the various funds in the period they are earned, and such fund’s share of the unpaid liability is recorded as a long-term liability of the fund. J. Pensions For purposes of measuring the net pension liability and deferred outflows/inflows of resources related to pensions, and pension expense, information about the fiduciary net position of the City’s California Public Employees’ Retirement System (CalPERS) plan (Plan) and additions to/deductions from the Plan’s fiduciary net position have been determined on the same basis as they are reported by CalPERS. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. The net pension liability is typically liquidated through the General Fund for the portion reported in governmental activities, and also through the respective enterprise fund in which it is allocated. K. Other Post-Employment Benefits For purposes of measuring the total OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense have been determined by an independent actuary. For this purpose, benefit payments are recognized when currently due and payable in accordance with the benefit terms. The total OPEB liability is typically liquidated through the General Fund for the portion reported in governmental activities, and also through the respective enterprise fund in which it is allocated. Generally accepted accounting principles require that the reported results must pertain to liability information within certain defined timeframes. For this report, the following timeframes are used: Valuation Date June 30, 2021 Measurement Date June 30, 2022 Measurement Period July 1, 2021, to June 30, 2022 L. Long-Term Debt Government-Wide Financial Statements Long-term debt and other financial obligations are reported as liabilities in the appropriate funds. Bond premiums and discounts, as well as issuance costs relating to bond insurance, are deferred, and amortized over the life of the bonds using the effective interest method. Bonds payable are reported net of the applicable premium or discount. Fund Financial Statements The fund financial statements do not present long-term debt but are shown in the Reconciliation of the Governmental Funds Balance Sheet to the Government-Wide Statement of Net Position. 66 Page 693 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) M. Deferred Outflows/Inflows of Resources In addition to assets, the financial statements will sometimes report a separate section for deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents a consumption of net assets that applies to future periods and will not be recognized as an outflow of resources (expense/ expenditure) until then. The City has four items that qualify for reporting in this category, which are reported in the government-wide statement of net position. One item is the deferred charge on refunding reported on the statement of net position. A deferred charge on refunding results from the difference in the carrying value of refunded debt and its reacquisition price. This amount is deferred and amortized over the shorter of the life of the refunded or refunding debt. The second item is the deferred outflows related to pensions, which represents the City’s pension contributions made subsequent to the measurement date, change of assumptions, difference between expected and actual experience, and the net difference between projected and actual earnings on plan investments. The third item is related to OPEB, which represents the change of assumptions and difference between expected and actual experience. The fourth item is related to leases and represents the cumulative impact of GASB 87 implementation. In addition to liabilities, the financial statements will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net assets that applies to future periods and so will not be recognized as an inflow of resources (revenue) until that time. The City has three types of deferred inflows of resources, one of which arises only under a modified accrual basis. Accordingly, the first item, unavailable revenue, is reported only in the governmental funds balance sheet. The governmental funds report unavailable revenues from two sources: taxes and grant receivables. These amounts are deferred and recognized as an inflow of resources in the period that the amounts become available. The second item is deferred inflows related to pensions and OPEB reported in the statement of net position. These inflows are the results of changes in assumptions and differences between expected and actual experiences, and the net difference between projected and actual earnings on plan investments which are deferred and amortized over the expected average remaining service lifetime. The third item is related to leases and represents the cumulative impact of GASB 87 implementation. N. Property Taxes The County of San Diego, California (County) bills and collects property taxes and remits them to the City according to a payment schedule established by the County. The County’s tax calendar is from July 1 to June 30. Property taxes attach as a lien on property on January 1. Taxes are levied on July 1, based on the assessed values as of the lien date, and are payable in two installments: November 1 and February 1 of each year. Property taxes become delinquent on December 10, and April 10, for the first and second installments, respectively. The County is permitted by State law to levy taxes at 1% of full market value (at time of purchase) and can increase the property tax rate no more than 2% per year or the current CPI, whichever is less. The City receives a share of this basic tax levy proportionate to what it received during the years 1980-1981. Property tax revenue is recognized in the fiscal year for which the taxes have been levied, provided the taxes are received within 60 days after the end of the fiscal year. Property taxes received after this date are not considered available as a resource that can be used to finance the current year operations of the City and, therefore, are not recorded as revenue until collected. No allowance for doubtful accounts was considered necessary. O. Public Facilities Financing Interest costs incurred from the date of borrowing to the completion of the improvement project(s) are capitalized, net of interest earnings, on all proprietary fund assets acquired with tax-exempt debt. 67 Page 694 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) P. Net Position In governmental-wide and proprietary fund financial statements, Net Position are categorized as follows: Net Investment in Capital Assets – This component of net position consists of capital assets, net of accumulated depreciation, reduced by the outstanding balances of debt that are attributable to the acquisition, construction, or improvement of those assets. Restricted – This component of net position consists of restricted assets reduced by liabilities and deferred inflows of resources related to those assets. Unrestricted – This component of net position is the amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that are not included in the determination of net investment in capital assets or the restricted component of net position. When expenses are incurred for purposes for which both restricted and unrestricted Net Position are available, the City’s policy is to apply restricted Net Position first, then unrestricted Net Position as they are needed. Q. Fund Balances In governmental fund financial statements, fund balances are categorized as follows: Nonspendable – Items that cannot be spent because they are not in spendable form, such as prepaid items and inventories, and items that are legally or contractually required to be maintained intact, such as principal of an endowment or revolving loan funds. Restricted – Restricted fund balances encompass the portion of net fund resources subject to externally enforceable legal restrictions. This includes externally imposed restrictions by creditors, such as through debt covenants, grantors, contributors, laws, or regulations of other governments, as well as restrictions imposed by law through constitutional provisions or enabling legislation. Committed – Committed fund balances encompass the portion of net fund resources, the use of which is constrained by limitations that the City imposes upon itself at its highest level of decision making, normally the governing body, and that remain binding unless removed in the same manner. The City Council is considered the highest authority for the City that can, by adoption of an ordinance prior to the end of the fiscal year, commit fund balance. Once adopted, the limitation imposed by the ordinance remains in place until a similar action is taken (the adoption of another ordinance) to remove or revise the limitation. Assigned – Assigned fund balances encompass the portion of net fund resources reflecting the government’s intended use of resources. Assignment of resources can be done by the highest level of decision making or by a committee or official designated for that purpose. City Council has by resolution, authorized the Director of Finance to assign fund balances. City Council may also assign fund balance as it does when appropriating fund balance to cover a gap between estimated revenue and appropriations in the subsequent year’s appropriated budget. Unlike commitments, assignments generally only exist temporarily. In other words, an additional action does not normally have to be taken for the removal of an assignment. Conversely, as discussed above, an additional action is essential to either remove or revise a commitment. Unassigned – This amount is for any portion of the fund balances that do not fall into one of the above categories. This classification includes the residual fund balance for the General Fund. It also includes the negative residual balance for any other governmental fund that cannot be eliminated by offsetting assigned fund balance amounts. 68 Page 695 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) Q. Fund Balances (Continued) Sometimes the City will fund outlays for a particular purpose from both restricted and unrestricted resources (the total of committed, assigned, and unassigned fund balance). In order to calculate the amounts to report as restricted, committed, assigned, and unassigned fund balance in the governmental fund financial statements a flow assumption must be made about the order in which the resources are considered to be applied. It is the City’s policy to consider restricted fund balance to have been depleted before using any of the components of unrestricted fund balance. Further, when the components of unrestricted fund balance can be used for the same purpose, committed fund balance is depleted first, followed by assigned fund balance. Unassigned fund balance is applied last. R. Spending and Reserve Policy Government-Wide Financial Statements and the Proprietary Fund Financial Statements When an expense is incurred for purposes for which both restricted and unrestricted Net Position are available, the City’s policy is to apply restricted Net Position first. Governmental Fund Financial Statements When expenditures are incurred for purposes where only unrestricted fund balances are available, the City uses the unrestricted resources in the following order: committed, assigned, and unassigned. In November 2020, the City Council adopted a resolution adopting the Pension & OPEB (Other Pension Employment Benefits) Reserve Fund Policy, and amending the General Fund Reserve Policy to include the allocation methodology to the General Fund reserve categories: General Fund Operating Reserve, Economic Contingency Reserve, and Catastrophic Event Reserves. The General Fund Operating Reserve represents unrestricted resources available for appropriation by the City Council to address extraordinary needs of an emergency nature of annual General Fund budgeted expenditures (excluding Measure A and P Sales taxes). The Economic Contingency Committed Balance represents monies set aside to mitigate service impacts during a significant downturn in the economy which impacts City revenues such as sales tax, property tax, business license tax, etc. funded at minimum of 5% of the General Fund of annual General Fund budgeted expenditures (excluding Measure A and P Sales taxes). The Catastrophic Event Reserves are monies set aside to fund unanticipated expenditures related to a major disaster in the City and are associated with the City’s Disaster Preparedness Program funded at 3% of the General Fund of annual General Fund budgeted expenditures (excluding Measure A and P Sales taxes). The Pension & OPEB Reserve Fund Policy (PRF) established an Irrevocable Section 115 Trust where all PRF contributions will be made to cover the following: repayment of future CalPERS unfunded liabilities in part or whole; establishment of an OPEB reserve fund; to pay off any outstanding Pension Obligation Bonds; and any other unanticipated pension related costs or charges. Upon meeting the 15% General Fund Operating Reserves 75% of all future surplus funds shall be transferred to the PRF while the remaining 25% is allocated to the Economic Contingency Reserves and Catastrophic Event reserves in accordance with the General Fund Reserve Policy. In the event all three General Fund reserve accounts are fully funded at the stated policy percentage, 100% of surplus funds will be transferred to the PRF until it reaches 15% of annual General Fund budgeted expenditures (excluding Measure A and P Sales taxes). S. Use of Estimates The preparation of basic financial statements in conformity with U.S. GAAP requires management to make estimates and assumptions that affect the reported amounts and disclosures. Actual results could differ from these estimates and assumptions. 69 Page 696 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 1 – Reporting Entity and Summary of Significant Accounting Policies (Continued) T. Changes in Accounting Principles and New GASB Pronouncements During the year ended June 30, 2022, the City adopted the following accounting standard issued by the Governmental Accounting Standards Board (GASB): GASB Statement No. 87 Leases enhances usefulness and comparability of financial statements among governments requiring lessees and lessors to report leases using a single model. This statement requires recognition of certain lease assets and liabilities for leases that were previously classified as operating leases and recognizes inflows or outflows of resources based on the payment provisions of the lease contracts. Under GASB Statement No. 87, a lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and deferred inflow of resources. Note 2 – Reconciliation of Government-Wide and Fund Financial Statements A. Explanation of Certain Differences Between the Governmental Fund Balance Sheet and the Government-Wide Statement of Net Position The governmental fund balance sheet includes a reconciliation between fund balance – total governmental funds and net position – governmental activities as reported in the government-wide statement of net position. One element of that reconciliation explains that “other long-term assets that are not available to pay for current period expenditures and, therefore, are either labeled unavailable or not reported in the funds.” The details of this $217,974,561 are as follows: Long-term receivables 59,654,201$ Net pension asset 143,696,167 Development impact fees 4,217,095 Miscellaneous revenues 10,407,098 Total other long-term assets 217,974,561$ B. Explanation of Certain Differences Between the Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances and the Government-Wide Statement of Activities The governmental fund statement of revenues, expenditures, and changes in fund balances includes a reconciliation between net changes in fund balances – total governmental funds and change in net position of governmental activities as reported in the government-wide statement of activities. One element of that reconciliation explains that “governmental funds report capital outlays as expenditures. However, in the statement of activities the cost of these assets is allocated over their estimated useful lives and reported as depreciation expense in the current period.” The details of this ($2,507,616) difference are as follows: Capital outlay $ 30,687,723 Loss on disposals 1,120,190 Depreciation expense (34,315,529) Total other long-term assets $ (2,507,616) 70 Page 697 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 2 – Reconciliation of Government-Wide and Fund Financial Statements (Continued) C. Explanation of Certain Differences Between the Proprietary Fund Statement of Net Position and the Government-Wide Statement of Net Position The proprietary fund statement of net position includes a reconciliation between net position – total enterprise funds and net position of business-type activities as reported in the government-wide statement of net position. The description of the sole element of that reconciliation is “adjustment to report the cumulative internal balance for the net effect of the activity between the internal service funds and the enterprise funds over time.” The details of the $401,428 difference are as follows: Internal receivable representing charges in excess of cost to business-type activities - prior years 140,153$ Internal receivable representing charges in excess of cost to business-type activities - current year 261,275 Net adjustment to increase net position - total enterprise funds to arrive at net position - business-type activities 401,428$ Note 3 – Stewardship, Compliance, and Accountability A. Deficit Fund Equity At June 30, 2022, the Sewer Development Impact Fees Fund and the Development Services Fund, both major proprietary funds, reported deficits in net position in the amounts of $13,239,599 and $12,542,397, respectively. The reason for the deficit in the Sewer Development Impact Fees Fund is the long-term advance payable in the amount of $18,302,927 to the General Fund discussed in Note 8. The deficit is expected to be eliminated in future years, as repayments to the General Fund are made on the advance. The reason for the deficit in the Development Services Fund is the allocation of the Fund’s share of the 2021 Pension Obligation Bonds issued during the 2021 fiscal year, with an outstanding balance in the amount of $16,914,371 as of June 30, 2022. The deficit is expected to be eliminated in future years as the revenue is recognized as a reduction to net pension liability. At June 30, 2022, the following non-major funds had deficit fund equity: Fund Type Funds Deficit Special Revenue Transportation Sales Tax 497,724$ Special Revenue Traffic Safety 2,038 Capital Projects Residential Construction Tax 826,536 Capital Projects Bicycle Facility 4,460 Capital Projects Other Transportation Program Fund 646,508 Proprietary Living Coast Discovery Center 798 Transportation Sales Tax – The Transportation Sales Tax Fund had an accumulated deficit of $497,724 due to the timing of the receipt of the City’s allocation of SANDAG’s ½ cent sales tax levy compared to disbursements. The City expects to eliminate this deficit through future revenues. Traffic Safety – The Traffic Safety Fund had an accumulated deficit of $2,038 as a result of fair market on investment losses and interfund transfer to the General Fund to cover administrative expenditures. The deficit is expected to be eliminated through future revenues. 71 Page 698 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 3 – Stewardship, Compliance, and Accountability (Continued) A. Deficit Fund Equity (Continued) Residential Construction Tax – The Residential Construction Tax Fund had an accumulated deficit of $826,536 due to non-reimbursable expenditures that were incurred. The City does not expect to eliminate the deficit. Bicycle Facility – The Bicycle Facility Fund had an accumulated deficit of $4,460 due to non-reimbursable expenditures that were incurred. The City does not expect to eliminate the deficit. Other Transportation Program – The Other Transportation Program Fund had an accumulated deficit of $646,508 due to non-reimbursable expenditures that were incurred. The City does not expect to eliminate the deficit. Living Coast Discovery Center – The proprietary Living Coast Discovery Center Fund had an accumulated deficit of $798 due to the fair market value loss on investments incurred in the current year. This deficit is expected to be eliminated through future revenues. Note 4 – Cash and Investments The following is a summary of pooled cash and investments, including cash and investments with fiscal agents at June 30, 2022. Fiduciary Funds Governmental Business-Type Statement of Net Activities Activities Subtotal Position Total Cash and investments 391,049,859$ 159,768,373$ 550,818,232$ 11,921,515$ 562,739,747$ Restricted cash and investments: Held by City 11,433,827 - 11,433,827 - 11,433,827 Held by fiscal agents 9,736,167 - 9,736,167 81,215,177 90,951,344 Total restricted cash and investments 21,169,994 - 21,169,994 81,215,177 102,385,171 Total cash and investments 412,219,853$ 159,768,373$ 571,988,226$ 93,136,692$ 665,124,918$ Government-Wide Statement of Net Position Cash, cash equivalents and investments consisted of the following at June 30, 2022: Petty Cash 9,939$ Deposits with financial institutions 72,818,242 Investments 501,314,733 Investments held by fiscal agents 90,982,004 Total cash and investments 665,124,918$ A. Deposits The carrying amount of the City’s cash deposits were $72,818,242 at June 30, 2022. Bank balances before reconciling items were $72,260,392 at that date, the total amount of which was insured or collateralized with securities held by the pledging financial institutions in the City’s name as discussed below. The California Government Code requires California banks and savings and loan associations to secure the City’s cash deposits by pledging securities as collateral. This Code states that collateral pledged in this manner shall have the effect of perfecting a security interest in such collateral superior to those of a general creditor. Thus, collateral for cash deposits is considered to be held in the City's name. The market value of pledged securities must equal at least 110% of the City's cash deposits. California law also allows institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the City’s total cash deposits. The City may waive collateral requirements for cash deposits, which are fully insured up to $250,000 by the Federal Deposit Insurance Corporation. The City, however, has not waived the collateralization requirements. 72 Page 699 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 4 – Cash and Investments (Continued) A. Deposits (Continued) The City follows the practice of pooling cash and investments of all funds, except for funds required to be held by fiscal agents under the provisions of bond indentures. Interest income earned on pooled cash and investments is allocated on an accounting period basis to the various funds based on the period-end cash and investment balances. Interest income from cash and investments with fiscal agents is credited directly to the related fund. B. Investments As of June 30, 2022, the City had the following investments and maturities: Investment Type Fair Value 1 year or fewer 1 - 2 years 2 - 3 years 3 - 4 years 4 - 5 years LAIF 11,654,020$ 11,654,020$ -$ -$ -$ -$ Time deposits 310,000 310,000 - - - - San Diego County Investment Fund 22,599,218 22,599,218 - - - - United States Treasuries 16,758,030 7,480,905 9,277,125 - - - Federal agency bonds 178,187,139 16,373,226 44,769,034 64,537,938 46,366,124 6,140,817 Municipal bonds 66,832,495 9,716,911 18,123,023 15,167,830 23,824,731 - Supranationals 17,847,880 4,996,650 - 5,800,020 3,436,090 3,615,120 Asset-backed securities 3,162,456 - - 3,162,456 - - Medium-term corporate notes 142,637,599 40,638,754 43,949,767 41,052,698 13,830,380 3,166,000 Certificates of deposit 27,634,847 7,159,305 9,490,155 10,985,387 - - Placement service deposits 4,225,989 4,225,989 - - - - Money market funds 9,465,060 9,465,060 - - - - Held by bond trustee: Mutual funds 84,263,473 84,263,473 - - - - LAIF 6,718,531 6,718,531 - - - - Total 592,296,737$ 225,602,042$ 125,609,104$ 140,706,329$ 87,457,325$ 12,921,937$ Investment Maturities Investments Authorized by the California Government Code and the City’s Investment Policy The table below identifies the investment types that are authorized for the City by the California Government Code (or the City’s investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City’s investment policy, where more restrictive) that address interest rate risk, credit risk, and concentration of credit risk. This table does not address investments of debt proceeds held by bond trustee that are governed by the provisions of debt agreements of the City, rather than the general provisions of the California Government Code or the City’s investment policy. 73 Page 700 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 4 – Cash and Investments (Continued) B. Investments (Continued) Investments Authorized by the California Government Code and the City’s Investment Policy (Continued) Authorized Investment Type Maximum Maturity Maximum Percentage of Portfolio* Maximum Investment in One Issuer Bankers' Acceptance 180 days 40%30% Negotiable Certificates of Deposits 5 years 30%None Commercial Paper 270 days 25%10% State and Local Agency Bond Issues 5 years None None U.S. Treasury Obligations 5 years None None U.S. Agency Securities 5 years None None Repurchase Agreement 1 year None None Reverse-Purchase Agreements 92 days 20%None Medium-Term Corporate Notes 5 years 30%10% Time Certificates of Deposits 5 years None None Money Market Funds N/A 20%10% San Diego County Treasurer's Pooled Money Fund N/A None None Local Agency Investment Fund (LAIF)N/A None $75 Million** Shares of Beneficial Interest issued by a JPA N/A None None Asset Backed Securities 5 years 20%None Supranationals 5 years 30%None Placement Service Deposits 5 years 30%None * Excluding amounts held by bond trustee that are not subject to California Government ** Maximum is $75 million per account Investments Authorized by Debt Agreements Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreement rather than the general provisions of the California Government Code or the City’s investment policy. The table below identifies certain provisions of these debt agreements that address interest rate risk, credit risk, and concentration of credit risk. Authorized Investment Type Maximum Maturity Maximum Percentage of Portfolio Maximum Investment in One Issuer U.S Treasury Obligations None None None Federal Home Loan Mortgage Corporation None None None Farm Credit Banks None None None Federal Home Loan Banks None None None Federal National Mortgage Association None None None Student Loan Marketing Association None None None Financing Corporation None None None Resolution Funding Corporation None None None Certificates of Deposits, Time Deposits and Bankers' Acceptance 180 or 365 days None None Commercial Paper 270 days None None Money Market Funds None None None State Obligations None None None Municipal Obligations None None None Repurchase Agreements None None None Investment Agreements None None None Local Agency Investment Fund (LAIF)None None None 74 Page 701 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 4 – Cash and Investments (Continued) C. Risks Disclosures Interest Rate Risk As a means of limiting its exposure to fair value losses arising from rising interest rates, the City’s investment policy provides that final maturities of securities cannot exceed five years. Specific maturities of investments depend on liquidity needs. At June 30, 2022, the City’s pooled cash and investments had the following maturities: Maturity Percentage of Investment Less than one year 38.1% 1 - 2 years 21.2% 2 - 3 years 23.8% 3 - 4 years 14.8% 4 - 5 years 2.1% The weighted average maturity of the portfolio was 1.7 years. Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. To be eligible to receive City money, a bank, savings association, federal association, or federally insured industrial loan company shall have received an overall rating of not less than "satisfactory" in its most recent evaluation by the appropriate federal financial supervisory agency of its record of meeting the credit needs of California's communities, including low-and moderate-income neighborhoods. The City’s investments are rated by the nationally recognized statistical rating organizations as follows: Standard & Investment Type Fair Value Moody's Poor's LAIF 18,372,551$ Not rated Not rated Time deposits 310,000 Not rated Not rated San Diego County Investment Fund 22,599,218 Not rated Not rated United States Treasuries 16,758,030 Exempt Exempt Federal agency bonds 178,187,139 Exempt Exempt Municipal bonds 66,832,495 A1 to Aa1 A to AA+ Supranationals 17,847,880 Aaa AAA Asset-backed securities 3,162,456 Aaa AAA Medium-term corporate notes 142,637,599 A3 to Aaa BBB+ to AAA Certificates of deposit 27,634,847 Not rated Not rated Placement service deposits 4,225,989 Not rated Not rated Money market funds 9,465,060 Not rated Not rated Mutual funds 84,263,473 Not rated Not rated Total 592,296,737$ 75 Page 702 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 4 – Cash and Investments (Continued) C. Risks Disclosures (Continued) Custodial Credit Risk Custodial credit risk is the risk that, in the event of the failure of the counter party, the City will not be able to recover the value of its investments or collateral securities that are in the possession of an outside party. All securities, with the exception of LAIF and other pooled investments, are held by a third-party custodian (BNY Western Trust). BNY is a registered member of the Federal Reserve Bank. Concentration of Credit Risk The City’s investment policy contains limitations on the amount that can be invested in any one issuer, in accordance with the limitations stipulated by the California Government Code. For the fiscal year ended June 30, 2022, the City had no investments in any one issuer that exceeded percentage of portfolio limitations set forth by either the City’s investment policy or the California Government Code. D. Investments in Local Agency Investment The City is a participant in LAIF which is regulated by California Government Code Section 16429 under the oversight of the Treasurer of the State of California. As of June 30, 2022, the City had $18,372,551 invested in LAIF. LAIF determines fair value on its investment portfolio based on market quotations for those securities where market quotations are readily available and based on amortized cost or best estimate for those securities where market value is not readily available. The City valued its investments in LAIF as of June 30, 2022, by multiplying its account balance with LAIF times a fair value factor determined by LAIF. This fair value factor was determined by dividing all LAIF participants’ total aggregate amortized cost by total aggregate fair value. The credit quality rating of LAIF is unrated as of June 30, 2022. There are no limitations or restrictions on participant withdrawals from LAIF. E. Fair Value Hierarchy The City categorizes its fair value measurements within the fair value hierarchy established by generally accepted accounting principles. The hierarchy is based on the valuation inputs used to measure the fair value of the asset. Level 1 inputs are quoted prices in active markets for identical assets; Level 2 inputs are significant other observable inputs; Level 3 inputs are significant unobservable inputs. The City has the following recurring fair value measurements as of June 30, 2022: Investment Type Totals Level 1 Level 2 Uncategorized LAIF 11,654,020$ -$ -$ 11,654,020$ Time deposits 310,000 - 310,000 - San Diego County Investment Fund 22,599,218 - - 22,599,218 United States Treasuries 16,758,030 16,758,030 - - Federal agency bonds 178,187,139 - 178,187,139 - Municipal bonds 66,832,495 - 66,832,495 - Supranationals 17,847,880 - 17,847,880 - Asset-backed securities 3,162,456 - 3,162,456 - Medium-term corporate notes 142,637,599 - 142,637,599 - Certificates of deposit 27,634,847 - 27,634,847 - Placement service deposits 4,225,989 - - 4,225,989 Money market funds 9,465,060 - - 9,465,060 Held by bond trustee: Mutual funds 84,263,473 - - 84,263,473 LAIF 6,718,531 - - 6,718,531 Total 592,296,737$ 16,758,030$ 436,612,416$ 138,926,291$ 76 Page 703 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 4 – Cash and Investments (Continued) E. Fair Value Hierarchy (Continued) U.S. Treasury Notes classified in Level 1 of the fair value hierarchy are valued using prices quoted in active markets for those securities. U.S. Agency Securities, Corporate Notes, Asset Backed Securities and Time Deposits classified in Level 2 of the fair value hierarchy are valued using institutional bond quotes or specified fair market value factors. Note 5 – Receivables A. Taxes Receivable At June 30, 2022, the City had the following taxes receivable: Governmental Fiduciary Activities Funds Total Sales Tax 17,778,395$ -$ 17,778,395$ Property Tax 548,073 - 548,073 Highway Users Tax 1,484,896 - 1,484,896 Franchise Fee Tax 3,547,464 - 3,547,464 Special Assessments - 75,160 75,160 Other Taxes 2,146,186 - 2,146,186 Total 25,505,014$ 75,160$ 25,580,174$ B. Loans Receivable At June 30, 2022, the City had the following loans receivable, including principal and accrued interest: Principal Interest Total South Bay Community Services (Trolley Trestle, Muncey Manor, CNV I, CNII, NCV II) $ 2,022,483 $ 2,310,780 $ 4,333,263 Cordova and Trolley Terrace Apartments (Cordova Trolley, LP) 2,672,511 317,699 2,990,210 St. Regis Park (Chelsea Investment Corp) 1,232,822 87,270 1,320,092 Chula Vista Rehabilitation CHIP Loans 774,979 86,736 861,715 Park Village Apts (Civic Center Barrio Housing Corporation) 120,600 - 120,600 Los Vecinos (Wakeland Housing and Development Corporation) 5,680,000 4,073,732 9,753,732 Brisa del Mar (Main Plaza, LP) 1,800,000 739,440 2,539,440 Seniors on Broadway (MAAC Project) 3,511,194 1,701,143 5,212,337 The Landings II (Chelsea Investment Corp) 8,326,310 1,891,211 10,217,521 First Time Home Buyers Program 3,098,095 201,737 3,299,832 NSP Rental Housing Program 1,000,000 252,877 1,252,877 Lofts on Landis 2,000,000 488,486 2,488,486 Duetta Apartments (F Street Family CIC, LP) 2,068,000 387,384 2,455,384 Volta Senior Apartments (G Street Seniors CIC, LP) 932,000 171,698 1,103,698 Anita Street Apartments (Wakeland- Anita LP) 5,195,165 180,621 5,375,786 Deferred development impact fees 5,965,425 363,803 6,329,228 46,399,584$ 13,254,617$ 59,654,201$ Governmental Activities 77 Page 704 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 5 – Receivables (Continued) B. Loans Receivable (Continued) South Bay Community Services In 1998, the former Chula Vista Redevelopment Agency (RDA) and City of Chula Vista entered into several loan agreements with South Bay Community Services, a California non-profit public benefit corporation. Prior years’ loan was made to South Bay Community Services for the purpose of purchasing several properties throughout the City of Chula Vista, including Concord Way (1-unit) and Trolley Trestle (11-unit). These projects are to provide housing to very low-income families. Deeds of trust and assignments of rent secure the notes. Principal and interest are payable annually out of any and all residual receipts derived from the property and/or operation of the property. Interest accrues annually on the unpaid balance with rates ranging from 3% to 6%. At June 30, 2022, the outstanding balance of the loan was $4,333,263, which included an interest accrual of $2,310,780. Cordova and Trolley Terrace Apartments- (Cordova Trolley, LP) In January 2019, the Housing Authority and the Cordova Trolley, LP (Developer) entered into a loan agreement to refinance two scattered site rental housing developments at 1280 E J Street (40-unit) and 750 ADA Street (18-unit). The developer partially repaid the outstanding accrued interest of the previous loan in the amount of $200,000 and carried forward the remaining balance of $2,672,511 as a new loan on the Project. The project provides affordable housing to very-low and low-income households for an additional 55-years. The amended and restated promissory note is secured by a deed of trust and will accrue 3.15% interest compounding annually. Residual receipt payments (if any) will be applied towards the outstanding loan balance until the loan is paid in full. At June 30, 2022, the outstanding balance of the loan was $2,990,210, which included an interest accrual of $317,699. St. Regis Park (Chelsea Investment Corporation) In 2000, the former RDA entered into a loan agreement with Chelsea Investment Corporation for the acquisition and rehabilitation of the 119-unit multi-family housing project (formerly known as Pear Tree Apartments) at 1025 Broadway. In June 2019, the developer repaid the outstanding principal balance of the previous loan in the amount of $1,387,152 and carried forward the accrued interest of $1,232,822 as a new loan amount. The project will remain affordable to very-low and low-income households for an additional 55-years. The amended and restated promissory note is secured by a deed of trust and will accrue 2.76% interest compounding annually. Residual receipt payments (if any) will be applied towards the outstanding loan balance until the loan is paid in full. At June 30, 2022, the outstanding balance of the loan was $1,320,092, which included an interest accrual of $87,270. Chula Vista Rehabilitation CHIP Loans The Chula Vista Rehabilitation Community Housing Improvement Program (CHIP) is under the direct control of the Housing Authority acting as the Successor Housing Entity for those loans that were funded using Low- and Moderate-Income Housing Funds. These loans provide funding to assist owner occupied or mobile homeowners with assistance to make health and safety repairs to their dwelling unit. CHIP loans funded by CDBG, or HOME funds are also managed by the Housing Authority. CHIP offers deferred and low interest rate home improvement loans to qualified borrowers residing within a target area. The rate terms vary from 0 to 5% deferred interest loans to forgivable loans for mobile homeowners. Loan repayments are re-deposited into the program cash accounts and are redistributed as future loans. At June 30, 2022, the outstanding balance of the loan was $861,715, which included an interest accrual of $86,736. 78 Page 705 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 5 – Receivables (Continued) B. Loans Receivable (Continued) Park Village Apartments (Civic Center Barrio Housing Corporation) In 1991, the former RDA entered into a loan agreement with the Civic Center Barrio Housing Corporation, a California non-profit public benefit corporation. The loan was made for the purchase of land and the development of a 28 - unit low-income housing project. During 1992, the loan was assigned to Park Village Apartments Ltd., a California limited partnership in which Civic Center Barrio Housing Corporation is the managing general partner. The loan is secured by a deed of trust on the property and assignment of rents. Principal and interest are payable monthly. In 2009, an amendment to the loan was entered into changing the interest from 5% to 3% per annum on the unpaid principal balance of the note. It also required monthly payments based on a 24-year amortization schedule with the entire balance paid by December 31, 2033. At June 30, 2022, the outstanding balance of the loan was $120,600 with no accrued interest outstanding. Los Vecinos (Wakeland Housing and Development Corporation) In 2008, the former RDA entered into a loan agreement with Wakeland Housing and Development Corporation to assist the borrower in constructing 41 affordable multi-family rental housing units for occupancy by extremely low, very low, and low-income households. The loan amount of $5,680,000 was funded by the Low- and Moderate-Income Housing Fund. The loan bears an interest rate of 5% per annum. Principal and interest payments will be made on an annual basis out of a fund equal to 50% of the residual receipts for years 1-30 and 75% of the residual receipts for years 31-54, until 55 years from the date the improvements are placed in service, at which time, all principal and unpaid interest is due and payable. The improvements were placed in service on February 7, 2008. At June 30, 2022, the outstanding balance of the loan was $9,753,732, which included an interest accrual of $4,073,732. Brisa del Mar (Main Plaza, LP) In 2003, the former RDA and City entered into a loan agreement with Main Plaza, LP to assist in acquiring and improving certain real property for occupancy by very low, low, and moderate-income households. The loan bears an interest rate of 3% per annum. The loan is due and payable on the date that is 55 years from the date of the City’s issuance of the Certificate of Completion, which is in 2061. At June 30, 2022, the outstanding balance of the loan was $2,539,440 which included an interest accrual of $739,440. Seniors on Broadway (MAAC Project) The City entered into a loan agreement with Seniors on Broadway, Limited Partnership to assist in acquiring and improving certain real property for occupancy by very low, low, and moderate-income households. The loan bears an interest rate of 3% per annum. The loan is due and payable on the date that is 55 years from the date of the City’s issuance of the Certificate of Completion. At June 30, 2022, the outstanding balance of the loan was $5,212,337, which included an interest accrual of $1,701,143. The Landings II (Chelsea Investment Corporation) In July 2010, the former RDA and City entered into a loan agreement with Landings II, L.P. to assist the borrower in constructing 143 affordable multifamily rental housing units for occupancy by very low- and low-income households. The loan bears an interest rate of 3.6% per annum and requires monthly payments based on a 25-year amortization schedule. At June 30, 2022, the outstanding balance of the loan was $10,217,521, which included an interest accrual of $1,891,211. 