HomeMy WebLinkAbout2023/07/25 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, July 25, 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
July 25, 2023 Post Agenda Page 2 of 505
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 and Update on the Chula Vista Bayfront Master Plan by Port
Commissioner Ann Moore
12
4.2 Presentation by Conservation Specialist Robert Coleman on the City's Inaugural
Zero Waste Academy
37
4.3 Presentation of a Proclamation to the Odyssey of the Mind Competition State
Champions and World Finalists: 5th/6th Grade Gold Dragons, 8th Grade Green
Dragons, and 6th Grade Purple Dragons and Commending Discovery Charter
School Coaches
5.CONSENT CALENDAR (Items 5.1 through 5.10)
All items listed under the Consent Calendar are considered and acted upon by one
motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1 Approval of Meeting Minutes 46
RECOMMENDED ACTION:
Approve the minutes dated: September 20, 2022, March 2, 2023, May 4, 2023,
and July 11, 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.
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 3 of 505
5.4 Animal Regulations: Amending Animal Regulations Related to Stray Holding
Periods and Harboring Strays (Second Reading and Adoption)
63
Location: No specific geographic location
Department: Animal Care
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required. Notwithstanding the foregoing, the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the California Environmental Quality Act State
Guidelines.
RECOMMENDED ACTION:
Adopt an ordinance amending Chula Vista Municipal Code Sections 6.12.042 and
6.24.140 to reduce the minimum holding period for stray cats and dogs from four
business days to three days and to remove the prohibition against harboring a
lost or stray dog. (Second Reading and Adoption)
5.5 Privacy and Technology: Adopt an Ordinance to Add Chula Vista Municipal Code
Chapter 2.65, Establishing a Privacy Protection and Technology Advisory
Commission (Second Reading and Adoption)
81
Report Number: 23-0158
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:
Adopt an ordinance to establish a Privacy Protection and Technology Advisory
Commission under Chula Vista Municipal Code Chapter 2.65. (Second Reading
and Adoption)
5.6 Agreement: Approve an Agreement with Winbourne Consulting Inc. to Provide
Project Management Services for the Police Department's Records Management
System
109
Report Number: 23-0168
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines section 15060(c)(3) no environmental review is
required.
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 4 of 505
RECOMMENDED ACTION:
Adopt a resolution approving an agreement with Winbourne Consulting Inc. to
provide project management services for the Police Department’s Records
Management System.
5.7 Grant Award: Accept a Grant from Michelson Philanthropies Through the
California Animal Welfare Funders Collaborative to Provide Animal Care
Services, and Appropriate Funds
138
Report Number: 23-0171
Location: No specific geographic location
Department: Animal Services
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution accepting a grant award from Michelson Philanthropies
through the California Animal Welfare Funders Collaborative in the amount of
$10,000 to provide preventative surrender services at the Animal Care Facility
and appropriate funds for that purpose. (4/5 Vote Required)
5.8 Grant Award and Agreements: Accept a Grant and Approve an Agreement with
the California Board of State and Community Corrections, Approve Agreements
with SBCS Corporation and SANDAG for the Public Health and Safety Grant
Program, and Appropriate Funds
141
Report Number: 23-0178
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 5 of 505
RECOMMENDED ACTION:
Adopt resolutions:
A) Accepting $2,708,250 in grant funds from the California Board of State and
Community Corrections for the Proposition 64 Public Health and Safety Grant
Program and appropriating $622,877 to the Fiscal Year 2023/24 Police Grants
Section of the State Grants Fund; (4/5 Vote Required)
B) Approving Agreement Number BSCC 945-22 with the Board of State
Community Corrections for the Proposition 64 Public Health and Safety Grant
Program; and
C) Approving agreements with SBCS Corporation and SANDAG for the
Proposition 64 Public Health and Safety Grant Program.
5.9 Grant Award: Accept a Grant from the Department of California Highway Patrol
for the Cannabis Tax Fund Grant Program, and Appropriate Funds
227
Report Number: 23-0179
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution accepting $324,836 in grant funds from the Department of
California Highway Patrol for the Cannabis Tax Fund Grant Program and
appropriate said funds to the Fiscal Year 2023/24 Police Grants Section of the
State Grants Fund. (4/5 Vote Required)
5.10 Measure A: Amend the Measure A Public Safety Expenditure Plan to Reclassify
Two Police Agent Positions to Two Police Sergeant Positions and Restore
Language for Multi-Purpose Store Front and Public Safety Training Center
245
Report Number: 23-0180
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 6 of 505
RECOMMENDED ACTION:
Adopt a resolution approving the amended Measure A Public Safety Expenditure
Plan to reclassify two Police Agent positions to two Police Sergeant positions and
restore language for a Multi-Purpose Store Front and Public Safety Training
Center.
6.PUBLIC COMMENTS 287
The public may address the Council on any matter within the jurisdiction of the Council
but not on the agenda.
7.PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law.
7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens
Upon the Respective Parcels of Land and Place Delinquent Charges on the Next
Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector
332
Report Number: 23-0175
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:
Conduct the public hearing and adopt a resolution assessing certain delinquent
sewer service charges as recorded liens upon the respective parcels of land and
placement of delinquent charges on the next regular tax bill for collection by the
County Treasurer-Tax Collector.
7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as
Recorded Liens Upon the Respective Parcels of Land and Place Delinquent
Charges on the Next Regular Property Tax Bill for Collection by the County
Treasurer-Tax Collector
337
Report Number: 23-0176
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:
Conduct the public hearing and adopt a resolution assessing certain delinquent
solid waste service charges as recorded liens upon the respective parcels of land
and placement of delinquent charges on the next regular tax bill for collection by
the County Treasurer-Tax Collector.
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 7 of 505
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
8.1 Property Acquisition: Authorizing the Purchase and Rehabilitation of the Palomar
Motel for Conversion into Permanent Supportive Housing
342
Report Number: 23-0188
Location: 1160 Walnut Avenue
Department: Housing and Homeless Services
Environmental Notice: The Project is categorically exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities),
Section 15326 (Acquisition of Housing for Housing Assistance Programs), and
Section 15061(b)(3) (Common Sense Exemption).
RECOMMENDED ACTION:
Adopt resolutions:
A) Authorizing the City Manager, or designee, to negotiate terms and conditions,
dedicate remaining Emergency Rental Assistance 2 funds, and execute all
documents necessary to purchase the Palomar Motel for conversion (acquisition
and rehabilitation) into permanent supportive housing; and
B) Authorizing application to, and participation in, the State of California Homekey
Program.
8.2 American Rescue Spending Plan: Amend the American Rescue Plan Act (ARPA)
Spending Plan
367
Report Number: 23-0173
Location: Citywide and Project Specific at 1160 Walnut Avenue
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: A) amending the Fiscal Year 2023/24 budget, B) amending
the Fiscal Year 2023/24 CIP program budget, C) amending the American Rescue
Plan Act (ARPA) Spending Plan; D) establishing CIP project GGV0270 and
appropriating $13.0 million for acquisition and renovation of Palomar Motel. (4/5
Vote Required)
9.CITY MANAGER’S REPORTS
9.1 Fire Station 1 Renovation Update 405
9.2 Harborside Park Referral Update 417
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 8 of 505
10.MAYOR’S REPORTS
10.1 Boards and Commissions: Consideration of Annual Reappointments 418
REAPPOINTMENTS TO FIRST TERMS (Initial term less than two
years)
A.
Jose Torres, Board of Ethics•
Alexia Velissaropoulos, Board of Ethics•
William Salle, Citizens' Oversight Committee - Measure A•
Lourdes Nunez-Silva, Civil Service Commission•
Ken Muraoka, Cultural Arts Commission•
Christian Gomez, Human Relations Commission•
Rodney Caudillo, Traffic Safety Commission•
REAPPOINTMENTS TO SECOND TERMSB.
Bryan Ehm, Board of Appeals and Advisors•
Isidro Barragan, Board of Ethics•
Elizabeth Murphy, Health Wellness and Aging Commission•
Brenda Aguirre, Mobilehome Rent Review Commission•
Michael De La Rosa, Planning Commission•
Jerome Torres, Planning Commission•
Brianna Conser, Parks and Recreation Commission•
Ashleigh Padilla, Parks and Recreation Commission•
Adriana Guevara Gluyas, Sustainability Commission•
Report Number: 23-0141
Location: No specific geographic location
Department: City Clerk
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(C)(3) no environmental review is
required.
RECOMMENDED ACTION:
Make the reappointments as appropriate.
City of Chula Vista City Council
July 25, 2023 Post Agenda Page 9 of 505
10.2 Ratification of Appointment to the Following Commissions:448
Citizens' Oversight Committee - Measure A
- Patricia Alvarez
Cultural Arts Commission
- Christine Brady
Human Relations Commission
- David Diaz
- Jeffrey Redondo
- Julie Holm
Sustainability Commission
- Jeanine Sharkey
Veterans Advisory Commission
- Francia Castro
- Henry Martinez
10.3 Consideration of Appointment of a Voting Delegate and Alternates for the 2023
League of California Cities Annual Conference to be Held in Sacramento,
September 20 - 22
492
RECOMMENDED ACTION:
Make the appointment as appropriate.
11.COUNCILMEMBERS’ COMMENTS
11.1 Councilmember Gonzalez: Ratification of Appointment to the Following
Commission:
497
Health Wellness and Aging Commission
- Joyce Perischilli
11.2 Deputy Mayor Preciado & Councilmember Gonzalez: Written Communications 503
12.CITY ATTORNEY'S REPORTS
13.CLOSED SESSION
Announcements of actions taken in Closed Sessions shall be made available by noon on
the next business day following the Council meeting at the City Attorney's office in
accordance with the Ralph M. Brown Act (Government Code 54957.7)
13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: Jacqueline Limon v. City of Chula Vista, et al., San Diego
Superior Court, Case No. 37-2021-00045866-CU-PA-CTL.
City of Chula Vista City Council
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14.ADJOURNMENT
to the special City Council meeting on August 8, 2023, at 3:00 p.m. in Executive
Conference Room 103, and then the regular City Council meeting on August 8, 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
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Chula Vista Bayfront
Update to City
Council
Commissioner Ann Moore
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2
Transformation in Progress –Phase 1
Bringing the Community’s Vision to Life
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3
Gaylord Pacific –Grand Opening Spring 2025!
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4
Gaylord Pacific Construction
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Gaylord Pacific –Grand Opening Spring 2025!
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Gaylord Pacific –Grand Opening Spring 2025!
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8
Sweetwater Park –Conceptual Renderings
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10
Private Investment + Public Financing = P3 Partnership
Chula Vista Bayfront Project
Public sources Private sources
Total project value:
$1.35 billion
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Harbor Park –Conceptual Renderings
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14
Sun Outdoors San Diego Bay
Premiere West Coast RV Resort
More info at sunoutdoors.com
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Sun Outdoors San Diego Bay
Phase 2 Expansion
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Living Coast Discovery Center
New Parking Lot Opening in August
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Living Coast Discovery Center Parking Lot
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Transformation in Progress –Phase 1
Bringing the Community’s Vision to Life
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Transformation in Progress –Phase 2
Bringing the Community’s Vision to Life
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Transformation in Progress –Phase 3
Bringing the Community’s Vision to Life
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Chula Vista Bayfront Redevelopment
Phases 2 & 3
Step 1 –Verify Highest & Best Use
•Project management
•Market demand and feasibility
study
•Mobility and traffic planning
Step 2 -Urban Design
•Is there more we can do?
•How can we create a sense of
place?
•Ensure success of future RFPs
•Public & stakeholder outreach
Step 3 -Implementation
•Issue RFPs
•Environmental review as needed
•Entitlements
•Real Estate Negotiations
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Municipal Services Agreement
$1.4 million for police, fire, and emergency
services with 3% annual baseline increase
Port has MSAs with each of its member cities
Common among municipalities and
government agencies
Provides fixed payment from the Port for
services provided by the City
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FY 2024 Budget
$2.3 million for Chula Vista Boat Launch Pavement Maintenance
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FY 2024 Budget –$150,000 for Expanded Access Events
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THANK YOU!
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Presentation by Bob Coleman
Conservation Specialist II
Office of Sustainability
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Zero Waste Academy Goals
•Key goal –“change the mindset”
•Promote overall understanding of Zero Waste thinking &
practices.
•Provide knowledge to carry out Zero Waste Actions.
•Become advocates for implementing Zero Waste practices.
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Zero Waste Plan -Action 3.8
Develop Zero Waste education
and recognition program
covering waste reduction.
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•7 weekly sessions
•“Hybrid” –simultaneous
in-person & on-line
•Facility Tours
•Participants acknowledged
as “Chula Vista Zero Waste
Champions”
Spring 2023
Inaugural Academy
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Topics Included
•Understanding the Waste Stream
•Materials Recovery
•Recycle Right in Chula Vista
•Food and Yard Waste Recycling
•Household Hazardous Wastes
•Refuse, Reduce, Reuse/Repurpose, Repair, Donate
•Zero Waste –Tips and Tricks
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Otay Landfill Tour
Academy Participant: “This
tour was the best part of the
class, especially becoming
aware of where all our trash
goes and to see how food
waste is processed.”
