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Home My WebLink About2023/06/13 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, June 13, 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 June 13, 2023 Post Agenda Page 2 of 338 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Zoe Bulls Proclaiming the Month of June 2023 Alzheimer's Brain Awareness Month in the City of Chula Vista 4.2 Presentation and Update by Chief Sustainability Officer Dennis Gakunga on the Chula Vista Community Shuttle Program 8 5.CONSENT CALENDAR (Items 5.1 through 5.8) 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: Council approve the recommended action on the below consent calendar items. 5.1 Approval of Meeting Minutes 18 RECOMMENDED ACTION: Approve the minutes dated: June 6, 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 Requests for Excused Absences RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4 Gann Limit: Establish Appropriation Limits for Fiscal Year 2023/24 24 Report Number: 23-0112 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 establishing the appropriations limit (Gann Limit) for the City of Chula Vista for Fiscal Year 2023/24. City of Chula Vista City Council June 13, 2023 Post Agenda Page 3 of 338 5.5 Road Maintenance: Adopt a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act of 2017 30 Report Number: 23-0093 Location: Citywide Department: Engineering Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3). RECOMMENDED ACTION: Adopt a resolution adopting a list of projects for Fiscal Year 2023/24 funded by the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1: The Road Repair and Accountability Act of 2017. 5.6 Heritage Bridge Replacement Project: Appropriate Highway Bridge Program Funds to the Heritage Bridge Replacement Project 44 Report Number: 23-0143 Location: Heritage Road between Main Street and Entertainment Circle North Department: Engineering Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. RECOMMENDED ACTION: Adopt a resolution appropriating $3,045,432 of Highway Bridge Program funds based on unanticipated revenue to the Heritage Bridge Replacement Project (STM0386). (4/5 Vote Required) 5.7 Agreement: Approve an Agreement with Pacific Secured Equities Doing Business As Intercare Holdings Insurance Services, Inc., as the City’s Workers' Compensation Third Party Administrator 54 Report Number: 23-0154 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. City of Chula Vista City Council June 13, 2023 Post Agenda Page 4 of 338 RECOMMENDED ACTION: Adopt a resolution approving an agreement with Pacific Secured Equities, doing business as Intercare Holdings Insurance Services, Inc., as the City’s Workers' Compensation Third Party Administrator. 5.8 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Amended Position Count; Revised Ordinance; Revised Compensation Schedule; Updated Conflict of Interest Code; and Budget Amendments 83 Report Number: 23-0120 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 Classification Plan and Compensation Schedule to reflect salary adjustments for certain classifications and amending the authorized position count in various departments effective July 14, 2023; (B) Approving the revised Fiscal Year 2023-24 Compensation Schedule effective July 14, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and (D) Amending the Fiscal Year 2022-23 and the Fiscal Year 2023-24 budget to appropriate funds, accordingly (4/5 Vote Required); and Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Communications Manager and delete the unclassified position title of FA Graphic Designer/Webmaster. (First Reading) (4/5 Vote Required) 6.PUBLIC COMMENTS 175 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. City of Chula Vista City Council June 13, 2023 Post Agenda Page 5 of 338 7.1 Privacy and Technology: Place an Ordinance on First Reading to Add Chula Vista Municipal Code Chapter 2.73, Establishing a Privacy and Technology Advisory Commission 176 Report Number: 23-0149 Location: No specific geographic location Department: Information Technology Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Place an ordinance on first reading to establish a Privacy and Technology Advisory Commission under Chula Vista Municipal Code Chapter 2.73. (First Reading) 7.2 Presentation of the Fiscal Year 2024 Economic Development Work Plan: Elev8 Chula Vista 287 Location: No specific geographic location Department: Economic Development Environmental Notice: The activity is not a “Project” as defined in Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Hear the presentation and accept Economic Development’s Fiscal Year 2024 Work Plan. 8.CITY MANAGER’S REPORTS 9.MAYOR’S REPORTS 10.COUNCILMEMBERS’ COMMENTS 11.CITY ATTORNEY'S REPORTS City of Chula Vista City Council June 13, 2023 Post Agenda Page 6 of 338 12.ADJOURNMENT to the regular City Council meeting on July 11, 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 June 13, 2023 Post Agenda Page 7 of 338 City Council Update 06/13/2023 Page 8 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Clean Mobility Options Voucher Program (CMO) •June 2021 -Chula Vista awarded $997,833 to launch Community Shuttle Program through the Clean Mobility Options Voucher Program •March 2023 –Additional $500,000 to enhance the program and recover increased expenses Page 9 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CCDC Involvement Page 10 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Vehicles 5 2022 Kia Niro EV ●100% electric ●Driver + 4 passengers ●200+ mile range 1 Lightning Electric Transit Van ●100% electric ●Driver + 6 passengers + wheelchair ●140 mile range Page 11 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda June 1, 2022 -May 31, 2023 Page 12 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda June 1, 2022 -May 31, 2023 Total Rides 14,181 Total Riders 17,190 Average Wait Time 8:19 Vehicle Miles Traveled (VMTs)28,467 miles Gallons of Gas Saved 1,799 Greenhouse Gas (GHG) Emissions Saved 15.99 metric tons Non-Ambulatory Rides 1,736 Page 13 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Age Demographics Page 14 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Chula Vista Community Shuttle program was one of 5 projects statewide spotlighted by the Office of the Governor in April 2023 Page 15 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Future Funding Opportunities Grant Opportunities Advertising Revenue Fare Revenue Local Partnerships Page 16 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Thank you RideCircuit.com @ride_circuit Page 17 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda City of Chula Vista Regular Meeting of the City Council Meeting Minutes June 6, 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: Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney: 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 Deputy Mayor Preciado led the Pledge of Allegiance and Mayor McCann called for a moment of silence in remembrance of D-Day. 4. CONSENT CALENDAR (Items 4.1 through 4.7) Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 4.1 through 4.7. The headings were read, text waived. The motion carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Result, Carried (5 to 0) Page 18 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2023/06/06 City Council Meeting Regular Page 2 4.1 Approval of Meeting Minutes Approve the minutes dated: May 16, 2023, 4:00 p.m. and 5:00 p.m., and May 23, 2023. 4.2 Waive Reading of Text of Resolutions and Ordinances Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 4.3 Consideration of Requests for Excused Absences Consider requests for excused absences as appropriate. No requests were received at that meeting. 4.4 Position Titles: Amend the Chula Vista Municipal Code to Add the Unclassified Position Titles of Building Official, Deputy Director City Clerk Services, and Code Enforcement Manager (Second Reading and Adoption) Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 to add the Unclassified Position Titles of Building Official, Deputy Director City Clerk Services, and Code Enforcement Manager. (Second Reading and Adoption) (4/5 Vote Required) ORDINANCE NO. 3550 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLES OF BUILDING OFFICIAL, DEPUTY DIRECTOR CITY CLERK SERVICES, AND CODE ENFORCEMENT MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 4.5 Grant Award: Accept a Grant from the California Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program Adopt a resolution accepting $163,585 of grant funds from the California Board of State and Community Corrections for the Officer Wellness and Mental Health Grant Program and amending the Fiscal Year 2023/24 budget for that purpose. (4/5 Vote Required) RESOLUTION NO. 2023-072 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS, AMENDING THE FISCAL YEAR 2023/24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 4.6 Agreement: Approve an Agreement with SBCS Corporation for Youth Counseling Services Adopt a resolution waiving the consultant selection process and approving an agreement with SBCS Corporation for youth counseling services. RESOLUTION NO. 2023-073 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH SBCS CORPORATION FOR YOUTH COUNSELING SERVICES Page 19 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2023/06/06 City Council Meeting Regular Page 3 4.7 Investment Report: Quarter Ending March 31, 2023 Accept the investment report for the quarter ending on March 31, 2023. 5. PUBLIC COMMENTS Ruben Padilla spoke regarding park space in Calexico. Mary Davis, Chula Vista resident, spoke in opposition to the Welcoming City program. Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance. Lillie Hebert, Chula Vita resident, expressed concern regarding an incident at Chula Vista Elementary School District. John Acosta, Chula Vista resident spoke regarding Councilmembers. Delia Dominguez- Cervantes, Chula Vista resident, spoke regarding City matters. Mariana Saponara, Chula Vista resident, spoke regarding D-Day and traffic on Nacion Avenue. Christine Brady, Chula Vista resident, spoke regarding arts and culture. Becky Rapp spoke regarding matters related to cannabis. At the request of Mayor McCann there was a consensus of the City Council to direct the City Manager to add an item to a future City Council agenda to consider supporting AB 1207 - Cannabis Candy Child Safety Act. Robert Johnson submitted written communications regarding the Brown Act and the Welcoming City program. Michele Nojd submitted written communication regarding the process of obtaining public input. 6. BOARD AND COMMISSION REPORTS 6.1 Charter Review Commission: Presentation by the Charter Review Commission to City Council Regarding the Ranked Choice Voting Concept Charter Review Commission Vice Chair Buddingh spoke regarding the item. City Council discussion ensued. John Acosta, Chula Vista resident spoke regarding elections. The following members of the public spoke in opposition to ranked choice voting:  Delia Dominguez-Cervantes, Chula Vista resident  Mary Davis Kim Knox submitted written communications in support of ranked choice voting. Robert Johnson submitted written communications in opposition to ranked choice voting. Page 20 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2023/06/06 City Council Meeting Regular Page 4 7. ACTION ITEMS 7.1 Eucalyptus Park: Approve the Park Master Plan for Renovation of Eucalyptus Park and Reallocate American Rescue Plan Act Funds to Capital Improvement Project PRK0340 (Eucalyptus Park) for Related Construction Costs Mayor McCann stated he would abstain from voting on Item 7.1 due to a potential property-related conflict of interest. He left the dais during the discussion and voting on the item. Landscape Architect McDonnell gave a presentation on the item. She and Director of Development Services Black responded to questions of the City Council. Steve Stenberg, Chula Vista resident, spoke regarding funding for the park. Michele Nojd submitted written communication in opposition to staff's recommendation. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2023-074, the heading was read, text waived. The motion carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) RESOLUTION NO. 2023-074 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (1) APPROVING THE PARK MASTER PLAN FOR THE RENOVATION OF EUCALYPTUS PARK; (2) APPROVING A TENTH AMENDMENT TO THE AMERICAN RESCUE PLAN ACT SPENDING PLAN; AND (3) REALLOCATING FUNDS AND AMENDING THE AMERICAN RESCUE PLAN ACT BUDGET THEREFOR (4/5 VOTE REQUIRED) 7.2 Easement: Order the Summary Vacation of a Portion of a Public Service Easement Within the Otay River Business Park Specific Plan Associate Engineer Phillips gave a presentation on the item. Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To adopt Resolution No. 2023-075, the heading was 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) Page 21 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2023/06/06 City Council Meeting Regular Page 5 RESOLUTION NO. 2023-075 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A PORTION OF A PUBLIC SERVICE EASEMENT RESERVED BY THE COUNTY OF SAN DIEGO WITHIN PARCEL 1 OF CERTIFICATE OF COMPLIANCE ER484 OF OTAY RIVER BUSINESS PARK 8. CITY MANAGER’S REPORTS There were none. 9. MAYOR’S REPORTS Mayor McCann spoke regarding the Norman Park Senior Center upgrades and his attendance at the opening of In & Out Burger on Main Street and recent graduation ceremonies in the City. 10. COUNCILMEMBERS’ COMMENTS Deputy Mayor Preciado spoke regarding the City's Arts Master Plan, homelessness and recent visits to Harborside and Hilltop Parks. Councilmember Chavez spoke regarding her attendance at the following recent events: graduations ceremonies in the City, the Chula Vista Fleet Reserve's memorial service honoring the fallen, and the National Latina Foundation mixer. She congratulated Assistant Police Captain Collum for being chosen as a Pride honoree for the California Legislative LGBTQ Caucus and Assemblymember Alvarez for the unanimous passage of AB 837 through the California Assembly. Councilmember Cardenas spoke in support of arts and culture in the City and extended Pride Month greetings. 10.1 Deputy Mayor Preciado: Consideration of Potential Rescission of the City Council Action Taken to Appoint Jesse Navarro to the Measure A Citizens' Oversight Committee Deputy Mayor Preciado spoke regarding the item. The following members of the public spoke in opposition to the item:  Mary Davis  John Acosta, Chula Vista resident  Robert Garcia, Chula Vista resident  Delia Dominguez-Cervantes, Chula Vista resident  David Ardilla, San Diego resident  Jesse Navarro, Chula Vista resident  Alvaro La Rue  Joel Garcia Marcy Weaver, representing the Chamber of Commerce, spoke regarding the Chamber's nominations for the seat. City Council discussion ensued. Page 22 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2023/06/06 City Council Meeting Regular Page 6 Moved by Deputy Mayor Preciado Seconded by Councilmember Cardenas To rescind the action taken on May 16, 2023 to appoint Jesse Navarro to the Measure A Citizens’ Oversight Committee. Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado No (1): Mayor McCann Result, Carried (4 to 1) 10.2 Councilmember Gonzalez: Consider the formation of an ad hoc subcommittee for the purpose of informing the City's strategic plan and budget process. Councilmember Gonzalez spoke regarding the item. John Acosta, Chula Vista resident, spoke regarding the budget. Moved by Councilmember Gonzalez Seconded by Deputy Mayor Preciado To form an ad hoc subcommittee consisting of Deputy Mayor Preciado and Councilmember Gonzalez for a period of 90 days for the purpose of informing the City's strategic plan and budget process. Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 11. CITY ATTORNEY'S REPORTS There were none. 12. ADJOURNMENT The meeting was adjourned at 7:19 p.m. Minutes prepared by: Tyshar Turner, Assistant City Clerk _________________________ Kerry K. Bigelow, MMC, City Clerk Page 23 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda v . 0 03 P a g e | 1 June 13, 2023 ITEM TITLE Gann Limit: Establish Appropriation Limits for Fiscal Year 2023-24 Report Number: 23-0112 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 establishing the appropriations limit (Gann Limit) for the City of Chula Vista for Fiscal Year 2023-24. SUMMARY Article XIIIB of the California Constitution approved by the voters in 1979 requires each local government to establish an Appropriations Limit for the General Fund by resolution each year at a regularly scheduled meeting or noticed special meeting. The purpose of the limit is to restrict spending of certain types of revenues to a level predicated on a base year amount increased annually by an inflation factor. 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 approval of this resolution establishing the City’s appropriation limit for fiscal year 2023-24 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. Page 24 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 2 DISCUSSION Article XIIIB of the California Constitution, approved by the voters in 1979, imposed the concept of spending limits on local governments. This Constitutional provision and related implementing legislation specifies that annual increases in general fund appropriations financed from “Proceeds of Taxes” are limited to a base year (1978-79) amount increased annually by an inflation factor comprised of the change in population of the City combined with the greater of the change in new non-residential construction or the change in the California per capita personal income. By definition, “Proceeds of Taxes” includes such revenues as property taxes, sales and use taxes, utility user taxes, transient occupancy taxes, and state subventions. Revenues from other sources like fees/charges and federal grants are considered “Non-Proceeds of Taxes” and are not subject to the annual spending limit. This calculation has always been perfunctory for the City of Chula Vista, since the proceeds of taxes for the City are far less than the statutory appropriation limit. The State Department of Finance and the San Diego County Assessor’s Office are charged with providing the data necessary for local jurisdictions to establish their appropriation limit. According to these sources, for purposes of the fiscal year 2023-24 calculation, the population increased 0.26%. California per capita personal income increased by 4.44% and new non-residential construction increased by 2.30% consequently per capita personal income was used in the formula to compute the limit since this increase is the greater of the two amounts. The fiscal year 2023-24 Appropriation Limit has been calculated as follows: Fiscal Year 2022-23 Appropriations Limit $1,225,401,274 Increased by an inflation factor composed of the Increase in Population and Increase Per capita income change X 1.0471154 Fiscal Year 2023-24 Appropriations Limit $1,283,136,594 The “Proceeds of Taxes” as included in the fiscal year 2023-24 Proposed Budget that are subject to the appropriations limit are estimated to be $213,488,768 (see Attachment A). Therefore, the City has what is referred to as an appropriation “gap” of $1,069,647,826 ($1,283,136,594 - $213,488,768). Simply stated, this means that the City could collect and spend up to $1,069,647,826 more in taxes during Fiscal Year 2023-24 without exceeding the Constitutional limit. 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 The adoption of the resolution will result in no fiscal impact. Page 25 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 3 ONGOING FISCAL IMPACT This action will enable the City to appropriate and spend tax revenues estimated at $213,488,768 included in the proposed budget for fiscal year 2023-24. ATTACHMENTS Attachment A: FY2023-24 Gann Limit Staff Contact: Sarah Schoen, Director of Finance/Treasurer Page 26 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING THE APPROPRIATIONS LIMIT (GANN LIMIT) FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2023-2024 WHEREAS, Article XIIIB of the California Constitution, approved by the voters in 1979, imposed the concept of spending limits on local governments; and WHEREAS, this Constitutional provision and related implementing legislation specifies that annual increases in appropriations financed from "Proceeds of Taxes" are limited to a base year (1978-79) amount increased annually by an inflation factor comprised of the change in population of the City combined with the greater of the change in new non-residential construction or the change in the California per capita personal income; and WHEREAS, by definition, "Proceeds of Taxes" includes such revenues as property taxes, sales and use taxes, utility users taxes, transient occupancy taxes, and state subventions; and WHEREAS, revenues from other sources like fees/charges and federal grants are considered "Non-Proceeds of Taxes" and are not subject to the annual spending limit; and WHEREAS, this calculation has always been perfunctory for the City of Chula Vista, since the proceeds of taxes for the City are far less than the statutory appropriation limit; and WHEREAS, the State Department of Finance and the San Diego County Assessor's Office are charged with providing the data necessary for local jurisdictions to establish their appropriation limit; and WHEREAS, according to these sources, for purposes of the fiscal year 2023-2024 calculation, the population increased 0.26%, and WHEREAS, California per capita personal income increased by 4.44% and new non- residential construction increased by 2.30% and; consequently per capita personal income change was used in the formula to compute the limit since this increase is the greater of the two amounts; and WHEREAS, the fiscal year 2023-24 Appropriation Limit has been calculated to be $1,283,136,594; and WHEREAS, the "Proceeds of Taxes" as included in the fiscal year 2023-24 Proposed Budget that are subject to the appropriations limit are estimated to be $213,488,768; and WHEREAS, the City has what is referred to as an appropriation "gap" of $1,069,647,826 ($1,283,136,594 – $213,488,768); and Page 27 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Resolution No. 2019-__________ Page 2 WHEREAS, this means that the City could collect and spend up to $1,069,647,826 more in taxes during Fiscal Year 2023-2024 without exceeding the Constitutional limit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the Cit y of Chula Vista does hereby establish an appropriations limit of $1,283,136,594 for Fiscal Year 2023-24 pursuant to the requirements of Article XIIIB of the California Constitution and California Government Code section 7910. Presented by Approved as to form by _________________________________ _________________________________ Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 28 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda ATTACHMENT A APPROPRIATION (GANN) LIMIT GAP CALCULATION FOR FISCAL YEAR 2023-24 FY 2023-24 Proceeds of Taxes Adopted Budget Property Taxes 46,000,996 Property Tax in Lieu of VLF 29,290,041 Sales and Use Taxes 102,761,522 Transient Ocupancy Taxes 7,724,829 Utility Taxes 3,838,095 Other Local Taxes Franchise Fees 14,807,521 Short-Term Rentals/RV Park TOT 1,624,891 Real Property Transfer Tax 1,418,310 Cannabis Excise Tax 2,777,510 Business License 1,597,484 State Motor Vehicle Licenses 255,738 State Homeowners Property Taxes 228,246 State Subventions (BSCC Prop 64)1,000,000 State Subventions (BSCC Wellness Mental Health)163,585 Total Proceeds of Taxes 213,488,768 Appropriation Limit 1,283,136,594 GAP (Under Limit)(1,069,647,826) $0 $200 $400 $600 $800 $1,000 $1,200 $1,400 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24MillionsProceeds of Taxes Compared to Legal Spending Limit Proceeds of Taxes Page 29 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda v . 0 03 P a g e | 1 June 13, 2023 ITEM TITLE Road Maintenance: Adopt a List of Projects for Fiscal Year 2023/24 Funded by SB 1: The Road Repair and Accountability Act of 2017 Report Number: 23-0093 Location: Citywide Department: Engineering Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3). Recommended Action Adopt a resolution adopting a list of projects for Fiscal Year 2023/24 funded by the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1: The Road Repair and Accountability Act of 2017. SUMMARY Pursuant to the Streets and Highways Code (SHC) Section 2034(a)(1), prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a City must submit to the California Transportation Commission (CTC) a list of projects proposed to be funded with these funds. Staff is requesting that the City Council adopt a resolution approving the City’s RMRA Project Lists for Fiscal Year 2023/24. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facil ities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15061(b)(3) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Page 30 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Road Repair and Accountability Act of 2017 (SB1) established the Road Maintenance and Rehabilitation Account (RMRA) which provided new funds to cities and counties throughout California to use for roadway maintenance and rehabilitation. SB1 increased per gallon fuel excise taxes, diesel fuel sales taxes and vehicle registration taxes, stabilized the fuel tax rates and provided for inflationary adjustments to rates in future years. Required Annual Authorization The RMRA local streets and roads allocations are intended to be focused on improving the overall condition of the municipality’s pavement condition. Once a municipality reaches an average Pavement Condition Index (PCI) of 80, other transportation related projects could be proposed. As of May 2023, the City’s average PCI is 71 (good); therefore, RMRA funds should be utilized specifically for roadway maintenance and rehabilitation. Prior to receiving an apportionment of RMRA funds from the CTC in a fiscal year, the City must submit to the Commission an adopted list of projects proposed to be funded with these funds by July 1st each year. All projects proposed to receive the fiscal year funding must be adopted by resolution by the City Council at a regular public meeting for each fiscal year (Streets and Highway Code (SHC) Section 2034(a)(1). The adopted list must include a description and the location of each proposed project, the estimated useful life of the improvement, and a proposed schedule for the project’s completion. The projected RMRA revenue for Chula Vista in FY2023/24 is $6,842,191 (Attachment 1) which was programmed with the adoption of the City’s FY2023/24 CIP Program on May 23, 2023. The proposed project lists STL0465 and STM0413 for FY2023/24 (Attachment 2), which includes street segments consisting of public roadway segments with PCI ratings between 15 to 62 that are recommended for Rehabilitation treatment, and PCI ratings between 76 to 91 that are recommended for Maintenance treatment. The overall City average PCI is projected to increase as these projects and other paving projects with TransNet funding are completed. The RMRA also requires that the City submit an annual expenditure report for all active and completed projects funded by the RMRA. The annual report will provide details on the projects completed to date and any updates to the original listing. This is the seventh year in which the City is receiving SB 1 funding and will enable the City to supplement the road maintenance and rehabilitation efforts needed on streets throughout the City. The following are the previously adopted SB1 RMRA projects, including status: PROJECT STATUS FY2017/18 (CIP STM0395) Completed FY2018/19 (CIP STM0396) Completed FY2019/20 (CIP STM0400) Construction Phase FY2020/21 (CIP STM0401) Construction Phase Page 31 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 3 FY2021/22 (CIP STL0457) Design Phase FY2021/22 (CIP STM0410) Design Phase (continued) PROJECT STATUS FY2022/23 (CIP STL0460) Design Phase FY2022/23 (CIP STM0412) Design Phase The projects proposed for adoption in FY2023/24, CIP STL0465 - RMRA Pavement Maintenance FY2023/24 and CIP STM0413 - RMRA Pavement Rehabilitation FY2023/24, are estimated to start construction work in Summer of 2024 with completion by December of 2024. Maintenance of Effort [Streets and Highways Code Sec. 2036] The RMRA contains a local agency Maintenance of Effort (MOE) requirement that applies to funds allocated through the RMRA. Similar to the existing requirements for the Gas Tax and TransNet, the MOE requirement ensures that these new funds do not supplant existing levels of city and county discretionary revenue spending on streets and roads. For RMRA, the City must maintain discretionary fund spending for street, road, and highway purposes at no less than the average of 2009/10, 2010/11, and 2011/12 fiscal years, excluding one-time funds. The RMRA MOE for Chula Vista is $4,515,412 (Attachment 3). The City anticipates meeting the MOE requirement for FY2023/24. The State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that the City has not met its MOE, the City will be required to reimburse the state for the funds it received during that fiscal year, although the City may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance. Due to this requirement, the City established a separate account for RMRA funds within the Gas Tax Account. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor McCann has property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the member’s property will not be affected dis proportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT This action relates to funds to be received and expenditures to be incurred in fiscal year 2023/24, resulting in no net fiscal impact in the current year. Page 32 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 4 ONGOING FISCAL IMPACT Projected RMRA revenues totaling $6,842,191, along with any remaining funds from previously completed RMRA projects, were programmed in the adopted FY2023/24 CIP Program, resulting in no net impact to the RMRA Fund in fiscal year 2023/24. Upon completion of the project, the improvements will require only routi ne City Street maintenance. Since the improvements are anticipated to increase the life of the streets included, there should be a positive long- term fiscal impact. ATTACHMENTS 1. Local Streets and Roads – Projected Revenues 2. RMRA Lists of Projects for FY2023/24 3. RMRA MOE FY10 through FY12 Staff Contact: William S. Valle, Director of Engineering and Capital Projects Patrick Moneda, Senior Civil Engineer Page 33 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Attachment 1 Page 34 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda ATTACHMENT 2 PROJECT NAME: PROJECT DESCRIPTION: EST. PROJECT SCHEDULE: EST. USEFUL LIFE: PROJECT LOCATION: Road Name Begin Location End Location Functional Classification PCI (2023) Fiscal Year BUENA VISTA WY S RANCHO DEL REY PW E H ST COLLECTOR 53 FY23/24 BUENA VISTA WY BUENA VISTA CT TELEGRAPH CANYON RD COLLECTOR 61 FY23/24 E ST FOURTH AVE SECOND AVE COLLECTOR 45 FY23/24 LAZO CT SCDS PASEO DEL REY COLLECTOR 15 FY23/24 OLEANDER AV E OXFORD ST E PALOMAR ST COLLECTOR 33 FY23/24 OLEANDER AV E PALOMAR ST QUINCE ST COLLECTOR 35 FY23/24 OLEANDER AV E NAPLES ST E OXFORD ST COLLECTOR 44 FY23/24 OLEANDER AV QUINCE ST OLYMPIC PW COLLECTOR 53 FY23/24 OLEANDER AV JAMUL CT E NAPLES ST COLLECTOR 56 FY23/24 OLEANDER AV OLYMPIC PW SEQUOIA ST COLLECTOR 62 FY23/24 PASEO DEL REY LAZO CT E H ST COLLECTOR 19 FY23/24 PASEO DEL REY E J ST BAJO DR COLLECTOR 54 FY23/24 TELEGRAPH CANYON RD L ST I -805 FREEWAY RAMP ARTERIAL 45 FY23/24 TELEGRAPH CANYON RD MEDICAL CENTER DR PASEO LADERA ARTERIAL 51 FY23/24 TELEGRAPH CANYON RD PASEO LADERA PASEO RANCHERO ARTERIAL 53 FY23/24 TELEGRAPH CANYON RD BUENA VISTA WY APACHE DR ARTERIAL 55 FY23/24 TELEGRAPH CANYON RD PASEO RANCHERO BUENA VISTA WY ARTERIAL 58 FY23/24 TELEGRAPH CANYON RD APACHE DR LA MEDIA RD ARTERIAL 60 FY23/24 JURISDICTION AVERAGE NETWORK PCI: 71 as of 5/3/2023 PROJECT LEAD:William S. Valle Office: (619) 409-5976 e-mail: WValle@chulavistaca.gov SENATE DISTRICT:40 ASSEMBLY DISTRICT:79, 80 RMRA Pavement Rehabilitation – FY2023/24 (STM0413) (PROPOSED LIST) Project includes pavement overlays and reconstruction of various streets in the City. The rehabilitation treatments are based on the recommendations from the City's Pavement Management System. Project is funded by the Road Maintenance and Rehabilitation Account (RMRA). 03/2024 – 12/2024 20-25 YEARS Page 35 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda ATTACHMENT 2 PROJECT NAME: PROJECT DESCRIPTION: EST. PROJECT SCHEDULE: EST. USEFUL LIFE: PROJECT LOCATION: Road Name Begin Location End Location Functional Classification PCI (2023) Fiscal Year ARROWHEAD CT INDIAN CREEK DR ECDS RESIDENTIAL 73 FY23/24 BOULDER CREEK ST S GREENSVIEW DR CRYSTAL SPRINGS DR RESIDENTIAL 83 FY23/24 CLUBHOUSE DR SILVERADO DR HUNTE PW RESIDENTIAL 70 FY23/24 CLUBHOUSE DR EASTLAKE PW S GREENVIEW DR RESIDENTIAL 73 FY23/24 CLUBHOUSE DR S GREENSVIEW DR SILVERADO DR RESIDENTIAL 79 FY23/24 COBB MEADOW PL WATERVILLE LAKE RD SCDS RESIDENTIAL 76 FY23/24 CRYSTAL DOWNS DR NCDS SCDS RESIDENTIAL 79 FY23/24 CRYSTAL SPRINGS DR S GREENSVIEW DR BOULDER CREEK ST RESIDENTIAL 79 FY23/24 CYPRESS POINT CT RIVIERA DR ECDS RESIDENTIAL 76 FY23/24 DISCOVERY BAY DR BAY HILL DR SPANISH BAY RD RESIDENTIAL 80 FY23/24 EASTRIDGE LP N GREENSVIEW DR SUMMERHILL AV RESIDENTIAL 74 FY23/24 FOREST LAKE DR PEACHTREE CI WILLOW CREEK CI RESIDENTIAL 85 FY23/24 FOREST MEADOW CT WCDS S GREENVIEW DR RESIDENTIAL 82 FY23/24 FOREST OAKS DR FAIRWAY OAKS DR ECDS RESIDENTIAL 85 FY23/24 INDIAN CREEK DR CLUBHOUSE DR PONTE VEDRA WY RESIDENTIAL 83 FY23/24 INDIAN CREEK PL PONTE VEDRA WY SCDS RESIDENTIAL 81 FY23/24 N GREENSVIEW DR PINE ISLAND DR GREENSGATE DR RESIDENTIAL 74 FY23/24 N GREENSVIEW DR HUNTE PW PINE ISLAND DR.RESIDENTIAL 75 FY23/24 PARK MEADOWS RD NCDS N GRENNSVIEW DR RESIDENTIAL 81 FY23/24 PEACHTREE CI WILLOW CREEK CI WILLOW CREEK CI RESIDENTIAL 84 FY23/24 PINEHURST RD SILVERADO DR SILVERADO DR RESIDENTIAL 74 FY23/24 RIVIERA DR RIVIERA WY SIVERADO DR RESIDENTIAL 79 FY23/24 RIVIERA WY SILVERADO DR RIVIERA DR RESIDENTIAL 85 FY23/24 S GREENSVIEW DR WATERVILLE LAKE RD CLUBHOUSE DR RESIDENTIAL 71 FY23/24 S GREENSVIEW DR CRYSTAL SPRINGS DR BOCA RATON ST RESIDENTIAL 72 FY23/24 S GREENSVIEW DR BOCA RATON ST GREEN RIVER DR RESIDENTIAL 73 FY23/24 S GREENSVIEW DR GREEN RIVER DR SILVERADO DR RESIDENTIAL 74 FY23/24 S GREENSVIEW DR GREENSGATE DR WATERVILLE LAKE RD RESIDENTIAL 81 FY23/24 (PROPOSED LIST) Project includes pavement maintenance, Rubber Polymer Modified Slurry (RPMS) with Digouts, based on the recommendations from the City's Pavement Management System. Project is funded by the Road Maintenance and Rehabilitation Account (RMRA). 03/2024 – 12/2024 7-10 YEARS RMRA Pavement Maintenance – FY2023/24 (STL0465) 2 Page 36 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda ATTACHMENT 2 Road Name Begin Location End Location Functional Classification PCI (2023) Fiscal Year SEA ISLAND PL WATERVILLE LAKE RD SCDS RESIDENTIAL 79 FY23/24 SILVERADO DR CLUBHOUSE DR BAY HILL RD RESIDENTIAL 78 FY23/24 SILVERADO DR BAY HILL DR RIVIERA DR RESIDENTIAL 82 FY23/24 SILVERADO DR RIVIERA DR S GREENSVIEW DR RESIDENTIAL 85 FY23/24 WATERVILLE LAKE RD AMELIA ISLAND DR CRYSTAL DOWNS DR RESIDENTIAL 70 FY23/24 WATERVILLE LAKE RD N GREENSVIEW DR AMELIA ISLAND DR RESIDENTIAL 82 FY23/24 JURISTICTION AVERAGE NETWORK PCI: 71 as of 5/3/2023 PROJECT LEAD:William S. Valle Office: (619)409-5976 e-mail: WValle@chulavistaca.gov SENATE DISTRICT:40 ASSEMBLY DISTRICT:79, 80 3 Page 37 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Attachment 3Page 38 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. 2023- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023/24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of City of Chula Vista (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $6,842,191 in RMRA funding in Fiscal Year 2023/24 from SB1; and WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 55 streets/roads (Exhibit 1), add active transportation infrastructure throughout the City this year, and numerous similar projects into the future; and WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade keep our streets and roads in “good” condition; and Page 39 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Resolution No. 2023- Page 2 WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, as follows: 1. The foregoing recitals are true and correct. 2. The City of Chula Vista adopts the attached list of proposed projects (Exhibit 1) to be funded in-part or solely with Fiscal Year 2023/24 SB 1: Road Maintenance and Rehabilitation Account revenues. Presented by Approved as to form By: William S. Valle Jill D.S. Maland Director of Engineering & Capital Projects Lounsbery Ferguson Altona & Peak Acting City Attorney Page 40 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda EXHIBIT 1 PROJECT NAME: PROJECT DESCRIPTION: EST. PROJECT SCHEDULE: EST. USEFUL LIFE: PROJECT LOCATION: Road Name Begin Location End Location Functional Classification PCI (2023) Fiscal Year BUENA VISTA WY S RANCHO DEL REY PW E H ST COLLECTOR 53 FY23/24 BUENA VISTA WY BUENA VISTA CT TELEGRAPH CANYON RD COLLECTOR 61 FY23/24 E ST FOURTH AVE SECOND AVE COLLECTOR 45 FY23/24 LAZO CT SCDS PASEO DEL REY COLLECTOR 15 FY23/24 OLEANDER AV E OXFORD ST E PALOMAR ST COLLECTOR 33 FY23/24 OLEANDER AV E PALOMAR ST QUINCE ST COLLECTOR 35 FY23/24 OLEANDER AV E NAPLES ST E OXFORD ST COLLECTOR 44 FY23/24 OLEANDER AV QUINCE ST OLYMPIC PW COLLECTOR 53 FY23/24 OLEANDER AV JAMUL CT E NAPLES ST COLLECTOR 56 FY23/24 OLEANDER AV OLYMPIC PW SEQUOIA ST COLLECTOR 62 FY23/24 PASEO DEL REY LAZO CT E H ST COLLECTOR 19 FY23/24 PASEO DEL REY E J ST BAJO DR COLLECTOR 54 FY23/24 TELEGRAPH CANYON RD L ST I -805 FREEWAY RAMP ARTERIAL 45 FY23/24 TELEGRAPH CANYON RD MEDICAL CENTER DR PASEO LADERA ARTERIAL 51 FY23/24 TELEGRAPH CANYON RD PASEO LADERA PASEO RANCHERO ARTERIAL 53 FY23/24 TELEGRAPH CANYON RD BUENA VISTA WY APACHE DR ARTERIAL 55 FY23/24 TELEGRAPH CANYON RD PASEO RANCHERO BUENA VISTA WY ARTERIAL 58 FY23/24 TELEGRAPH CANYON RD APACHE DR LA MEDIA RD ARTERIAL 60 FY23/24 JURISDICTION AVERAGE NETWORK PCI: 71 as of 5/3/2023 PROJECT LEAD:William S. Valle Office: (619) 409-5976 e-mail: WValle@chulavistaca.gov SENATE DISTRICT:40 ASSEMBLY DISTRICT:79, 80 RMRA Pavement Rehabilitation – FY2023/24 (STM0413) (PROPOSED LIST) Project includes pavement overlays and reconstruction of various streets in the City. The rehabilitation treatments are based on the recommendations from the City's Pavement Management System. Project is funded by the Road Maintenance and Rehabilitation Account (RMRA). 03/2024 – 12/2024 20-25 YEARS Page 41 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda EXHIBIT 1 PROJECT NAME: PROJECT DESCRIPTION: EST. PROJECT SCHEDULE: EST. USEFUL LIFE: PROJECT LOCATION: Road Name Begin Location End Location Functional Classification PCI (2023) Fiscal Year ARROWHEAD CT INDIAN CREEK DR ECDS RESIDENTIAL 73 FY23/24 BOULDER CREEK ST S GREENSVIEW DR CRYSTAL SPRINGS DR RESIDENTIAL 83 FY23/24 CLUBHOUSE DR SILVERADO DR HUNTE PW RESIDENTIAL 70 FY23/24 CLUBHOUSE DR EASTLAKE PW S GREENVIEW DR RESIDENTIAL 73 FY23/24 CLUBHOUSE DR S GREENSVIEW DR SILVERADO DR RESIDENTIAL 79 FY23/24 COBB MEADOW PL WATERVILLE LAKE RD SCDS RESIDENTIAL 76 FY23/24 CRYSTAL DOWNS DR NCDS SCDS RESIDENTIAL 79 FY23/24 CRYSTAL SPRINGS DR S GREENSVIEW DR BOULDER CREEK ST RESIDENTIAL 79 FY23/24 CYPRESS POINT CT RIVIERA DR ECDS RESIDENTIAL 76 FY23/24 DISCOVERY BAY DR BAY HILL DR SPANISH BAY RD RESIDENTIAL 80 FY23/24 EASTRIDGE LP N GREENSVIEW DR SUMMERHILL AV RESIDENTIAL 74 FY23/24 FOREST LAKE DR PEACHTREE CI WILLOW CREEK CI RESIDENTIAL 85 FY23/24 FOREST MEADOW CT WCDS S GREENVIEW DR RESIDENTIAL 82 FY23/24 FOREST OAKS DR FAIRWAY OAKS DR ECDS RESIDENTIAL 85 FY23/24 INDIAN CREEK DR CLUBHOUSE DR PONTE VEDRA WY RESIDENTIAL 83 FY23/24 INDIAN CREEK PL PONTE VEDRA WY SCDS RESIDENTIAL 81 FY23/24 N GREENSVIEW DR PINE ISLAND DR GREENSGATE DR RESIDENTIAL 74 FY23/24 N GREENSVIEW DR HUNTE PW PINE ISLAND DR.RESIDENTIAL 75 FY23/24 PARK MEADOWS RD NCDS N GRENNSVIEW DR RESIDENTIAL 81 FY23/24 PEACHTREE CI WILLOW CREEK CI WILLOW CREEK CI RESIDENTIAL 84 FY23/24 PINEHURST RD SILVERADO DR SILVERADO DR RESIDENTIAL 74 FY23/24 RIVIERA DR RIVIERA WY SIVERADO DR RESIDENTIAL 79 FY23/24 RIVIERA WY SILVERADO DR RIVIERA DR RESIDENTIAL 85 FY23/24 S GREENSVIEW DR WATERVILLE LAKE RD CLUBHOUSE DR RESIDENTIAL 71 FY23/24 S GREENSVIEW DR CRYSTAL SPRINGS DR BOCA RATON ST RESIDENTIAL 72 FY23/24 S GREENSVIEW DR BOCA RATON ST GREEN RIVER DR RESIDENTIAL 73 FY23/24 S GREENSVIEW DR GREEN RIVER DR SILVERADO DR RESIDENTIAL 74 FY23/24 S GREENSVIEW DR GREENSGATE DR WATERVILLE LAKE RD RESIDENTIAL 81 FY23/24 (PROPOSED LIST) Project includes pavement maintenance, Rubber Polymer Modified Slurry (RPMS) with Digouts, based on the recommendations from the City's Pavement Management System. Project is funded by the Road Maintenance and Rehabilitation Account (RMRA). 03/2024 – 12/2024 7-10 YEARS RMRA Pavement Maintenance – FY2023/24 (STL0465) 2 Page 42 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda EXHIBIT 1 Road Name Begin Location End Location Functional Classification PCI (2023) Fiscal Year SEA ISLAND PL WATERVILLE LAKE RD SCDS RESIDENTIAL 79 FY23/24 SILVERADO DR CLUBHOUSE DR BAY HILL RD RESIDENTIAL 78 FY23/24 SILVERADO DR BAY HILL DR RIVIERA DR RESIDENTIAL 82 FY23/24 SILVERADO DR RIVIERA DR S GREENSVIEW DR RESIDENTIAL 85 FY23/24 WATERVILLE LAKE RD AMELIA ISLAND DR CRYSTAL DOWNS DR RESIDENTIAL 70 FY23/24 WATERVILLE LAKE RD N GREENSVIEW DR AMELIA ISLAND DR RESIDENTIAL 82 FY23/24 JURISTICTION AVERAGE NETWORK PCI: 71 as of 5/3/2023 PROJECT LEAD:William S. Valle Office: (619)409-5976 e-mail: WValle@chulavistaca.gov SENATE DISTRICT:40 ASSEMBLY DISTRICT:79, 80 3 Page 43 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda v . 0 03 P a g e | 1 June 13, 2023 ITEM TITLE Heritage Bridge Replacement Project: Appropriate Highway Bridge Program Funds to the Heritage Bridge Replacement Project Report Number: 23-0143 Location: Heritage Road between Main Street and Entertainment Circle North Department: Engineering Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. Recommended Action Adopt a resolution appropriating $3,045,432 of Highway Bridge Program funds based on unanticipated revenue to the Heritage Bridge Replacement Project (STM0386). (4/5 Vote Required) SUMMARY The Heritage Bridge Replacement Project (STM0386) is partially funded under the federal Highway Bridge Program (HBP). Additional funds have been authorized by Caltrans for additional design costs and the purchase of mitigation bank credits required to meet environmental permitting procedures. ENVIRONMENTAL REVIEW The City’s Development Services Director 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 adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any and all addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. Page 44 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Heritage Bridge Replacement Project (STM0386) includes replacement of an existing 4-lane timber deck bridge with a 450-foot bridge designed with 6 through-lanes, 2 left-turn lanes, 2 shoulder/bike lanes, sidewalks, railings and a median. HBP Appropriation Under the Federal HBP, Caltrans has granted the Heritage Bridge Replacement Project (STM0386) an additional $3,045,432 to purchase off-site mitigation bank credits, finalize environmental permits, and proceed to advertisement. Adoption of this resolution will appropriate $3,045,432 of HBP funds. Receipt of HBP funds obligates the City to contribute 11.47% of the disbursement ($395,000), while federal funding covers the remaining 88.53%. The Heritage Bridge Replacement Project (STM0386) is currently funded with HBP and transportation development impact fee (TDIF) funds and will use programmed TDIF funds in the Fiscal Year 2023-24 Capital Improvement Budget to satisfy grant local match requirements. The appropriation of HBP funds will ensure the project complies with environmental permitting conditions pertaining to off-site mitigation and purchase said credits and proceed to the construction phase of the project. The current project schedule anticipates breaking ground in Fall 2024. 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 appropriates additional Federal HBP grant funding of $3,045,432 to the Heritage Bridge Replacement Project (STM0386). Expected costs and funding sources for the project’s design phase are as follows: PROJECT COSTS A. Preliminary Engineering & Right of Way $6,508,231 B. Mitigation Bank Credits $3,240,000 TOTAL $9,748,231 Page 45 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 3 FUNDING SOURCES A. Appropriations to Date: HBP $4,137,892 B. Appropriations to Date: TDIF $2,169, 907 C. Approved as part of FY24 CIP Program (TDIF) $395,000 D. New Appropriation: HBP $3,045,432 TOTAL $9,748,231 Staff will return to Council to appropriate additional HBP and TDIF funds when the project is ready for construction. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the proposed action, as the Heritage Bridge Replacement Project (STM0386) has adequate funding to meet federal local match requirements and complete the design work. A future appropriation of additional HBP and TDIF funds will be required when the project is ready for construction. ATTACHMENTS 1. Caltrans Funding Authorization ‘E76’ document 2. RTIP Program Funding Summary 3. Plan Title Sheet Heritage Bridge Replacement Project (STM0386) Staff Contact: David Hicks, Associate Civil Engineer William Valle, Director of Engineering & Capital Projects Page 46 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING HIGHWAY BRIDGE PROGRAM FUNDS BASED ON UNANTICIPATED REVENUE TO THE HERITAGE BRIDGE REPLACEMENT PROJECT (STM0386) WHEREAS, Caltrans has previously awarded the City grant funding under the Highway Bridge Program (HBP) for the Heritage Bridge Replacement Project (STM0386); and WHEREAS, Environmental resource agencies have identified project mitigation measures required for the project; and WHEREAS, the City has identified off-site mitigation bank credits for purchase to meet environmental compliance requirements; and WHEREAS, additional funds were required to finalize design plans and specifications for STM0386; and WHEREAS, the Federal Highway Bridge Program (HBP) will continue to reimburse the City for 88.53% for all participating costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it appropriates $3,045,432 of Highway Bridge Program (HBP) funds based on unanticipated revenue to STM0386. Presented by Approved as to form By: William Valle Jill D.S. Maland Director of Engineering and Capital Projects Lounsbery Ferguson Altona & Peak Acting City Attorney Page 47 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Page 48 of 338City of Chula Vista City Council June 13, 2023 Post Agenda Page 49 of 338City of Chula Vista City Council June 13, 2023 Post Agenda Page 50 of 338City of Chula Vista City Council June 13, 2023 Post Agenda 2020/21-2025/26 Highway Bridge Program See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) 1)The purpose of this list is to show which projects being advanced by local agencies have met the eligibility requirements of the federal Highway Bridge Program and have been prioritized for funding by the Department in cooperation with local agencies for funding. 2)Please see the Local Assistance web site for the most current listings: http://www.dot.ca.gov/hq/LocalPrograms/hbrr99/HBP_FSTIP.html 3)Contractual funding levels are determined at time of federal authorization/obligation for given phase of work. For details see Chapter 3 of the Local Assistance Procedures Manual. 4)For FTIP/FSTIP purposes, Federal Highway Bridge Program (HBP) funding constraint is managed by Caltrans. 5)Prop 1B bond funds (Local Seismic Safety Retrofit Program (LSSRP)) used for matching federal funds are also managed by Caltrans. 6)Financial constraint of LOCAL matching funds (including regional STIP funds) and LOCAL Advance Construction (AC) is the responsibility of the MPOs and their local agencies. 7)Some projects show that they are programmed using State STP funds. These funds are HBP funds transferred to the STP for bridge work that is not ordinarily eligible for HBP funds. See the HB Program Guidelines for details. Do not confuse these STP funds with Regional STP funds. 8)Corrections to this report should be addressed to the District Local Assistance Engineer: http://www.dot.ca.gov/hq/LocalPrograms/dlae.htm Note id:12 Notes: 3/22/2023, 1:04 PM Caltrans, Division of Local Assistance Page 13/22/2023, 1:04 PM Det2 FL4 SmlTxt Page 51 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2020/21-2025/26 Highway Bridge Program District:County: Responsible Agency 11 San Diego Total See the appropriate FTIP/FSTIP for current funding commitments. This listing includes projects that should be individually listed in the FTIP/FSTIP. (Line item projects only) Prior 20/21 21/22 22/23 23/24 24/25 25/26 Beyond Chula Vista BRIDGE NO. 57C0670, HERITAGE ROAD, OVER OTAY RIVER, 1.9 MI E/O RTE I-805. Bridge Replacement. Replace 4 lane bridge to 6 lane bridge that accommodates shoulders, sidewalks and median. (Other federal funds on project, must also be programmed in FSTIP.) Fund Source Summary: PE R/W Total 400,000 3,974,000 CON Total 33,814,000 33,814,000 700,000 3,440,000 7,714,000 400,000 700,000 3,440,000 33,814,000 41,928,000 3,574,000 Phase Summary: Fed $ Local AC Local Match Total 455,818 3,974,000 LSSRP Bond Total 619,710 3,045,432 14,967,767 14,967,767 37,118,858 80,290 394,568 3,878,466 4,809,142 14,967,767 -14,967,767 700,000 3,440,000 33,814,000 41,928,000 3,518,182 HPLU-5203(028)Fed Proj: Prior 20/21 21/22 22/23 23/24 24/25 25/26 Beyond Prior 20/21 21/22 22/23 23/24 24/25 25/26 Beyond PE Summary: Proj id Funds Src TotalPhase Phase Funding Details: Fed $ Local AC Local Match Total 409,938 3,574,000 LSSRP Bond Total 619,710 3,045,432 6,829,204 80,290 394,568 884,796 700,000 3,440,000 7,714,000 3,164,062 Prior 20/21 21/22 22/23 23/24 24/25 25/26 Beyond Prior 20/21 21/22 22/23 23/24 24/25 25/26 Beyond 3955 HBP 3,045,432PE3,045,432 Local Match 394,568394,568 Total:3,440,000Fed. Reimb. Rate:88.53% New! 3/20/2023 DLA-Admin: PE funds revised to reflect LAPG 6D dated 3/13/23. 3955 HBP 619,710 -619,710PE Local Match 80,290 -80,290 Total:Fed. Reimb. Rate:88.53%10-22-2020 DLA-Admin: PE funds match 2020 September Survey request. 7/13/2020 Bryan Ott: Move $700,000 in PE funds from 21/22 to 20/21 for agency to complete final design (final stage PS&E) per CHV request on July 2020. 3955 HBP 619,710PE-619,710 Local Match 80,290-80,290 Total:Fed. Reimb. Rate:88.53%10/30/2019 DLA-Admin: PE funds moved from 19/20 to 21/22. Action taken to financially constrain the FTIP(PUSH). Caltrans, Division of Local Assistance Page 23/22/2023, 1:04 PM Det2 FL4 SmlTxt Page 52 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda X X XXXXXXXXXWORK TO BE DONE: SPECIAL NOTES: PRE-CONSTRUCTION CONFERENCE AS-BUILTS ENGINEER OF WORK CERTIFICATE GENERAL NOTES: BROWN FIELD MUNICIPAL AIRPORT VICINITY MAP NOT TO SCALE PROJECT LOCATION 125 805 IMPORTANT NOTICE SECTION 4216/4217 OF THE GOVERNMENT CODE REQUIRES A DIG ALERT IDENTIFICATION NUMBER BE ISSUED BEFORE A "PERMIT TO EXCAVATE" WILL BE VALID. FOR YOUR DIG ALERT I.D. NUMBER, CALL UNDERGROUND SERVICE ALERT TOLL FREE 8-1-1 TWO WORKING DAYS BEFORE YOU DIG. BENCHMARK BASIS OF COORDINATES: (NAD83) “ ” STATION NORTHING EASTING VERTICAL CONTROL: (NAVD88) BENCHMARK ELEVATION 100% DESIGN APRIL 2023 M A I N S T R E E T NIRVANA ROADMAXWELL ROADENTERTAINMENT CIR N. ENT E R T A I N M E N T C I R S .H E R I T A G E R O A D TS TS TS TS CIP#: STM0388 CIP# STM0386 BRLS-5203(039) CIP PROJECT MAP SCALE: 1"=500' 905 Page 53 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda v . 