79 Page 706 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 5 – Receivables (Continued) B. Loans Receivable (Continued) First Time Home Buyers Program The Chula Vista First-Time Homebuyer Program is under the direct control of the City and its Housing Authority. The Programs is funded through U.S. Department of Housing and Urban Development HOME Investment Partnership Act and Neighborhood Stabilization Program funds. Cal Home funds from the State of California Department of Housing and Community Development are also used to fund loans. The Program is currently administered by Springboard CDFI, (formerly known as Community Housing Works Realty and Lending). The program offers low interest loans or equity share deferred gap financing loans to qualified borrowers. Loan repayments are re-deposited into the program and are redistributed as future loans. At June 30, 2022, the outstanding balance of the loan was $3,299,832, which included an interest accrual of $201,737. NSP Rental Housing Program The City entered into two separate loan agreements with San Diego Community Housing Corporation to acquire and rehabilitate rental housing for very low-income households. The loans are secured by promissory notes and a deed of trusts. The outstanding principal and interest amount of the loan will be repaid over fifty-five (55) years and shall accrue at the simple interest rate of three (3%) percent per annum. Principal and interest are payable annually out of a fund equal to 50% of residual receipts derived from the property and/or operation of the property. At June 30, 2022, the outstanding balance of the loan was $1,252,877, which included an interest accrual of $252,877. Lofts on Landis The City has adopted a Housing Element of the General Plan which sets forth the objective of providing balances and varied housing opportunities throughout the City to satisfy needs and desires of various age, income, and ethnic groups of the community. The Housing Authority found that the City’s financial participation in the development of the Landis Project will be a sound investment based upon the Developer’ ability to effectively service the City’s housing needs and priorities expressed in the housing Element and Consolidated plan. At June 30, 2022, the outstanding balance of the loan was $2,488,486, which included an interest accrual of $488,486. Duetta Apartments (F Street Family CIC, LP) In 2016, the City entered into a loan agreement with F Street Family CIC, LP to assist to assist in the construction and permanent financing of affordable multifamily apartments with 86 deed restricted units for occupancy by extremely low, very low- and lower-income households. Loans are in the principal amount of $800,000 from the City’s federal HOME funds, $372,660 from the City’s Balanced Communities In-Lieu funds, and $895,340 from Low- and Moderate-Income Housing Fund. The loan bears an interest rate of 3% simple interest per annum for a 55-year period. Payment of principal and interest is made on an annual basis out of a fund equal to 50% of the residual receipts. The outstanding principal and accrued interest on the loan is to be repaid by December 31, 2072. Fund balance has been restricted in the Sundry Grants Special Revenue Fund and in the Low- & Moderate-Income Housing Successor Special Revenue Fund. At June 30, 2022, the outstanding balance of the loans were $2,455,384, which included an interest accrual of $387,384. 80 Page 707 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 5 – Receivables (Continued) B. Loans Receivable (Continued) Volta Senior Apartments (G Street Seniors CIC, LP) In 2016, the City entered into a loan agreement with G Street Senior CIC, LP to assist to assist in the construction and permanent financing of affordable multifamily apartments with 122 deed restricted units for occupancy by extremely low, very low- and lower-income households. The loan amount of $932,000 was funded by the Low- and Moderate-Income Housing Fund. The loan bears an interest rate of 3% simple interest per annum for a 55-year period. Payment of principal and interest is made on an annual basis out of a fund equal to 50% of the residual receipts. The outstanding principal and accrued interest on the loan is to be repaid by December 31, 2072. Fund balance has been restricted in the Low- & Moderate-Income Housing Successor Special Revenue Fund. At June 30, 2022, the outstanding balance of the loans were $1,103,698, which included an interest accrual of $171,698. Anita Street Apartments (Wakeland- Anita LP) In 2017 and 2018, the Housing Authority entered into amended loan agreements with Wakeland Anita LP to assist in the acquisition of land and pre-development of an affordable multifamily apartment development known as Anita Street Apartments with up to 72 possible deed restricted units for occupancy by extremely low, very low- and lower-income households. This loan supports the proportionate share of costs for 30% and 45% AMI (area median income) units in the project. The total loan amount of $5,195,165 was made using low- and moderate-income housing funds. No interest accrues on the loan during the predevelopment phase of the Project. Upon completion of the predevelopment phase, the loan bears an interest rate of 3% simple interest per annum for a 55-year period. At June 30, 2022, the outstanding balance of the loans were $5,375,786, which includes an interest accrual of $180,621. Deferred development impact fees The DIF Deferral Community Facilities District (CFD 17-I) was established to promote development in specified areas of the City known as “Western Chula Vista” by deferring specific development impact fees for projects that met the specific criteria outlined in the CFD formation documents. The primary area included within the CFD plan was land west of the I-5 freeway to spur on early development in preparation for the new Bayfront project, as well as land in the portion of the City between Interstate 5 and Interstate 805, including the Palomar Gateway and Urban Core Specific Planning Areas and the Auto Park located East of the Interstate 805. As the Rate and Method of Apportionment defines, developers can defer their Development Impact Fees up to ten years or as otherwise defined in the CFD documents. Upon issuance of the Certificate of Occupancy (COO), the City calculates interest on an annual basis, and it is included as part of the long-term receivable. At June 30, 2022, the outstanding balance of the loans were $6,329,228 which includes interest accrual $363,803. Note 6 – Interfund Balances and Transactions Due to/Due from other funds At June 30, 2022, interfund receivables and payables were as follows: Due from Other Funds CV Elite Athlete Training Center Nonmajor Governmental Funds Nonmajor Enterprise Funds Total General Fund 536,664$ 1,808,638$ 178$ 2,345,480$ Current interfund balances arise in the normal course of operations to cover cash shortages and are expected to be repaid shortly after the end of the fiscal year. 81 Page 708 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 6 – Interfund Balances and Transactions (Continued) Long-Term Advances At June 30, 2022, balances were as follows: Sewer Other Development Enterprise Impact Fees Funds Total Advances to Other Funds: General -$ 2,783,149$ 2,783,149$ Sewer Fund 18,302,927 - 18,302,927 Total 18,302,927$ 2,783,149$ 21,086,076$ Advances from Other Funds: The City Council authorized and set terms for loans from the Trunk Sewer fund to Salt Creek for $16,598,381, to the Storm Drain fund for $744,612, and $803,331 from the Sewer Facility fund for capital improvement projects, via Resolution 2015-035. In accordance with Council Policy No. 220-06, approved via Resolution 2015-028, the financing costs shall be calculated using the City's pooled investment earning rate on a quarterly basis. The balance was $18,302,927 at June 30, 2022, of which all $18,302,927 is outstanding from the Sewer Fund to the Sewer Development Impact Fees Fund and the portion due from the Sewer Fund to the Storm Drain Fund has been paid in full. The City Council authorized and set terms for loans from the General Fund to Transport Enterprise nonmajor enterprise fund for $4,881,710, via Resolution 2020-152. In accordance with Council Policy No. 220-06, the financing costs shall be calculated using the City's pooled investment earning rate on a quarterly basis. The balance was $2,783,149 at June 30, 2022. 82 Page 709 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 6 – Interfund Balances and Transactions (Continued) Transfers In/Out Interfund transfers for the year ended June 30, 2022, were as follows: Public Municipal Other Financing Financing Governmental Transfers Out General Sundry Grants Authority Authority Funds General -$ 467,456$ 2,490,922$ 9,109,647$ 15,200,077$ Sundry Grants 2,713,977 - - - 1,613,275 Housing Successor Agency 6,269 - - - - Development Impact Funds 18,728 - 3,663,583 1,535,549 - Other Governmental Funds 5,070,535 - 666,808 - - Sewer Fund 3,511,070 - - - - Sewer Development Impact Fee 2,740 - - - - Development Services Fund 2,389,955 - - - - CV Elite Athlete Training Ctr - - - - 31,280 Other Enterprise Funds 2,893,243 - - - - Internal Service Funds 90,452 - - - - Total 16,696,969$ 467,456$ 6,821,313$ 10,645,196$ 16,844,632$ CV Elite Other Development Athlete Enterprise Internal Transfers Out Sewer Fund Services Fund Training Ctr Funds Service Funds Total General -$ 448,729$ 120,679$ 327,750$ 231,982$ 28,397,242$ Sundry Grants 99,392 124,750 - 106,000 26,000 4,683,394 Housing Successor Agency - - - - - 6,269 Development Impact Funds - - - - - 5,217,860 Other Governmental Funds - 73,125 - - - 5,810,468 Sewer Fund - 14,739 - - - 3,525,809 Sewer Development Impact Fee - - - - - 2,740 Development Services Fund - - - - - 2,389,955 CV Elite Athlete Training Ctr - - - - - 31,280 Other Enterprise Funds - - - - - 2,893,243 Internal Service Funds - - - - - 90,452 Total 99,392$ 661,343$ 120,679$ 433,750$ 257,982$ 53,048,712$ Transfers In General Fund – Operating support to the General Fund for City staff services and equipment. Total amount of support was $16,696,969. Sundry Grants Fund – Transferring the matching contribution to the federal grants in the amount of $467,456. Public Financing Authority – Funding debt service funds for repayment of various long-term obligations amounted to 6,821,313. Municipal Financing Authority – Funding debt service fund for repayment of long-term obligation amounted to $10,645,196. Other Governmental Funds – Transfer from General Fund in the amount of $15,200,077 for various debt obligations. Transfer from Chula Vista Elite Athlete Training Center to Eastlake Maintenance District in the amount of $31,280 for taxes related to City owned property. Various transfers between Sundry Grants Fund in the amount of $1,613,275. Sewer Fund – Transfer from Sundry Grants Fund in the amount of $99,392 for operating support. 83 Page 710 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 6 – Interfund Balances and Transactions (Continued) Development Services Fund – Operating support to the Development Services Fund for service; $448,729 support from the General Fund and $124,750, $73,125, and $14,739 from Sundry Grants Fund, Other Governmental Funds and the Sewer Fund, respectively. Chula Vista Elite Athlete Training Center – Support from General Fund: $120,679 for telecom site license fee. Other Enterprise Funds – Operating support to the Other Enterprise Funds for services provided; $327,750 and $106,000 support from the General Fund and Sundry Grants Fund, respectively. Internal Service Funds – Operating support to the internal service funds for services provided; $231,982 and $26,000 support from the General Fund and Other Governmental Funds, respectively. Note 7 – Capital Assets A. Government-Wide Financial Statements Summary of changes in capital assets for governmental activities for the year ended June 30, 2022, are as follows: Balance Prior Period CIP Balance July 1, 2021 Adjustments Additions Deletions Transfers June 30, 2022 Capital assets, not being depreciated: Land 437,045,968$ (598,660)$ -$ -$ -$ 436,447,308$ Construction in progress 142,429,165 - 21,917,642 (1,095,544) (4,992,006) 158,259,257 Total capital assets, not being depreciated 579,475,133 (598,660) 21,917,642 (1,095,544) (4,992,006) 594,706,565 Capital assets, being depreciated: Buildings 231,295,091 (132,286) - - - 231,162,805 Improvements other than buildings 145,708,851 (442,779) - - - 145,266,072 Machinery and equipment 53,242,866 (1,625,688) 6,657,850 (2,706,827) - 55,568,201 Infrastructure 808,891,150 - 37,712,935 - 4,992,006 851,596,091 Right to Use Equipment - 923,381 49,000 - - 972,381 Subtotal 1,239,137,958 (1,277,372) 44,419,785 (2,706,827) 4,992,006 1,284,565,550 Less accumulated depreciation Buildings (73,013,757) 119,156 (4,540,590) - - (77,435,191) Improvements other than buildings (62,591,128) 398,832 (2,976,514) - - (65,168,810) Right to Use Equipment - - (237,898) - - (237,898) Machinery and equipment (34,531,250) 608,120 (5,100,721) 2,680,309 - (36,343,542) Infrastructure (397,005,230) - (21,534,715) - - (418,539,945) Subtotal (567,141,365) 1,126,108 (34,390,438) 2,680,309 - (597,725,386) Total capital assets, being depreciated 671,996,593 (151,264) 10,029,347 (26,518) 4,992,006 686,840,164 Total governmental activities 1,251,471,726$ (749,924)$ 31,946,989$ (1,122,062)$ -$ 1,281,546,729$ Depreciation expense was charged to functions/programs as follows: General government 84,602$ Public safety 4,205,761 Public works 27,584,144 Community development 68,508 Parks and recreation 2,361,680 Library 10,834 Internal service 74,909 34,390,438$ 84 Page 711 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 7 – Capital Assets (Continued) A. Government-Wide Financial Statements (Continued) Summary of changes in capital assets for business-type activities for the year ended June 30, 2022, are as follows: Balance Prior Period CIP Balance July 1, 2021 Adjustments Additions Deletions Transfers June 30, 2022 Capital assets, not being depreciated: Land 180,677,144$ 598,659$ -$ -$ -$ 181,275,803$ Construction in progress 8,777,688 - 2,040,114 - (787,798) 10,030,004 Total capital assets, not being depreciated 189,454,832 598,659 2,040,114 - (787,798) 191,305,807 Capital assets, being depreciated: Buildings and Structures 17,027,588 132,286 - - - 17,159,874 Improvments other than buildings - 442,779 152,488 - - 595,267 Right to Use Equipment - 229,576 - - - 229,576 Machinery and equipment 12,377,390 (17,244) 1,803,685 (463,749) - 13,700,082 Infrastructure 251,156,974 - 6,001,176 - 787,798 257,945,948 Subtotal 280,561,952 787,397 7,957,349 (463,749) 787,798 289,630,747 Less accumulated depreciation Buildings and Structures (1,687,434) (119,156) (339,817) - - (2,146,407) Improvments other than buildings - (405,740) (28,843) - - (434,583) Right to Use Equipment - - (58,731) - - (58,731) Machinery and equipment (6,677,257) (12,519) (1,674,438) 463,749 - (7,900,465) Infrastructure (140,591,172) - (5,441,543) - - (146,032,715) Subtotal (148,955,863) (537,415) (7,543,372) 463,749 - (156,572,901) Total capital assets, being depreciated 131,606,089 249,982 413,977 - 787,798 133,057,846 Total governmental activities 321,060,921$ 848,641$ 2,454,091$ -$ -$ 324,363,653$ Depreciation/amortization expense for business-type activities for the year ended June 30, 2022, are as follows: CV Elite Training Center 337,146$ Sewer 6,179,091 Sewer Development Impact Fees 3,041 Development Services 98,879 Transport Enterprise 868,428 Golf course 48,326 Transit 8,461 7,543,372$ B. Fiduciary Funds Financial Statements Summary of changes in capital assets for fiduciary funds for the year ended June 30, 2022, are as follows: Balance CIP Balance July 1, 2021 Additions Deletions Transfers June 30, 2022 Capital assets, not being depreciated: Land 5,600,080$ -$ -$ -$ 5,600,080$ Construction in progress - 27,796,396 - - 27,796,396 Total capital assets, not being depreciated 5,600,080 27,796,396 - - 33,396,476 Capital assets, being depreciated: Buildings 2,386,218 - - - 2,386,218 Subtotal 2,386,218 - - - 2,386,218 Less accumulated depreciation Buildings (1,540,364) (47,722) - - (1,588,086) Subtotal (1,540,364) (47,722) - - (1,588,086) Total capital assets, being depreciated 845,854 (47,722) - - 798,132 Total governmental activities 6,445,934$ 27,748,674$ -$ -$ 34,194,608$ Depreciation expense for fiduciary funds for the year ended June 30, 2022, was $47,722 being reported in private-purpose trust funds. 85 Page 712 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities A summary of changes in long-term debt for the year ended June 30, 2022, is as follows: Balance Balance Amount Beginning of End Due Within Year Adjustments Additions Deletions of Year One Year Governmental Activities: Bonds payable Certificates of participation 67,250,000$ -$ -$ 4,045,000$ 63,205,000$ 4,250,000$ Lease revenue bonds 70,925,000 - - 7,790,000 63,135,000 7,860,000 Premium 11,801,065 - - 1,486,612 10,314,453 - Total bonds payable 149,976,065 - - 13,321,612 136,654,453 12,110,000 Private placement notes 6,616,007 - 3,426,935 1,047,915 8,995,027 897,036 Pension-related debt 311,272,126 11,310,036 - 5,994,991 316,587,171 8,105,450 Financed purchases 6,497,094 (851,647) - 844,465 4,800,982 876,134 Total Governmental Activities 474,361,292$ 10,458,389$ 3,426,935$ 21,208,983$ 467,037,633$ 21,988,620$ Business-Type Activities: Pension-related debt 38,752,874$ (11,310,036)$ -$ 510,009$ 26,932,829$ 689,550$ Financed purchases 4,500,499 (7,399) - 862,810 3,630,290 894,038 Total Business-Type Activities 43,253,373$ (11,317,435)$ -$ 1,372,819$ 30,563,119$ 1,583,588$ Governmental Activities A. Certificates of Participation 2014 Refunding COP In February 2014, the Chula Vista Public Financing Authority (Authority) issued $45,920,000 in 2014 Certificates of Participation to refinance the City’s outstanding 2002 Certificates of Participation (Police Facility Project), fund a reserve fund, and pay the costs incurred in connection with the execution and delivery of the Certificates. The source of repayment of the certificates is the lease payments to be made by the City to the Authority. Should the City default under the Lease, the Trustee, as assignee of the Authority, may terminate the Lease and re-lease the Leased Premises or may retain the Lease and hold the City liable for all Lease Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Lease Payments. Interest is payable semiannually on April 1 and October 1 of each year, commencing October 1, 2014. The certificates mature in 2032 and principal is payable on October 1 each year, commencing October 1, 2014. As of June 30, 2022, the outstanding balance is $31,635,000. 2015 Refunding COP In August 2015, the Chula Vista Public Financing Authority (Authority) issued $34,330,000 in 2015 Certificates of Participation to refinance the City’s outstanding 2004 Certificates of Participation (Civic Center Project Phase) and a portion of the 2006 Certificates of Participation (Civic Center Project Phase II), fund a reserve fund, and pay the costs incurred in connection with the execution and delivery of the Certificates. The refunding resulted in a difference between the reacquisition price and the net carrying amount of the old debt of $445,970, which is reported as a deferred outflow of resources in the accompanying financial statements and amortized over the remaining life of the refunded debt. The City completed the refunding to reduce its total debt service payments by $4,384,723 and to obtain an economic gain (difference between the present values of the old and new debt services payments) of $3,073,833. The source of repayment of the certificates is the lease payments to be made by the City to the Authority. Should the City default under the Lease, the Trustee, as assignee of the Authority, may terminate the Lease and re-lease the Leased Premises or may retain the Lease and hold the City liable for all Lease Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Lease Payments. Interest is payable semi-annually on March 1 and September 1 of each year, commencing March 1, 2016. The certificates mature in 2034 and principal is payable on March 1 each year, commencing October 1, 2015. As of June 30, 2022, the outstanding balance is $22,970,000. 86 Page 713 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Governmental Activities (Continued) A. Certificates of Participation (Continued) 2016 Refunding COP In July 2016, the Chula Vista Public Financing Authority (Authority) issued $8,600,000 in 2016 Certificates of Participation (Certificates) to current refund all of the City’s outstanding 2006 Certificates of Participation (Civic Center Project – Phase 2), to satisfy the reserve requirement with respect to the Certificates and to pay the costs of issuance of the Certificates. The refunding resulted in a difference between the reacquisition price and the net carrying amount of the old debt of $221,204, which is reported as a deferred outflow of resources in the accompanying financial statements and amortized over the remaining life of the refunded debt. The City completed the refunding to reduce its total debt service payments by $1,144,525 and to obtain an economic gain (difference between the present values of the old and new debt services payments) of $973,849. The source of repayment of the certificates is the lease payments to be made by the City to the Authority. Should the City default under the Lease, the Trustee, as assignee of the Authority, may terminate the Lease and re-lease the Leased Premises or may retain the Lease and hold the City liable for all Lease Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Lease Payments. Interest is payable semi-annually on March 1 and September 1 of each year, commencing March 1, 2017. The certificates mature in 2036 and principal is payable on March 1 each year, commencing March 1, 2027. As of June 30, 2022, the outstanding balance is $8,600,000. B. Lease Revenue Bonds 2016 Lease Revenue Refunding Bonds In July 2016, the Chula Vista Municipal Financing Authority (Authority) issued $25,885,000 in 2016 Lease Revenue Refunding Bonds to refinance an existing lease by advance refunding the City’s outstanding 2010 Certificates of Participation (Capital Facilities Refunding Projects) and to pay the costs of issuance of the Bonds. The refunding resulted in a difference between the reacquisition price and the net carrying amount of the old debt of $4,898,948, which is reported as a deferred outflow of resources in the accompanying financial statements and amortized over the remaining life of the refunded debt. The City completed the refunding to reduce its total debt service payments by $2,167,047 and to obtain an economic gain (difference between the present values of the old and new debt services payments) of $2,293,798. The source of repayment of the certificates is the lease payments to be made by the City to the Authority. Should the City default under the Lease Agreement, the Trustee, as assignee of the Authority, may terminate the Lease Agreement and re-lease the Leased Property or may retain the Lease Agreement and hold the City liable for all Base Rental Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Base Rental Payments. Interest is payable semi-annually on November 1 and May 1 of each year, commencing November 1, 2016. The certificates mature in 2033 and principal is payable on May 1 each year, commencing May 1, 2017. As of June 30, 2022, the outstanding balance is $17,560,000. 2017 Lease Revenue Bonds In June 2017, the Chula Vista Municipal Financing Authority (Authority) issued $61,355,000 in 2017 Lease Revenue Bonds to finance infrastructure, facilities, and equipment and to pay the costs of the issuance of the Bonds. Should the City default under the Lease Agreement, the Trustee, as assignee of the Authority, may terminate the Lease Agreement and re-lease the Leased Property or may retain the Lease Agreement and hold the City liable for all Base Rental Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Base Rental Payments. Interest is payable semi-annually on November 1 and May 1 of each year, commencing November 1, 2017. The bonds mature in 2027 and principal is payable on May 1 each year, commencing May 1, 2019. As of June 30, 2022, the outstanding balance is $32,800,000. 87 Page 714 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Governmental Activities (Continued) B. Lease Revenue Bonds (Continued) 2017 Lease Revenue Bonds, Series A (New Clean Renewable Energy Bonds – Federally Taxable) In December 2017, the Chula Vista Municipal Financing Authority (Authority) issued $12,045,000 in 2017 Lease Revenue Bonds, Series A (New Clean Renewable Energy Bonds – Federally Taxable), to finance photovoltaic energy systems at various City facilities, to capitalize interest on the Bonds and to pay the costs of issuance of the Bonds. Should the City default under the Lease Agreement, the Trustee, as assignee of the Authority, either may terminate the Lease Agreement and re-lease the Leased Property or may retain the Lease Agreement and hold the City liable for all Base Rental Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Base Rental Payments. Interest is payable semi-annually on December 1 and June 1 of each year, commencing June 1, 2018. The bonds mature in 2049 and principal is payable on December 1 each year, commencing December 1, 2021. As of June 30, 2022, the outstanding balance is $12,005,000. 2017 Lease Revenue Bonds, Series B (Tax-Exempt) In December 2017, the Chula Vista Municipal Financing Authority (Authority) issued $1,085,000 in 2017 Lease Revenue Bonds, Series B (Tax-Exempt), to finance photovoltaic energy systems at various City facilities, to capitalize interest on the Bonds and to pay the costs of issuance of the Bonds. Should the City default under the Lease Agreement, the Trustee, as assignee of the Authority, either may terminate the Lease Agreement and re-lease the Leased Property or may retain the Lease Agreement and hold the City liable for all Base Rental Payments thereunder on an annual basis. Under no circumstances will the Trustee have the right to accelerate Base Rental Payments. Interest is payable semi-annually on December 1 and June 1 of each year, commencing June 1, 2018. The bonds mature in 2029 and principal is payable on December 1 each year, commencing December 1, 2019. As of June 30, 2022, the outstanding balance is $770,000. C. Private Placement Notes Section 108 Loan In June 2008, the City entered into a Contract for Loan Guarantee Assistance with the U.S. Department of Housing and Urban Development (“HUD”) as part of the Section 108 Loan Program in the amount of $9,500,000. The Section 108 Loan is an “advance” of future CDBG entitlement funds and, as such, is repaid with a portion of the City’s annual entitlement. Proceeds of the loan will be used to fund multiple capital improvement projects. Debt service payments will be made with future CDBG entitlements for 20 years, with interest payments beginning with fiscal year 2009. On November 27, 2018, the City received notice from HUD regarding the opportunity to refinance the existing Section 108 Loan from an average of 5.19% interest rate (2019 through 2028) to an estimated average of 3.23% interest rate (2019 through 2028). On December 6, 2018, the City notified HUD of its election to redeem the current note. The City signed the agreement for the refinancing on January 23, 2019. No changes were made to the term of the loan. As of June 30, 2022, the outstanding balance is $4,410,000. Taxable QECB Lease/Purchase Agreement On December 31, 2012, the City entered into a lease purchase agreement with a private party to purchase certain energy conservation equipment. The lease/purchase agreement would bridge the financial gap between the Municipal Street Listing Retrofit Project capital costs and the available rebates for energy conservation equipment. As of June 30, 2022, the outstanding balance is $494,332. 88 Page 715 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Governmental Activities (Continued) C. Private Placement Notes (Continued) California Energy Commission Loans/SDG&E On-Bill Financing On September 25, 2007, the City Council approved Resolution 2007-241 authorizing the City’s participation in the California Energy Commission (“CEC”) and the SDG&E On-Bill Financing program. The loans would bridge the financial gap between energy conservation project capital costs and the available rebates for energy conservation equipment. As of June 30, 2022, the outstanding balance is $663,761. Department of Housing and Community Development Emergency Rental Assistance Program (ERAP) Loan On May 24, 2022, the City entered into a 0% interest “cashflow loan/note” agreement with the Department of Housing and Community Development for an ERAP loan in the amount of $8,567,338 for eligible rent and utilities assistance payments for rent arrears, utility arrears, and local administrative expenses, as defined in the U.S Treasury’s guidance. The loan is to be administered in three tranches, of which the City received tranche one in the amount of $3,426,934 as of June 30, 2022, which represents the amount outstanding at that date. D. Pension-Related Debt 2021 Taxable Pension Obligation Bonds In February 2021, the City issued $350,025,000 in 2021 Taxable Pension Obligation Bonds to finance the rolled forward Pension Liability as of June 30, 2019, as projected by CalPERS. Interest is payable semi-annually on December 1 and June 1 of each year, commencing December 1, 2021. The bonds mature in 2045 and principal is payable on December 1 each year, commencing June 1, 2022. As of June 30, 2022, the outstanding balance is $343,520,000. The Bonds are allocated among the various funds on the same basis as the City’s net pension liability. The portion of the Bonds attributable to governmental activities, after a reallocation from business-type activities of $11,310,036, at June 30, 2022, is $316,587,171. E. Financed Purchases Solar Energy Financing On July 23, 2013, the City Council approved Resolution 2013-149 authorizing the City to utilize a $2,121,500 Tax-Exempt Facility Lease Purchase Agreement with Banc of America, which would be repaid through the annual energy cost savings. As of June 30, 2022, the outstanding balance is $1,010,648. JP Morgan Equipment Financed Purchase Agreement In August 2016, the City entered into a financed purchase agreement with JP Morgan Chase Bank, N.A. for the acquisition of one Pierce Fire Engine. The agreement term is ten years and the agreement amount of $1,229,470 is to be paid in annual installments beginning in August 2017. As of June 30, 2022, the outstanding balance is $647,396. Motorola Solutions CAD Equipment Financed Purchase Agreement In July 2017, the City entered into a financed purchase agreement with Motorola Solutions, Inc. for the acquisition of a PSA System. The agreement term is ten years and the agreement amount of $1,351,409 is to be paid in annual installments beginning in July 2018. As of June 30, 2022, the outstanding balance is $774,547. 89 Page 716 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Governmental Activities (Continued) E. Financed Purchases (Continued) JP Morgan Equipment Financed Purchase Agreement In October 2019, the City entered into a financed purchase agreement with JP Morgan Chase Bank, N.A. for the acquisition of one Pierce Fire Engine. The agreement term is ten years and the agreement amount of $720,786 is to be paid in annual installments beginning in October 2019. As of June 30, 2022, the outstanding balance is $531,221. Banc of America Equipment Financed Purchase Agreement In July 2020, the City entered into a financed purchase agreement with Banc of America Public Capital Corp. for the acquisition of two Pierce Arrow pumpers. The agreement term is 5 years and the agreement amount of $2,273,805 is to be paid in annual installments beginning on July 30, 2021. As of June 30, 2022, the outstanding balance is $1,837,170. 90 Page 717 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Governmental Activities (Continued) F. Debt Service to Maturity The debt service requirements to maturity for the long-term debts previously described are as follows: Year Ending June 30, Principal Interest Total Principal Interest Total 2023 4,250,000$ 2,557,394$ 6,807,394$ 7,860,000$ 2,776,920$ 10,636,920$ 2024 4,475,000 2,341,894 6,816,894 7,935,000 2,401,049 10,336,049 2025 4,660,000 2,158,319 6,818,319 8,345,000 2,021,878 10,366,878 2026 4,885,000 1,934,444 6,819,444 8,760,000 1,623,764 10,383,764 2027 5,025,000 1,716,794 6,741,794 9,185,000 1,205,839 10,390,839 2028-2032 28,570,000 5,239,975 33,809,975 10,005,000 3,310,901 13,315,901 2033-2037 11,340,000 606,666 11,946,666 2,990,000 1,930,633 4,920,633 2038-2042 - - - 2,755,000 1,424,331 4,179,331 2043-2047 - - - 3,590,000 765,225 4,355,225 2048-2052 - - - 1,710,000 73,958 1,783,958 Total 63,205,000$ 16,555,486$ 79,760,486$ 63,135,000$ 17,534,498$ 80,669,498$ Year Ending June 30, Principal Interest Total Principal Interest Total 2023 897,036$ 151,666$ 1,048,702$ 8,795,000$ 7,679,215$ 16,474,215$ 2024 930,385 124,666 1,055,051 9,005,000 7,658,019 16,663,019 2025 864,939 96,420 961,359 9,215,000 7,620,288 16,835,288 2026 800,258 72,814 873,072 9,475,000 7,559,469 17,034,469 2027 659,000 50,896 709,896 9,715,000 7,479,879 17,194,879 2028-2032 4,843,409 42,347 4,885,756 54,155,000 35,185,603 89,340,603 2033-2037 - - - 77,270,000 29,075,826 106,345,826 2038-2042 - - - 97,580,000 18,164,548 115,744,548 2043-2047 - - - 68,310,000 3,961,084 72,271,084 2048-2052 - - - - - - Total 8,995,027$ 538,809$ 9,533,836$ 343,520,000$ 124,383,931$ 467,903,931$ Year Ending June 30, Principal Interest Total Principal Interest Total 2023 876,134$ 114,875$ 991,009$ 22,678,170$ 13,280,070$ 35,958,240$ 2024 897,156 96,994 994,150 23,242,541 12,622,622 35,865,163 2025 918,869 78,501 997,370 24,003,808 11,975,406 35,979,214 2026 941,297 59,373 1,000,670 24,861,555 11,249,864 36,111,419 2027 493,608 40,759 534,367 25,077,608 10,494,167 35,571,775 2028-2032 673,918 53,695 727,613 98,247,327 43,832,521 142,079,848 2033-2037 - - - 91,600,000 31,613,125 123,213,125 2038-2042 - - - 100,335,000 19,588,879 119,923,879 2043-2047 - - - 71,900,000 4,726,309 76,626,309 2048-2052 - - - 1,710,000 73,958 1,783,958 Total 4,800,982$ 444,197$ 5,245,179$ 483,656,009$ 159,456,921$ 643,112,930$ Certificates of Participation Lease Revenue Bonds Private Placement Notes Pension-Related Debt* Financed Purchase Agreements Total Future Debt Service *Pension-Related Debt amounts contain both governmental activities and business-type activities totals. 91 Page 718 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Business-Type Activities A. Pension-Related Debt 2021 Taxable Pension Obligation Bonds In February 2021, the City issued $350,025,000 in 2021 Taxable Pension Obligation Bonds to finance the rolled forward Pension Liability as of June 30, 2019, as projected by CalPERS. Interest is payable semi-annually on December 1 and June 1 of each year, commencing December 1, 2021. The bonds mature in 2045 and principal is payable on December 1 each year, commencing June 1, 2022. As of June 30, 2022, the outstanding balance is $343,520,000. The Bonds are allocated among the various funds on the same basis as the City’s net pension liability. The portion of the Bonds attributable to business-type activities, after a reallocation to governmental activities of $11,310,036, at June 30, 2022, is $26,932,829. Refer to the debt service requirements to maturity for this bond on the previous page. B. Financed Purchase Agreements Banc of America Equipment Financed Purchase Agreement In July 2020, the City entered into a financed purchase agreement with Banc of America Public Capital Corp. for the acquisition of a Medix Ambulance, and various equipment associated with the ambulance The financing term is 5 years and the payment amount of $4,493,100 is to be paid in annual installments beginning on July 30, 2021. As of June 30, 2022, the outstanding balance is $3,630,290. C. Debt Service to Maturity Year Ending June 30, Principal Interest Total 2023 894,038$ 34,074$ 928,112$ 2024 903,001 25,111 928,112 2025 912,053 16,059 928,112 2026 921,198 6,915 928,113 Total 3,630,290$ 82,159$ 3,712,449$ Financed Purchase Agreements Fiduciary Funds Long-Term Debt A. Tax Allocation Bonds Balance Balance Amount Beginning End Due Within of Year Additions Deletions of Year One Year Private Purpose Trust Funds Bonds payable Tax Allocation Refunding Bonds 22,770,000$ -$ 1,840,000$ 20,930,000$ 1,920,000$ Premium 3,515,849 - 234,390 3,281,459 - Total Private Purpose Trust Funds 26,285,849$ -$ 2,074,390$ 24,211,459$ 1,920,000$ 92 Page 719 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Fiduciary Funds Long-Term Debt (Continued) A. Tax Allocation Bonds (Continued) 2016 Tax Allocation Refunding Bonds In July 2016, the Successor Agency to the Redevelopment Agency of the City of Chula Vista (the Successor Agency) issued $29,315,000 in 2016 Tax Allocation Refunding Bonds to refinance the following obligations of the Former Agency: Bayfront/Town Centre Redevelopment Project 2006 Senior Tax Allocation Refunding Bonds, Series A, currently outstanding in the principal amount of $8,770,000. Bayfront/Town Centre Redevelopment Project 2006 Subordinate Tax Allocation Refunding Bonds, Series B, currently outstanding in the principal amount of $8,245,000; and 2008 Tax Allocation Refunding Bonds (Merged Redevelopment Project), currently outstanding in the principal amount of $20,450,000. The refunding resulted in a difference between the reacquisition price and the net carrying amount of the old debt of $1,669,678, which is reported as a deferred outflow of resources in the accompanying financial statements and amortized over the remaining life of the refunded debt. The City completed the refunding to reduce its total debt service payments by $9,561,410 and to obtain an economic gain (difference between the present values of the old and new debt services payments) of $4,617,835. In the event of default of the payment of the scheduled principal of or interest on the 2016 Insured Bonds when all or some becomes due, the Trustee on behalf of any owner of the 2016 Insured Bonds shall have a claim under the 2016 Insurance Policy for such payments. The maturity of Insured Bonds shall not be accelerated without the consent of the 2016 Insurer. Interest is payable semi-annually on April 1 and October 1 of each year, commencing April 1, 2017. The certificates mature in 2037 and principal is payable on October 1 each year, commencing October 1, 2017. As of June 30, 2022, the outstanding balance is $20,930,000. The annual debt service requirements for the 2016 Tax Allocation Refunding Bonds outstanding at June 30, 2022, are as follows: Year Ending June 30, Principal Interest Total 2023 1,920,000$ 873,400$ 2,793,400$ 2024 1,995,000 795,100 2,790,100 2025 2,075,000 713,700 2,788,700 2026 2,155,000 629,100 2,784,100 2027 1,520,000 555,600 2,075,600 2028-2032 5,370,000 1,902,250 7,272,250 2033-2037 5,895,000 605,000 6,500,000 Total 20,930,000$ 6,074,150$ 27,004,150$ 93 Page 720 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Fiduciary Funds Long-Term Debt (Continued) A. Tax Allocation Bonds (Continued) Pledged Revenues The Successor Agency has pledged tax revenues to the repayment of the RDA’s debts transferred to it on February 1, 2012, through the final maturity of the Bonds, or early retirement of the Bonds, whichever comes first. Tax revenues consist of Redevelopment Property Tax Trust Fund distributions allocated to the RDA’s project areas pursuant to Section 33670 of the Redevelopment Law excluding that portion of such tax increment revenues required to be paid under tax-sharing agreements unless the payment of such amounts has been subordinated to payment of debt services on the Bonds. Redevelopment Property Tax Trust Fund distributions earned in fiscal year 2022 was $3,541,006 and total debt service of all Tax Allocation Bonds paid was $2,788,600. The Bonds required 75% of net distributions. In future years, annual principal and interest payments on the Tax Allocation Bonds are expected to require 75% of Redevelopment Property Tax Trust Fund distributions. B. Special Assessment Debt – Non-City Obligations Bonds issued to finance public improvement projects in certain assessment districts are liabilities of the property owners and are secured by liens against the assessed properties. The City acts as an agent for collection of principal and interest payments by the property owners and remittance of such monies to the bondholders. The City has no obligation or duty to pay any delinquency out of any available funds of the City. Neither the faith, credit, nor the taxing power of the City is pledged to the payment of the bonds, however, the City accounts for the bonds and makes payments in a fiduciary capacity. Therefore, following obligations are included in the accompanying basic fiduciary fund financial statements as part of the custodial funds. At June 30, 2022, the special assessment debts recorded in custodial funds outstanding are as follows: Original Outstanding Amount June 30, 2022 Special Tax Revenue Refunding Bonds, Series 2013 72,100,000$ 50,595,000$ Special Tax Revenue Refunding Bonds, Series 2015A 30,460,000 25,300,000 Revenue Refunding Bonds, Series 2015B 43,695,000 30,465,000 CVBFFA Revenue Bonds Series 2022A 37,202,668 37,202,668 CVBFFA Revenue Bonds Series 2022B 10,000,000 10,000,000 CFD 16-1 1A1 12,280,000 12,165,000 CFD 16-1 1A2 11,255,000 11,255,000 Bond Premium 10,389,831 8,453,267 Total 227,382,499$ 185,435,935$ 94 Page 721 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 8 – Long-Term Liabilities (Continued) Fiduciary Funds Long-Term Debt (Continued) C. Multi-Family Housing Bonds – Non-City Obligations Bonds issued to finance public improvement and/or affordable multifamily housing projects are liabilities of the developers and are secured by liens against the assessed property. The City has no obligation or duty to pay any delinquency out of any available funds of the City. Neither the faith, credit, nor the taxing power of the City is pledged to the payment of the bonds. Therefore, none of the following obligations are included in the accompanying basic financial statements. At June 30, 2022, the multi-family housing bonds outstanding are as follows: Original Outstanding Amount June 30, 2022 2007 A Oxford Terrace Apartments 2,276,000$ 1,555,000$ 2007 B Oxford Terrace Apartments 2,363,000 2,363,000 2006 A Teresina Apartment Projects 37,940,000 37,940,000 2007 C The Landing Apartment 16,670,000 5,461,680 2013 A Congregational Tower 20,540,000 18,807,682 2016 A-1 Duetta Apts Homes 18,675,000 7,615,213 2016 A-3 Duetta Apts Homes junior 725,000 725,000 2016 B-1 Volta Apts Homes 20,925,000 9,683,543 2016 B-3 Volga Apts Homes Junior 775,000 375,000 2010 A-1 Landings II Senior 11,786,233 9,679,906 2019 A Cordova and Trolley Apartments 6,450,000 3,877,443 2019 Series B-1 St. Regis Park Apartmenrs 13,300,000 13,045,627 2019 Series B-4 Sub St. Regis Park Apartmenrs 6,800,000 6,800,000 2020 Series A Otay Ranch Apartments 5,354,124 20,483,531 2021 Series A-3 Columbia Apartments 2,600,000 2,600,000 2021 Series A-1 Columbia Apartments 13,316,443 13,316,443 Total 180,495,800$ 154,329,068$ Note 9 – Unearned Revenue At June 30, 2022, unearned revenue was reported in the amount of $54,005,880 in governmental activities and related to grant program funding received but not expended for allowable costs as of June 30, 2022. 