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The Construction/Demolition
(C&D) Waste Recycling Facility
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Materials Recovery Facility (MRF) Tour
Academy Participant:
“The MRF tour provided
a greater understanding
of the recycling process,
and efforts to recycle as
much material as
possible, as markets
allow.”
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Spring 2023 –Chula Vista Zero Waste Champions
Congratulations to our inaugural Academy class! Page 45 of 505
City of Chula Vista City Council
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City of Chula Vista
Special Meeting of the City Council
Meeting Minutes
September 20, 2022, 4:00 p.m.
City Hall, Bldg. #A, Executive Conference Room #103
276 Fourth Avenue, Chula Vista
Present: Deputy Mayor Cardenas, Councilmember Galvez, Councilmember
Padilla, Mayor Casillas Salas
Absent: Councilmember McCann
Also Present: City Clerk Bigelow, City Clerk Analyst Hernandez, Deputy City Clerk
Lafarga, Assistant City Attorney Shirey
The City Council minutes are prepared and ordered to correspond to the City Council Agenda.
Agenda items may be taken out of order during the meeting. The agenda items were considered
in the order presented.
_____________________________________________________________________
1. CALL TO ORDER
A special meeting of the City Council of the City of Chula Vista was called to order at
4:05 p.m. in Executive Conference Room #103, located in City Hall, 276 Fourth Avenue,
Chula Vista, California.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. ACTION ITEMS
3.1 Interviews and Consideration of Appointments to Fill Two Vacancies on the
Planning Commission
There were no members of the public who requested to speak regarding the item.
The City Council discussed the questions that would be asked of each applicant.
City Clerk Bigelow provided information on the item. The City Council conducted
interviews for the Planning Commission. There were no members of the public who
wished to speak following the interviews.
Councilmember Padilla requested staff to provide details about prior service as
part of the interview process if applicants had previously served on City boards or
commissions. Deputy Mayor Cardenas and Councilmember Padilla spoke in
support of ensuring diversity on the Commission.
Moved by Mayor Casillas Salas
Seconded by Councilmember Galvez
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City of Chula Vista City Council
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2022-09-20 City Council Special Meeting Minutes
Page 2
To appoint Jimmy Combs to replace Javier Nava as a qualified professional
representative on the Planning Commission. The motion was carried by the
following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla,
and Mayor Casillas Salas
Carried (4 to 0)
Moved by Mayor Casillas Salas
Seconded by Councilmember Galvez
To appoint Bryan Felber to replace Gabriel Gutierrez as an at-large representative
on the Planning Commission. The motion was carried by the following vote:
Yes (4): Deputy Mayor Cardenas, Councilmember Galvez, Councilmember Padilla,
and Mayor Casillas Salas
Carried (4 to 0)
At the request of Councilmember Padilla there was a consensus of the City Council
to add an item to the agenda for September 27, 2022 to consider City support of
the 3rd Annual Southbay Youth Rainbow Ride and Festival.
4. ADJOURNMENT
The meeting was adjourned at 5:37 p.m.
Minutes prepared by: Cristina Hernandez, City Clerk Analyst
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Regular City Council Workshop
Meeting Minutes
March 2, 2023, 4:00 p.m.
Council Chambers, 276 Fourth Avenue, Chula Vista, CA
Present: Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor
Preciado, Mayor McCann
Absent: Councilmember Cardenas
Also Present: City Manager Kachadoorian, 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 workshop of the City Council of the City of Chula Vista was called to order at 4:02 p.m.
in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista,
California.
2. ROLL CALL
Assistant City Clerk Turner called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Fire Chief Muns led the Pledge of Allegiance.
4. PUBLIC COMMENTS
There were none.
5. WORKSHOP
5.1 Presentation and Discussion on the Council-Manager Form of Government
Assistant City Attorney McClurg gave a presentation on the item and responded to
questions from the City Council.
5.2 Presentation and Discussion on Public Safety City Operations
Police Chief Kennedy and Assistant Chief Collum gave a presentation on behalf of
the Police Department.
Fire Chief Muns gave a presentation on behalf of the Fire Department.
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2023-03-02 City Council Workshop Minutes
Page 2
City Council discussion ensued.
Mayor McCann recessed the meeting at 6:00 p.m. The City Council reconvened at
6:08 p.m., with all members present.
Alan C. spoke regarding the item and expressed support for public safety services.
6. ADJOURNMENT
The meeting was adjourned at 6:40 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Special City Council Workshop
Meeting Minutes
May 4, 2023, 4:00 p.m.
Public Works Center, Lunchroom
1800 Maxwell Road, Chula Vista, CA 91911
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; Assistant
City Clerk Turner; City Clerk Analyst Hernandez
The City Council minutes are prepared and ordered to correspond to the City Council Agenda.
Agenda items may be taken out of order during the meeting. The agenda items were considered
in the order presented.
_____________________________________________________________________
1. CALL TO ORDER
A special workshop of the City Council of the City of Chula Vista was called to order at
4:01 p.m. in the Public Works Center, Lunchroom located at 1800 Maxwell Road, Chula
Vista, California
2. ROLL CALL
Assistant City Clerk Turner called the roll.
Councilmember Cardenas joined the meeting at 4:04 p.m.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Chavez led the Pledge of Allegiance.
4. WORKSHOP
4.1 Presentation and Discussion on City Operations - Part III
Public Works Director Little and Engineering & Capital Projects Director Valle gave
a presentation on the item and responded to questions from the City Council.
5. ADJOURNMENT
The meeting was adjourned at 5:11 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
July 11, 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
5:05 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.
Deputy Mayor Preciado joined the meeting at 5:09 p.m.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Councilmember Cardenas led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation in Honor of the 110th Anniversary of the
Chula Vista Woman's Club
Mayor McCann read the proclamation and the City Council presented it to
members of the Woman's Club.
4.2 Presentation of a Proclamation to Jayson Jesperson Proclaiming July 11,
2023 as Jayson Jesperson Day in the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Gonzalez presented it
to Jayson Jesperson.
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4.3 Presentation of a Proclamation to Gilbert Contreras Proclaiming July 2023 as
Parks and Recreation Month in the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Chavez presented it to
Principal Recreation Manager Contreras.
5. CONSENT CALENDAR (Items 5.1 through 5.11)
City Clerk Bigelow announced that a revised resolution for Item 5.5 C had been
distributed to the City Council, and that action on the item would be with respect to the
revised document.
Mayor McCann and Acting City Attorney Maland announced that the following
Councilmembers would abstain from voting on the items indicated due to potential
property-related conflicts of interest: Mayor McCann on Item 5.6 B and Councilmember
Gonzalez on Item 5.6 C.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve the recommended actions appearing below consent calendar Items 5.1
through 5.6 A and 5.7 through 5.11. The headings were read, text waived. The motion
carried by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez,
Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve the recommended action appearing below consent calendar Item 5.6 B. The
heading was read, text waived. The motion carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez,
and Deputy Mayor Preciado
Abstain (1): Mayor McCann
Result, Carried (4 to 0)
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve the recommended action appearing below consent calendar Item 5.6 C. The
headings were read, text waived. The motion carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Preciado,
and Mayor McCann
Abstain (1): Councilmember Gonzalez
Result, Carried (4 to 0)
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5.1 Approval of Meeting Minutes
Approve the minutes dated: June 8 and 13, 2023.
5.2 Waive Reading of Text of Resolutions and Ordinances
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Consideration of Requests for Excused Absences
Consider requests for excused absences as appropriate. No requests were
received at that meeting.
5.4 Employee Positions: Adopt an Ordinance Adding the Unclassified Position
Title of Communications Manager and Deleting the Unclassified Position Title
of FA Graphic Designer/Webmaster (Second Reading and Adoption)
Adopt an ordinance 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. (Second Reading
and Adoption) (4/5 Vote Required)
Item 5.4 heading:
ORDINANCE NO. 3551 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
UNCLASSIFIED POSITION TITLE OF FA GRAPHIC DESIGNER/WEBMASTER
(SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED)
5.5 Employee Compensation, Bargaining Agreement and Positions: Approve a
Memorandum of Understanding with Non-Safety IAFF; Revised
Compensation Schedule; Revised Compensation Summary for
Unrepresented Employees; Amended Position Count; and Budget
Amendments
Adopt resolutions: A) Approving a Memorandum of Understanding (“MOU”)
between the City of Chula Vista and Non-Safety Local 2180 International
Association of Firefighters (“Non-Safety IAFF”) related to compensation and other
terms and conditions of employment; B) Approving the Revised Compensation
Summary for Unrepresented Employees; C) Identifying the terms and conditions
for Fire Department response away from their official duty station and assigned to
an emergency incident; D) Approving the revised Fiscal Year 2021/22
Compensation Schedule effective July 14, 2023, as required by California Code of
Regulations., Title 2, Section 570.5; E) Amending the authorized position count in
various departments and F) Amending the Fiscal Year 2023/24 budget to
appropriate funds, accordingly. (4/5 Vote Required)
Item 5.5 heading:
A) RESOLUTION NO. 2023-084 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CHULA VISTA AND NON-SAFETY LOCAL 2180
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS RELATED TO
COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT;
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AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO
EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS
WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU
B) RESOLUTION NO. 2023-085 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR
UNREPRESENTED EMPLOYEES INCLUDING AUTHORIZATION FOR THE
MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO
IMPLEMENT SAID AMENDED COMPENSATION SUMMARY
C) RESOLUTION NO. 2023-086 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA IDENTIFYING THE TERMS AND CONDITIONS FOR FIRE
DEPARTMENT RESPONSE AWAY FROM THEIR OFFICIAL DUTY STATION AND
ASSIGNED TO AN EMERGENCY INCIDENT
D) RESOLUTION NO. 2023-087 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
E) RESOLUTION NO. 2023-088 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS
DEPARTMENTS
F) RESOLUTION NO. 2023-089 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR
2023/24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE
REQUIRED)
5.6 Community Facilities Districts: Approve the Levy of Special Taxes and
Collectibles for Fiscal Year 2023/24
Adopt resolutions:
A) Levying special taxes to be collected to pay the costs of facilities and services
for Community Facilities Districts 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1,
2001-1, 2001-2, 07-I, 08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 14-M, 14-M2, 16-I,
17-I, 18-M and 19-M within the City of Chula Vista and designating the Director of
Finance to file a list of taxes to be levied on each parcel with the County auditor
each year;
B) Levying special taxes to be collected to pay the cost of facilities and services for
Community Facilities Districts 06-I and 07-M within the City of Chula Vista and
designating the Director of Finance to file a list of taxes to be levied on each parcel
with the County auditor each year; and
C) Levying special taxes to be collected to pay the cost of facilities and services for
Community Facilities Districts 97-2 and 13-M within the City of Chula Vista and
designating the Director of Finance to file a list of taxes to be levied on each parcel
with the County auditor each year.
Item 5.6 headings:
A) RESOLUTION NO. 2023-090 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE
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COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES
DISTRICTS 97-1, 97-3, 98-1, 98-2, 98-3, 99-1, 99-2, 2000-1, 2001-1, 2001-2, 07-I,
08-I, 08-M, 09-M, 11-M, 12-I, 12-M, 13-I, 14-M, 14-M2, 16-I, 17-I, 18-M, AND 19-M
WITHIN THE CITY OF CHULA VISTA AND DESIGNATING THE DIRECTOR OF
FINANCE TO FILE A LIST OF TAXES TO BE LEVIED ON EACH PARCEL WITH
THE COUNTY AUDITOR EACH YEAR
B) RESOLUTION NO. 2023-091 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE
COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES
DISTRICTS 06-I AND 07-M WITHIN THE CITY OF CHULA VISTA AND
DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE
LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR
C) RESOLUTION NO. 2023-092 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING SPECIAL TAXES TO BE COLLECTED TO PAY THE
COSTS OF FACILITIES AND SERVICES FOR COMMUNITY FACILITIES
DISTRICTS 97-2 AND 13-M WITHIN THE CITY OF CHULA VISTA AND
DESIGNATING THE DIRECTOR OF FINANCE TO FILE A LIST OF TAXES TO BE
LEVIED ON EACH PARCEL WITH THE COUNTY AUDITOR EACH YEAR
5.7 Fuel Purchasing Agreement: Approve the Continued Use of the Cooperative
Purchasing Agreement Between the City of San Diego and SC Commercial,
LLC (Doing Business As the SoCo Group) and Increase the Maximum
Contract Amount
Adopt a resolution approving the continued use of the cooperative agreement
between the City of San Diego and SC Commercial, LLC (doing business as the
SoCo Group) and increase the contract maximum not-to-exceed from $4,000,000
to $6,000,000.