0 03 P a g e | 1 June 13, 2023 ITEM TITLE Agreement: Approve an Agreement with Pacific Secured Equities Doing Business As Intercare Holdings Insurance Services, Inc., as the City’s Workers' Compensation Third Party Administrator Report Number: 23-0154 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an agreement with Pacific Secured Equities, doing business as Intercare Holdings Insurance Services, Inc., as the City’s Workers' Compensation Third Party Administrator. SUMMARY California employers, including cities, are required to provide workers’ compensation benefits when employees are injured on the job. The City of Chula Vista, in compliance with its workers’ compensation obligations, has a self-insured workers’ compensation program. To administer the City of Chula Vista’s workers’ compensation program, the City requires a qualified workers’ compensation claims management service company to supervise and administer the workers’ compensation claims and pay benefits to injured workers on behalf of the City’s self-insured program. Staff is recommending that the City Council authorize the City Manager to execute a second agreement with Intercare Holdings Insurance Services, Inc., to act as the third-party administrator (“TPA”) for the City’s workers’ compensation program, effective July 1, 2023, for a period of three years with the option to extend in one-year increments for up to an additional three years. Page 54 of 338 City of Chula Vista City Council June 13, 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 Not applicable. DISCUSSION California employers, including cities, are required to provide workers’ compensation benefits when employees are injured on the job. The City of Chula Vista, in compliance with its workers’ compensation obligations, has a self-insured workers’ compensation program. To administer the City of Chula Vista’s workers’ compensation program, the City requires a qualified workers’ compensation claims man agement service company (commonly called “third party administrators” or “TPA”) to supervise and administer the workers’ compensation claims and pay benefits to injured workers on behalf of the City’s self -insured program. In 2017, staff completed Request For Proposal (RFP) P15-16/17 and recommended Intercare Insurance (“Intercare”) be selected as the City’s TPA. Prior to this RFP, TPA services had been provided by TriStar Risk Management for a period of 22 years. On June 20, 2017, Council approved Intercare as the City’s TPA effective July 1, 2017, for a period of one year with the option to extend in one-year increments for up to an additional five years. Effective June 30, 2023, Intercare will have provided TPA services for the City for a period of six years. Staff is recommending that the City Council authorize the City Manager to execute a second agreement with Intercare Holdings Insurance Services, Inc., to act as the TPA for the City’s workers’ compensation program, effective July 1, 2023, for a period of three years with the option to extend in one-year increments for up to an additional three years. Intercare provides two full-time dedicated claims examiners, one designated claims assistant and one part-time claims examiner and that are responsible for the administration of the City’s workers’ compensation program. Maintaining claims examiner staff provides a continuity of claims management for current and former employees that have open workers’ compensation claims. On this basis, staff is recommending Intercare be awarded the contract pursuant to Chula Vista Municipal Code Section 2.56.110.H.2 Impractical or Impossible and that the City interests are materially better served by negotiating directly with the current firm. 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. Page 55 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact for this action. ONGOING FISCAL IMPACT Intercare Holdings Insurance Services, Inc. administrative costs by fiscal year (FY) are as follows: FY 2023-24 $528.531.59 FY 2024-25 $546,361.83 FY 2025-26 $562,179.80 FY 2026-27 $578,472.31 FY 2027-28 $595,253.39 FY 2028-29 $612,538.31 The FY 2023-24 costs are included in the FY 2023-24 Adopted Budget and will be incorporated in the annual budget development process for future respective fiscal years Note: Bill Review expenses and other claim expenses are allocated to individual workers’ compensation claims. These expenses vary by year and are impacted by individual employee workers’ compensation claims. ATTACHMENTS 1. Contract Staff Contact: Courtney Chase, Director of Human Resources/Risk Management Page 56 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND PACIFIC SECURED EQUITIES DBA INTERCARE HOLDINGS INSURANCE SERVICES, TO SERVE AS THE CITY’S THIRD-PARTY ADMINISTRATOR AND ADMINISTER THE CITY’S WORKERS’ COMPENSATION PROGRAM WHEREAS, the City of Chula Vista contracts for third party administration of its workers’ compensation program; and WHEREAS, based on a Request for Proposal (P 15-16/17) City Council authorized the City Manager to execute an Agreement with Intercare Holdings Insurance Services, Inc. (“Intercare"), to act as the Third-Party Administrator (“TPA”) for the City’s workers’ compensation program, effective July 1, 2017, for a period of one year; and WHEREAS, City Council authorized five one-year extensions available in the City’s contract with Intercare; and WHEREAS, the City has exercised all extensions under the original contract and City staff recommends entering into a second agreement with Intercare; and WHEREAS, continuing with Intercare as the City’s workers’ compensation claims administrator will benefit the City by providing a continuity of claims management, particularly for open, on-going workers’ compensation claims; and WHEREAS, as a result, City staff has determined that the City’s standard competitive bidding process would be impractical and that the City’s interests are materially better served by negotiating directly with Intercare for the terms of a new agreement; and WHEREAS, staff recommends that the City Council waive the competitive bidding process and authorize the City Manager to execute a second Agreement with Intercare Holdings Insurance Services, Inc., to act as the Third-Party Administrator (TPA) for the City’s workers’ compensation program, effective July 1, 2023, for a period of three years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby waives the competitive bidding process, and authorizes 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, 2023, for a period of three years, substantially in the form presented and subject to 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. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute future amendments extending the term of the Agreement with Intercare Holdings Insurance Services, Inc., in one-year increments for up to an additional three years. Page 57 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Presented by Approved as to form by Courtney Chase Jill D.S. Maland Director of Human Resources/Risk Management Lounsbery Ferguson Altona & Peak Acting City Attorney Page 58 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 1 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH INTERCARE HOLDINGS INSURANCE SERVICES, INC., TO PROVIDE THIRD PARTY WORKERS’ COMPENSATION ADMINISTRATIVE SERVICE This Agreement is entered into effective as of July 1, 2023 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Pacific Secured Equities,, Inc., a California Corporation, doing business as Intercare Holdings Insurance Services, Inc., (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires third party workers’ compensation administration services in order to administer California Labor Code benefits (“Workers’ Compensation Benefits”) for injured/ill employees; and WHEREAS, in 2017 City staff solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110 for Professional Services. The City received six proposals and selected Consultant as the most qualified amongst those submitting after conducting oral interviews and checking references; and WHEREAS, Consultant has met or exceeded their obligations during the first contract period. The industry standard for these services exceeds the standard 6-year term; and WHEREAS, maintaining claims examiner staff provides a continuity of claims management for current and former employees that have open workers’ compensation claims; and WHEREAS, in order to continue these services Consultant is chosen based on Consultant’s unique qualifications, including past performance and continuity of service; on this basis, under the authority of Chula Vista Municipal Code Section 2.56.070.B.3 City Council may waive the competitive requirement; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 59 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services (and deliver to City the “Deliverables” (if any)) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services (and/or Deliverables) described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. Page 60 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 3 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4, and Exhibit D. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A. 2.4 Intentionally Omitted. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A and Exhibit D. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date (unless otherwise agreed upon); or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 3. Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute Page 61 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 4 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by the City Attorney or designee. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words Page 62 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 5 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims -made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchas e “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, los s, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is Consultant’s proportionate share of liability (as determined by a Court of competent jurisdiction) arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. Page 63 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 6 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 4.2 Assistance to Risk Management Consultants. Consultant agrees to assist risk management consultant(s) in securing claims data which may be required for special program analysis. Any costs related thereto shall be paid by City. 4.3 Audit. Consultant agrees with City that each individual claim file is subject to audit by qualified representatives of City any time during normal work day hours, subject to prior notice. 4.4 WC Penalties. The Parties acknowledge that California Worker’s Compensation Benefits may result in the imposition of automatic penalties for late payments of Temporary and Permanent Disability Indemnity later than fourteen (14) days after they are due and payable. Penalties imposed as a result of the failure of Consultant to properly perform its duties under this Agreement shall be and remain the responsibility of Consultant. Written notice of such penalty must be provided to participant when identified. However, where City unreasonably delays notification to Consultant, and Consultant has no opportunity to make provision for timely payment, and so advises the City upon being notified, any penalty resulting from late payment shall not be the responsibility of Consultant, but shall be the responsibility of the City. Notification by City to the Consultant within seven (7) working days after a City’s knowledge of an injury to an employee shall not be considered an unreasonable delay. 4.5 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.6 Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.7 Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s obligations under this Section 4. 4.8 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid Page 64 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 7 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. TERMINATION 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving fifteen (15) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to thirty (30) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Reports. Upon expiration or termination of this Agreement, it is agreed that Consultant shall file an interim annual report with the City, Self-Insurance Plans, and State Department of Industrial Relations in accordance with applicable rules and regulations governing Workers Compensation Self-Insurance Plans, as well as such other official reports as may be required. Page 65 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 8 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 6.5 Transfer of Service Cooperation. Upon expiration of the term of this Agreement or termination as set forth in this Section 6, Consultant shall cooperate with and assist the City in the transition from Consultant to the City or the City identified successor workers compensation claims management Consultant (“Successor Consultant”), so that any transition from Consultant proceeds with no interruptions in the handling or processing of workers compensation claims or related litigation, including the transfer of all data and documents related to pending and closed claims to the City or the Successor Consultant. The costs for the transfer of data and documents under this Section 6.5 shall not exceed $5,000. 6.6 Final Accounting. Upon expiration of the term of this Agreement or termination, a final accounting will be made of the fees payable to the Consultant and of any funds belonging to City in possession of the Consultant, and any balance due either party will be promptly paid by the debtor party. Pending claim files and loss(es) are to revert to the control of and become the responsibility of the newly appointed “Consultant” or to City upon date of Agreement termination. Final accounting shall include any amounts due either party on account of such pending claim(s) and loss(es), including “Allocated Loss Expense.” 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. CONFIDENTIALITY 8.1 Confidentiality. Consultant agrees that it may acquire and develop knowledge concerning the employees of the City, and related litigation involving the City which is confidential in nature, including attorney-client communications or work product. Consultant agrees that, to the extent permitted by law, such information shall be considered to be acquired in confidence and shall not disclosed to others without the consent of the employee or, as to litigation, the City. 8.2 Information and Data. Consultant and/or City, as indicated, shall comply with the following: 1. Consultant and City shall comply with all applicable local, state, and federal laws related to data and information confidentiality, security, loss, and beach, including but not limited to: California Medical Information Act (CMIA); Health Insurance Privacy and Portability Act (HIPPA); Heath Information Technology for Economic and Clinical Health Act (HITECH); The Fair Credit Reporting Act (FCRA); and Children’s Online Privacy Protection Act (COPPA), to the extent required by the applicable local, state, and federal laws. 2. Consultant will have in place, will maintain, and apply at all times data and information security standards which are consistent with relevant industry standards for the protection of data and information and which deal comprehensively with: Page 66 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 9 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 A. The protection of the confidentiality, integrity and security of all and any data or information (including medical and personal information) supplied to the Consultant by Client or Consultant; B. The audit and accounting procedures in place to deal with the requirements of this section; C. The reliability and training of staff to ensure awareness of (and compliance with) their obligations under this section; and D. Any other measures and procedures to ensure that the Consultant’s obligations under this section are met. 3. Consultant and City shall take all reasonable precautions to preserve the integrity and prevent any breach, corruption, loss, damage, or destruction of data and information (including medical or personal information) provided by City or Consultant. 4. Consultant, including its agents, partners, and subcontractors, shall notify City once it becomes aware of any data security breach to City’s information. Consultant shall take immediate action stop and remedy any data security breach. In addition, Consultant shall, at Consultant’s expense, also aid in any required notices or remedial measures required by any applicable law as a result of any data breach sustained by Consultant, including their partners, agents, and subcontractors. 5. Personal information means information provided to, by, or at the direction of City , or to which access was provided to Consultant by or at the direction of City, in the course of Consultant’s performance under this Agreement that, but is not limited to: (i) identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses and other unique identifiers) or (ii) can be used to authenticate an individual (including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, financial account numbers, credit report information, biometric or health data, answers to security questions and other personal identifiers). 6. Data Breach means (i) any act or omission that compromises either the security, confidentiality or integrity of Personal Information or the physical, technical, administrative or organizational safeguards put in place by Consultant that relate to the protection of the security, confidentiality or integrity of Personal Information, or (ii) receipt of a complaint in relation to the privacy practices of Consultant or a breach or alleged breach of this Agreement relating to such privacy practices. 7. The parties acknowledge that in the course of dealings between each other: A. Each party will acquire from the other information about business activities and operations, technical information and trade secrets, all of which are highly confidential and proprietary (“Confidential Business Information”). Confidential Business Information shall not include (i) information already known to a party; (ii) information which now is or hereafter becomes publicly known through no wrongful act of a party, (iii) information received by a party from a third party without similar restriction and without breach of this Agreement; (iv) information independently developed by a party; (v) information approved for release by written authorization of the other party; and (vi) information which, after notice to a party providing a reasonable opportunity to contest disclosure, must be disclosed pursuant to the requirements of a governmental agency or a final binding order of a court of competent jurisdiction; Page 67 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 10 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 B. Each party may gain access to and/or generate information of Consultant’s consumers, customers, insureds or claimants which may include personally identifiable, financial and/or health information which may be protected by federal, state and local laws (“Protected Information”). 8. In the event a party provides its Confidential Business Information and/or Protected Information (collectively “Confidential Information”) to the other party (“Receiving Party”), such Confidential Information shall be provided subject to the following confidentiality terms: A. A party’s Confidential Information shall be safeguarded by the Receiving Party with at least as great a degree of care as the Receiving Party uses to safeguard its own most confidential materials or information relating to its own business. Consultant shall conspicuously mark information that it deems Confidential Business Information. B. The Confidential Information must be circulated, quoted, disclosed, or distributed solely on a “need to know basis” and only to employees, attorneys, or consultants of the Receiving Party (“Representatives”) after such Representatives have been informed of and agreed to be bound by this duty of confidentiality. Further, a Receiving Party agrees to obligate each of its Representatives to a level of care sufficient to protect the Confidential Information from unauthorized use or disclosure. C. A Receiving Party and its Representatives shall not further circulate, quote, disclose or distribute any of the Confidential Information except as permitted under this Section 8. 9. DEFINITIONS 9.1 The term “Allocated Loss Expense” shall mean, all WCAB or court costs, fees and expenses; fees for service of process; fees to attorneys; the cost of services of Undercover operatives and detectives; fees of independent adjusters or attorneys for investigation or adjustment of claims; the cost of employing experts for the purpose of preparing maps, photographs, diagrams, chemical or physical analysis, or giving expert advice or opinions involving chemical or physical questions; the cost of copies of transcripts of testimony at coroner’s inquests or criminal or civil proceedings; the cost of obtaining copies of any public records, medical records, credit bureau reports, index bureau reports, and other like reports; the cost of depositions and court reporter or recorded statements; any costs involving the trustee account or printing of checks; fees and expenses for experts or consultants, and all other medical cost containment services including bill review, utilization review and nurse case management services unless regulatory or reporting requirements define such expenses as loss or indemnity payments; and any similar costs or expenses properly chargeable to the dense of a particular claim or protection of the subrogation rights of City; provided, however, that all of the above services performed by claims technician employees of Consultant shall not be considered Allocated Loss Expenses. 9.2 The term “Indemnity Claim” means a work injury case which has or may result in any of the following: A. Temporary disability or salary in lieu thereof; B. Permanent disability; C. Life pension; D. Death; E. Litigated case; or F. Issues of compensability. Page 68 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 11 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 9.3 The term. “Medical Only Claim” means a work injury case in which it appears that no indemnity benefits are due or payable 9.4 The term “Reportable Loss” means every injury or occupational illness to each employee arising out of or in the course of his employment, unless disability resulting from such injury does not last through the day or does not require medical service, other than ordinary first aid treatment. 9.5 The term “Claim” shall include all new claims reported subsequent to the effective date of this Agreement, plus all previous claims remaining open upon assumption of jurisdiction by Consultant, as well as previously closed claim upon their re-opening. 10. GENERAL PROVISIONS 10.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 10.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 10.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 10.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 10.6 Record Retention. During the course of the Agreement and for three (3) years (or as otherwise required by law, whichever is longer) following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-consultants. 10.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 10.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, Page 69 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 12 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 10.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 10.10 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 10.11 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 10.12 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. (End of page. Next page is signature page.) Page 70 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 13 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. INTERCARE HOLDINGS INSURANCE SERVICES, INC. CITY OF CHULA VISTA BY: BY: Agnes Hoeberling John McCann Chief Executive Officer Mayor ATTEST1 BY: KERRY BIGELOW City Clerk APPROVED AS TO FORM BY: Jill D.S. Maland Lounsbery, Ferguson, Altona & Peak Acting City Attorney - - 1 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation signature block. Page 71 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 14 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Kim Stevens City of Chula Vista Human Resources 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5936 humanresources@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: INTERCARE HOLDINGS INSURANCE SERVICES, INC. Danielle Buri-Beaton, Senior Vice President, Client Services P.O. Box 579 Roseville, CA 95661 916-677-2555 For Legal Notice Copy to: Agnes Hoeberling, Chief Executive Officer P.O. Box 579 Roseville, CA 95661 818-459-8212 ahoeberling@intercareins.com 2. Required Services A. General Description: Consultant is to provide Third Party Workers’ Compensation Consulting Services as described in the City of Chula Vista Request for Proposal (“RFP”) dated March 3, 2017. B. Detailed Description: Tasks to be performed are detailed and described in the Chula Vista Request for Proposal dated March 3, 2017 and Intercare Holdings Insurances Services, Inc. (“RFP”), and Response to Request for Services (“Response”) dated March 24, 2017 (as accepted by the City), are attached as Exhibit A to this Agreement and are hereby fully incorporated into this Agreement, Consultant shall perform the tasks in a manner consistent with and subject to Attachment A (Workers’ Compensation Guidelines Claims Administration Guidelines and Workers’ Compensation Claims Audit Philosophy and Expectations) of the March 3, 2017 RFP. The RFP, (which are attached as Exhibit B to this Agreement and hereby fully incorporated by reference into this Agreement). In accordance with Exhibits A and B, Consultant shall:  Forms. Consult with City to supply and distribute necessary forms to establish program procedures and practices. Page 72 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 15 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23  Process Claims. Review and process all reported industrial injury and occupational disease claims in accordance with State requirements.  Compensability Determinations. Determine compensability of injury or illness claims in accordance with all rules and regulations governing the administration of self-insurance pursuant to Section 3700 of the California Labor Code and California administrative regulations. Denial of claims shall be made only after prior discussion and agreement with the City.  Master Panel. Develop, recommend, and update for City a master panel of physicians, dentists, chiropractors, and other practitioners for the treatment of injured employees, and recommend such specialists as may be required for long term or other disabilities requiring special treatment. Present the initial master panel to the City within 90 days of commencement of services hereunder.  Medical Treatment. Determine eligibility for and authorize appropriate medical treatment for injured employees, including arranging appointments. Monitor all medical reports and statements of charges to insure that treatment and charges are compatible with injuries reported.  Education. Conduct or assist in orientation or educational meetings with City personnel who are involved directly or indirectly with the processing of claims.  Reviews. Periodically review program progress with City personnel, identifying problem areas and recommending a plan of remedial action. This shall include projections of cash flow and actual projections of annual incurred costs, as requested.  Index Use. Utilize the Index Bureau on cases where such use is merited, provided the City subscribes to such service.  File Maintenance. Maintain claim files, case logs, check voucher disbursement and all other records, files, and data as may be required by California law, statute and rules and regulations of the City’s self- insurance plan, on each reported claim, which shall be available to the City during normal business hours for inspection.  Approve Payments. Determine extent and degree of all disability and death benefits payable to injured employees in accordance with acceptable and standard practices. Subject to City approval, Authorize payments in accordance with Findings and Awards of the Workers' Compensation Appeals Board (WCAB) or approved Compromise and Release Settlements, acting or recommending action to preclude unnecessary litigation to the extent that acceptable claims practice permits.  Reserves. Establish, maintain and revise individual claim file reserves as the situation at any given time may warrant, and as payments are made. Reserve levels shall be reviewed at least quarterly on active claims.  Investigations. Subject to prior approval of the City, arrange for field investigation of questionable cases, as well as surveillance on behalf of the City in each individual case. The expense for such investigation or surveillance is understood to be an "Allocated Loss Expense" as otherwise defined in this Agreement.  EDP Services. Provide at least monthly, computerized loss runs in such formats and at such times as may reasonably be required and mutually agreed upon. Such loss runs to be furnished to the City within fifteen (15) days following the end of the month in which the claim is reported. On line computer access will be available to the City. Upload Loss data to the California State Association of Counties (“CSAC”) on City’s behalf at CSAC required intervals for periods ending June 30, September 30, December 31 not later than 15th of the following month.  Filing Reports. Prepare and file on time, all reports as may be required by the Department of Industrial Relations or other Divisions of the State of California regarding the City’s workers compensation self- insurance. A copy of the annual report will be prepared and filed with the City’s Director of Human Resources each year not later than 30 days prior to the filing date established by the State.  Litigation and subrogation. Consultant shall be responsible for the following tasks in connection with disputed claims: Page 73 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 16 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 A. File and serve medical reports to all interested parties on behalf of the City. B. Arrange all medical/legal evaluations, with copies of the medical records and a cover letter setting forth the issues of the case. This applies to agreed medical evaluations as well. C. Arrange for and control outside photocopy costs by sharing with all interested parties medical or personnel records when feasible. D. Make Workers' Compensation Appeal Board appearances on behalf of City on those cases that involve issues of permanent disability or future medical treatment as may be required in Consultant's capacity as claim handler. E. Assign complex issues, including but not limited to questions of an apportionment, AOE/COE, 132A, willful conduct, etc., to legal counsel with prior knowledge and consent of the City. However, Consultant will still continue to monitor and assist with the earliest resolution of the case. City retains the right to terminate legal counsel considered unsatisfactory by City F. Monitor all cases for potential subrogation, write correspondence to effect recovery, take all necessary action, including timely notification to City, assist in recovering through third party subrogation and recommend retaining legal counsel where litigation is necessary to effect recovery. G. Provide a written summary of all pending litigated and subrogated cases on a semi-annual basis, if requested.  Supplemental Job Displacement Benefits (“SJDB”). Subject to prior review with the City, initiate, coordinate, implement, monitor, and report all SJDB as requited by statute for the City, as requested by the City. Prepare all necessary reports and documents for as may be required for SDJB.  MMSEA. Section 111 of the Medicare, Medicaid, and SCHIP (State Children’s Health Insurance Programs) Extension Act of 2007 (all of which together shall be referred to as “MMSEA”) (P.L. 110- 173), contains mandatory reporting requirements (“MIR”) for group health plan arrangements and for liability insurance (including self-insurance), no-fault insurance, and workers' compensation (see 42 U.S.C. 1395y(b)(7) & (8)). With respect to compliance with MMSEA under this Agreement: A. City has the obligation to perform MIR requirements as respects Claims, register with the Centers for Medicare and Medicaid Services (“CMS”) as a Responsible Reporting Entity (“RRE”), and provide to Consultant all relevant information including the RRE Identification Number(s) assigned. B. The following are the reporting agent(s) for the purpose of meeting MMSEA obligations including MIR requirements (“Reporting Agent(s)”): i. for MMSEA reporting to CMS: Consultant. ii. for MMSEA compliance and other related services: Consultant’s Preferred Provider, unless City directs the use of a different vendor. C. Reporting Agent services include determining Medicare eligibility, reporting to CMS eligible Claims using the mandated format for a determination of Medicare eligibility, processing error corrections, and providing quarterly reports. Where applicable, Reporting Agent should also respond to all inquiries and requests for conditional payments, comply with settlement approvals, negotiate and prepare claim set- aside agreements (“CSA’s”) and Medicare set-aside agreements (“MSA’s”). D. City consents to the disclosure by Consultant of Claims information required by MIR to Reporting Agent or others for the purpose of providing MIR pursuant to this Agreement. City and Consultant agree that Claim data reported to or by CMS is confidential and each shall take reasonably necessary steps to protect the confidentiality of this data. E. City agrees that fees and charges by Reporting Agent incurred for compliance with MMSEA and other related services shall be paid by City and charged against the Claim Files as Allocated Loss Page 74 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 17 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 Expenses. Such fees and charges are listed in this Agreement.  Additional Services. Consultant to also perform or use its Preferred Provider network, which may include Consultant, its affiliates and subsidiaries or third parties to perform, the additional duties set forth in Exhibit D (also referred to as Preferred Provider Specialty Services). Fees for these services will be paid against the specific claim file as Allocated Loss Expenses or, where required by state law, as loss.  Dedicated Unit: Certification: Hours of Work. The claims office must maintain office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excepting those Consultant holidays (not to exceed 12 days per calendar year) of which City is given not less than 14 days’ notice. Consultant will commit: qualified state-certified supervisory staff with at least three years of claims administration experience including Labor Code Section 4850 experience, state-certified claims examiners with Labor Code Section 4850 experience to the unit, and designated claims assistant to work on City claims. This unit of dedicated state-certified claims examiners and designated assistant shall normally be available to the City during Consultant working hours; in any event, an examiner or supervisor with knowledge of all City claims shall be available during working hours. Written notice shall be provided to City of any change in the work schedule of the examiners. In the event Consultant replaces either current claims examiner for a period of more than 10 consecutive working days, the replacement shall also be a state- certified examiner. Staffing under this section shall be no less than that specified by Consultant in its March 24, 2017 response to RFP.  Notification of Personnel Changes; Assignment of Claims. Consultant shall notify the City prior to any change in claims examiners, within 3 working days of any change in claims examiners, including temporary changes. Commencing July 1, 2023 and each month thereafter, by the 15th day of the month, Consultant shall deliver to City a written report for each examiner handling any claim under this Agreement, showing the total number of open indemnity claims assigned to the examiner during the prior month, and detailing the number of claims assigned. Consultant expressly warrants that neither examiner shall at any time have a total claim caseload which exceeds case load guidelines established by CSAC.  Settlement Authority. Consultant also warrants that it will confer with a duly appointed representative of the City in accordance with the written instructions of City; or, in the absence of any written instructions, on all claims which may require any payment or which may result in a denial of benefits. All claims will require pertinent correspondence and reports, as determined by the City, to be provided to the City.  Payments. Consultant shall prepare and draft all checks necessary for payment of claims and claims expenses by City for execution by the City.  Audit Service. Consultant agrees to accept an independent audit of its work performance whenever requested by City. Files on all claims are the property of City and Consultant agrees to provide access to such files at the request of City and in the event of termination of this Agreement, Consultant agrees to turn over all files on claims hereunder to City within five (5) working days of such request and at no cost to City.  Attendance of Meetings. Upon request of City, Consultant shall attend meetings called by City to discuss issues arising under this Agreement.  Claims Handling. In the performance of its obligations under this contract, work shall be assigned only to persons who are specially trained, experienced and competent in the administration of municipal workers compensation claims. City shall have the right to direct Consultant to not use a person who, in the opinion of City, is not so specially trained, experienced and competent to render the required services. In addition, City may at its own expense assign claims over six months old to an alternate claims administrator selected by City.  Consultant shall review all open indemnity claims within 90 days of the commencement of work under Page 75 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 18 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 this contract to determine their status and necessary actions, as appropriate, and provide a brief written report to the City on the results of that review. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin July 1, 2023 and end on June 30, 2026 for completion of all Required Services. This Agreement may be extended for up to three (3) additional terms, as set forth in Sections 4 and 5, below. 4. Compensation: A. General terms: City agrees to pay Consultant for its services under this Agreement and the Consultant agrees to accept from the City the following in compensation: 1. Flat Fee. A flat annual fee of as set forth in Year 1 of Exhibit D for the period ending June 30, 2024. 1/12 of the annual fee will be paid monthly in arrears, ten (10) days following month end. 2. Allocation Loss Expenses. Allocated Loss Expenses shall also be paid by City. City understands and agrees that Consultant and its affiliates shall receive compensation in connection with the Preferred Provider Specialty Services. The amount of compensation Consultant receives will vary depending upon the services, the preferred provider, and may be calculated based on percentage of savings, percentage of revenue to the provider, or Consultant’s or its affiliate’s mark-up of provider fees. 3. Other Payments. Any other payments that may be due under this Agreement shall be paid monthly in arrears fifteen (15) days following the end of the month and presentation to City of an itemized statement. B. Extensions Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed shall not exceed the pricing in Exhibit D for any year service is provided. If the City exercises its option to extend the Agreement, the amount to be paid to the Consultant for services provided during the term of that extension shall not exceed Pricing in Exhibit D. If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for services provided during the initial and optional extension periods shall not exceed Pricing in Exhibit D. 5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL INSTRUCTIONS. ☐ Permitted Sub-Consultants: List Permitted Sub-Consultants or Indicate “None” NONE ☐ Security for Performance: See City Attorney or Indicate “None” if Not Applicable NONE Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Exhibit D amounts for each extension. If the City elects to exercise an option to extend, it will do so in a written document signed by the City Manager or Director of Finance/Treasurer. Page 76 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 19 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: A $1 million/fidelity/crime bond payable to City with an approved corporate surety covering all officers and employees involved. The bond will be a blanket position bond with an approved corporate surety covering all officers and employees involved with the City’s claims handling. Page 77 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 20 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.4 X A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED5 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Courtney Chase, Director of Human Resources/Risk Management 2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040. 4 Cal. Gov. Code §§53234, et seq. 5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 78 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 21 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 EXHIBIT D AGREEMENT PRICING EXHIBIT D AGREEMENT PRICING TPA Fees: Annual Fee: Year 1 $509,435.39 Year 2 $527,265.63 Year 3 $543,083.60 Year 4 (Option Year One) $559,376.11 Year 5 (Option Year Two) $576,157.39 Year 6 (Option Year Three) $593,442.11 ADR¹: $1,591.35 Monthly Fee MMSEA Fee:  CMS Interface and Monthly Eligibility Query No charge  Quarterly Reporting SIU Services:  FD 1 Filing  Fraud Submission for Prosecution  Background Check  Social Media Investigation $750 a year flat fee regardless of claim volume $150.00 per case $450.00 per case $300.00 per case (up to 12 databases) $450.00 per assignment Services Included: License fee for VOS Unlimited number of users with “read only” access. 2 users included for real-time, read and write access. Additional licenses available for $1,250 per user per year. Reports: Monthly standard bordereaux of loss reports; adhoc reports requiring 4 hours or less of programming; SIP Annual report, 1099’s, OSHA reports; safety and loss control reports; trend reports; annual stewardship reports; etc. DWC postings: Claim forms (DWC1), Form 5020 employer’s report of occupational injury or illness form, posting notices and posters; pamphlets for injured workers Page 79 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 22 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 ISO Index Fees Routine claims included in flat fee above; fraud indexes subject to a pass-through index fee of $25 depending on database. Other services: Adjuster hearing attendance; record storage; check printing; reconciliation; banking fees; filing and correspondence fees; UR approval at adjuster level; quarterly claim reviews; InterConnect meetings on-site; InterAct Claim Reviews Medical Provider Network Annual Maintenance Fee $2,500 per year Creation of Custom MPN $5,000 one-time application, filing, website development, geo mapping etc. MPN Update fees 2 updates to website and network included in the annual maintenance fee. A $750 fee will be applied to additional Changes. Other – Standard MPN $1,500.00 per year Medical Bill Review Per Bill Fee inclusive of PPO access fee. No additional % of savings will be applied to in-network medical bills. Secondary Review¹ $17.50 fixed flat fee per bill inclusive of PPO access fee for year 1 to 3. Thereafter, a 3% increase to the fixed flat fee inclusive of PPO access fee will be applied to subsequent contract years. 15% of negotiated savings – applicable to out of network medical bills, complex bills and bills not subject to fee schedule. Subject to a $3,500.00 cap per bill. Pharmacy Benefit Management Program Medical EDI/WCIS reporting Duplicates eBill Reconsideration processing Case Management Nurse Case Management¹ Early Intervention/Triage¹ In network prescriptions through Optum PBM will not be charged a bill review fee. Out of network prescriptions is subject to the BR fee above. Optum’s dispensing fee per prescription is $3.00 per bill. No Charge No Charge for full duplicates Included in the BR fee No additional fee $110.0 per hour billed in 15-min increments $105 per call Page 80 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 23 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 ¹Charges for these services shall increase by 3% annually and will take effect at the beginning of each contract year. Utilization Review¹ Non-Clinical (Adjuster) Clinical (Nurse Level) Medical Advisor No charge $110.00 per hour $250.00 per hour 1st Level Peer Review¹ Other – Specialty Peer Review¹ $275.00 per hour $350.00 per hour Page 81 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 24 City of Chula Vista Agreement No.: Consultant Name: Intercare Holdings Insurance Services, Inc. Rev. 3/28/23 Page 82 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda v . 0 03 P a g e | 1 June 13, 2023 ITEM TITLE Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Amended Position Count; Revised Ordinance; Revised Compensation Schedule; Updated Conflict of Interest Code; and Budget Amendments Report Number: 23-0120 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 Classification Plan and Compensation Schedule to reflect salary adjustments for certain classifications and amending the authorized position count in various departments effective July 14, 2023; (B) Approving the revised Fiscal Year 2023-24 Compensation Schedule effective July 14, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and (D) Amending the Fiscal Year 2022-23 and the Fiscal Year 2023-24 budget to appropriate funds, accordingly (4/5 Vote Required); and Place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position tit le of Communications Manager and delete the unclassified position title of FA Graphic Designer/Webmaster. (First Reading) (4/5 Vote Required) SUMMARY In an effort to address the needs of various departments and the City's workforce, the Human Resour ces Department, in conjunction with the affected departments, is proposing amending the authorized position count in various departments and salary adjustments for certain positions which necessitate amendments to the City’s Compensation Schedule, Classification Plan and departmental position counts. Page 83 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 2 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. St aff 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 and (3) the result of negotiated labor contract survey results. Staff is also recommending approval of the revised Fiscal Year 2023-24 Compensation Schedule effective July 14, 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), adoption of an ordinance amending Chula Vista Municipal Code Section 2.05.010 relating to unclassified positions; and amending the Fiscal Year 2023-24 budget to appropriate funds, accordingly. 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 and salary adjustments for certain classifications. 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. On May 23, 2023, the City Council made a referral requesting a salary survey be completed for Senior Council Assistant. A salary survey was completed, and while there was an insufficient number of comparable positions in the designated labor market from which to base a salary recommendation on, staff is proposing to a salary adjustment for the benefited classification as the current salary is the lowest salary in its market. Additionally, 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 and (3) the result of negotiated labor contract survey results. The following identifies the affected positions and proposed changes: Department Position Title FTE Administration Marketing and Communications Manager -1.00 Communications Manager 1.00 Animal Services Animal Control Officer 1.00 Animal Services Specialist 1.00 Page 84 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 3 Department Position Title FTE Development Services – Development Services Fund Senior Project Coordinator -1.00 Senior Planner 1.00 Police – Grants Fund FA Graphic Designer/Webmaster -1.00 Public Works Parks Maintenance Worker II 1.00 Total Citywide Position Changes (Net Increase/Decrease) 2.00 Summary of New and Updated Classifications Position Title Employee Group E Step Bi- Weekly Salary Assistant Engineer WCE $4,076.65 Assistant Plan Check Engineer WCE $3,864.98 Associate Engineer WCE $4,688.15 Associate Plan Check Engineer WCE $4,444.72 Communications Manager Senior Manager $6,050.48 Council Assistant Unclassified Hourly $29.90 per hour Principal Civil Engineer Mid-Manager $6,668.34 Principal Traffic Engineer Mid-Manager $6,668.34 Senior Civil Engineer WCE $5,679.70 Senior Council Assistant Confidential $2,870.77 Transportation Engineer with Certification WCE $5,679.70 Transportation Engineer without Certification WCE $5,409.25 Adoption of Resolution A will amend the Classification Plan and Compensation Schedule to reflect the above changes effective July 14, 2023. 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 Fiscal Year 2023-24 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting on May 23, 2023. Adoption of Resolution B will approve the revised Fiscal Year 2023-24 Compensation Schedule effective July 14, 2023, which reflects the addition of the Communications Manager position title; the deletion of the FA Graphic Designer/Webmaster and Marketing & Communications Manager position titles; and the adjusted Page 85 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 4 salaries for the Assistant Engineer, Assistant Plan Check Engineer, Associate Engineer, Associate Plan Check Engineer, Council Assistant, Principal Civil Engineer, Principal Traffic Engineer, Senior Civil Engineer, Senior Council Assistant, Transportation Engineer with Certification, and Transportation Engineer without Certification 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 other filers. The redline version of the changes is attached to this item as Attachment 2. Budget Amendments Approval of Resolution D will amend the budget to reflect: (1) $86,000 in revenue and expenditure appropriations to the Animal Services Department in the General Fund, resulting in no net impact to the General Fund in Fiscal Year 2022-23; (2) $156,800 in revenue and expenditure appropriations to the Animal Services Department in the General Fund, resulting in no net impact to the General Fund in Fiscal Year 2023- 24; and, (3) a reduction of $122,153 in revenue and expenditure appropriations to Police Department in the Federal Grants Fund, resulting in a no net impact to the Federal Grants Fund. Ordinance Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500(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 title of Communications Manager and delete the position title of FA Graphic Designer/Webmaster from Municipal Code Section 2.05.010. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The current-year fiscal impact will increase both revenue and expenditure appropriations in the General Fund for the Animal Services Department by $83,000, resulting in no net fiscal impact. ONGOING FISCAL IMPACT Approval of this resolution will increase both revenue and expenditures in the General Fund for the Animal Services Department by $156,800, and reduce both revenue and expenditures in the Federal Grants Fund for Page 86 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 5 the Police Department by $122,153. The updated Engineering classification changes as well as the addition of the Parks Maintenance Worker II in the Public Works department are included in the Fiscal Year 2023-24 adopted budget. Staff will monitor the fiscal impacts of this item as part of the Fiscal Year 2023-24 budget monitoring process and make recommendations as needed. ATTACHMENTS 1. Revised Fiscal Year 2023-24 Compensation Schedule Effective July 14, 2023 2. Revised Appendix to the Conflict of Interest Code and Resolution Staff Contact: Courtney Chase, Director of Human Resources/Risk Management Page 87 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO REFLECT SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS EFFECTIVE JULY 14, 2023 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 amending the authorized position count in various departments and salary adjustments for certain positions which necessitate amendments to the City’s Compensation Schedule, Classification Plan and 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 Bi-Weekly Salary Assistant Engineer WCE $4,076.65 Assistant Plan Check Engineer WCE $ 3,864.98 Associate Engineer WCE $4,688.15 Associate Plan Check Engineer WCE $4,444.72 Communications Manager Senior Manager $6,050.48 Council Assistant Unclassified Hourly $29.90 per hour Principal Civil Engineer Mid-Manager $6,668.34 Principal Traffic Engineer Mid-Manager $6,668.34 Senior Civil Engineer WCE $5,679.70 Senior Council Assistant Confidential $2,870.77 Transportation Engineer with Certification WCE $5,679.70 Transportation Engineer without Certification WCE $5,409.25 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 88 of 338 City of Chula Vista City Council June 13, 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 2023-24 authorized departmental position counts effective July 14, 2023: Department Position Title FTE Administration Marketing and Communications Manager -1.00 Communications Manager 1.00 Animal Services Animal Control Officer 1.00 Animal Services Specialist 1.00 Development Services – Development Services Fund Senior Project Coordinator -1.00 Senior Planner 1.00 Police – Grants Fund FA Graphic Designer/Webmaster -1.00 Public Works Parks Maintenance Worker II 1.00 Total Citywide Position Changes (Net Increase/Decrease) 2.00 Presented by Approved as to form by Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Lounsbery Ferguson Altona & Peak Acting City Attorney Page 89 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023-24 COMPENSATION SCHEDULE EFFECTIVE JULY 14, 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 2023-24 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting May 23, 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, City staff has recommended the addition of the Communications Manager position title; the deletion of the FA Graphic Designer/Webmaster and Marketing & Communications Manager position titles; and salary adjustments for the Assistant Engineer, Assistant Plan Check Engineer, Associate Engineer, Associate Plan Check Engineer, Council Assistant, Principal Civil Engineer, Principal Traffic Engineer, Senior Civil Engineer, Senior Council Assistant, Transportation Engineer with Certification, and Transportation Engineer without Certification 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 2023-24 Compensation Schedule effective July 14, 2023, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects the addition of the Communications Manager position title; the deletion of the FA Graphic Designer/Webmaster and Marketing & Communications Manager position titles; and salary adjustments for the Assistant Engineer, Assistant Plan Check Engineer, Associate Engineer, Associate Plan Check Engineer, Council Assistant, Principal Civil Engineer, Principal Traffic Engineer, Senior Civil Engineer, Senior Council Assistant, Transportation Engineer with Certification, and Transportation Engineer without Certification position titles. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Lounsbery Ferguson Altona & Peak Acting City Attorney Page 90 of 338 City of Chula Vista City Council June 13, 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 91 of 338 City of Chula Vista City Council June 13, 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 by Kerry K. Bigelow, MMC Jill D.S. Maland City Clerk Lounsbery Ferguson Altona & Peak Acting City Attorney Page 92 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2022-23 AND 2023-24 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff is recommending $83,000 in revenue and expenditure appropriations to the fiscal year 2022-23 General Fund budget in the Animal Services Department, resulting in no net impact to the General Fund; and WHEREAS, staff is recommending $156,800 in revenue and expenditure appropriations to the fiscal year 2023-24 General Fund budget in the Animal Services Department, resulting in no net impact to the General Fund; and WHEREAS, staff is recommending a reduction of $122,153 in revenue and expenditure appropriations to the fiscal year 2023-24 Federal Grants Fund budget for the Police Department, resulting in no net impact to the Federal Grants Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2022-23 budget and approves the following appropriations: Summary of General Fund Appropriations NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2023-24 budget and approves the following appropriations: Summary of General Fund Appropriations Page 93 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Summary of Other Fund Appropriations Presented by Approved as to form by Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Lounsbery Ferguson Altona & Peak Acting City Attorney Page 94 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF COMMUNICATIONS MANAGER AND DELETING THE UNCLASSIFICATION POSITION TITLE OF FA GRAPHIC DESIGNER/WEBMASTER (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 Communications Manager position, given its duties and responsibilities, is an unclassified management position, within the meaning of Charter Section 701; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official, Building Official/Code Enforcement Manager, Chief Information Security Officer, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Code Enforcement Manager, Communications Manager, 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, FA Senior Page 95 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance No. Page No. 2 Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks and Recreation Administrator, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Special Projects Manager and Traffic Engineer. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Director of Human Resources /Risk Management Lounsbery Ferguson Altona & Peak Acting City Attorney Page 96 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3633 CONF ACCOUNTANT 0 31.20 2,496.34 1 32.76 2,621.16 2 34.40 2,752.21 3 36.12 2,889.83 4 37.93 3,034.32 3641 ACE ACCOUNTING ASSISTANT 0 23.10 1,848.05 1 24.26 1,940.45 2 25.47 2,037.49 3 26.74 2,139.34 4 28.08 2,246.31 3643 CONF ACCOUNTING TECHNICIAN 0 26.83 2,146.08 1 28.17 2,253.38 2 29.58 2,366.04 3 31.05 2,484.35 4 32.61 2,608.57 3675 ACE ACCOUNTING TECHNICIAN 0 26.83 2,146.08 1 28.17 2,253.38 2 29.58 2,366.04 3 31.05 2,484.35 4 32.61 2,608.57 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 33.61 2,688.43 1 35.29 2,822.87 2 37.05 2,964.01 3 38.90 3,112.21 4 40.85 3,267.80 Page 97 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 0149 CONF ADMINISTRATIVE SECRETARY 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0179 ACE ADMINISTRATIVE SECRETARY 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0215 SM ADMINISTRATIVE SERVICES MGR 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 0181 ACE ADMINISTRATIVE TECHNICIAN 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 5316 UCHR ANIMAL CARE AIDE 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 5317 ACE ANIMAL CARE FACILITY SUPV 0 33.08 2,646.18 1 34.73 2,778.50 2 36.47 2,917.41 3 38.29 3,063.29 4 40.21 3,216.45 Page 98 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5343 ACE ANIMAL CARE SPECIALIST 0 20.71 1,657.08 1 21.75 1,739.93 2 22.84 1,826.92 3 23.98 1,918.28 4 25.18 2,014.19 5344 UCHR ANIMAL CARE SPECIALIST 0 20.71 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 28.76 2,301.03 1 30.20 2,416.08 2 31.71 2,536.89 3 33.30 2,663.74 4 34.96 2,796.91 5303 ACE ANIMAL CONTROL OFFICER 0 24.86 1,988.48 1 26.10 2,087.90 2 27.40 2,192.30 3 28.77 2,301.93 4 30.21 2,417.03 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 28.58 2,286.76 1 30.01 2,401.09 2 31.51 2,521.14 3 33.09 2,647.20 4 34.74 2,779.58 5309 ACE ANIMAL SERVICES SPECIALIST 0 22.60 1,807.72 1 23.73 1,898.10 2 24.91 1,993.01 3 26.16 2,092.67 4 27.47 2,197.29 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 Page 99 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 25.73 2,058.39 1 27.02 2,161.27 2 28.37 2,269.34 3 29.79 2,382.82 4 31.27 2,501.96 7579 ACE AQUATIC SUPERVISOR I 0 26.66 2,132.89 1 27.99 2,239.53 2 29.39 2,351.52 3 30.86 2,469.09 4 32.41 2,592.54 7577 ACE AQUATIC SUPERVISOR II 0 29.33 2,346.18 1 30.79 2,463.49 2 32.33 2,586.66 3 33.95 2,716.00 4 35.65 2,851.80 7575 ACE AQUATIC SUPERVISOR III 0 33.73 2,698.11 1 35.41 2,833.02 2 37.18 2,974.67 3 39.04 3,123.39 4 40.99 3,279.56 5011 SM ASSISTANT CHIEF OF POLICE 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 2405 SM ASSISTANT CITY ATTORNEY 0 85.62 6,849.40 1 89.90 7,191.87 2 94.39 7,551.47 3 99.11 7,929.04 4 104.07 8,325.49 Page 100 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 2707 EXEC ASSISTANT CITY MANAGER 0 102.25 8,179.94 1 -- -- 2 -- -- 3 -- -- 4 123.51 9,880.95 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 79.15 6,332.21 1 -- -- 2 87.68 7,014.54 3 92.07 7,365.26 4 96.21 7,696.86 3604 SM ASSISTANT DIR OF FINANCE 0 77.89 6,231.55 1 -- -- 2 90.13 7,210.00 3 92.70 7,416.00 4 94.04 7,523.32 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 72.44 5,794.89 1 -- -- 2 -- -- 3 85.52 6,841.24 4 87.45 6,996.12 6015 WCE ASSISTANT ENGINEER 0 41.92 3,353.87 1 44.02 3,521.55 2 46.22 3,697.64 3 48.53 3,882.51 4 50.96 4,076.65 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 39.75 3,179.73 1 41.73 3,338.72 2 43.82 3,505.65 3 46.01 3,680.93 4 48.31 3,864.98 Page 101 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 4439 ACE ASSISTANT PLANNER 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 3635 CONF ASSOCIATE ACCOUNTANT 0 34.32 2,745.97 1 36.04 2,883.28 2 37.84 3,027.44 3 39.74 3,178.81 4 41.72 3,337.76 6017 WCE ASSOCIATE ENGINEER 0 48.21 3,856.95 1 50.62 4,049.80 2 53.15 4,252.29 3 55.81 4,464.89 4 58.60 4,688.15 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 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 45.71 3,656.68 1 47.99 3,839.51 2 50.39 4,031.49 3 52.91 4,233.06 4 55.56 4,444.72 4437 ACE ASSOCIATE PLANNER 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.92 1,833.22 1 24.06 1,924.88 2 25.26 2,021.14 3 26.53 2,122.19 4 27.85 2,228.30 Page 102 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 59.99 4,798.80 1 62.98 5,038.74 2 66.58 5,326.67 3 69.91 5,593.01 4 72.91 5,832.97 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 4771 ACE BUILDING INSPECTOR I 0 32.96 2,637.13 1 34.61 2,768.99 2 36.34 2,907.44 3 38.16 3,052.82 4 40.07 3,205.45 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.96 -- 1 34.61 -- 2 36.34 -- 3 38.16 -- 4 40.07 -- 4773 ACE BUILDING INSPECTOR II 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 Page 103 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 36.26 -- 1 38.07 -- 2 39.98 -- 3 41.98 -- 4 44.08 -- 4775 ACE BUILDING INSPECTOR III 0 39.89 3,190.94 1 41.88 3,350.49 2 43.98 3,518.02 3 46.17 3,693.91 4 48.48 3,878.61 4705 SM BUILDING OFFICIAL 0 68.78 5,502.26 1 -- -- 2 -- -- 3 -- -- 4 83.60 6,688.04 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 71.86 5,748.87 1 -- -- 2 -- -- 3 -- -- 4 87.35 6,987.81 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 31.87 2,549.71 1 33.47 2,677.20 2 35.14 2,811.06 3 36.90 2,951.61 4 38.74 3,099.20 Page 104 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 23.10 1,848.05 1 24.26 1,940.45 2 25.47 2,037.49 3 26.74 2,139.34 4 28.08 2,246.31 6444 ACE CARPENTER 0 28.77 2,301.23 1 30.20 2,416.28 2 31.71 2,537.10 3 33.30 2,663.95 4 34.96 2,797.16 3669 ACE CASHIER 0 19.50 1,560.04 1 20.48 1,638.04 2 21.50 1,719.95 3 22.57 1,805.94 4 23.70 1,896.24 3053 SM CHIEF INFO SEC OFFICER 0 58.85 4,708.27 1 -- -- 2 -- -- 3 -- -- 4 71.54 5,722.94 5001 EXEC CHIEF OF POLICE 0 104.34 8,347.44 1 -- -- 2 120.62 9,649.61 3 -- -- 4 126.83 10,146.41 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 68.42 5,473.98 1 -- -- 2 -- -- 3 80.78 6,462.36 4 82.61 6,608.69 Page 105 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 111.14 8,891.31 2435 CONF CITY ATTY INVESTIGATOR 0 33.97 2,717.34 1 35.67 2,853.20 2 37.45 2,995.86 3 39.32 3,145.65 4 41.29 3,302.94 2201 CCLK CITY CLERK 0 82.08 6,566.00 1 -- -- 2 -- -- 3 -- -- 4 99.71 7,977.16 7007 SM CITY LIBRARIAN 0 64.11 5,129.12 1 67.32 5,385.56 2 70.69 5,654.85 3 74.22 5,937.59 4 77.93 6,234.47 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 151.44 12,115.48 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.88 2,310.51 1 30.33 2,426.03 2 31.84 2,547.33 3 33.43 2,674.71 4 35.11 2,808.44 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- Page 106 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 0241 UCHR CLERICAL AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4757 SM CODE ENFORCEMENT MANAGER 0 55.00 4,400.27 1 -- -- 2 -- -- 3 -- -- 4 66.86 5,348.56 4777 ACE CODE ENFORCEMENT OFFICER I 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 4778 UCHR CODE ENFORCEMENT OFFICER II 0 31.50 -- 1 33.07 -- 2 34.72 -- 3 36.46 -- 4 38.28 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 31.50 2,519.70 1 33.07 2,645.70 2 34.72 2,777.98 3 36.46 2,916.88 4 38.28 3,062.73 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.90 1,991.86 1 26.14 2,091.46 2 27.45 2,196.03 3 28.82 2,305.84 4 30.26 2,421.12 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 Page 107 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 2781 SM COMMUNICATIONS MGR 0 62.22 4,977.74 1 -- -- 2 63.98 5,118.15 3 -- -- 4 75.63 6,050.48 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 5141 ACE COMMUNITY SERVICES OFFICER 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 5142 UCHR COMMUNITY SERVICES OFFICER 0 24.07 -- 1 25.27 -- 2 26.53 -- 3 27.86 -- 4 29.25 -- 6201 UCHR CONSERV SPECIALIST I (HOURLY) 0 26.03 -- 1 27.33 -- 2 28.70 -- 3 30.13 -- 4 31.64 -- 6200 ACE CONSERVATION SPECIALIST I 0 26.03 2,082.39 1 27.33 2,186.53 2 28.70 2,295.87 3 30.13 2,410.63 4 31.64 2,531.17 Page 108 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6202 ACE CONSERVATION SPECIALIST II 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 6427 ACE CONSTRUCTION & REPAIR SUPV 0 40.72 3,257.50 1 42.75 3,420.37 2 44.89 3,591.39 3 47.14 3,770.96 4 49.49 3,959.52 2023 UCHR COUNCIL ASSISTANT 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- 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 -- 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 24.07 -- 1 25.27 -- 2 26.53 -- 3 27.86 -- 4 29.25 -- Page 109 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6667 ACE CUSTODIAL SUPERVISOR 0 26.43 2,114.23 1 27.75 2,219.95 2 29.14 2,330.95 3 30.59 2,447.50 4 32.12 2,569.88 6661 ACE CUSTODIAN 0 20.89 1,671.32 1 21.94 1,754.88 2 23.03 1,842.63 3 24.18 1,934.77 4 25.39 2,031.50 6662 UCHR CUSTODIAN 0 20.89 -- 1 21.94 -- 2 23.03 -- 3 24.18 -- 4 25.39 -- 7191 ACE DELIVERY DRIVER 0 19.82 1,585.46 1 20.81 1,664.74 2 21.85 1,747.98 3 22.94 1,835.38 4 24.09 1,927.15 2212 SM DEP DIRECTOR, CITY CLERK SVCS 0 45.87 3,669.64 1 48.16 3,853.12 2 50.57 4,045.77 3 53.10 4,248.06 4 55.76 4,460.47 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 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 Page 110 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 2411 SM DEPUTY CITY ATTORNEY III 0 75.94 6,075.13 1 79.74 6,378.88 2 83.72 6,697.83 3 87.91 7,032.73 4 92.30 7,384.36 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 0 106.62 8,529.82 1 -- -- 2 -- -- 3 -- -- 4 118.10 9,447.66 5505 SM DEPUTY FIRE CHIEF 0 76.49 6,118.97 1 -- -- 2 -- -- 3 -- -- 4 92.97 7,437.67 5130 MM DETENTION FACILITY MANAGER (T) 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 5137 ACE DETENTIONS OFFICER 0 28.88 2,310.51 1 30.33 2,426.03 2 31.84 2,547.33 3 33.43 2,674.71 4 35.11 2,808.44 Page 111 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5135 ACE DETENTIONS SUPERVISOR 0 33.21 2,657.09 1 34.87 2,789.94 2 36.62 2,929.44 3 38.45 3,075.92 4 40.37 3,229.71 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 71.29 5,703.54 1 74.86 5,988.72 2 78.60 6,288.16 3 82.53 6,602.57 4 86.66 6,932.69 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 4542 ACE DEVELOPMENT SERVICES TECH I 0 24.59 1,967.54 1 25.82 2,065.90 2 27.11 2,169.19 3 28.47 2,277.66 4 29.89 2,391.55 4541 ACE DEVELOPMENT SERVICES TECH II 0 27.05 2,164.28 1 28.41 2,272.49 2 29.83 2,386.12 3 31.32 2,505.43 4 32.88 2,630.69 4544 UCHR DEVELOPMENT SERVICES TECH II 0 27.05 -- 1 28.41 -- 2 29.83 -- 3 31.32 -- 4 32.88 -- Page 112 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 4543 ACE DEVELOPMENT SERVICES TECH III 0 31.11 2,488.92 1 32.67 2,613.37 2 34.30 2,744.04 3 36.02 2,881.24 4 37.82 3,025.30 5249 ACE DIGITAL FORENSICS ANLYT I 0 33.84 2,707.49 1 35.54 2,842.86 2 37.31 2,985.00 3 39.18 3,134.25 4 41.14 3,290.97 5247 ACE DIGITAL FORENSICS ANLYT II 0 38.92 3,113.62 1 40.87 3,269.31 2 42.91 3,432.76 3 45.06 3,604.41 4 47.31 3,784.61 5245 ACE DIGITAL FORENSICS TECH I 0 26.75 2,140.30 1 28.09 2,247.32 2 29.50 2,359.69 3 30.97 2,477.68 4 32.52 2,601.55 5243 ACE DIGITAL FORENSICS TECH II 0 30.77 2,461.36 1 32.31 2,584.42 2 33.92 2,713.64 3 35.62 2,849.32 4 37.40 2,991.78 5350 EXEC DIR OF ANIMAL SERVICES 0 68.43 5,474.00 1 -- -- 2 -- -- 3 -- -- 4 83.17 6,653.68 7004 EXEC DIR OF COMMUNITY SERVICES 0 83.99 6,719.12 1 88.19 7,055.08 2 92.60 7,407.83 3 97.23 7,778.22 4 102.09 8,167.43 Page 113 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 88.30 7,064.08 1 101.02 8,081.69 2 -- -- 3 -- -- 4 107.34 8,587.57 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 3601 EXEC DIR OF FINANCE 0 88.31 7,065.02 1 -- -- 2 -- -- 3 104.56 8,364.79 4 107.34 8,587.57 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 68.43 5,474.00 1 76.72 6,137.64 2 80.56 6,444.51 3 -- -- 4 83.17 6,653.68 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 3001 EXEC DIR OF INFO TECH SERVICES 0 83.99 6,719.12 1 -- -- 2 92.60 7,407.83 3 -- -- 4 102.09 8,167.43 Page 114 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6320 EXEC DIR OF PUBLIC WORKS 0 88.31 7,065.02 1 -- -- 2 -- -- 3 99.65 7,971.65 4 107.34 8,587.57 2720 SM ECONOMIC DEVELOPMENT MGR 0 67.87 5,429.25 1 71.26 5,700.72 2 74.82 5,985.75 3 78.56 6,285.04 4 82.49 6,599.29 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 31.45 2,516.35 1 33.03 2,642.18 2 34.68 2,774.28 3 36.41 2,912.99 4 38.23 3,058.65 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 6438 ACE ELECTRICIAN 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.99 2,239.22 1 29.39 2,351.17 2 30.86 2,468.73 3 32.40 2,592.17 4 34.02 2,721.78 6475 ACE ELECTRONICS TECHNICIAN 0 33.87 2,709.45 1 35.56 2,844.92 2 37.34 2,987.18 3 39.21 3,136.53 4 41.17 3,293.34 Page 115 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 38.95 3,115.87 1 40.90 3,271.66 2 42.94 3,435.25 3 45.09 3,607.01 4 47.34 3,787.35 5560 SM EMERGENCY SERVICES MGR 0 51.21 4,096.74 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 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 28.66 2,293.16 1 30.10 2,407.82 2 31.60 2,528.21 3 33.18 2,654.63 4 34.84 2,787.37 Page 116 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6071 ACE ENGINEERING TECHNICIAN II 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 37.91 3,032.73 1 39.80 3,184.37 2 41.79 3,343.59 3 43.88 3,510.74 4 46.08 3,686.31 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 29.62 2,369.60 1 31.10 2,488.09 2 32.66 2,612.48 3 34.29 2,743.11 4 36.00 2,880.26 6361 ACE EQUIPMENT OPERATOR 0 30.33 2,426.77 1 31.85 2,548.11 2 33.44 2,675.51 3 35.12 2,809.28 4 36.87 2,949.74 Page 117 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 0187 CONF EXECUTIVE SECRETARY 0 34.54 2,763.38 1 36.27 2,901.54 2 38.08 3,046.61 3 39.99 3,198.94 4 41.99 3,358.88 5270 CONF FA ACCOUNTING TECHNICIAN 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 5297 CONF FA ADMINSTRATIVE ANALYST I 0 32.10 2,567.72 1 33.70 2,696.13 2 35.39 2,830.90 3 37.16 2,972.46 4 39.01 3,121.08 5296 CONF FA ADMINSTRATIVE ANALYST II 0 35.31 2,824.49 1 37.07 2,965.71 2 38.93 3,114.00 3 40.87 3,269.71 4 42.91 3,433.19 5277 CONF FA ANALYST 0 24.53 1,962.16 1 25.75 2,060.27 2 27.04 2,163.29 3 28.39 2,271.45 4 29.81 2,385.03 5455 MMUC FA CYBER SECURITY PROG MGR 0 46.54 3,723.28 1 48.87 3,909.43 2 51.31 4,104.90 3 53.88 4,310.14 4 56.57 4,525.65 5465 SM FA DEPUTY DIRECTOR OF LECC 0 52.81 4,224.87 1 55.45 4,436.12 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 Page 118 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 31.42 2,513.89 1 32.99 2,639.59 2 34.64 2,771.58 3 36.38 2,910.14 4 38.20 3,055.66 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 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 Page 119 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5485 CONF FA INTEL ANLYT 0 33.20 2,656.10 1 34.86 2,788.91 2 36.60 2,928.36 3 38.43 3,074.77 4 40.36 3,228.52 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 29.93 2,394.19 1 31.42 2,513.89 2 33.00 2,639.60 3 34.64 2,771.59 4 36.38 2,910.15 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 38.49 3,079.20 1 40.41 3,233.15 2 42.44 3,394.80 3 44.56 3,564.55 4 46.78 3,742.77 5292 PRUC FA NETWORK ADMINISTRATOR I 0 38.74 3,098.84 1 40.67 3,253.79 2 42.71 3,416.48 3 44.84 3,587.30 4 47.08 3,766.68 5294 PRUC FA NETWORK ADMINISTRATOR II 0 42.61 3,408.74 1 44.74 3,579.18 2 46.98 3,758.14 3 49.33 3,946.05 4 51.79 4,143.35 Page 120 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 23.91 1,912.51 1 25.10 2,008.13 2 26.36 2,108.55 3 27.67 2,213.99 4 29.06 2,324.67 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 52.81 4,224.87 1 55.52 4,441.89 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 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 38.53 3,082.34 1 40.46 3,236.45 2 42.48 3,398.28 3 44.60 3,568.19 4 46.83 3,746.59 Page 121 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 28.44 2,275.40 1 29.86 2,389.17 2 31.36 2,508.64 3 32.93 2,634.07 4 34.57 2,765.78 5477 CONF FA SENIOR SECRETARY 0 24.59 1,967.42 1 25.82 2,065.80 2 27.11 2,169.08 3 28.47 2,277.55 4 29.89 2,391.41 5489 PRUC FA SUP INTEL ANALYST I 0 41.69 3,334.81 1 43.77 3,501.55 2 45.96 3,676.62 3 48.26 3,860.46 4 50.67 4,053.48 5487 PRUC FA SUP INTEL ANALYST II 0 47.94 3,835.03 1 50.33 4,026.78 2 52.85 4,228.12 3 55.49 4,439.53 4 58.27 4,661.50 4051 SM FAC FINANCE MANAGER 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 Page 122 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 23.13 1,850.73 1 24.29 1,943.27 2 25.51 2,040.43 3 26.78 2,142.46 4 28.12 2,249.58 3623 SM FINANCE MGR 0 58.27 4,661.27 1 -- -- 2 -- -- 3 -- -- 4 70.82 5,665.80 3624 SM FINANCE MGR (CPA) 0 64.09 5,127.39 1 -- -- 2 71.41 5,712.54 3 74.98 5,998.17 4 77.90 6,232.39 6521 ACE FIRE APPARATUS MECHANIC (T) 0 35.43 2,834.05 1 37.20 2,975.74 2 39.06 3,124.54 3 41.01 3,280.77 4 43.06 3,444.80 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 Page 123 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 95.27 7,621.81 1 -- -- 2 112.93 9,034.41 3 -- -- 4 115.80 9,263.93 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 Page 124 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5601 IAFF FIRE ENGINEER - C 0 40.87 3,269.92 1 42.92 3,433.40 2 45.06 3,605.08 3 47.32 3,785.33 4 49.68 3,974.60 5536 UCHR FIRE INSPECTOR 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 33.73 2,698.75 1 35.42 2,833.69 2 37.19 2,975.38 3 39.05 3,124.15 4 41.00 3,280.36 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 37.11 2,968.62 1 38.96 3,117.05 2 40.91 3,272.90 3 42.96 3,436.54 4 45.10 3,608.37 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 37.11 -- 1 38.96 -- 2 40.91 -- 3 42.96 -- 4 45.10 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 Page 125 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 27.05 2,164.28 1 28.41 2,272.49 2 29.83 2,386.12 3 31.32 2,505.43 4 32.96 2,637.00 5625 ACE FIRE RECRUIT 0 25.73 2,058.77 1 27.02 2,161.71 2 28.37 2,269.80 3 29.79 2,383.29 4 31.28 2,502.46 5623 IAFF FIREFIGHTER - A 0 24.21 2,712.04 1 25.43 2,847.64 2 26.70 2,990.02 3 28.03 3,139.53 4 29.43 3,296.48 5621 IAFF FIREFIGHTER - C 0 33.90 2,712.04 1 35.60 2,847.64 2 37.38 2,990.02 3 39.24 3,139.52 4 41.21 3,296.50 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 27.85 3,118.84 1 29.24 3,274.79 2 30.70 3,438.53 3 32.24 3,610.45 4 33.85 3,790.96 Page 126 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 21.34 1,707.28 1 22.41 1,792.65 2 23.53 1,882.27 3 24.70 1,976.37 4 25.94 2,075.20 0170 UCHR FISCAL OFFICE SPECIALIST 0 21.34 -- 1 22.41 -- 2 23.53 -- 3 24.70 -- 4 25.94 -- 3610 PROF FISCAL SERVICES 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 Page 127 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6513 ACE FLEET INVENTORY CONTROL SPEC 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 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 38.11 3,048.85 1 40.02 3,201.29 2 42.02 3,361.36 3 44.12 3,529.43 4 46.32 3,705.90 5114 ACE FORENSICS SPECIALIST 0 33.84 2,707.48 1 35.54 2,842.85 2 37.31 2,985.03 3 39.18 3,134.26 4 41.14 3,290.97 5759 UCHR FUELS MODULE CREWMEMBER 0 18.05 -- 1 18.96 -- 2 -- -- 3 -- -- 4 -- -- 3075 ACE GIS ANALYST 0 34.42 2,753.99 1 36.15 2,891.69 2 37.95 3,036.28 3 39.85 3,188.09 4 41.84 3,347.50 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 Page 128 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3077 ACE GIS TECHNICIAN 0 29.33 2,346.61 1 30.80 2,463.94 2 32.34 2,587.13 3 33.96 2,716.49 4 35.65 2,852.32 2775 ACE GRAPHIC DESIGNER 0 30.19 2,415.33 1 31.70 2,536.09 2 33.29 2,662.89 3 34.95 2,796.05 4 36.70 2,935.83 4321 MM HOMELESS SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4311 MM HOUSING MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 3310 PRCF HUMAN RESOURCES ANALYST 0 36.85 2,948.03 1 38.69 3,095.43 2 40.63 3,250.21 3 42.66 3,412.72 4 44.79 3,583.35 3312 UCHR HUMAN RESOURCES ANALYST 0 36.85 -- 1 38.69 -- 2 40.63 -- 3 42.66 -- 4 44.79 -- 3331 SM HUMAN RESOURCES MANAGER 0 62.02 4,961.70 1 -- -- 2 -- -- 3 -- -- 4 75.38 6,030.73 Page 129 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3332 UCHR HUMAN RESOURCES MANAGER 0 62.02 -- 1 -- -- 2 -- -- 3 -- -- 4 75.38 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 27.49 2,199.08 1 28.86 2,309.04 2 30.31 2,424.49 3 31.82 2,545.71 4 33.41 2,673.00 6430 ACE HVAC TECHNICIAN 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 5104 SM INFO TECHNOLOGY MANAGER 0 59.61 4,768.93 1 -- -- 2 64.58 5,166.01 3 -- -- 4 71.54 5,722.94 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 58.62 4,689.88 1 -- -- 2 65.37 5,229.24 3 -- -- 4 71.26 5,700.58 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 Page 130 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 29.62 2,369.60 1 31.10 2,488.09 2 32.66 2,612.48 3 34.29 2,743.11 4 36.00 2,880.26 0269 UCHR INTERN - GRADUATE 0 17.05 -- 1 17.90 -- 2 18.80 -- 3 19.74 -- 4 20.72 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4480 PROF LANDSCAPE ARCHITECT 0 41.94 3,355.21 1 44.04 3,522.97 2 46.24 3,699.12 3 48.55 3,884.07 4 50.98 4,078.28 6291 ACE LANDSCAPE INSPECTOR 0 36.26 2,900.86 1 38.07 3,045.91 2 39.98 3,198.20 3 41.98 3,358.12 4 44.08 3,526.02 4482 ACE LANDSCAPE PLANNER I 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 4483 ACE LANDSCAPE PLANNER II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 Page 131 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5111 ACE LATENT PRINT EXAMINER 0 38.92 3,113.62 1 40.87 3,269.31 2 42.91 3,432.76 3 45.06 3,604.41 4 47.31 3,784.61 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 22.98 1,838.47 1 24.13 1,930.38 2 25.34 2,026.92 3 26.60 2,128.26 4 27.93 2,234.67 0183 CONF LEGAL ASSISTANT 0 28.83 2,306.40 1 30.27 2,421.72 2 31.79 2,542.81 3 33.37 2,669.94 4 35.04 2,803.43 7075 ACE LIBRARIAN I 0 29.05 2,324.39 1 30.51 2,440.61 2 32.03 2,562.64 3 33.63 2,690.77 4 35.32 2,825.31 7076 UCHR LIBRARIAN I 0 29.05 -- 1 30.51 -- 2 32.03 -- 3 33.63 -- 4 35.32 -- 7073 ACE LIBRARIAN II 0 31.96 2,556.82 1 33.56 2,684.67 2 35.24 2,818.90 3 37.00 2,959.85 4 38.85 3,107.84 Page 132 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 7071 ACE LIBRARIAN III 0 35.16 2,812.51 1 36.91 2,953.14 2 38.76 3,100.79 3 40.70 3,255.83 4 42.73 3,418.63 7181 UCHR LIBRARY AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7157 ACE LIBRARY ASSISTANT 0 19.69 1,575.16 1 20.67 1,653.93 2 21.71 1,736.61 3 22.79 1,823.44 4 23.93 1,914.63 7091 ACE LIBRARY ASSOCIATE 0 24.89 1,990.83 1 26.13 2,090.36 2 27.44 2,194.89 3 28.81 2,304.64 4 30.25 2,419.88 7092 UCHR LIBRARY ASSOCIATE 0 24.89 -- 1 26.13 -- 2 27.44 -- 3 28.81 -- 4 30.25 -- 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 Page 133 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 7121 ACE LIBRARY TECHNICIAN 0 22.64 1,811.44 1 23.78 1,902.02 2 24.96 1,997.13 3 26.21 2,096.98 4 27.52 2,201.82 7587 UCHR LIFEGUARD I 0 16.27 -- 1 17.09 -- 2 17.94 -- 3 18.84 -- 4 19.78 -- 7585 UCHR LIFEGUARD II 0 17.90 -- 1 18.80 -- 2 19.74 -- 3 20.72 -- 4 21.76 -- 6443 ACE LOCKSMITH 0 28.77 2,301.23 1 30.20 2,416.28 2 31.71 2,537.10 3 33.30 2,663.95 4 34.96 2,797.16 6377 ACE MAINTENANCE WORKER I 0 21.62 1,729.60 1 22.70 1,816.08 2 23.84 1,906.88 3 25.03 2,002.23 4 26.28 2,102.33 6379 UCHR MAINTENANCE WORKER I 0 21.62 -- 1 22.70 -- 2 23.84 -- 3 25.03 -- 4 26.28 -- 6373 ACE MAINTENANCE WORKER II 0 23.78 1,902.55 1 24.97 1,997.69 2 26.22 2,097.56 3 27.53 2,202.45 4 28.91 2,312.57 Page 134 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 0228 CONF MANAGEMENT ANALYST I 0 32.70 2,616.31 1 34.34 2,747.12 2 36.06 2,884.48 3 37.86 3,028.72 4 39.75 3,180.14 0229 ACE MANAGEMENT ANALYST I 0 32.70 2,616.31 1 34.34 2,747.12 2 36.06 2,884.48 3 37.86 3,028.72 4 39.75 3,180.14 0224 CONF MANAGEMENT ANALYST II 0 35.97 2,877.94 1 37.77 3,021.84 2 39.66 3,172.92 3 41.64 3,331.57 4 43.73 3,498.14 0227 ACE MANAGEMENT ANALYST II 0 35.97 2,877.94 1 37.77 3,021.84 2 39.66 3,172.92 3 41.64 3,331.57 4 43.73 3,498.14 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 73.35 5,868.27 6550 ACE MECHANIC ASSISTANT 0 23.20 1,856.34 1 24.36 1,949.15 2 25.58 2,046.61 3 26.86 2,148.94 4 28.20 2,256.38 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 Page 135 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 29.06 2,324.96 1 30.52 2,441.20 2 32.04 2,563.27 3 33.64 2,691.43 4 35.33 2,826.00 0160 UCHR OFFICE SPECIALIST 0 20.32 -- 1 21.34 -- 2 22.41 -- 3 23.53 -- 4 24.70 -- 0161 ACE OFFICE SPECIALIST 0 20.32 1,625.95 1 21.34 1,707.25 2 22.41 1,792.62 3 23.53 1,882.24 4 24.70 1,976.34 0162 ACE OFFICE SPECIALIST-MAYOR 0 20.32 1,625.95 1 21.34 1,707.25 2 22.41 1,792.62 3 23.53 1,882.24 4 24.70 1,976.34 6311 ACE OPEN SPACE INSPECTOR 0 36.26 2,900.86 1 38.07 3,045.91 2 39.98 3,198.20 3 41.98 3,358.12 4 44.08 3,526.02 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 Page 136 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6434 ACE PAINTER 0 27.46 2,196.64 1 28.83 2,306.46 2 30.27 2,421.78 3 31.79 2,542.88 4 33.38 2,670.02 2475 CONF PARALEGAL 0 30.94 2,475.11 1 32.49 2,598.85 2 34.11 2,728.81 3 35.82 2,865.25 4 37.61 3,008.51 2476 UCHR PARALEGAL 0 30.94 -- 1 32.49 -- 2 34.11 -- 3 35.82 -- 4 37.61 -- 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 Page 137 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 7441 ACE PARK RANGER SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.88 1,750.39 1 22.97 1,837.91 2 24.12 1,929.81 3 25.33 2,026.29 4 26.60 2,127.61 3693 ACE PARKING METER TECHNICIAN 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 7407 SM PARKS & RECREATION ADM 0 62.28 4,982.11 1 65.39 5,231.21 2 68.66 5,492.77 3 72.09 5,767.40 4 75.70 6,055.77 6619 ACE PARKS MAINT WORKER I 0 21.65 1,731.97 1 22.73 1,818.56 2 23.87 1,909.49 3 25.06 2,004.97 4 26.32 2,105.22 6620 UCHR PARKS MAINT WORKER I (HOURLY) 0 21.65 -- 1 22.73 -- 2 23.87 -- 3 25.06 -- 4 26.32 -- 6617 ACE PARKS MAINT WORKER II 0 23.81 1,905.16 1 25.01 2,000.41 2 26.26 2,100.45 3 27.57 2,205.46 4 28.95 2,315.73 Page 138 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6604 MM PARKS MANAGER 0 44.48 3,558.24 1 46.70 3,736.15 2 49.04 3,922.95 3 51.49 4,119.10 4 54.06 4,325.04 6605 ACE PARKS SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 3665 CONF PAYROLL SPECIALIST 0 29.00 2,320.01 1 30.45 2,436.01 2 31.97 2,557.81 3 33.57 2,685.70 4 35.25 2,819.99 3663 CONF PAYROLL SUPERVISOR 0 34.32 2,745.97 1 36.04 2,883.28 2 37.84 3,027.44 3 39.74 3,178.81 4 41.72 3,337.76 5061 POA PEACE OFFICER 0 43.44 3,474.86 1 45.61 3,648.59 2 47.89 3,831.02 3 50.28 4,022.57 4 52.80 4,223.70 5 55.44 4,434.89 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 Page 139 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 4753 ACE PLAN CHECK TECHNICIAN 0 31.53 2,522.49 1 33.11 2,648.61 2 34.76 2,781.04 3 36.50 2,920.10 4 38.33 3,066.10 4727 SM PLANNING MANAGER 0 65.84 5,267.04 1 -- -- 2 71.04 5,683.21 3 74.59 5,967.37 4 79.43 6,354.08 4527 ACE PLANNING TECHNICIAN 0 25.91 2,072.61 1 27.20 2,176.21 2 28.56 2,285.02 3 29.99 2,399.28 4 31.49 2,519.25 6432 ACE PLUMBER 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 60.47 4,837.81 1 -- -- 2 -- -- 3 -- -- 4 73.50 5,880.19 5051 POA POLICE AGENT 0 47.83 3,826.37 1 50.22 4,017.69 2 52.73 4,218.57 3 55.37 4,429.48 4 58.14 4,650.95 5 61.04 4,883.51 Page 140 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5022 SM POLICE CAPTAIN 0 83.33 6,666.26 1 -- -- 2 -- -- 3 -- -- 4 101.28 8,102.56 5258 ACE POLICE COMM RELATIONS SPEC 0 27.68 2,214.24 1 29.06 2,324.96 2 30.52 2,441.20 3 32.04 2,563.27 4 33.64 2,691.43 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 5187 UCHR POLICE DISPATCH CALLTAKER 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- 5180 UCHR POLICE DISPATCHER 0 33.83 -- 1 35.52 -- 2 37.30 -- 3 39.16 -- 4 41.12 -- 5181 ACE POLICE DISPATCHER 0 33.83 2,706.46 1 35.52 2,841.79 2 37.30 2,983.88 3 39.16 3,133.06 4 41.12 3,289.71 5183 ACE POLICE DISPATCHER SUPERVISOR 0 39.81 3,185.16 1 41.81 3,344.42 2 43.90 3,511.64 3 46.09 3,687.22 4 48.39 3,871.58 Page 141 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5179 ACE POLICE DISPATCHER TRAINEE 0 30.76 2,460.42 1 32.29 2,583.45 2 33.91 2,712.61 3 35.60 2,848.24 4 37.38 2,990.65 5191 ACE POLICE FACILITY & SUPPLY COORD 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 5031 POA POLICE LIEUTENANT 0 66.03 5,282.16 1 69.33 5,546.26 2 72.79 5,823.58 3 76.43 6,114.77 4 80.26 6,420.51 5 84.27 6,741.54 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 27.40 2,191.79 1 28.77 2,301.38 2 30.21 2,416.45 3 31.72 2,537.27 4 33.30 2,664.14 0165 ACE POLICE RECORDS SPECIALIST 0 20.72 1,657.31 1 21.75 1,740.17 2 22.84 1,827.18 3 23.98 1,918.54 4 25.18 2,014.47 0166 UCHR POLICE RECORDS SPECIALIST 0 20.72 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- Page 142 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5071 ACE POLICE RECRUIT 0 32.89 2,631.19 1 34.53 2,762.73 2 36.26 2,900.86 3 38.07 3,045.91 4 39.98 3,198.20 5041 POA POLICE SERGEANT 0 55.02 4,401.47 1 57.77 4,621.55 2 60.66 4,852.63 3 63.69 5,095.25 4 66.88 5,350.02 5 70.22 5,617.52 5415 ACE POLICE SERVICES TECHNICIAN 0 26.08 2,086.79 1 27.39 2,191.13 2 28.76 2,300.70 3 30.20 2,415.72 4 31.71 2,536.52 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 45.53 3,642.34 1 47.81 3,824.46 2 50.20 4,015.68 3 52.71 4,216.46 4 55.34 4,427.28 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 Page 143 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 41.24 3,299.07 1 43.30 3,464.02 2 45.47 3,637.23 3 47.74 3,819.08 4 50.13 4,010.04 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 68.58 5,486.05 1 72.00 5,760.36 2 75.60 6,048.37 3 79.39 6,350.81 4 83.35 6,668.34 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 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 Page 144 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 7051 MM PRINCIPAL LIBRARIAN 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 4431 MM PRINCIPAL PLANNER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 7410 MM PRINCIPAL RECREATION MANAGER 0 45.86 3,668.49 1 48.15 3,851.91 2 50.56 4,044.50 3 53.08 4,246.73 4 55.74 4,459.07 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 68.58 5,486.05 1 72.00 5,760.36 2 75.60 6,048.37 3 79.39 6,350.81 4 83.35 6,668.34 Page 145 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 32.05 2,564.08 1 33.65 2,692.27 2 35.34 2,826.87 3 37.10 2,968.23 4 38.96 3,116.64 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 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 4215 ACE PROJECT COORDINATOR II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.92 1,833.22 1 24.06 1,924.88 2 25.26 2,021.14 3 26.53 2,122.19 4 27.85 2,228.30 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 30.31 2,424.43 1 31.82 2,545.67 2 33.41 2,672.94 3 35.08 2,806.60 4 36.84 2,946.92 Page 146 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 2782 CONF PUBLIC INFORMATION SPECIALIST 0 32.26 2,581.14 1 33.88 2,710.22 2 35.57 2,845.70 3 37.35 2,988.00 4 39.22 3,137.40 2783 ACE PUBLIC INFORMATION SPECIALIST 0 32.26 2,581.14 1 33.88 2,710.22 2 35.57 2,845.70 3 37.35 2,988.00 4 39.22 3,137.40 5254 ACE PUBLIC SAFETY ANALYST 0 35.31 2,824.49 1 37.07 2,965.71 2 38.93 3,114.00 3 40.87 3,269.71 4 42.91 3,433.19 5256 UCHR PUBLIC SAFETY ANALYST 0 35.31 -- 1 37.07 -- 2 38.93 -- 3 40.87 -- 4 42.91 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.96 2,637.16 1 34.61 2,769.00 2 36.34 2,907.46 3 38.16 3,052.83 4 40.07 3,205.47 6121 ACE PUBLIC WORKS INSPECTOR II 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 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 Page 147 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6712 ACE PUBLIC WORKS SPECIALIST 0 26.28 2,102.08 1 27.59 2,207.17 2 28.97 2,317.52 3 30.42 2,433.40 4 31.94 2,555.09 6327 SM PUBLIC WORKS SUPERINTENDENT 0 60.54 4,843.42 1 63.57 5,085.58 2 66.75 5,339.87 3 70.09 5,606.86 4 73.59 5,887.21 6337 ACE PUBLIC WORKS SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 35.61 2,848.91 1 37.39 2,991.37 2 39.26 3,140.92 3 41.22 3,297.97 4 43.29 3,462.87 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.97 2,477.31 1 32.51 2,601.18 2 34.14 2,731.23 3 35.85 2,867.79 4 37.64 3,011.18 3711 SM PURCHASING AGENT 0 57.34 4,587.55 1 -- -- 2 -- -- 3 -- -- 4 69.70 5,576.19 5417 ACE RANGE MASTER 0 26.47 2,117.97 1 27.80 2,223.87 2 29.19 2,335.06 3 30.65 2,451.81 4 32.18 2,574.41 Page 148 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 7605 UCHR RECREATION AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7603 UCHR RECREATION LEADER 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7601 UCHR RECREATION SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 7425 ACE RECREATION SUPERVISOR I 0 26.66 2,132.89 1 27.99 2,239.53 2 29.39 2,351.52 3 30.86 2,469.09 4 32.41 2,592.54 Page 149 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 7426 UCHR RECREATION SUPERVISOR I 0 26.66 -- 1 27.99 -- 2 29.39 -- 3 30.86 -- 4 32.41 -- 7423 ACE RECREATION SUPERVISOR II 0 29.33 2,346.18 1 30.79 2,463.49 2 32.33 2,586.66 3 33.95 2,716.00 4 35.65 2,851.80 7422 ACE RECREATION SUPERVISOR III 0 33.73 2,698.11 1 35.41 2,833.02 2 37.18 2,974.67 3 39.04 3,123.39 4 40.99 3,279.56 2742 ACE RECYCLING SPECIALIST I 0 26.03 2,082.39 1 27.33 2,186.51 2 28.70 2,295.85 3 30.13 2,410.62 4 31.64 2,531.16 2744 ACE RECYCLING SPECIALIST II 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 5307 ACE REGISTERED VETERINARY TECH 0 24.86 1,988.48 1 26.10 2,087.90 2 27.40 2,192.30 3 28.77 2,301.93 4 30.21 2,417.03 5312 UCHR REGISTERED VETERINARY TECH 0 24.86 -- 1 26.10 -- 2 27.40 -- 3 28.77 -- 4 30.21 -- Page 150 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- 3689 SM REVENUE MANAGER 0 58.27 4,661.27 1 -- -- 2 66.85 5,348.08 3 -- -- 4 70.82 5,665.80 3367 PRCF RISK MANAGEMENT SPECIALIST 0 38.48 3,078.08 1 40.40 3,231.98 2 42.42 3,393.59 3 44.54 3,563.27 4 46.77 3,741.43 0231 UCHR SEASONAL ASSISTANT 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 0171 ACE SECRETARY 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 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 Page 151 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 26.57 2,125.24 1 27.89 2,231.50 2 29.29 2,343.09 3 30.75 2,460.26 4 32.29 2,583.26 0185 ACE SENIOR ADMIN SECRETARY 0 31.40 2,512.16 1 32.97 2,637.76 2 34.62 2,769.66 3 36.35 2,908.11 4 38.17 3,053.53 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.82 1,905.62 1 25.01 2,000.91 2 26.26 2,100.95 3 27.58 2,206.00 4 28.95 2,316.29 3089 PROF SENIOR APPLICATION SUPP SPEC 0 45.04 3,602.83 1 47.29 3,782.98 2 49.65 3,972.12 3 52.13 4,170.74 4 54.74 4,379.27 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 85.62 6,849.40 1 89.90 7,191.87 2 94.39 7,551.47 3 99.11 7,929.04 4 104.07 8,325.49 4781 ACE SENIOR BUILDING INSPECTOR 0 41.70 3,335.97 1 43.78 3,502.78 2 45.97 3,677.92 3 48.27 3,861.82 4 50.69 4,054.89 4507 ACE SENIOR BUSINESS LICENSE REP 0 26.57 2,125.24 1 27.89 2,231.50 2 29.29 2,343.09 3 30.75 2,460.26 4 32.29 2,583.26 Page 152 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6019 WCE SENIOR CIVIL ENGINEER 0 58.41 4,672.70 1 61.33 4,906.34 2 64.40 5,151.65 3 67.62 5,409.24 4 71.00 5,679.70 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 39.84 3,187.43 1 41.83 3,346.79 2 43.93 3,514.14 3 46.12 3,689.83 4 48.43 3,874.33 6204 ACE SENIOR CONSERVATION SPECIALIST 0 32.93 2,634.26 1 34.57 2,765.97 2 36.30 2,904.26 3 38.12 3,049.47 4 40.02 3,201.95 2025 UCHR SENIOR COUNCIL ASSISTANT 0 29.52 -- 1 31.00 -- 2 32.55 -- 3 34.18 -- 4 35.88 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 29.52 2,361.79 1 31.00 2,479.88 2 32.55 2,603.87 3 34.18 2,734.07 4 35.88 2,870.77 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 35.41 2,832.60 1 37.18 2,974.24 2 39.04 3,122.95 3 40.99 3,279.09 4 43.04 3,443.04 Page 153 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 38.95 3,115.87 1 40.90 3,271.66 2 42.94 3,435.25 3 45.09 3,607.01 4 47.34 3,787.35 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 6512 ACE SENIOR EQUIPMENT MECHANIC 0 34.06 2,725.05 1 35.77 2,861.30 2 37.55 3,004.36 3 39.43 3,154.57 4 41.40 3,312.30 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 43.11 3,448.41 1 45.26 3,620.82 2 47.52 3,801.87 3 49.90 3,991.97 4 52.39 4,191.55 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 23.47 1,877.99 1 24.65 1,971.89 2 25.88 2,070.50 3 27.18 2,174.01 4 28.53 2,282.72 3073 ACE SENIOR GIS ANALYST 0 37.87 3,029.38 1 39.76 3,180.86 2 41.75 3,339.90 3 43.84 3,506.89 4 46.03 3,682.24 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 Page 154 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 3316 CONF SENIOR HR TECHNICIAN 0 31.61 2,528.94 1 33.19 2,655.39 2 34.85 2,788.17 3 36.59 2,927.57 4 38.42 3,073.95 6441 ACE SENIOR HVAC TECHNICIAN 0 35.41 2,832.60 1 37.18 2,974.24 2 39.04 3,122.95 3 40.99 3,279.09 4 43.04 3,443.04 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 41.70 3,335.99 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.91 Page 155 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5110 ACE SENIOR LATENT PRINT EXAMINER 0 44.76 3,580.65 1 47.00 3,759.70 2 49.35 3,947.67 3 51.81 4,145.07 4 54.40 4,352.31 2463 CONF SENIOR LEGAL ASSISTANT 0 31.71 2,537.03 1 33.30 2,663.87 2 34.96 2,797.07 3 36.71 2,936.92 4 38.55 3,083.78 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 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 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 Page 156 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 0174 UCHR SENIOR OFFICE SPECIALIST 0 22.36 -- 1 23.48 -- 2 24.65 -- 3 25.88 -- 4 27.18 -- 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 41.70 3,335.99 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.91 7439 ACE SENIOR PARK RANGER 0 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 6615 ACE SENIOR PARKS MAINT WORKER 0 28.58 2,286.19 1 30.01 2,400.51 2 31.51 2,520.52 3 33.08 2,646.55 4 34.74 2,778.88 Page 157 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 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 4529 ACE SENIOR PLANNING TECHNICIAN 0 29.79 2,383.47 1 31.28 2,502.65 2 32.85 2,627.79 3 34.49 2,759.17 4 36.21 2,897.14 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.82 1,905.90 1 25.02 2,001.21 2 26.27 2,101.26 3 27.58 2,206.32 4 28.96 2,316.63 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.82 -- 1 25.02 -- 2 26.27 -- 3 27.58 -- 4 28.96 -- 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 Page 158 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3091 PROF SENIOR PROGRAMMER ANALYST 0 46.35 3,707.71 1 48.66 3,893.11 2 51.10 4,087.76 3 53.65 4,292.15 4 56.33 4,506.75 4214 PROF SENIOR PROJECT COORDINATOR 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 26.35 2,108.20 1 27.67 2,213.62 2 29.05 2,324.31 3 30.51 2,440.51 4 32.03 2,562.54 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 41.70 3,335.98 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.90 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 Page 159 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 2215 ACE SENIOR RECORDS SPECIALIST 0 25.71 2,056.86 1 27.00 2,159.69 2 28.35 2,267.68 3 29.76 2,381.07 4 31.25 2,500.12 2746 ACE SENIOR RECYCLING SPECIALIST 0 32.93 2,634.26 1 34.57 2,765.97 2 36.30 2,904.26 3 38.12 3,049.47 4 40.02 3,201.95 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 24.59 1,967.42 1 25.82 2,065.81 2 27.11 2,169.09 3 28.47 2,277.56 4 29.89 2,391.43 6573 ACE SENIOR TREE TRIMMER 0 31.44 2,514.81 1 33.01 2,640.56 2 34.66 2,772.57 3 36.39 2,911.21 4 38.21 3,056.77 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 37.90 3,031.81 1 39.79 3,183.38 2 41.78 3,342.56 3 43.87 3,509.69 4 46.06 3,685.16 Page 160 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 41.69 3,334.98 1 43.77 3,501.73 2 45.96 3,676.80 3 48.26 3,860.65 4 50.67 4,053.68 6355 ACE SIGNING AND STRIPING SUPV 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 2751 SM SPECIAL PROJECTS MGR 0 51.21 4,096.74 1 52.51 4,200.62 2 55.13 4,410.65 3 57.89 4,631.18 4 62.25 4,979.60 6614 UCHR SR PARKS MAINT WRKR (HOURLY) 0 28.58 -- 1 30.01 -- 2 31.51 -- 3 33.08 -- 4 34.74 -- 3734 ACE STOREKEEPER 0 23.78 1,902.55 1 24.97 1,997.69 2 26.22 2,097.56 3 27.53 2,202.45 4 28.91 2,312.57 3732 ACE STOREKEEPER SUPERVISOR 0 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 6127 ACE STORMWATER COMPLNCE INSP I 0 30.76 2,461.04 1 32.30 2,584.09 2 33.92 2,713.30 3 35.61 2,848.97 4 37.39 2,991.42 Page 161 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6125 ACE STORMWATER COMPLNCE INSP II 0 33.84 2,707.15 1 35.53 2,842.50 2 37.31 2,984.63 3 39.17 3,133.87 4 41.13 3,290.55 6137 ACE STORMWATER ENV SPECIALIST I 0 34.46 2,757.01 1 36.19 2,894.88 2 38.00 3,039.61 3 39.90 3,191.60 4 41.89 3,351.19 6135 ACE STORMWATER ENV SPECIALIST II 0 37.91 3,032.73 1 39.80 3,184.37 2 41.79 3,343.59 3 43.88 3,510.74 4 46.08 3,686.31 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 28.66 2,293.16 1 30.10 2,407.82 2 31.60 2,528.21 3 33.18 2,654.63 4 34.84 2,787.37 6141 ACE SURVEY TECHNICIAN II 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 Page 162 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 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 26.53 2,122.26 1 27.85 2,228.37 2 29.25 2,339.79 3 30.71 2,456.78 4 32.25 2,579.62 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 30.20 2,416.35 1 31.71 2,537.17 2 33.30 2,664.02 3 34.97 2,797.22 4 36.71 2,937.09 Page 163 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 33.22 2,657.99 1 34.89 2,790.88 2 36.63 2,930.43 3 38.46 3,076.93 4 40.38 3,230.79 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 38.21 3,056.68 1 40.12 3,209.52 2 42.12 3,369.98 3 44.23 3,538.49 4 46.44 3,715.40 5262 ACE TRAINING PROGRAM SPECIALIST 0 27.68 2,214.24 1 29.06 2,324.96 2 30.52 2,441.20 3 32.04 2,563.27 4 33.64 2,691.43 6031 WCE TRANSPORTATION ENGR W CERT 0 58.41 4,672.70 1 61.33 4,906.34 2 64.40 5,151.65 3 67.62 5,409.24 4 71.00 5,679.70 6033 WCE TRANSPORTATION ENGR W/O CERT 0 55.63 4,450.20 1 58.41 4,672.71 2 61.33 4,906.35 3 64.40 5,151.66 4 67.62 5,409.25 6575 ACE TREE TRIMMER 0 26.20 2,095.67 1 27.51 2,200.46 2 28.88 2,310.48 3 30.33 2,426.00 4 31.84 2,547.30 6572 ACE TREE TRIMMER SUPERVISOR 0 36.15 2,892.02 1 37.96 3,036.64 2 39.86 3,188.47 3 41.85 3,347.89 4 43.94 3,515.29 Page 164 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 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 20.71 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5325 ACE VETERINARY ASSISTANT 0 20.71 1,657.08 1 21.75 1,739.93 2 22.84 1,826.92 3 23.98 1,918.28 4 25.18 2,014.19 Page 165 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective July 14, 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, Step 5 = Step F Period rate shown is based on 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 70 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 35.54 2,843.49 1 37.32 2,985.67 2 39.19 3,134.95 3 41.15 3,291.69 4 43.20 3,456.29 7131 ACE VOLUNTEER COORDINATOR 0 22.64 1,811.44 1 23.78 1,902.02 2 24.96 1,997.13 3 26.21 2,096.98 4 27.52 2,201.82 2777 ACE WEBMASTER 0 34.08 2,726.51 1 35.79 2,862.83 2 37.57 3,005.98 3 39.45 3,156.27 4 41.43 3,314.09 Revised June 6, 2023 (Effective July 14, 2023) Page 166 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, 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 167 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, 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 Code Enforcement Manager .......................................................................................... 3, 4 Senior Code Enforcement Officer ................................................................................. 3, 4 Code Enforcement Officer (all levels) ............................................................................... 3 Page 168 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, Resolution No. 2023-XXX Collections Supervisor ............................................................................................................... 3, 5 Communication/Special Events Coordinator ............................................................................. 5, 7 Communications Manager ......................................................................................................... 3, 5 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 Page 169 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, Resolution No. 2023-XXX Assistant Engineer ......................................................................................................... 3, 4 Fire Inventory Specialist ................................................................................................................ 6 Environmental Services Manager .......................................................................................... 3, 6, 7 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 Fiscal Services Analyst .............................................................................................................. 3, 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 Page 170 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, Resolution No. 2023-XXX Principal Landscape Architect ....................................................................................... 1, 2 Senior Landscape Inspector ........................................................................................... 3, 4 Landscape Architect....................................................................................................... 3, 4 Landscape Planner (all levels) ................................................................................................... 3, 4 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 Page 171 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, Resolution No. 2023-XXX Assistant Plan Check Engineer ...................................................................................... 1, 2 Associate Plan Check Engineer ..................................................................................... 1, 2 Plan Check Supervisor ............................................................................................................... 1, 2 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 Page 172 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, Resolution No. 2023-XXX Revenue Manager ................