95 Page 722 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 10 – Compensated Absences The City’s liability for vested and unpaid compensated absences (accrued vacation) has been accrued and amounts to $10,244,609 at June 30, 2022. For the governmental activities claims and judgments and compensated absences are generally liquidated by the general fund and the fleet management internal service fund. In business-type funds, the liabilities are typically liquidated by the Sewer Fund, Development Services Fund, and Other Enterprise Funds. The table and schedule below describe the dollar amount of compensated absences allocated to the different activities and funds, the percentage of liquidation applicable to those funds or activities, and the changes in compensated absences for the year. Percentage of Balance Liquidation Governmental Activities General Fund 9,308,809$ 90.9% Fleet Management internal service fund 91,085 0.9% Subtotal - Governmental Activities 9,399,894 Business-Type Activities Sewer Fund 264,875 2.6% Development Services Fund 555,341 5.4% Other Enterprise Funds 24,499 0.2% Subtotal - Business-Type Activities 844,715 Total Compensated Absences 10,244,609$ 100.0% Balance Balance Amount Beginning End Due Within of Year Additions Deletions of Year One Year Governmental Activites Compensated Absences 10,171,386$ 6,262,232$ 7,033,724$ 9,399,894$ 6,500,223$ Business-Type Activities Compensated Absences 798,443 522,936 476,664 844,715 492,868 Grand Total 10,969,829$ 6,785,168$ 7,510,388$ 10,244,609$ 6,993,091$ Note 11 – Self-Insurance Accrued Liabilities California employers, including the cities, are required to provide for workers’ compensation when the employees are injured on the job and the City, in compliance with its workers’ compensation obligations, has a self-insurance workers’ compensation program. To administer City’s workers’ compensation program, the City requires a qualified workers’ compensation claims management service company (commonly called "Third Party Administrators" or "TPA") to supervise and administer the workers’ compensation claims made upon the City's self-insurance program. City Council of the City of Chula Vista authorized the City Manager to execute an Agreement with Intercare Holdings Insurance Services, Inc., to act as the Third-Party Administrator for the City’s Workers’ Compensation Program, effective July 1, 2017. The term of this agreement began July 1, 2017, and ended on June 30, 2018, for completion of all Required Services. The Agreement may be extended for up to five (5) additional terms and has been extended through June 30, 2023. The City is self-insured for the first $1,000,000 per occurrence for workers’ compensation liabilities. Excess workers’ compensation coverage is obtained through participation in the Public Risk Innovation, Solutions, and Management (PRISM), formerly known as CSAC - Excess Insurance Authority. As of June 30, 2022, the program that offers per occurrence coverage up to $5,000,000 through pooled resources and from $5,000,000 to statutory limits via group purchased excess insurance policies. 96 Page 723 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 11 – Self-Insurance Accrued Liabilities (Continued) Only the probable amounts of loss as estimated by the City’s Risk Manager and Attorney, including an estimate of incurred-but-not reported losses, have been recorded as liabilities in the accompanying basic financial statements. There were no reductions in insurance from the prior year and there were no insurance settlements that exceeded coverage in each of the past three years. The aggregate change in the balance of claims payable as recorded in the Governmental Activities were as follows: Year Ended June 30, Beginning Balance Claims and Changes in Estimates Claims Payments Ending Balance 2020 24,237,293$ 4,472,938$ (4,024,895)$ 24,685,336$ 2021 24,685,336 11,304,276 (4,981,945) 31,007,667 2022 31,007,667 4,790,376 (4,565,636) 31,232,407 The City determines that $4,000,000 of the $31,232,407 to be short term. The liabilities for claims and judgments are typically liquidated from the General Fund. Note 12 – Leases A. Lease Receivable and Deferred Inflows of Resources 430 F Street Lease On July 1, 2021, the City entered into a 24-month lease as Lessor for the use of office space on 430 F Street. An initial lease receivable was recorded in the amount of $116,640. As of June 30, 2022, the value of the lease receivable is $58,320. The lessee is required to make monthly fixed payments of $4,860. The lease has an interest rate of 0.0000%. The office space estimated useful life was 24 months as of the contract commencement. The value of the deferred inflow of resources as of June 30, 2022 was $58,320, and the City recognized lease revenue of $58,320 during the fiscal year. The lessee has 2 extension options, each for 180 months. B. Lease Payable PNC Equipment Lease On July 1, 2021, the City entered into a 53-month lease as Lessee for the use of two 2016 Pierce Arrow XT Triple Combination Pumper apparatuses. An initial lease liability was recorded in the amount of $706,653. As of June 30, 2022, the value of the lease liability is $576,640. The City is required to make annual fixed payments of $152,189. The lease has an interest rate of 3.2000%. The apparatuses estimated useful life was 84 months as of the contract commencement. The value of the right-to-use asset as of June 30, 2022 of $706,653 with accumulated amortization of $100,950 is included with right-of-use leased equipment in Note 7A table for the governmental activities. The City has the option to purchase the apparatuses for $579,897. Mail Folding Machine Lease On July 1, 2021, the City entered into a 18-month lease as Lessee for the use of a Mail Folding Machine. An initial lease liability was recorded in the amount of $10,700. As of June 30, 2022, the value of the lease liability is $3,782. The City is required to make quarterly fixed payments of $1,786. The lease has an interest rate of 0.2630%. The machine estimated useful life was 24 months as of the contract commencement. The value of the right-to-use asset as of June 30, 2022 of $10,700 with accumulated amortization of $5,350 is included with right-of-use leased equipment in Note 7A table for the governmental activities and business-type activities for 50% each. The City has the option to purchase the machine for $1 (one dollar). 97 Page 724 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 12 – Leases (Continued) B. Lease Payable (Continued) Forensic Technology – IBIS Subscription Lease PD On December 21, 2021, the City entered into a 12-month lease as Lessee for the use of IBIS Subscription. An initial lease liability was recorded in the amount of $49,000. As of June 30, 2022, the value of the lease liability is $0. The City is required to make annual fixed payments of $49,000. The lease has an interest rate of 0.3320%. The subscription estimated useful life was 12 months as of the contract commencement. The value of the right to use asset as of June 30, 2022 of $49,000.00 with accumulated amortization of $28,583 is included with right-to-use leased equipment in Note 7A table for the governmental activities. The City has one extension option for 84 months. Key Government Financial Inc. – NIC Lease On July 1, 2021, the City entered into a 29-month lease as Lessee for the use of IT networking equipment, software and licensing package. An initial lease liability was recorded in the amount of $47,442. As of June 30, 2022, the value of the lease liability is $25,257. The City is required to make annual fixed payments of $25,382. The lease has an interest rate of 6.7500%. The leased IT package estimated useful life was 24 months as of the contract commencement. The value of the right-to-use asset as of June 30, 2022 of $47,442 with accumulated amortization of $23,721 is included with right-to-use leased equipment in Note 7A table for the governmental activities. The City has the option to purchase the package for $1 (one dollar). Dell MDC Lease On July 1, 2021, the City entered into a 27-month lease as Lessee for the use of Dell Latitude 5420 computers. An initial lease liability was recorded in the amount of $163,936. As of June 30, 2022, the value of the lease liability is $90,475. The City is required to make annual fixed payments of $82,389. The lease has an interest rate of 0.5140%. The computers estimated useful life was 24 months as of the contract commencement. The value of the right-to-use asset as of June 30, 2022 of $163,936 with accumulated amortization of $81,968 is included with right-to-use leased equipment in Note 7A table for the governmental activities. The City has the option to purchase the computers for $1 (one dollar). Velosimo Inc. Software Integration Platform Lease On July 1, 2021, the City entered into a 52-month lease as Lessee for the use of Velosimo Software Integration Platform. An initial lease liability was recorded in the amount of $224,226. As of June 30, 2022, the value of the lease liability is $182,726. The City is required to make annual fixed payments of $41,500. Additionally, there are annual other reasonably certain payments of $12,000. The lease has an interest rate of 0.0000%. The software integration platform estimated useful life was 60 months as of the contract commencement. The value of the right-to-use asset as of June 30, 2022 of $224,226 with accumulated amortization of $44,845 is included with right-to-use leased equipment in Note 7A table for the business-type activities. The City has 4 extension options, each for 12 months. The following is a summary of changes in leases of the City for the year ended June 30, 2022: Additions Deletions 923,381$ 49,000$ 278,119$ 694,262$ 239,159$ Additions Deletions 229,576$ -$ 44,959$ 184,617$ 43,391$ Beginning Balance Ending Balance Due in One Year Governmental Activities Business-Type Activities Beginning Balance Ending Balance Due in One Year 98 Page 725 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 12 – Leases (Continued) B. Lease Payable (Continued) Future principal and interest requirements to maturity for the combined capital lease liability as of June 30, 2022 are as follows: Year ending June 30, Principal Interest Total Payments 2023 239,159$ -$ 239,159$ 2024 138,466 - 138,466 2025 142,897 - 142,897 2026 121,653 - 121,653 2027 52,087 - 52,087 Total 694,262$ -$ 694,262$ Year ending June 30, Principal Interest Total Payments 2023 43,391$ -$ 43,391$ 2024 56,820 - 56,820 2025 84,406 - 84,406 2026 - - - 2027 - - - Total 184,617$ -$ 184,617$ Future Principal and Interest Requirements Governmental Activities Business-Type Activities Note 13 – Pension Plans A. California Public Employees’ Retirement Plans Plan Description All qualified permanent and probationary employees are eligible to participate in the City’s Miscellaneous Plan or the City’s Safety Plan, both agent multiple-employer defined benefit pension plans administered by the California Public Employees’ Retirement System (CalPERS), which acts as a common investment and administrative agent for its participating member employers. Benefit provisions under the Plans are established by State statute and City resolution. CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website. Benefits Provided CalPERS provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited service, equal to one year of full-time employment. Members with five years of total service are eligible to retire at age 50 (52 under PEPRA) with statutorily reduced benefits. All members are eligible for non-duty disability benefits after 10 years of service. The death benefit is one of the following: the Basic Death Benefit, the 1957 Survivor Benefit, or the Optional Settlement 2W Death Benefit. The cost-of-living adjustments for each plan are applied as specified by the Public Employees’ Retirement Law. 99 Page 726 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) The Plan’s provisions and benefits in effect at June 30, 2022, are summarized as follows: Miscellaneous Plan Tier 1*Tier 2 PEPRA Hire date Prior to April 22, 2011 New Member on or after April 22, 2011, but prior to January 1, 2013 New Member on or after January 1, 2013 Benefit formula 3% @ 60 2% @ 60 2% @ 62 Benefit vesting schedule 5 years’ service 5 years’ service 5 years’ service Benefit payments monthly for life monthly for life monthly for life Retirement age 50 50 52 Monthly benefits, as a % of eligible compensation 2.0% to 3.0% 1.092% to 2.418% 1.0% to 2.5% Required employee contribution rates 8.0%7.0% 6.75% Required employer contribution rates 31.545%31.545% 12.757% Safety Fire Plan Tier 1*Tier 2 PEPRA Hire date Prior to April 22, 2011 New Member on or after April 22, 2011, but prior to January 1, 2013 New Member on or after January 1, 2013 Benefit formula 3% @ 50 3% @ 55 2.7% @ 57 Benefit vesting schedule 5 years’ service 5 years’ service 5 years’ service Benefit payments monthly for life monthly for life monthly for life Retirement age 50 50 50 Monthly benefits, as a % of eligible compensation 3.00%2.4% to 3.0% 2.0% to 2.7% Required employee contribution rates 9.0%9.0% 12.25% Required employer contribution rates 35.570%35.570% 24.095% *Closed to new entrants 100 Page 727 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) Safety Police Plan Tier 1* Tier 2 PEPRA Hire date Prior to April 22, 2011 New Member on or after April 22, 2011, but prior to January 1, 2013 New Member on or after January 1, 2013 Benefit formula 3% @ 50 3% @ 55 2.7% @ 57 Benefit vesting schedule 5 years’ service 5 years’ service 5 years’ service Benefit payments monthly for life monthly for life monthly for life Retirement age 50 50 50 Monthly benefits, as a % of eligible compensation 3.00%2.4% to 3.0% 2.0% to 2.7% Required employee contribution rates 9.0%9.0% 12.25% Required employer contribution rates 35.570%35.570% 24.095% Employees Covered At June 30, 2022, the following employees were covered by the benefit terms of the plans: Miscellaneous Plan Inactive employees or beneficiaries currently receiving benefits894 Inactive employees entitled to but not yet receiving benefits 709 Active employees 618 Total 2,221 Safety Plan Inactive employees or beneficiaries currently receiving benefits388 Inactive employees entitled to but not yet receiving benefits 122 Active employees 364 Total 874 Contribution Description Section 20814(c) of the California Public Employees’ Retirement Law (PERL) requires that the employer contribution rates for all public employers are determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through CalPERS’ annual actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The employer is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. Employer contribution rates may change if plan contracts are amended. Payments made by the employer to satisfy contribution requirements that are identified by the pension plan terms as plan member contribution requirements are classified as plan member contributions. $205,182,523 and $183,166,596 of contributions for the Miscellaneous and Safety Plan respectively, were recognized as a reduction to the net pension liability for fiscal year ending June 30, 2022. 101 Page 728 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) Actuarial Methods and Assumptions Used to Determine Total Pension Liability The June 30, 2020, valuation was rolled forward to determine the June 30, 2021, total pension liability, based on the following actuarial methods and assumptions: Actuarial Cost Method Entry Age Normal in accordance with the requirements of GASB 68 Actuarial Assumptions Discount Rate 7.15% Inflation 2.50% Salary Increases Varies by Entry Age and Service Mortality Rate Table 1 Derived using CalPERS' membership data for all funds Post Retirement Benefit Increase 1 The mortality table was developedbased onCalPERS-specific data.The probabilities of mortalityare basedon the 2017 CalPERS Experience Study for the period from 1997 to 2015. Pre-retirement and post-retirement mortality rates include 15 years of projected mortality improvement using 90%of Scale MP-2016 publishedby the Society of Actuaries. For more details on this table, please refer to the CalPERS Experience Study and Review of Actuarial Assumptions report from December 2017 that can be found on the CalPERS website. The lesser of contract COLA or 2.50% until Purchasing Power Protection Allowance floor on purchasing power applies, 2.50% thereafter Long-term Expected Rate of Return The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. In determining the long-term expected rate of return, CalPERS took into account both short-term and long-term market return expectations as well as the expected pension fund cash flows. Using historical returns of all of the funds’ asset classes, expected compound (geometric) returns were calculated over the short-term (first 10 years) and the long-term (11+ years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each fund. The expected rate of return was set by calculating the rounded single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equal to the single equivalent rate calculated above and adjusted to account for assumed administrative expenses. The expected real rates of return by asset class are as followed: Assumed Asset Real Return Real Return Asset Class 1 Allocation Years 1-10 2 Years 11+ 3 Global equity 50.0% 4.80% 5.98% Fixed income 28.0% 1.00% 2.62% Inflation assets 0.0% 0.77% 1.81% Private equity 8.0% 6.30% 7.23% Real assets 13.0% 3.75% 4.93% Liquidity 1.0% 0.00% -0.92% 1 In CalPERS' ACFR,Fixed Income is included in GlobalDebt Securities; Liquidity is included in Short-term Investments; Inflation Assets are included in Global Equity Securities and Global Debt Securities. 2 An expected inflation rate of 2.00% is used for this period. 3 An expected inflation rate of 2.92% is used for this period. 102 Page 729 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) Discount Rate The discount rate used to measure the total pension liability was 7.15%. The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current member contribution rates and that contributions from employers will be made at statutorily required rates, actuarially determined. Based on those assumptions, the Plan’s fiduciary net position was projected to be available to make all projected future benefit payments of current plan members. Therefore, the long-term expected rate of return on plan investments was applied to all periods of projected benefit payments to determine the total pension liability. Amortization of Deferred Outflows and Deferred Inflows of Resources Under GASB 68, gains and losses related to changes in total pension liability and fiduciary net position are recognized in pension expense systematically over time. The first amortized amounts are recognized in pension expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to pensions and are to be recognized in future pension expense. The amortization period differs depending on the source of the gain or loss: Net Difference between projected 5-year straight-line amortization and actual earnings on pension plan investments All other amounts Straight-line amortization over the expected average remaining service lifetime (EARSL) of all members that are provided with benefits (active, inactive, and retired) at the beginning ofthe measurement period. (2.6 years for Miscellaneous and 5.3 years for Safety) 103 Page 730 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) Changes in the Net Pension Liability The following table shows the changes in net pension liability recognized over the measurement period. Total Pension Plan Fiduciary Net Pension Liability Net Position Liability (a) (b) (c) = (a) - (b) Miscellaneous Plan: Balance at: 06/30/2020 594,619,949$ 406,018,917$ 188,601,032$ (Valuation Date) Changes Recognized for the Measurement Period: Service Cost 9,145,103 - 9,145,103 Interest on Total Pension Liability 41,542,929 - 41,542,929 Differences Between Expected and Actual Experience (3,234,587) - (3,234,587) Contributions - Employer - 205,182,523 (205,182,523) Contributions - Employees - 3,856,589 (3,856,589) Net Investment Income - 106,512,033 (106,512,033) Benefit Payments, Including Refunds of Employee Contributions (29,875,845) (29,875,845) - Administrative Expense - (405,588) 405,588 Net Changes During 2020-21 17,577,600 285,269,712 (267,692,112) Balance at: 06/30/2021 612,197,549 691,288,629 (79,091,080) (Measurement Date) Safety Plan: Balance at: 06/30/2020 569,995,185 406,631,023 163,364,162 (Valuation Date) Changes Recognized for the Measurement Period: Service Cost 13,253,770 - 13,253,770 Interest on Total Pension Liability 39,881,546 - 39,881,546 Differences Between Expected and Actual Experience (6,175,468) - (6,175,468) Contributions - Employer - 183,166,596 (183,166,596) Contributions - Employees - 4,884,978 (4,884,978) Net Investment Income - 104,361,444 (104,361,444) Benefit Payments, Including Refunds of Employee Contributions (25,325,483) (25,325,483) - Administrative Expense - (406,200) 406,200 Net Changes During 2020-21 21,634,365 266,681,335 (245,046,970) Balance at: 06/30/2021 591,629,550 673,312,358 (81,682,808) (Measurement Date) Total - All Plans 1,203,827,099$ 1,364,600,987$ (160,773,888)$ 104 Page 731 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) Sensitivity of the Net Pension Liability to Changes in the Discount Rates The following presents the net pension liability of the Plans as of the measurement date, calculated using the discount rate of 7.15 percent, as well as what the net pension liability would be if it were calculated using a discount rate that is 1 percentage-point lower (6.15 percent) or 1 percentage-point higher (8.15 percent) than the current rate: Discount Rate - 1% (6.15%) Current Discount Rate (7.15%) Discount Rate +1% (8.15%) Miscellaneous Plan (1,114,621)$ (79,091,080)$ (143,818,601)$ Safety Plan 1,142,182 (81,682,808) (149,470,822) TOTAL 27,561$ (160,773,888)$ (293,289,423)$ Pension Plan Fiduciary Net Position Detailed information about the plans’ fiduciary net position is available in the separately issued CalPERS financial reports. See CalPERS website for additional information. Pension Expense and Deferred Outflows and Deferred Inflows of Resources Related to Pensions For the year ended June 30, 2022, the City recognized pension revenue of $4,524,017 and incurred pension expense of $2,119,647 for the Miscellaneous and Safety Plans, respectively. At June 30, 2022, the City has deferred outflows and deferred inflows of resources related to pensions as follows: Deferred Outflows Deferred Inflows of Resources of Resources Miscellaneous Plan Contributions Subsequent to Measurement Date 3,590,926$ -$ Differences Between Expected and Actual Experience 664,434 1,990,515 Net Difference Between Projected and Actual Earnings on Pension Plan Investments - 52,223,368 Subtotal - Miscellaneous Plan 4,255,360 54,213,883 Safety Plan Contributions Subsequent to Measurement Date 11,120,663 - Changes of Assumptions - 352,090 Differences Between Expected and Actual Experience 1,887,946 7,298,590 Net Difference Between Projected and Actual Earnings on Pension Plan Investments - 50,697,545 Subtotal - Safety Plan 13,008,609 58,348,225 Total - All Plans 17,263,969$ 112,562,108$ 105 Page 732 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 13 – Pension Plans (Continued) A. California Public Employees’ Retirement Plans (Continued) The $3,950,926 and $11,120,663 for the Miscellaneous and Safety Plan, respectively, reported as deferred outflows of resources related to contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2023. Other amounts reported as deferred outflows or deferred inflows of resources related to pensions will be recognized as pension expense as follows: Fiscal Years Ending June 30, Miscellaneous Safety Total 2023 (13,790,581)$ (14,108,892)$ (27,899,473)$ 2024 (12,943,270) (12,858,378) (25,801,648) 2025 (12,588,606) (14,079,942) (26,668,548) 2026 (14,226,992) (15,063,514) (29,290,506) 2027 - (349,553) (349,553) Deferred Outflows/(Inflows) of Resources B. Defined Contribution Pension Plan The City provides pension plan benefits for all of its part-time hourly employees through a defined contribution plan (Public Agency Retirement Plan). In a defined contribution plan, benefits depend solely on amounts contributed to the plan plus investment earnings. The plan is administered by Public Agency Retirement Services (PARS). All part-time employees are eligible to participate from the date of employment. Federal legislation requires contributions of at least 7.5% to a retirement plan, and City Council resolved to match the employees’ contributions of 3.75%. The City’s contributions for each employee (and interest earned by the accounts) are fully vested immediately. The authority to establish or amend the plan’s provisions resides with City Council. For the year ended June 30, 2022, the City’s total hourly payroll (for eligible PARS members) and covered payroll was $2,758,481. The City made employer contributions of $103,443 (3.75% of current covered payroll), and employees contributed $103,443 (3.75% of current covered payroll). C. Deferred Compensation 457B Plan The City offers to its employees an optional deferred compensation plan created in accordance with Section 457 of the Internal Revenue Code. This plan is available to substantially all employees and allows participants to defer a portion of their current income until future years, up to a maximum of $20,500 (in whole dollars) per calendar year, so as to shelter such funds and earnings from state and federal taxation until withdrawal. The deferred compensation is not available to participants until termination, retirement, death, or unforeseeable emergency. This plan is administered through a third‐party administrator. The City does not perform the investing function and has no fiduciary accountability for the plan. Thus, plan assets and any related liability to plan participants have been excluded from the City’s financial statements. At June 30, 2022, the balance in the plan was $113,202,058. Note 14 – Post Retirement Health Benefits A. Defined Benefit Other-Post Employment Benefits Plan Plan Description The City administers a single-employer defined-benefit post-employment healthcare plan (the Plan). Dependents are eligible to enroll, and benefits continue to surviving spouses. 106 Page 733 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 14 – Post Retirement Health Benefits (Continued) A. Defined Benefit Other-Post Employment Benefits Plan (Continued) Benefits Provided Pre-Medicare Miscellaneous employees hired before January 1, 2011, and Safety employees hired before April 22, 2011, pay 100% of the pre-Medicare active/retiree blended rate. All other pre-Medicare employees pay 100% of the unblended (pure retiree) pre-Medicare premium. Medicare retirees pay 100% of the unblended (pure retiree) premium. Employees Covered by Benefit Terms At June 30, 2021 (the census date), the benefit terms covered the following employees: Active 444 Inactive employees or beneficiaries currently receiving benefits 367 Inactive employees entitled to, but not yet receiving benefits - 811 The information above does not reflect eligible retirees that are in the process of enrolling in the healthcare plan. Contributions The City pays benefits as they come due. Contribution Rate: Benefits due Reporting period contributions: $1,293,716 (includes implicit subsidy credit) Total OPEB Liability The City's total OPEB liability was valued as of June 30, 2021 and was used to calculate the total OPEB liability measured as of June 30, 2022. Actuarial Assumptions The total OPEB liability in the June 30, 2021, actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement, unless otherwise specified: Measurement Date 6/30/2022 Discount Rate 3.69% Inflation 9.25% Health Cost Trend Rates Pre-Medicare 7.00% Medicare 4.80% Salary Increases 2.75% ** Mortality Rates Based on CalPERS tables. ** Additional merit-based increases based on CalPERS merit salary increase tables. 107 Page 734 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 14 – Post Retirement Health Benefits (Continued) A. Defined Benefit Other-Post Employment Benefits Plan (Continued) Projections of the sharing of benefit-related costs are based on an established pattern of practice. Experience studies come from the CalPERS Pension Assumption Model, revised May 14, 2018. Inactive employees (retirees) pay 100% of the cost of benefits. There were no ad hoc post-employment benefit changes (including ad hoc COLAs) to the plan. Discount Rate The discount rate used to measure the total OPEB liability is 3.69%. The City's OPEB Plan is an unfunded plan, therefore the discount rate was set to the rate of tax-exempt, high-quality 20-year municipal bonds, as of the valuation date. Trust Assets There are no assets accumulated in a trust that meets the criteria in paragraph 4 of GASB 75 to pay related benefits. Changes in the Total OPEB Liability The changes in the Total OPEB Liability for the Plan are as follows: Increase (Decrease) Total OPEB Liability Balance at June 30, 2021 26,787,344$ Changes recognized over the measurement period: Service Cost 1,647,777 Interest 533,534 Differences between actual and expected experience 2,804,304 Changes of assumptions (3,029,111) Implicit rate subsidy fulfilled (1,293,716) Net Changes 662,788 Balance at June 30, 2022 27,450,132$ Sensitivity of the Total OPEB Liability to Changes in the Discount Rate and Healthcare Cost Trend Rate Sensitivity of the total OPEB liability to changes in the discount rate. The total OPEB liability of the City, as well as what the City's total OPEB liability would be if it were calculated using a discount rate that is one percentage point lower (0.92%) or one percentage point higher (2.92%) follows: 1% Decrease Discount Rate 1% Increase 2.69% 3.69% 4.69% Total OPEB Liability 29,246,271$ 27,450,132$ 25,739,115$ Increase (Decrease) 1,796,139 (1,711,017) % Change 6.5% -6.2% 108 Page 735 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 14 – Post Retirement Health Benefits (Continued) A. Defined Benefit Other-Post Employment Benefits Plan (Continued) OPEB Expense and Deferred Outflows and Inflows of Resources Related to OPEB For the report year ended June 30, 2022, the City recognized an OPEB expense of $3,715,657. The City reported deferred outflows of resources and deferred inflows of resources related to OPEB from the following sources: Deferred Outflows Deferred Inflows of Resources of Resources Changes of Assumptions 5,929,056$ -$ Differences Between Expected and Actual Experience 2,131,458 (3,028,096) Total 8,060,514$ (3,028,096)$ Amounts reported as deferred outflows or deferred inflows of resources related to OPEB will be recognized as OPEB expense as follows: Fiscal Years Ending June 30, Deferred Outflows/(Inflows) of Resources 2023 1,534,346$ 2024 1,531,624 2025 1,499,859 2026 644,047 2027 46,893 Remaining (224,351) The effects on the total OPEB liability of (1) changes of economic and demographic assumptions or of other inputs and (2) differences between expected and actual experience are required to be included in OPEB expense in a systematic and rational manner over a closed period equal to the average of the expected remaining service lives of all employees that are provided with benefits through the OPEB plan (active employees and inactive employees), beginning in the current period. The expected average remaining service lives (EARSL) for the current period is 6.4 years. B. Defined Contribution Other Post-Employment Benefits Plan The City offers eligible retiring employees a Post-Employment Health Plan (PEHP). This plan is administered through a third-party administrator. PEHP is a tax-exempt Voluntary Employee’s Beneficiary Association (VEBA) Trust, which provides employee benefits pursuant to IRC Code Section 501(c)(9). PEHP creates a defined contribution health reimbursement program that allows for money to be set aside to pay for future medical expenses. PEHP is funded with mandatory eligible employee contributions. Depending on the bargaining unit and its respective plan agreements, these mandatory contributions can be unused vacation and/or compensatory time off due to the employee at the time of retirement. At June 30, 2022, the balance of the assets held by the trustee for this plan was $1,231,276. 109 Page 736 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 15 – Commitments and Contingencies Litigation The City is presently involved in certain matters of litigation that have risen in the normal course of conducting City business. City management believes, based upon consultation with the City Attorney, that these cases, in the aggregate, are not expected to result in a material adverse financial impact on the City. Additionally, City management believes that the City’s insurance programs are sufficient to cover any potential losses should an unfavorable outcome materialize. Grants The City participates in a number of federally assisted grant programs, including those from the U.S. Department of Housing and Urban Development, U.S. Department of Justice, U.S. Department of Treasury, U.S. Department of Transportation, and the U.S. Department of Education. Receipts from these grant programs are subject to audit to determine if the monies were expended in accordance with appropriate statues, grant terms and regulations. The City believes no significant liabilities will result on this audit. Construction Commitments Expenditures Remaining Project Description PO Amount to Date Balance Bike Lane Improv Broadway Ph I Bike Lanes on Broadway 3,5 68,000$ 3,018,636$ 549,364$ Traffic Sig Sys-Fiber Network 3,200,000 1,751,218 1,448,782 Major Pavement Rehab FY17/18 Bonita Rd & Allen School Lane 3,010,780 2,622,890 387,890 Loma Verde Quatic and Rec Ph I 12,812,639 8,329,869 4,482,770 Encumbrances At June 30, 2022, there were encumbrances of $30,233,178 in the General Fund, $6,482,579 in the Sundry Grants Fund, $10,620 in the Housing Successor Agency, $1,298,162 in the Development Impact Fee Fund, $3,079,840 in the Sewer Fund, $635,301 in the Development Services Fund, and $4,420,181 in the non-major funds. City Loan to Successor Agency The General Fund has loaned a cumulative amount of $9,095,666 including interest to the Successor Agency for unreimbursed services rendered by City staff. It is anticipated that the Agency will repay this loan from Redevelopment Property Tax Trust Fund distributions. Currently, Redevelopment Property Tax Trust Fund distributions are used to pay for related debt service expenditures and possible future debt issuance. Successor Agency – Long-Range Property Management Plan The City, acting as the Successor Agency to the Chula Vista Redevelopment Agency, prepared a Long-Range Property Management Plan (LRPMP) in compliance with AB 1484. The Successor Agency Oversight Board reviewed and approved the LRPMP on May 12, 2014 and submitted it to the California Department of Finance for review on May 27, 2014. The Department of Finance approved the LRPMP in their July 15, 2014, determination letter. 110 Page 737 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 16 – Restatements of Fund Balance and Net Position A. Statement of Activities For the fiscal year ended June 30, 2022, the Government-Wide Statement of Activities reported the following adjustments to beginning net position: Governmental Business-Type Activities Activities Total Beginning Net Position, as Originally Reported 1,165,779,357$ 424,978,653$ 1,590,758,010$ Restatements: General Fund 1 3,590,483 - 3,590,483 Other Governmental Funds 2 52,316 - 52,316 Sewer Fund 3 - 2,388,241 2,388,241 Other Enterprise Funds 4 - 1,076,726 1,076,726 Total Restatements 3,642,799 3,464,967 7,107,766 Beginning Net Position, as Restated 1,169,422,156$ 428,443,620$ 1,597,865,776$ Government-Wide Statements 1. The restatement to the General Fund of $3,590,483 was a combination of a $3,758,498 increase to properly reflect previously set aside contributions to the Chula Vista Bayfront Facilities Financing Authority that was offset by a decrease of $168,015 due to a liability that was included in fund balance. 2. The $52,316 restatement to the Storm Drain Fund is due to management review of an external billing system in anticipation of transferring billing into the existing ERP system. Upon review, receivables were identified that had been omitted from the prior year’s financial statements. 3. The $2,388,241 restatement to the Sewer Fund was due to management review of an external billing system in anticipation of transferring billing into the existing ERP system. Upon review, receivables were identified that had been omitted from the prior year’s financial statements. 