Item 5.7 heading:
RESOLUTION NO. 2023-093 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE PURCHASE OF MOTOR VEHICLE FUEL, ON AN AS-
NEEDED BASIS, FROM SC COMMERCIAL, LLC (DBA THE SOCO GROUP) IN
ACCORDANCE WITH THE TERMS AND CONDITIONS OF REQUEST FOR
PROPOSAL NUMBER 10089315-18-K AND THE COOPERATIVE AGREEMENT
BETWEEN SC COMMERCIAL AND THE CITY OF SAN DIEGO
5.8 Agreement: Approve the First Amendment to the Municipal Services
Agreement with the San Diego Unified Port District Establishing a New
Baseline Reimbursement Rate
Adopt a resolution approving the First Amendment to the Municipal Services
Agreement with the San Diego Unified Port District for Police, Fire, and Emergency
Medical Services for the period July 1, 2020 through June 30, 2030, establishing a
new baseline reimbursement rate effective July 1, 2022.
Item 5.8 heading:
RESOLUTION NO. 2023-094 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT FOR
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POLICE, FIRE, AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY
AND THE SAN DIEGO UNIFIED PORT DISTRICT
5.9 Donation Acceptance: Accept a Donation for the Purchase of an Animal
Transport Van for the Animal Shelter and Appropriate Funds
Adopt a resolution accepting a donation for the purchase of an animal
transportation van for the Animal Shelter and appropriating funds for that purpose.
(4/5 Vote Required)
Item 5.9 heading:
RESOLUTION NO. 2023-095 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING A DONATION FROM THE FRIENDS OF THE ANIMAL CARE
FACILITY AND CHERYL COX AND AMENDING THE FISCAL YEAR 2023/24
BUDGET TO APPROPRIATE SUCH FUNDS (4/5 VOTE REQUIRED)
5.10 Dispatch Agreement: Approve an Agreement with the City of San Diego Fire-
Rescue Department for Dispatch Services
Adopt a resolution waiving the competitive bid process and entering into an
agreement with the City of San Diego for dispatch services.
Item 5.10 heading:
RESOLUTION NO. 2023-096 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE COMPETITIVE BIDDING REQUIREMENT AND
APPROVING THE DISPATCH SERVICES AGREEMENT – SAN DIEGO/CHULA
VISTA, BETWEEN THE CITY AND THE CITY OF SAN DIEGO
5.11 Animal Regulations: Place an Ordinance on First Reading Amending Animal
Regulations Related to Stray Holding Periods and Harboring Strays
Place an ordinance on first reading amending Chula Vista Municipal Code Sections
6.12.042 and 6.24.140 to reduce the minimum holding period for stray cats and
dogs from four business days to three days and to remove the prohibition against
harboring a lost or stray dog. (First Reading)
Item 5.11 heading:
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS IN TITLE
6 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO STRAY HOLDING
PERIODS AND HARBORING STRAYS (FIRST READING)
6. PUBLIC COMMENTS
Joseph Raso, Chula Vista resident, expressed concern regarding the tenant protection
ordinance and distributed written communication.
Brandon Claypool, Chula Vista resident, spoke in support of individuals experiencing
homelessness.
The following members of the public spoke in support of reopening Harborside Park:
Lillie Hebert, Chula Vista resident
Lois Morera
Megan Moore
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Estela Stachowitz
Delia Dominguez Cervantes, Chula Vista resident
Leticia Lares
Johann Torres
Javier Torres
The following members of the public spoke in support of security cameras in public
libraries:
Harry Orgovan representing Chula Vista Heritage Museum
Marie Zhvago representing Chula Vista Heritage Museum and South Bay
Historical Society
Marianna Saponara representing Nacion Avenue Crusaders
Sandra Scheller, Chula Vista resident
At the request of Deputy Mayor Preciado, there was a consensus of the City Council to
request staff provide a report on safety concerns at City properties.
The following members of the public expressed concern regarding parking for residents:
Rebeca Canales, Chula Vista resident
Michael Steinhaus, Chula Vista resident
Harold DeMoss expressed concern regarding various matters.
John Acosta, Chula Vista resident, spoke regarding conflict of interest.
James Smith, representing Warriors for Souls, spoke regarding a nonprofit that supports
homeless veterans.
Carol Green, Chula Vista resident, expressed appreciation for the City's support of
AB1207, Cannabis: Labeling and Advertising.
The following members of the public submitted written communications regarding
Harborside Park:
Concerned Citizen
Mary Davis
Robert Johnson submitted written communications regarding audio recordings for
boards and commissions.
Mayor McCann recessed the meeting at 6:34 p.m. The Council reconvened at 6:44 p.m.,
with all members present.
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7. PUBLIC HEARINGS
7.1 Open Space Maintenance Districts: Approve Levying the Assessments and
Collectibles for Fiscal Year 2023/24
Notice of the hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than the time specified in the notice.
Mayor McCann opened the public hearing.
John Acosta, Chula Vista resident, spoke in support of town hall meetings.
There being no further members of the public who wished to speak, Mayor
McCann closed the public hearing.
Mayor McCann announced that the following Councilmembers would abstain from
voting on the items indicated due to potential property-related conflicts of interest:
Mayor McCann on Item 7.1 B and Deputy Mayor Preciado on Item 7.1 C.
Mayor McCann and Deputy Mayor Preciado left the dais during voting on the
respective items.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-097, heading read, text waived. The motion carried
by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 A heading:
A) RESOLUTION NO. 2023-097 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR
FISCAL YEAR 2023/24 FOR OPEN SPACE DISTRICTS 2 THROUGH 10, 14, 15,
17, 18, 20 (ZONES 1 THROUGH 6, 8 AND 9), 23, 24, 26, 31, 33, EASTLAKE
MAINTENANCE DISTRICT NO 1, TOWN CENTRE, AND BAY BOULEVARD
MAINTENANCE DISTRICT
Moved by Councilmember Chavez
Seconded by Councilmember Cardenas
To adopt Resolution No. 2023-098, heading read, text waived. The motion carried
by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
Abstain (1): Mayor McCann
Result, Carried (4 to 0)
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Item 7.1 B heading:
B) RESOLUTION NO. 2023-098 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR
FISCAL YEAR 2023/24 FOR OPEN SPACE DISTRICT 1 AND OPEN SPACE
DISTRICT 20 ZONE 7
Moved by Mayor McCann
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-099, heading read, text waived. The motion carried
by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Mayor McCann
Abstain (1): Deputy Mayor Preciado
Result, Carried (4 to 0)
Item 7.1 C heading:
C) RESOLUTION NO. 2023-099 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA LEVYING THE ASSESSMENTS AND COLLECTIBLES FOR
FISCAL YEAR 2023/24 FOR OPEN SPACE DISTRICT 11
8. ACTION ITEMS
8.1 City Records Digitization Agreements: Approve Agreements with ECS
Imaging, Inc., and DRS Imaging Services LLC, Doing Business as Daida, for
Citywide Records Digitization Services
Development Services Director Black gave a presentation on the item and
responded to questions from the City Council.
Robert Johnson submitted written communication in opposition to the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-100, heading read, text waived. The motion carried
by the following vote:
Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, Deputy Mayor Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 8.1 heading:
RESOLUTION NO. 2023-100 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING AGREEMENTS BETWEEN THE CITY AND ECS IMAGING,
INC. AND DRS IMAGING SERVICES LLC, DBA DAIDA, TO PROVIDE ON-CALL
DIGITIZATION SERVICES
8.2 Privacy and Technology: Place an Ordinance on First Reading to Add Chula
Vista Municipal Code Chapter 2.65, Establishing a Privacy Protection and
Technology Advisory Commission
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Deputy City Manager Crockett announced that a revised resolution for the item had
been distributed to the City Council, and that action on the item would be with
respect to the revised document. He also gave a presentation on the item.
Acting City Attorney Maland responded to questions of the City Council.
The following members of the public provided recommendations on the proposed
ordinance:
Nancy Relaford, San Diego resident
Sophia Rodriguez, Chula Vista resident
Margaret Baker, Chula Vista resident, provided recommendations on the proposed
ordinance and distributed written communications.
City Council discussion ensued.
The following members of the public submitted written communication expressing a
neutral position on the item:
Frank Riley
Jeanne Brown, representing Criminal Justice Committee, LWVSD
Patricia Mondragon
Margaret Baker, Chula Vista resident
Ian Seruelo
Brenda Aguirre
Mary Davis
Pati Ruiz
Robert Johnson
Kathy Hardy submitted written communication in support of the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To place the ordinance on first reading, heading read, text waived. The motion was
carried by the following vote:
Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember
Gonzalez, and Deputy Mayor Preciado
No (1): Mayor McCann
Result, Carried (4 to 1)
Item 8.2 heading:
ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHULA VISTA
MUNICIPAL CODE CHAPTER 2.65, “PRIVACY PROTECTION AND
TECHNOLOGY ADVISORY COMMISSION” (FIRST READING)
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9. CITY MANAGER’S REPORTS
There were none.
10. MAYOR’S REPORTS
Mayor McCann announced the 1st Annual Chula Vista Art Fest.
11. COUNCILMEMBERS’ COMMENTS
At the request of Councilmember Cardenas, there was a consensus of the City Council
to make a referral to the City Manager to add an item to a future meeting to consider a
resolution demonstrating the City Council’s support for the annexation of Village 13.
Councilmember Cardenas spoke regarding the reopening of Lauderbach Park, and she
spoke regarding the future of Harborside Park.
Deputy Mayor Preciado thanked the City Manager and her staff for their attentiveness to
issues that arise.
Councilmember Chavez spoke regarding her attendance at the following recent events:
Juneteenth flag raising, Juneteenth event at the California Black Chamber of Commerce,
the topping out ceremony for Spring Hill Suites, South County EDC Binational Forum,
and the Fourth Fest at the Olympic Training Center. She also encouraged participation in
upcoming park events.
Councilmember Gonzales thanked Assemblymember Alvarez, Senator Padilla, the City
Manager, and staff for their efforts related to the passing of Assembly Bill 129 that would
allow the City’s University and Innovation District plans to continue, he congratulated the
new president of South County EDC, and thanked the Onstage Playhouse for their
recent performance of A Lonely Planet.
At the request of Councilmember Gonzalez, there was a consensus of the City Council
to direct staff to wait two weeks to open solicitations for proposals for the strategic
planning effort.
At the request of Councilmember Gonzalez, there was a consensus of the City Council
to direct staff to provide a report on SB 10, related to planning and zoning, including how
it is being implemented in Humboldt County and potential opportunities for the City.
12. CITY ATTORNEY'S REPORTS
There were none.
13. CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during closed sessions are maintained by the City Attorney.
Acting City Attorney Maland announced that the City Council would convene in closed
session to discuss the items listed below.
Mayor McCann recessed the meeting at 7:47 p.m. The Council convened in Closed
Session at 7:55 p.m., with all members present.
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13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
A.) Name of case: Estate of Oral Nunis, Sr., et al. v. City of Chula Vista, et al.,
United States District Court, Case No. 21-cv-1627-AJB-DEB
Action: No Reportable Action
B.) Name of case: American Medical Response West v. California Department of
Health Care Services, et al., Sacramento Superior Court, Case No. 34-2021-
80003757
Action: No Reportable Action
C.) Name of case: Maria Torres v. City of Chula Vista, et al., San Diego Superior
Court, Case No. 37-2020-00023728-CU-PO-CTL
Action: No Reportable Action
D.) Name of case: Yasoda Namier, et al. v. City of Chula Vista, San Diego
Superior Court, Case No. 37-2019-00062842-CU-PA -CTL
Action: No Reportable Action
14. ADJOURNMENT
The meeting was adjourned at 8:50 p.m.
Minutes prepared by: Tyshar Turner, Assistant City Clerk
_________________________
Kerry K. Bigelow, MMC, City Clerk
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July 25, 2023
ITEM TITLE
Animal Regulations: Adopt an Ordinance Amending Animal Regulations Related to Stray Holding Periods and
Harboring Strays (Second Reading and Adoption)
Location: No specific geographic location
Department: Animal Care
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt an ordinance amending Chula Vista Municipal Code Sections 6.12.042 and 6.24.140 to reduce the
minimum holding period for stray cats and dogs from four business days to three days and to remove the
prohibition against harboring a lost or stray dog. (Second Reading and Adoption)
Summary
This ordinance was placed on first reading on July 11, 2023. The original staff report can be accessed at the
following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=33040
Please note, the original staff report may include information beyond the scope of the or dinance proposed
for adoption with this action.
For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov.