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist .............................................................................. 1, 2 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 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 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 173 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on MM/DD06/13/2023, 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 174 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Public Comments Written Communications - Davis I support the appointment of Jesse Navarro to the Citizen's Oversight Committee for Measure A, and expect your City Council and the City of Chula Vista to abide by your own Municipal Code and swear him in tonight for that position. The City Council majority's attempt at the prior regular meeting to rescind the previous vote retroactively does not align with Chula Vista's own Municipal Code: https://chulavista.municipal.codes/CVMC/2.04.570 B. A motion to rescind (repeal, cancel, nullify) prior Council action on a main motion shall be in order at any meeting of the Council. The effect of rescinding prior Council action shall operate prospectively only and not retroactively to the date of the original action. That is, it shall not operate to adversely affect intervening legal rights which create an estoppel situation. Please uphold your own regulations and honor the appointment of Mr. Navarro. Respectfully, Mary Davis Page 175 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda v . 0 03 P a g e | 1 June 13, 2023 ITEM TITLE Privacy and Technology: Place an Ordinance on First Reading to Add Chula Vista Municipal Code Chapter 2.73, Establishing a Privacy and Technology Advisory Commission Report Number: 23-0149 Location: No specific geographic location Department: Information Technology Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place an ordinance on first reading to establish a Privacy and Technology Advisory Commission under Chula Vista Municipal Code Chapter 2.73. (First Reading) SUMMARY The City of Chula Vista adopted a Smart City Strategic Action Plan (Action Plan) in September 2017. A key goal of the Action Plan is to continue efforts to become a more open and transparent City. To support this goal, the City has set an objective to maximize the use of data and analytics to improve services and increase public access to City information. This also includes ensuring that technology, including public data and information collected is stored, managed, and utilized in a secure, transparent, and safe way. To accomplish this, the City of Chula Vista adopted the Privacy Protection and Technology Transparency (Policy) in November 2022. The Policy is an effective way for the City to ensure the safe and effective use of technologies and protect public data. As part of the Policy implementation, the City will establish an advisory Commission responsible for carrying out a broad range of advisory duties including; reviewing and advising on City technology use policies, various City reports, procurement standards, and facilitating public discussion of important issues related to privacy and City technology. Page 176 of 338 City of Chula Vista City Council June 13, 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. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On January 18, 2022, as part of the on-going implementation of the Smart City Strategic Action Plan (Action Plan), City Council approved an agreement for the City of Chula Vista to engage a consulting firm to provide support for the development of a Citywide privacy protection policy. As part of this effort, in April 2022, the City Manager formed a 12-member Technology & Privacy Advisory Task Force (Task Force) comprised of Chula Vista residents and stakeholders to provide the City Manager with policy recommendations for consideration in the development of a citywide policy on technology and privacy issues. In November 2022, the City of Chula Vista adopted the Privacy Protection and Technology Transparency (Policy). The development of this Policy was guided by the policy recommendations adopted by the Task Force on September 26, 2022. The goal of the Policy is to help ensure the safe and effective use of technologies and protect public data. The Policy governs privacy protection and data management processes, as well as the use of technology in City operations and services, including public safety, traffic management, community services, and other service areas of the City. As part of the Policy implementation, the City will establish a Privacy and Technology Advisory Commission (Commission) responsible for carrying out a broad range of advisory duties described in the policy. In general, Commission duties shall include (a) reviewing and advising on City technology use policies, Surveillance Technology impact reports, annual reports, procurement standards for agreements involving Sensitive or Surveillance Technology, and (b) facilitating public discussion of important issues related to privacy and City technology. The Commission shall consist of five Voting Members and one Ex Officio Member to be appointed in accordance with the City Charter and the proposed ordinance. Voting Members should have expertise and background in the following listed categories. Each of the categories should be represented by at least one Voting Member:  Information Technology & Data Security: Experience and/or expertise in cyber security and sensitive public information management and protection.  Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, civil rights, equity, or government transparency.  Public Safety: Experience and/or expertise in federal, state, or local government public safety functions and operations. Page 177 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda P a g e | 3 The Commission’s meeting schedule shall include at least one regular meeting per quarter or four regular meetings 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 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 The fiscal impact of adopting this ordinance is approximately $50,000 associated with city staff liaison time and secretarial support for the commission. ONGOING FISCAL IMPACT The fiscal impact of adopting this ordinance is approximately $50,000 annually associated with city staff liaison time and secretarial support for the commission. In addition, it is anticipated that when individual implementation strategies or related projects are further developed and presented to the City Council for consideration, any specific positive or negative fiscal impacts will be identified. ATTACHMENTS 1. Citywide Privacy Protection and Technology Transparency Policy Staff Contact: Dennis Gakunga, Chief Sustainability Officer Supriya Bade, Senior Information Technology Project Manager Page 178 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.65, “PRIVACY AND TECHNOLOGY ADVISORY COMMISSION” WHEREAS, the City of Chula Vista adopted a Smart City Strategic Action Plan “Action Plan” in September 2017 establishing itself as a leader in the growing “smart city” movement, earning recognition locally, nationally and internationally for its innovative planned approach to using technology to create a more efficient and effective government; and WHEREAS, the City of Chula Vista continues to leverage innovative technology and data tools to better serve and engage residents, enhance sustainability, improve public safety, and promote local economic development; and WHEREAS, a key goal of the Action Plan approved by Council in September 2017, is to continue efforts to become a more open and transparent City; and WHEREAS, to support this goal, the City has set an objective to maximize the use of data and analytics to improve services and increase public access to City information; and WHEREAS, this effort involves ensuring that citywide technology, sensitive public data, and information collected is managed and utilized in a secure, transparent, and safe way; and WHEREAS, in April 2022, the Chula Vista City Manager formed a 12-member Technology & Privacy Advisory Task Force “Task Force” to provide the City Manager policy recommendations for consideration in the development of a citywide policy on technology and privacy issues; and WHEREAS, over the course of six months, the Task Force held ten public meetings, received two on-site departmental tours, and held two community meetings resulting in 37 policy recommendations, including the formation of a Privacy and Technology Advisory Commission; and WHEREAS, on November 1, 2022, based on input from the Task Force, key stakeholders, and City staff, the City Council of the City of Chula adopted the City of Chula Vista Privacy Protection and Technology Transparency Policy (Council Policy 112-04) “Policy”; and WHEREAS, the Policy enhances City operations through a more reliable, secure, and safe city network and data management process, increased oversight of citywide technology systems, and improved accountability, transparency and increased public trust; and WHEREAS, the Policy provides, in section 2, that City will establish a Privacy and Technology Advisory Commission responsible for a broad range of advisory duties to help Page 179 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance Page 2 advance the City Council priorities of improving sensitive public data management, security, and privacy; and WHEREAS, City staff now recommends adding Chapter 2.65 to the Chula Vista Municipal Code, establishing the Privacy and Technology Advisory Commission and its rules and procedures. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. That Chapter 2.65 is hereby added to the Chula Vista Municipal Code, to read as follows: Chapter 2.65 PRIVACY AND TECHNOLOGY ADVISORY COMMISSION 2.65.010 Creation. There is hereby created a Privacy and Technology Advisory Commission (the “Commission”). The provisions of Article VI of the City Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the provisions of this chapter shall govern the Commission. 2.65.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Commission to create an advisory body to receive public input and serve as a resource to advise and make recommendations to the City Council to advance the City Council priorities of improving sensitive public data management, security, and privacy. 2.65.030 Functions and duties. The functions and duties of the Commission shall be as follows: A. Review and/or advise City Council on the City’s technology use policies. B. Review and/or advise City Council on City’s Surveillance Technology impact reports and annual reports, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). C. Review, consider, and provide recommendations, as appropriate, on the acquisition of Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04) during the City’s acquisition process. D. Review and/or advise on the procurement standards for agreements involving Sensitive or Surveillance Technology, as described in the Privacy Protection and Technology Transparency Page 180 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance Page 3 Policy (Council Policy 112-04). 2.65.040 Limits on authority. Per Charter Section 600, the Commission shall have no authority to direct the conduct of any department. The Commission is advisory in nature, and as such shall have no authority to approve, disapprove, or prevent any City action. 2.65.050 Membership. A. The Commission shall consist of five Voting Members and one Ex Officio member to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. One Voting Member shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The four remaining Voting Members are nominated by a particular Council district seat and do not require the member to reside in the specified district. All four seats shall be nominated and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). B. Non-residents of the City of Chula Vista may be appointed and serve as Voting Members or Ex Officio Members if they own and operate a business and/or property with a physical address in the City of Chula Vista. Appointment of non-resident members must be passed by at least a four-fifths vote of the Council, in accordance with Charter section 602(D). C. All Commission members should have expertise and background in at least one of the fields described in subsections (C)(1) through (3) below. Each of the expertise fields described in subsections (C)(1) through (3) below should be represented by at least one Voting Member. 1. Information Technology & Data Security: Experience and/or expertise in cyber security and sensitive public information management and protection. 2. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, civil rights, equity, or government transparency. 3. Public Safety: Experience and/or expertise in federal, state or local government public safety functions and operations. D. The City Manager or designee with expertise in the fields described in subsection (C)(1) through (3), above, shall have the opportunity to review applications and provide input on the Page 181 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance Page 4 applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. E. The Ex Officio Member shall be nominated by the City Manager and appointed in accordance with the Designated Member Appointment Process specified in CVMC 2.25.052(D). For purposes of CVMC 2.25.052(D), the City Manager is the Nominating Authority. 2.65.060 Meeting frequency and schedule. The Commission’s meeting schedule shall include at least one regular meeting per quarter, or four regular meetings per year, at the day, time, and location established by written resolution of the Commission. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form By: Maria V. Kachadoorian Jill D.S. Maland Page 182 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance Page 5 City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 183 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 1 OF 7 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A BACKGROUND The City of Chula Vista uses many technology systems to effectively and efficiently deliver public services. Technology available to the City has expanded from more simple tools, such as email and spreadsheets, to more complex systems that involve the automated collection and analysis of a broad range of data, including Sensitive Personal Information. Emerging technologies tend to involve the collection or generation of large amounts of data that can later be processed or analyzed. As the scope of City use of data and technology has grown, risks to individual privacy have become more apparent. As the City continues to explore new ways to use technology, the community has expressed a desire for greater levels of transparency and public engagement in decision-making around City acquisition and use of certain technologies impacting privacy. PURPOSE This policy has multiple purposes: To respond to valid community concerns regarding sharing of personal information through the use of technology that has the potential for adverse impacts on civil liberties To safeguard the security, accuracy, and control of access to City data and technology systems To protect the civil rights and civil liberties of Chula Vista community members and visitors, including rights to privacy To ensure that expert advice and community input is included as part of City decision-making involving the acquisition and use of privacy-impacting technology To protect against the waste of taxpayer funds To promote transparency in the acquisition and use of privacy-impacting technology by the City To build and maintain public trust in the City and its use of technology to deliver public services POLICY 1. Definitions: 1.1. Acquire: to obtain,purchase, lease, rent,borrow, create, develop, or accept in donation 1.2. Exigent Circumstances: Circumstances where,based upon a good faith belief,one or more of the following conditions exists: an emergency involving danger of death or serious physical injury to any individual, or imminent danger of significant property damage or monetary loss to any individual or organization, or an imminent threat to an individuals' civil liberties or rights. 1.3. General Technology: Any electronic device, software program, or hosted software solution that does not meet the definition of Sensitive Technology or Surveillance Technology. 1.4. Sensitive Personal Information: Information that reveals a person's social security number, driver's license information, state identification card, passport number, military identification number, financial account numbers, debit card number, credit card number, account log-in credentials, IP address, email address,phone number, home address,precise geolocation 2LLJ, Page 184 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 2 OF 7 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A given time, biometric information, contents of email, contents of mail, contents of text messages, ethnic origin, racial origin, genetic data, medical information, health information, immigration status, philosophical beliefs,political opinions, religious beliefs, sexual orientation,union membership, or membership in any other private organization, in each case to which a person has a reasonable expectation of confidentiality or privacy. For purposes of this definition and this policy, Sensitive Personal Information does not include information recorded, obtained or disclosed as a part of an active criminal investigation, a lawful judicial hearing or process, or in accordance with other legal or statutory requirements. 1.5. Sensitive Technology: Any electronic device, software program, or hosted software solution owned or operated by the City that generates or collects Sensitive Personal Information, but which is not designed or intended to be used for surveillance. For the purposes of this definition and this policy, Sensitive Technology does not include the following: Standard office technology such as email systems,copy machines,telephone networking systems, or broadly available consumer software such as Microsoft Office applications IT infrastructure only intended to manage backend or operational data. Technology solely intended to manage the Sensitive Personal Information of City employees, such as payroll, employment applications, health and retirement benefits. Technology solely intended to manage the internal administrative functions of the City, such as case management systems and revenue collection and billing systems. 1.6. Surveillance or surveil: To observe the movements, behavior, or actions of identifiable individuals, or to gather information that can readily be connected to identifiable individuals for example, an automated license plate reader program), for purposes of analysis in accordance with a program or plan, without the knowledge and consent of the observed individuals. Observations that are incidental or part of a focused, ongoing investigation shall not be considered surveillance for the purposes of this definition and this policy. 1.7. Surveillance Technology: Any electronic device, software program, or hosted software solution owned or operated by the City that is designed or primarily intended to be used for the purpose of Surveillance. For the purposes of this definition and this policy, Surveillance Technology does not include the following: Cameras installed on City property solely for the purpose of maintaining the security of that property. Cameras installed solely to protect the physical integrity of City infrastructure, such as sewers and storm drains. Technology that monitors only City employees in the performance of their City functions. Public safety officer body-worn cameras. Page 185 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 3 OF 7 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A 2. Privacy and TechnologyAdvisory Commission 2.1. The City will establish a City Council advisory commission referred to herein as the Privacy and Technology Advisory Commission ("PTAC") responsible for carrying out a broad range of advisory duties described in this policy. In general, PTAC duties shall include(a)reviewing and advising on City technology use policies, Surveillance Technology impact reports, annual reports,procurement standards for agreements involving Sensitive or Surveillance Technology, and(b)facilitating public discussion of important issues related to privacy and City technology. 2.2. The PTAC should include (but not be limited to) members who have the following perspectives: Experts in emerging technologies and systems Financial auditors and certified public accountants Attorneys, legal scholars, and recognized academics with expertise in privacy and/or civil rights Members of organizations that focus on government transparency or individual privacy Representatives from equity-focused organizations Public safety professionals Individuals with experience or expertise in the functions of local government 3. Support from Privacy and Technology Experts 3.1. The City Manager shall seek the advice of one or more City staff members or consultants with privacy and technology expertise("PT Advisor"), as appropriate, for the following purposes: Provide training and guidance to City staff on privacy issues Serve as an advisor or liaison to the PTAC Perform internal audits and monitor compliance with City privacy and technology use policies; Coordinate with external privacy auditors when applicable; Assist in the evaluation of new technology acquisitions for potential privacy issues 4. Use policies: 4.1. The City Manager shall establish a process for determining whether a particular technology is classified as General Technology, Sensitive Technology, or Surveillance Technology. Such process may include review by an internal group of designated City staff and/or the PT Advisor. 4.2. The City Manager shall create one written use policy that applies to all General Technology. The City Manager shall also create use policies covering each Sensitive Technology or Surveillance Technology. Where City Council approval of any technology acquisition is required, the related use policy shall be presented to the City Council for its consideration at the time of the requested approval as provided in Section 6,below. awl 4.3. Every use policy for a Sensitive Technology or Surveillance Technology shall include the following information: (a) City purpose and objectives for acquiring and deploying the technology, b range of authorized uses and users, cprotocols for data collection, access, Page 186 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 4 OF 7 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A protection, retention, management, and sharing (including sharing among City departments), d)technology maintenance protocols,(e)training requirements, and(f)provisions for auditing and oversight. 4.4. Use policies shall be reviewed and updated by the City Manager from time to time, as appropriate, with input from the PT Advisor. Use policy reviews, and updates as necessary, should occur at any time there is a significant change in the function or purpose of the subject technology, or there are material changes in applicable laws or best practices. 4.5. The order in which use policies are created or updated for existing Sensitive or Surveillance Technologies shall be determined by the City Manager,with input from the PT Advisor. Such determinations shall be made based on a consideration of the technology's potential data security risks and adverse impacts on individual privacy. 4.6. All use policies must be consistent with federal, state, and local laws and shall be reviewed by the City Attorney for legal compliance. 5. Surveillance Technology impact reports (STIR) 5.1. Prior to acquiring a Surveillance Technology, the acquiring City Department shall draft a Surveillance Technology impact report (STIR) for that technology subject to the review and approval of the City Manager. Departments should solicit input from the PT Advisor for assistance in developing such reports. Where City Council approval of any technology acquisition is required, the related STIR report shall be presented to the City Council for its consideration at the time of the requested approval as provided in Section 6,below. 5.2. Surveillance Technology impact reports should, at a minimum, (a) evaluate the potential for disproportionate adverse impacts on certain groups or parts of the community, (b)where such impacts exist,identify,where feasible,specific measures to mitigate those impacts;(c)evaluate the potential for adverse impacts on the security of data storage and access controls within city systems, particularly with respect to Sensitive Personal Information; (d) where such impacts exist, identify, where feasible, specific measures to mitigate those impacts; (e) evaluate the potential financial impacts on the City budget,including current or potential sources of funding; f)describe potential alternatives to the technology and explain why those alternatives were not chosen. 5.3. The City should update a STIR as appropriate, any time there is a significant change in the function or purpose of the subject technology,any time there are material changes in applicable laws or best practices, or in the event of any other material change that could have an impact on data security or privacy interests. 6. Surveillance Technology acquisition process: 6.1. Any City Department intending to acquire Surveillance Technology shall,prior to acquisition, obtain City Council approval of the acquisition,along with the associated use policy and STIR. City departments shall include a summary of comments and recommendations from the PTAC in their report to the City Council. Page 187 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 5 OF 7 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A 6.2. City Departments shall, prior to seeking City Council approval for the acquisition of Surveillance Technology, present the applicable use policy and STIR to the PTAC for their input and recommendations. If the PTAC does not act within 60 days of receiving the acquisition proposal from a City Department, the department may proceed to City Council without their recommendation. 6.3. When soliciting proposals for Surveillance Technology, the City shall require respondents to provide information regarding any previous security breaches. 6.4. All Surveillance Technology acquisitions shall be procured by written agreement, approved as to form by the City Attorney, containing in substantial form the data security and privacy provisions described in this policy. 7. Transparency in the use of Sensitive and Surveillance Technolo2y: 7.1. CitManager's Report to the PTAC. The City Manager shall provide a report at least once every two years to the PTAC regarding the status of City use of Surveillance Technology. To the extent feasible and applicable, the report shall include, at a minimum, the following information for the applicable time period: (a)how Surveillance Technologies have been used, b) how frequently have the technologies been deployed, including material usage patterns changes (if any) over time; (c) if and how often has data from Surveillance Technology been shared with other entities, and whether any of that data included Sensitive Personal Information;(d)an evaluation of whether Surveillance Technology is having a disproportionate adverse impact on certain groups or geographic areas of the City; (e) an evaluation of the effectiveness of any identified mitigation measures; (f) a summary of the total annual costs for the use of Surveillance Technology;and(g)a summary of any incidents involving unauthorized releases of Sensitive Personal Information. 7.2. Public Space Signage. Where feasible, signs should be posted to notify and disclose the use of Sensitive or Surveillance Technology at public facilities or within City rights of way. For example, if surveillance cameras are added to a park, signs should be posted near the entrance(s)to the park notifying visitors that they are under video surveillance. 7.3. Cily Website. The City shall post to the City website, in a manner that is easy to find and understand, the following information: A list of Sensitive and Surveillance Technologies that have been acquired within the last fiscal year A list of Sensitive and Surveillance Technologies the City currently uses Use policies for all Sensitive and Surveillance Technologies STIRs for all Surveillance Technologies The City Records Retention Schedule 8. Data Collection Retention, Sharing Mana egment 8.1. The City shall not sell or allow unauthorized third-party access to Sensitive Personal Information. Page 188 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 60177 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A 8.2. The City shall ensure that all technology agreements involving the collection or storage of data that may include Sensitive Personal Information contain appropriate provisions, approved by the City Attorney,with input from the PT Advisor,that prohibit vendors from sharing data that includes Sensitive Personal Information owned or accessible by the City or a vendor except as necessary to provide the contracted service to the City. 8.3. The City shall ensure that agreements related to the acquisition or use of Sensitive or Surveillance Technology include a clause that allows the City to terminate the agreement for cause in the event the vendor violates any restriction on the sale or sharing of data or otherwise violates individual privacy protections. 8.4. The City shall seek to minimize the amount of Sensitive Personal Information departments collect when providing services so that the only data collected is the data necessary to provide the service. 8.5. The City Clerk shall ensure that the Records Retention Schedule reflects where Sensitive Personal Information is held by the City and how long that information is retained. 8.6. The requirements of this section do not apply to (a) any disclosure of data that is required by law, including without limitation the Public Records Act and Political Reform Act; or (b) in the discretion of the City Manager,the sharing of information necessary to support routine and necessary government operations or administration.Examples include: transferring 9-1-1 calls, transferring criminal records, transferring public health data to county or state public health agencies, sharing medical data with external parties for billing purposes, sharing employment information for verification or compliance purposes, and sharing data required for grant program compliance. 9. Information security 9.1. The City shall establish a cyber roadmap that protects Sensitive Personal Information from being exploited by unauthorized sources. 9.2. The City shall disclose unauthorized releases of Sensitive Personal Information to affected individuals as soon as practicable, subject to all applicable state and federal laws. 10. Exceptions 10.1.Interagency Task Force Activities. City staff assigned to interagency task force activities are exempt from the requirements related to acquisition and use of Sensitive and Surveillance Technology solely to the extent of their duties and work related to their assignment to the interagency task force. 10.2.Exigent Circumstances. City departments may temporarily acquire or use Surveillance Technology and the data derived from that use in a manner not expressly allowed by an existing use policy only in a situation involving exigent circumstances and only with prior authorization from the City Manager or designee. If City departments acquire or use Surveillance Technology in a situation involving exigent circumstances, the City Manager shall report the use of the technology and the justifications for using the technology to the City Council at the conclusion Page 189 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: PRIVACY PROTECTION AND POLICY EFFECTIVE TECHNOLOGY TRANSPARENCY NUMBER DATE PAGE POLICY 112-04 11/1/2022 7 OF 7 ADOPTED BY: 2022-238 DATED: 11/1/2022 AMENDED BY: N/A of the exigent circumstances. When the exigent circumstances end, the department will immediately cease using the technology and dispose of any data not directly relevant to an ongoing investigation or the exigent circumstances. If the department intends to continue using the technology after the end of the exigent circumstances, they must seek approval as outlined in Section 6 of this policy. The exigent circumstance does not exempt disclosure as outlined in Section 7 of this policy. 10.3.City Access to Private Video Feeds. The City will work with the PTAC to further develop this policy as it pertains to privately owned video feeds provided to the City by private individuals or organizations. 10.4.Waivers. The City Manager or City Council as appropriate may waive elements of this policy in the event of exigent circumstances or other circumstances that make compliance impossible or infeasible. 11. Training Compliance and Enforcement of the Policy and Compliance with Laws. 11.1.The City Manager, with input from the City Attorney and the PT Advisor, will be W responsible for interpreting and overseeing City compliance with the terms of this policy. Oversight shall include (a) requiring City employee compliance with the policy as a condition of employment; and (b) assuring that City employees or individuals who report the suspected improper use of Sensitive Technology or Surveillance Technology shall be protected from retaliation in employment. 11.2.The City does not intend by adopting this policy to grant any third party the right to enforce this policy against the City or any individual City employee and there shall be no private right of action created hereby. 11.3.All City activities conducted pursuant to the terms of this policy, including, without limitation, all data collection,retention,sharing,and management activities, shall be conducted in a manner that is consistent with all applicable federal, state, and local laws, including, without limitation, laws governing the collection, storage and disclosure of Sensitive Personal Information, and the protection of individual civil rights and liberties. In the event that there is a conflict between this policy and applicable laws, the applicable laws shall govern. 11.4.Where necessary or appropriate,with the input of the PT Advisor,the City shall provide training to key City departments and staff to ensure they are equipped to recognize and manage potential data privacy issues and perform their role and function. Page 190 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Proposed Privacy and Technology Advisory Commission Presentation to the Chula Vista City Council June 13, 2023 Page 191 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Background 2 January 2022 •Council approves consultant to assist with development of Citywide privacy policy April 2022 •City Manager establishes 12- member Technology & Privacy advisory Task Force September 2022 •Task Force adopts Policy recommendations November 2022 •Council adopts Privacy Protection & Technology Transparency Policy 12 residents/community members •Tech professionals, academic researchers, business reps, social workers, retired law enforcement 12 meetings (April –September) •10 public meetings/2 on-site tours •10 Dept briefings •2 interactive community meetings •Directed City staff to establish a Privacy & Technology Advisory Commission •Adopted 37 policy recommendations, including formation of Privacy Advisory Commission Page 192 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Goals of the Privacy Protection & Technology Transparency Policy •Maintain public trust •Control of access to City data and technology systems •Protect civil rights and civil liberties •Expert advice and community input 3Page 193 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Progress to date Dedicated city webpage Senior Information Technology Project Manager Streamlining Citywide technology Use Policy RFP procurement language Privacy & Technology Advisory Commission 4Page 194 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Roles of the Proposed Advisory Commission 5 Responsible for a broad range of advisory duties described in the Policy: •Reviewing and advising on City technology use policies, Surveillance Technology impact reports, annual reports •Reviewing procurement standards for agreements involving Sensitive or Surveillance Technology •Facilitating public discussion of important issues related to privacy and City technology Page 195 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Membership of Proposed Advisory Commission 6 •(5) Voting Members & (1) Ex Officio Member •Commission members nominated in accordance with proposed ordinance •Voting Members shall have expertise/background in the following areas: (Each category should be represented by at least (1) Voting Member) •Cyber security and sensitive public information management and protection. •Individual privacy protection, civil rights, equity, or government transparency. •Federal, state, or local government public safety functions & operations. Page 196 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Next steps •Council approve proposed ordinance •Council nomination & selection of Commission members •Staff present Technology Use Policies for Council adoption •City Manager to establish internal Technology Governance Committee •Establish internal process for classifying technology 7Page 197 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda CHULA VISTA, CA Thank you to… City Council Task Force members, City Manager & City staff, Chula Vista residents! 8Page 198 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Item 7.1 – Additional Information (Preciado) ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.65, “PRIVACY PROTECTION AND TECHNOLOGY ADVISORY COMMISSION” WHEREAS, the City of Chula Vista adopted a Smart City Strategic Action Plan “Action Plan” in September 2017 establishing itself as a leader in the growing “smart city” movement, earning recognition locally, nationally and internationally for its innovative planned approach to using technology to create a more efficient and effective government; and WHEREAS, the City of Chula Vista continues to leverage innovative technology and data tools to better serve and engage residents, enhance sustainability, improve public safety, and promote local economic development; and WHEREAS, a key goal of the Action Plan approved by Council in September 2017, is to continue efforts to become a more open and transparent City; and WHEREAS, to support this goal, the City has set an objective to maximize the use of data and analytics to improve services and increase public access to City information; and WHEREAS, this effort involves ensuring that citywide technology, sensitive public data, and information collected is managed and utilized in a secure, transparent, and safe way; and WHEREAS, in April 2022, the Chula Vista City Manager formed a 12-member Technology & Privacy Advisory Task Force “Task Force” to provide the City Manager policy recommendations for consideration in the development of a citywide policy on technology and privacy issues; and WHEREAS, over the course of six months, the Task Force held ten public meetings, received two on-site departmental tours, and held two community meetings resulting in 37 policy recommendations, including the formation of a Privacy and Technology Advisory Commission; and WHEREAS, on November 1, 2022, based on input from the Task Force, key stakeholders, and City staff, the City Council of the City of Chula adopted the City of Chula Vista Privacy Protection and Technology Transparency Policy (Council Policy 112 -04) “Policy”; and WHEREAS, the Policy enhances City operations through a more reliable, secure, and safe city network and data management process, increased oversight of citywide te chnology systems, and improved accountability, transparency and increased public trust; and Page 199 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance Page 2 WHEREAS, the Policy provides, in section 2, that City will establish a Privacy and Technology Advisory Commission responsible for a broad range of advisory duties to help advance the City Council priorities of improving sensitive public data management, security, and privacy; and WHEREAS, City staff now recommends adding Chapter 2.65 to the Chula Vista Municipal Code, establishing the Privacy Protection and Technology Advisory Commission and its rules and procedures. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. That Chapter 2.65 is hereby added to the Chula Vista Municipal Code, to read as follows: Chapter 2.65 PRIVACY AND TECHNOLOGY ADVISORY COMMISSION 2.65.010 Creation. There is hereby created a Privacy Protection and Technology Advisory Commission (the “Commission”). The provisions of Article VI of the City Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the provisions of this chapter shall govern the Commission. 2.65.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Commission to create an advisory body to receive public input and serve as a resource to advise and make recommendations to the City Council to advance the City Council priorities of improving sensitive public data management, security, and privacy. 2.65.030 Functions and duties. The functions and duties of the Commission shall be as follows: A. Review and/or advise the City Council on the City’s technology use policies. B. Review and/or advise the City Council on City’s Surveillance Technology impact reports and annual reports, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). C. Review, consider, and provide recommendations, to the City Council as appropriate, on the acquisition of Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04) during the City’s acquisition process. Page 200 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda D. Review and/or advise the City Council on the procurement standards for agreements involving Sensitive or Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). 2.65.040 Limits on authority. Per Charter Section 600, the Commission shall have no authority to direct the conduct of any department. The Commission is advisory in nature, and as such shall have no authority to approve, disapprove, or prevent any City action. 2.65.050 Membership. A. The Commission shall consist of five seven Voting Members and one Ex Officio member to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. District-Based Appointments. The four remainingFour Voting Members areshall be nominated by a particular Council district seat and do not require the member to reside in the specified district. All four seats shall be nominated and appointed in accordance with the district baseddistrict-based appointment process specified in CVMC 2.25.052(C). A nominee shall not be required to live in the same district as the respective nominating Council member. General Appointments. Following the four district-based appointments by Council district, the City Manager will determine which gaps in expertise (Based on section C) that remain and support the recruitment of 3 additional voting members to fill these gaps in expertise. The 2. One three additional Voting Members shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A), with a goal of addressing all areas of expertise identified in Subsection C. 1.3.Future Vvacancies. Future vacancies of District-Based Appointment seats and General Appointment seats willshall be filled pursuant to subsection A.1. or A.2. above, respectively, by council district appointment or through at large appointments, with the aim to preserve the coCommission’s subject matter competency as outlined in subsection C. 2.1. The four remaining Voting Members are nominated by a particular Council district seat and do not require the member to reside in the specified district. All four seats shall be nominated and appointed in accordance with the district based appointment process specified in CVMC 2.25.052(C). B. Non-residents of the City of Chula Vista may be appointed and serve as Voting Members or Ex Officio Members if they own and operate a business and/or property with a physical address in the City of Chula Vista. Appointment of non-resident members must be passed Page 201 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Ordinance Page 4 by at least a four-fifths vote of the Council, in accordance with Charter section 602(D). C. All Commission members should have expertise and background in at least one of the fields described in subsections (C)(1) through (35) below. Each of the expertise fields described in subsections (C)(1) through (35) below should be represented by at least one Voting Member. Notwithstanding the foregoing, the absence of candidates with expertise in one of the following areas shall not preclude the appointment of the full Commission. 1. Information Technology & Data Security: Experience and/or expertise in cyber security and sensitive public information management and protection. 2. Privacy Protection: Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/civil rights, equity, or government transparency. 2.3.Accounting and Finance: Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. 4. Public Safety: Experience and/or expertise in federal, state or local government public safety functions and operations. 3.5.Equity and Civil Rights: Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture or ethnic background. D. The City Manager or designee with expertise in the fields described in subsection (C)(1) through (35), above, shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. E. The Ex Officio Member shall be nominated by the City Manager and appointed in accordance with the Designated Member Appointment Process specified in CVMC 2.25.052(D). For purposes of CVMC 2.25.052(D), the City Manager is the Nominating Authority. 2.65.060 Meeting frequency and schedule. In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting per quarterly thereafter, or four regular meetings per year, at the day, time, and location established by written resolution of the Commission. Page 202 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form By: Maria V. Kachadoorian Jill D.S. Maland City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 203 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Written Communications Item 7.1 - Baker Dear Council Members, On behalf of South Bay People Power, I am writing to OPPOSE Agenda Item 7.1 on tonight's City Council meeting, and demand AMENDMENTS to the City-proposed Ordinance before the vote is taken. We favor formation of a "Privacy Protection and Technology Oversight Commission" but NOT as proposed by THIS ORDINANCE. As we have stated in prior testimony/comments on numerous occasions [See Attached Letter], we fully support the establishment of a long-overdue Commission to provide independent oversight of the City's surveillance technology programs and proposals. In fact, we have provided the City with a pair of ordinances [See Attached] to establish a Commission and as well as privacy policy protections and clear procedures. Our proposed ordinances are based on best practices and supported by over two dozen community organizations [See Attached Letter]. Unfortunately this City-proposed ordinance is woefully inadequate as a tool to create needed oversight and protections. The City-proposed ordinance does not even reflect the critical policy proposals developed by the community experts and other community members who participated in the City's own Privacy and Technology Task Force [See Attached]. The City-proposed ordinance on the June 13 agenda is not ready for a vote. The ordinance seems hastily-prepared, vague, deficient, and it will not achieve our City's need for privacy protections and technology oversight. BRIEF SUMMARY OF SOME OF THE AMENDMENTS NEEDED: • • Purpose: •Establish an independent civilian body of representatives with expertise and experience to oversee and provide informed recommendations to city decision-makers regarding all acquisition, use, policies, procedures, and reporting to properly govern the City's •technology .