4. The $1,076,726 restatement to Other Enterprise Funds was primarily due to the movement of golf course capital assets previously reported as part of governmental activities to the Chula Vista Muni Golf nonmajor fund in the amount of $625,674. The remaining restatement was to reflect the activity performed by the Operator of the Golf Course that was omitted from the prior year’s financial statements. B. Statement of Changes in Fiduciary Net Position For the fiscal year ended June 30, 2022, the City restated the beginning net position of the Custodial Funds by $134,757,914. This prior period adjustment was made to correct the implementation of GASB Statement No. 84, done during the prior year. Interpretation of GASB Statement No. 84, was ambiguous regarding the treatment of conduit debts for which the City operates as the custodian of the collections for and payments of those debts through the Custodial Funds. Further clarifications received from the GASB Board subsequent to the issuance of the prior year’s financial statements resulted in the removal of the conduit debts from the Custodial Funds. The amount of restatement related to GASB Statement No. 84 is $138,516,412. In addition, the City restated the beginning net position of the Custodial Funds in the amount of ($3,758,498) to properly reflect contributions to the Bayfront Financing Authority in previous years. 111 Page 738 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Note 17 – Change in Accounting Estimate The Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2021, utilized the GASB 68 allocation as the basis for allocating the liability associated with the 2021 Taxable Pension Obligation Bonds (POB). Using this method, the governmental activities portion of the POB was $311,272,128. Upon subsequent review, it was determined that this methodology over-allocated the liability to the City’s Proprietary Funds due to the use of the ACFR functional categories. The City has evaluated the methodologies for allocating the POB liability and has revised its allocation of the liability. The revised methodology is based on the average of Fiscal Years 2019-2021 actual Normal Cost in the City’s payroll system, as a proxy for covered payroll. This revision results in a more representative allocation of the liability between the governmental activities and business-type activities. This change increases the governmental activities POB liability by $11,310,035 to $322,582,162 and a decrease to the business-type activities POB liability by $11,310,035 to $27,442,838 as of July 1, 2021. 112 Page 739 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda REQUIRED SUPPLEMENTARY INFORMATION 113 Page 740 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 114 Page 741 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BUDGETARY COMPARISON SCHEDULE GENERAL FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1, as restated 121,819,781$ 121,819,781$ 121,819,781$ -$ Resources (Inflows): Taxes 177,453,697 190,081,449 201,184,068 11,102,619 Licenses and permits 1,780,159 1,780,159 1,962,967 182,808 Intergovernmental 3,963,699 3,969,762 2,512,219 (1,457,543) Charges for services 15,843,051 16,960,789 16,247,055 (713,734) Use of money and property 3,312,678 3,598,078 (958,477)(4,556,555) Fines and forfeitures 1,015,830 1,078,926 1,040,182 (38,744) Developer participation 1,582,377 1,806,844 1,497,608 (309,236) Miscellaneous 2,144,461 5,009,007 6,490,615 1,481,608 Transfers in 16,125,352 21,813,377 16,696,969 (5,116,408) Issuance of debt - 3,426,935 3,426,935 - Amounts Available for Appropriations 345,041,085 371,345,107 371,919,922 574,815 Charges to Appropriations (Outflow): Current: General government: City council 1,499,960 1,481,489 1,239,361 242,128 City clerk 1,207,668 1,433,791 1,426,232 7,559 City attorney 3,047,072 2,752,403 2,705,856 46,547 Administration 2,380,888 2,372,820 2,342,895 29,925 Information technology 3,469,962 3,659,848 3,527,993 131,855 Human resources 2,738,889 3,030,024 2,970,539 59,485 Finance 5,442,742 6,916,782 6,457,505 459,277 Non-departmental 6,999,867 20,480,767 20,272,760 208,007 Board and commissions 58,536 162,485 129,501 32,984 Public safety: Police 62,258,613 60,597,958 59,268,544 1,329,414 Fire 36,868,490 40,374,621 38,987,178 1,387,443 Animal care facility 2,702,673 2,854,049 2,743,802 110,247 Community development: Economic development 1,507,328 1,974,345 1,297,836 676,509 Development services 2,526,466 5,950,696 2,432,663 3,518,033 Parks and recreation 10,706,984 11,929,038 11,596,166 332,872 Public works: Public works 11,620,605 11,761,378 11,689,164 72,214 Engineering 8,806,377 8,941,115 8,814,344 126,771 Library 3,485,140 3,281,981 3,090,928 191,053 Capital outlay 33,252,858 58,170,677 21,561,030 36,609,647 Debt service: Principal retirement 7,331,901 1,146,901 1,129,627 17,274 Interest and fiscal charges 2,096,253 147,003 145,696 1,307 Transfers out 20,225,703 30,638,693 28,397,242 2,241,451 Total Charges to Appropriations 230,234,975 280,058,864 232,226,862 47,832,002 Budgetary Fund Balance, June 30 114,806,110$ 91,286,243$ 139,693,060 48,406,817$ Reconciliation of Budgetary Comparison Schedule to Statement of Revenues, Expenditures, and Changes in Fund Balance Flexible Spending Account (FSA) Fund Balance, June 30 874,954 Fund Balance of General Fund, June 30 140,568,014$ The notes to required supplementary information are an integral part of this schedule. 115 Page 742 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BUDGETARY COMPARISON SCHEDULE SUNDRY GRANTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Budgetary Fund Balance, July 1 8,746,706$ 8,746,706$ 8,746,706$ -$ Resources (Inflows): Intergovernmental 12,471,511 80,074,411 48,999,427 (31,074,984) Charges for services 1,558,729 1,558,729 1,771,326 212,597 Use of money and property (investment loss)113,000 113,000 (1,185,432)(1,298,432) Miscellaneous 212,059 212,059 922,697 710,638 Transfers in 63,959 628,765 467,456 (161,309) Amounts Available for Appropriations 23,165,964 91,333,670 59,722,180 (31,611,490) Charges to Appropriations (Outflow): Current: General government: Finance - 4,995,482 1,699,529 3,295,953 Public safety: Police 8,737,741 10,074,622 7,375,837 2,698,785 Fire 177,138 627,024 610,633 16,391 Animal care facility -61,120 20,228 40,892 Community development: Economic development 2,821,145 6,314,560 2,058,547 4,256,013 Development services 2,573,749 51,091,660 38,328,532 12,763,128 Public works: Public works - 1,600,000 -1,600,000 Library -66,337 24,935 41,402 Capital outlay 1,589,640 26,304,909 1,369,964 24,934,945 Transfers out 2,895,699 16,546,856 4,683,394 11,863,462 Total Charges to Appropriations 18,795,112 117,682,570 56,171,599 61,510,971 Budgetary Fund Balance, June 30 4,370,852$ (26,348,900)$ 3,550,581$ 29,899,481$ The notes to required supplementary information are an integral part of this schedule. 116 Page 743 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL HOUSING SUCCESSOR AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property 215,000$ 215,000$ (176,312)$ (391,312)$ Other revenues 249,000 255,000 138,420 (116,580) Total Revenues 464,000 470,000 (37,892)(507,892) Expenditures: Current: City administration 72,669 2,072,401 7,227 2,065,174 Total Expenditures 72,669 2,072,401 7,227 2,065,174 Excess (Deficiency) of Revenues Over (Under) Expenditures 391,331 (1,602,401) (45,119)1,557,282 Other Financing Sources (Uses): Transfers out (2,000,000)(6,269)(6,269)- Total Other Financing Sources (Uses)(2,000,000)(6,269)(6,269)- Net Change in Fund Balances (1,608,669)$ (1,608,670)$ (51,388) 1,557,282$ Fund Balances - Beginning 13,120,183 Fund Balances - Ending 13,068,795$ The notes to required supplementary information are an integral part of this schedule. 117 Page 744 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA MISCELLANEOUS PLAN SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS 1 2015 2016 2017 2018 Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 TOTAL PENSION LIABILITY Service Cost 8,696,183$ 8,570,421$ 8,451,918$ 9,370,865$ Interest 32,359,841 34,103,210 35,618,575 36,639,997 Difference Between expected and Actual Experience - 925,960 (2,524,995) (6,331,454) Changes in Assumptions - (8,500,698) - 30,693,812 Benefit Payments, Including Refunds of employee Contributions (18,639,387) (19,539,333) (21,022,078) (23,072,106) Net Change in Total Pension Liability 22,416,637 15,559,560 20,523,420 47,301,114 Total Pension Liability - Beginning 436,436,153 458,852,790 474,412,350 494,935,770 Total Pension Liability - Ending (a)458,852,790 474,412,350 494,935,770 542,236,884 PLAN FIDUCIARY NET POSITION Contribution - Employer 9,134,182 13,499,144 12,461,946 13,663,149 Contribution - Employee 4,555,300 3,679,749 3,764,641 3,536,418 Plan to Plan Resource Movement - 5,268 - - Net Investment Income 48,303,496 7,195,063 1,747,676 36,763,992 Benefit Payments, Including Refunds of Employee Contributions (18,639,387) (19,539,333) (21,022,078) (23,072,106) Administrative Expense - (368,694) (199,512) (478,539) Other Miscellaneous Income/(Expense)- - - - Net Change in Fiduciary Net Position 43,353,591 4,471,197 (3,247,327) 30,412,914 Plan Fiduciary Net Position - Beginning 279,540,671 322,894,262 327,365,459 324,118,132 Plan Fiduciary Net Position - Ending (b)322,894,262 327,365,459 324,118,132 354,531,046 Plan Net Pension Liability/(Assets) - Ending (a) - (b)135,958,528$ 147,046,891$ 170,817,638$ 187,705,838$ 70.37% 69.00% 65.49%65.38% Covered Payroll 42,760,249$ 44,135,521$ 45,990,463$ 44,435,640$ 317.96% 333.17% 371.42%422.42% Notes to Schedule of Changes in Net Pension Liability and Related Ratios: Plan Fiduciary Net Position as a Percentage of the Total Pension Liability Plan Net Pension Liability/(Asset) as a Percentage of Covered Payroll 1 Fiscal Year 2015 was the first year of implementation; therefore, only eight years are shown. Changes of Assumptions: None in 2021 or 2022. In 2019, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and Review of Actuarial Assumptions December 2017. There were no changes in the discount rate. In 2018, the discount rate was reduced from 7.65 percent to 7.15 percent. In 2017, there were no changes. In 2016, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense.) In 2015, amounts reported were based on the 7.5 percent discount rate. Benefit Changes: The figures above do not include any liability impact that may have resulted from plan changes which occurred after the June 30, 2020 valuation date. This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes). The notes to required supplementary information are an integral part of this schedule.118 Page 745 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2019 2020 2021 2022 6/30/2018 6/30/2019 6/30/2020 6/30/2021 9,048,165$ 8,696,267$ 8,953,165$ 9,145,103$ 37,305,907 38,721,727 40,325,600 41,542,929 (8,223,685) (413,302) 2,562,816 (3,234,587) (4,314,060) - - - (24,924,595) (27,001,672) (28,353,268) (29,875,845) 8,891,732 20,003,020 23,488,313 17,577,600 542,236,884 551,128,616 571,131,636 594,619,949 551,128,616 571,131,636 594,619,949 612,197,549 14,479,069 16,244,599 18,211,675 205,182,523 3,603,297 3,592,996 3,800,444 3,856,589 (874) - - - 30,032,849 24,600,973 19,625,933 106,512,033 (24,924,595) (27,001,672) (28,353,268) (29,875,845) (552,457) (268,407) (554,440) (405,588) (1,049,125) 874 - - 21,588,164 17,169,363 12,730,344 285,269,712 354,531,046 376,119,210 393,288,573 406,018,917 376,119,210 393,288,573 406,018,917 691,288,629 175,009,406$ 177,843,063$ 188,601,032$ (79,091,080)$ 68.25% 68.86% 68.28%112.92% 44,578,340$ 45,798,549$ 47,627,626$ 48,617,605$ 392.59% 388.32% 395.99%-162.68% The notes to required supplementary information are an integral part of this schedule.119 Page 746 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SAFETY PLAN SCHEDULE OF CHANGES IN NET PENSION LIABILITY AND RELATED RATIOS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1) 2015 2016 2017 2018 Measurement Date 6/30/2014 6/30/2015 6/30/2016 6/30/2017 TOTAL PENSION LIABILITY Service Cost 10,220,233$ 9,646,806$ 9,971,492$ 11,594,959$ Interest 28,334,465 29,979,452 31,658,073 33,213,616 Difference Between expected and Actual Experience - 460,215 768,421 (1,210,352) Changes in Assumptions - (7,813,969) - 29,393,364 Benefit Payments, Including Refunds of employee Contributions (15,869,862) (17,767,853) (19,460,670) (20,397,814) Net Change in Total Pension Liability 22,684,836 14,504,651 22,937,316 52,593,773 Total Pension Liability - Beginning 380,617,699 403,302,535 417,807,186 440,744,502 Total Pension Liability - Ending (a)403,302,535 417,807,186 440,744,502 493,338,275 PLAN FIDUCIARY NET POSITION Contribution - Employer 11,684,174 7,555,357 10,971,712 11,670,017 Contribution - Employee 3,157,921 3,230,989 3,420,273 3,620,014 Plan to Plan Resource Movement 47,649,285 6,999,744 1,664,170 35,554,749 Net Investment Income (15,869,862) (17,767,853) (19,460,670) (20,397,814) Benefit Payments, Including Refunds of Employee Contributions - (359,830) (194,899) (466,842) Administrative Expense - - - - Other Miscellaneous Income/(Expense)- - - - Net Change in Fiduciary Net Position 46,621,518 (341,593) (3,599,414) 29,980,124 Plan Fiduciary Net Position - Beginning 273,515,399 320,136,917 319,795,324 316,195,910 Plan Fiduciary Net Position - Ending (b)320,136,917 319,795,324 316,195,910 346,176,034 Plan Net Pension Liability/(Assets) - Ending (a) - (b)83,165,618$ 98,011,862$ 124,548,592$ 147,162,241$ 79.38% 76.54% 71.74%70.17% Covered Payroll 34,243,101$ 34,117,846$ 37,174,663$ 37,817,316$ 242.87%287.27%335.04%389.14% Notes to Schedule of Changes in Net Pension Liability and Related Ratios: 1 Fiscal Year 2015 was the first year of implementation; therefore, only eight years are shown. Plan Fiduciary Net Position as a Percentage of the Total Pension Liability Plan Net Pension Liability/(Asset) as a Percentage of Covered Payroll Changes of Assumptions: None in 2020 or 2021. In 2019, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and Review of Actuarial Assumptions December 2017. There were no changes in the discount rate. In 2018, the discount rate was reduced from 7.65 percent to 7.15 percent. In 2017, there were no changes. In 2016, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense.) In 2015, amounts reported were based on the 7.5 percent discount rate. Benefit Changes: The figures above do not include any liability impact that may have resulted from plan changes which occurred after the June 30, 2019 valuation date. This applies for voluntary benefit changes as well as any offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes). The notes to required supplementary information are an integral part of this schedule.120 Page 747 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2019 2020 2021 2022 6/30/2018 6/30/2019 6/30/2020 6/30/2021 12,044,725$ 12,267,031$ 12,575,630$ 13,253,770$ 34,751,830 36,853,969 38,422,153 39,881,546 (307,813) 4,868,911 (3,779,764) (6,175,468) (2,112,530) - - - (21,801,437) (22,950,693) (24,175,102) (25,325,483) 22,574,775 31,039,218 23,042,917 21,634,365 493,338,275 515,913,050 546,952,268 569,995,185 515,913,050 546,952,268 569,995,185 591,629,550 13,529,290 15,445,861 17,861,917 183,166,596 3,804,814 3,966,723 4,257,612 4,884,978 29,258,121 24,248,349 19,386,578 - (21,801,437) (22,950,693) (24,175,102) 104,361,444 (539,438) (263,613) (549,592) (25,325,483) (858) - - (406,200) (1,024,401) 858 - - 23,226,091 20,447,485 16,781,413 266,681,335 346,176,034 369,402,125 389,849,610 406,631,023 369,402,125 389,849,610 406,631,023 673,312,358 146,510,925$ 157,102,658$ 163,364,162$ (81,682,808)$ 71.60% 71.28% 71.34%113.81% 39,384,099$ 40,374,060$ 37,732,745$ 39,655,225$ 372.01%389.12%432.95%-205.98% The notes to required supplementary information are an integral part of this schedule.121 Page 748 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULES OF PLAN CONTRIBUTIONS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS 1 Fiscal Year Actuarially Actual Contribution Contribution Ending Determined Employer Deficiency Covered as a % of June 30,Contribution Contribution (Excess)Payroll Covered Payroll 2015 9,637,382$ 9,637,382$ -$ 44,135,521$ 21.84% 2016 10,214,678 10,214,678 - 45,990,463 22.21% 2017 10,864,203 10,864,203 - 44,435,640 24.45% 2018 10,942,584 10,942,584 - 44,578,340 24.55% 2019 12,333,078 12,333,078 - 45,798,549 26.93% 2020 10,890,567 10,890,567 - 47,627,626 22.87% 2021 10,904,285 196,350,263 (185,445,978)48,617,605 403.87% 2022 3,590,926 3,590,926 - 55,375,215 6.48% Fiscal Year Actuarially Actual Contribution Contribution Ending Determined Employer Deficiency Covered as a % of June 30,Contribution Contribution (Excess)Payroll Covered Payroll 2015 12,553,815$ 12,553,815$ -$ 34,117,846$ 36.80% 2016 13,859,572 13,859,572 - 37,174,663 37.28% 2017 14,965,975 14,965,975 - 37,817,316 39.57% 2018 17,324,929 17,324,929 - 39,384,099 43.99% 2019 19,585,859 19,585,859 - 40,374,060 48.51% 2020 24,641,503 24,641,503 - 37,732,745 65.31% 2021 28,332,777 191,117,507 (162,784,730)39,655,225 481.95% 2022 11,120,663 11,120,663 - 47,183,733 23.57% CalPERS Miscellaneous Employees Agent, Multiple-Employer Pension Plan: CalPERS Safety Employees Agent, Multiple-Employer Pension Plan: 1 Historical information is required only for measurement for which GASB 68 and GASB 75 is applicable. Fiscal year 2015 was the first year of implementation for GASB 68, therefore only seven years are shown. The notes to required supplementary information are an integral part of this schedule. 122 Page 749 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF CHANGES IN THE TOTAL OPEB LIABILITY AND RELATED RATIOS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS 1 2018 2019 2020 2021 2022 TOTAL OPEB LIABILITY Service cost 825,786$ 819,100$ 921,271$ 1,468,936$ 1,647,777$ Interest on the total OPEB liability 495,822 549,699 516,371 636,356 533,534 Difference between expected and actual experience 4,128 - 5,786,481 -2,804,304 Change of assumptions 183,361 504,190 2,640,687 751,555 (3,029,111) Implicit rate subsidy fulfilled (536,155) (634,315) (724,009) (1,148,517)(1,293,716) Net change in total OPEB liability 972,942 1,238,674 9,140,801 1,708,330 662,788 Total OPEB Liability - Beginning 13,726,597 14,699,539 15,938,213 25,079,014 26,787,344 Total OPEB Liability - Ending 14,699,539$ 15,938,213$ 25,079,014$ 26,787,344$ 27,450,132$ Plan fiduciary net position as a percentage of the total OPEB liability 2 0.00%0.00%0.00%0.00%0.00% Covered-employee payroll 53,738,469$ 55,216,277$ 56,734,725$ 58,294,930$ 42,628,588$ Total OPEB liability as a percentage of covered-employee payroll 27.35%28.87%44.20%45.95%64.39% Notes to Schedule of Changes in the Total OPEB Liability and Related Ratios: 2 The plan is not funded through a qualifying trust; therefore, there is no fiduciary net position to offset the total OPEB liability. 1 Historical information is required only for the measurement periods for which GASB 75 is applicable. Fiscal Year 2018 was the first year of implementation. Future years' information will be displayed up to 10 years as information becomes available. The notes to required supplementary information are an integral part of this schedule.123 Page 750 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda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age 751 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda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age 752 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 126 Page 753 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda SUPPLEMENTARY INFORMATION 127 Page 754 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments 17,186,374$ 1,439,106$-$2,202,264$233,301$ Receivables: Accounts - 20,407 1,627 152,070 - Taxes 1,484,896 - - -- Accrued interest 73,827 6,184 1,081 9,300 844 Deferred loans (net of allowance for uncollectibles)----- Due from other governments ----- Prepaid costs ----- Restricted assets: Cash and investments with fiscal agents ----- Total Assets 18,745,097$ 1,465,697$2,708$ 2,363,634$234,145$ LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE: Liabilities: Accounts payable 50,015$143,057$2,981$ 18,211$-$ Retentions payable 3,574 - - -- Accrued liabilities 9,266 ---- Deposits payable ----- Due to other funds --1,765 -- Unearned revenues ----- Total Liabilities 62,855 143,057 4,746 18,211 - Deferred Inflows of Resources: Unavailable revenues ---2,226 - Total Deferred Inflows of Resources ---2,226 - Fund Balances: Nonspendable: Prepaid costs ----- Restricted: Community development projects 18,682,242 - - -- Public safety - 1,322,640 - -- Parks and recreation ----- Capital projects --- 2,343,197 234,145 Debt service ----- Unassigned (deficit)--(2,038)-- Total Fund Balances (Deficit)18,682,242 1,322,640 (2,038) 2,343,197 234,145 Total Liabilities, Deferred Inflows of Resources, and Fund Balances 18,745,097$ 1,465,697$2,708$ 2,363,634$234,145$ Special Revenue Funds Transportation Gas Taxes Parking Meter Traffic Safety Storm Drain Town Center I 128 Page 755 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments Receivables: Accounts Taxes Accrued interest Deferred loans (net of allowance for uncollectibles) Due from other governments Prepaid costs Restricted assets: Cash and investments with fiscal agents Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE: Liabilities: Accounts payable Retentions payable Accrued liabilities Deposits payable Due to other funds Unearned revenues Total Liabilities Deferred Inflows of Resources: Unavailable revenues Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Restricted: Community development projects Public safety Parks and recreation Capital projects Debt service Unassigned (deficit) Total Fund Balances (Deficit) Total Liabilities, Deferred Inflows of Resources, and Fund Balances (CONTINUED) 46,168,627$ 156,257$ 5,945,001$ -$ 269,281$ 80,953 - 32,368 -12 ----- 196,637 -25,005 -- -417,541 3,846,315 -- -20,007 -182,099 - 11,284 ---- ----- 46,457,501$ 593,805$ 9,848,689$ 182,099$ 269,293$ 1,870,752$ 315$ 47,768$ 141,946$ 2,799$ 169,497 - - 24,434 - --30,603 96 - ----- ---331,248 - ----17,582 2,040,249 315 78,371 497,724 20,381 -437,548 3,877,016 182,099 12 -437,548 3,877,016 182,099 12 11,284 ---- -155,942 5,893,302 -- ----- ----248,900 44,405,968 ---- ----- --- (497,724)- 44,417,252 155,942 5,893,302 (497,724)248,900 46,457,501$ 593,805$ 9,848,689$ 182,099$ 269,293$ Special Revenue Funds Mobile Park Fee Open Space Districts Housing Programs Housing Authority Transportation Sales Tax 129 Page 756 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments Receivables: Accounts Taxes Accrued interest Deferred loans (net of allowance for uncollectibles) Due from other governments Prepaid costs Restricted assets: Cash and investments with fiscal agents Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE: Liabilities: Accounts payable Retentions payable Accrued liabilities Deposits payable Due to other funds Unearned revenues Total Liabilities Deferred Inflows of Resources: Unavailable revenues Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Restricted: Community development projects Public safety Parks and recreation Capital projects Debt service Unassigned (deficit) Total Fund Balances (Deficit) Total Liabilities, Deferred Inflows of Resources, and Fund Balances 877,521$ 101,101$ 378,374$ 1,466,249$ 918,000$ 160,934$ 114,416 - - - -- ------ -425 1,590 6,173 -- ------ 485,140 ----- ------ ------ 1,477,077$ 101,526$ 379,964$ 1,472,422$ 918,000$ 160,934$ 60,517$ -$ -$ 44,563$ -$ -$ ---4,951 -- ------ --- 1,422,908 -- ------ ------ 60,517 -- 1,472,422 -- 485,140 ----- 485,140 ----- ------ 931,420 -379,964 -918,000 - -----160,934 ------ -101,526 ---- ------ ------ 931,420 101,526 379,964 -918,000 160,934 1,477,077$ 101,526$ 379,964$ 1,472,422$ 918,000$ 160,934$ Developer Contributions Donations Special Revenue Funds Special Revenue Endowments Utility Tax Settlement Public Education and Govt Fee V2 Pub Benefit Contribution 130 Page 757 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments Receivables: Accounts Taxes Accrued interest Deferred loans (net of allowance for uncollectibles) Due from other governments Prepaid costs Restricted assets: Cash and investments with fiscal agents Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE: Liabilities: Accounts payable Retentions payable Accrued liabilities Deposits payable Due to other funds Unearned revenues Total Liabilities Deferred Inflows of Resources: Unavailable revenues Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Restricted: Community development projects Public safety Parks and recreation Capital projects Debt service Unassigned (deficit) Total Fund Balances (Deficit) Total Liabilities, Deferred Inflows of Resources, and Fund Balances (CONTINUED) 43,370,112$ -$ 959$ -$ 54$ 1,095,759$ ------ ------ 182,302 -4 --4,603 2,837,671 ----- ------ ------ ------ 46,390,085$ -$ 963$ -$ 54$ 1,100,362$ -$ -$ -$ -$ -$ -$ ------ ------ ------ -826,536 -4,460 -- ------ -826,536 -4,460 -- 3,197,452 ----- 3,197,452 ----- ------ ------ --963 --- 43,192,633 ----- ----541,100,362 ------ - (826,536)-(4,460)-- 43,192,633 (826,536)963 (4,460)54 1,100,362 46,390,085$ -$ 963$ -$ 54$ 1,100,362$ Capital Projects Funds Highway Safety Bicycle Facility Industrial Development Authority Assessment District Improvement Park Acquisition Development Residential Construction Tax 131 Page 758 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments Receivables: Accounts Taxes Accrued interest Deferred loans (net of allowance for uncollectibles) Due from other governments Prepaid costs Restricted assets: Cash and investments with fiscal agents Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE: Liabilities: Accounts payable Retentions payable Accrued liabilities Deposits payable Due to other funds Unearned revenues Total Liabilities Deferred Inflows of Resources: Unavailable revenues Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Restricted: Community development projects Public safety Parks and recreation Capital projects Debt service Unassigned (deficit) Total Fund Balances (Deficit) Total Liabilities, Deferred Inflows of Resources, and Fund Balances 104$ -$ 1,513,724$ 632$ 40,127$ 97,602$ ------ ------ --15,074 --212 ------ -347,891 ---- ---472,803 -- -- 3,863,164 697 -- 104$ 347,891$ 5,391,962$ 474,132$ 40,127$ 97,814$ -$ 30,500$ 57,326$ -$ -$ -$ --2,088 --- ------ ------ -644,629 ---- ------ -675,129 59,414 --- -319,270 ---- -319,270 ---- ---472,803 -- ------ 104 ----- ------ ------ -- 5,332,548 1,329 40,127 97,814 - (646,508)---- 104 (646,508) 5,332,548 474,132 40,127 97,814 104$ 347,891$ 5,391,962$ 474,132$ 40,127$ 97,814$ Debt Service Funds Lease Payable Notes Payable Transportation Partnership City Debt Service Other Transportation Program Capital Projects Funds Capital Projects Fund 132 Page 759 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING BALANCE SHEET NON-MAJOR GOVERNMENTAL FUNDS JUNE 30, 2022 ASSETS Cash and investments Receivables: Accounts Taxes Accrued interest Deferred loans (net of allowance for uncollectibles) Due from other governments Prepaid costs Restricted assets: Cash and investments with fiscal agents Total Assets LIABILITIES, DEFERRED INFLOWS OF RESOURCES, AND FUND BALANCE: Liabilities: Accounts payable Retentions payable Accrued liabilities Deposits payable Due to other funds Unearned revenues Total Liabilities Deferred Inflows of Resources: Unavailable revenues Total Deferred Inflows of Resources Fund Balances: Nonspendable: Prepaid costs Restricted: Community development projects Public safety Parks and recreation Capital projects Debt service Unassigned (deficit) Total Fund Balances (Deficit) Total Liabilities, Deferred Inflows of Resources, and Fund Balances Total Governmental Funds 123,621,463$ 401,853 1,484,896 523,261 7,101,527 1,035,137 484,087 3,863,861 138,516,085$ 2,470,750$ 204,544 39,965 1,422,908 1,808,638 17,582 5,964,387 8,500,763 8,500,763 484,087 26,960,870 1,484,641 43,441,533 48,185,252 5,471,818 (1,977,266) 124,050,935 138,516,085$ 133 Page 760 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 REVENUES Taxes -$-$-$-$-$ Intergovernmental 12,048,633 ---- Charges for services ---624,691 75,076 Use of money and property (investment loss)(431,783)370,934 (10,540)(56,870)(5,454) Fines and forfeitures -267,274 264,647 200 - Developer participation ----- Miscellaneous ----- Total Revenues 11,616,850 638,208 254,107 568,021 69,622 EXPENDITURES Current: General government - 651,605 - -- Public safety - - 34,446 -- Community development ----- Public works 239,411 - - 151,996 44 Capital outlay 1,660,694 59,047 --- Debt service: Principal retirement ----- Interest and fiscal charges ----- Total Expenditures 1,900,105 710,652 34,446 151,996 44 Excess (Deficiency) Revenues over Expenditures 9,716,745 (72,444)219,661 416,025 69,578 OTHER FINANCING SOURCES (USES) Transfers in 4,000 -124,557 -- Transfers out (4,092,971)(961) (399,140)-- Issuance of debt ----- Total Other Financing Sources (Uses)(4,088,971)(961) (274,583)-- Net Change in Fund Balances 5,627,774 (73,405)(54,922)416,025 69,578 Fund Balances (Deficit) - Beginning 13,054,468 1,396,045 52,884 1,874,856 164,567 Restatements ---52,316 - Fund Balance (Deficit) - Beginning, as Restated 13,054,468 1,396,045 52,884 1,927,172 164,567 Fund Balances (Deficit) - Ending 18,682,242$ 1,322,640$ (2,038)$ 2,343,197$ 234,145$ Town Center I Storm Drain Special Revenue Funds Transportation Gas Taxes Parking Meter Traffic Safety 134 Page 761 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 REVENUES Taxes Intergovernmental Charges for services Use of money and property (investment loss) Fines and forfeitures Developer participation Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Community development Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) Revenues over Expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Issuance of debt Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Restatements Fund Balance (Deficit) - Beginning, as Restated Fund Balances (Deficit) - Ending (CONTINUED) -$ -$ -$ -$ -$ --- 3,921,799 - 19,080,180 -59,956 -- (1,295,764)-(173,907)12,675 - ----- ----- 262,550 33,310 1,173,399 -32,180 18,046,966 33,310 1,059,448 3,934,474 32,180 ----- ----- -20,007 920,752 -30,888 13,965,973 ---- --- 2,839,348 - ----- ----- 13,965,973 20,007 920,752 2,839,348 30,888 4,080,993 13,303 138,696 1,095,126 1,292 281,034 -15,000 -- (258,531)-(368,934)-- ----- 22,503 -(353,934)-- 4,103,496 13,303 (215,238) 1,095,126 1,292 40,313,756 142,639 6,108,540 (1,592,850)247,608 ----- 40,313,756 142,639 6,108,540 (1,592,850)247,608 44,417,252$ 155,942$ 5,893,302$ (497,724)$ 248,900$ Mobile Park Fee Transportation Sales Tax Open Space Districts Housing Programs Housing Authority Special Revenue Funds 135 Page 762 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 REVENUES Taxes Intergovernmental Charges for services Use of money and property (investment loss) Fines and forfeitures Developer participation Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Community development Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) Revenues over Expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Issuance of debt Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Restatements Fund Balance (Deficit) - Beginning, as Restated Fund Balances (Deficit) - Ending -$ -$ -$ -$ -$ -$ ------ ------ -(2,788)(10,438)--- ------ ---- 1,000,000 - 463,961 ----160,934 463,961 (2,788)(10,438)- 1,000,000 160,934 995,254 22 82 -82,000 - ------ ------ ------ 53,351 ----- ------ ------ 1,048,605 22 82 -82,000 - (584,644)(2,810)(10,520)-918,000 160,934 ------ ------ ------ ------ (584,644)(2,810)(10,520)-918,000 160,934 1,516,064 104,336 390,484 --- ------ 1,516,064 104,336 390,484 --- 931,420$ 101,526$ 379,964$ -$ 918,000$ 160,934$ Special Revenue Funds Public Education and Govt Fee Special Revenue Endowments Developer Contributions Donations V2 Pub Benefit Contribution Utility Tax Settlement 136 Page 763 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 REVENUES Taxes Intergovernmental Charges for services Use of money and property (investment loss) Fines and forfeitures Developer participation Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Community development Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) Revenues over Expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Issuance of debt Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Restatements Fund Balance (Deficit) - Beginning, as Restated Fund Balances (Deficit) - Ending (CONTINUED) -$ 432,425$ -$ -$ -$ -$ ------ ------ (1,147,222)(8,548)(15)--(30,108) ------ 4,333,475 ----- ------ 3,186,253 423,877 (15)--(30,108) -----239 ------ 9,420 ----- ------ ------ ------ 154,422 ----- 163,842 ----239 3,022,411 423,877 (15)--(30,347) ------ (21,814) (666,809)---- ------ (21,814) (666,809)---- 3,000,597 (242,932)(15)--(30,347) 40,192,036 (583,604)978 (4,460)54 1,130,709 ------ 40,192,036 (583,604)978 (4,460)54 1,130,709 43,192,633$ (826,536)$ 963$ (4,460)$ 54$ 1,100,362$ Capital Projects Funds Park Acquisition Development Industrial Development Authority Bicycle Facility Residential Construction Tax Highway Safety Assessment District Improvement 137 Page 764 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 REVENUES Taxes Intergovernmental Charges for services Use of money and property (investment loss) Fines and forfeitures Developer participation Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Community development Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) Revenues over Expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Issuance of debt Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Restatements Fund Balance (Deficit) - Beginning, as Restated Fund Balances (Deficit) - Ending -$ -$ -$ -$ -$ -$ -327,188 ---- ------ --25,505 700 -(2,994) ------ ------ -- 1,015,924 --18,431 -327,188 1,041,429 700 -15,437 --- 12,135,957 -21 ------ ------ --88,640 --- -570,830 396,721 --- --- 5,959,472 933,537 268,080 --- 9,025,190 195,853 34,289 -570,830 485,361 27,120,619 1,129,390 302,390 -(243,642)556,068 (27,119,919) (1,129,390)(286,953) --91,496 14,918,334 1,129,390 280,821 --(1,308)--- --- 12,194,805 -- --90,188 27,113,139 1,129,390 280,821 -(243,642)646,256 (6,780)-(6,132) 104 (402,866) 4,686,292 480,912 40,127 103,946 ------ 104 (402,866) 4,686,292 480,912 40,127 103,946 104$ (646,508)$ 5,332,548$ 474,132$ 40,127$ 97,814$ Capital Projects Funds City Debt Service Transportation Partnership Debt Service Funds Notes Payable Other Transportation Program Lease Payable Capital Projects Fund 138 Page 765 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES NON-MAJOR GOVERNMENTAL FUNDS FOR FISCAL YEAR ENDED JUNE 30, 2022 REVENUES Taxes Intergovernmental Charges for services Use of money and property (investment loss) Fines and forfeitures Developer participation Miscellaneous Total Revenues EXPENDITURES Current: General government Public safety Community development Public works Capital outlay Debt service: Principal retirement Interest and fiscal charges Total Expenditures Excess (Deficiency) Revenues over Expenditures OTHER FINANCING SOURCES (USES) Transfers in Transfers out Issuance of debt Total Other Financing Sources (Uses) Net Change in Fund Balances Fund Balances (Deficit) - Beginning Restatements Fund Balance (Deficit) - Beginning, as Restated Fund Balances (Deficit) - Ending Total Governmental Funds 432,425$ 16,297,620 19,839,903 (2,766,617) 532,121 5,333,475 3,160,689 42,829,616 13,865,180 34,446 981,067 14,446,064 5,579,991 7,161,089 9,409,754 51,477,591 (8,647,975) 16,844,632 (5,810,468) 12,194,805 23,228,969 14,580,994 109,417,625 52,316 109,469,941 124,050,935$ 139 Page 766 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BUDGETARY COMPARISON SCHEDULE BY EXPENDITURE CATEGORY GENERAL FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Personnel Supplies and Other Services Services Utilities Expenses Current: City council 1,209,089$29,584$688$-$ City clerk 914,923 510,858 451 - City attorney 2,493,717 211,281 858 - Administration 2,220,898 121,378 619 - Information technology 2,324,984 1,199,532 3,477 - Human resources 2,609,008 359,747 1,784 - Finance 3,448,461 1,495,585 1,743 1,511,716 Non-departmental 132,683 4,773,959 248,051 15,118,067 Board and commissions -129,501 -- Police 53,616,029 3,117,186 684,472 736,825 Fire 34,836,070 1,860,079 287,293 513,137 Animal care facilities 2,279,976 357,775 54,856 5,592 Economic development 1,215,160 81,267 1,409 - Development services 2,207,032 189,043 1,612 22,727 Parks and recreation 6,898,182 1,217,860 3,026,709 118,204 Public works 7,776,860 2,539,271 755,882 53,182 Engineering 7,017,191 345,116 1,190,366 70,300 Library 2,412,327 240,542 234,441 200,438 Capital outlay ---- Debt service: Principal retirement ---1,129,627 Interest and fiscal charges ---145,696 Transfers out ---- Total Expenditures 133,612,590$18,779,564$6,494,711$19,625,511$ 140 Page 767 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Variance with Final Budget Operating Internal Transfers Actual Final Positive Capital Service Out Amounts Budget (Negative) -$-$-$1,239,361$1,481,489$242,128$ --- 1,426,232 1,433,791 7,559 --- 2,705,856 2,752,403 46,547 --- 2,342,895 2,372,820 29,925 --- 3,527,993 3,659,848 131,855 --- 2,970,539 3,030,024 59,485 --- 6,457,505 6,916,782 459,277 --- 20,272,760 20,480,767 208,007 ---129,501 162,485 32,984 - 1,114,032 - 59,268,544 60,597,958 1,329,414 - 1,490,599 - 38,987,178 40,374,621 1,387,443 -45,603 - 2,743,802 2,854,049 110,247 --- 1,297,836 1,974,345 676,509 -12,249 - 2,432,663 5,950,696 3,518,033 -335,211 - 11,596,166 11,929,038 332,872 -563,969 - 11,689,164 11,761,378 72,214 -191,371 - 8,814,344 8,941,115 126,771 -3,180 - 3,090,928 3,281,981 191,053 21,561,030 -- 21,561,030 58,170,677 36,609,647 --- 1,129,627 1,146,901 17,274 ---145,696 147,003 1,307 -- 28,397,242 28,397,242 30,638,693 2,241,451 21,561,030$ 3,756,214$28,397,242$232,226,862$280,058,864$ 47,832,002$ 141 Page 768 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BUDGETARY COMPARISON SCHEDULE BY EXPENDITURE CATEGORY SUNDRY GRANTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Personnel Supplies and Other Services Services Utilities Expenses Current: Finance 916,000$ -$ -$ 783,529$ Police 6,117,126 914,608 -344,103 Fire 295,727 270,237 -44,669 Animal care facilities -20,228 -- Economic development 681,805 962,926 7,379 391,892 Development services -6,506 688 38,321,338 Public works ---- Library 12,487 12,448 -- Capital outlay ---- Transfers out ---- Total Expenditures 8,023,145$ 2,186,953$ 8,067$ 39,885,531$ 142 Page 769 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Variance with Final Budget Operating Internal Transfers Actual Final Positive Capital Service Out Amounts Budget (Negative) -$ -$ -$ 1,699,529$ 4,995,482$ 3,295,953$ - - - 7,375,837 10,074,622 2,698,785 ---610,633 627,024 16,391 ---20,228 61,120 40,892 -14,545 - 2,058,547 6,314,560 4,256,013 --- 38,328,532 51,091,660 12,763,128 ---- 1,600,000 1,600,000 ---24,935 66,337 41,402 1,369,964 -- 1,369,964 26,304,909 24,934,945 -- 4,683,394 4,683,394 16,546,856 11,863,462 1,369,964$ 14,545$ 4,683,394$ 56,171,599$ 117,682,570$ 61,510,971$ 143 Page 770 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA BUDGETARY COMPARISON SCHEDULE BY EXPENDITURE CATEGORY HOUSING SUCCESSOR AGENCY FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Personnel Supplies and Other Services Services Utilities Expenses Current: Development services -$ 1,190$ -$ 6,037$ Transfers out ---- Total Expenditures -$ 1,190$ -$ 6,037$ 144 Page 771 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Variance with Final Budget Operating Internal Transfers Actual Final Positive Capital Service Out Amounts Budget (Negative) -$ -$ -$ 7,227$ 2,072,401$ 2,065,174$ - - 6,269 6,269 6,269 - -$ -$ 6,269$ 13,496$ 2,078,670$ 2,065,174$ 145 Page 772 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL TRANSPORTATION GAS TAXES FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental 12,094,824$ 12,094,824$ 12,048,633$ (46,191)$ Use of money and property (investment loss)-- (431,783)(431,783) Total Revenues 12,094,824 12,094,824 11,616,850 (477,974) Expenditures: Current: Public works 259,656 250,100 239,411 10,689 Capital outlay - 18,033,565 1,660,694 16,372,871 Total Expenditures 259,656 18,283,665 1,900,105 16,383,560 Excess (Deficiency) Revenues over Expenditures 11,835,168 (6,188,841) 9,716,745 15,905,586 Other Financing Sources (Uses): Transfers in -3,348 4,000 652 Transfers out (12,158,255) (4,431,938) (4,092,971)338,967 Total Other Financing Sources (Uses)(12,158,255) (4,428,590) (4,088,971) 339,619 Net Change in Fund Balances (323,087)$ (10,617,431)$ 5,627,774 16,245,205$ Fund Balances - Beginning 13,054,468 Fund Balances - Ending 18,682,242$ 146 Page 773 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL PARKING METER FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Licenses and permits 25,000$ 25,000$ -$ (25,000)$ Use of money and property 365,000 365,000 370,934 5,934 Fines and forfeitures 200,000 205,649 267,274 61,625 Total Revenues 590,000 595,649 638,208 42,559 Expenditures: Current: General government 572,270 644,925 651,605 (6,680) Capital outlay -99,354 