Page 63 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
SECOND READING AND ADOPTION
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
SECTIONS IN TITLE 6 OF THE CHULA VISTA MUNICIPAL
CODE RELATING TO STRAY HOLDING PERIODS AND
HARBORING STRAYS
WHEREAS, in 2012 the City Council adopted Ordinance 3226, introducing a stray hold
for dogs and cats of 4 business days, not including day of impoundment; and
WHEREAS, State-mandated stray holds, upon repeal of unmandated sections of Hayden’s
Law, require a 72-hour stray hold for dogs and cats; and
WHEREAS, Hayden’s Law requires, pursuant to California Food and Agriculture section
31108 and 37152, that stray dogs and cats be held for owner redemption for at least three days, not
including the day of impoundment; and
WHEREAS, the proposed amendment Chula Vista Municipal Code Section 6.12.042
would bring local municipal codes into congruence with state codes; and
WHEREAS, in 1976 the Chula Vista City Council adopted Ordinance 1706, introducing a
requirement to “turn over” stray dogs to the Animal Shelter within 24 hours; and
WHEREAS, technologies now exist to aid in the reunification of pets and families within
and by the community with statistical data proving higher rates of return within the community;
and
WHEREAS, return rates in shelter have decreased with cost to reclaim cited as a common
reason not to reclaim; and
WHEREAS, the proposed amendment to Chula Vista Municipal Code Section 6.24.190
would bring the regulations into congruence with national sheltering standards.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Chula Vista Municipal Code Sections 6.12.042 and 6.24.190 are hereby
amended as follows:
6.12.042 Impound holding period for cats and dogs
A. The required holding period for a stray dog/cat impounded pursuant to this chapter
shall be a minimum of three days, not including the day of impoundment.
[Subsection B remains unchanged.]
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Ordinance No.
Page No. 2
6.24.190 Found strays – notification to the Chula Vista Animal Care Facility
required.
Any person finding a lost or stray dog shall notify the Chula Vista Animal Care Facility
within 72 hours.
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:
John Skeel Jill D.S. Maland
Director of Animal Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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July 25, 2023 Post Agenda
Attachment 1
Redline Version of Municipal Code Revisions
6.12.042 Impound holding period for cats and dogs
A. The required holding period for a stray dog/cat impounded pursuant to this chapter shall be a
minimum of three four business days, not including the day of impoundment.
[Subsection B remains unchanged.]
6.24.190 Harboring of straysFound strays – notification to the animal shelteChula Vista Animal
Care Facilityr required.
No person shall harbor or keep any lost or stray dog for a longer period than 24 hours. Any person finding
a lost or stray dog shall forthwith notify the Chula Vista Animal Care Facility within 72 hours.animal
shelter and turn it over to them.
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1
CURRENT ENFORCEABILITY OF THE HAYDEN LAW OF 1998
Taimie L. Bryant *
Professor of Law, UCLA School of Law.
INTRODUCTION
In 1998 California enacted a comprehensive set of laws, known as the Hayden
Law, designed to move California’s animal shelters in the direction of saving
more animals’ lives through consolidation of pre-existing legal requirements
pertaining to animal shelters and emphasis on adoption and owner-redemption
of lost pets. In 2000, the Hayden Law was challenged on financial grounds by
city and county governments. The challenge was brought before the Commis-
sion on State Mandates (Commission), which is charged with deciding claims
by local government that the State owes them money for the implementation of
laws at the local level.
Although the California Legislature and the California Department of Finance
had concluded that compliance with the Hayden Law would reduce the costs of
animal sheltering by saving animals through adoption and owner-redemption,
the Commission ruled that some of the individual laws in the Hayden Law
require State reimbursement for costs local governments incur for compliance.
(Commission on State Mandates, Statement of Decision, 98-TC-11). In accor-
dance with that decision, the State has been paying local governments to com-
ply with those parts of the Hayden Law that require state reimbursement.
During the recent state budget crisis, however, the Governor and the Legisla-
ture decided not to provide reimbursement during the 2009-2010 fiscal year. It
is important to note that those laws have not been repealed and will become
enforceable when funded in future budgets. For now, though, the unfunded
laws are unenforceable for the period of time that the current budget is in effect.
The primary change that has occurred is that the holding period for stray and
owner-relinquished animals has dropped from 4 or 6 days, depending on the
hours the shelter is open, to 72 hours. Even so, there may well be local laws or
animal shelter policies/guidelines that require longer holding periods. Those
* One of the principal drafters of the Hayden Law.
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2
laws or policies and guidelines must be followed even if the State requires no
more than 72 hours.
Not all of the laws enacted as part of the Hayden Law were deemed by the
Commission on State Mandates to require State reimbursement. Those parts of
the Hayden Law remain in effect regardless of California’s budgetary situation
because they do not require State reimbursement of local government for com-
pliance costs.
HAYDEN LAW PROVISIONS THAT HAVE NOT BEEN SUSPENDED AND WHICH
REMAIN IN EFFECT.
The Commission on State Mandates decided that the provisions below do not
require State reimbursement. Since the following parts of the Hayden Law are
not affected by the State’s budget in any way, the following remain in effect:
A. Owner-relinquished animals.
A shelter may not kill an owner-relinquished animal without holding the animal
for the minimum 72 hours that stray cats and dogs must be held under state law
(Food and Agricultural Code section 31754). That is true regardless of the
species of the owner-relinquished animal and regardless of an owner’s ex-
pressed wishes that his/her animal be killed. The Commission decided that the
law does not require shelters to take in owner-relinquished animals but does
require shelters to provide a holding period if shelters decide to take in owner-
relinquished animals. Shelters have the choice of rejecting owner-relinquished
animals or accepting owner-relinquished animals and holding them for owner-
redemption and adoption for the same period as stray cats and dogs. Shelters
may not kill owner-relinquished animals before the statutory holding period of
72 hours has elapsed, with or without the owners’ permission. (Food and Agri-
cultural Code section 31754) Only animals who are irremediably suffering 1
1 The question of what constitutes irremediable suffering was litigated in 2007. That
lawsuit against Los Angeles County, resulted in the following definition:
An animal with a medical condition who has a poor or grave prognosis for being
able to live without severe, unremitting pain despite necessary veterinary care.
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3
from a serious illness or severe injury may be euthanized. (Food and Agricul-
tural Code section 17006.)
Please note: A particular shelter may be obligated by local laws
to hold animals longer than is required by state law. If a local
law requires a longer holding period, then that local law con-
trols the minimum holding period and not the state law of 72
hours. Owner-relinquished animals must be held for the same
period of time as is required for stray cats and dogs.
B. Scanning animals for microchip information and informing owners that
their animals are at the shelter.
The obligation to scan for microchips was added to the holding period statutes
in 2000, two years after the Hayden Law was enacted. It remains fully in effect.
Civil Code section 2080, which pre-existed the Hayden Law, requires finders of
lost property to make reasonable efforts to notify the owner, when the owner is
known. Therefore, if the required microchip scanning reveals information about
an owner, the shelter must make reasonable efforts to inform the owner of the
whereabouts of his/her lost animal and take reasonable care of the animal until
the owner can reclaim the animal. Civil Code section 2080 provides that public
shelters can charge the owner with the costs of maintaining the animal. Thus,
the Commission found, public shelters have sufficient fee authority to capture
the costs of providing reasonable care, including veterinary care, and the provi-
sion of caring for animals whose owner is known is not a state reimbursable
expense. The obligations to scan animals for microchips, to make reasonable
efforts to inform owners that their animals are at the shelter, and to maintain
those animals remain in effect without regard to California’s budgetary situa-
tion.
C. Feral cats.
A shelter must hold stray feral cats for the same holding period as non-feral
cats. Feral cats must also receive the same opportunities for owner-redemption,
adoption, and release to an IRC section 501(c)(3) animal rescue and adoption
group if requested. The only provision of the Hayden Law that required reim-
bursement was temperament testing of cats, which would have excused shelters
from holding feral cats for the extended holding period that the Hayden Law
provided for stray and owner-relinquished cats. However, the statutory holding
period for all cats, regardless of temperament, has been reduced to 72 hours.
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Please note: To the extent that shelters were killing feral cats
without holding them before the Hayden Law was enacted,
those shelters were violating the law that pre-dated the Hayden
Law. The law provided that all stray cats be held for 72 hours
and did not distinguish among cats on the basis of temperament.
A local law cannot override a state law by providing less protec-
tion than state law affords. Therefore, a local law that provides
for immediate euthanasia of feral cats would not override the
state law, which requires that feral cats be held for the same pe-
riod of time as other cats.
Also note: Local laws or policies may provide for a longer hold-
ing period than state law provides. It is important to determine
what the local law and policy is. The state law requires a mini-
mum of 72 hours and not a maximum of 72 hours; animals can
be held longer if local government decides to hold animals long-
er.
D. Internal Revenue Code 501(c)(3) animal rescue and adoption groups.
A shelter must allow Internal Revenue Code 501(c)(3) animal rescue and adop-
tion groups to take animals from the shelter. (Food and Agricultural Code
sections 31108, 31752, 31754) What this means is that a shelter cannot kill an
animal if a rescue group or No Kill shelter is willing to save that animal’s life.
Rather than kill animals, shelters are still required to transfer these animals if
those groups request it. Shelters are still not permitted to withhold animals
because of temperament evaluation or add any other criteria beyond the re-
quirement that the groups be recognized as non-profits under Internal Revenue
Code section 501(c)(3).
Please note: The Commission decided that these laws provide
for a shelter, at its option, to charge such groups the same price
for adoption that members of the public pay. Because local gov-
ernment has sufficient fee authority, the State does not owe lo-
cal government reimbursement. However, the fact that the state
law allows shelters to charge rescue groups a fee does not mean
that shelters must charge such a fee. The state law gives local
government the option of requiring such a fee. If local govern-
ment does assess a fee, it can be no higher than that required of
members of the public.
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E. Veterinary Care.
The Hayden Law provisions that require shelters to provide prompt and neces-
sary veterinary care continue in effect when:
1. the animal is an injured cat and dog who requires emergency
veterinary care;
2. the animal’s owner is known (microchip information or tag
information or by seizure of the animal from someone’s prop-
erty);
3. the animal is adopted or redeemed by the owner; or
4. the animal is released to a nonprofit animal rescue or adop-
tion organization.
The reason that prompt and necessary veterinary care is required for cats and
dogs in need of emergency medical care (1) is that providing such care was
already required by law before enactment of the Hayden Law. The reason that
prompt and necessary veterinary care is required for animals in the categories
(2) through (4) is because local government has sufficient fee authority to
collect those costs that the state need not reimburse local government for vet-
erinary expenditures incurred for those animals.
Please Note: Local government may be reluctant to provide vet-
erinary care under the circumstances of (2) through (4) above
because shelters cannot predict which animals will be redeemed
by their owners, adopted, or released to rescue groups. If an
animal is redeemed, adopted, or released to a rescue group, the
shelter could assess fees that enable the shelter to recapture the
veterinary costs it incurred. However, if an animal who receives
non-emergency veterinary care is not redeemed, adopted, or re-
leased to a rescue group, the shelter will not be able to recoup
its expenditure the State or any other entity. That uncertainty
may lead to a failure to provide any non-emergency veterinary
care to animals. However, the Legislature and the Governor
suspended only those parts of the Hayden Law that the Com-
mission on State Mandates deemed to be reimbursable state
mandates. The Commission decided that providing prompt and
necessary veterinary care to the animals listed above did not
trigger reimbursement by the State. Therefore, veterinary care
should be rendered to those animals, especially to animals
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6
whose owner is known or when someone has requested an ani-
mal for adoption or when a rescue group has placed a hold on
an animal.
F. Records.
Shelters must maintain records of the whereabouts of animals and details of
veterinary care as to those animals who receive veterinary care. (Food and
Agricultural Code section 32003) That has not changed because those require-
ments pre-date the Hayden Law and are separately required under other laws
that regulate veterinary medical practice. The following records must be kept
for three years for each animal who receives veterinary care:
1. The date the animal was taken up, euthanized, or impounded;
2. The circumstances under which the animal is taken up, eutha-
nized, or impounded;
3. The names of the personnel who took up, euthanized, or im-
pounded the animal; and
4. The final disposition of the animal, including the name of the
person who euthanized the animal or the name and address of
the adopting party.
G. Policies in Favor of Adoption and Reasonable Treatment to Make Animals
Adoptable.
California’s state policies in favor of adoption instead of euthanasia of adopt-
able shelter animals and reasonable treatment of unadoptable animals who
could become adoptable remain in effect. (Civil Code section 1834.4, Food and
Agricultural Code section 17005, Penal Code section 599d). The Commission
on State Mandates found that these statutes do not mandate reimbursable duties.
They remain in effect to resolve ambiguities in particular laws or that arise
when two laws appear to conflict with each other. In those cases, the interpreta-
tion that saves animals’ lives is the interpretation that will be legally preferred
to resolve any ambiguity or conflict between laws.
H. 14-Day Holding Period and Veterinary Care for Animals Seized under
Penal Code section 597.1.
Penal Code section 597.1 provides for a 14-day holding period for animals
seized under that section. The section also provides for veterinary care and
treatment for those animals. The Commission on State Mandates decided that
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7
these provisions do not require state reimbursement because the law also pro-
vides that the costs of providing care and maintenance of seized animals can be
recovered from the owners of the animals.