• • • Duties:• • 0 o Review o and provide recommendations regarding Technology Use Policies, Impact Reports, proposed acquisitions and uses of technology, and periodic technology program reports; 0 0 o Promote o robust community engagement by providing time for notification and careful consideration of community needs and concerns; 0 0 o Provide Page 204 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda o informed recommendations to the City Council to protect privacy and other civil rights; o o o Undertake o all duties with a JEDI focus and anticipate/mitigate disproportionate impact of technologies. o Criteria for selection of Commissioners: o o Require o commitment to civil rights and/or privacy protections, as demonstrated by work experience, civic participation and/or political advocacy; o o o Specify o and exclude possible conflicts of interest (Exclude those who might profit from a decision such as ALPR dealers, current CVPD/city employees or family members, etc.; o o o Include o underrepresented/vulnerable groups and use of a JEDI lens. o Composition: The work of the Commission will require more members to include at least one representative with expertise and experience as: o o Attorney/legal o scholar with expertise in privacy and/or civil rights o o o IT/digital o security professional with expertise in emerging technologies and systems o o o Financial o auditor or Certified Public Accountant o o o Professional Written Communications Item 7.1 - Baker Page 205 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda o or member of an organization focused on open government/transparency and/or individual privacy o o o Equity-focused o advocates, representatives of communities most impacted o Meeting frequency: Monthly Process for review of existing and proposed technology: o o Need o for an additional ordinance to spell out the process, to include adequate timing to consider current uses of technology and prior to any new technology acquisitions or uses; o o o Merely o setting “Procurement standards” does NOT adequately capture the need for oversight to prevent future errors (like the ALPR contracting) and to protect privacy rights; o o All acquisitions and uses must be scrutinized by the Commission and the reports and recommendations considered by City Council prior to approval of technology; All technologies must undergo regular reporting, review and recommendations for continued use. o Our Community expects REAL CHANGE: Establishment of a "Privacy Protection and Technology Oversight Commission" that will provide our City with a new and essential layer of oversight and input into decision-making regarding technology that is built on: Written Communications Item 7.1 - Baker Page 206 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Independent and comprehensive expertise combined with a demonstrated commitment to protect privacy and civil liberties; Community representation and engagement that addresses diverse concerns and experiences and provides time for notification and dialogue; A systematic process for comprehensive review and analysis of technology policies, procedures and reports; and Timely and informed recommendations for decision makers. We urge you to take the time to review these documents carefully and to send the proposed ordinance back for revisions to reflect best practices and the wealth of work that community members have invested in an effort to bring accountability to Chula Vista since December 2020, when we discovered that we cannot trust that our privacy and civil liberties are being protected. We would be happy to assist with the process of rewriting the ordinance, but cannot accept it in its current deficient and tone-deaf form. Best regards, Margaret A. Baker, DrPH South Bay People Power promotes social justice through nonpartisan civic engagement. Written Communications Item 7.1 - Baker mailto:mbakerdrph@ gmail.com Page 207 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda April 25, 2022 To:Technology and Privacy Advisory Task Force Members Re:Need for a Surveillance and Community Safety Ordinance in Chula Vista Congratulations on your appointment to the newly formed Technology and Privacy Advisory Task Force. We, the undersigned community, civil rights, and service organizations are writing to highlight the urgent need for a surveillance technology and privacy ordinance in the City of Chula Vista. For over a year, we have been voicing our concerns and studying best practices in cities, like the City of San Diego, that also face challenges associated with the increased use of surveillance technology. We have developed an ordinance based on our research, and ask you to build on our proposed Surveillance and Community Safety Ordinance and recommend its adoption by the Chula Vista City Council. Surveillance technology carries inherent risks to individual privacy, civil rights, and civil liberties that must be protected by enforceable ordinances, consistent policies and practices, and independent oversight. Transparency, accountability, and oversight of police and governmental use of surveillance technology cannot simply be left implicit within broad technology policy or subsumed within a general set of privacy policies covering less intrusive technologies. Surveillance technology includes not just technology capable of accessing information, but also technology systems that are capable of aggregating information from both public and non-public sources. Such information, in the aggregate or when pieced together with other information, has the potential to reveal a wealth of detail about a person’s familial, political, professional, religious, or sexual associations. We ask that you address the special risks associated with current and potential uses of surveillance technology and data in all phases of your information-gathering and deliberation process, and that you prioritize an enforceable ordinance as part of the technology privacy policy package ultimately proposed by the Task Force and adopted by the City of Chula Vista. The City of Chula Vista takes great public pride in the steps it has taken to achieve its status both as a Welcoming City and as a Smart City. Surveillance technology offers potential benefits for certain efficiencies in government and law enforcement, but it can also negatively impact the privacy, free movement and other civil rights and liberties of community members, and undermine community trust and safety. Historically, surveillance has been used to intimidate and control certain communities and groups more than others. As a Welcoming City, Chula Vista must do more to protect the civil liberties, rights and safety of all. Investigative reporting in local and national media has raised awareness and revealed serious concerns about lack of transparency, accountability, and oversight of Chula Vista’s surveillance programs. Instead of learning from our city officials that CVPD shared our ALPR data with ICE, CBP, and other federal agencies for over three years, we have been shocked to learn about such practices through outside sources.Further, we have been frustrated by the City’s handling of these revelations and the resulting scrutiny. Rather than acting swiftly to acknowledge and Page 208 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Re:Need for a Surveillance and Community Safety Ordinance in Chula Vista, April 25, 2022 correct the mistakes, establish independent oversight, and repair damaged community relationships, Chula Vista city officials have continued to prioritize and expand police surveillance programs despite concerted public opposition. These events have revealed larger issues regarding lack of open government, trust and safety that affect all members of our community, and especially the most marginalized. The lasting harm to community trust in Chula Vista caused by the City’s failure to exercise accountability and full transparency regarding its surveillance technology programs cannot be overstated. Formation of the Task Force gives us renewed hope for genuine engagement with community groups and for demonstrated commitment to the values we share and which stand at the core of the “Welcoming City” model. We expect and demand that Chula Vista meet a high standard of accountability, transparency, community consultation, and open governance. Members of our organizations possess relevant lived experience, professional knowledge, and other types of expertise. In writing our Surveillance and Community Safety Ordinance for Chula Vista, we drew upon a readily available body of expert knowledge as well as a number of existing ordinances in California cities. Our draft ordinance includes these main features: ●A detailed, enforceable process for all phases of the approval, acquisition, use, and oversight of all city surveillance technology ●Parameters for formation of an independent civilian body to oversee this process and make informed recommendations to the City Council ●Provisions for: ○Informed public debate at the earliest stage of the process ○Determination of whether benefits outweigh costs and concerns ○Establishment of a thorough surveillance use policy ○Ongoing independent oversight and accountability We look forward to discussing this with you in more detail as the Task Force carefully considers our proposed Surveillance and Community Safety Ordinance. A pdf version of the Ordinance was sent to the Task Force via email. A Smart City must constantly anticipate and mitigate the unique and evolving risks associated with surveillance technology, and a Welcoming City must always prioritize and protect its community members’ rights and privacy. We stand ready to work with you in the coming months as the Task Force tackles these complex issues and proposes policies to protect and provide real safety for all community members. Thank you for your consideration. Sincerely yours, Ad Hoc STOP Chula Vista PD Surveillance group STOPCVSurveillance@gmail.com Page 209 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Re:Need for a Surveillance and Community Safety Ordinance in Chula Vista, April 25, 2022 Supporting Organization Signatories Advancing Students Forward AFT 1931 Local - Immigrant Student Support Committee Alliance of Californians for Community Empowerment - ACCE Border Angels Change Begins With ME Espacio Migrante Indivisible San Diego Persist Oakland Privacy Partnership for the Advancement of New Americans (PANA) Pillars of the Community Rise Up San Diego San Diego Immigrant Rights Consortium Secure Justice Showing Up for Racial Justice - San Diego (SURJ-SD) South Bay People Power Take Action San Diego Tech Lead San Diego Tech Workers Coalition San Diego Think Dignity TRUST SD (Transparent and Responsible Use of Surveillance Technology San Diego) Coalition San Diego USD Center for Digital Civil Society USD Immigration Law Society USD Values Institute US-Mexico Border Program, American Friends Service Committee We The People SD Page 210 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Surveillance & Community Safety Ordinance (Revised - July 15, 2022) ORDINANCE ADDING CHAPTER XXXX TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING RULES FOR THE CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY WHEREAS, the City of Chula Vista (“City”) takes great public pride in its status as a Welcoming City and as a Smart City; and WHEREAS, smart public safety decisions and the protection of all community members require that municipalities ensure public debate and community involvement in decisions about whether to acquire or use surveillance technology; moreover, that real public safety requires that residents have a voice in these decisions; and WHEREAS, across the U.S. cities that have adhered to a “privacy bill of rights” approach are able to win public support in implementing the technology with proper safeguards in place to build trust. Alternatively, cities that implement new technology in secrecy, without oversight, without policy, and without broad and inclusive public input have found themselves facing scrutiny, lawsuits, and voter referendums to ban certain technologies. WHEREAS, the City Council finds it is essential to have an informed public debate as early as possible about decisions related to the City’s acquisition and use of surveillance technology; and WHEREAS, the City Council finds that, while the use of surveillance technology may threaten the privacy of all citizens, throughout history, surveillance efforts have been used to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation or political perspective; and WHEREAS, while acknowledging the significance of protecting the privacy of citizens, the City Council finds that surveillance technology may also be a valuable tool to bolster community safety and aid in the investigation and prosecution of crimes; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information (such as wiretaps) but also may include technology which aggregates publicly available information, because such information, in the aggregate or when pieced together with other information, has the potential to reveal a wealth of detail about a person’s familial, political, professional, religious, or sexual associations; and 1 Page 211 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda WHEREAS, the City Council finds that no decisions relating to the City’s use of surveillance technology should occur without strong consideration being given to the impact such technologies may have on civil rights and civil liberties, including those rights guaranteed by the California and United States Constitutions; and WHEREAS, the City Council finds that any and all decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input and that public opinion should be given significant weight in policy decisions; and WHEREAS, the City Council finds that legally enforceable safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before any City surveillance technology is deployed; and WHEREAS, the City Council finds that if a surveillance technology is approved, data reporting measures must be adopted that empower the City Council and public to verify that mandated civil rights and civil liberties safeguards have been strictly adhered to. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Establishment A.This Ordinance shall be known as the Surveillance and Community Safety Ordinance. B.Chula Vista Municipal Code Chapter XXXX,is hereby added as set forth below: Chapter XXXX. REGULATIONS ON CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY C.Definitions 1.“Annual Surveillance Report” means a written report concerning a specific surveillance technology that includes all the following: a.A description of how the surveillance technology was used, including the type and quantity of data gathered or analyzed by the technology; b.Whether and how often data acquired through the use of the surveillance technology was shared with internal or external entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s) except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; c.Where applicable, a description of the physical objects to which the surveillance technology hardware was installed without revealing the specific location of such 2 Page 212 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda hardware; for surveillance technology software, a breakdown of what data sources the surveillance technology was applied to; d.Where applicable, a description of where the surveillance technology was deployed geographically, by each Police Area in the relevant year; e.A summary of community complaints or concerns about the surveillance technology, and an analysis of its Surveillance Use Policy and whether it is adequate in protecting civil rights and civil liberties. The analysis shall consider whether, and to what extent, the use of the surveillance technology disproportionately impacts certain groups or individuals; f.The results of any internal audits or investigations relating to surveillance technology, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.To the extent that the public release of such information is prohibited by law, City staff shall provide a confidential report to the City Council regarding this information to the extent allowed by law; g.Information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; h.A general description of all methodologies used to detect incidents of data breaches or unauthorized access, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; I.Information, including crime statistics, that helps the community assess whether the surveillance technology has been effective at achieving its identified purposes; i.Statistics and information about Public Records Act requests regarding the relevant subject surveillance technology, including response rates, such as the number of Public Records Act requests on such surveillance technology and the open and close date for each of these Public Records Act requests; j.Total annual costs for the surveillance technology,including personnel and other ongoing costs, and what source of funding will fund the surveillance technology in the coming year; and k.Any requested modifications to the Surveillance Use Policy and a detailed basis for the request. 3 Page 213 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2.“City” means any department, unit, program, and/or subordinate division of the City of Chula Vista as provided by Chapter XXXX of the Chula Vista Municipal Code. 3.“City staff” means City personnel authorized by the City Manager or appropriate City department head to seek City Council Approval of Surveillance Technology in conformance with this Chapter. 4.“Community meeting” means a publicly held meeting that is accessible, noticed at least seventy-two hours in advance in at least two languages, for the purpose of educating communities, answering questions, and learning about potential impacts of surveillance technology on disadvantaged groups. 5.“Continuing agreement” means a written agreement that automatically renews unless terminated by one or more parties. 6.“Exigent circumstances” means a City department’s good faith belief that an emergency involving imminent danger of death or serious physical injury to any individual requires the use of surveillance technology that has not received prior approval by City Council. 7.“Facial recognition technology” means an automated or semi-automated process that assists in identifying or verifying an individual based on an individual’s face. 8.“Individual” means a natural person. 9.“Personal communication device” means a mobile telephone, a personal digital assistant, a wireless capable tablet and a similar wireless two-way communications and/or portable internet-accessing device, whether procured or subsidized by a City entity or personally owned, that is used in the regular course of City business. 10.“Police area” refers to each of the geographic districts assigned to a Chula Vista Police Department captain or commander and as such districts are amended from time to time. 11.“Surveillance” (or “spying”) means to observe or analyze the movements, behavior, data, or actions of individuals. Individuals include those whose identity can be revealed by data or combinations of data, such as license plate data, images, IP addresses, user identifications, unique digital identifiers, or data traces left by the individual. 12.“Surveillance technology” means any software (e.g., scripts, code, Application Programming Interfaces), electronic device, or system utilizing an electronic device used, designed, or primarily intended to observe, collect, retain, analyze, process, or share audio, electronic, visual, location, thermal, olfactory, biometric, or similar information specifically associated with, or capable of being associated with, any individual or group. It also includes the product (e.g., audiovisual recording, data, analysis, report) of such surveillance technology. Examples of surveillance technology include, but are not limited to the following: cell site simulators (Stingrays); automated license plate readers; gunshot detectors (ShotSpotter); drone-mounted data collection; 4 Page 214 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda facial recognition software; thermal imaging systems; body-worn cameras; social media analytics software; gait analysis software; video cameras that can record audio or video and transmit or be remotely accessed. It also includes software designed to monitor social media services or forecast and/or predict criminal activity or criminality, and biometric identification hardware or software. “Surveillance technology” does not include devices, software, or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology beyond what is set forth below or used beyond a purpose as set forth below: a.Routine office hardware, such as televisions,computers, credit card machines, badge readers, copy machines, and printers, that is in widespread use and will not be used for any public surveillance or law enforcement functions related to the public; b.Parking Ticket Devices (PTDs) used solely for parking enforcement-related purposes, including any sensors embedded in parking sensors to detect the presence of a car in the space; c.Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually-capturing and manually-downloading video and/or audio recordings; d.Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; e.Manually-operated technological devices used primarily for internal municipal entity communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems; f.City databases that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases; g.Medical equipment used to diagnose, treat, or prevent disease or injury, provided that any information obtained from this equipment is used solely for medical purposes; h.Police department interview room cameras; i.City department case management systems; j.Personal Communication Devices that have not been modified beyond stock manufacturer capabilities in a manner described above; 5 Page 215 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda k.Surveillance technology used by the City solely to monitor and conduct internal investigations involving City employees, contractors, and volunteers; and, l.Systems, software, databases, and data sources used for revenue collection on behalf of the City by the City Treasurer, provided that no information from these sources is shared by the City Treasurer with any other City department or third-party except as part of efforts to collect revenue that is owed to the City. 14. “Surveillance Impact Report” means a publicly-posted written report including, at a minimum, the following: a.Description: Information describing the surveillance technology and how it works, including product descriptions from manufacturers; b.Purpose: Information on the proposed purposes(s) for the surveillance technology; c.Location: The physical or virtual location(s)it may be deployed, using general descriptive terms, and crime statistics for any location(s); d.Impact: An assessment of the Surveillance Use Policy for the particular technology and whether it is adequate in protecting civil rights and liberties and whether the surveillance technology was used or deployed, intentionally or inadvertently, in a manner that may disproportionately affect marginalized communities; e.Mitigations: Identify specific, affirmative technical and procedural measures that will be implemented to safeguard the public from each identified impact; f.Data Types and Sources: A list of all types and sources of data to be collected, analyzed, or processed by the surveillance technology, including open source data, scores, reports, logic or algorithm used, and any additional information derived therefrom; g.Data Security: Information about the controls that will be designed and implemented to ensure that adequate security objectives are achieved to safeguard the data collected or generated by the surveillance technology from unauthorized access or disclosure; h.Fiscal Costs and Sources: The forecasted, prior, and ongoing fiscal costs for the surveillance technology, including initial purchase, personnel, and other ongoing costs, and any past, current or potential sources of funding; 6 Page 216 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda i.Third-Party Dependence: Whether use or maintenance of the surveillance technology will require data gathered by the surveillance technology to be handled or stored by a third-party vendor at any time; j.Alternatives: A summary of all alternative methods (whether involving the use of a new technology or not) considered before deciding to use the proposed surveillance technology, including the costs and benefits associated with each alternative and an explanation of the reasons why each alternative is inadequate; k.Track Record: A summary of the experience (if any) other entities, especially government entities, have had with the proposed technology, including, if available, quantitative information about the effectiveness of the proposed surveillance technology in achieving its stated purpose in other jurisdictions, and any known adverse information about the surveillance technology such as unanticipated costs, failures, or civil rights and civil liberties abuses, existing publicly reported controversies, and any court rulings in favor or in opposition to the surveillance; and l.Public engagement and comments: A description of any community engagement held and any future community engagement plans, number of attendees, a compilation of all comments received and City departmental responses given, and City departmental conclusions about potential neighborhood impacts and how such impacts may differ as it pertains to different segments of the community that may result from the acquisition of surveillance technology. 15. "Surveillance Use Policy" means a publicly-released and legally-enforceable policy for use of the surveillance technology that at a minimum specifies the following: a.Purpose: The specific purpose(s) that the surveillance technology is intended to advance; b.Use: The specific uses that are authorized, and the rules and processes required prior to such use; c.Data Collection: The information that can be collected, captured, recorded, intercepted, or retained by the surveillance technology, as well as data that might be inadvertently collected during the authorized uses of the surveillance technology and what measures will be taken to minimize and delete such data. Where applicable, any data sources the surveillance technology will rely upon, including open source data, should be listed; 7 Page 217 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda d.Data Access: The job classification of individuals who can access or use the collected information, and the rules and processes required prior to access or use of the information; e.Data Protection: The safeguards that protect information from unauthorized access, including logging, encryption, and access control mechanisms; f.Data Retention: The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period; g.Public Access: A description of how collected information can be accessed or used by members of the public, including criminal defendants; h.Third Party Data Sharing: If and how information obtained from the surveillance technology can be used or accessed, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information; i.Training: The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology; j.Auditing and Oversight: The procedures used to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal recordkeeping of the use of the surveillance technology or access to information collected by the surveillance technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy; and k.Maintenance: The procedures used to ensure that the security and integrity of the surveillance technology and collected information will be maintained. Section II. Privacy Advisory Commission (“Commission”) Notification and Review Requirements A.Commission Notification Required Prior to City Solicitation of Funds and Proposals for Surveillance Technology. 1. City staff shall notify the Chair of the Commission by written memorandum along with providing a Surveillance Use Policy and a Surveillance Impact Report prior to: 8 Page 218 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda a.Seeking or soliciting funds for surveillance technology, including but not limited to applying for a grant; b.Soliciting proposals with any entity to acquire, share or otherwise use surveillance technology including the information it provides; or c. Formally or informally facilitating in a meaningful way or implementing surveillance technology in collaboration with other entities, including City ones. 2. Upon notification by City staff, the Chair of the Commission shall place the item on the agenda at the next Commission meeting for discussion and possible action. At this meeting, City staff shall present the Commission with evidence of the need for the funds or equipment, or shall otherwise justify the action City staff will seek Council approval for pursuant to Section III. 3. The Commission may make a recommendation to the City Council by voting for approval to proceed, by objecting to the proposal, by recommending that the City staff modify the proposal, or by taking no action. 4. If the Commission votes to approve, object, or modify the proposal, City staff may proceed and seek City Council approval of the proposed surveillance technology initiative pursuant to the requirements of Section III. City staff shall present to City Council the result of the Commission’s review, including any objections to the proposal. 5. If the Commission does not make its recommendation on the item within 90 calendar days of notification to the Commission Chair, City staff may proceed and seek City Council approval of the proposed Surveillance Technology initiative pursuant to the requirements of Section II. B.Commission Review and Approval Required for New Surveillance Technology Before City Council Approval 1. Prior to seeking City Council approval under Section III, City staff shall submit a Surveillance Impact Report and a Surveillance Use Policy for the proposed new surveillance technology initiative to the Commission for its review at a publicly noticed meeting. The Surveillance Impact Report and Surveillance Use Policy must address the specific subject matter specified for each document as set forth in Section I. 2. The Commission shall approve, modify, or reject the proposed Surveillance Use Policy. If the Commission proposes that the Surveillance Use Policy be modified, the Commission shall propose such modifications to City staff. City staff shall present such modifications to the Commission for approval before seeking City Council approval under Section III. 3. Prior to submitting the Surveillance Impact Report, City staff shall complete one or more community meetings in each City Council district where the proposed surveillance 9 Page 219 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda technology is deployed, with opportunity for public comment and written response. The City Council may condition its approval of the proposed surveillance technology on City staff conducting additional community engagement before approval, or after approval as a condition of approval. 4. The Commission shall recommend that the City Council adopt, modify, or reject the proposed Surveillance Use Policy. If the Commission proposes that the Surveillance Use Policy be modified, the Commission shall propose such modifications to City staff. City staff shall present such modifications to City Council when seeking City Council approval under Section III. 5. If the Commission does not make its recommendation on a presented item within 90 days of notification to the Commission Chair pursuant to Section II, City staff may seek City Council approval of the item. 6. City staff seeking City Council approval shall schedule for City Council consideration and approval of the proposed Surveillance Use Policy, and include Commission recommendations, at least fifteen (15) days prior to a mandatory, properly noticed, germane public hearing. Approval may only occur at a public hearing. C.Commission Review Requirements for Existing Surveillance Technology Before Seeking City Council Approval 1. Prior to seeking City Council approval for existing City surveillance technology used by the City under Section III, City staff shall submit a Surveillance Impact Report and Surveillance Use Policy for each existing surveillance technology to the Commission for its review, and for the public’s review, at least fifteen (15) days prior to a publicly noticed meeting, so the public can prepare for and participate in the Commission meetings. The Surveillance Impact Report and Surveillance Use Policy shall address the specific subject matters set forth for each document in Section I. 2. Prior to submitting the Surveillance Impact Report, City staff shall complete one or more community meetings in each City Council district where the proposed surveillance technology is deployed with opportunity for public comment and written response. The City Council may condition its approval on City staff conducting additional outreach before approval, or after approval as a condition of approval. 3. Prior to submitting the Surveillance Impact Report and proposed Surveillance Use Policy as described above, City staff shall present to the Commission, and for public review, a list of all surveillance technology possessed and/or used by the City. 4. The Commission shall rank the surveillance technology items in order of potential impact to civil liberties to provide a recommended sequence for items to be heard at Commission meetings. The Commission shall take into consideration input from City 10 Page 220 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda staff on the operational importance of the surveillance technology in determining the ranking to allow such matters to be heard in a timely manner. 5. Within sixty (60) days of the Commission’s action in Section II(C)(4), and continuing every month thereafter until a Surveillance Impact Report and a Surveillance Use Policy have been submitted for each item of the list, City staff shall submit at least one (1) Surveillance Impact Report and one (1) proposed Surveillance Use Policy per month to the Commission for review, generally beginning with the highest ranking surveillance technology items as determined by the Commission. 6. If the Commission does not make its recommendation on any item within 90 days of submission to the Commission Chair, City staff may proceed to the City Council for approval of the item pursuant to Section III. Section III. City Council Approval Requirements for New and Existing Surveillance Technology A. City staff shall obtain City Council approval prior to any of the following: 1. Accepting local, state, or federal funds, or in-kind or other donations for surveillance technology; x2. Acquiring new surveillance technology, including but not limited to procuring such technology without the exchange of monies or consideration; 3. Using existing surveillance technology, or using new surveillance technology, including the information the surveillance technology provides, for a purpose, in a manner, or in a location not previously approved by the City Council pursuant to the requirements of this ordinance; or 4. Entering into a continuing agreement or written agreement with to acquire, share or otherwise use surveillance technology or the information it provides, including data-sharing agreements. 5. Notwithstanding any other provision of this section, nothing herein shall be construed to prevent, restrict or interfere with any person providing evidence or information derived from surveillance technology to a law enforcement agency for the purposes of conducting a criminal investigation or the law enforcement agency from receiving such evidence or information. B.City Council Approval Process 1. After the Commission notification and review requirements in Section II have been met, City staff seeking City Council approval shall schedule a date for City Council consideration of the proposed Surveillance Impact Report and proposed Surveillance 11 Page 221 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Use Policy, and include Commission recommendations, at least fifteen (15) days prior to a mandatory, properly-noticed, germane public hearing. Approval may only occur at a public hearing. 2. The City Council shall only approve any action as provided in this Chapter after first considering the recommendation of the Commission, and subsequently making a determination that the benefits to the community of the surveillance technology outweigh the costs; that the proposal will safeguard civil liberties and civil rights; and that, in the City Council’s judgment, no alternative with a lesser economic cost or impact on civil rights or civil liberties would be as effective. 3. For Approval of existing surveillance technology for which the Commission does not make its recommendation within ninety (90) days of review as provided for in Section II: if the City Council has not reviewed and approved such item within four (4) City Council meetings from when the item was initially scheduled for City Council consideration, the City shall cease its use of the surveillance technology until such review and approval occurs. C.Surveillance Impact Reports and Surveillance Use Policies as Public Records 1.Unless otherwise provided in this Ordinance, Surveillance Impact Reports and Surveillance Use Policies are public records. 2.City staff shall make all Surveillance Impact Reports and Surveillance Use Policies, as updated from time to time, available to the public as long as the City uses the surveillance technology in accordance with its request pursuant to Section II. 3.City staff shall post all Surveillance Impact Reports and Surveillance Use Policies to the City’s website with an indication of its current approval status and the planned City Council date for action. Section IV.Use of Unapproved Surveillance Technology during Exigent Circumstances A. City staff may temporarily acquire or use surveillance technology and the data derived from that use in a manner not expressly allowed by a Surveillance Use Policy only in a situation involving exigent circumstances. B. If City staff acquires or uses a surveillance technology in a situation involving exigent circumstances, City staff shall: 1.Immediately report in writing the use of the surveillance technology and its justifications to the City Council and the Commission; 2.Use the surveillance technology solely to respond to the exigent circumstances; 3.Cease using the surveillance technology when the exigent circumstances end; 12 Page 222 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 4.Only keep and maintain data related to the exigent circumstances and dispose of any data that is not relevant to an ongoing investigation or the exigent circumstances; and 5.Following the end of the exigent circumstances, report the temporary acquisition or use of the surveillance technology for exigent circumstances to the Commission in accordance with Section II of this ordinance at its next meeting for discussion and possible recommendation to the City Council. C. Any surveillance technology acquired in accordance with exigent circumstances shall be returned within thirty (30) calendar days following when the exigent circumstances end, unless City staff initiates the process set forth for the use of the surveillance technology by submitting a Surveillance Use Policy and Surveillance Impact Report for Commission review within this 30-day time period. If City staff is unable to meet the 30-day deadline, City staff shall notify the City Council, who may grant an extension. In the event that City staff complies with the 30-day deadline or the deadline as may be extended by the City Council, City staff may retain possession of the surveillance technology, but may only use such surveillance technology consistent with the requirements of this Ordinance. Section V. Oversight Following City Council Approval A.Annual Surveillance Report 1. For each approved surveillance technology item, City staff shall present a written Annual Surveillance Report for the Commission to review within one year after the date of City Council final passage of such surveillance technology and annually thereafter as long as the surveillance technology is used. 2. If City staff is unable to meet the annual deadline, City staff shall notify the Commission in writing of staff’s request to extend this period, and the reasons for that request. The Commission may grant a single extension of up to sixty (60) calendar days to comply with this provision. 3. After review of the Annual Surveillance Report by the Commission, City staff shall submit the Report to the City Council. 4. The Commission shall recommend to the City Council: (a) that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded; (b) that use of the surveillance technology cease; or (c) propose modifications to the corresponding Surveillance Use Policy that will resolve any identified concerns. 5. If the Commission does not make its recommendation on the item within 90 calendar days of submission of the Annual Surveillance Report to the Commission Chair, City staff may proceed to the City Council for approval of the Annual Surveillance Report. B.Summary Of All Requests And Recommendations And City Council Determination 13 Page 223 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 1. In addition to the above submission of any Annual Surveillance Report, City staff shall provide in its report to the City Council a summary of all requests for City Council approval pursuant to Section III for that particular surveillance technology and the pertinent Commission recommendation, including whether the City Council approved or rejected the proposal and/or required changes to a proposed Surveillance Use Policy before approval. 2. Based upon information provided in the Annual Surveillance Report and after considering the recommendation of the Commission, the City Council shall revisit its “cost benefit” analysis as provided in Section III(B)(2) and either uphold or set aside the previous determination. Should the City Council set aside its previous determination, the City’s use of the surveillance technology must cease. Alternatively, City Council may require modifications to a particular Surveillance Use Policy that will resolve any concerns with the use of a particular surveillance technology. Section VI. Enforcement A.Violations of this article are subject to the following remedies: 1. Any material violation of this Ordinance, or of a Surveillance Use Policy promulgated pursuant to this Ordinance, constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in the Superior Court of the State of California to enforce this Ordinance. An action instituted under this paragraph shall be brought against the City of Chula Vista and, if necessary, to effectuate compliance with this Ordinance or a Surveillance Use Policy (including to expunge information unlawfully collected, retained, or shared thereunder), any other governmental agency with possession, custody, or control of data subject to this Ordinance, to the extent permitted by law. 2. Any person who has been subjected to the use of surveillance technology in material violation of this Ordinance, or of a material violation of a Surveillance Use Policy, or about whom information has been obtained, retained, accessed, shared, or used in violation of this Ordinance or of a Surveillance Use Policy promulgated under this Ordinance, may institute proceedings in the Superior Court of the State of California against the City of Chula Vista and shall be entitled to recover actual damages (but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater). 3. A court may award costs and reasonable attorneys' fees to the plaintiff who is the prevailing party in an action brought under paragraphs A(1) and A(2) under Section VI above. 14 Page 224 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section VII. Contract for Surveillance Technology A.Contracts and agreements for surveillance technology 1.It shall be unlawful for the City to enter into any contract or other agreement for surveillance technology that conflicts with the provisions of this Ordinance. Any conflicting provisions in any such contract or agreements, including but not limited to non-disclosure agreements, shall be deemed void and legally unenforceable. Any amendment or exercise of any option to any contract to obtain or use surveillance technology shall require City staff to comply with the provisions of this Ordinance. 2.To the extent permitted by law, the City shall publicly disclose all of its surveillance contracts, including any and all related non-disclosure agreements, if any, regardless of any contract terms to the contrary. Section VIII. Whistleblower Protections A. Neither the City nor anyone acting on behalf of the City may take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment, including but not limited to discriminating with respect to compensation, terms and conditions of employment, access to information, restrictions on due process rights, or civil or criminal liability, because: 1.The employee or applicant was perceived to, about to, or assisted in any lawful disclosure of information concerning the funding, acquisition, or use of a surveillance technology or surveillance data based upon a good faith belief that the disclosure evidenced a violation of this Ordinance; or 2.The employee or applicant was perceived to, about to, had assisted in or had participated in any proceeding or action to carry out the purposes of this Ordinance. B. It shall be grounds for disciplinary action for a City employee or anyone else acting on behalf of the City to retaliate against another City employee or applicant who makes a good-faith complaint that there has been a failure to comply with any Surveillance Use Policy or administrative instruction promulgated under this Ordinance. C. Any employee or applicant who is injured by a violation of this Section may institute a proceeding for monetary damages and injunctive relief against the City in any court of competent jurisdiction. 15 Page 225 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section IX. Review of Existing Surveillance Use Policies and Adoption as Ordinances A. Surveillance technology is considered existing if the City possessed, used, or has a contract in force and effect for the use of surveillance technology, or any resulting data, on the effective date of this Ordinance. B. The requirement for City staff to present a list of all existing surveillance technology and, once ranked, to seek monthly Commission review and approval for the use of existing surveillance technology shall begin within sixty (60) days after the effective date of this Ordinance. C. As per Section II, City staff shall return to City Council with an ordinance or ordinances for adoption and codification under the Chula Vista Municipal Code of all Surveillance Use Policies, but only after proper Commission and City Council review of any Surveillance Use Policies for existing surveillance technology, and with a 15-day public notice period in each instance to allow the public to prepare and participate in the meetings. Section X. 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 XI. 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 XII. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. 16 Page 226 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section XIII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by ____________________________________________________________________ Maria Kachadoorian Glen R Googins City Manager City Attorney 17 Page 227 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Privacy Advisory Commission Ordinance (Revised - July 15, 2022) ORDINANCE NO. _________________ ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE CHULA VISTA PRIVACY ADVISORY COMMISSION PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF, AND DEFINING THE DUTIES AND FUNCTIONS OF SAID COMMISSION WHEREAS, the Chula Vista City Council (City Council) finds that the use of surveillance technology is important to protect public health and safety, but such use must be appropriately monitored and regulated to protect the privacy and other rights of Chula Vista residents and visitors, and WHEREAS the City of Chula Vista (the City) has been building on a detailed Smart City Strategic Action Plan since 2017 with limited opportunity for community input, oversight or control; and WHEREAS Chula Vista seeks to maintain its designation by Welcoming America as a certified Welcoming City, City Council strives to comply with the criteria in the Welcoming Standard, in particular, relevant criteria relating to “Safe Communities”, “Equitable Access”, and “Civic Engagement”; and WHEREAS, the City Council recognizes the use of open data associated with surveillance technology offers benefits to the City, but those benefits must also be weighed against the costs, both fiscal and civil liberties; and WHEREAS, the City Council recognizes that surveillance technology may be a valuable tool to support community safety, investigations, and prosecution of crimes, but must be balanced with the individual’s right to privacy, it also; and WHEREAS, the City Council recognizes that privacy is not just a personal matter; there are societal consequences to privacy degradation over time as well as societal benefits with increased trust and transparency; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information, but also may include technology that aggregates publicly-available information, which, in the aggregate or when 1 Page 228 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda pieced together with other information, has the potential to reveal details about a person’s familial, political, professional, religious, or intimate associations; and WHEREAS, the City Council recognizes that government surveillance may chill associational and expressive freedoms; and WHEREAS, the City Council recognizes that data from surveillance technology can be used to intimidate and oppress certain groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective; and WHEREAS, the City Council finds that safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before City surveillance technology is deployed; and WHEREAS, the City Council finds that decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input; and WHEREAS, on January 18, 2022, City Council unanimously approved creation of a “Technology and Privacy Advisory Task Force” to draft policy and recommendations to be presented to the City Council for consideration, and further requested that the City Administration prepare a “Citywide Technology Oversight Policy”; and WHEREAS, the said Technology and Privacy Advisory Task Force recommends creation of a new permanent citizen advisory board known as the “Privacy Advisory Commision” to advise the Mayor and City Council on transparency, accountability, and public deliberation in the City’s acquisition and usage of surveillance technology and data; and WHEREAS, Article VI, Section 600 of the City Charter reserves to the City Council the authority to create boards and commissions by ordinance, and to prescribe their function, powers, duties, membership, appointment, terms, qualifications, eligibility, reimbursements for expenses, if any; NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Establishment A.Establishment and Appropriations Pursuant to Article VI of the Charter of the City of Chula Vista, there is hereby created a Chula Vista Privacy Advisory Commission (hereinafter referred to as the “Privacy Commission” or “Commission”). Appropriations of funds sufficient for the efficient and proper functioning of the Privacy Commission shall be included in the annual budget by the City Council. 2 Page 229 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda B.Purpose and Intent It is the purpose and intent of the City Council to establish a Privacy Commission to serve as an advisory body to the Mayor and City Council on policies and issues related to privacy and surveillance. The Commission will provide advice intended to ensure transparency, accountability, and public deliberation in the City’s acquisition and use of surveillance technology. C.Definitions For purposes of this ordinance, all words defined in the CVMC Chapter XXXX, known as the Chula Vista Surveillance and Community Safety Ordinance, have the same meaning herein. D.Membership The Privacy Advisory Commission shall consist of nine (9) members, who shall serve without compensation. At least six (6) members shall be Chula Vista residents. Members shall be appointed by the City Council. E.Qualifications of Members All members of the Privacy Advisory Commission shall be persons who have a demonstrated interest in privacy rights through work experience, civic participation, and/or political advocacy. The City Council shall appoint the nine (9) members from the following representative areas of organization interest, expertise, and background: 1.At least one attorney or legal scholar with expertise in privacy or civil rights, or a representative of an organization with expertise in privacy or civil rights; 2.One auditor or certified public accountant; 3.One computer hardware, software, or encryption security professional; 4.One member of an organization that focuses on open government and transparency or an individual, such as a university researcher, with experience working on open government and transparency; and 5.At least four (4) members from equity-focused organizations serving or protecting the rights of communities and groups historically subject to disproportionate surveillance, including communities of color, immigrant communities, religious minorities, and groups concerned with privacy and protest. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Article VI, Section 602, and CVCM Section 2.25.030. No member shall have a state law-prohibited financial interest, employment, or policy-making position in any commercial or for-profit facility, research center, or other organization that sells data products, surveillance equipment, or otherwise profits from recommendations made by the Privacy Advisory Commission. F.Terms 3 Page 230 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Pursuant to Article VI, Section 602 of the City Charter, members shall be appointed by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and confirmed. Members shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the body upon which the member had served. Initial members shall be appointed in staggered terms by lot. For the initial appointments, three (3) members shall be appointed to an initial term that will expire on June 30, 2023, and two (2) members shall be appointed to an initial term that will expire on June 30 of each subsequent year. Initial appointments to a term of two years or less shall not have the initial term count for purposes of the eight-year term limit. G.Rules The Commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as such commissions may require. All proceedings shall be open to the public. At the first regular meeting, and subsequently at the first regular meeting of each year following the first day of July of every year, members of the Privacy Advisory Commission shall select a chairperson and a vice chairperson. The Commission shall adopt rules for the government of its business and procedures in compliance with the law. The Commission rules shall provide that a quorum of the Privacy Advisory Commission is five people. Pursuant to Article VI, Section 603 of the City Charter, the Commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Section II. Privacy Advisory Commission: Duties and Functions A.Duties and Functions The Privacy Advisory Commission shall: 1.Provide advice and technical assistance to the City on best practices to protect resident and visitor privacy rights in connection with the City’s acquisition and use of surveillance technology. 2.Conduct meetings and use other public forums to collect and receive public input on the above subject matter. 