59,047 40,307 Total Expenditures 572,270 744,279 710,652 33,627 Excess (Deficiency) of Revenues Over (Under) Expenditures 17,730 (148,630) (72,444)76,186 Other Financing Sources (Uses): Transfers out (961)(961)(961)- Total Other Financing Sources (Uses)(961)(961)(961)- Net Change in Fund Balances 16,769$ (149,591)$ (73,405)76,186$ Fund Balances - Beginning 1,396,045 Fund Balances - Ending 1,322,640$ 147 Page 774 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL TRAFFIC SAFETY FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property (investment loss)-$ -$ (10,540)$ (10,540)$ Fines and forfeitures 437,640 437,640 264,647 (172,993) Total Revenues 437,640 437,640 254,107 (183,533) Expenditures: Current: Public safety 138,500 169,161 34,446 134,715 Total Expenditures 138,500 169,161 34,446 134,715 Deficiency of Revenues over Expenditures 299,140 268,479 219,661 (48,818) Other Financing Sources (Uses): Transfers in --124,557 124,557 Transfers out (399,140) (399,140) (399,140)- Total Other Financing Sources (Uses)(399,140) (399,140) (274,583)124,557 Net Change in Fund Balances (100,000)$ (130,661)$ (54,922)75,739$ Fund Balances - Beginning 52,884 Fund Balances - Ending (2,038)$ 148 Page 775 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL STORM DRAIN FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Charges for services 585,000$ 585,000$ 624,691$ 39,691$ Use of money and property (investment loss)--(56,870)(56,870) Fines and forfeitures 5,000 5,000 200 (4,800) Total Revenues 590,000 590,000 568,021 (21,979) Expenditures: Current: Public works 348,940 498,015 151,996 346,019 Total Expenditures 348,940 498,015 151,996 346,019 Net Change in Fund Balances 241,060$ 91,985$ 416,025 324,040$ Fund Balances - Beginning, Originally Reported 1,874,856 Restatements 52,316 Fund Balances - Beginning, as Restated 1,927,172 Fund Balances - Ending 2,343,197$ 149 Page 776 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL TOWN CENTER I FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Charges for services -$ -$ 75,076$ 75,076$ Use of money and property (investment loss)--(5,454)(5,454) Total Revenues - - 69,622 69,622 Expenditures: Current: Public works --44(44) Capital outlay -10,120 -10,120 Total Expenditures -10,120 44 10,076 Net Change in Fund Balances -$ (10,120)$ 69,578 79,698$ Fund Balances - Beginning 164,567 Fund Balances - Ending 234,145$ 150 Page 777 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL OPEN SPACE DISTRICTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Charges for services 18,629,351$ 18,818,287$ 19,080,180$ 261,893$ Use of money and property (investment loss)-2,971 (1,295,764)(1,298,735) Other revenues -35,039 262,550 227,511 Total Revenues 18,629,351 18,856,297 18,046,966 (809,331) Expenditures: Current: Public works 17,634,126 18,215,757 13,965,973 4,249,784 Capital outlay -400 -400 Total Expenditures 17,634,126 18,216,157 13,965,973 4,250,184 Excess Revenues over Expenditures 995,225 640,140 4,080,993 3,440,853 Other Financing Sources (Uses): Transfers in 486,716 486,716 281,034 (205,682) Transfers out (249,914) (258,531) (258,531)- Total Other Financing Sources (Uses)236,802 228,185 22,503 (205,682) Net Change in Fund Balances 1,232,027$ 868,325$ 4,103,496 3,235,171$ Fund Balances - Beginning 40,313,756 Fund Balances - Ending 44,417,252$ 151 Page 778 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL HOUSING PROGRAMS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental 100,000$ 100,000$ -$ (100,000)$ Other revenues --33,310 33,310 Total Revenues 100,000 100,000 33,310 (66,690) Expenditures: Current: City administration 100,000 938,124 20,007 918,117 Total Expenditures 100,000 938,124 20,007 918,117 Net Change in Fund Balances -$ (838,124)$ 13,303 851,427$ Fund Balances - Beginning 142,639 Fund Balances - Ending 155,942$ 152 Page 779 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL HOUSING AUTHORITY FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Charges for services -$ -$ 59,956$ 59,956$ Use of money and property (investment loss)-- (173,907)(173,907) Other revenues 795,323 795,323 1,173,399 378,076 Total Revenues 795,323 795,323 1,059,448 264,125 Expenditures: Current: City administration 1,847,268 1,812,630 920,752 891,878 Total Expenditures 1,847,268 1,812,630 920,752 891,878 Excess (Deficiency) Revenues over Expenditures (1,051,945) (1,017,307) 138,696 1,156,003 Other Financing Sources (Uses): Transfers in -6,696 15,000 8,304 Transfers out (2,500) (368,948) (368,934)14 Total Other Financing Sources (Uses)(2,500) (362,252) (353,934)8,318 Net Change in Fund Balances (1,054,445)$ (1,379,559)$ (215,238) 1,164,321$ Fund Balances - Beginning 6,108,540 Fund Balances - Ending 5,893,302$ 153 Page 780 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL TRANSPORTATION SALES TAX FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental 6,673,500$ 6,673,500$ 3,921,799$ (2,751,701)$ Use of money and property --12,675 12,675 Total Revenues 6,673,500 6,673,500 3,934,474 (2,739,026) Expenditures: Capital outlay 7,204,500 15,039,638 2,839,348 12,200,290 Total Expenditures 7,204,500 15,039,638 2,839,348 12,200,290 Net Change in Fund Balances (531,000)$ (8,366,138)$ 1,095,126 9,461,264$ Fund Balances (Deficit) - Beginning (1,592,850) Fund Balances (Deficit) - Ending (497,724)$ 154 Page 781 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL MOBILE PARK FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Other revenues 65,000$ 65,000$ 32,180$ (32,820)$ Total Revenues 65,000 65,000 32,180 (32,820) Expenditures: Current: Community development 65,000 66,453 30,888 35,565 Total Expenditures 65,000 66,453 30,888 35,565 Net Change in Fund Balances -$ (1,453)$ 1,292 2,745$ Fund Balances - Beginning 247,608 Fund Balances - Ending 248,900$ 155 Page 782 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL PUBLIC EDUCATION AND GOVT FEE FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental -$ 480,000$ -$ (480,000)$ Other revenues 540,000 540,000 463,961 (76,039) Total Revenues 540,000 1,020,000 463,961 (556,039) Expenditures: Current: General government 270,000 1,455,014 995,254 459,760 Capital outlay 270,000 37,220 53,351 (16,131) Total Expenditures 540,000 1,492,234 1,048,605 443,629 Net Change in Fund Balances -$ (472,234)$ (584,644) (112,410)$ Fund Balances - Beginning 1,516,064 Fund Balances - Ending 931,420$ 156 Page 783 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL UTILITY TAX SETTLEMENT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property -$ 22$ (2,788)$ (2,810)$ Total Revenues -22 (2,788)(2,810) Expenditures: Current: General government -22 22 - Total Expenditures -22 22 - Net Change in Fund Balances -$ -$ (2,810)(2,810)$ Fund Balances - Beginning 104,336 Fund Balances - Ending 101,526$ 157 Page 784 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL V2 PUB BENEFIT CONTRIBUTION FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property -$ 82$ (10,438)$ (10,520)$ Total Revenues -82 (10,438)(10,520) Expenditures: Current: General government -82 82 - Total Expenditures -82 82 - Net Change in Fund Balances -$ -$ (10,520)(10,520)$ Fund Balances - Beginning 390,484 Fund Balances - Ending 379,964$ 158 Page 785 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL SPECIAL REVENUE ENDOWMENTS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Expenditures: Current: City administration 70,921$ 208,977$ -$ 208,977$ Total Expenditures 70,921 208,977 -208,977 Excess (Deficiency) of Revenues Over (Under) Expenditures (70,921) (208,977) -208,977 Other Financing Sources (Uses): Transfers out -(921)-921 Total Other Financing Sources (Uses)-(921)-921 Net Change in Fund Balances (70,921)$ (209,898)$ -209,898$ Fund Balances - Beginning - Fund Balances - Ending -$ 159 Page 786 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL DEVELOPER CONTRIBUTIONS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Developer participation -$ 93,025$ 1,000,000$ 906,975$ Total Revenues - 93,025 1,000,000 906,975 Expenditures: Current: General government - 1,000,000 82,000 918,000 Total Expenditures - 1,000,000 82,000 918,000 Net Change in Fund Balances -$ (906,975)$ 918,000 1,824,975$ Fund Balances - Beginning - Fund Balances - Ending 918,000$ 160 Page 787 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL DONATIONS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Other revenues -$ 160,934$ 160,934$ -$ Total Revenues - 160,934 160,934 - Expenditures: Current: Public safety - 160,934 -160,934 Total Expenditures - 160,934 -160,934 Net Change in Fund Balances -$ -$ 160,934 160,934$ Fund Balances - Beginning - Fund Balances - Ending 160,934$ 161 Page 788 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL PARK ACQUISITION DEVELOPMENT FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property (investment loss)200,000$ 200,000$ (1,147,222)$ (1,347,222)$ Developer participation 350,000 350,000 4,333,475 3,983,475 Total Revenues 550,000 550,000 3,186,253 2,636,253 Expenditures: Current: City administration 250,000 610,000 9,420 600,580 Capital outlay 867,706 1,390,060 -1,390,060 Debt service: Interest and fiscal charges -200,000 154,422 45,578 Total Expenditures 1,117,706 2,200,060 163,842 2,036,218 Excess (Deficiency) Revenues over Expenditures (567,706) (1,650,060) 3,022,411 4,672,471 Other Financing Sources (Uses): Transfers in 50,000 50,000 -(50,000) Transfers out (111,149)(71,814)(21,814)50,000 Total Other Financing Sources (Uses)(61,149)(21,814)(21,814)- Net Change in Fund Balances (628,855)$ (1,671,874)$ 3,000,597 4,672,471$ Fund Balances - Beginning 40,192,036 Fund Balances - Ending 43,192,633$ 162 Page 789 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL RESIDENTIAL CONSTRUCTION TAX FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Taxes 325,505$ 325,505$ 432,425$ 106,920$ Use of money and property (investment loss)--(8,548)(8,548) Total Revenues 325,505 325,505 423,877 98,372 Excess Revenues over Expenditures 325,505 325,505 423,877 98,372 Other Financing Uses: Transfers out (667,095) (667,095) (666,809)286 Total Other Financing Sources (Uses)(667,095) (667,095) (666,809)286 Net Change in Fund Balances (341,590)$ (341,590)$ (242,932)98,658$ Fund Balances - Beginning (583,604) Fund Balances - Ending (826,536)$ 163 Page 790 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL DEVELOPMENT IMPACT FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Charges for services 250,000$ 250,000$ 601,571$ 351,571$ Use of money and property (investment loss)180,000 180,000 (2,299,088)(2,479,088) Developer participation 13,672,000 13,672,000 19,152,074 5,480,074 Total Revenues 14,102,000 14,102,000 17,454,557 3,352,557 Expenditures: Current: City administration 7,617,785 1,562,840 664,786 898,054 Capital outlay 275,057 10,600,080 1,415,734 9,184,346 Debt service: Principal retirement 51,000 126,488 65,488 61,000 Interest and fiscal charges 126,488 398,995 158,522 240,473 Total Expenditures 8,070,330 12,688,403 2,304,530 10,383,873 Excess (Deficiency) of Revenues Over (Under) Expenditures 6,031,670 1,413,597 15,150,027 13,736,430 Other Financing Uses: Transfers out (176,250) (5,218,847) (5,217,860)987 Total Other Financing Sources (Uses)(176,250) (5,218,847) (5,217,860)987 Net Change in Fund Balances 5,855,420$ (3,805,250)$ 9,932,167 13,737,417$ Fund Balances - Beginning 62,397,262 Fund Balances - Ending 72,329,429$ 164 Page 791 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL OTHER TRANSPORTATION PROGRAM FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Intergovernmental 227,500$ 847,210$ 327,188$(520,022)$ Total Revenues 227,500 847,210 327,188 (520,022) Expenditures: Capital outlay 227,500 5,686,488 570,830 5,115,658 Total Expenditures 227,500 5,686,488 570,830 5,115,658 Net Change in Fund Balances -$(4,839,278)$(243,642) 4,595,636$ Fund Balances - Beginning (402,866) Fund Balances - Ending (646,508)$ 165 Page 792 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL CAPITAL PROJECTS FUND FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property -$ -$ 25,505$ 25,505$ Other revenues - 2,484,000 1,015,924 (1,468,076) Total Revenues - 2,484,000 1,041,429 (1,442,571) Expenditures: Current: Public works -230,752 88,640 142,112 Capital outlay - 20,512,455 396,721 20,115,734 Total Expenditures - 20,743,207 485,361 20,257,846 Excess (Deficiency) of Revenues Over (Under) Expenditures - (18,259,207)556,068 18,815,275 Other Financing Sources (Uses): Transfers in - 10,441,683 91,496 (10,350,187) Transfers out (1,308)(1,308)(1,308)- Total Other Financing Sources (Uses)(1,308) 10,440,375 90,188 (10,350,187) Net Change in Fund Balances (1,308)$ (7,818,832)$ 646,256 8,465,088$ Fund Balances - Beginning 4,686,292 Fund Balances - Ending 5,332,548$ 166 Page 793 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL NOTES PAYABLE FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Other revenues 258,000$ 258,000$ -$ (258,000)$ Total Revenues 258,000 258,000 - (258,000) Expenditures: Debt service: Principal retirement 31,745 940,555 933,537 7,018 Interest and fiscal charges 1,104,649 195,839 195,853 (14) Total Expenditures 1,136,394 1,136,394 1,129,390 7,004 Deficiency Revenues over Expenditures (878,394) (878,394) (1,129,390) (250,996) Other Financing Sources: Transfers in 1,136,393 1,136,393 1,129,390 (7,003) Total Other Financing Sources 1,136,393 1,136,393 1,129,390 (7,003) Net Change in Fund Balances 257,999$ 257,999$ - (257,999)$ Fund Balances - Beginning 40,127 Fund Balances - Ending 40,127$ 167 Page 794 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL LEASE PAYABLE FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property (loss on investments)-$ -$ (2,994)$ (2,994)$ Other revenues 18,300 18,300 18,431 131 Total Revenues 18,300 18,300 15,437 (2,863) Expenditures: Current: General government --21 (21) Debt service: Principal retirement 56,529 465,622 268,080 197,542 Interest and fiscal charges 490,242 81,979 34,289 47,690 Total Expenditures 546,771 547,601 302,390 245,211 Deficiency Revenues over Expenditures (528,471) (529,301) (286,953) 242,348 Other Financing Sources: Transfers in 284,071 284,071 280,821 (3,250) Total Other Financing Sources 284,071 284,071 280,821 (3,250) Net Change in Fund Balances (244,400)$ (245,230)$ (6,132) 239,098$ Fund Balances - Beginning 103,946 Fund Balances - Ending 97,814$ 168 Page 795 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL CITY DEBT SERVICE FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property -$ -$ 700$ 700$ Total Revenues - - 700 700 Expenditures: Current: General government - 10,833,455 12,135,957 (1,302,502) Debt service: Principal retirement - 6,505,000 5,959,472 545,528 Interest and fiscal charges 16,287,164 9,782,164 9,025,190 756,974 Total Expenditures 16,287,164 27,120,619 27,120,619 - Deficiency Revenues over Expenditures (16,287,164) (27,120,619) (27,119,919) 700 Other Financing Sources: Transfers in 16,287,164 16,287,164 14,918,334 (1,368,830) Proceeds from issuance of debt - 10,833,455 12,194,805 1,361,350 Total Other Financing Sources 16,287,164 27,120,619 27,113,139 (7,480) Net Change in Fund Balances -$ -$ (6,780) (6,780)$ Fund Balances - Beginning 480,912 Restatements - Fund Balances - Beginning, as Restated 480,912 Fund Balances - Ending 474,132$ 169 Page 796 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL PUBLIC FINANCING AUTHORITY FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property -$ -$ 543,864$ 543,864$ Total Revenues --543,864 543,864 Expenditures: Current: General government 955,688 21,278 12,000 9,278 Debt service: Principal retirement 10,002 4,045,002 4,045,000 2 Interest and fiscal charges 5,856,711 2,762,397 2,762,395 2 Total Expenditures 6,822,401 6,828,677 6,819,395 9,282 Deficiency of Revenues over Expenditures (6,822,401) (6,828,677) (6,275,531) 553,146 Other Financing Sources: Transfers in 6,822,401 6,822,401 6,821,313 (1,088) Total Other Financing Sources 6,822,401 6,822,401 6,821,313 (1,088) Net Change in Fund Balances -$ (6,276)$ 545,782 552,058$ Fund Balances - Beginning 5,337,958 Fund Balances - Ending 5,883,740$ 170 Page 797 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA SCHEDULE OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL MUNICIPAL FINANCING AUTHORITY FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Variance with Final Budget Budget Amounts Actual Positive Original Final Amounts (Negative) Revenues: Use of money and property -$ -$ 1,045$ 1,045$ Other revenues 315,200 286,968 314,851 27,883 Total Revenues 315,200 286,968 315,896 28,928 Expenditures: Current: General government 494,849 25,969 22,270 3,699 Debt service: Principal retirement 414 7,790,000 7,790,000 - Interest and fiscal charges 2,320,576 3,150,088 3,150,088 - Total Expenditures 2,815,839 10,966,057 10,962,358 3,699 Deficiency of Revenues over Expenditures (2,500,639) (10,679,089)(10,646,462)32,627 Other Financing Sources (Uses): Transfers in 2,500,639 10,675,089 10,645,196 (29,893) Total Other Financing Sources (Uses)2,500,639 10,675,089 10,645,196 (29,893) Net Change in Fund Balances -$ (4,000)$ (1,266)2,734$ Fund Balances - Beginning - Fund Balances - Ending (1,266)$ 171 Page 798 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 172 Page 799 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF NET POSITION NON-MAJOR PROPRIETARY FUNDS JUNE 30, 2022 Totals ASSETS Current Assets: Cash and investments 88,391$ 86,886$ 166,963$ 845,574$ -$1,187,814$ Cash with fiscal agent - - 749,208 14,816 -764,024 Receivables: Accounts receivable --354 12,003,588 -12,003,942 Accrued interest 371 377 -6,619 -7,367 Prepaid costs --4,959 --4,959 Inventories --82,756 --82,756 Total Current Assets 88,762 87,263 1,004,240 12,870,597 -14,050,862 Noncurrent Assets: Capital assets: Land --598,659 --598,659 Buildings and structures --727,553 --727,553 Machinery and equipment -42,304 117,382 4,386,250 -4,545,936 Less accumulated depreciation -(28,957)(596,377) (1,327,125)-(1,952,459) Total Noncurrent Assets -13,347 847,217 3,059,125 -3,919,689 Total Assets 88,762 100,610 1,851,457 15,929,722 -17,970,551 Deferred Outflows of Resources: OPEB related ---353,040 -353,040 Total Deferred Outflows of Resources ---353,040 -353,040 LIABILITIES Current Liabilities: Accounts payable --157,987 296,689 620 455,296 Accrued liabilities --37,260 252,250 -289,510 Accrued interest ---15,143 -15,143 Due to other funds -- --178178 Bonds, notes, and leases ---894,038 -894,038 Total Current Liabilities --195,247 1,458,120 798 1,654,165 Noncurrent: Advances from other funds ---2,783,149 -2,783,149 Accrued compensated absences --24,499 --24,499 Net OPEB liability ---1,202,280 -1,202,280 Bonds, notes, and leases ---2,736,251 -2,736,251 Total Noncurrent Liabilities --24,499 6,721,680 -6,746,179 Total Liabilities --219,746 8,179,800 798 8,400,344 Deferred Inflows of Resources: OPEB related ---132,627 -132,627 Total Deferred Inflows of Resources ---132,627 -132,627 NET POSITION (DEFICIT) Net investment in capital assets -13,347 847,217 3,059,125 -3,919,689 Unrestricted (deficit)88,762 87,263 784,494 4,911,210 (798)5,870,931 Total Net Position (Deficit)88,762$ 100,610$ 1,631,711$ 7,970,335$ (798)$9,790,620$ Living Coast Discovery Center Business-Type Activities - Enterprise Funds Bayfront Trolley Station Transit Fund Chula Vista Muni Golf Course Transport Enterprise 173 Page 800 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION NON-MAJOR PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Totals OPERATING REVENUES Sales and service charges -$ -$ 3,300,593$ 19,980,980$ -$ 23,281,573$ Total Operating Revenues -- 3,300,593 19,980,980 - 23,281,573 OPERATING EXPENSES Administration and general 19 39 2,934,163 11,044,957 118,750 14,097,928 Depreciation expense -8,461 48,326 868,428 -925,215 Total Operating Expenses 19 8,500 2,982,489 11,913,385 118,750 15,023,143 Operating Income (Loss)(19)(8,500)318,104 8,067,595 (118,750)8,258,430 NONOPERATING REVENUES (EXPENSES) Loss on investments (2,438)(6,315)-(35,683)(798)(45,234) Interest expense ---(92,962)-(92,962) Total Nonoperating Revenues (Expenses)(2,438)(6,315)-(128,645)(798) (138,196) Income (Loss) Before Transfers (2,457)(14,815)318,104 7,938,950 (119,548)8,120,234 Transfers in --209,000 106,000 118,750 433,750 Transfers out --- (2,893,243)-(2,893,243) Change in Net Position (2,457)(14,815)527,104 5,151,707 (798)5,660,741 NET POSITION - BEGINNING 91,219 115,425 27,881 2,818,628 -3,053,153 Restatements -- 1,076,726 --1,076,726 Beginning of Fiscal Year, as Restated 91,219 115,425 1,104,607 2,818,628 -4,129,879 NET POSITION (DEFICIT) - ENDING 88,762$ 100,610$ 1,631,711$ 7,970,335$ (798)$ 9,790,620$ Living Coast Discovery Center Business-Type Activities - Enterprise Funds Bayfront Trolley Station Transit Fund Chula Vista Muni Golf Course Transport Enterprise 174 Page 801 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF CASH FLOWS NON-MAJOR PROPRIETARY FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Totals Cash Flows from Operating Activities: Cash received from customers and users -$ -$ 3,300,239$ 14,234,464$ -$ 17,534,703$ Cash paid to suppliers for goods and services (19)(39)(87,715) (4,800,424) (129,069)(5,017,266) Cash paid to employees for services -- (2,872,404) (4,984,246)-(7,856,650) Cash received from (payments to) others --339,170 --339,170 Net Cash Provided by (Used for) Operating Activities (19)(39)679,290 4,449,794 (129,069) 4,999,957 Cash Flows from Non-Capital Financing Activities: Cash received from interfund borrowings ----178178 Cash transfers in --209,000 106,000 118,750 433,750 Cash transfers out --- (2,893,243)-(2,893,243) Repayment made to other funds ---(446,244)-(446,244) Net Cash Provided by (Used for) Non-Capital Financing Activities --209,000 (3,233,487)118,928 (2,905,559) Cash Flows from Capital and Related Financing Activities: Principal paid on capital debt ---(862,811)-(862,811) Interest paid on capital debt ---(119,057)-(119,057) Net Cash Used for Capital and Related Financing Activities ---(981,868)-(981,868) Cash Flows from Investing Activities: Investment loss (2,809)(6,693)-(42,302)(798)(52,602) Net Cash Used for Investing Activities (2,809)(6,693)-(42,302)(798)(52,602) Net Increase (Decrease) in Cash and Cash Equivalents (2,828)(6,732)888,290 192,137 (10,939)1,059,928 Cash and Cash Equivalents - July 1 91,219 93,618 27,881 668,253 10,939 891,910 Cash and Cash Equivalents - June 30 88,391$ 86,886$ 916,171$ 860,390$ -$ 1,951,838$ Reconciliation of Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities: Operating income (loss)(19)$ (8,500)$ 318,104$ 8,067,595$ (118,750)$ 8,258,430$ Adjustments to Reconcile Operating Income (Loss) to Net Cash Provided by (Used for) Operating Activities: Depreciation -8,461 48,326 868,428 -925,215 Restatement of beginning net position --181,183 --181,183 Increase in accounts receivable --(354) (5,746,516)-(5,746,870) Increase in prepaid expense and inventories --(87,715)--(87,715) Increase in deferred outflows from OPEB ---(353,040)-(353,040) Increase (decrease) in accounts payable --157,987 216,145 (10,319)363,813 Increase in accrued liabilities --37,260 62,275 -99,535 Increase in compensated absences --24,499 --24,499 Increase in net OPEB liability --- 1,202,280 -1,202,280 Increase in deferred inflows from OPEB ---132,627 -132,627 Total Adjustments -8,461 361,186 (3,617,801)(10,319)(3,258,473) Net Cash Provided by (Used for) Operating Activities (19)$ (39)$ 679,290$ 4,449,794$ (129,069)$ 4,999,957$ Non-Cash Investing, Capital, and Financing Activities: Unrealized gain/(loss) on investments (3,464)$ (8,389)$ -$ (46,054)$ -$ (57,907)$ Business-Type Activities - Enterprise Funds Bayfront Trolley Station Transit Fund Chula Vista Muni Golf Course Living Coast Discovery Center Transport Enterprise 175 Page 802 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 176 Page 803 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF NET POSITION INTERNAL SERVICE FUNDS JUNE 30, 2022 Totals Assets: Current Assets: Cash and investments 3,302,050$ 2,650$ 8,736,624$ 12,041,324$ Receivables: Accounts receivable 39,975 - -39,975 Accrued interest 4,648 --4,648 Prepaid costs 2,818 - -2,818 Total Current Assets 3,349,491 2,650 8,736,624 12,088,765 Noncurrent Assets: Net pension asset 1,682,469 --1,682,469 Capital assets: Machinery and equipment 5,583,602 --5,583,602 Less accumulated depreciation (5,137,762)--(5,137,762) Total Noncurrent Assets 2,128,309 --2,128,309 Total Assets 5,477,800 2,650 8,736,624 14,217,074 Deferred Outflows of Resources: Pension deferrals 98,181 --98,181 OPEB deferrals 67,892 --67,892 Total Deferred Outflows of Resources 166,073 --166,073 Liabilities: Current Liabilities: Accounts payable 502,926 -40,750 543,676 Accrued liabilities 44,010 - -44,010 Accrued interest 3,322 --3,322 Accrued compensated absences 62,085 --62,085 Bonds, notes, and leases 48,024 --48,024 Total Current Liabilities 660,367 -40,750 701,117 Noncurrent Liabilities: Accrued compensated absences 29,000 --29,000 Total other post-employment benefits liability 231,208 --231,208 Bonds, notes, and leases 1,827,709 --1,827,709 Total Noncurrent Liabilities 2,087,917 --2,087,917 Total Liabilities 2,748,284 -40,750 2,789,034 Deferred Inflows of Resources: Pension deferrals 1,153,268 --1,153,268 OPEB deferrals 25,505 --25,505 Total Deferred Inflows of Resources 1,178,773 -- 1,178,773 Net Position: Invested in capital assets 445,840 --445,840 Unrestricted 1,270,976 2,650 8,695,874 9,969,500 Total Net Position 1,716,816$ 2,650$ 8,695,874$ 10,415,340$ Fleet Management Technology Replacement Workers Compensation Governmental Activities - Internal Service Funds 177 Page 804 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION INTERNAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Totals Operating Revenues: Interdepartmental charges 4,622,447$ -$ 4,679,723$ 9,302,170$ Other 398,580 -168,274 566,854 Total Operating Revenues 5,021,027 - 4,847,997 9,869,024 Operating Expenses: Administration and general 3,419,404 - 3,751,890 7,171,294 Depreciation expense 74,909 --74,909 Total Operating Expenses 3,494,313 - 3,751,890 7,246,203 Operating income 1,526,714 - 1,096,107 2,622,821 Nonoperating Revenues (Expenses): Loss on investments (14,093)--(14,093) Interest expense (34,317)--(34,317) Gain on disposal of capital assets 192,543 --192,543 Total Nonoperating Revenues (Expenses)144,133 --144,133 Income Before Transfers 1,670,847 - 1,096,107 2,766,954 Transfers in 257,982 --257,982 Transfers out (90,452)--(90,452) Change in Net Position 1,838,377 - 1,096,107 2,934,484 Net Position - Beginning (121,561)2,650 7,599,767 7,480,856 Net Position - Ending 1,716,816$ 2,650$ 8,695,874$ 10,415,340$ Fleet Management Technology Replacement Workers Compensation Governmental Activities - Internal Service Funds 178 Page 805 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF CASH FLOWS INTERNAL SERVICE FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 Totals Cash Flows from Operating Activities: Cash received from interfund service provided 5,017,447$ -$ 4,847,997$ 9,865,444$ Cash paid to suppliers for goods and services (2,157,918)- (3,796,267)(5,954,185) Cash paid to employees for services (1,424,197)--(1,424,197) Net Cash Provided by Operating Activities 1,435,332 - 1,051,730 2,487,062 Cash Flows from Non-Capital Financing Activities: Repayment of pension bonds (920,291)--(920,291) Cash transfers in 257,982 --257,982 Cash transfers out (90,452)--(90,452) Interest paid on pension bonds (48,076)--(48,076) Net Cash Used for Non-Capital Financing Activities (800,837)--(800,837) Cash Flows from Capital and Related Financing Activities: Proceeds from sales of capital assets 192,543 --192,543 Acquisition and construction of capital assets (203,900)--(203,900) Net Cash Used for Capital and Related Financing Activities (11,357)--(11,357) Cash Flows from Investing Activities: Interest payments (18,741) - -(18,741) #Net Cash Used for Investing Activities (18,741)--(18,741) Net Increase in Cash and Cash Equivalents 604,397 - 1,051,730 1,656,127 Cash and Cash Equivalents - July 1 2,697,653 2,650 7,684,894 10,385,197 Cash and Cash Equivalents - June 30 3,302,050$ 2,650$ 8,736,624$ 12,041,324$ Reconciliation of Cash and Cash Equivalents to the Amounts Reported on the Statement of Net Position Cash and investments 3,302,050$ 2,650$ 8,736,624$ 12,041,324$ Total Cash and Cash Equivalents reported on the Statement of Net Position 3,302,050$ 2,650$ 8,736,624$ 12,041,324$ Reconciliation of Operating Income to Net Cash Provided by Operating Activities: Operating income 1,526,714$ -$ 1,096,107$ 2,622,821$ Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities: Depreciation 74,909 --74,909 (Increase) decrease in accounts receivable 1,484 --1,484 (Increase) decrease in prepaid costs (3,580)--(3,580) (Increase) decrease in deferred outflows from pensions 2,877,576 --2,877,576 (Increase) decrease in deferred outflows from OPEB (21,124)--(21,124) Increase (decrease) in accounts payable 210,725 -(44,377)166,348 Increase (decrease) in accrued liabilities 2,265 --2,265 Increase (decrease) in compensated absences 38,959 --38,959 Increase (decrease) in net pension liability (4,496,692)--(4,496,692) Increase (decrease) in total OPEB liability 46,746 --46,746 Increase (decrease) in total OPEB inflows 25,505 --25,505 Increase (decrease) in total pension inflows 1,151,845 --1,151,845 Total Adjustments (91,382)-(44,377)(135,759) Net Cash Provided by Operating Activities 1,435,332$ -$ 1,051,730$ 2,487,062$ Non-Cash Investing, Capital, and Financing Activities: No non-cash Investing, Capital and Financing Activities. Gain on disposition of capital assets 192,543$ -$ -$ 192,543$ Governmental Activities - Internal Service Funds Fleet Management Technology Replacement Workers Compensation 179 Page 806 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF FIDUCIARY NET POSITION CUSTODIAL FUNDS JUNE 30, 2022 ASSETS Cash and cash equivalents 8,150,205$ 160,867$ -$ 8,311,072$ Cash and cash equivalents held with fiscal agents 35,335,789 - 45,879,388 81,215,177 Receivables: Accounts 171,184 -707,032 878,216 Taxes -75,160 -75,160 Accrued interest 34,183 444 -34,627 Long-term loans - - 47,202,668 47,202,668 Advances to other funds - 47,202,668 -47,202,668 Capital assets, not being depreciated -- 27,796,396 27,796,396 Total Assets 43,691,361 47,439,139 121,585,484 212,715,984 LIABILITIES Accounts payable 22,643 263 81,462 104,368 Accrued interest 2,073,637 1,735 -2,075,372 Long-term liabilities: Bonds payable - - 47,202,668 47,202,668 Loans payable - 47,202,668 -47,202,668 Total Liabilities 2,096,280 47,204,666 47,284,130 96,585,076 DEFERRED INFLOWS OF RESOURCES Related to loans -- 47,202,668 47,202,668 Total Deferred Inflows of Resources -- 47,202,668 47,202,668 NET POSITION (DEFICIT) Restricted: Individuals, organizations, and other governments 41,595,081 234,473 27,098,686 68,928,240 Total Net Position (Deficit)41,595,081$ 234,473$ 27,098,686$ 68,928,240$ Bayfront Special Tax District CV Bayfront Facilities Financing Authority Total Special Assessment Districts 180 Page 807 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CITY OF CHULA VISTA COMBINING STATEMENT OF CHANGES IN FIDUCIARY NET POSITION CUSTODIAL FUNDS FOR THE FISCAL YEAR ENDED JUNE 30, 2022 ADDITIONS Investment Earnings: Net decrease in fair value of investments (29,133)$ (5,230)$ -$ (34,363)$ Interest, dividends, and other - 5,264 38,459 43,723 Net Investment Earnings (29,133)34 38,459 9,360 Special assessments 14,454,796 609,104 -15,063,900 Contributions from other governments -- 46,405,267 46,405,267 Miscellaneous 1,500 --1,500 Total Additions 14,427,163 609,138 46,443,726 61,480,027 DEDUCTIONS Administrative expenses 1,841 286 166,699 168,826 Contractual services 328,692 587,660 2,897,962 3,814,314 Debt service and fiscal agent charges 6,361,171 1,735 9,380,087 15,742,993 Payments to other organizations -- 6,900,292 6,900,292 Total Deductions 6,691,704 589,681 19,345,040 26,626,425 Net Increase in Fiduciary Net Position 7,735,459 19,457 27,098,686 34,853,602 NET POSITION - BEGINNING (104,656,790)215,016 3,758,498 (100,683,276) Restatements 138,516,412 - (3,758,498)134,757,914 Net Position - Beginning, as restated 33,859,622 215,016 -34,074,638 NET POSITION - ENDING 41,595,081$ 234,473$ 27,098,686$ 68,928,240$ Special Assessment Districts Bayfront Special Tax District CV Bayfront Facilities Financing Authority Total 181 Page 808 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 182 Page 809 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda This part of the City of Chula Vista's annual comprehensive financial report presents detailed information as a context for understanding what the information in the financial statements, note disclosures, and required supplementary information says about the city's overall financial health. Page No. Financial Trends 185-188 These schedules contain information to help the reader understand how the city's financial performance and well-being have changed over time. Revenue Capacity 189-192 These schedules contain information to help the reader assess the factors affecting the city's ability to generate its property and sales taxes. Debt Capacity 193-196 These schedules present information to help the reader assess the affordability of the city's current levels of outstanding debt and the city's ability to issue additional debt in the future. Demographic and Economic Information 197-199 These schedules offer demographic and economic indicators to help the reader understand the environment within which the city's financial activities take place and to help make comparisons over time and with other governments. Operating Information 200-202 These schedules contain information about the city's operations and resources to help the reader understand how the city's financial information relates to the services the city provides and the activities it performs. CITY OF CHULA VISTA Statistical Section 06/30 Table of Contents 183 Page 810 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 184 Page 811 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Governmental activities: Net investment in capital assets 626,476,481$ 649,314,016$ 643,174,160$ 672,940,012$ 1,031,902,782$ 963,595,553$ 997,561,287$ 1,048,711,594$ 1,092,307,720$ 1,139,225,615$ Restricted 21,888,309 107,106,257 129,460,665 125,439,323 128,114,370 143,958,910 167,223,184 181,367,432 196,782,954 218,852,340 Unrestricted 111,886,462 22,522,443 (245,432,296) (222,570,459) (222,843,737) (139,744,867) (139,394,302) (135,426,227) (123,311,317) (97,583,182) Total governmental activities net position 760,251,252 778,942,716 527,202,529 575,808,876 937,173,415 967,809,596 1,025,390,169 1,094,652,799 1,165,779,357 1,260,494,773 Business-type activities: Net investment in capital assets 134,661,254 136,513,268 134,368,634 135,989,851 331,199,513 327,687,650 322,072,495 317,722,714 317,133,368 324,179,036 Restricted - 5,141,430 2,803,451 2,593,403 - - - 565,547 - Unrestricted 93,401,745 97,393,640 71,945,411 67,970,476 72,366,978 78,539,054 90,839,632 102,067,475 107,279,738 136,075,366 Total business-type activities net position 228,062,999 233,906,908 211,455,475 206,763,778 406,159,894 406,226,704 412,912,127 419,790,189 424,978,653 460,254,402 Primary government: Net investment in capital assets 761,137,735 785,827,284 777,542,794 808,929,863 1,363,102,295 1,291,283,203 1,319,633,782 1,366,434,308 1,409,441,088 1,463,404,651 Restricted 21,888,309 107,106,257 134,602,095 128,242,774 130,707,773 143,958,910 167,223,184 181,367,432 197,348,501 218,852,340 Unrestricted 205,288,207 119,916,083 (173,486,885) (154,599,983) (150,476,759) (61,205,813) (48,554,670) (33,358,752) (16,031,579) 38,492,184 Total primary government net position 988,314,251$ 1,012,849,624$ 738,658,004$ 782,572,654$ 1,343,333,309$ 1,374,036,300$ 1,438,302,296$ 1,514,442,988$ 1,590,758,010$ 1,720,749,175$ Net Position by Component CITY OF CHULA VISTA Last Ten Fiscal Years (accrual basis of accounting) Fiscal Year 185 Page 812 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Expenses: Governmental activities: General government 33,652,891$ 25,386,867$ 36,693,953$ 25,564,824$ 35,375,230$ 29,311,449$ 27,922,521$ 33,033,582$ 18,121,564$ 57,993,429$ Public safety 77,821,520 74,896,803 81,002,999 87,749,418 94,716,683 106,802,130 111,269,341 125,991,666 131,262,122 111,173,472 Community Development - - - 1,974,046 1,552,750 18,617,269 11,153,109 11,768,626 8,555,836 45,701,258 Community Services - - 12,837 5,632 14,990 - - - - - Public works 69,297,402 63,312,155 62,454,130 67,910,401 68,885,918 72,192,449 57,563,725 69,016,706 68,218,192 58,402,021 Parks and recreation 5,865,192 6,118,351 6,441,907 6,834,240 6,875,635 9,553,392 14,633,191 16,592,077 40,789,923 13,542,362 Library 4,224,568 4,092,263 3,906,984 3,997,677 5,018,878 1,542,733 1,007,869 1,107,068 4,505,740 2,954,806 Transit 14,560 - - - - - - - - - Interest on long-term debt 6,698,509 7,287,461 6,776,635 6,073,434 4,673,047 7,718,906 6,740,877 6,027,344 8,857,969 15,631,745 Total governmental activities expenses 197,574,642 181,093,900 197,289,445 200,109,672 217,113,131 245,738,328 230,290,633 263,537,069 280,311,346 305,399,093 Business-type activities: Transit 6,997,488 6,875,214 4,807,985 86,512 39,594 13,008 160,797 13,923 8,461 8,500 Bayfront Trolley Station 92,843 61,823 59,863 - - 27 - - - 19 Transport Enterprise - - - - - - - - 3,634,677 12,006,347 Sewer funds 30,773,712 26,046,175 31,615,457 25,234,891 32,179,875 34,857,066 36,815,795 38,523,661 39,808,699 33,398,914 Sewer DIFs 122,927 129,279 120,197 1,146,838 8,305 34,547 495,865 510,789 438,680 305,619 Development Services Fund 5,717,312 6,113,133 5,996,109 5,741,600 6,655,654 10,683,709 10,755,535 9,644,465 10,165,866 8,233,072 Chula Vista Mini Golf Course 27,092 - - - - 2,982,489 CV Elite Athlete Training Ctr 449,028 676,260 595,579 691,256 585,009 575,339 Living Coast Discovery Center - - - - - - - 95,405 101,112 118,750 Total business-type activities expenses 43,704,282 39,225,624 42,599,611 32,209,841 39,359,548 46,264,617 48,823,571 49,479,499 54,742,504 57,629,049 Total primary government expenses 241,278,924 220,319,524 239,889,056 232,319,513 256,472,679 292,002,945 279,114,204 313,016,568 335,053,850 363,028,142 Program revenues: Governmental activities: Charges for services: General government 5,795,838 8,767,069 7,623,676 6,468,756 12,317,921 8,562,792 5,004,895 1,194,045 3,685,466 6,763,379 Public safety 8,893,631 10,198,058 12,100,712 11,764,603 11,997,221 178,674 5,865,227 8,154,003 6,912,095 7,752,570 Community Development - - 297,866 730,197 771,603 17,920,527 4,701,195 46,290,223 10,780,843 5,836,312 Public works 35,758,786 30,495,980 31,703,848 24,218,733 32,598,199 23,487,119 23,562,841 24,140,150 20,949,678 30,823,899 Parks and recreation 7,631,696 5,292,433 4,511,278 10,683,649 8,221,019 1,490,236 2,134,964 2,066,000 1,576,819 2,101,823 Library 1,666,765 1,078,592 1,302,869 1,943,416 1,575,837 872,352 877,744 653,790 701,945 810,146 Operating contributions and grants 30,935,863 29,456,557 25,102,165 22,416,276 22,751,556 21,246,015 20,686,617 16,656,454 25,787,760 47,300,700 Capital contributions and grants 2,936,133 1,921,554 12,954,191 7,143,130 5,619,731 33,859,885 27,052,711 25,449,043 59,987,995 58,796,673 Total governmental activities program revenues 93,618,712 87,210,243 95,596,605 85,368,760 95,853,087 107,617,600 89,886,194 124,603,708 130,382,601 160,185,502 Business-type activities: Charges for services: Transit Fund 2,841,619 2,672,231 1,503,262 - - - - - - - Sewer Fund 35,011,268 33,190,660 36,054,603 35,775,374 36,289,930 37,870,947 44,213,351 44,740,438 42,091,953 49,050,723 Sewer DIFs 645,015 268,092 166,333 239,143 111,907 1,201,669 1,265,579 834,494 594,707 886,029 Development Services Fund 6,654,261 6,338,495 6,118,566 6,546,936 7,291,037 10,596,287 9,317,298 9,269,133 10,617,448 10,807,052 Chula Vista Muni Golf Course - - - - - - - - - 3,300,593 Transport Enterprise - - - - - - - - - 19,980,980 Operating grants and contributions 3,095,626 3,800,358 5,474,658 306,884 - 104,899 163,380 33,893 185,587 - Capital grants and contributions - - - - - - - - 2,672,900 - Total business-type activities program revenues 48,247,789 46,269,836 49,317,422 42,868,337 43,692,874 49,773,802 54,959,608 54,877,958 56,162,595 84,025,377 Total primary government program revenues 141,866,501 133,480,079 144,914,027 128,237,097 139,545,961 157,391,402 144,845,802 179,481,666 186,545,196 244,210,879 Net revenues (expenses): Governmental activities (103,955,930) (93,883,657) (101,692,840) (114,740,912) (121,260,044) (138,120,728) (140,404,439) (138,933,361) (149,928,745) (145,213,591) Business-type activities 4,543,507 7,044,212 6,717,811 10,658,496 4,333,326 3,509,185 6,136,037 5,398,459 1,420,091 26,396,328 Total net revenues (expenses)(99,412,423) (86,839,445) (94,975,029) (104,082,416) (116,926,718) (134,611,543) (134,268,402) (133,534,902) (148,508,654) (118,817,263) General revenues and other changes in net assets: Governmental activities: Taxes: Property taxes 45,146,022 45,266,172 47,485,292 