Page 73 of 505
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July 25, 2023 Post Agenda
Pawboost RTO Stats April-May 18
MAY
Date Pawboost ID Lost/Found Reunited Info
Pawboost/
Social Media
1 5/17/2023 9075848 Lost Reunited 38 min 1
1 5/17/2023 9074784 Lost Reunited 8 hours 52 min 1
1 5/17/2023 9072910 Found Reunited 1 day 5 hrs 1
1 5/16/2023 9073284 Lost Reunited 1
1 5/14/2023 9065533 Lost Reunited 1 hr 7 min 1
1 5/14/2023 9061975 Found
1 5/14/2023 9061432 Found
1 5/14/2023 9061207 Found Reunited 4hr 18min 1
1 5/14/2023 9060985 Lost Reunited 2 days 17 h 1
1 5/13/2023 9058745 Lost
1 5/13/2023 9058473 Found
2 5/13/2023 9057615 Found Reunited 2 dogs 2
1 5/13/2023 9057333 Lost
1 5/13/2023 5983070 Found Reunited 1
1 5/12/2023 9055840 Found Impounded/Reunited
1 5/12/2023 9055283 Lost Reunited 2 days 1
1 5/10/2023 9048127 Lost Reunited at shelter
1 5/8/2023 9041348 Found Reunited 1
1 5/8/2023 9041254 Lost Returned w/o intervention
1 5/7/2023 9038157 Found Reunited 11 hours 40 min 1
1 5/7/2023 9038092 Found
impounded due to injury,
Found,but not claimed due to
injury/medical needs
1 5/7/2023 9038007 Lost Reunited 23 hrs 1
3 5/6/2023 9035125 Found Reuninted 2 days 13 hrs 3
1 5/6/2023 9035026 Found Reuninted 4 hrs 55 min 1
1 5/6/2023 9033300 Lost Reunited 1 hr 11 min 1
1 5/6/2023 9033634 Found Reunited 3 hrs 41 min 1
1 5/6/2023 9033463 Found
1 5/6/2023 9033146 Found Reunited 1
1 5/6/2023 9032370 Lost Reunited 15 hrs 51 min 1
1 5/5/2023 9031825 Lost Reunited 13 hrs 1
1 5/5/2023 9031310 Found Reunited 17 hrs 9 min 1
1 5/5/2023 9030950 Lost Reunited 1 hr 51 min 1
1 5/4/2023 9028581 Found Reunited 3 hrs 46 min 1
1 5/4/2023 9026995 Lost Impounded/Reunited
2 5/3/2023 9024767 Found Reunited 2
1 5/2/2023 9024343 Lost Reunited 1
1 5/2/2023 9022187 Lost Reunited 14 hrs 30 min 1
1 5/1/2023 9018916 Lost Reunited 14 days 18 hrs 1
1 5/1/2023 9016184 Found Reunited 20 hrs 9 min 2
Page 74 of 505
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43 33
76.70%
April
Date Pawboost ID Lost/Found Notes
Pawboost/
Social Media
2 4/30/2023 9015867 Lost 2 dogs
1 4/30/2023 9014091 Lost Reunited 5 hrs 1
1 4/30/2023 9013871 Lost Reunited 2 hrs 55m 1
1 4/30/2023 9013867 Lost Reunited 42 min 1
1 4/30/2023 9013828 Lost Reunited 1hr 1
1 4/29/2023 9012881 Lost Reunited 2hr 2m 1
1 4/28/2023 9011752 Lost
1 4/28/2023 9009007 Lost Reunited 23 hrs 18m 1
1 4/27/2023 9003475 Lost Reunited 8 hrs 45m 1
1 4/26/2023 9005334 Found Impounded/NOT reunited
1 4/27/2023 9004548 Lost Impounded/Reunited
1 4/26/2023 9003475 Lost Reunited 8hrs 45 min 1
1 4/26/2023 8989652 Lost Reunited 3 days 2 hrs 1
1 4/25/2023 9001400 Lost
1 4/25/2023 8999484 Found Impounded/reunited
1 4/22/2023 9002689 lost
1 4/25/2023 8998937 Found
1 4/25/2023 8997646 Lost Reunited 2 days 1
1 4/25/2023 8996056 Found Reunited 5 days 22 hrs 1
1 4/24/2023 8980562 Lost Impounded SDHS
1 4/24/2023 8991232 Found
1 4/23/2023 8990292 Lost Reunited 1 day 1
1 4/23/2023 8989652 Lost Reunited 3 days 2 hrs 1
1 4/22/2023 8987157 Lost Reunited 2 days 1
1 4/22/2023 8986512 Lost Reunited 2 days 1
1 4/21/2023 8984024 Found
1 4/21/2023 8982583 Lost
Impounded-Matched by
shelter staff
1 4/21/2023 8982562 Found Impounded/NOT reunited
1 4/20/2023 8980986 Lost Reunited 1 day 1
1 4/20/2023 8980817 Found
1 4/19/2023 8977909 Lost Reunited 1
1 4/18/2023 8971090 Lost Reunited 1.5hr 1
1 4/16/2023 8965005 Found Reunited 2.75 hrs 1
1 4/16/2023 8964323 Found Impounded/NOT reunited
1 4/15/2023 8962591 Found Reunited 5.5 hrs 1
2 4/14/2023 8960894 Found Reunited 11.5 hrs 2
1 4/13/2023 8956787 Lost Reunited 2.5hr 1
1 4/13/2023 8955934 Found Reunited 2.75 hrs 1
1 4/11/2023 8949691 Lost Reunited 3.5hrs 1
1 4/10/2023 8941468 Lost Reunited 1 day 8 hrs 1
1 4/10/2023 8945772 Found Reuinted 1
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1 4/9/2023 8942248 Found
Impounded--Owner notified,
no show
1 4/9/2023 8941468 Lost Reunited 1 day 8 hrs 1
1 4/8/2023 8940555 Lost Reunited 1.25 hrs 1
1 4/8/2023 8939116 Lost Reunited 2 days 1
1 4/8/2023 8932351 Lost Reunited 2 days 1
1 4/8/2023 8938446 Lost
1 4/7/2023 8935502 Found Still pending
1 4/6/2023 8933021 Found Outcome Unclear
1 4/6/2023 8932780 Lost Reunited 5 days 11h 1
1 4/5/2023 8932474 Lost
1 4/5/2023 8932456 Lost
1 4/6/2023 8932351 Lost
Reunited--Matched by shelter
staff
1 4/6/2023 8932042 Lost Reunited 1
1 4/5/2023 8928475 Lost Reunited 3 days 11h 1
1 4/3/2023 8927452 Found Reunited 1
1 4/4/2023 8926613 Lost
1 4/4/2023 8926018 Lost
1 4/3/2023 8924313 Lost Reuinted 2 days 1
1 4/3/2023 8924161 Found Outcome Unclear
1 4/3/2023 8923030 Lost Reunited 4 days 4 hrs 1
1 4/1/2023 8916558 Lost Reuinted 14 days 1
1 4/1/2023 8916311 Lost Reunited 1
1 4/1/2023 8915344 Found
66 39
59.10%
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Shelter
No
intervention
Entered Shelter, did not reunite: 5
Entered Shelter, reunited: 8
Reunited Out of Shelter: 72 Success: 67.9%
Posted, pending outcome: 25
1
1
1
1
Total Dogs: 109
Total Impounds: 13
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3 1
Shelter
No
intervention
1
1
1
1
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1
5
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2022 RTO 2023 RTO
Jan 48 Jan 80
Feb 47 Feb 73
Mar 51 Mar 48
Apr 44 Apr 55
May 43 May
June 45 June
July 82 July
Aug 64 Aug
Sept 56 Sept
Oct 51 Oct
Nov 73 Nov
Dec 68 Dec
672 256
Intake: 1745 38.51%Intake: 735 34.80%
Shelter Stats Dog Reclaim
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v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Privacy and Technology: Adopt an Ordinance to Add Chula Vista Municipal Code Chapter 2.65, Establishing
a Privacy Protection and Technology Advisory Commission (Second Reading and Adoption)
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
Adopt an ordinance to establish a Privacy Protection and Technology Advisory Commission under Chula
Vista Municipal Code Chapter 2.65. (Second Reading and Adoption)
Summary
This ordinance was placed on first reading on July 11, 2023. The original staff report can be accessed at the
following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=33045
Please note, the original staff report may include information beyond the scope of the ordinance proposed
for adoption with this action.
For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov.
Page 81 of 505
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SECOND READING AND ADOPTION
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 and sensitive personal
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
advance the City Council priorities of improving sensitive personal information management,
security, and privacy; and
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Ordinance No.
Page 2
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 Cit y Council priorities of improving sensitive personal information
management, security, and privacy.
2.65.030 Functions and duties.
The functions and duties of the Commission shall be as follows:
A. Review and advise the City Council on the City’s technology use policies.
B. Review and 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 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 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).
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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 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. Four Voting Members shall be nominated and appointed in
accordance with the district-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.
2. General Appointments. Following the four district-based appointments, 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.
3. Future Vacancies. Future vacancies of District-Based Appointment seats and General
Appointment seats shall be filled pursuant to subsection A.1. or A.2. above, respectively, with the
aim to preserve the Commission’s subject matter competency as outlined in subsection 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 (5) below. Each of the expertise fields described in
subsections (C)(1) through (5) 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 personal 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/or government transparency.
3. Accounting and Finance: Experience and/or professional credentials in contracting, procurement,
public auditing, control, compliance, and/or general oversight professional services.
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Ordinance No.
Page 4
4. Public Safety: Experience and/or expertise in federal, state or local government public safety
functions and operations.
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
(5), 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 quarterly
thereafter.
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.
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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
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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,
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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.
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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,
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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.
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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.
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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
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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.
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July 25, 2023 Post Agenda
DATE: July 11, 2023
TO: Honorable Mayor and City Councilmembers
FROM: Kerry Bigelow, City Clerk
SUBJECT: Board/Commission/Committee Interactions with City Council
In response to the City Council inquiry at the June 13 City Council meeting, this memo is intended to provide
information on how boards/commissions/committees interact with the City Council.
Most communications between the City Council and City Boards, Commissions, and Committees are provided in
the general rules for Boards/Commissions/Committees in Chula Vista Municipal Code Chapter 2.25. The most
common communications are as follows:
1.Agendas. Agendas for each meeting are provided to the City Council by the secretary of the
board/commission/committee. CVMC 2.25.210(C) Agendas are emailed to the City Council by
board/commission/committee staff prior to the meeting. They are also available at
www.chulavistaca.gov/boardmeetings.
2.Minutes. Meeting minutes for each board/commission/committee meeting are to be provided to the City
Council within 10 days of approval. CVMC 2.25.230(A) Minutes are emailed to the City Council by
board/commission/committee staff. They are also available at www.chulavistaca.gov/boardmeetings.
3.Annual Reports. By June 30 of each year, each board/commission/committee submits a report of its
activities during the previous fiscal year. Some boards/commissions/committees have specific information
or findings that they are required to include in their annual reports. CVMC 2.25.280(A) These reports are
provided to the City Council via email from the City Clerk’s office in July and are available to the public
through the City Clerk’s office.
4.Periodic Reports. Boards/commissions/committees may make other reports, orally or in writing, to the
City Council at City Council meeting. CVMC 2.25.280(B) These periodic reports would appear as an item
on a City Council agenda and are typically presented by one or two members of the body.
5.Proposals, Suggestions, Recommendations. Boards/commissions/committees may make proposals,
suggestions, or recommendations, upon majority approval by the body, and are provided within 10 working
days of the action being taken. Policy positions by boards/commissions/committees must be stated in a
manner to ensure broad understanding that the position is not the official policy of the City until
recommended to and adopted by the City Council. CVMC 2.25.280(C) These communications are typically
transmitted to the City Council via email from staff.
6.Communications by Individual Members. Individual members may speak on behalf of their respective
board/commission/committee only after majority approval by the body. Individual members making
recommendations or expressing views that have not been officially voted on are required to indicate that
they are expressing themselves as individuals, not as representatives of the board/commission/committee.
CVMC 2.25.280(D) These communications may be made in various ways to the City Council or public.
7.Joint Meetings of the City Council and Boards/Commissions/Committees. The City Council has called
and held joint meetings with boards/commissions/committees to discuss robust matters with one or more
entire boards/commissions/committees.
Please feel welcome to contact me with any questions at kbigelow@chulavistaca.gov. Questions about the activities
of a specific board/commission/committee may be directed to the board/commission/committee’s assigned
department. A staff roster is attached, and contact information is also available online on each
board/commission/committee’s website (available by selecting a board/commission/committee from
www.chulavistaca.gov/boards).