3.Review Surveillance Impact Reports and Surveillance Use Policies for all existing and new surveillance technology and make recommendations prior to the City seeking solicitation of funds and proposals for surveillance technology. 4.Submit annual reports and recommendations to the City Council regarding: 4 Page 231 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda a.The City’s use of surveillance technology; and b.Whether new City surveillance technology privacy and data retention policies should be developed, or existing policies should be amended. c.Provide analysis to the City Council of pending federal, state, and local legislation relevant to the City’s purchase and/or use of surveillance technology. d.The Privacy Advisory Commission shall make reports, findings, and recommendations either to the City Manager or the City Council, as appropriate. The Commission shall present an annual written report to the City Council. The Commission may submit recommendations to the City Council following submission to the City Manager. B.Meetings and Voting The Commission shall meet at an established regular interval, day of the week, time, and location suitable for its purpose. Such meetings shall be designated regular meetings. Other meetings scheduled for a time or place other than the regular day, time and location shall be designated special meetings. Written notice of special meetings shall be provided to the Commission members, and all meetings of the Commission shall comport with any City or State open meetings laws, policies, or obligations. The Commission shall, in consultation with the City Manager, establish bylaws, rules and procedures for the conduct of its business by a majority vote of the members present. Voting shall be required for the adoption of any motion or resolution. Any action by the Commission shall be approved by a majority of members present, provided a quorum exists. C.Staff Staff assistance may be provided to the Board as determined by the City Manager, pursuant to his or her authority under the Charter to administer all affairs of the City under his or her jurisdiction. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 5 Page 232 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 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 by ________________________________________________________ Maria Kachadoorian Glen R. Googins City Manager City Attorney 6 Page 233 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Chula Vista Technology and Privacy Advisory Task Force Final Summary of Policy Recommendations Guiding Principles Guiding Principle 1: Protecting the privacy and safety of Chula Vista residents via enforceable law. • The task force intends that ordinances should be passed by the Chula Vista City Council to regulate the acquisition, deployment, use and expansion of new or existing technology designed to or capable of monitoring or capturing personal identifying information (sensitive or surveillance) by the City of Chula Vista. • The task force urges the Chula Vista City Council to align all future decisions regarding technology designed to or capable of monitoring or capturing personal identifying information (sensitive or surveillance) with the principles of ensuring Chula Vista residents receive maximum awareness, that any such technologies provide defined and verifiable benefits for Chula Vista residents. • The task force intends that the fully advised and informed elected members of Chula Vista City Council should be the only body that can authorize new acquisition of, or continuing use of, technology designed to or capable of monitoring or capturing personal identifying information (sensitive or surveillance). There should be no automatic exemption from this approval process for technologies currently in use. Guiding Principle 2: Providing the communities of Chula Vista with a permanent, empowered board or commission. • The task force intends that a board or commission of independent community members that are affected by technology and or who are most knowledgeable of the risks of surveillance technology, will be created by Chula Vista City Council. • The task force intends that the board/commission should be empowered by Chula Vista City Council to ensure the community is fully informed and provided with sufficient time and opportunities for meaningful engagement. • The task force believes local communities and their elected officials should be empowered to make determinations about the use of existing and new technology. We do not intend for department heads or department staff to be empowered to make these determinations without transparency and oversight. • It is the communities most affected that are most in need of an empowered platform, and whose advice can be most meaningful to creating a trusted process. The task force intends that the City select its board/commission members accordingly. Guiding Principle 3: Protecting taxpayer funds and City operations from waste, fraud and abuse. • The task force intends that the proposed acquisition and/or use of technology only be consented to by the Chula Vista City Council under defined conditions, which are enforced by City Council during the approval process. • The task force intends that city departments seeking to fund, acquire, and/or use a surveillance technology should provide information on the surveillance technology’s financial benefits and costs, including its acquisition and annual operational costs. Page 234 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 2 • The task force intends that any program designed to or capable of monitoring or capturing personal identifying information (sensitive or surveillance) being considered for approval should demonstrate written policies and operational controls that are commensurate with the impacts and risks of harms that will be placed on the communities of Chula Vista. • Any eligible technology operated by the City should be periodically required to demonstrate to the community and City Council the technology’s costs and effectiveness at achieving its intended purpose, and its compliance with all privacy requirements. Guiding Principle 4: Protecting Chula Vista residents’ civil rights and civil liberties • The task force intends that technologies designed to or capable of monitoring or capturing personal identifying information (sensitive or surveillance) should not be funded, acquired, or used without studying and addressing their potential impact on civil rights and civil liberties. • The task force intends that city departments seeking to fund, acquire, or use a technology designed to or capable of monitoring or capturing personal identifying information (sensitive or surveillance) should expressly identify the potential adverse impacts the technology may have on civil rights and civil liberties and what specific measures it will undertake to prevent such adverse impacts. This information should serve as the basis for all public hearings regarding the proposed technology. Based on the guiding principles outlined above, the task force has developed the following specific recommendations. Introductory Statements: 1. The Task Force urges the City to adopt ordinances to provide greater structure and accountability to these recommendations. 2. While the Task Force understands it is the City’s prerogative to accept only some of the recommendations in this document, the Task Force urges the City to treat these recommendations as a unified whole and implement all recommendations. 3. The Task Force has received multiple public comments regarding the methodology used to conduct the public opinion survey and focus groups. The Task Force encourages City staff and City Councilmembers to consider the potential for bias in the results of the public opinion research, particularly as described in the letter from Dr. Norah Shultz of San Diego State University, which was provided as part of the August 15 Task Force meeting agenda. Page 235 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 3 Privacy Advisory Board 1. The City should establish a permanent Privacy Advisory Board responsible for carrying out a broad range of advisory duties. a. The Privacy Advisory Board should be established as soon as possible, as it is key to implementing many of the recommendations in this document and conducting further public discussion on important issues related to privacy and City technology. b. The Board’s duties are described throughout this document, including: i. Holding regular meetings that are open to the public, including opportunities for public comment in English and other languages. ii. Reviewing Use Policies for technologies that generate Sensitive Personal Information and making recommendations on changes iii. Reviewing Technology Impact Reports for technologies that generate Sensitive Personal Information and making recommendations on changes iv. Reviewing Annual Impact Reports for technologies that generate Sensitive Personal Information and making recommendations on changes v. Reviewing data sharing agreements. vi. Reviewing new and existing technology-related contracts. 2. The Privacy Advisory Board should have nine members, at least two-thirds of whom are Chula Vista residents. a. Chula Vista residents should comprise a super-majority of Board members because residents experience the impacts of City decisions on privacy and technology to a much greater degree than non-residents do. b. The purpose of allowing non-residents to serve on the Board is to recognize that non-residents also experience the impacts of City decisions on privacy and technology, especially if they work, own a business, or attend school in Chula Vista. Additionally, non-residents may have valuable expertise or perspectives that should be included on the Board. c. There is no requirement to include non-residents on the Board. 3. Privacy Advisory Board members will be selected through a combination of City staff review, community review, and City Council review. a. Members of the Board should be selected through a process that includes review and vetting by both City staff and by community leaders, similar to the process used to appoint members of the Technology and Privacy Advisory Task Force. b. All members of the Board must be approved by a majority vote of the City Council pursuant to the City Charter. c. The purpose of involving community leaders in the selection process for some members is to ensure that Board membership is not exclusively determined by City staff or elected officials. 4. Selections to the Board should reflect the City’s diversity in terms of race, gender, and age. Page 236 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 4 All Board members shall be persons who have an interest in privacy rights as demonstrated by work experience, civic participation, and/or political advocacy. No member may be an elected official. No member may have a financial interest, employment, or policy-making position in any commercial or for-profit facility, research center, or other organization that sells surveillance equipment or profits from decisions made by the Board. Each of the following perspectives should be represented by at least one member of the Board: a. A resident of Council District 1 b. A resident of Council District 2 c. A resident of Council District 3 d. A resident of Council District 4 e. A technology professional with expertise in emerging technologies and systems (this perspective should be represented by three members of the board) f. A professional financial auditor or Certified Public Accountant (CPA) g. An attorney, legal scholar, or recognized academic with expertise in privacy and/or civil rights h. A member of an organization that focuses on government transparency or individual privacy i. A representative from an equity-based organization or a member of the Human Relations Commission. j. A former member of the Technology and Privacy Advisory Task Force (only applies to the first year of appointments) Chief Privacy Officer 5. The City should hire a full-time Chief Privacy Officer responsible for carrying out a broad range of duties related to privacy. a. Until a full-time Chief Privacy Officer can be budgeted and hired, the duties of the Chief Privacy Officer should be carried out by the Chief Information Security Officer. b. The Chief Privacy Officer should report to the City Manager to ensure they are accountable to City Council and the voters of Chula Vista. i. A minority of task force members believes the Chief Privacy Officer should report to the City Attorney to ensure they are accountable to the voters of Chula Vista. c. The Chief Privacy Officer’s responsibilities include, but are not limited to: i. Provide regular training sessions and guidance to City staff on privacy issues. ii. Serve as the primary City staff liaison to the Privacy Advisory Board, including: 1. Managing agendas and coordinating meetings Page 237 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 5 2. Managing the selection process for Privacy Advisory Board members 3. Assisting in the preparation and presentation of technology Use Policies for Board review iii. Performing internal audits and ensuring compliance with data retention standards and use policies, and coordinating with external privacy auditors when applicable iv. Evaluating new technology acquisitions for potential privacy issues Use Policies 6. The City should create written Use Policies that govern the use of each technology that generates Sensitive Personal Information and the data generated by those technologies. a. Each policy should clearly state the purpose of the technology, who will be allowed to access the technology, how the technology can be used, what kind of data the technology generates, how that data can be used, how that data is protected, and the retention period for that data. 7. Use Policies should be drafted by the applicable department in consultation with the Chief Privacy Officer, then reviewed by the Privacy Advisory Board. a. Departments will use a template created by the Chief Privacy Officer. 8. Use Policies should be reviewed annually and updated if necessary. Use policies should also be reviewed and updated any time there is a significant change in the function or purpose of the technology. 9. Due to the large number of use policies that may need to be created or updated, the Chief Privacy Officer and Privacy Advisory Board will perform an analysis that prioritizes current and future technologies based on the impact and risks to individual privacy. Based on the results of this analysis, use policies will be reviewed for the highest-ranked technologies first. a. Facial recognition technology, other biometric systems, surveillance systems, and systems that use machine learning algorithms should be a top priority for Board review. Data Retention and Data Sharing 10. The City should never sell the data it collects nor allow third parties working on behalf of the City to sell or use data owned by the City except as necessary to provide the contracted service to the City. 11. Sharing of Sensitive Personal Information between City Departments should be subject to a review process that includes approval by the City Manager and periodic review by the Chief Privacy Officer and Privacy Advisory Board. Page 238 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 6 a. The purpose of this policy recommendation is to ensure there is a clear understanding of how data is being used and shared between departments, and to prevent situations where there is uncertainty around how data is being used, such as in the case of the informal data-sharing that occurred between Engineering and the Police Department regarding traffic signal camera feeds. b. This recommendation does not apply to the sharing of standard business data or other operational information between departments. It does apply to data that can be used to identify a person. 12. External data-sharing between the City and third parties must be approved through a formal, auditable process that includes the Chief Privacy Officer and Privacy Advisory Board. a. The purpose of this policy recommendation is to prevent situations like the sharing of ALPR data with law enforcement agencies that should not have had access to it. b. The review should ensure that personal information is not being shared and that the data has been repackaged and de-identified to minimize the possibility of privacy violations. 13. The City Records Retention Schedule should be re-organized and expanded to include information on what personal data is collected and when that data will be deleted. a. As part of these updates, the Records Retention schedule should be presented in a format that provides a category for data type in addition to the existing categories. b. The Chief Privacy Officer should collaborate with the City Clerk to lead this process. 14. The City should establish a more formal process for ensuring that personal data is being deleted according to the Use Policies established for that data. 15. The City should establish a policy that it will not collect personal data unless it is absolutely necessary to provide the core service. a. The Chula Vista Public Library’s approach to personal data is a model that should be followed citywide. Personal data is only collected and retained for the period necessary to provide the service. For example, the library keeps a record of an item checked out by an individual borrower only until that item is returned, at which point data related to that transaction is deleted. b. To ensure compliance with this policy, the Chief Privacy Officer should randomly sample Departments or data sets to review on a periodic basis. 16. Where possible, the City should anonymize, remove, or de-identify data that relates to a person. a. It must be understood and acknowledged that anonymization strategies will not completely protect individuals from having their identities reverse-engineered from otherwise anonymized datasets, but these strategies are still valuable in mitigating risks to individual privacy. Page 239 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 7 17. The role of the City’s Data Governance Committee should be more clearly defined and communicated to the public. a. The City should ensure that the work of the Data Governance Committee is consistent with the City’s adopted privacy policies and with the role or recommendations of the Privacy Advisory Board. Transparency and Oversight 18. City staff should provide Annual Technology Reports (as defined) to the Privacy Advisory Board on the use of proposed or existing technologies that generate Sensitive Personal Information. a. Any other reports currently provided on a more frequent basis (such as Automated License Plate Reader systems) should continue to be provided on the same basis. 19. City staff should provide the public with full disclosures about what technologies have been acquired, what data is being collected, and how that data is being used. a. These disclosures should happen in a variety of ways, including on the City’s website, through email newsletters, social media, and in printed communications mailed to residents. b. These disclosures should address what data is being collected, what department is collecting it, how it is being used, who has access to it, how long it is retained, etc. c. Where feasible, signs should be posted to notify and disclose surveillance technology. For example, if surveillance cameras are added to parks, signs should be posted notifying visitors that they are under video surveillance. d. The City should hold public forums, educational seminars, and other types of community events to ensure the public is informed and has an opportunity to hold the City accountable for how technologies that generate Sensitive Personal Information are being used. e. All public disclosures related to technology, data, and privacy should be provided with adequate time for public review before any meeting. The 72-hour standard is not sufficient for the public to review and consider new information, especially when that time period coincides with weekends and holidays. 20. Information about privacy and technology that is provided on the City website should be easy to find and easy to understand. a. Links to disclosures should be provided on each Department’s page within the City website. b. The City’s “smart city” webpages should have their own navigational tab or section on the City website, rather than being contained under the Business / Economic Development section. 21. Contracts with technology vendors should be easy for the public to find and review. a. This should include information about the status of existing contracts, including upcoming renewal or termination dates. Page 240 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 8 22. Data breaches should be disclosed to affected individuals as soon as possible, pursuant to all applicable state and federal laws, and the City should provide a general notification to the public once the issue has been fully resolved. a. Notification to the general public should occur through a wide range of communications channels, including social media, news media, and the City website. To protect the City’s information security, only limited information should be released to the general public. 23. Residents should have the opportunity to opt-out or have their data deleted if it was provided voluntarily to the City and is not needed for City operations. a. It is understood that individuals will not be able to opt-out of certain types of data collection, such as a drone responding to 9-1-1 calls, or medical data being retained following a emergency medical service call. 24. The City should establish strong whistleblower protections for any employee who reports a suspected violation of the City’s privacy or technology policies or any use of City technology that could violate an individual’s privacy. Procurement 25. All contracts with privacy risks must be presented to the City Council, regardless of whether they meet standard purchasing and contracting thresholds that typically trigger City Council review. 26. At least one month prior to a City Council decision to acquire new technology that generates Sensitive Personal Information or to adopt new policies around the use of new or existing technology that generates Sensitive Personal Information, the City should hold public meetings to solicit community input on the proposed policies associated with the technology. a. Meetings should be held in locations on both the West and East sides in locations such as public libraries. b. These public meetings should include a presentation by City staff outlining how the technology would work, types of data to be collected, how the data would be protected, etc. c. These meetings should be recorded and made available on the City’s website and/or social media channels such as YouTube, and links to the video should be promoted through City communications channels in the weeks prior to a City Council decision. 27. Following the public meetings and prior to seeking City Council approval for a new technology that generates Sensitive Personal Information, City staff should create a Technology Impact Report as defined. a. Any change in the proposed use of a technology that generates Sensitive Personal Information requires a new Technology Impact Report. Page 241 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 9 28. Prior to City Council presentation, contracts with privacy risks must be reviewed by the Chief Privacy Officer and the Privacy Advisory Board. The evaluation provided by the Chief Privacy Officer and the Privacy Advisory Board must be included as part of the report presented to City Council. 29. Public disclosures should follow a process similar to the one outlined in Appendix C, in which City staff first hosts community meetings at least one month prior to a City Council meeting, then provides draft Technology Impact Reports and Use Policies to the Privacy Advisory Board, then receives feedback and a recommendation from the Privacy Advisory Board, then provides public notice at least two weeks in advance of a City Council meeting, and then holds a public hearing at a City Council meeting. 30. As a strategy to mitigate risks to the City’s information security, the City should establish a preference for acquiring technology that is developed and sold by companies that are owned and based in the United States. 31. Prior to agreeing to acquire new technology that generates Sensitive Personal Information, the City Council should make a determination that the following conditions have been met: a. The collection and use of Sensitive Personal Information is reasonably necessary and proportionate for one of the following purposes, and that this purpose outweighs the risks and costs to the civil rights and civil liberties of Chula Vista community members: i. The vital interest of the individual ii. The public interest iii. Contractual necessity iv. Compliance with legal obligations v. Unambiguous consent of the individual vi. Legitimate interest of the City b. City staff have provided an adequate justification for the stated purposes, retention periods, and impacts of the technology. c. The public has been notified at least 30 days prior to the City Council decision. d. The Privacy Advisory Board has reviewed and provided a recommendation as part of the City’s due diligence and risk assessment process, and this recommendation has been documented and considered by the City Council. e. The City will follow best practices — including, but not limited to, anonymization, encryption, and least privilege access — to safeguard data. f. The City will govern the use of surveillance data and biometric data in a manner similar to the California Privacy Rights Act (CPRA) requirements for “sensitive data.” 32. The City may not enter into any agreement that prohibits the City from publicly acknowledging that it has acquired or is using a particular technology. Nondisclosure agreements are acceptable only to extent that they protect a vendor’s proprietary information without prohibiting the City’s acknowledgement of a relationship with the Page 242 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Technology and Privacy Advisory Task Force: Final Summary of Policy Recommendations 10 vendor. 33. Contracts should include a clause of convenience that allows the City to terminate the agreement in the event the vendor violates any restriction on the sale or sharing of data or otherwise violates individual privacy protections. 34. Technology contracts should require that vendors provide the City with the capability to audit or review who has accessed what information. a. These access reports should be provided at pre-designated intervals to City staff or third-party auditors. 35. City staff should be provided with additional training to assist in recognizing potential data privacy issues in contracts. a. Key staff to receive additional training includes the Chief Privacy Officer, Chief Information Security Officer, City Attorney staff, and purchasing and contracting staff. 36. Changes in the ownership of a technology that generates Sensitive Personal Information that has already been reviewed by the Privacy Advisory Board should trigger a new review by the Privacy Advisory Board. Information Security 37. Establish a comprehensive information security policy that addresses procedures for maintaining and controlling access to data and articulates the roles and responsibilities of data stewards and data custodians. a. An outline of such a policy has been developed by the Information Security subcommittee of this Task Force and will be submitted as part of this recommendation. b. The policy should make clear that only City-owned mobile equipment using two- factor authentication should be allowed to connect to the City’s primary network. Any personal devices connecting to the City’s network must use restricted “guest” access. c. The policy should provide for audits of all City-owned equipment to protect against unauthorized storage of regulated data. d. The policy should require data security breaches to be reviewed and addressed by an established panel that includes the Director of Information Technology Services, the Chief Information Security Officer, the Chief of Police, the City Attorney, and the Chief Privacy Officer. e. The policy should require that data is stored and transmitted in encrypted formats whenever possible and prohibit the communication of confidential data through end-user messaging technologies such as email, instant messaging, chat, or other communication methods. f. The policy should specifically address mobile computing devices, including recovery of data in the event a mobile computing device is lost or stolen. Page 243 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions Page 244 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 2 Definitions 1.“Annual Technology Report” means a written report concerning a specific technology that generates Sensitive Personal Information that includes all the following: (Source: San Diego TRUST pg.3) a. A description of how the technology was used, including the type and quantity of data gathered or analyzed by the technology; b. Whether and how often data acquired through the use of the technology was shared with internal or external entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s) except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; c. Where applicable, a description of the physical objects to which the technology hardware was installed without revealing the specific location of such hardware; for technology software, a breakdown of what data sources the technology was applied to; d. Where applicable, a description of where the technology was deployed geographically, by each Police Area in the relevant year; e. A summary of community complaints or concerns about the technology, and an analysis of its Use Policy and whether it is adequate in protecting civil rights and civil liberties. The analysis shall consider whether, and to what extent, the use of the technology disproportionately impacts certain groups or individuals; f. The results of any internal audits or investigations relating to technology, any information about violations or potential violations of the Use Policy, and any actions taken in response. To the extent that the public release of such information is prohibited by law, City staff shall provide a confidential report to the City Council regarding this information to the extent allowed by law; g. Information about any data breaches or other unauthorized access to the data collected by the technology, including information about the scope of the breach and the actions taken in response, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; h. A general description of all methodologies used to detect incidents of data breaches or unauthorized access, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; Page 245 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 3 I. Information, including crime statistics, that helps the community assess whether the technology has been effective at achieving its identified purposes; i. Statistics and information about Public Records Act requests regarding the relevant subject technology, including response rates, such as the number of Public Records Act requests on such technology and the open and close date for each of these Public Records Act requests; j. Total annual costs for the technology, including personnel and other ongoing costs, and what source of funding will fund the technology in the coming year; and k. Any requested modifications to the Use Policy and a detailed basis for the request. 2. “City” means any department, unit, program, and/or subordinate division of the City of Chula Vista as provided by Chapter XXXX of the Chula Vista Municipal Code. (Source: CV Municipal Code Sec. 210.01.01 paragraph C; San Diego TRUST pg.6) 3. “City staff” means City personnel authorized by the City Manager or appropriate City department head to seek City Council Approval of Technology That Generates Sensitive Personal Information in conformance with this Chapter. (Source: San Diego TRUST pg.7) 4. “Community meeting” means a publicly held meeting that is accessible, noticed at least seventy-two hours in advance in at least two languages, for the purpose of educating communities, answering questions, and learning about potential impacts of the technology on disadvantaged groups. (Source: CV City Charter pg.7; San Diego TRUST pg.7) 5. “Continuing agreement” means a written agreement that automatically renews unless terminated by one or more parties. (Source: CV City Charter pg.7; San Diego TRUST pg.7) 6. “Exigent circumstances” means a City department’s good faith belief that an emergency involving imminent danger of death or serious physical injury to any individual requires the use of a technology that generates Sensitive Personal Information that has not received prior approval by City Council. (Source: CV City Charter pg.7; San Diego TRUST pg.7) 7. “Facial recognition technology” means an automated or semi-automated process that assists in identifying or verifying an individual based on an individual’s face. (Source: CV City Charter pg.7; San Diego TRUST pg.7) 8. “Individual” means a natural person. (Source: CV City Charter pg.7; San Diego TRUST pg.7) 9. “Personal communication device” means a mobile telephone, a personal digital assistant, a wireless capable tablet and a similar wireless two-way communications and/or portable internet- accessing device, whether procured or subsidized by a City entity or personally owned, that is used in the regular course of City business. (Source: CV City Charter pg.8; San Diego TRUST pg.8) Page 246 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 4 10. “Police area” refers to each of the geographic districts assigned to a Chula Vista Police Department captain or commander and as such districts are amended from time to time. (Source: CV City Charter pg.8; San Diego TRUST pg.8) 11. “Privacy Impact Assessment” means an analysis of how information is handled to ensure handling conforms to applicable legal, regulatory, and policy requirements regarding privacy; to determine the risks and effects of creating, collecting, using, processing, storing, maintaining, disseminating, disclosing, and disposing of information in identifiable form in an electronic information system; and to examine and evaluate protections and alternate processes for handling information to mitigate potential privacy concerns. A privacy impact assessment is both an analysis and a formal document detailing the process and the outcome of the analysis (Source: National Institute of Standards and Technology Computer Security Resource Center) 12. “Privacy Risk” means the likelihood that individuals will experience problems resulting from data processing, and the impact should they occur. (Source: National Institute of Standards and Technology Computer Security Resource Center) 13. “Sensitive personal information” will reflect the California Privacy Rights Act (CPRA) (Source: 1798.140) definition of personal information which defines the term to include: (l) personal information that reveals: (A) a consumer’s social security, driver’s license, state identification card, or passport number; (B) a consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (C) a consumer’s precise geolocation; (D) a consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership; (E) the contents of a consumer’s mail, email and text messages, unless the business is the intended recipient of the communication; (F) a consumer’s genetic data; and (2) (A) the processing of biometric information for the purpose of uniquely identifying a consumer; (B) personal information collected and analyzed concerning a consumer’s health; or (C) personal information collected and analyzed concerning a consumer’s sex life or sexual orientation. 14. “Surveillance” (or “spying”) means to observe or analyze the movements, behavior, data, or actions of individuals. Individuals include those whose identity can be revealed by data or combinations of data, such as license plate data, images, IP addresses, user identifications, unique digital identifiers, or data traces left by the individual. (Source: CV City Charter pg.8) 15. “Surveillance technology” means any software (e.g., scripts, code, Application Programming Interfaces), electronic device, or system utilizing an electronic device used, designed, or primarily intended to observe, collect, retain, analyze, process, or share audio, electronic, visual, Page 247 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 5 location, thermal, olfactory, biometric, or similar information specifically associated with, or capable of being associated with, any individual or group. It also includes the product (e.g., audiovisual recording, data, analysis, report) of such surveillance technology. Examples of surveillance technology include, but are not limited to the following: cell site simulators (Stingrays); automated license plate readers; gunshot detectors (ShotSpotter); drone-mounted data collection; facial recognition software; thermal imaging systems; body-worn cameras; social media analytics software; gait analysis software; video cameras that can record audio or video and transmit or be remotely accessed. It also includes software designed to monitor social media services or forecast and/or predict criminal activity or criminality, and biometric identification hardware or software. “Surveillance technology” does not include devices, software, or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology beyond what is set forth below or used beyond a purpose as set forth below: (Source: CV City Charter pg.8; San Diego TRUST pg.8) a. Routine office hardware, such as televisions, computers, credit card machines, badge readers, copy machines, and printers, that is in widespread use and will not be used for any public surveillance or law enforcement functions related to the public; b. Parking Ticket Devices (PTDs) used solely for parking enforcement-related purposes, including any sensors embedded in parking sensors to detect the presence of a car in the space; c. Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually-capturing and manually-downloading video and/or audio recordings; d. Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; e. Manually-operated technological devices used primarily for internal municipal entity communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems; f. City databases that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases; g. Medical equipment used to diagnose, treat, or prevent disease or injury, provided that any information obtained from this equipment is used solely for medical purposes; h. Police department interview room cameras; i. City department case management systems; Page 248 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 6 j. Personal Communication Devices that have not been modified beyond stock manufacturer capabilities in a manner described above; k. Surveillance technology used by the City solely to monitor and conduct internal investigations involving City employees, contractors, and volunteers; and, l. Systems, software, databases, and data sources used for revenue collection on behalf of the City by the City Treasurer, provided that no information from these sources is shared by the City Treasurer with any other City department or third-party except as part of efforts to collect revenue that is owed to the City. 16. “Technology Impact Report” means a publicly-posted written report for each Technology that Generates Sensitive Personal Information including, at a minimum, the following: (Source: CV Charter pg.11; San Diego TRUST pg.11) a. Description: Information describing the technology and how it works, including product descriptions from manufacturers; b. Purpose: Information on the proposed purposes(s) for the technology; c. Location: The physical or virtual location(s) it may be deployed, using general descriptive terms, and crime statistics for any location(s); d. Impact: An assessment of the Use Policy for the particular technology and whether it is adequate in protecting civil rights and liberties and whether the technology was used or deployed, intentionally or inadvertently, in a manner that may disproportionately affect marginalized communities; e. Mitigations: Identify specific, affirmative technical and procedural measures that will be implemented to safeguard the public from each identified impact; f. Data Types and Sources: A list of all types and sources of data to be collected, analyzed, or processed by the technology, including open source data, scores, reports, logic or algorithm used, and any additional information derived therefrom; g. Data Security: Information about the controls that will be designed and implemented to ensure that adequate security objectives are achieved to safeguard the data collected or generated by the technology from unauthorized access or disclosure; h. Fiscal Costs and Sources: The forecasted, prior, and ongoing fiscal costs for the technology, including initial purchase, personnel, and other ongoing costs, and any past, current or potential sources of funding; i. Third-Party Dependence: Whether use or maintenance of the technology will require data gathered by the technology to be handled or stored by a third-party vendor at any time; Page 249 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 7 j. Alternatives: A summary of all alternative methods (whether involving the use of a new technology or not) considered before deciding to use the proposed technology, including the costs and benefits associated with each alternative and an explanation of the reasons why each alternative is inadequate; k. Track Record: A summary of the experience (if any) other entities, especially government entities, have had with the proposed technology, including, if available, quantitative information about the effectiveness of the proposed technology in achieving its stated purpose in other jurisdictions, and any known adverse information about the technology such as unanticipated costs, failures, or civil rights and civil liberties abuses, existing publicly reported controversies, and any court rulings in favor or in opposition to thetechnology; and l. Public engagement and comments: A description of any community engagement held and any future community engagement plans, number of attendees, a compilation of all comments received and City departmental responses given, and City departmental conclusions about potential neighborhood impacts and how such impacts may differ as it pertains to different segments of the community that may result from the acquisition of the technology. 17. “Technology that generates ‘Sensitive Personal Information’” includes “Surveillance technology” and other technology that presents “Privacy Risks” 18. “Use Policy” means a publicly-released and legally-enforceable policy for use of a Technology that Generates Sensitive Personal Information that at a minimum specifies the following: (Source: CV Charter pg.13; San Diego TRUST pg.13) a. Purpose: The specific purpose(s) that the technology is intended to advance; b. Use: The specific uses that are authorized, and the rules and processes required prior to such use; c. Data Collection: The information that can be collected, captured, recorded, intercepted, or retained by the technology, as well as data that might be inadvertently collected during the authorized uses of the technology and what measures will be taken to minimize and delete such data. Where applicable, any data sources the technology will rely upon, including open source data, should be listed; d. Data Access: The job classification of individuals who can access or use the collected information, and the rules and processes required prior to access or use of the information; e. Data Protection: The safeguards that protect information from unauthorized access, including logging, encryption, and access control mechanisms; Page 250 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix A: Definitions 8 f. Data Retention: The time period, if any, for which information collected by the technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period; g. Public Access: A description of how collected information can be accessed or used by members of the public, including criminal defendants; h. Third Party Data Sharing: If and how information obtained from the technology can be used or accessed, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information; i. Training: The training required for any individual authorized to use the technology or to access information collected by the technology; j. Auditing and Oversight: The procedures used to ensure that the Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal recordkeeping of the use of the technology or access to information collected by the technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy; and k. Maintenance: The procedures used to ensure that the security and integrity of the technology and collected information will be maintained. Page 251 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix B: Information Security Policy Note: The task force is attaching the following information security policy model, drafted by task force member Charles Walker, as a sample resource to assist City staff in developing a comprehensive information security policy. This policy model is an incomplete working draft and has not been fully vetted by the task force. Page 252 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2 Recommended City Information Security Policies PURPOSE: To provide guidelines with regard to the responsibility of every City of Chula Vista (City) employee who accesses Data and information in electronic formats and to provide for the security of that Data and to restrict unauthorized access to such information. POLICY: Electronic Data is important to the City assets that must be protected by appropriate safeguards and managed with respect to Data stewardship. This policy defines the required Electronic Data ma nagement environment and classifications of Data, and assigns responsibility for ensuring Data and information privacy and security at each level of access and control. SCOPE AND APPLICABILITY: This policy applies to all City personnel and affiliated users with access to City Data. DEFINITIONS: Affiliated Users: Vendors and guests who have a relationship to the City and need access to City systems. Application or App: A software program run on a computer or mobile device for the purpose of providing a business/academic/social function. Cloud: An on-demand availability, geographically dispersed infrastructure of computer system resources, especially data storage (cloud storage) and computing power, without direct active management by the end user. Clouds may be limited to a single organization (Private Cloud), or be available to many organizations (Public Cloud). Cloud-computing providers offer their “services” according to three standard models: Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS). Confidential Data: Data that are specifically restricted from open disclosure to the public by law are classified as Confidential Data. Confidential Data requires a high level of protection against unau thorized disclosure, modification, transmission, destruction, and use. Confidential Data include, but are not limited to: • Medical Data, such as Electronic Protected Health Information and Data protected by the Health Insurance Portability and Accountability Act (HIPAA); • Investigation. Only investigation data and information within the following broad categories is to be considered Confidential Data: o Active Investigations; o Activity that is covered by a fully executed non-disclosure agreement (NDA); o Information, data, etc., that is proprietary or confidential (whether it belongs to an internal investigator or an outside collaborator), regardless of whether it is subject to an NDA; o Information or data that is required to be deemed confidential by state or federal law (e.g., personally identifying information about research subjects, HIPAA or FERPA protected information, etc.); and o Information related to an allegation or investigation into misconduct. • Information access security, such as login passwords, Personal Identification Numbers (PINS), logs with personally identifiable Data, digitized signatures, and encryption keys; Appendix B: Information Security Policy Model Page 253 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 3 • Primary account numbers, cardholder Data, credit card numbers, payment card information, banking information, employer or taxpayer identification number, demand deposit account number, savings account number, financial transaction device account number, account password , stock or other security certificate or account number (such as Data protected by the Payment Card Indu stry Data Security Standard) ; • Personnel file, including Social Security Numbers; • Library records; • Driver’s license numbers, state personal identification card numbers, Social Security Numbers, employee identification numbers, government passport numbers, and other personal information that is protected from disclosure by state and federal identity theft laws and regulations. Data Classifications: All Electronic Data covered by this policy are assigned one of three classifications: • Confidential • Operation Critical • Unrestricted Data Custodian: Persons or departments providing operational support for an information system and having responsibility for implementing the Data Maintenance and Control Method defined by the Data Steward. Data Maintenance and Control Method: The process defined and approved by the Data Steward to handle the following tasks: • Definition of access controls with assigned access, privilege enablement, and documented management approval, based on job functions and requirements. • Identification of valid Data sources • Acceptable methods for receiving Data from identified sources • Process for the verification of received Data • Rules, standards and guidelines for the entry of new Data, change of existing Data or deletion of Data • Rules, standards and guidelines for controlled access to Data • Process for Data integrity verification • Acceptable methods for distributing, releasing, sharing, storing or transferring Data • Acceptable Data locations • Providing for the security of Confidential Data and Operation Critical Data • Assuring sound methods for handling, processing, security and disaster recovery of Data • Assuring that Data are gathered, processed, shared and stored in accordance with the City privacy statement (to be written). Data Steward: The persons responsible for City functions and who determine Data Maintenance and Control Methods are Data Stewards. Electronic Data/Data: Distinct pieces of information, intentionally or unintentionally provided to the City in a variety of administrative, academic and business processes. This policy covers all Data stored on any electronic media, and within any computer systems defined as a City information technology resource. Appendix B: Information Security Policy Model Page 254 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 4 Mobile Computing Devices: Information technology resources of such devices include, but are not limited to, laptops, tablets, cell phones, smart phones, and other portable devices. Operation Critical Data: Data determined to be critical and essential to the successful operation of the City as a whole, and whose loss or corruption would cause a severe detrimental impact to continued operations. Data receiving this classification require a high level of protection against accidental d istribution, exposure or destruction, and must be covered by high quality disaster recovery and business contin uity measures. Data in this category include Data stored on Enterprise Systems such as Data passed through networked communications systems. Such Data may be released or shared under defined, specific procedures for disclosure, such as departmental guidelines, documented procedures or policies. City Provided Data Systems: Information technology resources, as defined and described by the City and used for the storage, maintenance and processing of City Data. Unrestricted Data: Information that may be released or shared as needed. Usage/Data Use: Usage and Data Use are used interchangeably and are defined as gathering, viewing, storing, sharing, transferring, distributing, modifying, printing and otherwise acting to provide a Data maintenance environment. PROCEDURES: 1. Data Stewardship Data Stewards are expected to create, communicate and enforce Data Maintenance and Control Methods. Data Stewards are also expected to have knowledge of functions in their areas and the Data and information used in support of those functions. The Chief Information Officer(CIO) is ultimately accountable for the Data management and stewardship of all the City data. The CIO may appoint others in their respective areas of responsibility. 