50,136,856 53,248,196 56,512,850 59,841,972 62,905,983 66,864,796 69,565,097 Sales tax 28,627,785 29,171,174 41,883,924 33,317,380 36,469,033 57,541,043 73,187,780 78,964,672 92,895,930 102,428,825 Other taxes 18,966,240 32,145,209 23,225,498 24,463,262 24,101,777 32,496,156 35,204,174 35,247,893 38,175,933 41,671,204 Investment income 866,861 1,944,988 4,216,186 6,233,144 2,954,403 5,652,663 12,243,685 14,062,136 4,836,055 (6,855,109) Other general revenues 2,356,802 686,054 12,921,129 1,034,027 8,970 - - - - - Miscellaneous - - 27,882 336,661 1,677,271 12,675,502 13,963,434 13,897,888 12,696,745 21,755,785 Gain on Sale of Capital Asset - - - - - - 102,283 - 105,741 192,543 Transfers 3,861,417 3,551,004 3,848,746 2,799,555 4,180,778 4,170,702 4,339,276 4,352,954 4,664,733 7,527,863 Total governmental activities 99,825,127 112,764,601 133,608,657 118,320,885 122,640,428 169,048,916 198,882,604 209,431,526 220,239,933 236,286,208 Business-type activities: Investment income 261,354 1,505,052 657,343 1,357,938 322,527 1,155,739 4,575,679 5,450,627 1,175,687 (3,650,561) Miscellaneous 349,909 845,650 2,789,595 524,616 198,847,750 414,696 252,213 380,617 7,245,994 16,545,269 Gain on Sale of Capital Asset - - - - 115,703 - 60,770 1,313 11,425 47,609 Transfers (3,861,417) (3,551,004) (3,848,746) (2,799,555) (4,180,778) (4,170,702) (4,339,276) (4,352,954) (4,664,733) (7,527,863) Total business-type activities (3,250,154) (1,200,302) (401,808) (917,001) 195,105,202 (2,600,267) 549,386 1,479,603 3,768,373 5,414,454 Total primary government 96,574,973 111,564,299 133,206,849 117,403,884 317,745,630 166,448,649 199,431,990 210,911,129 224,008,306 241,700,662 Changes in net position Governmental activities (4,130,803) 18,880,944 31,915,817 3,579,973 1,380,384 30,928,188 58,478,165 70,498,165 70,311,188 91,072,617 Business-type activities 1,293,353 5,843,910 6,316,003 9,741,495 199,438,528 908,918 6,685,423 6,878,062 5,188,464 31,810,782 Total primary government (2,837,450)$ 24,724,854$ 38,231,820$ 13,321,468$ 200,818,912$ 31,837,106$ 65,163,588$ 77,376,227$ 75,499,652$ 122,883,399$ CITY OF CHULA VISTA Last Ten Fiscal Years Changes in Net Position Fiscal Year 186 Page 813 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General fund: Nonspendable 7,481,079$ 7,424,812$ 7,419,002$ 1,527,055$ 7,363,413$ 7,676,350$ 7,578,086$ 9,290,599$ 12,559,029$ 12,121,324$ Restricted 750,951 - - - - - - - 1,042,970 9,465,060 Committed 2,298,088 6,215,601 7,602,021 6,417,095 5,938,600 64,147,929 46,370,754 11,082,859 11,904,304 11,731,844 Assigned 6,648,922 4,807,244 4,688,124 4,315,568 8,526,339 11,866,874 41,546,738 66,514,060 65,282,025 79,567,415 Unassigned 10,790,135 14,511,252 16,412,879 25,132,939 20,020,613 24,512,363 23,378,859 25,636,659 28,315,924 27,682,371 Total general fund 27,969,175 32,958,909 36,122,026 37,392,657 41,848,965 108,203,516 118,874,437 112,524,177 119,104,252 140,568,014 All other governmental funds: Nonspendable 29,774,472$ 23,537,524$ -$ 5,834,630$ 5,460$ 3,459$ 4,277$ 189,587$ 519,258$ 504,336$ Restricted 91,152,341 107,106,257 129,464,688 125,439,323 128,114,370 143,915,260 167,241,347 181,367,432 195,739,984 214,859,098 Committed 10,617,691 10,677,564 9,584,176 9,068,623 6,583,603 6,303,075 5,219,729 5,321,988 5,344,272 5,883,740 Assigned - - - 1,459,891 - 10,891 64,202 122,922 - - Unassigned (37,277,498) (40,451,233) (37,216,118) (26,983,855) (19,394,021) (4,433) (2,147,643) (878,624) (2,583,780) (2,364,960) Total all other governmental funds 94,267,006$ 100,870,112$ 101,832,746$ 114,818,612$ 115,309,412$ 150,228,252$ 170,381,912$ 186,123,305$ 199,019,734$ 218,882,214$ (modified accrual basis of accounting) Last Ten Fiscal Years Fund Balances of Governmental Funds CITY OF CHULA VISTA Fiscal Year 187 Page 814 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Revenues: Taxes 82,450,711$ 106,825,885$ 112,594,714$ 110,452,962$ 121,462,604$ 139,296,422$ 157,824,296$ 166,215,250$ 185,983,649$ 201,616,493$ Licenses and permits 1,436,828 1,355,342 1,322,254 1,328,020 1,290,968 1,601,980 2,367,165 1,834,236 2,005,923 1,962,967 Fines and forfeitures 1,639,781 1,685,268 2,280,880 1,942,656 1,805,508 2,035,823 2,218,235 1,670,628 1,346,492 1,572,303 Investment income (loss) 2,929,237 4,698,387 5,044,602 7,006,545 3,766,457 5,682,112 12,212,190 14,062,136 4,836,055 (6,841,017) Developer fees 21,742,856 9,515,921 7,484,592 11,657,266 8,810,178 23,506,237 18,068,217 10,653,015 15,955,351 25,983,157 Intergovernmental 40,953,981 28,647,410 26,409,294 23,868,074 23,427,460 25,522,199 26,409,517 27,836,371 37,274,120 67,809,266 Charges for services 23,440,813 20,748,232 20,112,124 22,647,645 26,662,094 23,630,103 24,925,513 27,616,079 30,993,090 38,459,855 Contriubutions - - - - - 11,176,064 15,244,658 11,984,032 7,679,652 - Other 14,521,818 14,896,960 15,932,194 15,839,288 23,529,357 21,132,605 17,419,459 16,225,790 19,790,763 11,027,272 Total revenues 189,116,025 188,373,405 191,180,654 194,742,456 210,754,626 253,583,545 276,689,250 278,097,537 305,865,095 341,590,296 Expenditures Current: General government 25,544,079 29,341,881 26,413,901 29,087,838 33,218,003 23,723,205 23,452,836 28,002,094 81,861,532 56,671,621 Public safety 73,177,912 76,457,979 80,235,099 83,637,644 87,731,136 95,424,528 101,580,642 114,661,942 286,042,703 109,040,668 Public works 48,416,477 40,894,934 41,459,698 49,775,141 45,135,590 37,856,917 29,974,482 33,284,800 87,018,056 34,949,572 Community Development - - - 1,974,046 2,030,654 17,601,341 10,860,838 10,951,941 19,453,357 45,770,658 Parks and recreation 3,471,548 3,590,441 3,746,349 4,059,567 4,246,605 4,276,366 11,208,237 10,661,708 44,357,263 11,596,166 Library 3,241,660 3,810,004 3,625,949 3,969,307 4,721,120 3,943,063 3,948,154 3,580,413 10,709,718 3,115,863 Capital outlay 21,144,133 15,347,338 22,216,530 12,976,408 19,172,666 40,843,898 49,253,675 51,371,872 49,508,887 31,055,664 Debt service: Principal retirement 5,113,992 54,040,855 5,340,205 34,980,737 6,110,055 11,898,280 11,760,783 12,810,263 13,254,548 20,191,204 Interest and fiscal charges 6,818,788 7,850,448 6,678,144 6,437,941 5,194,264 8,382,476 8,023,403 7,348,481 7,961,316 15,626,455 Payment to refunded bond escrow agent - - - 422,751 2,673,892 - - - - - Total expenditures 186,928,589 231,333,880 189,715,875 227,321,380 210,233,985 243,950,074 250,063,050 272,673,514 600,167,380 328,017,871 Excess (deficiency) of revenues over (under) expenditures 2,187,436 (42,960,475) 1,464,779 (32,578,924) 520,641 9,633,471 26,626,200 5,424,023 (294,302,285) 13,572,425 Other financing sources (uses): Transfers in 33,900,786 20,113,296 30,478,465 21,708,446 27,905,430 49,858,764 20,965,197 22,619,355 31,219,762 51,475,566 Transfers out (32,638,610) (16,551,879) (27,503,760) (18,897,272) (25,949,256) (47,177,986) (16,625,921) (18,443,510) (26,732,447) (44,115,233) Proceeds from long-term debt 3,963,104 2,174,204 2,121,500 578,224 377,487 - - - - 3,426,935 Proceeds from bond sale - - 45,920,000 - 34,330,000 34,485,000 - - 308,476,104 - Payment to escrow agent trust - - - - (7,135,000) (36,860,637) - - - - Bond premium/(bond discount)- - 3,537,111 - 2,262,493 2,836,273 - - - Leases - - - - - 1,285,053 759,697 1,023,800 - 13,323,750 Total other financing sources (uses) 5,225,280 5,735,621 54,553,316 3,389,398 31,791,154 4,426,467 5,098,973 5,199,645 312,963,419 24,111,018 Extraordinary item: Loss on dissolution of the Chula Vista Redevelopment Agency (3,191,040) - - - - - - - - - Total extraordinary item (3,191,040) - - - - - - - - - Net change in fund balances 4,221,676$ (37,224,854)$ 56,018,095$ (29,189,526)$ 32,311,795$ 14,059,938$ 31,725,173$ 10,623,668$ 18,661,134$ 37,683,443$ Debt service as a percentage of noncapital expenditures 6.9% 30.3% 6.9% 20.3% 6.0% 10.0% 10.0% 9.3% 3.6% 10.8% (modified accrual basis of accounting) Last Ten Fiscal Years Changes in Fund Balances of Governmental Funds CITY OF CHULA VISTA Fiscal Year 188 Page 815 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year Taxable Total Ended Less:Assessed Direct Tax June 30,Secured Unsecured Exemptions Value ¹Rate 2013 21,173,362,084$ 565,751,305$ (796,316,481)$ 20,942,796,908$ 0.1438% 2014 21,922,151,025 555,819,631 (831,701,747) 21,646,268,909 0.1438% 2015 23,413,030,465 542,342,957 (864,933,069) 23,090,440,353 0.1438% 2016 24,754,131,895 549,312,047 (847,445,301) 24,455,998,641 0.1438% 2017 26,210,551,258 543,505,450 (977,982,199) 25,776,074,509 0.1438% 2018 27,801,823,181 559,678,820 (1,009,910,410) 27,351,591,591 0.1438% 2019 29,390,231,110 592,221,286 (1,118,567,598) 28,863,884,798 0.1438% 2020 31,185,048,225 602,642,833 (1,191,602,603) 30,596,088,455 0.1437% 2021 33,136,962,193 641,452,322 (1,374,268,953) 32,404,145,562 0.1438% 2022 34,629,964,921 570,315,343 (1,606,360,066) 33,593,920,198 0.1438% 1 Includes redevelopment incremental valuation. Source: County of San Diego Property Tax Services Valuation Report, Tax Rate by Tax Rate Area, ACAP 345B CITY OF CHULA VISTA Assessed Value and Estimated Actual Value of Taxable Property Last Ten Fiscal Years Note: In 1978 the voters of the State of California passed Proposition 13 which limited property taxes to a total maximum rate of 1% based upon the assessed value of the property being taxed. Each year, the assessed value of property may be increased by an "inflation factor" (limited to a maximum increase of 2%). With few exceptions, property is only re- assessed at the time that it is sold to a new owner. At that point, the new assessed value is reassessed at the purchase price of the property sold. The assessed valuation data shown above represents the only data currently available with respect to the actual market value of taxable property and is subject to the limitations described above. 189 Page 816 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 City Direct Rates: City basic rate 0.1438 0.1438 0.1438 0.1438 0.1438 0.1438 0.1438 0.1437 0.1438 0.1438 Overlapping Rates: Chula Vista Elementary School District Bonds 0.0253 0.0463 0.0475 0.0430 0.0432 0.0359 0.0392 0.0374 0.0646 0.0628 Sweetwater Union High School District Bonds 0.0586 0.0582 0.0541 0.0517 0.0516 0.0516 0.0528 0.0516 0.0488 0.0461 Southwestern Community College Bonds 0.0375 0.0368 0.0358 0.0396 0.0386 0.0498 0.0467 0.0448 0.0279 0.0485 MWD D/S Remainder of SDCWA 15019999 0.0035 0.0035 0.0035 0.0035 0.0035 0.0035 0.0035 0.0035 0.0035 0.0035 County of San Diego**1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 1.0000 Total Overlapping Rates 1.1249 1.1448 1.1409 1.1378 1.1369 1.1408 1.1422 1.1373 1.1448 1.1609 **Breakdown of the County of San Diego 1.00 Rate: County General Gen Elem Chula Vista High Sweetwater Union Southwestern Community College County School Service County School Service - Capital Outlay Childrens Institutions Tuition Regional Occupational Centers Chula Vista Project (19/84601) Chula Vista Project (19/84602) Educational Revenue Augmentation Fund Chula Vista City South Bay Irrigation CWA South Bay Irrigation San Diego Unified Port Total Source: County of San Diego Property Tax Services and ACAP 345B Note: In 1978, California voters passed Proposition 13 which sets the property tax rate at a 1.00% fixed amount. This 1.00% is shared by all taxing agencies for which the subject property resides within. In addition to the 1.00% fixed amount, property owners are charged taxes as a percentage of assessed property values for the payment of school bonds and other debt service. Overlapping rates may vary by tax rate area. The data listed in this table is representative of tax rate area 001001. 0.14375071 - 0.00376946 - 1.00000000 CITY OF CHULA VISTA Direct and Overlapping Property Tax Rates (Rate per $100 of Assessed Value) Last Ten Fiscal Years 0.29103670 0.15920355 Fiscal Year 0.00483027 0.00019695 0.00039390 0.14676995 0.18823068 0.05072194 0.00757296 0.00190859 0.00161434 190 Page 817 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Percent of Percent of Total City Total City Taxable Taxable Taxable Taxable Assessed Assessed Assessed Assessed Taxpayer Value Rank Value Value Rank Value John Hancock Life Insurance Co 157,468,792$ 1 0.47% Rohr Inc.147,707,818 2 0.44%181,597,655$ 1 0.87% GGP Otay Ranch LP 140,428,548 3 0.42%118,496,741 4 0.57% R-12 A LLC 132,857,878 4 0.40% Chula Vista Apartments LLC 131,464,456 5 0.39% Regulo Place Apartments Invest 122,850,382 6 0.37%92,893,489 5 0.44% Homefed Otay Land II LLC 112,815,211 7 0.34% Village of Escaya Apartments LLC 111,611,390 8 0.33% Brisa Acquisitions LLC 102,375,300 9 0.30% NM Pulse LLC 101,981,944 10 0.30% JPB Development 131,242,850 2 0.63% Equity Residential 118,922,698 3 0.57% Bre Properties Inc.85,724,074 6 0.41% Corky Mcmillin Homes 74,138,192 7 0.35% Chula Vista Center LLC 74,126,926 8 0.35% Camden USA Inc 64,164,161 9 0.31% Essel LP 51,942,960 10 0.25% Total 1,261,561,719$ 3.76% 993,249,746$ 4.75% Sources: MuniServices, LLC, an Avenu Insights & Analytics Company County of San Diego Property Tax Services PT Base Tab Taxable Assessed Value for FYE CITY OF CHULA VISTA Principal Property Tax Payers Current Year and Nine Years Ago 2022 2013 191 Page 818 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Taxes Levied Collections in Year Ended for the Percent Subsequent Percent June 30,Fiscal Year 1 Amount of Levy Years 2 Amount of Levy 2013 25,352,454$ 24,982,072$ 98.54% 117,973$ 25,100,045$ 99.00% 2014 26,063,753 25,758,225 98.83% 39,776 25,798,000 98.98% 2015 27,726,666 27,398,740 98.82% 36,404 27,435,143 98.95% 2016 29,083,269 28,800,156 99.03% 68,973 28,869,128 99.26% 2017 30,632,668 30,388,650 99.20% 49,984 30,438,634 99.37% 2018 32,518,946 32,206,343 99.04% 58,329 32,264,672 99.22% 2019 34,198,598 33,877,270 99.06% 6,562 33,883,832 99.08% 2020 36,202,585 35,677,358 98.55% 80,701 35,758,059 98.77% 2021 38,360,550 37,854,693 98.68% 211,814 38,066,507 99.23% 2022 39,703,800 39,278,153 98.93% 158,717 39,436,870 99.33% 1 Levy amounts do not include supplemental taxes. 2 Collection amounts represent delinquencies collected for all prior years during the current tax year. Total delinquent collections are reduced by any refunds processed from prior year tax collections. Source: County of San Diego Property Tax Services ACAP234A 1% Collected within the Fiscal Year of Levy Total Collections to Date CITY OF CHULA VISTA Property Tax Levies and Collections Last Ten Fiscal Years 192 Page 819 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year Pension Certificates Total Pension Total Total Percentage Debt Ended Obligation of Capital Financed Governmental Obligation Capital Financed Bus-Type Primary of Personal Per June 30,Bonds Loans Participation Leases 2 Purchases 2 Activities Bonds Leases 2 Purchases 2 Activities Government Income 1 Capita 1 2013 -$ 13,902,784$ 128,375,000$ 279,913$ -$ 142,557,697$ -$ -$ -$ -$ 142,557,697$ 1.17%556$ 2014 - 16,319,311 121,650,000 2,047,312 - 140,016,623 - - - - 140,016,623 1.09%538 2015 - 15,455,642 117,590,000 2,393,674 - 135,439,316 - - - - 135,439,316 0.99%516 2016 - 16,205,773 111,195,000 2,467,714 - 129,868,487 - - - - 129,868,487 0.97%492 2017 - 42,581,074 81,610,000 3,279,703 - 127,470,777 - - - - 127,470,777 0.88%478 2018 - 117,927,392 78,260,000 5,125,643 - 201,313,035 - - - - 201,313,035 1.46%750 2019 - 108,811,346 74,770,000 5,243,991 - 188,825,337 - - - - 188,825,337 1.29%696 2020 - 99,253,322 71,110,000 5,188,939 - 175,552,261 - 10,858 - 10,858 175,563,119 1.13%642 2021 311,272,126 89,342,072 67,250,000 6,497,094 - 474,361,292 38,752,874 4,500,499 - 43,253,373 517,614,665 2.85%1,728 2022* 316,587,171 82,444,480 63,205,000 - 4,800,982 467,037,633 26,932,829 - 3,630,290 30,563,119 497,600,752 n/a **n/a ** 1 These ratios are calculated using personal income and population for the prior calendar year. 2 GASB Statement No. 87, Leases implementation in FY2022. ** SANDAG's estimates for FY2022 are not available. Note: Details regarding the City's outstanding debt can be found in the notes to basic financial statements. Source: San Diego Association of Governments (SANDAG) City Finance Department * The Pension Obligation Bonds balance was reallocated between Governmental Activities and Business-Type Activities due to changes in accounting estimates. Governmental Activities Business-Type Activities CITY OF CHULA VISTA Ratios of Outstanding Debt by Type Last Ten Fiscal Years 193 Page 820 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Fiscal Year Pension Percent of Ended Obligation Assessed Per June 30,Bonds Total Value 1 Capita 2013 -$ -$ 0.00%-$ 2014 - - 0.00%- 2015 - - 0.00%- 2016 - - 0.00%- 2017 - - 0.00%- 2018 - - 0.00%- 2019 - - 0.00%- 2020 - - 0.00%- 2021 350,025,000 350,025,000 1.08%1,275 2022 343,520,000 343,520,000 1.02%n/a * General bonded debt is debt payable with governmental fund resources and general obligation bonds recorded in enterprise funds. 1 Assessed value has been used because the actual value of taxable property is not readily available in the State of California. * Per Capita estimate from SANDAG for FY2022 is not available. Source: San Diego Association of Governments (SANDAG) City Finance Department CITY OF CHULA VISTA Ratio of General Bonded Debt Outstanding Last Ten Fiscal Years Outstanding General Bonded Debt 194 Page 821 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2021-22 Assessed Valuation:$33,593,920,198 Total Debt City's Share of Debt OVERLAPPING TAX AND ASSESSMENT DEBT:6/30/2022 % Applicable (1)6/30/2022 Metropolitan Water District 20,175,000$ 0.989%199,531$ Otay Municipal Water District, I.D. No. 27 720,000 99.996%719,971 Southwestern Community College District 777,649,345 51.004% 396,632,272 Sweetwater Union High School District 376,281,149 60.518% 227,717,826 Chula Vista City School District 125,545,285 87.823% 110,257,636 Chula Vista City School District Schools Facilities Improvement District No. 1 77,730,000 80.065% 62,234,525 National School District 36,641,000 3.207%1,175,077 City of Chula Vista Community Facilities Districts 126,885,000 100.000% 126,885,000 Sweetwater Union High School District Community Facilities District No. 1 14,103,580 100.000% 14,103,580 Sweetwater Union High School District Community Facilities District No. 2 83,472 100.000%83,472 Sweetwater Union High School District Community Facilities District No. 3 4,491,837 100.000%4,491,837 Sweetwater Union High School District Community Facilities District No. 4 2,384,169 100.000%2,384,169 Sweetwater Union High School District Community Facilities District No. 5 1,189,476 68.799%818,348 Sweetwater Union High School District Community Facilities District No. 6 5,227,434 100.000%5,227,434 Sweetwater Union High School District Community Facilities District No. 10 3,338,880 21.811%728,243 Sweetwater Union High School District Community Facilities District No. 11 3,479,739 100.000%3,479,739 Sweetwater Union High School District Community Facilities District No. 12 1,570,317 100.000%1,570,317 Sweetwater Union High School District Community Facilities District No. 13 2,008,545 100.000%2,008,545 Sweetwater Union High School District Community Facilities District No. 14 3,724,938 100.000%3,724,938 Sweetwater Union High School District Community Facilities District No. 15 2,180,706 100.000%2,180,706 Sweetwater Union High School District Community Facilities District No. 16 2,326,782 100.000%2,326,782 Sweetwater Union High School District Community Facilities District No. 17 3,589,296 100.000%3,589,296 Sweetwater Union High School District Community Facilities District No. 18 83,472 100.000%83,472 City of Chula Vista 1915 Act Bonds 2,870,000 100.000%2,870,000 California Statewide Communities Development Authority 1915 Act Bonds 434,027 100.000%434,027 TOTAL OVERLAPPING TAX AND ASSESSMENT DEBT 975,926,743$ DIRECT AND OVERLAPPING GENERAL FUND DEBT: San Diego County General Fund Obligations 245,340,000$ 5.542% 13,596,743$ San Diego County Pension Obligation Bonds 340,825,000 5.542% 18,888,522 San Diego County Superintendent of Schools Obligations 7,780,000 5.542%431,168 Southwestern Community College District Certificates of Participation 375,000 51.004%191,265 Sweetwater Union High School District General Fund Obligations 29,140,000 60.518% 17,634,945 Chula Vista City School District Certificates of Participation 192,105,000 87.823% 168,712,374 City of Chula Vista General Fund Obligations 150,450,462 100.000% 150,450,462 (2) City of Chula Vista Pension Obligation Bonds 316,587,171 100.000% 316,587,171 TOTAL DIRECT AND OVERLAPPING GENERAL FUND DEBT 686,492,650$ OVERLAPPING TAX INCREMENT DEBT (Successor Agency):20,930,000$ 99.664% 20,859,675$ TOTAL DIRECT DEBT 467,037,633$ TOTAL OVERLAPPING DEBT 1,216,241,435 COMBINED TOTAL DEBT 1,683,279,068$ (3) (1) (2) (3) Ratios to 2021-22 Assessed Valuation: Total Overlapping Tax and Assessment Debt 2.91% Total Direct Debt ($467,037,633)1.39% Combined Total Debt 5.01% Ratios to Redevelopment Successor Agency Incremental Valuation ($1,918,065,814): Total Overlapping Tax Increment Debt 1.09% Sources: California Municipal Statistics, Inc. City Finance Department Excludes tax and revenue anticipation notes, enterprise revenue and mortgage revenue. Qualified Zone Academy Bonds are included based on principal due at maturity. CITY OF CHULA VISTA Direct and Overlapping Debt June 30, 2022 The percentage of overlapping debt applicable to the city is estimated using taxable assessed property value. Applicable percentages were estimated by determining the portion of the overlapping district's assessed value that is within the boundaries of the city divided by the district's total taxable assessed value. Includes Certificates of Participation, Loans, Leases, and Financed Purchases. 195 Page 822 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Assessed valuation 20,942,797$ 21,646,269$ 23,090,440$ 24,455,999$ 25,776,075$ 27,351,592$ 28,863,885$ 30,596,088$ 32,404,146$ 33,593,920$ Conversion percentage 25% 25% 25% 25% 25% 25% 25% 25% 25% 25% Adjusted assessed valuation 5,235,699 5,411,567 5,772,610 6,114,000 6,444,019 6,837,898 7,215,971 7,649,022 8,101,036 8,398,480 Debt limit percentage 15% 15% 15% 15% 15% 15% 15% 15% 15% 15% Debt limit 785,355 811,735 865,892 917,100 966,603 1,025,685 1,082,396 1,147,353 1,215,155 1,259,772 Total net debt applicable to limit: Pension obligation bonds - - - - - - - - 350,025 343,520 Legal debt margin 785,355$ 811,735$ 865,892$ 917,100$ 966,603$ 1,025,685$ 1,082,396$ 1,147,353$ 865,130$ 916,252$ Total debt applicable to the limit as a percentage of debt limit 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 28.8% 27.3% Note: Sources: City Finance Department County of San Diego Property Tax Services Last Ten Fiscal Years Legal Debt Margin Information CITY OF CHULA VISTA Fiscal Year The Government Code of the State of California provides for a legal debt limit of 15% of gross assessed valuation. However, this provision was enacted when assessed valuation was based upon 25% of market value. Effective with the 1981-82 fiscal year, each parcel is now assessed at 100% of market value (as of the most recent change in ownership for that parcel). The computations shown above reflect a conversion of assessed valuation data for each fiscal year from the current full valuation perspective to the 25% level that was in effect at the time that the legal debt margin was enacted by the State of California for local governments located within the state. (Dollars in Thousands) 196 Page 823 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Note: Source: City Finance Department The City does not have debt in the last ten fiscal years with this requirement. Details regarding the City's outstanding debt can be found in the notes to basic financial statements. CITY OF CHULA VISTA Pledged-Revenue Coverage Last Ten Fiscal Years 197 Page 824 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda % of S.D. % Change Avg. % High % Bachelor's Personal Per Capita Total County from Previous Median Household School Degree or % Below Unemployment Income Personal Year Population 1 Population 1 Year 1 Age 2 Size 1 Graduate 3 Higher 3 Poverty 3 Rate 4 (in thousands) 5 Income 5 2013 256,417 8.0% 2.1% 33.0 3.27 79.0% 25.6% 15.6% 9.90% 12,137,121$ 47,334$ 2014 260,177 8.0% 1.5% 32.9 3.29 80.4% 27.8% 12.8% 8.20% 12,819,059 49,271 2015 262,484 8.0% 0.9% 33.0 3.30 82.3% 29.8% 10.6% 6.60% 13,615,626 51,872 2016 264,046 8.0% 0.6% 33.0 3.30 80.1% 27.4% 10.5% 5.2% 13,358,859 50,593 2017 266,427 8.1% 0.9% 33.1 3.30 80.9% 28.1% 11.5% 4.4% 14,432,090 54,169 2018 268,588 8.1% 0.8% 33.1 3.29 85.5% 27.4% 8.4% 3.7% 13,834,485 51,508 2019 271,362 8.1% 1.0% 33.1 3.27 83.2% 29.2% 8.7%3.60% 14,606,180 53,825 2020 273,384 8.2% 0.7% 33.1 3.25 83.8% 29.2% 9.5%10.70% 15,598,460 57,057 2021 274,449 8.3% 0.4% 32.9 3.23 82.6% 33.0% 8.9% 7.5% 16,658,152 60,482 2022 * n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a n/a Source: y,, p p p p , owning a home or business, from the ownership of financial assets, and from government and business in the form of transfers. It includes income from domestic sources as well as the rest of world. It does not include realized or unrealized capital gains or losses." ² SANDAG Estimates, Vintage 2021 (2011-2021) ³ American Community Survey (ACS) 1-Year Estimates, Tables B15003 (Educational Attainment) and B17001 (Poverty) ⁴ California Employment Development Department (EDD), Local Area Unemployment Statistics (LAUS), Annual Average ⁵ U.S. Bureau of Economic Analysis (BEA), Regional Economic Accounts "Local Area Personal Income Accounts," Table CA5N; ACS 1-Year Estimates, Table B19301; Bureau of Labor Statistics (BLS), retrieved from FRED, Chained Consumer Price Index (CPI), "Series CUUSA424SA0." Personal Income and PCPI for 2021 were estimated using the prior year's growth rate. * SANDAG estimates for FY2022 are not available. Note: Year-to-year variation for Educational Attainment and Poverty are the result of both actual change and sampling error. Per Capita Personal Income (PCPI) is the share of the jurisdiction's Per Capita Income to the region's based on the ACS 1-Year Estimates, Table B19301, multiplied by the region's PCPI from BEA. Personal Income is the product of PCPI and Total Population. Dollar values are inflation-adjusted to 2021 dollars. ¹ California Department of Finance, "January Population and Housing Estimates" CITY OF CHULA VISTA Demographic and Economic Statistics Last Ten Calendar Years Educational Attainment Data compiled by SANDAG Service Bureau using the following sources: 198 Page 825 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Percent of Percent of Number of Total Number of Total Employer Employees Rank Employment Employees Rank Employment Sweetwater Union High School District 3,796 1 5.73% 4,076 1 7.52% Chula Vista Elementary School District 3,668 2 5.53% 2,788 2 5.24% Sharp Chula Vista Medical Center 2,648 3 3.99% 1,736 4 3.34% Southwestern Community College 1,624 4 2.45% 1,562 5 3.30% Wal-Mart 1,524 5 2.30% 1,242 6 2.38% City of Chula Vista 1,308 6 1.97% 1,124 8 2.13% Rohr Inc./Goodrich Aerospace 1,307 7 1.97% 2,469 3 4.17% Scripps Mercy Hospital Chula Vista 1,073 8 1.62% 1,139 7 2.13% Costco Wholesale 707 9 1.07% 534 10 1.03% Transdev Services 602 10 0.91% Target Corporation 664 9 0.91% Note: "Total Employment" as used above represents the total employment of all employers located within City Limits. Per Employment Development Department's CY2021 Quarter 4 average, this amounts to 66,286 employees in current FY. Sources: State Employment Development Department City Finance Department Sweetwater Union High School District Chula Vista Elementary School District Southwestern Community College CITY OF CHULA VISTA Principal Employers Current Year and Nine Years Ago 2022 2013 199 Page 826 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Function 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 General Government 282 312 288 205 210 198 160 160 172 165 Public Safety 432 425 469 470 474 492 527 554 620 642 Public Works/Engr 164 161 161 241 228 228 184 180 189 185 Parks and Recreation 115 130 161 176 153 158 229 69 137 192 Library 82 77 88 70 77 73 74 24 39 53 Development Services 49 49 49 57 55 58 73 71 69 71 Total 1,124 1,154 1,216 1,219 1,197 1,207 1,247 1,058 1,226 1,308 Source: City Finance Department Last Ten Fiscal Years by Function Full-time and Part-time City Employees CITY OF CHULA VISTA Fiscal Year 200 Page 827 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Police: Citizen-initiated calls for service 66,319 65,645 64,486 67,512 65,672 65,643 64,066 66,470 65,537 66,882 Fire: Number of emergency calls 12,950 14,787 18,328 19,612 19,612 21,397 21,803 22,843 24,794 30,895 Inspections 2,390 2,262 4,209 4,207 4,207 3,907 3,862 4,029 6,071 7,776 Public works: Street resurfacing/maintenance 1 121,428 38,087 61,640 39,338 61,640 16,178 14,734 61,640 32,923 35,859 (square feet) Parks and recreation: 3 Number of recreation classes 2,572 2,456 2,388 3,859 3,124 2,658 3,552 2,008 575 2,303 Number of facility rentals 1,915 1,781 1,921 1,573 1,482 688 771 1,100 121 525 Library: Circulation 992,005 954,071 839,616 706,594 706,594 637,119 539,762 500,195 115,005 502,326 Attendance 2 832,975 822,895 803,535 857,475 857,475 958,117 1,635,849 961,848 162,300 958,723 Sewer: New connections 968 553 210 2,211 211 502 1,456 1,628 425 107 Average daily sewage treatment 15.7 15.5 15.5 15.4 15.4 15.2 15.9 16.6 16.1 16.8 (millions of gallons) 1 Excludes filling of potholes and crack sealing. 2 Library closed from March 2020 to May 2021. 3 Parks and Recreation closed majority of FY2021, offered limited number of classes and rentals in between. Source: City of Chula Vista Last Ten Fiscal Years by Function Operating Indicators CITY OF CHULA VISTA Fiscal Year 201 Page 828 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Police: Stations 1 1 1 1 1 1 1 1 1 1 Fire: Fire stations 9 9 9 9 9 9 9 10 10 10 Public works: Streets (miles)429.5 433.9 433.9 433.9 433.9 434.2 434.2 445.2 445.2 445.2 Streetlights ³9,069 9,069 9,069 9,144 9,282 9,539 9,787 9,818 9,828 9,921 Traffic signals ³273 273 273 275 275 282 288 294 301 303 Parks and recreation: Parks (acreage) 1 530.7 527.7 557.2 557.2 708.0 660.0 660.0 704.0 716.9 722.0 Recreation facilities 11 11 11 11 11 11 11 11 11 11 Library: Libraries 3 3 3 3 3 3 3 3 3 3 Sewer: Sewer pipes (miles) ²505.0 511.3 514.3 514.6 514.6 514.6 514.6 516.8 517.0 522.4 Storm drains (miles) ²249.0 255.2 263.2 266.2 269.6 272.4 273.8 280.6 282.5 307.1 Maximum daily treatment capacity 20.9 20.9 20.9 20.9 20.9 20.9 20.9 20.9 20.9 20.9 (millions of gallons) 1 Includes community, neighborhood, special purpose, mini, urban, and privately maintained public parks within City Boundaries. 2 Updated Sewer: Sewer Pipes and Storm Drains (miles) per GASB 34 in FY2018. 3 Updated Public Works: Streetlights and Traffic Signals per GASB 34 in FY2020. Source: City of Chula Vista Last Ten Fiscal Years by Function Capital Asset Statistics CITY OF CHULA VISTA Fiscal Year 202 Page 829 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 ,1'(3(1'(17$8',7256¶5(325721,17(51$/&21752/ 29(5),1$1&,$/5(3257,1*$1'21&203/,$1&($1'27+(50$77(56 %$6('21$1$8',72)),1$1&,$/67$7(0(1763(5)250(',1$&&25'$1&( :,7+GOVERNMENT AUDITING STANDARDS 7RWKH+RQRUDEOH0D\RUDQG0HPEHUVRIWKH&LW\&RXQFLO &LW\RI&KXOD9LVWD&DOLIRUQLD :HKDYHDXGLWHGLQDFFRUGDQFHZLWKWKHDXGLWLQJVWDQGDUGVJHQHUDOO\DFFHSWHGLQWKH8QLWHG6WDWHV RI$PHULFDDQGWKHVWDQGDUGVDSSOLFDEOHWRILQDQFLDODXGLWVFRQWDLQHGLQGovernment Auditing Standards LVVXHGE\WKH&RPSWUROOHU*HQHUDORIWKH8QLWHG6WDWHVWKHILQDQFLDOVWDWHPHQWVRIWKHJRYHUQPHQWDO DFWLYLWLHVWKHEXVLQHVVW\SHDFWLYLWLHVHDFKPDMRUIXQGDQGWKHDJJUHJDWHUHPDLQLQJIXQGLQIRUPDWLRQRI WKH&LW\RI&KXOD9LVWD&DOLIRUQLD WKH³&LW\´ DVRIDQGIRUWKH\HDUHQGHG-XQHDQGWKHUHODWHG QRWHVWRWKHILQDQFLDOVWDWHPHQWVZKLFKFROOHFWLYHO\FRPSULVHWKH&LW\¶VEDVLFILQDQFLDOVWDWHPHQWVDQG KDYHLVVXHGRXUUHSRUWWKHUHRQGDWHG)HEUXDU\ ,QWHUQDO&RQWURORYHU)LQDQFLDO5HSRUWLQJ ,QSODQQLQJDQGSHUIRUPLQJRXUDXGLWRIWKHILQDQFLDOVWDWHPHQWVZHFRQVLGHUHGWKH&LW\¶VLQWHUQDOFRQWURO RYHUILQDQFLDOUHSRUWLQJ LQWHUQDOFRQWURO DVDEDVLVIRUGHVLJQLQJDXGLWSURFHGXUHVWKDWDUHDSSURSULDWHLQ WKHFLUFXPVWDQFHVIRUWKHSXUSRVHRIH[SUHVVLQJRXURSLQLRQVRQWKHILQDQFLDOVWDWHPHQWVEXWQRWIRUWKH SXUSRVHRIH[SUHVVLQJDQRSLQLRQRQWKHHIIHFWLYHQHVVRIWKH&LW\¶VLQWHUQDOFRQWURO$FFRUGLQJO\ZHGRQRW H[SUHVVDQRSLQLRQRQWKHHIIHFWLYHQHVVRIWKH&LW\¶VLQWHUQDOFRQWURO $deficiency in internal controlH[LVWVZKHQWKHGHVLJQRURSHUDWLRQRIDFRQWUROGRHVQRWDOORZPDQDJHPHQW RUHPSOR\HHVLQWKHQRUPDOFRXUVHRISHUIRUPLQJWKHLUDVVLJQHGIXQFWLRQVWRSUHYHQWRUGHWHFWDQGFRUUHFW PLVVWDWHPHQWVRQDWLPHO\EDVLV$material weaknessLVDGHILFLHQF\RUDFRPELQDWLRQRIGHILFLHQFLHVLQ LQWHUQDOFRQWUROVXFKWKDWWKHUHLVDUHDVRQDEOHSRVVLELOLW\WKDWDPDWHULDOPLVVWDWHPHQWRIWKHHQWLW\¶V ILQDQFLDO VWDWHPHQWV ZLOO QRW EH SUHYHQWHG RU GHWHFWHG DQG FRUUHFWHG RQ D WLPHO\ EDVLV $significant deficiency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¶VILQDQFLDOVWDWHPHQWVDUHIUHHIURP PDWHULDOPLVVWDWHPHQWZHSHUIRUPHGWHVWVRILWVFRPSOLDQFHZLWKFHUWDLQSURYLVLRQVRIODZVUHJXODWLRQV FRQWUDFWVDQGJUDQWDJUHHPHQWVQRQFRPSOLDQFHZLWKZKLFKFRXOGKDYHDGLUHFWDQGPDWHULDOHIIHFWRQWKH ILQDQFLDOVWDWHPHQWV+RZHYHUSURYLGLQJDQRSLQLRQRQFRPSOLDQFHZLWK WKRVH SURYLVLRQV ZDV QRW DQ REMHFWLYHRIRXUDXGLWDQGDFFRUGLQJO\ZHGRQRWH[SUHVVVXFKDQRSLQLRQ7KHUHVXOWVRIRXUWHVWVGLVFORVHG QR LQVWDQFHV RI QRQFRPSOLDQFH RU RWKHU PDWWHUV WKDW DUH UHTXLUHG WR EH UHSRUWHG XQGHU Government Auditing Standards Page 830 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 7RWKH+RQRUDEOH0D\RUDQG0HPEHUVRIWKH&LW\&RXQFLO &LW\RI&KXOD9LVWD&DOLIRUQLD 3XUSRVHRIWKLV5HSRUW 7KHSXUSRVHRIWKLVUHSRUWLVVROHO\WRGHVFULEHWKHVFRSHRIRXUWHVWLQJRILQWHUQDOFRQWURODQGFRPSOLDQFH DQGWKHUHVXOWVRIWKDWWHVWLQJDQGQRWWRSURYLGHDQRSLQLRQRQWKHHIIHFWLYHQHVVRIWKH&LW\¶VLQWHUQDOFRQWURO RU RQ FRPSOLDQFH 7KLV UHSRUW LV DQ LQWHJUDO SDUW RI DQ DXGLW SHUIRUPHG LQ DFFRUGDQFH ZLWK Government Auditing StandardsLQFRQVLGHULQJWKH&LW\¶VLQWHUQDOFRQWURODQGFRPSOLDQFH$FFRUGLQJO\ WKLVFRPPXQLFDWLRQLVQRWVXLWDEOHIRUDQ\RWKHUSXUSRVH %UHD&DOLIRUQLD )HEUXDU\ 204 Page 831 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE AUDITED ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR) FOR FISCAL YEAR ENDING JUNE 30, 2022 WHEREAS, City Charter Section 1012 requires that an annual audit be performed of the City's financial records by an independent accounting firm; and WHEREAS, the independent audit firm of Lance Soll & Lunghard, LLP, has audited the basic financial statements of the City of Chula Vista as found in the Audited Annual Comprehensive Financial Report (ACFR) for fiscal year ending June 30, 2022; and WHEREAS, Lance Soll & Lunghard, LLP, has issued their opinion that the statements present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of June 30, 2022 and the respective changes in financial position, and where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the ACFR, a copy of which is on file with the City Clerk’s Office. Presented by Approved as to Form INTERIM ACTING CITY ATTORNEY Lounsberry Ferguson Altona & Peak LLP By: Sarah Schoen Jill D.S. Maland Finance Director/Treasurer Page 832 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 8.1: Audited Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended 2022 Sarah Schoen, Director of Finance/Treasurer Adrian Del Rio, Assistant Director, Finance Department Stacey Tang, Finance Manager, Finance Department Page 833 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended 2022 Introduction to the ACFR and its Sections New Governmental Accounting Standards Implemented General Fund Reserves as of Fiscal Year Ended 2022 Recommend to Accept the Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2022 2 https://www.chulavistaca.gov/departments/finance/financi al-reports Page 834 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Introduction to ACFR 3 Compiles and prepares the annual financial report to provide interested parties with reliable information concerning the financial condition and results of operations for the City. Purpose The basic financial statements are audited by an independent certified public accounting firm as required by City Charter Section 1012Audited The financial statements have been prepared in accordance with Generally Accepted Accounting Principles (GAAP). Adheres to pronouncements of Governmental Accounting Standards Board (GASB). Allows for comparability between state and local governments. Preparation The firm of Lance, Soll & Lunghard, LLP has audited the basic financial statements of the City of Chula Vista and has issued their opinion that the statements present fairly, in all material respects, the financial position and the results of the operations of the City. An unmodified (“Clean”) opinion Results Page 835 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Sections of the ACFR 1.Introductory Section 2.Financial Section 3.Statistical Section 4Page 836 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Sections of the ACFR 1.Introductory Section •Letter of Transmittal •List of City Officials •Organizational Structure •GFOA Award 5Page 837 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Sections of the ACFR 2.Financial Section •Independent Auditors’ Report •Management’s Discussion and Analysis (MD&A) •Basic Financial Statements •Required Supplementary Information (RSI) 6Page 838 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Sections of the ACFR 3. Statistical Section •Financial Trends •Revenue Capacity •Debt Capacity •Demographic and Economic Information •Operating Information 7Page 839 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda New Governmental Accounting Standards Implemented GASB Statement No. 87, Leases: Enhances the usefulness and comparability of financial statements among governments requiring lessees and lessors to report leases using a single model. Requires recognition of certain lease assets and liabilities for leases that were previously classified as operating leases and recognizes inflows or outflows of resources based on the payment provisions of the lease contracts. Lessee is required to recognize a lease liability and an intangible right-to-use lease asset, and a lessor is required to recognize a lease receivable and deferred inflow of resources. 8Page 840 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda General Fund Reserves General Fund Reserve Funds Reserve Target % Current Reserve % Current Reserve $ (in millions) Target Met General Fund Operating Reserves 15.00%15.00% $ 27.3 Economic Contingency Reserves 5.00%5.00% $ 9.1 Catastrophic Event Reserves 3.00%1.45% $ 2.6 Pension Reserve Fund 15.00%1.35% $ 2.5 9Page 841 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Section 115 Trust Fund Status Report 10Page 842 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 11 Actuals FY2022 FY 2023 FY 2024 FY 2025 FY 2026 FY 2027 Estimated Beginning Fund Balance Estimated Fund Balance -$ 8,362,116$ 17,449,769$ 28,213,698$ 40,072,854$ 51,812,697$ Reserve Balance - 2,464,336 2,464,336 2,464,336 2,464,336 2,464,336 Total Estimated Fund Balance and Reserves -$ 10,826,452$ 19,914,105$ 30,678,034$ 42,537,190$ 54,277,033$ Inflows City Contributions - Annual Projected Savings from Issuance of POBs 8,287,643$ 9,929,907$ 10,848,629$ 11,976,156$ 11,892,443$ 12,513,429$ City Contributions - Pension Reserve Fund (PRF) from Surplus Funds 2,464,336 - - - - - Trust Net Investment Activity 110,751 133,620 - - - - Total Inflows 10,862,730$ 10,063,527$ 10,848,629$ 11,976,156$ 11,892,443$ 12,513,429$ Outflows Miscellaneous Plan UAL -$ (609,449)$ -$ -$ -$ -$ Safety Plan UA - (313,125) - - - - Trust Fees (36,278) (53,300) (84,700) (117,000) (152,600) (183,600) Total Outflows (36,278) (975,874) (84,700) (117,000) (152,600) (183,600) Net Inflows (Outflows)10,826,452$ 9,087,653$ 10,763,929$ 11,859,156$ 11,739,843$ 12,329,829$ Estimated Ending Fund Balance Estimated Fund Balance 8,362,116$ 17,449,769$ 28,213,698$ 40,072,854$ 51,812,697$ 64,142,525$ Reserve Balance 2,464,336 2,464,336 2,464,336 2,464,336 2,464,336 2,464,336 Total Estimated Fund Balance and Reserves 10,826,452$ 19,914,105$ 30,678,034$ 42,537,190$ 54,277,033$ 66,606,861$ City of Chula Vista Section 115 Trust (Book Value) Projections Page 843 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda City of Chula Vista Fiscal Year 2021/22 Financial Audit Page 844 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Overview of the Audit •LSL has been engaged by City of Chula Vista to perform a financial audit over the basic financial statements. •Conducted over three weeks –Interim audit was conducted week of June 27th –Final audit was conducted weeks of October 24th and October 31st •Goal is to render an “opinion”on whether the amounts reported in the financial statements are reliable in all material respects. Page 845 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Overview of the Audit •What the Audit is Not: –Primarily a search for fraud or misappropriation of assets. •Although we are required to be always be cognizant of and consider the possibility such things,they are not our primary goal.We are required to report on them if they are identified or brought to our attention during our audit. –An evaluation of the operational results of an organization. •If we believe there is significant risk that the organization will fail financially within 12 months after reporting date,we will report on it.However,making judgment calls on normal year-over-year operating results (e.g., doing better or worse)is not within the scope of a financial audit. Page 846 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Audit Report •Unmodified Opinion: –Opinion was rendered on February 3,2023 –The financial statements can be relied upon and are materially correct as of June 30,2022 •Basis for Opinion: –Generally accepted auditing standards –Government Auditing Standards Page 847 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Audit Report •Responsibilities of Auditor: –Obtain reasonable,not absolute,assurance that the financial statements are free from material misstatement due to fraud or error –Exercise professional judgment and maintain professional skepticism –Identify risks of material misstatement and develop audit procedures to respond to the risks –Obtain and understanding of internal control in order to design audit procedures. –Evaluate appropriateness of accounting policies and estimates –Evaluate City of Chula Vista for going concern Page 848 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Report on Internal Control and Compliance •This report is required by Government Auditing Standards for the purpose of reporting significant deficiencies or material weaknesses in internal controls or material noncompliance with laws, regulations,grant agreements,bond covenants,contracts,etc. •No findings reported in fiscal year 2022. Page 849 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Other Required Communication •Significant Accounting Practices –Change in accounting principle related to leases (GASB 87) –Management’s estimates of net pension liability and net OPEB liabilities •Significant or Unusual Transactions –None to report •Difficulties Performing Audit, Misstatements, or Disagreements with Management –None to report Page 850 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda www.lslcpas.com Summary of Results •Unmodified (“clean”) audit opinion was rendered. •No internal control findings were identified. •No material noncompliance with laws, regulations, grant agreements, and contracts were identified. •No significant audit adjustments were required. •No difficulties conducting audit or disagreements with management about accounting policies occurred. Page 851 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Ryan Domino, CPA, Partner Ryan.Domino@lslcpas.com James Butera, CPA, Manager James.Butera@lslcpas.com Page 852 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Recommended Action: Accept the Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2022 Page 853 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda v . 