Attachment
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Board/Commission Department Liaison(s)
Board of Appeals and Advisors Development Services Building Official
Board of Ethics City Attorney Megan McClurg
Board of Library Trustees Community Services/ Library Erwin Magbanua
Charter Review Commission City Attorney Megan McClurg
Civil Service Commission Human Resources Erin DempsterCourtney Chase
Cultural Arts Commission Library Erwin Magbanua
Health, Wellness, and Aging Commission Housing and Homeless Services Stacey Kurz
Housing and Homelessness Advisory
Commission
Housing and Homeless Services Stacey Kurz
Human Relations Commission Administration Adrianna Hernandez
Measure A - Citizens’ Oversight Committee Police Jonathan Alegre
Measure P - Citizens’ Oversight Committee Finance Eric Crockett
Mobilehome Rent Review Commission Housing and Homeless Services Stacey Kurz
Parks & Recreation Commission Community Services/ Recreation Gil Contreras
Planning Commission Development Services Todd Philips
Redistricting Commission (currently inactive)
Sustainability Commission Economic Development/ Sustainability Coleen WisniewskiManuel Medrano
Traffic Safety Commission Engineering Eddie Flores
Veterans Advisory Commission Fire Josh Sanders
City of Chula Vista Boards & Commissions Staff Roster
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July 25, 2023 Post Agenda
From: Margaret Baker <
Sent: Tuesday, July 25, 2023 9:34 AM
To: Kerry Bigelow <KBigelow@chulavistaca.gov>
Subject: Urging Incorporation of Proposed Amendments into Privacy Protection and Technology
Ordinance
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To: Chula Vista City Council
From: South Bay People Power
RE: Urging Incorporation of Proposed Amendments into Privacy Protection and Technology Ordinance
We are writing to ask you to pull Agenda Item 5.5 from the consent calendar at Tuesday’s Council meeting in
order to incorporate several critically important amendments into the Privacy Protection and Technology
Advisory Commission Ordinance ("the Ordinance”) BEFORE enacting it. These amendments cannot wait a
year for any potential revision process to the ordinance. They are essential to initial formation of a
commission that:
Aligns with the Privacy Protection and Technology Transparency Policy (“the Privacy Policy”) already
adopted by the City Council,
Builds on the extensive knowledge and deliberations of community experts on the Privacy and
Technology Advisory Task Force ("the Privacy Task Force”), and
Addresses the serious concerns and carefully-researched proposals from the community and
demands for change, and
Most importantly, enables the Commission to fulfill its advisory role to the City Council by setting
clear purposes, functions, membership qualifications, meeting frequency & schedule.
Chula Vista needs to enact REAL CHANGE! For too many years, Chula Vista has been acquiring and using
technologies without needed guardrails. We are calling ON YOU, as our elected leader, to take control of the
decision-making process and provide independent oversight. We need YOU to make informed and
independent decisions regarding acquisition and of use surveillance technologies, set binding policies, require
and review reporting, and provide informed oversight. In order to perform these important tasks, YOU must
become more knowledgeable about the risks to civil liberties, and the current and emerging technologies
that our city departments are employing and proposing. The key step now is to set up an advisory
commission that can advise and inform you so that you drive the oversight process and do not merely
rubber-stamp proposals made by City department heads who are committed to acquiring and using the
technologies.
If the Ordinance is left as is, the Commission will not be able to fulfill its much-needed role to help YOU make
responsible and well-informed decisions regarding the city’s acquisition and use of surveillance technology. If
you fail to amend the ordinance now, Chula Vista will face ongoing confusion, scrutiny, potential liabilities
and criticism, and you and your constituents will not have an advisory and oversight body that we can rely
on. Unfortunately, we also predict you will encounter difficulty recruiting local experts who will commit to
serving on a commission that lacks clear purposes, functions and processes.
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Item 5.5 - Written Communications - Baker
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Page 96 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Here are the most critical amendments you need to make at Tuesday’s meeting:
Purpose and intent
o AMENDMENT:
Delete the language that reads “…the City Council priorities of improving sensitive
personal information management, security, and privacy” and substitute ”the
purposes set forth in the City’s Privacy Protection and Technology Transparency
Policy (Council Policy 112-04)."
o RATIONALE:
The proposed ordinance does NOT accurately and fully lay out the purposes of the
Commission. It mistakenly limits the purpose to improving “sensitive personal
information management, security, and privacy.” We question WHY it uses this
restricted language and lacks documented reference as to its source. It doesn’t build
on existing City Council policy and priorities, reflect the work of the Privacy Task
Force, nor does it address the concerns of the community.
Instead, the Ordinance should directly refer to and reinforce the Purposes and
Intent set forth in the City’s Privacy Policy adopted on Nov 1, 2022. The seven
purposes enumerated in the City’s Privacy Policy DO explicitly establish the full set
of City Council’s priorities. The Commission should address these same purposes to
address data sharing, access, privacy and other civil rights and civil liberties,
inclusion of expert advice and community input in decision-making involving the
acquisition and use of technology, waste of taxpayer funds, and transparency and
public trust.
Functions and Duties
o AMENDMENT:
Change Paragraph D to read as follows: “Review and advise the City Council on the
procurement standards for and actual contracts and data-sharing
agreements involving Sensitive or Surveillance Technology, as described in the
Privacy Protection and Technology Transparency Policy (Council Policy 112-04)."
o RATIONALE:
The list of functions and duties of the Commission should be laid out explicitly in
the Ordinance, and items the Commission will evaluate should be specified. The
City’s Privacy Task Force intended for the Commission to review actual contracts,
NOT just review and advise on "procurement standards." The Task Force felt that
the Commissioners should review and make recommendations on the speci fic
terms of these “agreements” so that the City Council can oversee and make
informed decisions about acquisitions and use of surveillance technology. [See
attached file for more specific reasons and background on this issue.]
Membership
o AMENDMENT:
Delete or modify the provision regarding nonresidents in order to remove the
preference for nonresidents who “own and operate a business and/or
property.” Instead the provision should state positively that the Commission
membership include representatives of often-marginalized communities and those
historically-targeted by police surveillance.
o RATIONALE:
The current qualifying factor of ownership skews the composition of the
Commission toward nonresidents with higher socioeconomic status by excluding
other nonresidents who may work or study or have other significant connection to
Item 5.5 - Written Communications - Baker
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July 25, 2023 Post Agenda
Chula Vista. This provision contradicts the City’s JEDI goals to be more inclusive. As
currently worded, this membership provision works to the detriment of the goal
to include representatives of often-marginalized communities and those
historically targeted by police surveillance such as immigrants, people of color,
LGBTQ, religious minorities, and political activists.
Meeting frequency and schedule
o AMENDMENT:
Substitute the following language for the current provision: "The Commission’s
meeting schedule shall include at least one regular meeting per month, at the
day, time, and location established by written resolution of the Commission. (Ord.
3435 § 1, 2018).”
o RATIONALE:
The City’s Privacy Policy sets a 60 -day deadline for the Commission to provide its
recommendations to the City Council, making it essential that the Commission
hold regular monthly meetings, at a minimum.
Our recommended language is taken word-for-word from the ordinance that
formed the Human Relations Commission.
o AMENDMENT:
Add the following provision: “The Commission shall set a schedule that prioritizes
surveillance technologies for review, allowing time for informed consideration of
policies and proposals, and for proper public notification and engagement, in order
to fulfill its independent oversight and advisory role for the City Council.”
o RATIONALE:
The timeline and process for proper notification of the Commission and the
general public for proposed acquisitions, uses, policies, and reports must also be
made explicit.
This Ordinance needs to structure the Commission so that it can function as an
effective advisory body with sufficient time to evaluate City staff proposals and
reports, consider community input, and make informed recommendations on ALL
surveillance technology. The current proposed design that sets limits on
Commission meetings and the ability of the Commission to set its own agenda is
fatally flawed and will likely perpetuate the rubber -stamp-type voting by the City
Council. Correct this NOW!
We are NOT comfortable with the Ordinance as it stands, and are counting on you to use our proposed
language in formulating changes to the ordinance PRIOR to the vote on Tuesday. Attached below is the more
complete list of amendments we feel are needed.
Respectfully,
South Bay People Power
July 11, 2023
To: Chula Vista City Council
Item 5.5 - Written Communications - Baker
Page 98 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
From: South Bay People Power
Re: Public Comment on Agenda Item 8.2 – Position Neutral pending Incorporation of Proposed Amendments
South Bay People Power supports formation of a commission to advise our City Council about surveillance
technology & privacy protections. We appreciate our councilmembers’ support & efforts for improvements
to the original ordinance, but feel more work is needed to correct critical omissions & language & to clarify
specific processes for oversight and decision-making. We have studied this second version carefully &
prepared an overview of some of the amendments we feel are essential & a document that shows precisely
more completely what critical changes are still needed.
Chula Vista needs an ordinance that:
1) Empowers the Commission with the time, access, & authority to advise the City Council to make fiscal &
policy decisions regarding privacy protection & surveillance technology;
2) Enables the Commission to fulfill its advisory role to the City Council by setting clear purposes, functions,
membership qualifications, meeting frequency & schedule; &
3) Strengthens community engagement, independent expert advice, & the City Council’s fiscal & policy-
making role regarding technology acquisition, use & oversight.
We cannot emphasize strongly enough how important it is to set explicit & unambiguous provisions in the
ordinance that establishes the commission. Every word matters. Therefore, we encourage you to take the
time to seriously review & incorporate our carefully-worded proposed amendments into a revised Ordinance
Version 3 for consideration at your next meeting.
Thank you.
Sincerely,
Maggi
Margaret A. Baker, DrPH
South Bay People Power promotes social justice through nonpartisan
civic engagement.
Attachment: Overview of Proposed Amendments to the “Alternate” Ordinance
Item 5.5 - Written Communications - Baker
mailto:mbakerdrph
@gmail.com
Page 99 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
July 11, 2023
To: Chula Vista City Council
From: South Bay People Power
Re: Public Comment on Agenda Item 8.2 – Position Neutral pending Incorporation
of Proposed Amendments
South Bay People Power supports formation of a commission to advise our City
Council about surveillance technology & privacy protections. We appreciate our
councilmembers’ support & efforts for improvements to the original ordinance,
but feel more work is needed to correct critical omissions & language & to clarify
specific processes for oversight and decision-making. We have studied this second
version carefully & prepared an overview of some of the amendments we feel are
essential & a document that shows precisely & more completely what critical
changes are still needed.
Chula Vista needs an ordinance that:
1) Empowers the Commission with the time, access, & authority to advise the City
Council to make fiscal & policy decisions regarding privacy protection &
surveillance technology;
2) Enables the Commission to fulfill its advisory role to the City Council by setting
clear purposes, functions, membership qualifications, meeting frequency &
schedule; &
3) Strengthens community engagement, independent expert advice, & the City
Council’s fiscal & policy-making role regarding technology acquisition, use &
oversight.
We cannot emphasize strongly enough how important it is to set explicit &
unambiguous provisions in the ordinance that establishes the commission. Every
word matters. Therefore, we encourage you to take the time to ser iously review &
incorporate our carefully-worded proposed amendments into a revised Ordinance
Version 3 for consideration at your next meeting.
Attachment: Overview of Proposed Amendments to the “Alternate” Ordinance
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OVERVIEW OF PROPOSED AMENDMENTS TO THE “ALTERNATE” ORDINANCE:
Preamble: Need to include the role of community in raising surveillance privacy
issues and policy proposals/ordinances. Current preamble misrepresents the
history that led us to this ordinance. Also, t he current preamble presents very
limited objectives - which is part of the problem with the City's approach to
technology. It fails to acknowledge other important Chula Vista goals and
objectives like the Welcoming America Standards for immigrant protections and
increased community engagement, which were adopted PRIOR to this Sept 2017
Action Plan when Council voted to join the Welcoming America Network and
become a Certified Welcoming City in April 2017.
• Reword the following WHEREAS clauses as follows:
o "WHEREAS, this effort involves ensuring that decisions are made by
elected officials regarding adoption, procurement, or and use of
citywide technology, and that sensitive public personal data, and
identifiable information collected is managed and utilized in a secure,
transparent, and safe way; and”
o WHEREAS, the Policy aims to enhances City operations through
establishment of explicit acquisition, use and impact policies and
procedures to protect privacy and other civil liberties, a more
reliable, secure, and safe city network and data management
process, increased reporting and oversight of citywide technology
systems used by the City, and in order to improved accountability,
transparency and increased public trust; and
• Insert after 4th WHEREAS clause:
o "WHEREAS, the City of Chula Vista has an obligation to protect the
privacy and civil liberties of its diverse communities as it acquires
technologies that establish it as a “smart city;” and
o "WHEREAS, in prior years, the City of Chula Vista Police Department
had transgressed on its responsibility to protect immigrant
community members when it shared sensitive data with
immigration enforcement authorities while using a surveillance
technology, in violation of its Welcoming City status and the spirit
of the California Values Act, which damaged community trust of
city officials; and"
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• Insert before last WHEREAS clause:
o "WHEREAS, the City of Chula Vista Resolution 2022 -238 that
established the City’s Privacy Protection and Technology
Transparency Policy w as adopted with an amendment 'to reflect in
the Purpose section of the policy and the recitals of the resolution
that the City’s concerns with access to sensitive personal data were
heightened by valid community concerns regarding City practices
that invol ved sharing personal information through the use of
technology with the potential for adverse impacts on civil
liberties.’”
• Make other corrections to wording: For example, delete some uses
of “citywide”, change “sensitive public data” to “sensitive private
information or data”, etc.
Purpose and intent: Need for explicit statement of the purpose and intent,
including clarity that this Commission shall work to advance the same purposes
specified in the City's Privacy Protection and Technology Transparency Po licy.