2. Data Maintenance and Control Method Data Stewards will develop and maintain Data Maintenance and Control Methods for their assigned systems. When authorizing and assigning access controls defined in the Data Maintenance and Control Methods involving Confidential Data and Operation Critical Data, Data Stewards will restrict user privileges to the least access necessary to perform job functions based on job role and res ponsibility. If the system is a City Provided Data System, City Technology Services will provide, upon request, guidance and services for the tasks identified in the Data Maintenance and Control Method. If the system is provided by a Public Cloud, the Data Steward must still verify that the Data Maintenance and Control Method used by the Public Cloud provider meets current City technology standards (to be written)?. Further, ongoing provisions for meeting current City technology and security standards (to be written)? must be included in the service contract. Appendix B: Information Security Policy Model Page 255 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 5 Review of Public Cloud solutions must include City Technology Services and City Attorney prior to final solution selection and purchase. Use of personal equipment to conduct City business must comply with all guidance provided by City policies (to be written)?. 3. Data Custodianship Data Custodians will use Data in compliance with the established Data Maintenance and Control Method. Failure to process or handle Data in compliance with the established method for a system will be considered a violation of the City policies. 4. Data Usage In all cases, Data provided to the City will be used in accordance with the Privacy Statement (to be written) Software solutions, including SaaS solutions, are selected to manage Data and are procured, purchased and installed in conjunction with City (to be written) Data will be released in accordance with City (to be written). Requests for information from external agencies (such as Freedom of Information Act requests, subpoenas, law enforcement agency requests, or any other request for Data from an external source) must be directed to the City Attorney and processed in accordance with existing policies. Standards for secure file transmissions, or Data exch anges, must be evaluated by the CIO when a system other than a City Provided Data System is selected or when a Public Cloud is utilized. Specific contract language may be required. The City Attorney must be consulted regarding such language. Unencrypted authorization and Data transmission are not acceptable. Communication of Confidential Data via end-user messaging technologies (i.e., email, instant messaging, chat or other communication methods) is prohibited 5. Storing Data Data cannot be stored on a system other than a City Provided Data System without the advance permission of the Data Steward and demonstrated legitimate ne ed. Data should be stored in encrypted formats whenever possible. Confidential Data must be stored in encrypted formats. Encryption strategies should be reviewed with City Technology Services in advance to avoid accidental Data lockouts. Data cannot be stored on a City-provided Computing Device unless the device is encrypted without the advance permission of the Data Steward and demonstrated legitimate need. Data must be stored on devices and at locations approved by Data Stewards. If information techn ology resources (computers, printers and other items) are stored at an off-campus location, the location must be approved by Data Stewards prior to using such resources to store City Data. Appendix B: Information Security Policy Model Page 256 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 6 Technology enables the storage of Data on fax machines, copiers, cell phones, point-of-sale devices and other electronic equipment. Data Stewards are responsible for discovery of stored Data and removal of the Data prior to release of the equipment. When approving Mobile Computing Device Usage, Data Stewards must verify that those using Mobile Computing Devices can provide information about what Data was stored on the device (such as a cop y of the last backup) in the event the device is lost or stolen. In all cases, Data storage must comply with City retention policies. Data Usage in a Public Cloud system must have specific retention standards(to be written)? written in the service contract. The City Attorney must be consulted regarding such language. Provisions for the return of all City Data in the event of contract termination must be included in the contract, when Data is stored on a Public Cloud. The City Attorney must be consulted regarding such language. Current security standards (to be written)? (such as controlled access, personal firewalls, antivirus, fully updated and patched operating systems, etc.) will be evaluated when a system other than a City Provided Data System is selected and must be covered in contract language. The City Attorney must be consulted regarding such language. Data stored on Mobile Computing Devices must be protected by current security standard methods (such as controlled access, firewalls, antivirus, fully updated and patched operating systems, etc.). City standard procedures (to be written) for the protection and safeguarding of Confidential Data and Operation Critical Data must be applied equally and without exception to City Provided Data Systems, Mobile Computing Devices and systems other than City Provided Data Systems, such as Public Cloud solution. 6. Systems and network Data Systems and network Data, generated through systems or network administration, logs or other system recording activities, cannot be used, or captured, gathered, analyzed or disseminated, without the advance permission of the Chief Information Officer. 7. Value of Data In all cases where Data are to be processed through a Public Cloud, the following assessment must be d one: The value of the Data must be determined in some tangible way. Signature approval from the Data Steward’s division vice president or ap propriate party with the ability to authorize activity at the level of the value of the Data must be obtained. 8. Sanctions Failure to follow the guidelines contained in this document will be considered inappropriate use of a City information technology resource and therefore a violation of the City policy(to be written). 9. Data Security Breach Review Panel A Data Security Breach Review Panel (Panel) comprised of the following members will be established: o Chief Information Officer Appendix B: Information Security Policy Model Page 257 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 7 o Chief of Police o City Attorney o Chief Privacy Officer 10. Data Loss Prevention Software Define granular access rights for removable devices and peripheral ports and establish policies for users, computers and groups, maintaining productivity while enforcing device security 11. Audits All City owned equipment is subject to audit for unauthorized storage of regulated data. Devices authorized to store regulated data are subject to audits as deemed necessary by the CIO. Reasonable prior notification of an audit will be provided. Audit results are handled confidentially by Information Security staff and are reported to the CIO in aggregate. 12. Mobile Devices City owned mobile equipment will be exclusively allowed on the City’s primary network and use two factor authentication. All personal devices must use “guest” access if provided. Appendix B: Information Security Policy Model Page 258 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix C: Public Disclosure and Review Process Note: The task force is attaching this excerpt from a slide presentation that describes the City of Oakland’s process for acquiring new surveillance technology. The diagram was not developed by the task force and does not correspond exactly to the process recommended by the task force for the City of Chula Vista; however, it provides a useful illustration of the general order of review intended by the task force for Chula Vista. Page 259 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda How does the Surveillance Ordinance work in practice? Notification •City entity notifies PAC Chair of its wish to acquire new surveillance technology. Report Submission •City entity submits a Surveillance Impact Report and proposed Surveillance Use Policy to the Privacy Advisory Commission for its review at a regularly noticed meeting. PAC Evaluation •PAC reviews documentation, works with City entity to revise Impact Report and Use Policy •Recommends that the City Council adopt, modify, or reject the proposed Surveillance Use Policy. Public Notice •City Council provides public notice that will include the Surveillance Impact Report, proposed Surveillance Use Policy, and Privacy Advisory Commission recommendation at least fifteen (15) days prior to the public hearing. Public Hearing •City Council determination: 1) benefits to the community outweighs the costs; 2) proposal will safeguard civil liberties and civil rights; and 3) no alternative with a lesser economic cost or impact on civil rights or civil liberties would be as effective. Process for city to acquire or use a surveillance technology Appendix C: Public Disclosure and Review ProcessAppendix C: Public Disclosure and Review ProcessAppendix C: Public Disclosure and Review Process Page 260 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Appendix D: Sample Ordinances Note: The task force is attaching the following draft ordinances submitted by community members in recognition of the role they played in helping to shape the task force’s recommendations. The inclusion of these draft ordinances is not an endorsement by the task force, as the task force did not review these draft ordinances with the same level of diligence as the final task force recommendations. The draft ordinances are focused on surveillance, which the task force considers to be one part of the broader subject area of privacy and security. The task force encourages the City to continue seeking community feedback and also reviewing similar models, such as the recently adopted San Diego TRUST ordinance. Page 261 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Surveillance & Community Safety Ordinance (Revised - July 15, 2022) ORDINANCE ADDING CHAPTER XXXX TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING RULES FOR THE CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY WHEREAS, the City of Chula Vista (“City”) takes great public pride in its status as a Welcoming City and as a Smart City; and WHEREAS, smart public safety decisions and the protection of all community members require that municipalities ensure public debate and community involvement in decisions about whether to acquire or use surveillance technology; moreover, that real public safety requires that residents have a voice in these decisions; and WHEREAS, across the U.S. cities that have adhered to a “privacy bill of rights” approach are able to win public support in implementing the technology with proper safeguards in place to build trust. Alternatively, cities that implement new technology in secrecy, without oversight, without policy, and without broad and inclusive public input have found themselves facing scrutiny, lawsuits, and voter referendums to ban certain technologies. WHEREAS, the City Council finds it is essential to have an informed public debate as early as possible about decisions related to the City’s acquisition and use of surveillance technology; and WHEREAS, the City Council finds that, while the use of surveillance technology may threaten the privacy of all citizens, throughout history, surveillance efforts have been used to intimidate and oppress certain communities and groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation or political perspective; and WHEREAS, while acknowledging the significance of protecting the privacy of citizens, the City Council finds that surveillance technology may also be a valuable tool to bolster community safety and aid in the investigation and prosecution of crimes; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information (such as wiretaps) but also may include technology which aggregates publicly available information, because such information, in the aggregate or when pieced together with other information, has the potential to reveal a wealth of detail about a person’s familial, political, professional, religious, or sexual associations; and 1 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 262 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda WHEREAS, the City Council finds that no decisions relating to the City’s use of surveillance technology should occur without strong consideration being given to the impact such technologies may have on civil rights and civil liberties, including those rights guaranteed by the California and United States Constitutions; and WHEREAS, the City Council finds that any and all decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input and that public opinion should be given significant weight in policy decisions; and WHEREAS, the City Council finds that legally enforceable safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before any City surveillance technology is deployed; and WHEREAS, the City Council finds that if a surveillance technology is approved, data reporting measures must be adopted that empower the City Council and public to verify that mandated civil rights and civil liberties safeguards have been strictly adhered to. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Establishment A.This Ordinance shall be known as the Surveillance and Community Safety Ordinance. B.Chula Vista Municipal Code Chapter XXXX,is hereby added as set forth below: Chapter XXXX. REGULATIONS ON CITY’S ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY C.Definitions 1.“Annual Surveillance Report” means a written report concerning a specific surveillance technology that includes all the following: a.A description of how the surveillance technology was used, including the type and quantity of data gathered or analyzed by the technology; b.Whether and how often data acquired through the use of the surveillance technology was shared with internal or external entities, the name of any recipient entity, the type(s) of data disclosed, under what legal standard(s) the information was disclosed, and the justification for the disclosure(s) except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; c.Where applicable, a description of the physical objects to which the surveillance technology hardware was installed without revealing the specific location of such 2 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 263 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda hardware; for surveillance technology software, a breakdown of what data sources the surveillance technology was applied to; d.Where applicable, a description of where the surveillance technology was deployed geographically, by each Police Area in the relevant year; e.A summary of community complaints or concerns about the surveillance technology, and an analysis of its Surveillance Use Policy and whether it is adequate in protecting civil rights and civil liberties. The analysis shall consider whether, and to what extent, the use of the surveillance technology disproportionately impacts certain groups or individuals; f.The results of any internal audits or investigations relating to surveillance technology, any information about violations or potential violations of the Surveillance Use Policy, and any actions taken in response.To the extent that the public release of such information is prohibited by law, City staff shall provide a confidential report to the City Council regarding this information to the extent allowed by law; g.Information about any data breaches or other unauthorized access to the data collected by the surveillance technology, including information about the scope of the breach and the actions taken in response, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; h.A general description of all methodologies used to detect incidents of data breaches or unauthorized access, except that no confidential or sensitive information should be disclosed that would violate any applicable law or would undermine the legitimate security interests of the City; I.Information, including crime statistics, that helps the community assess whether the surveillance technology has been effective at achieving its identified purposes; i.Statistics and information about Public Records Act requests regarding the relevant subject surveillance technology, including response rates, such as the number of Public Records Act requests on such surveillance technology and the open and close date for each of these Public Records Act requests; j.Total annual costs for the surveillance technology,including personnel and other ongoing costs, and what source of funding will fund the surveillance technology in the coming year; and k.Any requested modifications to the Surveillance Use Policy and a detailed basis for the request. 3 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 264 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 2.“City” means any department, unit, program, and/or subordinate division of the City of Chula Vista as provided by Chapter XXXX of the Chula Vista Municipal Code. 3.“City staff” means City personnel authorized by the City Manager or appropriate City department head to seek City Council Approval of Surveillance Technology in conformance with this Chapter. 4.“Community meeting” means a publicly held meeting that is accessible, noticed at least seventy-two hours in advance in at least two languages, for the purpose of educating communities, answering questions, and learning about potential impacts of surveillance technology on disadvantaged groups. 5.“Continuing agreement” means a written agreement that automatically renews unless terminated by one or more parties. 6.“Exigent circumstances” means a City department’s good faith belief that an emergency involving imminent danger of death or serious physical injury to any individual requires the use of surveillance technology that has not received prior approval by City Council. 7.“Facial recognition technology” means an automated or semi-automated process that assists in identifying or verifying an individual based on an individual’s face. 8.“Individual” means a natural person. 9.“Personal communication device” means a mobile telephone, a personal digital assistant, a wireless capable tablet and a similar wireless two-way communications and/or portable internet-accessing device, whether procured or subsidized by a City entity or personally owned, that is used in the regular course of City business. 10.“Police area” refers to each of the geographic districts assigned to a Chula Vista Police Department captain or commander and as such districts are amended from time to time. 11.“Surveillance” (or “spying”) means to observe or analyze the movements, behavior, data, or actions of individuals. Individuals include those whose identity can be revealed by data or combinations of data, such as license plate data, images, IP addresses, user identifications, unique digital identifiers, or data traces left by the individual. 12.“Surveillance technology” means any software (e.g., scripts, code, Application Programming Interfaces), electronic device, or system utilizing an electronic device used, designed, or primarily intended to observe, collect, retain, analyze, process, or share audio, electronic, visual, location, thermal, olfactory, biometric, or similar information specifically associated with, or capable of being associated with, any individual or group. It also includes the product (e.g., audiovisual recording, data, analysis, report) of such surveillance technology. Examples of surveillance technology include, but are not limited to the following: cell site simulators (Stingrays); automated license plate readers; gunshot detectors (ShotSpotter); drone-mounted data collection; 4 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 265 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda facial recognition software; thermal imaging systems; body-worn cameras; social media analytics software; gait analysis software; video cameras that can record audio or video and transmit or be remotely accessed. It also includes software designed to monitor social media services or forecast and/or predict criminal activity or criminality, and biometric identification hardware or software. “Surveillance technology” does not include devices, software, or hardware, unless they have been equipped with, or are modified to become or include, a surveillance technology beyond what is set forth below or used beyond a purpose as set forth below: a.Routine office hardware, such as televisions,computers, credit card machines, badge readers, copy machines, and printers, that is in widespread use and will not be used for any public surveillance or law enforcement functions related to the public; b.Parking Ticket Devices (PTDs) used solely for parking enforcement-related purposes, including any sensors embedded in parking sensors to detect the presence of a car in the space; c.Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is limited to manually-capturing and manually-downloading video and/or audio recordings; d.Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; e.Manually-operated technological devices used primarily for internal municipal entity communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems; f.City databases that do not contain any data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology, including payroll, accounting, or other fiscal databases; g.Medical equipment used to diagnose, treat, or prevent disease or injury, provided that any information obtained from this equipment is used solely for medical purposes; h.Police department interview room cameras; i.City department case management systems; j.Personal Communication Devices that have not been modified beyond stock manufacturer capabilities in a manner described above; 5 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 266 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda k.Surveillance technology used by the City solely to monitor and conduct internal investigations involving City employees, contractors, and volunteers; and, l.Systems, software, databases, and data sources used for revenue collection on behalf of the City by the City Treasurer, provided that no information from these sources is shared by the City Treasurer with any other City department or third-party except as part of efforts to collect revenue that is owed to the City. 14. “Surveillance Impact Report” means a publicly-posted written report including, at a minimum, the following: a.Description: Information describing the surveillance technology and how it works, including product descriptions from manufacturers; b.Purpose: Information on the proposed purposes(s) for the surveillance technology; c.Location: The physical or virtual location(s)it may be deployed, using general descriptive terms, and crime statistics for any location(s); d.Impact: An assessment of the Surveillance Use Policy for the particular technology and whether it is adequate in protecting civil rights and liberties and whether the surveillance technology was used or deployed, intentionally or inadvertently, in a manner that may disproportionately affect marginalized communities; e.Mitigations: Identify specific, affirmative technical and procedural measures that will be implemented to safeguard the public from each identified impact; f.Data Types and Sources: A list of all types and sources of data to be collected, analyzed, or processed by the surveillance technology, including open source data, scores, reports, logic or algorithm used, and any additional information derived therefrom; g.Data Security: Information about the controls that will be designed and implemented to ensure that adequate security objectives are achieved to safeguard the data collected or generated by the surveillance technology from unauthorized access or disclosure; h.Fiscal Costs and Sources: The forecasted, prior, and ongoing fiscal costs for the surveillance technology, including initial purchase, personnel, and other ongoing costs, and any past, current or potential sources of funding; 6 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 267 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda i.Third-Party Dependence: Whether use or maintenance of the surveillance technology will require data gathered by the surveillance technology to be handled or stored by a third-party vendor at any time; j.Alternatives: A summary of all alternative methods (whether involving the use of a new technology or not) considered before deciding to use the proposed surveillance technology, including the costs and benefits associated with each alternative and an explanation of the reasons why each alternative is inadequate; k.Track Record: A summary of the experience (if any) other entities, especially government entities, have had with the proposed technology, including, if available, quantitative information about the effectiveness of the proposed surveillance technology in achieving its stated purpose in other jurisdictions, and any known adverse information about the surveillance technology such as unanticipated costs, failures, or civil rights and civil liberties abuses, existing publicly reported controversies, and any court rulings in favor or in opposition to the surveillance; and l.Public engagement and comments: A description of any community engagement held and any future community engagement plans, number of attendees, a compilation of all comments received and City departmental responses given, and City departmental conclusions about potential neighborhood impacts and how such impacts may differ as it pertains to different segments of the community that may result from the acquisition of surveillance technology. 15. "Surveillance Use Policy" means a publicly-released and legally-enforceable policy for use of the surveillance technology that at a minimum specifies the following: a.Purpose: The specific purpose(s) that the surveillance technology is intended to advance; b.Use: The specific uses that are authorized, and the rules and processes required prior to such use; c.Data Collection: The information that can be collected, captured, recorded, intercepted, or retained by the surveillance technology, as well as data that might be inadvertently collected during the authorized uses of the surveillance technology and what measures will be taken to minimize and delete such data. Where applicable, any data sources the surveillance technology will rely upon, including open source data, should be listed; 7 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 268 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda d.Data Access: The job classification of individuals who can access or use the collected information, and the rules and processes required prior to access or use of the information; e.Data Protection: The safeguards that protect information from unauthorized access, including logging, encryption, and access control mechanisms; f.Data Retention: The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason such retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period lapses, and the specific conditions that must be met to retain information beyond that period; g.Public Access: A description of how collected information can be accessed or used by members of the public, including criminal defendants; h.Third Party Data Sharing: If and how information obtained from the surveillance technology can be used or accessed, including any required justification or legal standard necessary to do so and any obligations imposed on the recipient of the information; i.Training: The training required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology; j.Auditing and Oversight: The procedures used to ensure that the Surveillance Use Policy is followed, including internal personnel assigned to ensure compliance with the policy, internal recordkeeping of the use of the surveillance technology or access to information collected by the surveillance technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the legally enforceable sanctions for violations of the policy; and k.Maintenance: The procedures used to ensure that the security and integrity of the surveillance technology and collected information will be maintained. Section II. Privacy Advisory Commission (“Commission”) Notification and Review Requirements A.Commission Notification Required Prior to City Solicitation of Funds and Proposals for Surveillance Technology. 1. City staff shall notify the Chair of the Commission by written memorandum along with providing a Surveillance Use Policy and a Surveillance Impact Report prior to: 8 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 269 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda a.Seeking or soliciting funds for surveillance technology, including but not limited to applying for a grant; b.Soliciting proposals with any entity to acquire, share or otherwise use surveillance technology including the information it provides; or c. Formally or informally facilitating in a meaningful way or implementing surveillance technology in collaboration with other entities, including City ones. 2. Upon notification by City staff, the Chair of the Commission shall place the item on the agenda at the next Commission meeting for discussion and possible action. At this meeting, City staff shall present the Commission with evidence of the need for the funds or equipment, or shall otherwise justify the action City staff will seek Council approval for pursuant to Section III. 3. The Commission may make a recommendation to the City Council by voting for approval to proceed, by objecting to the proposal, by recommending that the City staff modify the proposal, or by taking no action. 4. If the Commission votes to approve, object, or modify the proposal, City staff may proceed and seek City Council approval of the proposed surveillance technology initiative pursuant to the requirements of Section III. City staff shall present to City Council the result of the Commission’s review, including any objections to the proposal. 5. If the Commission does not make its recommendation on the item within 90 calendar days of notification to the Commission Chair, City staff may proceed and seek City Council approval of the proposed Surveillance Technology initiative pursuant to the requirements of Section II. B.Commission Review and Approval Required for New Surveillance Technology Before City Council Approval 1. Prior to seeking City Council approval under Section III, City staff shall submit a Surveillance Impact Report and a Surveillance Use Policy for the proposed new surveillance technology initiative to the Commission for its review at a publicly noticed meeting. The Surveillance Impact Report and Surveillance Use Policy must address the specific subject matter specified for each document as set forth in Section I. 2. The Commission shall approve, modify, or reject the proposed Surveillance Use Policy. If the Commission proposes that the Surveillance Use Policy be modified, the Commission shall propose such modifications to City staff. City staff shall present such modifications to the Commission for approval before seeking City Council approval under Section III. 3. Prior to submitting the Surveillance Impact Report, City staff shall complete one or more community meetings in each City Council district where the proposed surveillance 9 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 270 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda technology is deployed, with opportunity for public comment and written response. The City Council may condition its approval of the proposed surveillance technology on City staff conducting additional community engagement before approval, or after approval as a condition of approval. 4. The Commission shall recommend that the City Council adopt, modify, or reject the proposed Surveillance Use Policy. If the Commission proposes that the Surveillance Use Policy be modified, the Commission shall propose such modifications to City staff. City staff shall present such modifications to City Council when seeking City Council approval under Section III. 5. If the Commission does not make its recommendation on a presented item within 90 days of notification to the Commission Chair pursuant to Section II, City staff may seek City Council approval of the item. 6. City staff seeking City Council approval shall schedule for City Council consideration and approval of the proposed Surveillance Use Policy, and include Commission recommendations, at least fifteen (15) days prior to a mandatory, properly noticed, germane public hearing. Approval may only occur at a public hearing. C.Commission Review Requirements for Existing Surveillance Technology Before Seeking City Council Approval 1. Prior to seeking City Council approval for existing City surveillance technology used by the City under Section III, City staff shall submit a Surveillance Impact Report and Surveillance Use Policy for each existing surveillance technology to the Commission for its review, and for the public’s review, at least fifteen (15) days prior to a publicly noticed meeting, so the public can prepare for and participate in the Commission meetings. The Surveillance Impact Report and Surveillance Use Policy shall address the specific subject matters set forth for each document in Section I. 2. Prior to submitting the Surveillance Impact Report, City staff shall complete one or more community meetings in each City Council district where the proposed surveillance technology is deployed with opportunity for public comment and written response. The City Council may condition its approval on City staff conducting additional outreach before approval, or after approval as a condition of approval. 3. Prior to submitting the Surveillance Impact Report and proposed Surveillance Use Policy as described above, City staff shall present to the Commission, and for public review, a list of all surveillance technology possessed and/or used by the City. 4. The Commission shall rank the surveillance technology items in order of potential impact to civil liberties to provide a recommended sequence for items to be heard at Commission meetings. The Commission shall take into consideration input from City 10 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 271 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda staff on the operational importance of the surveillance technology in determining the ranking to allow such matters to be heard in a timely manner. 5. Within sixty (60) days of the Commission’s action in Section II(C)(4), and continuing every month thereafter until a Surveillance Impact Report and a Surveillance Use Policy have been submitted for each item of the list, City staff shall submit at least one (1) Surveillance Impact Report and one (1) proposed Surveillance Use Policy per month to the Commission for review, generally beginning with the highest ranking surveillance technology items as determined by the Commission. 6. If the Commission does not make its recommendation on any item within 90 days of submission to the Commission Chair, City staff may proceed to the City Council for approval of the item pursuant to Section III. Section III. City Council Approval Requirements for New and Existing Surveillance Technology A. City staff shall obtain City Council approval prior to any of the following: 1. Accepting local, state, or federal funds, or in-kind or other donations for surveillance technology; x2. Acquiring new surveillance technology, including but not limited to procuring such technology without the exchange of monies or consideration; 3. Using existing surveillance technology, or using new surveillance technology, including the information the surveillance technology provides, for a purpose, in a manner, or in a location not previously approved by the City Council pursuant to the requirements of this ordinance; or 4. Entering into a continuing agreement or written agreement with to acquire, share or otherwise use surveillance technology or the information it provides, including data-sharing agreements. 5. Notwithstanding any other provision of this section, nothing herein shall be construed to prevent, restrict or interfere with any person providing evidence or information derived from surveillance technology to a law enforcement agency for the purposes of conducting a criminal investigation or the law enforcement agency from receiving such evidence or information. B.City Council Approval Process 1. After the Commission notification and review requirements in Section II have been met, City staff seeking City Council approval shall schedule a date for City Council consideration of the proposed Surveillance Impact Report and proposed Surveillance 11 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 272 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Use Policy, and include Commission recommendations, at least fifteen (15) days prior to a mandatory, properly-noticed, germane public hearing. Approval may only occur at a public hearing. 2. The City Council shall only approve any action as provided in this Chapter after first considering the recommendation of the Commission, and subsequently making a determination that the benefits to the community of the surveillance technology outweigh the costs; that the proposal will safeguard civil liberties and civil rights; and that, in the City Council’s judgment, no alternative with a lesser economic cost or impact on civil rights or civil liberties would be as effective. 3. For Approval of existing surveillance technology for which the Commission does not make its recommendation within ninety (90) days of review as provided for in Section II: if the City Council has not reviewed and approved such item within four (4) City Council meetings from when the item was initially scheduled for City Council consideration, the City shall cease its use of the surveillance technology until such review and approval occurs. C.Surveillance Impact Reports and Surveillance Use Policies as Public Records 1.Unless otherwise provided in this Ordinance, Surveillance Impact Reports and Surveillance Use Policies are public records. 2.City staff shall make all Surveillance Impact Reports and Surveillance Use Policies, as updated from time to time, available to the public as long as the City uses the surveillance technology in accordance with its request pursuant to Section II. 3.City staff shall post all Surveillance Impact Reports and Surveillance Use Policies to the City’s website with an indication of its current approval status and the planned City Council date for action. Section IV.Use of Unapproved Surveillance Technology during Exigent Circumstances A. City staff may temporarily acquire or use surveillance technology and the data derived from that use in a manner not expressly allowed by a Surveillance Use Policy only in a situation involving exigent circumstances. B. If City staff acquires or uses a surveillance technology in a situation involving exigent circumstances, City staff shall: 1.Immediately report in writing the use of the surveillance technology and its justifications to the City Council and the Commission; 2.Use the surveillance technology solely to respond to the exigent circumstances; 3.Cease using the surveillance technology when the exigent circumstances end; 12 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 273 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 4.Only keep and maintain data related to the exigent circumstances and dispose of any data that is not relevant to an ongoing investigation or the exigent circumstances; and 5.Following the end of the exigent circumstances, report the temporary acquisition or use of the surveillance technology for exigent circumstances to the Commission in accordance with Section II of this ordinance at its next meeting for discussion and possible recommendation to the City Council. C. Any surveillance technology acquired in accordance with exigent circumstances shall be returned within thirty (30) calendar days following when the exigent circumstances end, unless City staff initiates the process set forth for the use of the surveillance technology by submitting a Surveillance Use Policy and Surveillance Impact Report for Commission review within this 30-day time period. If City staff is unable to meet the 30-day deadline, City staff shall notify the City Council, who may grant an extension. In the event that City staff complies with the 30-day deadline or the deadline as may be extended by the City Council, City staff may retain possession of the surveillance technology, but may only use such surveillance technology consistent with the requirements of this Ordinance. Section V. Oversight Following City Council Approval A.Annual Surveillance Report 1. For each approved surveillance technology item, City staff shall present a written Annual Surveillance Report for the Commission to review within one year after the date of City Council final passage of such surveillance technology and annually thereafter as long as the surveillance technology is used. 2. If City staff is unable to meet the annual deadline, City staff shall notify the Commission in writing of staff’s request to extend this period, and the reasons for that request. The Commission may grant a single extension of up to sixty (60) calendar days to comply with this provision. 3. After review of the Annual Surveillance Report by the Commission, City staff shall submit the Report to the City Council. 4. The Commission shall recommend to the City Council: (a) that the benefits to the community of the surveillance technology in question outweigh the costs and that civil liberties and civil rights are safeguarded; (b) that use of the surveillance technology cease; or (c) propose modifications to the corresponding Surveillance Use Policy that will resolve any identified concerns. 5. If the Commission does not make its recommendation on the item within 90 calendar days of submission of the Annual Surveillance Report to the Commission Chair, City staff may proceed to the City Council for approval of the Annual Surveillance Report. B.Summary Of All Requests And Recommendations And City Council Determination 13 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 274 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 1. In addition to the above submission of any Annual Surveillance Report, City staff shall provide in its report to the City Council a summary of all requests for City Council approval pursuant to Section III for that particular surveillance technology and the pertinent Commission recommendation, including whether the City Council approved or rejected the proposal and/or required changes to a proposed Surveillance Use Policy before approval. 2. Based upon information provided in the Annual Surveillance Report and after considering the recommendation of the Commission, the City Council shall revisit its “cost benefit” analysis as provided in Section III(B)(2) and either uphold or set aside the previous determination. Should the City Council set aside its previous determination, the City’s use of the surveillance technology must cease. Alternatively, City Council may require modifications to a particular Surveillance Use Policy that will resolve any concerns with the use of a particular surveillance technology. Section VI. Enforcement A.Violations of this article are subject to the following remedies: 1. Any material violation of this Ordinance, or of a Surveillance Use Policy promulgated pursuant to this Ordinance, constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in the Superior Court of the State of California to enforce this Ordinance. An action instituted under this paragraph shall be brought against the City of Chula Vista and, if necessary, to effectuate compliance with this Ordinance or a Surveillance Use Policy (including to expunge information unlawfully collected, retained, or shared thereunder), any other governmental agency with possession, custody, or control of data subject to this Ordinance, to the extent permitted by law. 2. Any person who has been subjected to the use of surveillance technology in material violation of this Ordinance, or of a material violation of a Surveillance Use Policy, or about whom information has been obtained, retained, accessed, shared, or used in violation of this Ordinance or of a Surveillance Use Policy promulgated under this Ordinance, may institute proceedings in the Superior Court of the State of California against the City of Chula Vista and shall be entitled to recover actual damages (but not less than liquidated damages of $1,000 or $100 per day for each day of violation, whichever is greater). 3. A court may award costs and reasonable attorneys' fees to the plaintiff who is the prevailing party in an action brought under paragraphs A(1) and A(2) under Section VI above. 14 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 275 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section VII. Contract for Surveillance Technology A.Contracts and agreements for surveillance technology 1.It shall be unlawful for the City to enter into any contract or other agreement for surveillance technology that conflicts with the provisions of this Ordinance. Any conflicting provisions in any such contract or agreements, including but not limited to non-disclosure agreements, shall be deemed void and legally unenforceable. Any amendment or exercise of any option to any contract to obtain or use surveillance technology shall require City staff to comply with the provisions of this Ordinance. 2.To the extent permitted by law, the City shall publicly disclose all of its surveillance contracts, including any and all related non-disclosure agreements, if any, regardless of any contract terms to the contrary. Section VIII. Whistleblower Protections A. Neither the City nor anyone acting on behalf of the City may take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment, including but not limited to discriminating with respect to compensation, terms and conditions of employment, access to information, restrictions on due process rights, or civil or criminal liability, because: 1.The employee or applicant was perceived to, about to, or assisted in any lawful disclosure of information concerning the funding, acquisition, or use of a surveillance technology or surveillance data based upon a good faith belief that the disclosure evidenced a violation of this Ordinance; or 2.The employee or applicant was perceived to, about to, had assisted in or had participated in any proceeding or action to carry out the purposes of this Ordinance. B. It shall be grounds for disciplinary action for a City employee or anyone else acting on behalf of the City to retaliate against another City employee or applicant who makes a good-faith complaint that there has been a failure to comply with any Surveillance Use Policy or administrative instruction promulgated under this Ordinance. C. Any employee or applicant who is injured by a violation of this Section may institute a proceeding for monetary damages and injunctive relief against the City in any court of competent jurisdiction. 15 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 276 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section IX. Review of Existing Surveillance Use Policies and Adoption as Ordinances A. Surveillance technology is considered existing if the City possessed, used, or has a contract in force and effect for the use of surveillance technology, or any resulting data, on the effective date of this Ordinance. B. The requirement for City staff to present a list of all existing surveillance technology and, once ranked, to seek monthly Commission review and approval for the use of existing surveillance technology shall begin within sixty (60) days after the effective date of this Ordinance. C. As per Section II, City staff shall return to City Council with an ordinance or ordinances for adoption and codification under the Chula Vista Municipal Code of all Surveillance Use Policies, but only after proper Commission and City Council review of any Surveillance Use Policies for existing surveillance technology, and with a 15-day public notice period in each instance to allow the public to prepare and participate in the meetings. Section X. 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 XI. 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 XII. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. 16 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 277 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Section XIII. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by ____________________________________________________________________ Maria Kachadoorian Glen R Googins City Manager City Attorney 17 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 278 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Privacy Advisory Commission Ordinance (Revised - July 15, 2022) ORDINANCE NO. _________________ ORDINANCE OF THE CITY OF CHULA VISTA ESTABLISHING THE CHULA VISTA PRIVACY ADVISORY COMMISSION PROVIDING FOR THE APPOINTMENT OF MEMBERS THEREOF, AND DEFINING THE DUTIES AND FUNCTIONS OF SAID COMMISSION WHEREAS, the Chula Vista City Council (City Council) finds that the use of surveillance technology is important to protect public health and safety, but such use must be appropriately monitored and regulated to protect the privacy and other rights of Chula Vista residents and visitors, and WHEREAS the City of Chula Vista (the City) has been building on a detailed Smart City Strategic Action Plan since 2017 with limited opportunity for community input, oversight or control; and WHEREAS Chula Vista seeks to maintain its designation by Welcoming America as a certified Welcoming City, City Council strives to comply with the criteria in the Welcoming Standard, in particular, relevant criteria relating to “Safe Communities”, “Equitable Access”, and “Civic Engagement”; and WHEREAS, the City Council recognizes the use of open data associated with surveillance technology offers benefits to the City, but those benefits must also be weighed against the costs, both fiscal and civil liberties; and WHEREAS, the City Council recognizes that surveillance technology may be a valuable tool to support community safety, investigations, and prosecution of crimes, but must be balanced with the individual’s right to privacy, it also; and WHEREAS, the City Council recognizes that privacy is not just a personal matter; there are societal consequences to privacy degradation over time as well as societal benefits with increased trust and transparency; and WHEREAS, the City Council finds that surveillance technology includes not just technology capable of accessing non-public places or information, but also may include technology that aggregates publicly-available information, which, in the aggregate or when 1 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 279 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda pieced together with other information, has the potential to reveal details about a person’s familial, political, professional, religious, or intimate associations; and WHEREAS, the City Council recognizes that government surveillance may chill associational and expressive freedoms; and WHEREAS, the City Council recognizes that data from surveillance technology can be used to intimidate and oppress certain groups more than others, including those that are defined by a common race, ethnicity, religion, national origin, income level, sexual orientation, or political perspective; and WHEREAS, the City Council finds that safeguards, including robust transparency, oversight, and accountability measures, must be in place to protect civil rights and civil liberties before City surveillance technology is deployed; and WHEREAS, the City Council finds that decisions regarding if and how the City’s surveillance technologies should be funded, acquired, or used should include meaningful public input; and WHEREAS, on January 18, 2022, City Council unanimously approved creation of a “Technology and Privacy Advisory Task Force” to draft policy and recommendations to be presented to the City Council for consideration, and further requested that the City Administration prepare a “Citywide Technology Oversight Policy”; and WHEREAS, the said Technology and Privacy Advisory Task Force recommends creation of a new permanent citizen advisory board known as the “Privacy Advisory Commision” to advise the Mayor and City Council on transparency, accountability, and public deliberation in the City’s acquisition and usage of surveillance technology and data; and WHEREAS, Article VI, Section 600 of the City Charter reserves to the City Council the authority to create boards and commissions by ordinance, and to prescribe their function, powers, duties, membership, appointment, terms, qualifications, eligibility, reimbursements for expenses, if any; NOW THEREFORE the City Council of the City of Chula Vista does hereby ordain as follows: Section I. Establishment A.Establishment and Appropriations Pursuant to Article VI of the Charter of the City of Chula Vista, there is hereby created a Chula Vista Privacy Advisory Commission (hereinafter referred to as the “Privacy Commission” or “Commission”). Appropriations of funds sufficient for the efficient and proper functioning of the Privacy Commission shall be included in the annual budget by the City Council. 