0 03 P a g e | 1 March 7, 2023 ITEM TITLE Improvement District Annual Report: Approving the 2023 Annual Report for the Downtown Chula Vista Property-Based Improvement District Report Number: 23-0058 Location: An approximately sixteen-block area along Third Avenue commercial corridor, bounded by E Street to the north, Church Avenue to the east, Landis Avenue to the west, and I Street to the south. The property-based business improvement district also includes one block on F Street where the City of Chula Vista central library and police station are located. Department: Economic Development Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. Recommended Action Adopt a resolution approving the 2023 Annual Report for the Downtown Chula Vista Property-Based Improvement District. SUMMARY The Downtown Chula Vista Property-Based Business Improvement District (PBID) was organized in 2001 to implement various enhancement services within the Third Avenue Village and Downtown area and is directly administered for the City by the owner’s association known as the Third Avenue Village Association (TAVA). In accordance with Streets and Highways Code 36650, TAVA is required to prepare a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The attached report does not propose any modifications to the boundary of the District, the basis or method of levying assessment, or any changes to property classification and complies with the reporting requirements outlined in the California Streets and Highways Code. The total annual assessments for the 2023 year are estimated at approximately $486,000. Staff has reviewed the annual report and recommends the City Council approve the attached resolution. Page 854 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3), no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A DISCUSSION The Downtown Chula Vista Property-Based Improvement District (PBID) was organized in 2001 to implement various enhancement services within the Third Avenue and Downtown area and is directly administered for the City by the owner’s association known as the Third Avenue Village Association (TAVA). In accordance with California Streets and Highways Code 36650, TAVA is required to prepare a report for each fiscal year (Attachment 1), except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. TAVA administers funds received from a PBID and receives approximately $486,000 annually in PBID assessment revenue. In addition to PBID revenue, TAVA has additional revenue from business-improvement district revenue including business licenses; grants and programs including events; bringing total revenue for TAVA to approximately $813,000. TAVA’s fiscal years coincide with each calendar year. Prepared in accordance with the State of California Property and Business Improvement District law of 1994, Streets and Highways Code section 36650, the Annual Planning Report represents the seventh year of program operations within the current ten-year term. Pursuant to Streets and Highway Code 36650-36651, TAVA is required to report the following information: Section 2: PBID Boundaries There are no recommended changes to the boundaries of the PBID or in any zones or classification of property or businesses within the district. Section 3: Assessment Budget The estimate for improvements, maintenance, and activities includes $812,524.26 in total expenditures. Page 855 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 3 EXPENDITURES 2023 Budget Percentage of Budget Civil Sidewalks Personnel: Compensation & Benefits $150,000 District Utilities $30,000 Contracted Third-Party Services $50,000 Maintenance & Landscaping Services $28,500 Total Civil Sidewalks $258,500 32% District Identity & Placemaking $140,100 17% Administration Administration Expenses $83,610 Outside Contracted Management $192,000 Total Administration $275,610 34% PBID Unallocated $22,614.26 3% Grant-Related Expenditures $115,700 14% Total Expenditures $812,524.26 100.0% REVENUES 2023 Budget Percentage of Budget PBID Revenue $485,591.64 60% BID Revenue $16,000 2% Grants $115,700 14% Programs $72,000 9% Carry Forward $123,232.62 15% Total Assessment District Revenues $812,524.26 100.0% Section 4: Method of Financing Revenues will be collected through the levy of special annual assessments upon the real property for which the services and activities are provided. There are two benefit zones, those parcels that front Third Avenue and those that do not. Since re-establishment of the PBID in June 2016, the TAVA Board of Directors has only increased the assessment rate twice, in 2018 and most recently in 2021. There was no increase in the assessments for FY 2023. The method of financing is contained in the attached annual report. Section 5: Surplus/Deficit Revenue With the previous fiscal year ending on December 31, 2022, the FY 2022 audit and tax return have yet to be completed. At the time TAVA submitted the Annual Planning Report to the City, TAVA income for all programs and operations for FY 2021/22 was $880,770 and expenses at $823,704. TAVA estimates that there will be a $57,066 revenue carry forward from FY 2022 as associated with the PBID and BID assessment expenses, which is part of the $132,232 carry forward it accounts for in the FY 2023 Budget Projection. The remaining portion of the FY 2023 carry forward comes from a $50,000 County Grant, $16,166 from Programs and Debit accounts. 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 Page 856 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda P a g e | 4 §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 fiscal impact by adoption of this resolution. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this resolution. ATTACHMENTS 1. Third Avenue Village Association Annual Report – 2023 2. Maintenance Agreement and Encroachment Permit Staff Contact: Kevin Pointer, Principal Economic Development Specialist Eric Crockett, Deputy City Manager Page 857 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 1 of 9 Downtown Chula Vista Property-Based Business Improvement District Annual Planning Report for FY 2023 To the City of Chula Vista Fiscal Year January 1 - December 31, 2023 Prepared by: Third Avenue Village Association New City America, Inc. Marco LiMandri, Executive Director Prepared pursuant to the State of California Property and Business Improvement District Law of 1994 Page 858 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 2 of 9 Downtown Chula Vista Property Based Improvement District FY 2023 Annual Planning Report to the City of Chula Vista Table of Contents Section Number Page Number 1. Introduction 3 2. PBID Boundary and Map 3 & 4 3. PBID Assessment Budget 5 4. Method of Financing 5 & 6 5. Previous Year Surplus / Deficit Revenue 6 6. Other Funding Contributions 6 7. PBID Activity, Improvements, and Services 6 - 9 8. City of Chula Vista Base Level Services 9 9. District Duration and Governance 9 Page 859 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 3 of 9 Downtown Chula Vista PBID Annual Planning Report FY 2023 SECTION 1: Introduction The DOWNTOWN CHULA VISTA PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT NO. 2016-122 (boundaries depicted on page 4) was successfully renewed by the Chula Vista City Council and approved by district property owners on June 14, 2016, for an additional ten-year period from January 1, 2017, through December 31, 2026. The district is managed by The Third Avenue Village Association (TAVA), which has overseen the operations of the PBID and its funding since January 1, 2002. Prepared in accordance with the State of California Property and Business Improvement District law of 1994, Streets and Highways Code section 36650, the 2023 Annual Planning Report represents the seventh year of program operations within the current ten-year term. The PBID's activities and improvements aim to improve and convey special benefits to properties located within the defined downtown Chula Vista, providing services beyond the basic services provided by the City of Chula Vista. SECTION 2: PBID Boundary There are no proposed changes to the PBID boundaries for 2023. The PBID encompasses approximately a 16-block area along the Third Avenue commercial corridor, bounded by E Street to the north, Church Avenue to the east, Landis Avenue to the west and I Street to the south. It also includes one block on F Street that includes the City of Chula Vista central library and police station. Within the PBID boundary, there are two distinct benefit zones for the maintenance programs and activities. It was determined that the properties located on Third Avenue required maintenance services more frequently than the properties in the PBID located to the east and west of Third Avenue. Described below are the benefit zones. District-Wide Maintenance: Is defined as all assessable properties within the PBID boundary. All parcels in the PBID boundary will receive the same base level of maintenance services. Third Avenue Enhanced: Is defined as all assessable properties with frontage along Third Avenue, between E Street and H Street. These properties will receive a higher frequency of maintenance services than other parcels within the PBID boundary. The map on the following page illustrates the PBID boundary: Page 860 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 4 of 9 Downtown Chula Vista PBID Annual Planning Report FY 2023 Page 861 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 5 of 9 Downtown Chula Vista PBID Annual Planning Report FY 2023 SECTION 3: PBID Assessment Budget FY January 1 to December 31, 2023 - PBID Assessment Budget: The following table outlines the PBID maximum assessment budget for FY 2023 with estimated budget expenditures distributed across PBID services. The annual assessment rate was not increased for FY 2023 per TAVA Board annual discretion. EXPENDITURES BUDGET % Of Budget Civil Sidewalks Personnel: Compensation & Benefits $150,000 District Utilities $30,000 Contracted Third-Party Services $50,000 Maintenance & Landscaping Supplies $28,500 Total Civil Sidewalks $258,500 32% District Identity & Placemaking $140,100 17 % Administration Administration Expenses $83,610 Outside Contracted Management $192,000 Total Administration $275,610 34% PBID Unallocated $22,614.26 3% Grant-Related Expenditures $115,700 14% Total Expenditures $812,524.26 100.0% REVENUES PBID Revenue $485,591.64 60% BID Revenue $16,000 2% Grants $115,700 14% Programs $72,000 9% Carry Forward $123,232.62 15% Total Assessment District Revenues $812,524.26 100.0% SECTION 4: Method of Financing Financing is provided by the levy of special annual assessments upon the real property for which the services and activities are provided. These assessments are not a tax for the general benefit of the City. Assessment Calculation: As previously stated, the PBID activities are segregated into two benefit zones; those parcels that front Third Avenue and those that do not. Annual assessments are based upon an allocation of program costs and a calculation of lot square footage and street frontage. The table below reflects the assessments for FY 2023. Per Sq. Ft. of Assessment Rates Lot Per Linear Foot Properties along Third Avenue $0.092 $16.792 Page 862 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 6 of 9 (Between E and H Streets) All other properties in the District $0.917 $2.393 Downtown Chula Vista PBID Annual Planning Report FY 2023 Since the re-establishment of the PBID in June of 2016, the TAVA Board of Directors has only increased the assessment rate twice, in 2018 and most recently, in 2021. There was no increase in the assessments for FY 2023. SECTION 5: Previous Year Surplus / Deficit Revenue With the previous fiscal year ending on December 31, 2022, the FY 2022 audit and tax return have yet to be completed. At the time of this report, TAVA Income for all programs & operations for FY 2022 was $880,770 and expenses at $823,704. TAVA estimates that there will be a $57,066 revenue carry forward from FY 2022 as associated with the PBID & BID assessment expenses, which is part of the $123,232 carry forward we account for in the FY2023 Budget Projection. The remaining portion of the FY23 carry forward comes from a $50,000 County Grant, $16,166 from Programs and Debit accounts. SECTION 6: Other Funding Contributions The City of Chula Vista will contribute baseline service funding in the amount of $5,729. Bond Issuance: No bonds will be issued to finance improvements in 2022. Page 863 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 7 of 9 Downtown Chula Vista PBID Annual Planning Report FY 2023 SECTION 7: PBID Activity, Improvements, and Services Civil Sidewalks Committee (formerly Environmental Enhancements) Public Safety: TAVA works closely with the Chula Vista Police Department to educate property owners on the safety and trespass programs that support property owners in the prevention of property crimes and to mitigate trespassing when the owner is not present. Through the rapid removal of graffiti tags, vandals become discouraged as their tags cannot bring them notoriety amongst their followers nor identify an area associated with a specific gang. Maintenance Services: The TAVA Clean & Safe Team provides enhanced maintenance and landscape services within the Third Avenue Village PBID. The services provided by TAVA assures the property owners and the City of Chula Vista that the district will be maintained at a level beyond the basic services provided by the City of Chula Vista. For TAVA to effectively approach the mai ntenance issues facing the district, a multi-dimensional approach has been developed consisting of the elements and at the frequency stated below. TAVA’s commitment to provide maintenance services to the district are also outlined in the Third Avenue Village Agreement and Encroachment Permit for Maintenance Services Between the City of Chula Vista and the Third Avenue Village Association entered June 14, 2016. Sidewalk Maintenance: Uniformed personnel remove litter, debris, and refuse from sidewalks and trash receptacles within the District, as well as clean all hardscape, benches, and bus stops. Landscape Maintenance: Public landscape areas within the Third Avenue Service Area are maintained and replanted by TAVA staff currently. TAVA utilizes and maintains a web -based electrical irrigation program and repairs the associated in-ground irrigation system and controllers as needed and reserves the option to bring in a third-party contractor to assist in landscaping rehabilitation and maintenance. Alley Maintenance: TAVA abates graffiti, debris, and weeds within the alley public right-of-way (as needed) and reports illegal dumping to private property owners so that they can have the item(s) removed by Republic Services if applicable. Graffiti Removal: The Clean Team removes graffiti from painted surfaces (not brick or windows) up to 12’ by painting, using environmentally safe solvents, and pressure washing. TAVA’s goal is to remove all tags within 48 hours of notification. Sidewalk Pressure Washing: The Third Avenue Service Area is to have all sidewalks pressure washed quarterly through a professional company. The high use areas will be cleaned by TAVA on an as-needed basis. However, during state mandated drought years, pressure washing may not be permitted. Page 864 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 8 of 9 Downtown Chula Vista PBID Annual Planning Report FY 2023 Activity District-Wide Service Area Third Avenue Service Area Sidewalk Sweeping Weekly Daily Power Washing Sidewalks None Quarterly (4 times per year) Graffiti removal As Needed As Needed Landscape & Plantings None Daily Irrigation None As Needed Alley Cleaning Weekly Weekly Homeless Outreach: Reducing homelessness, providing the homeless with resources, and reducing disruptive behavior from street populations is a top priority among district property and business owners. In 2023, TAVA’s staff will continue to work closely with Chula Vista’s Public Works Department and the Chula Vista Police Department’s Homeless Outreach Team to collaboratively inform the homeless population of resources and alternatives to occupying private business properties. District Identity & Placemaking Committee (formerly Economic Enhancements) District Special Events: Last May 2022, TAVA launched its Third Avenue Village Farmer’s Market which has been running weekly on Sundays on Park Way between Third & Fourth Avenue. TAVA staff expects this program to continue to run weekly in 2023. Additionally, in Q1 2023, TAVA approved a new annual contract with FUSE events to begin organizing a series of special events returning to downtown in 2023. This March 2023, FUSE events will be organizing the Taste of Third event showcasing local businesses and eateries in Downtown Chula Vista. Later this summer, Downtown Chula Vista will also be hosting the annual Lemon Festival in August as well as the Amps & Ales Festival in September. In October, TAVA staff will be organizing the third annual Dia de los Muertos celebration in Memorial Park. Finally, in December, TAVA staff are partnering with City of Chula Vista special events staff to organize the annual Starlight Nights holiday celebration and tree- lighting event. Increased Public Relations & Social Media Spotlights on Downtown Chula Vista: Last year, the Third Avenue Village Association contracted with Olive Creative Strategies to begin promoting the Third Avenue commercial corridor as well as the “Downtown Chula Vista” brand as an emerging South Bay destination to live, work and shop. As a result, Downtown Chula Vista has garnered immensely positive media coverage for its local special events and community developments, successfully pairing the district’s rebound with the momentum surrounding the long- anticipated Chula Vista Bayfront Project, which is expected to significantly elevate the City of Chula Vista’s regional profile and appeal. In 2023, TAVA expects to expand the gains achieved with Olive Creative Strategies to further market and promote the Downtown Chula Vista brand and loc al stakeholders. Page 865 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 9 of 9 Downtown Chula Vista PBID Annual Planning Report FY 2023 Advocacy, Administration and Reserve Advocacy: The TAVA provides member advocacy that allows downtown property owners to project a unified voice and elevate their influence in policies and issues that affect the central business district. TAVA will continue to provide member resources via its website, committee meetings, and its professional staff. Each year, TAVA refers and introduces existing and potential members to Chula Vista’s Development Services and Economic Development Departments regarding development questions within the district. Administration: The PBID finances the professional staff & services that provides the special benefits necessary for daily operations, maintenance, landscaping, marketing, placemaking, and advocacy on behalf of the district. Funds are allocated to office and support services such as bookkeeping, legal consultation, office rent, insurance, and office equipment. Reserve: When year-end finances allow, a 5.0% operating reserve is allocated as a contingency for any payment delinquencies and/or unforeseen budget adjustments. The FY 2023 budget does include an unallocated portion of the PBID revenue (approximately $22,614.26) that is slightly below the conventional 5% contingency. SECTION 8: City of Chula Vista Base Level Services The City of Chula Vista has established and documented the base level of pre-existing City services. THE PBID DOES NOT REPLACE ANY PRE-EXISTING GENERAL CITY SERVICES. SECTION 9: Duration and Governance Duration: The PBID has a ten-year term commencing January 1, 2017, through December 31, 2026. Any major modifications or new or increased assessments during the term of the district that are not consistent with the provisions of the original Management District Plan will require a new mail ballot process. District Governance: The owner's association Third Avenue Village Association (TAVA) manages the Downtown Chula Vista PBID as established by the Chula Vista City Council. The current PBID term is from January 1, 2017, to December 31, 2026. Page 866 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda l cN#/o THIRD AVENUE VILLAGE AGREEMENT AND ENCROACHMENT PERivIIT FOR MAINTENANCE SERVICES BETWEEN THE CITY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIAT[ON This Aereement ("Aereement") is entered into effective Su-nl- ( , 2016 ("Effective Date") by and between the Third Avenue Villaee Association ("TAVA"), a private, non-profit corporation, and the City of Chula Vista ("City"), a California municipal chartered corporation. This Aereement shall also constitute an Encroachment Permit issued to TAVA by the City, as of the Effective Date, for all work to be performed by TAVA pursuant to this A reement. This Agreement and Encroachment Permit are made and issued pursuant to the followin facts: RECITALS WHEREAS, on June 17, 1980, the City established the Towne Centre #1 Street Lightine and Landscape Maintenance District (`L&LMD"), via Council Resolution 10139, to maintain the landscape and liehting beautification project alon Third Avenue; and WHEREAS, on July 24, 2001, the Ciry established the Downtown Chula Vista Property-Based Business Improvement District ("DTCV PB[D"), via Council Resolution 2001-232, which took over the L&LMD responsibilities and expanded economic development activities; and WHEREAS, the DTCV PB[D is administered by TAVA and, inter alia, provides for enhanced maintenance services by TAVA within the DTCV PBID boundaries; and WHEREAS, the DTCV PBID services the Third Avenue commercial corridor that encompasses E Street to the noRh, Landis Avenue to the west, Church Avenue to the East, and [ Street ro the south Third Avenue"); and WHEREAS, the area commonly kno vn as Third Avenue Villaee ("Village") which runs the leneth of Chird Avenue, startine at the north end of the intersection at E Street and endin at the south end of the intersection at [ Street is within the DTCV PBID boundaries; and WHEREAS, on September 17, 2002, the City appropriated funding to construct the Downtown Monument Sign ("Arch sign"), via Resolution 2002-378, and the Downtown Business Association predecessor to TAVA) a reed to cover the future electrical power, monthly maintenance and routine repair costs for the Arch sien; and WHEREAS, on July l8, 2006, the DTCV PBID was renewed for a period of 10 years pursuant ro City Resolution 2006-222/Redevelopment A ency Resolution 2006-1949; and WHEREAS, TAVA is in the process of renewine the DTCV PB[D for a new 10-year term ending December 31, 2026; and WHEEZEAS, the proposed Manaeement District Plan, includine the Engineer's Report, submitted by TAVA in conjunction with the renewal of the DTCV PBID (the "Rene val Plad'), identify certain Environmental Enhancements to be provided by the DTCV PBID, 2enerally includin: Client Files/49 7/l/K1SO40 920.DOCX}Page L of 12 2 2v 6- 2z Page 867 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda sidewalk sweeping, sidewalk pressure washine, gaffiti removaL landscapine maintenance, imoation, sidewalk maintenance, beautification, tree li hting, and other activities as set forth in the Renewal Plan; and WHEREAS, TAVA members and property owners benefit from the previously installed and planned future enhancements along Third Avenue ("Enhancements") by improvine the overall Third Avenue imaee and marketabiliry, drawing potential customers into the Villaoe; and WHEREAS, the Enhancements include, but are not limited to, the L&LMD, the Arch sien, enhancements being made pursuant to the Third Avenue Streetscape Master Plan (`TASMP"), and the Environmental Enhancements contained in the Renewal Plan; and WHEREAS, the City and TAVA are enterine into this Agreement based on the understanding that TAVA is suppoRive of the Enhancements, will perform annual maintenance of, and services to, the Enhancements, and will provide funding for the same by includine them in the Renewal Plan, and the annual PBID reports and budeet documents prepared in accordance with Califomia Streets and Highways Code Sections 36600, et seq. ("PB[D Law"); and WHEREAS, the Ciry and TAVA acknowled e that this Agreement is dependent upon renewal of the DTCV PBID, that the TAVA Responsibilities, as described in Article I of this A reement, are encompassed within the activities to be provided by the DTCV PBID pursuant to the Renewal Plan, and that the Ciry will continue to provide the basic levels of service within the DTCV PBID boundaries as those provided citywide. NOW, THEREFORE, for valuable consideration, the City and TAVA do hereby mutually a ee as Follows: All of the Recitals above are incorporated inro this Agreement by this reference. ARTICLE L TAVA'S OBLIGATIONS A. GENERAL DESCRIPTION OF bIAINTENANCE SERVICES. The Enhancements to be maintained under this a reement are typically located within the DTCV PB[D and TASMP boundaries. The "Maintenance Area" consists of Third Avenue, startine at north end of intersection at E Street and ending at south end of intersection at H Street. A map of the Maintenance Area subject to this Agreement is attached as Exhibit A. TAVA a rees, at its expense usin PB[D funds, which TAVA will allocate in sufficient amounts to allow TAVA to perform its responsibilities under this agreement, to maintain the Enhancements, as set forth more fully in Article [, Section B, at a level as determined by TAVA no less than the generally accepted preventative maintenance standards and frequency that promotes a safe, enjoyable, and vibrant environment or streetscape experience ("TAVA's Maintenance Responsibilities"). TAVA further aerees that TAVA's Maintenance Responsibilities are encompassed within the activities contemplated to be provided by the District in the Renewal Plan and will be contained in the PB[D reports and bud ets which TAVA will file with the City Clerk annually, pursuant to the PBID Law. Client Files/49 7/l/K/SO405920.DOCX}Paee 2 of 12 Page 868 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda The City agrees, at its expense, to maintain facilities as set forth more fully in Article II, Section C, at a basic level of service provided citywide. t is understood that the maintenance, repair, andlor replacement of the Enhancements that are not the oblieation of TAVA under this Aereement, are; unless otherwise agreed upon, the responsibiliry of the Ciry. However, the Ciry is not required or obligated in any manner, includine this Agreement, to perform maintenance, repair; or replacement of the Enhancements. For items listed as "Street Appurtenances" in Article I, Section B.l, elements dama ed beyond repair by unknown third parties, as determined by the City, will be removed by the Ciry and not replaced. TAVA can elect to fund replacement of the "Street Appurtenances" items at their discretion. For purposes of definition, the term "maintenance" or "maintaid' shall mean typical routine maintenance activities, including but not limited to, cleaning, paintin„ trimming, pruning, waterino, repairing and the replacement of system components of items identified in Article [, Section B of this A reement. "Replacement of system components" applies to the Imgation and Li htin Systems. Water utiliry costs from existing and future meters servicine the landscapin alone Third Avenue behveen E and H Street, as shown on Exhibit B, shall be a TAVA responsibility. Electricity cost from existin and future meters servicine the electrical needs along Third Avenue beriveen E and H Street, as shown on Exhibit B, will be proportioned bet veen the City and TAVA. Meters that serve only the auxiliary power pedestals will be the responsibility of the Ciry. A separate agreement will be required to provide payment and allow use of the auxiliary power pedestals. The remaining meters serve the low voltaee transformer for tree (tw inkle type) liahts, tree accent (up type) liehts, irrieation systems, special signage and pedestrian liohts. These meters will be in the Ciry's name andbills will be divided between the Ciry and TAVA. The City will calculate the energy usage of the pedestrian liehting only, which will be the City share of the monthly bill, and invoice TAVA for the remainine amount since all other electrical components on the meter are TAVA responsibilities. The calculation for the pedestrian lighting will be: number of liehts x wattage of lights s number of hours on) / 1000 = kilowatt hours kilowatt hours s the rate = cost of pedestrian li ht energy usage Any Ciry property and/or Enhancement that is damaged by TAVA staff or their contractors durins the course of fulfillin2 TAVA's maintenance responsibilities shall be repaired or replaced by TAVA. Repair and replacement proposals will be subject to approval of the City to ensure public safety. The City and TAVA both acknowledee that future Enhancements may be implemented in phases. Accordinely, TAVA will be required to maintain, as set forth herein, the future Enhancements after any applicable plant establishmendwarrantee period has expired and they are accepted by the Ciry. The City shall provide 30 days written notice to TAVA of the start date that TAVA is to beoin its maintenance of any future Enhancements. TAVA agrees to begin its maintenance activity by the start date stated in the City's notice. This Agreement does not othenvise relieve TAVA of its required enhanced maintenance services pursuant to the DTCV PBID. Client Files/4957/l/K/SO405920.DOCX}Pa e 3 of l2 Page 869 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda B. LaINTENANCE RESPONSIB[L[TIES OF TAVA. TAVA shall be responsible ro perform the followin and, will annually allocate and bud et appropriate PBID funds to do so: L Street Appurtenances: Street appurtenances will be maintained based upon manufacturers' recommendations or general accepted practices. Examples of sveet appurtenances are: benches; bus shelters; trash, recycling and smoking receptacles (excluding "Bi Belly" types); bicycle racks; kiosks; directional/wa nding, signa e; Third Avenue Villaee themed signa ge and banners; interpretive signs; decorative aR elements; outdoor decorative clock, at 3` Ave. & F St.) holiday decorations. Si nage shall be kept clean and intemally lit sions shall be maintained in workin condition. 2. Landscape Maintenance: All public landscaped areas, medians, planters and tree wells will be maintained including trash and debris removal, trimmin, dead headine, root prunin, watering, fertilizin and treating for disease to promote healthy growth and enhanced visual appearances. Replacement of all plantin s, except street and palm trees, that die or are damaged by unknown third parties will be funded for and at the discretion of TAVA. Street trees (consistin of existing and newly planted trees within the maintenance area) will be maintained using general standard horticultural practices proper for each particular tree. Tree branches shall be kept lifted to a minimum height of ei ht (8) feet for safe pedestrian movement around the trees, and shrubs will be trimmed, imeated and fertilized per Qeneral standard practices to insure a healthy appearance and to prevent interference with walkways and pedestrians. The median palm trees are excluded and will be maintained by the City. Street tree gates will be maintained per manufacturer 2uidelines and frequency to ensure that the street tree grates are properly maintained for condition and appearance and to prevent interference with walkways and pedestrians. 3. Irrieation Svstems: Operate, repair and replace, as needed, all imeation system components includine water and electrical utility costs. The system shall be maintained per manufacturer's uidelines and spray heads adjusted to minimize overspray into adjacent public rights of way. Dama ed irrigation controllers, communication cards and antennas, enclosures, pumps, valves, backflows, irrieation lateral and main line and sprinkler heads will be repaired or replaced, including all wirine and other imeation related electrical equipment, as soon as practical to avoid plant loss. TAVA shallVmaintain annual online Rainmaster IC service convacts for cenval control capability. IrriQation main line failures under streets or sidewalks are excluded and will be repaired by the Ciry. 4. Li htinQ Svstems: Operate, repair and replace, as needed, all decorative accent lightine systems and component and, associated calculated electrical energy cost as described in Article I, Section A. Accent lighting includes, but is not limited to, tree up-liehting, tree twinkle lights, themed signa e lightine. Accent lightine fi.rtures shall be maintained per manufacturer's guidelines and kept in working ordec Adjustments to liehting shall be performed as needed. Burnt out bulbs shall be replaced as soon as practical. Since portions on the electrical system are shared with the pedestrian lighting system (Ciry), only the system components immediately accessible (for example, the bulb/light housing, the electrical outlet for tree lights, the 6-12 inches of conduit riser below round) are to be maintained by TAVA. The remainder of the electrical system will be maintained by the City. 5. Pedestrian Areas: Clean and perform minor repairs to all pedestrian areas (concrete and brick pavers), as needed, including the removal of unsishtly materials from the sidewalks, Client Files/4957/1/K/50405920.DOCX}Page 4 of 12 Page 870 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda sweepine, and power washing. Brick pavers will be cleaned per manufacturer's euidelines and frequency and retrea[ed or resealed per manufacturer's recommendation to protect the paver surface. Pedestrian crosswalks are excluded and will be maintained by the City. 6. Electricitv and Vatec TAVA shall be responsible for the costs of and be required to provide water and electriciry to perform the maintenance services of this Aereement, including watering of vegetation. TAVA a ees to have the bill for water placed in its name and shall take all necessary actions to do so upon request by the Ciry. Electrical power meters will be in the City's name and the City will invoice TAVA the calculated power usage, as described above in Article I, Section A. 7. Graffiti. Graffiti (within 12 feet of the eround, excludine murals on private propeRy) will be removed from all features within the PBID Boundary within 72 hours of being reported. Graffiti above 12 feet will be the responsibiliry of the property owner, Public or Private. 