These purposes stated in the Privacy Policy are:
• 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; and
• To build and maintain public trust in the City and its use of technology to
deliver public services.
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• Replace current paragraph which proposes a very limited “purpose” with
this statement based in the City’s Privacy Policy:
o "It is the purpose and intent of the City Council in establishing the
Commission to create an advisory body to advise and make
recommendations to the City Council to advance the purp oses set
forth in the City’s Privacy Protection and Technology Transparency
Policy (Council Policy 112-04).”
• Add the following to further clarify the intent of this ordinance:
o "The City Council establishes the Privacy Commission as an
independent civilian body of representatives with expertise and
experience in technology, privacy, and surveillance. The
commission will serve as an advisory body to the Mayor and City
Council on policies and issues related to privacy and surveillance.
The commission will prov ide advice intended to ensure
transparency, accountability, and public deliberation in the City’s
acquisition and use of surveillance technology. Members of the
Privacy Commission will provide informed recommendations to city
decision-makers, work to educate the public about privacy and
surveillance issues, and serve as a resource for individuals and
organizations who might have concerns about the City’s use of
surveillance technology."
Definitions: Need to clarify terms (e.g., “agreements”, “standards”); and use
correct terms consistently throughout (e.g., “Sensitive Public Data” should
read “Sensitive Personal Information"). Note that the City’s Privacy Protection and
Technology Transparency Policy does set forth definitions fo r all important terms.
Also, we do not endorse all of the definitions in the City’s Privacy Policy which
unfortunately do not align with definitions in our community -proposed
ordinances or the Privacy Task Force recommendations. So there is a need to
review, add and modify definitions in that policy, but for now we recommend
clarifying key terms used in this ordinance.
• Delete the term “Sensitive Public Data" and substitute and consistently use
the term “Sensitive Personal Information” throughout the ordinance.
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• Add a “Definitions” section and/or refer to the Council Policy 112 -04 when
using key terms such as “Sensitive Personal Information”.
Functions and duties: Need to refer to and affirm the purpose set forth in the
City’s new Privacy Protection and Technology Transparency Policy, rather than
invent new language that would limit the scope and diminish the function and
role of this important new and permanent commission. The list of functions and
items the Commission will evaluate needs to be specific and explicit. For
example, the Task Force intended for the Commission to review actual
contracts, NOT just review and advise on "procurement standards" (as
proposed in Item G). The Task Force felt that the Commissioners should review
and make reco mmendations on the specific terms of these "agreements" -
because City staff proposing these agreements are/have not been privacy/tech
experts, and in any case, need oversight. The perfect example of the
importance of this is the City's ALPR contracts with Vigilant Solutions that
allowed data-sharing with federal immigration authorities - for over 3 years,
and even after the CVPD thought they had stopped sharing but didn't have
enough knowledge or curiosity to figure out which agencies were ICE agencies
(e.g., HSI). Also, we (and legal settlements elsewhere in CA support our
assertion) assert that Chula Vista's contract/data -sharing agreement was in
violation of state law AB 34. It was clearly in conflict with our City's own
Welcoming City standard (as was v alidated in communication from Welcoming
America) and violated the community's efforts to attain our City Council's
resolution in support of SB 54. So the Privacy Commission needs to provide its
expert advice to City Council before solicitation and authori zation as a regular
part of the review process for all surveillance -related contracts.
• Within former Paragraph C (now Paragraph F), after the words “City
Council”:
o delete “on the”
o and insert: "prior to adoption of new uses or solicitation or”.
• Change former Paragraph D (now Paragraph G) to read as follows:
o “G. Review and advise the City Council on the procurement
standards for and actual contracts and data-sharing agreements
involving Sensitive or Surveillance Technology, as described in the
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City of Chula Vista City Council
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Privacy Protection and Technology Transparency Policy (Council
Policy 112-04)."
• Add the following provisions to Functions and duties:
o "A. The Commission shall access and review an up-to-date inventory
of all surveillance technologies being used by City departments, and
be informed of any proposed surveillance technologies or new uses
prior to solicitation of funds and proposals or adoption."
o "B. The Commission shall work with City staff to set a schedule that
prioritizes the surveillance technologies to be reviewed , allowing
time for informed consideration of policies, agreements, reports and
proposals, and for proper public notification and engagement, in
order to fulfill its independent oversight and advisory role for the City
Council."
o "C. The Commission shall evaluate all existing surveillance
technologies, new acquisitions, technology-related contracts, uses,
impacts, policies, data-sharing agreements, and reports, and shall
recommend approval, disapproval, or revisions."
o "H. Expand opportunities for public engagement regarding
surveillance policies, reports and proposed acquisition and uses
through regularly-scheduled meetings and other public forums
announced with proper notification to provide information and
gather public input."
o "I. Submit an annual report and recommendations to the City Council
regarding new or revised surveillance use, privacy protections, data
retention, other policies or reports, and any relevant federal, state,
local legislation or emerging studies and best practices."
o "J. Work with City staff and community members to draft language
for consideration by the City Council for a surveillance ordinance
based on best practices and the Chula Vista Privacy and Technology
Advisory Task Force proposals to provide clear, enforceable privacy
protections, procedures, and other rules to govern surveillance
technology acquisition and use in Chula Vista."
Membership:
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• Delete or modify original provision B regarding nonresidents to remove
preference for high socioeconomic status nonresidents vs other
nonresidents who work or study in Chula Vista but may not be property or
business owners. As currently worded, t his membership provision works
to the detriment of the goal to include representatives of often -
marginaliz ed communities and those targeted by police surveillance such
as immigrants, people of color, LGBTQ, religious minorities, political
activists.
• Add the following regarding Qualifications - new provision C:
o “Selections to the Board should reflect the City’s diversity, in
particular to include members of groups historically subject to
disproportionate surveillance, including communities of color,
immigrant communities, religious minorities, and groups concerned
with privacy and protest."
• Add the following regarding Qualifications - new provision D:
o “All members of the Privacy Advisory Commission shall be persons
who have a demonstrated commitment to civil rights and/or privacy
protections through work experience, civic participation and/or
advocacy.”
• Modify wording of revised provision E.1 (former provision C.1) - Change
“sensitive public information” to “Sensitive personal Information/Data” (as
per Task Force definitions/proposed policies).
• Delete last sentence in revised provision E (former provision C):
“Notwithstanding the foregoing….” - Why include this loophole before
there is any problem in finding members to fill the positions?
• Add the following regarding potential Conflicts of Interest - to create a new
provision F:
o “Member qualifications and eligibility shall be in accordance with CV
Charter Article VI, Sect 602, & CVCM Sect. 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 Protection and Technology Advisory Commission.”
• Delete provision G (former provision D). - regarding review of applications
by City Manager; instead use a community panel as per Task Force
recommendations, and to democratize the process to ensure that non -
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profit community groups and the Human Relations Commission have the
opportunity to nominate experts/community members with credibility
working to ensure civil liberties and privacy protections.
Meeting frequency and schedule. Need to structure the Commission so that it
can function as genuine advisory body with ample time to evaluate City staff
proposals and make informed recommendations on ALL surveillance
technology. The current proposed design that sets limits on Commission
meetings and the ability of the Commission to set its own agenda is fatally
flawed, and will likely perpetuate the current rubber -stamp-type voting by the
Council. The Commission must meet on a regular and frequent basis in order to
review all existing surveillance technologies, policies and reports, as well as to
consider with time for proper notification of public meetings all futur e
proposals to acquire or add new uses for city surveillance technologies. With its
focus on technology and public engagement, the Commission should maximize
participation by arranging for “hybrid” virtual as well as in -person participation
in its meetings .
• Substitute the following statement as provision A (which is taken word -
for -word from ordinance that formed the Human Relations Commission)
and delete the statement in the current Alternate Ordinance:
o "The Commission’s meeting schedule shall include at le ast one
regular meeting per month, at the day, time, and location
established by written resolution of the Commission. (Ord. 3435 §
1, 2018).”
• Add this provision B:
o Additionally, the Commission, with its focus on technology, will seek
to maximize participation by both Commissioners and the general
public by arranging for “hybrid” virtual as well as in -person
participation, however possible, to accommodate those who cannot
or prefer not to attend in-person meetings.
• Add this provision C:
o “The Commission shall set a schedule that prioritizes surveillance
technologies for review, allowing time for informed consideration of
policies and proposals, and for proper public notification and
engagement, in order to fulfill its independent oversight and advisory
role for the City Council.”
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ACCESS Our PROPOSED AMENDMENTS to the “Alternate Ordinance" in a
modified “tracking” mode which shows all our proposed
additions/deletions/changes and includes some comments in this Google doc.
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v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Agreement: Approve an Agreement with Winbourne Consulting Inc. to Provide Project Management Services
for the Police Department’s Records Management System
Report Number: 23-0168
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution approving an agreement with Winbourne Consulting Inc. to provide project management
services for the Police Department’s Records Management System.
SUMMARY
The Police Department intends to upgrade its core Records Management System (RMS) and is seeking
professional services to provide expertise and project management services for the effective and timely
upgrade of the system.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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P a g e | 2
DISCUSSION
The Police Department relies on its RMS as the core repository and tracking system for most police
department records, including but not limited to all crime reports, arrest reports, investigative reports and
follow up, vehicle impounds, and more. The existing RMS system is obsolete, inefficient, and past its lifetime.
Reliance on such obsolete RMS technology seriously impedes system reliability, responsiveness to
community needs, and impedes improvements to process efficiency.
The Department seeks a professional services agreement to provide expertise and project management
services to assist the Department with the effective and timely upgrade of the RMS.
Winbourne Consulting provides professional services that are specifically tailored to the unique technology
and project management needs of law enforcement. The Chula Vista Police Department (CVPD) has had a
successful track record with Winbourne starting in 2014 with a major Mobile Data Computer project, a 2016
project to upgrade CVPD’s Computer Aided Dispatch system, and a 2019 project to manage the Department’s
Drone as First Responder program. All previous projects have been highly successful and came in under
budgeted estimates. With their specific expertise and track record of success, Winbourne Consulting, LLC
warrants and represents that it is experienced and staffed in a manner such that it can deliver the services
required to the City for the RMS upgrade project. Winbourne’s deep knowledge of CVPD operational capacity
and needs will be critical to the success of the project.
Because of these reasons, the Police Department is requesting to waive the formal bid requirement and
approve the agreement with Winbourne Consulting to provide expertise and project management services
for the effective and timely upgrade of the RMS as allowed by Chula Vista Municipal Code Section
2.56.110(H)(2).
The Police Department has identified asset seizure funds for this effort, ensuring there is no impact to the
General Fund or other department general operating expenses.
The proposed agreement includes services to be provided through June 30, 2024, with one optional one-year
extension.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The contract amount for the project is not to exceed $63,429.58. Costs for RMS project management services
by Winbourne Consulting Inc. are already included in the fiscal year 2024 adopted budget of the Asset Seizure
fund, resulting in no additional appropriations in the current fiscal year. There is no General Fund impact as
a result of accepting this agreement.
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P a g e | 3
ONGOING FISCAL IMPACT
If the authorized optional extension is agreed to by the parties, associated costs in subsequent fiscal years
will be included in the proposed budget and will be considered as part of the normal budget process.
ATTACHMENTS
1. Agreement with Winbourne Consulting Inc. to provide Project Management Services for Records
Management System
Staff Contact: Assistant Chief Phil Collum, Police Department
Police Chief Roxanna Kennedy, Police Department
Page 111 of 505
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July 25, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
WINBOURNE CONSULTING INC. TO PROVIDE PROJECT
MANAGEMENT SERVICES FOR RECORDS MANAGEMENT
SYSTEM
WHEREAS, the Police Department relies on its Records Management System as the core
repository and tracking system for most police department records, including but not limited to
crime reports, arrest reports, investigative reports and vehicle impounds; and
WHEREAS, the existing Records Management System is obsolete, inefficient, and past its
lifetime; and
WHEREAS, the Police Department is seeking a professional services agreement to provide
expertise and project management services to assist the Department with the effective and timely
upgrade of the Records Management System; and
WHEREAS, because of their specific expertise and track record of success, the Police
Department is requesting to waive the formal bid requirement and approve the agreement with
Winbourne Consulting to provide project management services for the upgrade of the Records
Management System as allowed by Chula Vista Municipal Code section 2.56.110(H)(2); and
WHEREAS, Winbourne Consulting, LLC warrants and represents that it is experienced
and staffed in a manner such that it can deliver the services required to the City in accordance with
the time frames and the terms and conditions of the agreement; and
WHEREAS, the negotiated agreement with Winbourne Consulting, LLC shall have an
initial term through June 30, 2024 with one, one-year optional extension authorized.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Project Management Services Agreement for Records Management System,
between the City and Winbourne Consulting, Inc., in the form presented, with such minor
modifications as may be required or approved by the City Attorney, a copy of which shall be kept
on file in the Office of the City Clerk, and authorizes and directs the City Manager to execute
same.