2 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 280 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda B.Purpose and Intent It is the purpose and intent of the City Council to establish a Privacy Commission to serve as an advisory body to the Mayor and City Council on policies and issues related to privacy and surveillance. The Commission will provide advice intended to ensure transparency, accountability, and public deliberation in the City’s acquisition and use of surveillance technology. C.Definitions For purposes of this ordinance, all words defined in the CVMC Chapter XXXX, known as the Chula Vista Surveillance and Community Safety Ordinance, have the same meaning herein. D.Membership The Privacy Advisory Commission shall consist of nine (9) members, who shall serve without compensation. At least six (6) members shall be Chula Vista residents. Members shall be appointed by the City Council. E.Qualifications of Members All members of the Privacy Advisory Commission shall be persons who have a demonstrated interest in privacy rights through work experience, civic participation, and/or political advocacy. The City Council shall appoint the nine (9) members from the following representative areas of organization interest, expertise, and background: 1.At least one attorney or legal scholar with expertise in privacy or civil rights, or a representative of an organization with expertise in privacy or civil rights; 2.One auditor or certified public accountant; 3.One computer hardware, software, or encryption security professional; 4.One member of an organization that focuses on open government and transparency or an individual, such as a university researcher, with experience working on open government and transparency; and 5.At least four (4) members from equity-focused organizations serving or protecting the rights of communities and groups historically subject to disproportionate surveillance, including communities of color, immigrant communities, religious minorities, and groups concerned with privacy and protest. Member qualifications and eligibility shall be in accordance with Chula Vista Charter Article VI, Section 602, and CVCM Section 2.25.030. No member shall have a state law-prohibited financial interest, employment, or policy-making position in any commercial or for-profit facility, research center, or other organization that sells data products, surveillance equipment, or otherwise profits from recommendations made by the Privacy Advisory Commission. F.Terms 3 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 281 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Pursuant to Article VI, Section 602 of the City Charter, members shall be appointed by motion of the City Council adopted by at least three affirmative votes. The members thereof shall serve for a term of four (4) years and until their respective successors are appointed and confirmed. Members shall be limited to a maximum of two (2) consecutive terms and an interval of two (2) years must pass before a person who has served two (2) consecutive terms may be reappointed to the body upon which the member had served. Initial members shall be appointed in staggered terms by lot. For the initial appointments, three (3) members shall be appointed to an initial term that will expire on June 30, 2023, and two (2) members shall be appointed to an initial term that will expire on June 30 of each subsequent year. Initial appointments to a term of two years or less shall not have the initial term count for purposes of the eight-year term limit. G.Rules The Commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as such commissions may require. All proceedings shall be open to the public. At the first regular meeting, and subsequently at the first regular meeting of each year following the first day of July of every year, members of the Privacy Advisory Commission shall select a chairperson and a vice chairperson. The Commission shall adopt rules for the government of its business and procedures in compliance with the law. The Commission rules shall provide that a quorum of the Privacy Advisory Commission is five people. Pursuant to Article VI, Section 603 of the City Charter, the Commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it. Section II. Privacy Advisory Commission: Duties and Functions A.Duties and Functions The Privacy Advisory Commission shall: 1.Provide advice and technical assistance to the City on best practices to protect resident and visitor privacy rights in connection with the City’s acquisition and use of surveillance technology. 2.Conduct meetings and use other public forums to collect and receive public input on the above subject matter. 3.Review Surveillance Impact Reports and Surveillance Use Policies for all existing and new surveillance technology and make recommendations prior to the City seeking solicitation of funds and proposals for surveillance technology. 4.Submit annual reports and recommendations to the City Council regarding: 4 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 282 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda a.The City’s use of surveillance technology; and b.Whether new City surveillance technology privacy and data retention policies should be developed, or existing policies should be amended. c.Provide analysis to the City Council of pending federal, state, and local legislation relevant to the City’s purchase and/or use of surveillance technology. d.The Privacy Advisory Commission shall make reports, findings, and recommendations either to the City Manager or the City Council, as appropriate. The Commission shall present an annual written report to the City Council. The Commission may submit recommendations to the City Council following submission to the City Manager. B.Meetings and Voting The Commission shall meet at an established regular interval, day of the week, time, and location suitable for its purpose. Such meetings shall be designated regular meetings. Other meetings scheduled for a time or place other than the regular day, time and location shall be designated special meetings. Written notice of special meetings shall be provided to the Commission members, and all meetings of the Commission shall comport with any City or State open meetings laws, policies, or obligations. The Commission shall, in consultation with the City Manager, establish bylaws, rules and procedures for the conduct of its business by a majority vote of the members present. Voting shall be required for the adoption of any motion or resolution. Any action by the Commission shall be approved by a majority of members present, provided a quorum exists. C.Staff Staff assistance may be provided to the Board as determined by the City Manager, pursuant to his or her authority under the Charter to administer all affairs of the City under his or her jurisdiction. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 5 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 283 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 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 by ________________________________________________________ Maria Kachadoorian Glen R. Googins City Manager City Attorney 6 Appendix D: Sample OrdinancesAppendix D: Sample Ordinances Page 284 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Written Communications Item 7.1 - Napolez Good afternoon, I hope your week is going well. Below is my e-comment for tonight's city council meeting. I was having difficulty submitting via the website. Line item 7.1 provides no clear information on what next steps will take place. As a former representative on last year's Tech & Privacy Board, the City has been given suggestions and researched data to add in providing guidance on this conversation. From reviewing the agenda, I do not see any practical next steps on what the City will do." Sincerely, Lucia Napolez pronouns: They/Them/She/Her Page 285 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Written Communications Item 7.1 - Knox From: Kim Knox < Sent: Tuesday, June 13, 2023 5:00 PM To: CityClerk <CityClerk@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jose Preciado jpreciado@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov>; Carolina Chavez cchavez@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov> Subject: Public Comment for tonight's City Council meeting, Agenda Item 7.1 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Council Members, The League of Women Voters' position on surveillance states that ”Cities and counties should enact privacy and technology-use ordinances to protect privacy and other civil liberties.” Later in that position it states that there should be “Evidence of crime-prevention effectiveness, civil rights impact, fiscal costs, and source of funding for surveillance technology…” and the “Establishment of independent civilian commissions at the local jurisdiction level which consist of representatives of involved communities of interest such as civil rights advocates, attorneys, marginalized groups, specialists in technology, privacy and open government, to oversee all law enforcement and government acquisition and use of technology for surveillance. The League of Women Voters is concerned regarding the lack of inclusion of impacted communities and their organizations. We are also concerned that there will be a lot of work to do at the beginning when they have to monitor any proposed materials along with the materials already purchased and being used. We recommend having monthly meetings at least until the commission can be able to judge how often they need to meet. Kim Knox (she/her) President, League of Women Voters of San Diego You don't often get email from kimk@lwvsandiego.org. Learn why this is important Page 286 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Page 287 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Presentation Outline O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Our Team FY2023 Annual Report & Accomplishments FY2024 Theme: Elev8 Chula Vista Overview of Eight Focus Projects Economic Development Strategic Focus Areas FY2024 Work Plan Page 288 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Our Team The Economic Development team pictured in May 2023. . Economic Development The Office of Sustainability The Office of Economic Development is organized into two divisions: Together these divisions make up an Economic Development team that strives to create quality employment, a clean and sustainable environment, shopping, dining and entertainment opportunities for our residents while championing smart city practices and increasing City revenues for vital public infrastructure and community services. This work translates into an elevated quality of life for Chula Vista residents and businesses to enjoy. Maintain and enhance a high quality of life for the City’s residents and businesses by developing and sustaining a healthy, strong and diverse economic base while promoting a smart and sustainable community for everyone.Our Mission: O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 People. Planet. Prosperity. Page 289 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Our Team Economic DevelopmentConservationEnvironmental ServicesEric CrockettDeputy City Manager Miranda EvansEconomic Development Manager Kevin PointerPrincipal EconomicDevelopment Specialist Monica RodriguezAdministrative Technician Coleen Wisniewski Environmental Sustainability Manager Cory Downs Conservation Specialist II Janelle Barazza Conservation Specialist I Lucas Escobedo Conservation Specialist I Dennis GakungaChief SustainabilityOfficer Manuel MedranoEnvironmental ServicesManager Victor SanchezSenior RecyclingSpecialist Joseph CoppolaRecycling Specialist II Dave DiDonatoRecycling Specialist II Alex Ruiz-Velasco Conservation Specialist II Mike HiceRecycling Specialist II Martie SolomonRecycling Specialist II Bob Coleman Conservation Specialist II Mayra Estrada Recycling Specialist I Gabriel Castillo Intern - Graduate Page 290 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Board Participation Accelerate to Zero Emissions Steering Committee - Coleen Wisniewski California Association of Recycling Markets Development Zones - Manuel Medrano California Product Stewardship Council - Manuel Medrano California Resource Recovery Association - Manuel Medrano and Joseph Coppola Cleantech San Diego Board – Dennis Gakunga Chula Vista Chamber of Commerce - Miranda Evans Downtown Chula Vista Association – Kevin Pointer Local Government Sustainable Energy Coalition – Cory Downs National Digital Inclusion Alliance Working Group - Dennis Gakunga San Diego Regional Climate Collaborative – Cory Downs San Diego Regional Economic Development Corporation – Miranda Evans San Diego Regional Smart Cities Collaborative – Dennis Gakunga SANDAG Digital Divide Taskforce – Dennis Gakunga South County Economic Development Council – Kevin Pointer Urban Land Institute University Development and Innovation Council - Eric Crockett Urban Sustainability Directors Network – Dennis Gakunga Page 291 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Office of Economic DevelopmentAnnual Report Page 292 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Economic Development staff work directly with businesses, trade and business organizations, stakeholders and internal City departments to facilitate new investment opportunities and create a business-friendly ecosystem within City Hall and the community to support a stable and thriving economy. To accomplish this, staff is involved in providing concierge services to businesses and leading efforts to move the City’s key projects and economic engines forward. These projects include The Chula Vista Bayfront, 707 F Street, Third Avenue, Millennia Office in the Eastern Urban Center, The University and Innovation District, the Otay River Business Park and other revenue and job generating uses. Economic Development staff play a critical role in supporting and furthering the Department’s strategic focus areas of expanding business support, improving collaboration and outreach, strengthening economic vitality, driving innovation and sustainability and advancing equity and inclusion. Division Overview Economic Development O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4Page 293 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 FY22/23 Work PlanReporting 73% of 40 a c t io n s we r e c omple ted (27) 2 2% of a c tio ns a re ongoing effo rts (8) 5% o f actions are i ncomp lete ei t her for lack of ti m e or the a c tio n s a r e n o lo n g er relev ant to be pursued (2) Eco nomic D e velo pment A dmi nistration Completed 73% Ongoing 21.6% Incomplete 5.4% Page 294 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 8,643 9,215 9,702 Economic Development FY2023 Key Accomplishments Small Business & Nonprofit Relief Fund 40+ Business Support Cases $2M in funding to 200 small businesses$750,000 in funding to 85 nonprofits Curb & Sidewalk Cafe Grant Program 8 curb cafes 4 sidewalk cafes $140,243 awarded to businesses for: $300,000+ in rental income generatedfor the General Fund fromuse of 707 F Street 2 Gold Awards from IEDC forEconomic Development Excellence 5 Pivotal Agreements Completed: 4Community BuildingRoundtables held with80+ attendees Millenia Lot 7 Purchase and Sale Agreement & Project Development Agreement Millenia Lot 1 Option and Purchase Agreement Term Sheet and ENA with HomeFed for UniverCity site ENA with Bayview Point LLC for 707 F Street site Two California State Library Grant Agreements for $30M in funding $30M In State fundingsecured for theMillenia Library Page 295 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Business Resources Business Concierge Services available to help business owners navigate City processes Help for new businesses ABCs of opening a business in Chula Vista Help for existing businesses Expansion Relocation Resources Connections to leverage ecosystem partner resources funding or other financial incentives marketing coaching business assistance The Economic Development website was redesigned in 2022 and iseasy to navigate with all information less than three-clicks away.The website is translatable into the user's choice of 13 languageswithin seconds. A comprehensive Business Resources Guide was completed in 2023. TheGuide lists the steps to open and operate a business in Chula Vista andincludes a listing of all resources and services provided by ecosystempartners. Page 296 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda We built THIS. 2M campaign impressions to support small businesses 5 national and international awards 8 small businesses provided with professional marketing assets O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Community Building & Small Business Recovery Campaign The We built THIS video playlist is available on the City's YouTube channel. Choose Chula small business support app was cohesively branded with We built THIS. App garnered over 3 million impressions, over 2,000 downloads and had 109 local businesses participate. 1,899 views on YouTube playlist Page 297 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda We built THIS. O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 FY2022/23 Economic Development Work Plan Theme In 2022, the City received its first ever Gold Award in Economic DevelopmentExcellence for the We built THIS Work Plan, the highest honor from theInternational Economic Development Council. Page 298 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda FY2023 Business Expansion & Retention O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Economic Development 9,056 Registered In-City Businesses 3,614 Brick & MortarCommercial Businesses (excludes home-based businesses, apartment complexes, mobile-homeparks, hotels/motels, and businesses located outside of Chula Vista suchas contractors)90% of businesses are small...but mighty (10 or fewer employees) MBE VBEWBE DBE 716 1,613 145 61 Women-Owned Businesses Enterprises Minority-Owned Businesses Enterprises Veteran-Owned Businesses Enterprises Disabled-Owned Businesses Enterprises * *Data is self reported through the business license application and renewal processand does not represent the entire universe of licensed business owners. Datarepresents ownership reported of brick and mortar businesses only. 3,297 Registered Home-Based Businesses FY2024 State of the Market Industrial Space Office Space Retail Space97.6% leased of 6.9M SF of inventory; 299k SF under construction 2.4% Vacancy Rate -0.6% from prior period (3%); 798k SF available 96.6% leased of 3.5M SF of inventory 94.8% leased of 10.6M SF of inventory; 3.2k SF under construction $1.41 market rent/SF +9.2% from prior period ($1.29) 5.2% Vacancy Rate $2.70 market rent/SF +0.8% from prior period (4.4%); 398k SF available +4.7% from prior period ($2.58) 3.4% Vacancy Rate -1% from prior period (4.4%); 179,000 SF available $2.89 market rent/SF +2.5% from prior period ($2.82) Community Indicators Source: June 2023 CoStar Analytics Source: City Business License Data Q4 2019 pre-COVID was 3.1%Q4 2019 pre-COVID was 5.9%Q4 2019 pre-COVID was 4.2% Data is a snapshot in time and does not include thenumber of licenses currently in renewal, inactive businesslicenses and any out of city business licenses. Page 299 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Business Licenses In-City Licenses 2018 2019 2020 2021 2022 10,000 7,500 5,000 2,500 0 8,643 8,969 9,215 9,329 9,702 Business licenses continue to rise year-over-year, a trend that remained consistent despite the challenges presented by the COVID-19 Pandemic. Data is for licensed businesses with In-City Licenses (home based and brick and mortar). Data represents a 12.25% increase for In-City Licenses from 2018 to 2022. Demonstrates the resiliency of our local Chula Vista small businesses. Source: Chula Vista Business License Data Page 300 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Employee Counts In-City Licenses 2018 2019 2020 2021 2022 50,000 40,000 30,000 20,000 10,000 0 37,212 39,052 40,139 43,551 48,046 While In-City businesses experienced a 12.25% increase from 2018 to 2022, employee counts at those businesses rose over 29% during the same period, a positive indicator for growth among existing small businesses. Source: Chula Vista Business License Data Page 301 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 3,796 FTEs 3,668 FTEs 2,648 FTEs 1,624 FTEs 1,307 FTEs 1,524 FTEs 1,264 FTEs 1,073 FTEs 707 FTEs 602 FTEs Chula Vista's Top 10 Employers Based on 2022 source data Sources: State Employment Development Department, City Finance Department, Sweetwater Union High School District, Chula Vista Elementary School District, Southwestern Community College Page 302 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Office of SustainabilityAnnual Report Page 303 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Division Overview Office of Sustainability O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 In a sustainable economy, people live and conduct business in ways that are good for the prosperity of businesses, the community and the environment. The Office of Sustainability is committed to providing a sustainable economy to enhance quality infrastructure, services and programs in a manner that balances the social, economic and environmental needs of current and future generations. This promotes people, the planet and future prosperity - a focus for staff. The Office of Sustainability strives to uphold these priorities through the work of the Conservation Division, the Environmental Services Division and through implementation of the Smart City Strategic Action Plan. The Office supports Economic Development's strategic focus areas of strengthening economic vitality, driving innovation and sustainability, improving collaboration and outreach and advancing equity and inclusion. The Conservation Division leads the City’s energy and water conservation efforts, alternative transportation and climate action planning; and actively collaborates with civic groups, business organizations, environmental and health advocates, academic institutions, internal City departments and other public agencies. The Environmental Services Division provides comprehensive materials management by: building partnerships and implementing best management practices; increasing public awareness through educational and informational programming; and pursuing cutting edge and emerging waste management technologies. The Environmental Services Division supports Economic Development's strategic focus areas of strengthening economic vitality, driving innovation and sustainability and advancing equity and inclusion. The Office of Sustainability is responsible for leading the implementation of Chula Vista’s Smart City Strategic Action Plan, including regional efforts, that aim to leverage innovative technology and data tools to better serve and engage Chula Vista residents, enhance sustainability, improve public safety, promote local economic development and maximize tax payer dollars through increased efficiency of operations, and optimization of resources. The goals of the Smart City Strategic Action Plan are for the City to become more connected, responsive, transparent and innovative. Page 304 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 FY22/23 Work PlanReporting 56% o f 18 acti ons were comp leted (10) 33% of a c tio ns a re ongoing effo rts (6 ) 11% of a c tio ns a re inco m plet e b ut being cont inue d thi s yea r (2 ) Of fice o f Su staina b il ity Completed 55.6% Ongoing 33.3% Incomplete 11.1% Page 305 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 9,215 Office of Sustainability FY2023 Key Accomplishments for Conservation 2,842 Solar PV systems installedthroughout Chula Vista adding 21Megawatts of renewable power 199 commercial, multi-family and industrialbuildings were benchmarked in year 1 ofimplementation Building Energy Saving Ordinance 398 Homes registered for the ClimateAction Challenge to-date 10 Sustainable Home Toolkitsin Library circulation 96% USD Climate Fellows worked to promotethe Climate Action Challenge Marketing and outreach resources were created for thesecond year of implementation of the Building Energy SavingOrdinance. The marketing effort included 6 videos, acompliance checklist, exemption form and one-on-oneappointments for benchmarking assistance. Enrollment participation rate with morethan 800 accounts opting up to 100%renewable energy 2 Page 306 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 8,643 Office of Sustainability FY2023 Key Accomplishments for Environmental Services 98% of all single-familyhomes now havefood wastecollection 836,277 pounds of hazardouswaste collected 78,571 tons of materialrecycled,composted anddiverted fromlandfill disposal 17 resident graduatesfrom first Zero WasteAcademy 12,000+ food waste kitchencaddies distributed 1,906% + increase in commercial andmulti-family propertiesenrolled in organic wasterecycling program (grew from 46 properties to 923!)74% of Short Term Actions inZero Waste PlanCompleted Page 307 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda South BayEarth Day 2023 Over 4,000 attendees enjoyed South Bay Earth Day 2023. 5 food trucks, 4 live bands and 50+ green vendors were at the event. The event was proudly powered by an electric generator. O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 40 "trash talkers" educated attendees on what should be thrown away versus what is recyclable. Only 30 pounds of trash was produced from the green event. Local artist Shirish Villasenor created artwork that raised awareness about sustainability, later displaying the art at City Hall and the Civic Center Library for the community to enjoy. 100's of shirts were tie dyed and over 30 items were fixed at the Fix-it Clinic. South Bay Earth Day 2023 was madepossible in part by a $45,000 Civic EventProgram Grant from the Port of San Diego. Page 308 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Chula VistaCommunity Shuttle The Chula Vista Community Shuttle Program was launched in 2022 and provides free all-electric shuttle service for seniors in Northwest Chula Vista. The program is funded via a combined $2M grant from the Clean Mobility Options Voucher Pilot Program (CMO) and Community Congregational Development Cooperation (CCDC). Rides in Chula Vista aresponsored by: 6,500+1,500 1.3all-electric ridessince launch all-electric ridesper month of GHG emissionssaved per month Metric Tons FY2023 Key Accomplishments O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4Page 309 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Smart Cities 60% of initiatives/actions in the City of Chula Vista Smart Cities Strategic Action Plan are complete or have started implementation. O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 50% of Initiatives/actions in the City of Chula Vista Digital Equity and Inclusion Plan are complete or have started implementation. The City of Chula Vista is leading the international smart city movement with state-of-the-art technology and data analytics tools that improve quality of life and contribute to economic growth. Launched the City of Chula Vista Technology & Privacy Advisory Task Force of Chula Vista residents and subject matter experts who developed policy recommendations on technology oversight and privacy for City Manager review 10 task force meetings 2 community workshops 12 department/division briefings and updates Adopted City of Chula Vista Privacy Protection and Technology Transparency Policy FY2023 Key Accomplishments Page 310 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Page 311 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda 8 Chula Vista is a city on the rise. Decades-long, hard-fought visions and dreams turned into plans which are now coming to fruition. Renderings are becoming reality. As the City rises, so must we. It is time to elevate to empower a new era and reach a new level of opportunities. These are the focus areas and projects that will elevate Chula Vista. Page 312 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Chula Vista Bayfront 707 F Street Climate Action Plan Update Third Avenue & Western Chula Vista Revitalization UniverCity Millenia Office Inclusive Economic Development &Justice, Equity, Diversity & Inclusion Smart & Sustainable City 1 2 3 4 5 6 7 8 Page 313 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Office of Economic DevelopmentWork Plan Page 314 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Strategic Focus Areas O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Economic Development's Guiding Principles 1 2 3 4 5 ExpandingBusinessSupport ImprovingCollaboration& Outreach StrengtheningEconomicVitality Driving Innovation & Sustainability AdvancingEquity & Inclusion Pages 55-58 Pages 59-61 Pages 62-66 Pages 67-72 Pages 73-75 Page 315 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Expanding Business Support O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #1 Provide exceptional concierge and customer service to all businesses by tracking all commercial, industrial and office projects to ensure on-time delivery of service. Provide services, programs and policies to help businesses continue to recover from the economic impacts of the COVID-19 Pandemic. Expanding Business Support: promote an environment for residents and businesses to prosper. Page 316 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Provide exceptional customer service to all businesses by supporting them throughout their permitting and development journey Create awareness of business concierge services within Development Services and Finance with information available at the front counter. Work with Development Services on the availability of the Expedite Permit process and identify necessary updates to the application form. Explore application of TDIF fees for change of use. Economic Development Q3 2023 Ongoing Q1 2024 Provide additional information to businesses to support their operational success and recovery Continue providing newsletters to businesses with resources (must have an email address on file with business license). Update the 2023 Business Resources Guide to a web- based design such as esri StoryMaps, to include additional resources from ecosystem partners and resources in multiple languages. Economic Development Ongoing Q1 2024 Coordinate with regional ecosystem partners to provide resources to small businesses Co-host a job fair that shares city services, San Diego Workforce Partnership resources, SBDC resources, Chula Vista Chamber of Commerce services and South County EDC services. Leverage CDFIs to deploy more capital to Chula Vista businesses. Economic Development Q4 2023 Ongoing O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #1: Expanding Business Support Page 317 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Coordinate with regional ecosystem partners to provide resources to small businesses (contd.) Explore support programs offering low-cost, flexible capital (e.g., loans, microloans and grants) to MWBE and LMI businesses. Promote the Inner City Capital Connections program, a free, 40-hour “mini-MBA” program designed to help small businesses build capacity for long-term sustainable growth. Businesses from across the country will participate in 13 cohorts with a virtual one completely in Spanish. Explore partnership opportunity to connect local businesses with the CSUSM Business Consulting Program for student consulting teams to provide solutions to small business needs (e.g., social media plans, website design and refresh, mobile app design, economic impact studies, HR hiring and onboarding plans). Explore partnership opportunity with the U.S. Commercial Service’s Building Bridges to Global Markets program to connect SMEs with global business opportunities. Economic Development Q3 2023 Q3 2023 Q3 2023 Q3 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #1: Expanding Business Support Page 318 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Explore new opportunities to provide City resources to support small business growth Explore the development of a small business accelerator in the new Millenia Library opening in 2025; analyze best practices nation-wide, create a structure and operations plan, identify target industry clusters and necessary resources. Submit an application for the inaugural launch of the Economic Recovery Corps Program with the International Economic Development Council. Economic Development Ongoing as Millenia Library is designed and built Q3 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #1: Expanding Business Support Page 319 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Improving Collaboration &Outreach O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #2 Create a culture of stewardship, innovation and regional action that can lead to community prosperity and future economic gains. Collaborate with regional economic development ecosystem partners. Improving Collaboration and Outreach: collaborate with regional and bi-national partners to strengthen the region and promote sustainable economic development. Page 320 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Provide support and foster relationships with larger employers in the community Hold CEO and industry meetings with larger employers (25+ employees). Economic Development Ongoing Strengthen economic development ecosystem relationships within the region Build and strengthen relationships with ecosystem partners: Chula Vista Chamber of Commerce, Asian Business Association, Hispanic Chamber of Commerce, Black Chamber of Commerce, Downtown Chula Vista Association, South County EDC, San Diego Regional EDC, Small Business Development Center, small business and community development funding institutions (e.g., My Neighborhood National Bank). Build collaborative capacity among ecosystem partners; convene quarterly working group meetings to educate/share on resources/services from ecosystem partners and to advance impactful initiatives and partnerships (e.g., create a coordinated business support system). Collaborate regionally in the update to the Comprehensive Economic Development Strategy (CEDS) to ensure Chula Vista’s representation. Economic Development Ongoing Convene in Q3 2023 with ongoing coordination Ongoing O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #2: Improving Collaboration & Outreach Page 321 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Seek opportunities to elevate the City’s Economic Development Profile Explore cost, requirements and process to become an Accredited Economic Development Organization by the International Economic Development Council. Economic Development Q3 2023 Continue to improve and lead collaboration and outreach to the community to advance Smart City initiatives Collaborate with essential departmental and regional partnerships: City of San Diego, City of Carlsbad, Port of San Diego, San Diego Airport Authority, SANDAG, San Diego Regional Climate Collaborative, Cleantech, the South Bay Energy Action Collaborative and others. Office of Sustainability Ongoing O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #2: Improving Collaboration & Outreach Page 322 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Strengthening EconomicVitality O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #3 Champion catalytic development projects such as the Chula Vista Bayfront, Millennia and the University and Innovation District as they drive job growth, expand workforce development, strengthen public revenues and improve the quality of life and vitality for residents and businesses. Strengthening Economic Vitality: foster the economic development efforts of existing assets and key development projects. Page 323 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Continue the City’s efforts on the University-Innovation District to create a bi-national, multi- institutional center for higher education in Chula Vista Complete UniverCity marketing campaign and go-to- market strategy for national and international university and industry audiences and launch listing with CBRE with a focus on aerospace, cleantech, cybersecurity, defense, engineering, life sciences, medical device, media and entertainment, software and telecommunications industries as identified within the listing agreement. Compete with local universities with impacted degree programs that support regional job priorities. Continue supporting the development of Millenia Office (150,000 sf building 1 on Lot 7 and up to 1.7M sf on Lot 1) to spur office development to connect industry to higher education institutions. Conclude negotiations with HomeFed on the Master Developer Agreement to develop the UniverCity site. Participate strategically in legislative advocacy and provide subject matter expertise to secure an exemption from the Surplus Land Act (AB 837). Economic Development Q3 2023 Ongoing Q2 2024 Q2 and Q3 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #3: Strengthening Economic Vitality Page 324 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Pursue Disposition and Development Agreement for City-owned property 707 F Street Complete a Disposition and Development Agreement with Bayview Point, LLC by December 2024. Lead project progress with MTS, Bayview Point and City team to ensure disposal of property occurs before March 2026. Economic Development Q2 2024 Ongoing Participate with the Downtown Chula Vista Association to ensure continued revitalization, success and investment in the City’s downtown core Assist with timely TI processing for new businesses. Support the addition of new events and activities, marketing and promotion. Work collaboratively with the PBID to declare Third Avenue as an Entertainment District to foster a thriving downtown with arts and culture by allowing live performances. Advocate for continued proactive code enforcement on Third Avenue to address issues such as nonconforming uses, illegal street vendor activity and health and safety issues. Work with the PBID to create a Third Avenue Guide to promote restaurants, breweries and retail attractions. Economic Development Ongoing Ongoing Q1 2024 Q3 2023 and ongoing Q3 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #3: Strengthening Economic Vitality Page 325 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Prioritize and monitor asset management to maximize city assets Negotiate the rental or lease of city-owned properties that enhance revenues to the General Fund for public services. Negotiate and assist in implementing Master Licensing Agreements for micro and macro cell sites throughout the city. Oversee the operations of the Chula Vista Elite Athlete Training Center, The Chula Vista Golf Course and The Living Coast Discovery Center and look for opportunities to reinvest in the operational success and longevity of these city assets. Economic Development Ongoing Ongoing Ongoing Explore opportunities to continue the TechHire Program for Chula Vista residents to access internships, full- time tech jobs and training opportunities Secure funds and partner with San Diego Workforce Partnership to continue the successful TechHire Program and provide access to Chula Vista residents for the program. Economic Development Q4 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #3: Strengthening Economic Vitality Page 326 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Assist in the implementation of the Chula Vista Bayfront Redevelopment and promotion of surrounding economic development uses Participation on implementation of new, supporting hotel developments on the Chula Vista Bayfront. Coordinate with Development Services and the applicant to provide a necessary economic development perspective on the Collins Aerospace/UTC SPA Plan. Provide opportunities to promote local businesses by creating a Chula Vista Restaurant Guide and Third Avenue Business Guide to share with the Gaylord (in lobby and on hotel room displays), at the convention center and identify other opportunities to connect the influx of tourists to local businesses within city limits. Coordinate with the Chula Vista Chamber of Commerce/Convention & Visitors Bureau to elevate their profile, reach, messaging and offerings in preparation for escalation in tourism. Economic Development Ongoing Q4 2023 Q1 2024 Q1 2024 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #3: Strengthening Economic Vitality Page 327 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Driving Innovation & Sustainability O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #4 Implement strategies to provide a sustainable environment that supports people, prosperity and the planet. Lead the international smart city movement with state-of-the-art technology and data analytics tools that improve quality of life and contribute to economic growth. Driving Innovation and Sustainability: provide high quality services and programs that balance social, economic and environmental needs of current and future generations. Page 328 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Update the 2017 Climate Action Plan Present Climate Action Plan Update at City Council Implement Climate Equity Index Office of Sustainability, Conservation Q3 2024 Ongoing Update City Operations Sustainability Plan and implement across all departments City Council approval Office of Sustainability, Conservation Q2 2024 Building Energy Saving Ordinance Implementation Double the number of reporting buildings in 2023 Update database with increased customer relations features Outline logistics for building performance requirements Office of Sustainability, Conservation Q4 2023 Q2 2024 Q4 2023 Plan for decarbonization in city operations and community-wide Investigate options for potential new construction electrification ordinance with internal stakeholders Create policy for new municipal buildings Integrate building and fleet strategies into City Operations Sustainability Plan update Office of Sustainability, Conservation Q3 2023 Q3 2023 Q4 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #4: Driving Innovation & Sustainability Page 329 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Increase and maximize use of renewable energy at city facilities Work with Finance on solar PPA for Elite Athlete Training Center. Assess the performance of existing municipal legacy solar PV systems and work with Finance on RFP for system repair and maintenence. Monitor newest solar PV/battery storage systems to verify performance. Continue to seek funding for a microgrid to power City Hall. Office of Sustainability, Conservation Q3 2023 Q1 2024 Ongoing Ongoing Support transition to electric vehicles (EVs) by increasing access to charging across the community Continue to pursue funding for publicly available EV chargers. Fund and facilitate the installation of EV chargers at 245 Landis Avenue (parking lot 2). Office of Sustainability, Conservation Ongoing Ongoing 70% Completion of initiatives identified in the adopted Smart Cities Strategic Action Plan Continue to implement the Smart Cities Strategic Action Plan. Explore and identify funding opportunities to advance initiatives identified within the Smart Cities Strategic Action Plan. Office of Sustainability, Smart Cities Ongoing Ongoing O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #4: Driving Innovation & Sustainability Page 330 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe 60% Completion of initiatives identified in the adopted Digital Equity & Inclusion Plan Continue to implement the adopted Digital Equity & Inclusion Plan Office of Sustainability, Smart Cities Ongoing Establish a Privacy and Technology Advisory (PTAC) Commission Adopt City Council Ordinance Office of Sustainability, Smart Cities & Department of Information Technology Services Q3 2023 Adopt a Citywide Technology Use Policy as part of implementation of the Privacy Protection and Technology Transparency Policy Implementation of the Privacy Protection and Technology Transparency Policy Office of Sustainability, Smart Cities & Department of Information Technology Services Q3 2023 Enhance the Chula Vista Community Shuttle Program to serve non-seniors (below 55 years) Work with the shuttle service provider and funder to expand access to electric shuttle rides for non- seniors Office of Sustainability, Smart Cities Q4 2023 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #4: Driving Innovation & Sustainability Page 331 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Develop a single-use plastics ban (plastics alternative) Develop a policy for City Council consideration. Develop an education marketing campaign for the plastics alternative for food service and retail establishments on the impending ban and product alternatives. Office of Sustainability, Environmental Services Q3 2023 Q3 2023 Organic Waste Program Compliance Finalize the deployment of the organic waste collection program in compliance with State of California regulations Build off the success of the inaugural Zero Waste Academy and host bi-annual academies to educate residents on the concepts and practices of zero waste. Office of Sustainability, Environmental Services Q4 2023 Q4 2023 and ongoing Deconstruction guidelines and incentive program Develop and promote deconstruction guidelines as an alternative to demolition. Office of Sustainability, Environmental Services Q1 2024 Assist with the update to Republic Service's Compliance and Operational Plan for the Chula Vista Franchise Support with updating plan review elements for the Compliance and Operational Plan in preparation for additional growth in the City and Republic's EV truck rollout in 2024-2025. Office of Sustainability, Environmental Services Q3 2024 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #4: Driving Innovation & Sustainability Page 332 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Waste diversion municipal code enforcement Create an enforcement mechanism for Municipal Code Section 8.25 (Recycling, Organic Waste, and Edible Food Recovery) in compliance with Senate Bill 1383. Office of Sustainability, Environmental Services Q1 2024 Create a rescued urban wood/reclamation hub Create City policies and a “playbook” to encourage the use of rescued urban timber by creating a closed loop system, driving economic development through job creation and education opportunities and implementing components of the CAP. Update the City’s Tree Replacement policy to include urban tree rescue. Office of Sustainability, Environmental Services Q1 2024 Q1 2024 Expand reach and impact of South Bay Earth Day while reducing waste footprint of event Host an event for more than 4,000 attendees with less than 10% of total waste generated as trash (90% remainder is compostable and recyclable). Office of Sustainability, Environmental Services Q2 2024 O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #4: Driving Innovation & Sustainability Page 333 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Advancing Equity & Inclusion O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #5 Implement policies that promote and support small, minority, women, disabled, Veteran- owned businesses to foster a more inclusive local economy. Champion equity and inclusion across City policies and programs. Continue to support an equitable community recovery from the impacts of the COVID-19 pandemic. Advancing Equity and Inclusion: rebuild the local economy prioritizing equity and inclusion. Page 334 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Champion the pursuit of city-wide policies and practices to advance equity and inclusion Lead and participate in the City’s JEDI Guidance Council to advance departmental and city-wide JEDI initiatives. Lead and support the completion of the Structural, Cultural and Community Impact Assessments performed by Tribesy Consulting. Lead a working group of internal departments including Finance and the City Attorney’s Office to develop an inclusive procurement policy for City Council consideration to prioritize doing business with WBEs, DBEs, MBEs and VBEs. Provide opportunities for tailored services and equitable access to capital and financial literacy for WBEs, DBEs, MBEs and VBEs based on city-obtained data in the business license process; work with Finance to ensure business license forms are updated to collect this optional information. Identify local engineering and trade contractors that the City needs and create a list of small, local contractors eligible to provide services and work with Finance and Engineering to develop a policy. Economic Development Ongoing Q3 2024 Q2 2024 Q3 2023 Ongoing O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #5: Advancing Equity & Inclusion Page 335 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Goal Supporting Actions Division Leadership Timeframe Champion the pursuit of city-wide policies and practices to advance equity and inclusion provide 50k new quality jobs in small businesses by 2030, 20k annual degree completions by 2023 and 75k new thriving households by 2030. Submit application to the National League of Cities Capstone Program to partner with Esri to utilize StoryMaps and data dashboard technology to create a narrative that is easy to navigate that explains the importance of the Climate Equity Index. Contribute towards and report progress on the City's efforts to meet San Diego Regional Economic Development Corporation’s Inclusive Growth Goals: Economic Development Q2 2023 Ongoing O F F I C E O F E C O N O M I C D E V E L O P M E N T W O R K P L A N | F Y 2 0 2 4 Strategic Focus Area #5: Advancing Equity & Inclusion Page 336 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda www.chulavistaca.gov/businesseswww.chulavistaca.gov/clean business@chulavistaca.gov Page 337 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda Questions? Thank you! Page 338 of 338 City of Chula Vista City Council June 13, 2023 Post Agenda