8. General Maintenance: Perform eeneral miscellaneous maintenance services in the PBID Boundary area (including alleys) on a daily basis. General maintenance can include routine deanin, trash and debris removal (excludine hazardous waste), and minor repairs to ensure a clean and aesthetically pleasing environment throu hout the Viliage. These activities will be at the discretion of TAVA and as defined in further detail in the PB[D Renewal I Management Plan, 9. Permits. This Agreement will serve as the Encroachment Permit for TAVA to perform the activities described herein. For activities requiring traffic control on the ciry streets, a traffic control plan shall be submitted to the Traffic Engineerine Section for review and approval at no cost to TAVA. My other non-city permits that may be needed to perform the work described herein will be obtained by TAVA. Special Event permits will still be required. l0. ReportinQ of Hazardous Conditions. Any condition or hazardous situation to the general welfare of the public within the public rieht of way observed by TAVA personnel or contractors in the normal conduct of their duties under this Agreement shall be remedied, reported to the City when not within the scope of this a reement or blocked off within 43 hours of discoverin or reportina of the condition. An example of a hazardous condition would be where a tree orate has been displaced from its safe and proper settin, in such a way that a pedestrian may trip. Another example would be broken irrigation systems that would flood water if the system were activated Failure of TAVA staff or contractors to observe or appreciate hazardous conditions or situations shall not give rise to any liability by TAVA for a failure to report such conditions that are outside the scope of this Agreement ro the Ciry. C. STANDARD OF CARE. TAVA expressly warrants that the work to be performed pursuant to this A reement shall be performed in accordance with the standard of care ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. No 6Vaiver of Standard oj Care. Where approval by City is required, it is understood ro be conceptual approval only and does not relieve the TAVA 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 TAVA or its subcontractors. Client Files/4957/1/K/SO405920.DOCX}Page 5 of 12 Page 871 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda D. C0 1PLIA\'CE VITH LA VS OR REGULAT[ONS. TAVA aerees it shall compl,v with all local, state, and federal laws or regulations in the performance of this Agreement. Should a federal or state law pre-empt a local law, or rewlation, TAVA shall comply with the federal or state law and implementine reb lations. No provision of this Agreement requires TAVA to obsen e or enforce compliance with any provision, perform any other act, or do any other thine in contravention of federal, state, temtorial, or local law, rewlation, or ordinance. If compliance with any provision of this Agreement violates or would require the TAVA to violate any law or rewlation, then TAVA aerees to notify City immediately in writing. Should this occur, the City and TAVA agree that they will make appropriate arraneements to proceed with or, if necessary, amend or terminate this Aereement, or portions of it, expeditiously. TAVA a rees to take appropriate measures necessary to ensure that participants utilized by TAVA to complete its oblieations under this Agreement, such as subcontractors, comply with applicable laws, rewlations, ordinances, and policies, whether federal, state, or local, affecting Project implementatioa In addition, if a subcontractor is expected to fulfill any responsibilities of TAVA under this Aereement, TAVA shall ensure that the subcontractor carries out the TAVA's responsibilities as set forth in this Agreement. The use of participants by TAVA to fulfill the terms of the Agreement does not in any form relieve TAVA of its obligations under this Agreement. E. TAVA [NSURr1NCE REQU[REY[ENTS. TAVA a2rees that it shall acquire and maintain insurance as set forth in Exhibit C by the effective date of this Aereement or as otherwise required by the City. The City may, by written notice, chanee the insurance requirements in its sole and reasonable discretion and TAVA a ees to acquire and maintain such insurance as requested by the Ciry. F. TAVA F[JNDING. The TAVA is enterine into this Agreement based on an understandine that the Ciry will continue to contribute fiscally to the annual special assessment obli ations dern ed from the Property Based Improvement District (PBID) established on July 2001 and renewed in July 2006. Should the City cease to contribute fiscally (at the level of contribution as of the date of this Agreement or any subsequent increases approved by the Board of Directors) or the PBID be dissolved by the majority of the property owners, as prescribed under the Property and Business Improvement District Law of 1994, TAVA shall have the rieht to terminate this A;reement. Annually, TAVA shall review the maintenance operations of Third Avenue to determine efficiencies, effectiveness, contracts and other aspects of the maintenance to allocate the appropriate PBID funding for such services to be rendered under this Agreement. ARTICLE [L CITY OBLIGATIONS A. THIRD AVENUE STREETSCAPE DIASTER PLAN (TASNIP). The TASMP will be constructed in phases. Accordingly, should the City elect not to complete the TASMP, then TAVA shall solely be required ro perform the maintenance services under the terms and conditions of the Aereement for Enhancements that have been completed by the City. B. COOPERATION-DIAINTEN u\'CE SERVICES. The City will be responsible to operate, maintain and repair the following features to a basic level of service provided citywide: Client Files/49 7/l/K/5040 920.DOCX}Page 6 of l2 Page 872 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda l. Streets (includine on street parking areas) from the face of curb to the face of curb (or theoretical face of curb in the plaza area) 2. Pavement markines and stripina 3. Bollards 4. Rewlar street siens 5. Traffic sienals 6. Street and Pedestrian Liehting including the calculated electrical power 7. Palm trees in the median 8. Storm water devices indudin but not limited to "filterras" (excludine landscape type features) 9. Auxiliary electrical power system (use of the system will be a separate cost and require a separate aereement/permit) l0. The Ciry will maintain a street sweepine contract, to the exrent fundine is available, for weekly service for Third Avenue and associated streets within the Villaee, which includes the Maintenance Area, set forth in Exhibit A l l. The City shall report any repairs or new construction to TAVA staff prior to proceeding to coordinate information, schedule and notification to business within the Villaee 12. Replacement of dead/dyine street trees ARTICLE [[I. NDEM IIFICAT[ON A. DIUTUAL L\'DEMNIFICATION. The parties aeree to mutual indemnification as set forth in this Artide. l. TAVA shall defend, indemnify, protect and hold harmless the Ciry, its elected and appointed officers, aaents and employees, from and aeainst any and all claims, demands, causes of action, costs, expenses, liabiliry, loss, damage or injury, in law or equiry, to property or persons, including wrongful death, in any manner arisine out of or incident to any aileeed acts, omissions, negligence, or willful misconduct of TAVA, its officials, officers, employees, aeents, consultants, and contractors, arising out of or in connection with the performance of TAVA's maintenance responsibilities in the "Maintenance Area," or this Aereement, but only in proportion to and to the extent such liabiliry, loss, expense, attorneys' fees or claims for injury or damages are caused by or the result from the neelieent or intentional acts or omissions of TAVA, its officials, officers, employees, aeents, consultants, and/or contractors. The aforementioned proportional liability shall be determined by a reement of the parties, by arbitration (if arbitration has been agreed upon by the parties), or by a court of competent jurisdiction. 2. The City shall defend, indemnify, protect and hold harmless TAVA, its officers, agents and employees, from and aQainst any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, ro property or persons, includine wrongful death, in any manner arisine out of or incident to any alleged acts, omissions, ne ligence, or willful misconduct of the City, its officials, officers, employees, agents, consultants, and contractors, arisin out of or in connection with the performance of the City's maintenance responsibilities in the "Maintenance Area," or this Agreement, but only in proportion to and to the extent such liabiliry, loss, expense, attomeys' fees or claims for injury or damages are caused by or the result from the negligent or intentional acts or omissions of the City, its officials, officers, employees, agents, consultants, and/or Client Files/49 7/1/K/SO405920.DOCX}Pa e 7 of l2 Page 873 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda contractors. The aforementioned proportional liabiliry shall be determined by agreement of the parties, by arbitration (if arbitration has been agreed upon by the parties), or by a court of competent jurisdiction. B. COST OF DEFENSE AND A VARD. Upon receipt of an action or claim aeainst the City or TAVA or both arisin under either Party's acts or omissions as a result of this Agreement, TAVA and/or the City shall tender the action or claim to TAVA's insurance carrier for the defense aQainst such claim. Should the tender for defense be denied by the insurance carrier, each party shall then bear their own defense costs (induding reasonable attomey's fees), subject to reimbursement based in proportion to and to the extent of the paRies respective liability, as provided for in Sections A.1 and A.2 of this Artide, at the conclusion of the matter. If the Ciry or TAVA beaz their own defense costs as set foRh above, neither the Ciry nor TAVA waive any riehts or remedies they may have against the insurance camer to require them to pay all defense costs, including attomey's fees. The Parties shall also pay and satisfy anyjudement, award or decree that may be rendered a ainst them or their directors, officials, officers, employees, agents and/or volunteers, subject to the limitations in Sections A.1 and A.2. The aforementioned proportional liabiliry shall be determined by a reement of the parties, by arbitration (if arbitration has been aereed upon by the parties), or by a couR of competent jurisdiction. C. ADDITIONAL TERititS. The parties also agree to the following: L Insurance Proceeds. Each Party's obli ation to indemnify shall not be restricted to insurance proceeds, if any, received by them, their directors, officials, officers, employees, aaents, and/or volunteers. 2. Declarations. Each Party's oblioations under this Article shall not be limired by any prior or subsequent declaration by them. 3. Enforcement Costs. Each Party agrees ro pay any and all cosis incurred by the other party enforcin the indemnity and defense provisions set forth in this Article if the other party is successful in enforcin such indemnity and defense provisions. 4. SurvivaL Each PaRy's oblieations under this ARicle shall survive the termination of this A reement. ARTICLE N. TERMINATION OF AGREEMENT A. TERDIINATION FOR CAUSE. If, through any cause, TAVA shall fail to fulfill in a timely and proper manner TAVA's obligations under this A reement, or if TAVA shall violate any of the covenants, aereements or stipulations of this Agreement, Ciry shall have the right to terminate this Aereement by givin written notice to TAVA of such termination; which includes the specific alleged cause or causes, and specifying the effective date thereof at least thirty (30) days before the effective date of such termination (`'Termination Notice"). TAVA shall have the ability to cure such cause or causes or, if a cure is not possible within thirty (30) days, to begin such cure and dilieendy prosecute such cure to completion which in any event shall not exceed ninery (90) days after the receipt of such Termination Notice. TAVA hereby expressly waives any and all claims for damages or compensation as a result of termination of this Aa eement. B. TERNt[NATION OF AGREEb1ENT FOR CONVENIENCE OF CITY. Ciry may terminate this Agreement at any time and for any reason, by givin specific written notice to TAVA Client Files/49 7/1/K/5040 920.DOCX}Page 8 of l2 Page 874 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda of such termination and specifyine the effective date thereof, at least sixty (60) days before the effective date of such termination. TAVA hereby expressly waives any and all claims for damaQes or compensation as a result of termination of this Agreement. ARTICLE V. MISCELLANEOUS PROVISIONS A. AGREEDIENT REVIE V. Both parties a ree to meet and confer from time to time to identify chan es in site conditions, problems vith the maintenance sen ices and/or the eed to modify the Agreement to address same. Minor chan es to the Aoreement may be made at any time in writin upon mutual a reement of all parties. [n addition, each of the parties may call for a meetine to discuss concems, support, and ideas on how to make the maintenance services more I successful and efficient in subsequent years, B. CO I 4[JNICATIONS AND COORDINAT[ON REPRESENTAT[VES. To provide for consistent and effective communication, both parties will appoint a principal and secondary representative to serve as its central point of contact on matters relatin to this Agreement andlor the level of maintenance services in question. The principal representatives for this Agreement are listed below as follows: For TAVA: Executive Director 619) 423-1982 TAVA Board President 3 3 Third Avenue Chula Vista, CA 91910 Por City: William Valle, Assistant Director of En ineerine 619) 409-5976 276 FouRh Avenue Chula Vista, CA 91910 C. TERDI. The term of the A eement shall commence on the Effective Date and shall expire on December 31, 2026, unless otherwise terminated at an earlier date. Notwithstandine the foregoing, the parties may elect to extend the Agreement by mutual written aereement for an additional period coincidine with a PBID extension of the parties. D. EFFECTR'E DATE. The terms and conditions of this Agreement shall be effective as of the date this Agreement is signed by all parties on the Signature Page. E. ASSIGNAB[L[TY. The services of TAVA are personal to the City, and TAVA shall not assi n any interesi in this Agreement, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of Ciry. Client Files/49 7/1/K/50405920.DOCX}Pa e 9 of 12 Page 875 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 1. Limited Consent. Ciry hereby provides limited consent that TAVA may assign the performance of the aforementioned "Maintenance Sen ices° to sub-contractors, subject to City approval. F.I\'DEPENDENT CONTRr1CTOR. Ciry is interested only in the results obtained and TAVA shall perform as an independent contractor with sole control of the manner and means of performin2 the services required under this Aoeement. City maintains the rieht only to reject or accept TAVA's Maintenance Services, indudine their quality. TAVA and any of the TAVA's aeents, employees or representatives are, for all purposes under this A reement, independent contractors and shall not be deemed ro be employees of City, and none of them shall be entided to any benefits to which Ciry employees are entitled including but not limited tq overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, Ciry will not withhold state or federal income tax, social security tax or any other payroll tax, and TAVA shall be solely responsible for the payment of same and shall hold the City harmless with reeard to them. 1. Actions on Behalf of Citv. Except as Ciry may specify in writins, TAVA shall have no authority, express or imp(ied, to act on behalf of City in any capacity whatsoever, as an aeent or othenvise. TAVA shall have no authority, express or implied, to bind City or its members, a ents, or employees, to any obligation whatsoever, unless expressly provided in this Agreement. 2. No ObliQations to Third Parties. [n connection with this A eement, TAVA a rees and shall require that its agents, employees, subcontractors a ee that City shall not be responsible for any obli ations or liabilities to any third party, including its agents, employees, subcontractors, or other person or entity that is not a party to this Agreement. Notwithstandin that Ciry may have concurred in or approved any solicitation, sub agreement, or third paRy contract at any tier, City shall have no obligation or liability to any person or entity not a party to this Agreement. G. .aDMINISTRATIVE CLAIbIS REQUIREbIENTS AND PROCEDURES. No suit or arbitration shall be brought arising out of this A reement, against Ciry unless a claim has first been presented in writine 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 from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by City in the implementation of same. Upon request by City, TAVA shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. L NOTICES. Notices, demands or requests provided for or permitted to be given pursuant to this Aereement must be in writing. 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 as the places of business for each of the designated parties. Client Files/49 7/l/K/50405920.DOCX}Page l0 of l2 Page 876 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda J.INTEGRATION. This Agreement, together with any other written document referred to or contemplated in it, embody the entire Agreement and understanding between the parties relating to the subject matter hereo£ Neither this A reement nor any provision of it may be amended, modified, waived or discharged escept by an instrument in writine executed by the party aoainst which enforcement of such amendment, waiver or discharee is soueht. K. CAPACITY OF P.aRTIES. Each sienatory and paRy to this Agreement warrants and represents to the other party that it has le al authoriry and capaciry and direction from its principal to enter into this Aoreement, and [hat all necessary resolutions or other actions have been taken so as to enable it to enter into this A eement. L. GOVERi\'[\'G LAWNENUE. This Aereement shall be overned by and construed i accordance with the laws of the State of Califomia. Any action arising under or relatine to this A reement shall be broueht only in the federal or state courts located in San Dieeo County, State of Califomia, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this A reement, and performance under it, shall be the Ciry of Chula Vista. NEXT PAGE IS S[GNATURE PAGE Client Files/4957/1/K/50405920.DOCX}Page 11 of 12 Page 877 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda SIGNATURE PAGE TO THIRD AVENUE VILLAGE AGREEMENT AND ENCROACH IENT PERMIT FOR MAINTENANCE SERVICES BETWEEN THE C[TY OF CHULA VISTA AND THE THIRD AVENUE VILLAGE ASSOCIATION I WTfNESS WHEREOF, City and TAVA have executed this Agreement indicatin that they have read and understood same, and indicate their full and complete consent to its terms: For Third Avenue Vi!lage Association (TAVA): Date: o ( ` PA S, Boar es dent, Third Avenue Village Association Date: J l ` TROTiER, Secretary, Third Avenue Village Association For die Ciry of Chu(a sta: Date: M CAS[LLAS SALAS, Mayor, Ciry of Chula Vista Approved as to form: LEN R1G00 S, Atto ey, 'ry of la ista ATTEST: o ,-, DONNA R. NORR S, CMC City Clerk Client Files/4957/I/K/5040 920.DOCX}Page 12 of l2 Page 878 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda i Exhibit `:,`- Limits ofMaintenance ServiceArea E , .r f , . r '``-^ " Q,• f: ., -v. %, i \c a f -"--_, i. ii /`- ', '". t , V' ..--.- ` i- i -,/. .i\ , ,rh-., i . t; 1 ,. . ' v'.4. scet A %, /i; G lar , _y F r.r s r'.i i\, l 4.l i1/ iYi .i..;] `'+, 1 i ' G. Ta!. ;^•• ,.ot./ i . j.,'` i „ l._ i'''p, -Eyi. - N j rr al :C7 r Y - r t S- r iv oyt . i ./' 'f `i° t '` i, : V I , i .: S / yA i ,_ -.<. rz/, , i. l a t i'- i i 'l1`% , f , l'i/ ,// l ti .i , t.nl / ._ y/` j1 /` ir; m. t. 'r;. :i•8', p.i`. 1 i vs 2i'.'_ yfr iy y . i`' !rEriS , -' r!` j=,',' c 11'r fir j '"/, x.Jie s{ ,..5'L` _.;-. 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Y r ji a nrY;, I '--'` z: g€ a...e e y3 x`4e g ' I r Y YaqSEp y rj— E e r.> 3"r4_b 15 j _ Y. Fs i. : N a,-- 1 e f rov• • 14--—....'itt v: Y E"". :p i i':' I, 2i o g . a' e i lli.'- M '-[ 'ge p' 1"' ,, t :— G4. ' y `4 S^i 8 `C (S I p/e E; I " r Y,., il G't r.is,.e r r a a-_.. i'a:w; i j: y;: I E I I z i; j• x =E a a Page 881 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Y J3S I_ 1 Il. -.d- - 2 I S-r-- I: (i F i,'i, i • ' '=• — e i ; S y— I C-' IIijj I 4 f Qp s a .— 3 •6 t• l:, ar. M .iaH !e+l' Yi. S 3 l(%S! /- a q 2 y e I' : . t s Ea 1 F,t•I.i i • ( 3 i i al e.•Ff I A e. t. i i i I_ ;:I./'i 1 %il c si I (- e G y I I IsY: B „ C Y ssp Is3!:S J i=ss gli> iS Ea ie• i r i iNa f ao. 1 E[' rS' I5: . I il Yb fi ir ix;— I ° .;` L I ;• t_;i .e,? i I !'ill SEf s >iF:' C- .ij vaf I I i I i°`se : ''I I n` I I 9Epc 1. I i l EI' cs s . I I17.ur?..' — ? f h__ c'L i ic . _.-__'t A""GSOfl!^• L r—`= _ T i."_'__ n^_ — Z; I . ; 3U. f , i ,3; I o iY' I I :i I I z y. ' 'y I`i e 3 J " iu s,J i: I c' ( `1A - zz i Y v , i i i t. + it i: i i : :- € • i w ' i=!. I ' ` _ l „ III ~ il•}',,' i i n ii j . - i i r, ;, _;;, _ i; ; : I r) .t, I a ' i I c s`. 4 I' i. _ i; Il ;` ; L R i Y t r;,k k,.. y £ t Y I= :€ - i . . '_ _ A. : f,. :7— f I'_ _ ..tl _ Ti.-.'1 y" - --. r. c--, Y_ .Yy _f' / c S.5 - i : ' I; E - I i j I !i I J :-4 3 g.`' :1 'y i E.'. , i ;a>.si' - b .:re i=ai : Page 882 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda EaHIBIT C A. INSURAl'CE. TAVA aerees to abide bv the follo in insurance requirements: l. General. TAVA must procure and maintain, durine the period of perfortnance of this Agreement. and for n el e months after completion, policies of insurance from insurance companies to protect against claims for injuries to persons or damaees to propert that may arise from or in connection 1 ith the performance of the ork under this Aareement and the results of that vork bv the TAVA. his agen[s, representatives emplo ees or subcontractors. and provide documentation of same prior to commencement of+ork. 2. Minimum Scooe of Insurance. Coveraee must be at least as broad as: a. CGL. lnsurance Sen ices Office Commercial General Liabilin coveraQe occurrence Form CG0001). a. .9uro. Insurance Sen ices Office Form \'umber CA 0001 coverine Automobile Liabilit, Code I (any auto). b. bi'C. \Vorkers' Compensation insurance as required b the State of Califomia and Employers Liability Insurance. c. E80. Professional Liabilit or Errors R Omissions Liabilitv insurance appropriate to the TAVA's profession. Architects' and Engineers' coveraee is to be endorsed to include contracmal liabilitv. 3. Minimum Limits of Insurance. TAVA must maintain limits no less than those included in the table below: i. General Liability: 1,000,000 per occurrence for bodil injun_ personal Includine injury. (includine death). and propem damaee. If operations, Commercial General Liabilit insurance vith a oeneral products and aggregate limit is used: either the general aegregate limit completed must apply separately to this Projecdlocation or the operations, as eeneral aegreeate limit must be rnice the required applicable) occurrence limit. ii. Auromobile 1:000,000 per accident for bodih• injur. including death. Liabilit•: and propem damaee. iii. Workers' Statutor Compensation SI,000,000 each accident Employers SI,000.000 disease-policy limit Liabilitv: 1.000.000 disease-each em lo ee Page 883 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda i. Professional 1.000.000 each occurrence Liabilit or Errors & Omissions Liabilih: If TAVA maintains hieher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained b TAVA. 4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the Cit, either the insurer H ill reduce or eliminate such deductibles or self-insured retentions as they pertain to the City, its officers, officials, employees and volunteers; or TAVA will provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions. The genera] liability, automobile liability, and where appropriate, the tvorker's compensation policies are to contain, or be endorsed to contain, the following provisions: a. Addiiio aal Insui•eds. City of Chula Vista, iu officers, officials, employees, agents, and volunteers are Yo be named as additional insureds ith respect to all policies of insurance, including those with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of TAVA, where applicable, and, with respect to liability arising out of work or operations performed by or on behalf of TAVA, induding pro iding materials. parts or equipment fumished in connec[ion with such work or operations. The general liability additional insured coverage must be pro ided in the form of an endorsement to TAVA's insurance usine ISO CG 2010 (11/8) or its equivalent Specifically, the endorsement must not e clude Products/Completed Operations coverage. b. Primury b7surunce. TAVA's General Liabiliq insurance coverage must be primary insurance as it pertains to the City, its officers, officials, employees, a ents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is holly separate from the insurance of 'I'AVA and in no way relieves TAVA from its responsibility to provide insurance. c. Cuncellarion. The insurance policies required by this Agreement shall not be canceled by either party, except after thirty days' prior H-ritten notice to the Cit b certified mail. rewm receipt requested. The words "rill endeavor' and "but failure to mail such notice shall impose no obligation Page 884 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda or liabilih of am kind upon the comaam, its a enu, or representati es" shall be deleted from alI certificates. d. .9ctrve :'egli ence. Coveraee shall not estend to any indemnit- co eraee for the active neslieence of the additional insureds in an case here an aereement to indemnif the additional insured ould be invalid under Subdi ision (b) of Section 2782 of the Civil Code. e. i an er of Subrogation. TAVA's insurer N ill pro ide a VJaiver of Subrogation in fa or of the Cin• for each required polic pro iding coveraee for the term required b this Asreement. 6. Claims Fortns. If General Liabilih. Pollution and/or Asbestos Pollution Liabilitv and/or Erzors & Omissions co eraee are rritten on a claims-made fortn: a. Rerro Date. The "Retro Date" must be shown. and must be before the date of the Aereement or the beainning ofthe t ork required b the Aereement. b. Alaintena ice u ad Evidence. Insurance must be maintained and e idence of insurance must be pro ided for at least fi e years after completion of the rork required by the Aereement. c. Cancellation. If coveraee is canceled or non-rene ved, and not replaced i ith another claims-made polic} form with a "Retro Date ' prior to the effecti e date of the Aereement, TAVA must purchase "estended reporting' covera e for a minimum of five ears after completion of the ork required b the Agreement. d. Copres. A copy of the claims reportine requirements must be submitted to the Citv for revie t. 7. Acceptabilin• of Insurers. Insurance is to be placed with licensed insurers admitted to transact business in the State of Califomia ith a current A.M. Best`s rating of no less than A V. If insurance is placed with a surplus lines insurer. insurer must be listed on the State of California List of Elieible Surplus Lines Insurers (LESLI) with a current A.h9. Besrs ratins of no less than A . Exception ma be made for the State Compensation Fund •hen not specifically rated. Page 885 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 8. Verification of Co era e. TAVA shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Aareement. The endorsements should be on insurance industry forms, provided those endorsements or policies conform to the requirements of this A reement. AIl certificates and endorsements are to be received and approved by the Cit before vork commences. The City reserves the right to require; at any time, complete, certified copies of all required insurance policies, including endorsements e idencin the coveraee required by these specifications. 9. Subcontractors. TAVA must indude all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor All coverage for subcontractors is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obli ations. Insurance provisions under this Article shall not be construed to limit TAVA's obligations under this Agreement, including Indemnit. Page 886 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2023 ANNUAL REPORT FOR THE DOWNTOWN CHULA VISTA PROPERTY-BASED IMPROVEMENT DISTRICT. WHEREAS, the City Council of the City of Chula Vista established a Third Avenue Property-Based Improvement District (PBID) on July 24, 2001; and WHEREAS, the PBID was renewed in 2006 for an additional ten years; and WHEREAS, the PBID was renewed in 2016 and is currently in its seventh year of another ten-year term for the period January 1, 2017 through December 31, 2026; and WHEREAS, the Third Avenue Village Association (TAVA) is the owner’s association for the PBID; and WHEREAS, the owner’s association is required by the California Streets and Highways Code to prepare an annual report for City Council consideration; and WHEREAS, TAVA has submitted its annual report for fiscal year January 1, 2023 through December 31, 2023 and filed it with the City Clerk. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts TAVA’s 2023 annual report for the Downtown Chula Vista Property-Based Improvement District. Presented by Approved as to form INTERIM ACTING CITY ATTORNEY Lounsbery Ferguson Altona & Peak LLP By: Eric C. Crockett Jill D.S. Maland Deputy City Manager/Director of Economic Development Page 887 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Community Update on Downtown Chula Vista Presentation to Chula Vista City Council By Dominic LiMandri, District Manager (DCVA) March 7, 2023 Page 888 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Downtown Chula Vista Assoc. | A New Chapter Page 889 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Third Avenue Under New Management For the last 20 years, day-to-day management of the Third Avenue (downtown) commercial district has been overseen by the Third Avenue Village Association (TAVA), a local 501c6 non-profit. In August 2021, New City America (NCA) was hired on as the executive team to manage the Third Avenue Village Association. NCA has extensive experience managing other prominent commercial districts in California, having managed the Little Italy Association in San Diego, CA. for the last 20+ years. We hope to continue to build up and promote Downtown Chula Vista as a family-friendly and walkable place to shop, visit, and live. Page 890 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Highlights This Past Year: Began in mid-August 2021 Expanded Maintenance Operation from 1 to 3 Personnel Successfully launched Third Ave Village Farmer’s Market on Sundays Launched a comprehensive organizational rebranding campaign Secured multiple County Grants from County SD Supervisor Nora Vargas for Third Avenue pedestrian enhancements Organized or Assisted in Planning 5-6 Various Downtown Events and/or Programs Created a New 501c3 to Assist in Transition of District from c6 to c3 Page 891 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Downtown-Centric Events This Past Year El GritoCV Block PartyFarmer’s MarketTaste of Third Amps & AlesLemon Festival Día De Los Muertos Starlight Nights Page 892 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda A New Spotlight on Downtown CV Page 893 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda New Initiatives Expected in 2023 Continue to implement Downtown Chula Vista rebranding campaign Continue to support and build out downtown specific programming and events Implement New Pedestrian Enhancements Purchased via Local & County grants Continue DCVA’s Collaboration w/ City on Downtown Parking, Homelessness, Economic Development & Public Safety Investigate Growing the Boundaries of the PBID Page 894 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda New Amenities Coming to Downtown Page 895 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Memorial Park Plaza Concept Footprint Page 896 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Imagining a New Central Plaza for Downtown Page 897 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Public Space/Landscape Design Concepts/Visual Aids Page 898 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 899 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Thank you! QUESTIONS? MAIN OFFICE: (619) 422-1982 INFO@DOWNTOWNCHULAVISTA.COM Page 900 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Item 9.1 -City Manager’s Reports Update on Harborside Park Presented by: Stacey Kurz, Director of Housing & Homeless Services Page 901 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Safety Forums •June 2 •July 14 Park Closure & Connect Event •August 31 Community Outreach •September 21 •October 25 •November 14 Community Survey •October Park Closure History https://chulavistaca.gov/parkupdates Page 902 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Long-Term Solutions Page 903 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Short Term Solutions Page 904 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda March•New security plan •Draft concept plans April•Community Survey Concept plans Themes •Pop Up Events Walmart/Costco S. Bay Earth Day 4/15 Day of the Child 4/22 May•Report to Council Survey Results Phased Improvements for Reopening Master Plan/Construction Documents Next Steps https://chulavistaca.gov/parkupdates Page 905 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 906 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 907 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 908 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 909 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 910 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 911 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 912 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 913 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 914 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 915 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 916 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 917 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 918 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 919 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 920 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 921 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 922 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 923 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 924 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 925 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 926 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 927 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 928 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 929 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 930 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 931 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 932 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 933 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 934 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 935 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 936 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 937 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda CityClerklntern From: Webmaster Sent: Wednesday, February 18, 2015 2:58 PM To:CityClerk Subject: City of Chula Vista Boards & Commissions Application - Web form A new entry to a form/survey you have subscribed to has been submitted. Form Name: Boards&Commissions Application Date&Time: 02/18/2015 2:57 PM Response#: 8 Submitter ID: 301 IP address: Time to complete: 18 min. , 22 sec. Survey Details Page 1 1. Please indicate your areas of interest by checking the boxes below. x] Growth Management Oversight Commission If you checked more than one box,which would be your: 2. First choice? Growth Management Oversight commission 3. Second choice? Not answered 4. Third choice? Not answered 5. For the following board/ commissions,please submit your resume: Board of Ethics, Board of Library Trustees,Civil Service Commission,Growth Management Oversight Commission, Parks& Recreation Commission 6. Prefix o) Mr. 7. First and Last Name Rodney Caudillo 8. Home Address Page 938 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 9. City Chula Vista 10. ZIP code 11. Primary Phone 12. Secondary Phone Not answered 13. E-mail 14. Are you registered to vote in Chula Vista? o)Yes 15. Do you live within the City limits of Chula Vista? o)Yes 16. How Long? 14 years 17. Present employer Self Employed 18. Occupation Financial advisor 19. Are you currently serving on a Chula Vista Board/Commission? o)Yes 20. Which ones? Safety Commission 7 years 21. Have you previously served on a Chula Vista Board/Commission? o)Yes 22. Which ones? Safety Commission 23. Are you or have you been involved in any local,civic or community groups? 0)Yes 24. Which ones? President Eastlake 2 HOA Page 939 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda 25. What are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas? Interested in the Cities growth/planning and to make sure we continue to build and maintain healthy and safe neighborhoods. I have been very involved in the community I live in. I am our Board President and have helped shaped policy to ensure our neighborhoods have remained safe and properly managed. My one strength is my ability to forecast and be proactive with issues and to find solutions to potential community problems. 26. What would you hope to accomplish by your participation? To continue to ensure residents that our quality of living remains at the highest level while our city continues to grow and prosper. Make sure that our resources are adequate and utilized properly in regards to future developments. I am familiar with the responsibilities of the Boards and Commissions on which I wish to serve.By submitting this application,I hereby attest that the above information is accurate and true. Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'. Please do not reply directly to this email. Page 940 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda RODNEY CAUDILLO , Chula Vista, Ca OBJECTIVE Seeking the GMOC Commissioner position to ensure the residents of Chula Vista that the growth in the southeastern section meets the demand. I will make sure the quality of life remains at the highest level and that we operate efficiently. WORK EXPERIENCE 1991-1999 First Wall Street Investments, Financial Advisor. La Jolla, Ca Managed Customers Investment accounts, Made financial management decisions for customers, Retirement planning, Managed 401 K portfolios for large corporations. Business development. 1999-Present Wedbush Morgan Securities, Vice President Investments. La Jolla, Ca Investment portfolio Management with Individuals and large financial institutions. Design and implement large and complex Investment portfolios. Design and construct large 401k platforms for corporations. Business development, Retirement planning, Branch manager. RELATED EXPERIENCE 2007-2015 Chairman of the Safety commission for our the city of Chula Vista, Ca worked with the engineering department. Conceived and developed ideas and suggestions to contribute to the improvement of personal, traffic or property safety within the city. EDUCATION 1991 BS degree in Business Administration San Diego State University, finance. Page 941 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 942 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 943 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 944 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 945 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 946 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 947 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda Page 948 of 957 City of Chula Vista City Council March 7, 2023 Post Agenda James C. Clark Clark is a native of Illinois, and a graduate of the University of Illinois at Urbana with a B.S. in Marketing. After military service in New York, Fort Knox, Kentucky, and Würzburg, Germany, he began his professional career in San Diego as an advertising account executive. Among his clients at the time were the San Diego Padres, Caliente Racecourse and various real estate developments. With a partner, he moved north and founded a Los Angeles-based magazine company to publish airline in- flight and hotel magazines. Clark was Associate Publisher and Editor-in-Chief of all the publications. When he left that company—East/West Network—ten years later, more than 60 percent of all commercial flights in the United States carried the company’s magazines. These included such carriers as Continental, Delta, Eastern, Pan Am, PSA and United. Hotels included Westin, Holiday Inn, and InterContinental. Following publishing ventures included serving as President/Publisher of San Francisco Magazine, the city magazine for the Bay Area, and Publisher of The Executive, a business magazine that profiled Los Angeles and Orange County companies through the eyes of those companies’ chief executive officers. Clark was also Director of Magazine Development at Freedom Communications in Irvine, and interim publisher of both World Trade and Latin Trade magazines, based in Irvine and Miami, respectively. Clark was the Founding Executive Director of the San Diego/Tijuana Smart Border Coalition. The Coalition is the leading bi-national organization working to ease border wait times between California and Baja California. It is the only regional organization with board members equally from both San Diego and Tijuana. The Coalition also helps promote the San Diego-Tijuana Region for investment and is an advocacy group for bi-national border efficiency issues in Mexico City and Washington. Clark was also the Founding Director of the San Diego Regional Chamber of Commerce Mexico Business Center and led the organization for 11 years. Before joining the SDRCC, he was Director for the Californias of the United States-Mexico Chamber of Commerce, based in Los Angeles. The United States-Mexico Chamber is headquartered in Washington, D. C. He also helped lead public policy trips to Washington and Mexico City. Clark is a citizen of the United States and holds Permanent Residency status in Mexico. Clark was the Coordinator for the Tri-lateral North American Competitiveness and Innovation Conferences held annually in San Diego 2010-2013 under the auspices of the United States Department of Commerce and its Canada and Mexico counterparts. He has been on the Board of Directors of Mainly Mozart/Promotora de Bellas Artes, South County Economic Development Council, and the German American Foundation where he was the binational chair. He is an International Friendship Commissioner for the City of Chula Vista and serves on the Advisory Boards of San Diego Citizen’s Diplomacy Council, San Diego World Affairs Council, XLNC1 Classical Radio, LEAD San Diego and Tijuana Innovadora. He is the Binational Director for Mainly Mozart working with the MM youth orchestra and those of several Mexican cities. He has been a Member of the Board of Directors of the International Community Foundation and Olivewood Gardens and Learning Center as well as having served as the U.S. California Regional Team Leader for FUMEC’s BIMI (Border Intelligent Manufacturing Initiative). He has been a member of the Society of American Travel Writers (SATW). He continues as an Honorary Board Member of the San Diego/Tijuana Smart Border Coalition. He was inducted into the Tijuana Paseo de la Fama in 2015. Clark has been honored by the Congress of the United States, California State Senate, the State of Baja California, the Consulates General of Canada, Mexico and the United States, Tijuana Economic Development Corporation, and the Mayors of San Diego and Tijuana for his service to the region. Clark currently works on projects between San Diego/Tijuana and the Bajio Region of Mexico. He is also a Senior Advisor for the Institute of the Americas. 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