Presented by Approved as to form by
Roxana Kennedy Jill D.S. Maland
Police Chief Lounsbery Ferguson Altona & Peak
Acting City Attorney
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1 City of Chula Vista Agreement No.:
Consultant Name: WINBOURNE CONSULTING, INC. Rev. 1/17/23
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH WINBOURNE CONSULTING, INC.
TO PROVIDE PROJECT MANAGEMENT SERVICES FOR RECORDS MANAGEMENT SYSTEM
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 WINBOURNE CONSULTING, INC., a Virginia
corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following
facts:
RECITALS
WHEREAS, City’s Police Department (“Department”) intends to upgrade its core Records
Managemement System (“RMS”) to enhance operations and improve services to the community through
modernization, and greater automation and integrationt; and
WHEREAS, City seeks a professional services agreement to provide expertise and project management
services to assist the Department with the effective and timely upgrade of the Records Management System; and
WHEREAS, the parties have worked together satisfactorily for several years on other projects, and this
Agreement was negotiated on the basis of Consultant’s demonstrated competence and qualifications for the
services to be provided, pursuant to Chula Vista Municipal Code section 2.56.110 (A) (1); and
WHEREAS, City has determined that competative bidding was not required because it was impractical
and because the City’s interests were materially better served by contracting with Consultant, a single source
provdier with unique performance capabilities, pursuant to Chula Vista Municipal Code section 2.56.110 (H) (2);
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.]
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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 5 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
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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, subject to Sections 6.1 and 6.2 of
this Agreement, when the Parties have complied with all their obligations hereunder; provided, however,
provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. [Reserved]
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
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.
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3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
(the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
“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
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right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall timely and fully protect, defend,
reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of
action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury,
in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to
any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees,
agents, and contractors, arising out of or in connection with the performance of the Required Services, the
results of such performance, or this Agreement. This indemnity provision does not include any claims,
damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the
Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination
with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or
any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
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4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by
City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more
of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any
judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and
all related legal expenses and costs incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing
Consultant’s obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents
that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or
otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s
subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
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may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first
class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A
to this Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
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
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authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
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or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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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.
WINBOURNE CONSULTING, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Andrew G. Reece MARIA V. KACHADOORIAN
Chief Executive Officer CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jonathan Alegre, Police Department Administrative Services Manager
315 Fourth Avenue, Chula Vista Ca 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
WINBOURNE CONSULTING, INC.
1101 Wilson Boulevard, Sixth Floor, Arlington Va 22209
(703) 584-5350
areece@w-llc.com
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
Perform consulting and project management services to upgrade Records Management System
B. Detailed Description:
Refer to Exhibit D, Winbourne Consulting Proposal to Provide Consulting & Project Management Services
for NicheRMS Implementation for the City of Chula Vista, CA (dated April 5, 2023)
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, 2024 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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12 City of Chula Vista Agreement No.:
Consultant Name: WINBOURNE CONSULTING, INC. Rev. 1/17/23
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
Engagement Executive: $175.00 per hour
Project Manager: $170 per hour
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
June 30, 2024 shall not exceed $63,429.58.
5. Special Provisions:
☐ Permitted Sub-Consultants: None
☐ Security for Performance: None
☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for one additional terms, defined as a one-year increment or June 30, 2025. The City Manager or Director of
Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an
option to extend, each extension shall be on the same terms and conditions contained herein, provided that the
amounts specified in Section 4 above may be increased by up to 0.00% for each extension. The City shall give
written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option
to Extend document.
☐ None
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13 City of Chula Vista Agreement No.:
Consultant Name: WINBOURNE CONSULTING, INC. Rev. 1/17/23
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: None
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14 City of Chula Vista Agreement No.:
Consultant Name: WINBOURNE CONSULTING, INC. Rev. 1/17/23
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3
☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 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: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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Consulting and Project Management Services for the
City of Chula Vista, CA
NicheRMS® Implementation
April 5, 2023
1101 Wilson Boulevard, Sixth Floor
Arlington, VA 22209
(p) (703) 584-5350 • (f) 703.935.1147
www.winbourneconsulting.com
EXHIBIT D
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City of Chula Vista City Council
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
April 5, 2023
City of Chula Vista – Police Department
Attn: Phil Collum, Assistant Chief – Community Engagement
Reference: Consulting & Project Management Services for NicheRMS® Implementation
Assistant Chief Collum,
Winbourne Consulting Inc. is pleased to provide the City of Chula Vista, CA (City) with this
proposal to provide expert consulting services to assist the City in providing project management
services during their implementation of a new Records Management System (RMS). We
understand that it is paramount that the implementation of the new RMS be completed within
the timeframe established by the City.
We also understand that the services include overseeing the implementation and monitoring of
the work performed by the vendor (Niche®) to ensure the vendor remains compliant with
contract requirements.
Winbourne’s Project Manager Kirby Beyer has been working with the City of Chula Vista since
2019. Kirby Beyer is familiar with the operations and nuances of the police department which
will contribute to a successful implementation of the Niche law enforcement records
management software.
We look forward to the opportunity to continue working with the City and the Police Department
on this critical public safety project. Please feel free to contact me with any questions regarding
our proposal.
My contact information is: Office (703) 584-5350, facsimile: (703) 935-1147 and e-mail:
areece@w-llc.com.
Sincerely,
Andrew Reece, CEO
Winbourne Consulting, Inc.
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
Project Understanding and Approach
We understand that the City of Chula Vista is looking for a consulting firm with Public Safety
operational performance expertise, knowledge, and experience, with an industry perspective to
manage the upcoming Niche® RMS implementation.
We have proposed a team with knowledge and expertise in the Public Safety industry, with over
100 years of collective Public Safety industry experience. The proposed individuals are experts in
their field and can provide the City of Chula Vista the project management, RMS vendor
perspective along with subject matter expertise to not only manage the project from start to
finish, but to ensure the implementation of a state -of-the-art RMS solution.
Who We Are
Winbourne Consulting, LLC is recognized worldwide as one of the leading emergency
communications and management systems consulting and project management firms. For
23+years, our firm has served more than 600 public safety agencies in the United States and more
than 20 countries. We provide clients with operations improvement, strategic planning, system
requirements development, technology selection and installation, cybersecurity, and smart city
design, project management, and implementation services.
Founded 2000
Small, Minority-
Owned Business
Served 600
Public Safety &
Justice Clients
1st Office in
Washington, DC,
Metropolitan
Police HQ
International
Recognition:
Projects in 20+
Countries
Deep Bench of
Subject Matter
Experts (SMEs)
Our firm works as public safety Project Managers (PMs) and Subject Matter Experts (SMEs). Our
structure adheres to a flat, matrix-based approach to overall management and communication.
A management committee manages the firm on an ongoing basis with four business units: 9 -1-
1 Services and Emergency Communications, Mission Critical Facilities, Digital Evidence and Body
Worn Cameras and Big Data-related services.
Winbourne Consulting is a privately owned company incorporated in Delaware in 2000.
Winbourne is an independent public safety consulting firm and, as such, is not engaged in or
associated with the business of selling, servicing, or renting public safety and related systems.
We are vendor-neutral and are not affiliated with any hardware or software vendors. We are
familiar with the capabilities of all top -tier vendors along with many other vendors in the public
safety and emergency management market space.
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
Technology Planning &
Implementation
▪ Technology Assessment
▪ Functional Requirements
▪ Technical Requirements
▪ System Procurement
▪ Vendor Implementation
Operations and Staffing
Assessment
▪ Process Optimization Analysis
▪ Staffing Needs
▪ Policies and Procedures
▪ Best Practice Gap Analysis
Next Generation 911
(NG911)
▪ NG911 Design
▪ NG911 Procurement
▪ Vendor Implementation
▪ Financial Analysis
Consolidation and
Governance Planning
▪ Consolidation and
Deconsolidation Plans
▪ Identify Stakeholder Need
▪ Governance Agreement
▪ Governance Structure
▪ Cost Sharing Analysis
Strategic Planning
▪ Current State Assessment
▪ Visioning and Objectives
▪ Future To-Be Modeling
▪ Cost Analysis
Big Data and Analytics
▪ Assess and Identify Data
▪ Analytics Solutions
▪ Common Data Platform
▪ Data Quality Assurance
Body Worn Cameras and
Digital Evidence
▪ Technology Requirements
▪ Policies and Procedures
▪ Procurement Support
▪ Cost Analysis
Network Planning and
Design
▪ Assess PSAP Readiness
▪ Oversee Testing
▪ Oversee Implementation
▪ Bandwidth Analysis
▪ Connectivity Analysis
Radio Technology
▪ System Design
▪ All Radio Technologies
▪ Broadband Network
▪ Radio Tower and Standards
▪ Radio Coverage Study
311/Customer Relationship
▪ Management
▪ Needs Assessment
▪ Technology Requirements
▪ Business Planning
▪ Procurement
▪ Vendor Implementation
Cybersecurity
▪ Cyber Response Plan
▪ Cyber Monitoring and
Vulnerability Assessments
Mission Critical Facility
Design
▪ Technology Consulting to A&E
▪ Technology Fit-Out and Test
▪ Space Planning, Design and
Specifications Documents
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
U.S. Public Safety and Justice Clients
Our U.S. clients include the City of Virginia Beach, VA;
State of Hawaii; State of California; State of Connecticut;
Washington, DC; New York City; Los Angeles; Las Vegas;
Boston; Cleveland; Milwaukee City and County; and
Miami-Dade County. The projects range from operational
assessments, consolidations, and de-consolidations,
developing technical and functional requirements for
systems such as Computer Aided Dispatch (CAD), mobile
computing, records management systems to
implementing court records systems, body-worn cameras, and NG911 solutions for entire states
and regions.
International Clients
Internationally, Winbourne has worked on public safety, emergency management, network
design, and smart city projects in more than 20 countries, including Indonesia, Jordan, Vietnam,
Philippines, India, Turkey, UAE, Iraq, Mexico, Chile, Panama, Jamaica, Mexico, Canada, Ukraine,
Poland, Romania, and Bulgaria.
Winbourne is currently managing a smart city project in Ho
Chi Minh City, Vietnam. Our current project, the Intelligent
Operations Center (or IOC) project, builds on our 2018-
2019 project to design the Integrated Emergency
Communications System or IECS for the city. The technical
assistance project will advance the goals of the IECS project
as well as prepare the groundwork for implementing a
technical and operational smart city solution.
The quality of our client services is measured annually
through client satisfaction surveys. Our firm has maintained a 99% Highly Satisfied rating from
our clients for the past 16 years. It is important we know from our customers if we are doing a
good job. We send them a survey with 7 to 10 questions such as: “How would you rate the overall
quality of Winbourne Consulting in completing this project?” We are proud to maintain thi s high
satisfaction rating. This is a clear indication of the relationships we build with each client, helping
them solve their problems collectively.
Our headquarters is located at 1101 Wilson Blvd, 6th Floor, Arlington, VA 22209 USA. Our website
is www.winbourneconsulting.com.
“I have used Winbourne Consulting
consistently on major New York City
projects over the past decade because
they are admirably competent and
dependable at a competitive cost.”
— Annette Heintz, Deputy Commissioner,
Special Projects, New York City
Department of Information
Technology and Telecommunications
The Ho Chi Minh City project brings
together a variety of data types
and sources, including intelligent
transport management systems,
public safety, public health, and
citizen service requests.
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
Experienced Project Team
Our proposed team has specialized skills and experience in public sector financial systems, court
systems, Computer Aided Dispatch systems, Records Management Systems, Radio and
Telephony Systems, Networks/Communications and Geographic Information Systems. Below is
a synopsis of the team members’ backgrounds.
Project Executive and Quality Assurance—Andrew Reece, CEO, PMP, ILTL
Andrew is PMP and ITIL certified and has over 30 years of experience in managing the
improvement of complex public safety and broader governmental operations in the public safety
arena. He specializes in strategic planning, business process design, business process
improvement, and organizational design and realignment. Specifically, he has a broad knowledge
of government operations, including finance and budget, technology and systems, and their
impact on business process and organization structure. He has worked extensively planning and
implementing complex information technology, network, and communications systems,
including many of the nation’s largest public safety technology and communications projects.
Primary Project Manager—Kirby Beyer
Mr. Beyer has worked with the City of Chula Vista on the implementation of their Motorola
PremierOne® CAD system and provided project management services for the Drone as a First
Responder Program.
He has over (31) years of law enforcement experience with the San Diego County Sheriff’s
Department, retiring as an Assistant Sheriff. He has extensive experience in the management and
implementation of Public Safety applications particularly in the areas of Computer Aided
Dispatch, Records Management, Mobile and Field Reporting and Jail Management Systems. He
has managed needs assessments, requirements, RFPs, vendor selections and contract
negotiations for CAD/Mobile, jail management and records management systems. He has also
led and mentored large development and implementation teams of engineers and subject matter
experts providing public safety solutions including jail management systems, large regional
records management systems and regional sex offender management systems.
Deep Bench of Subject Matter Experts
In addition to the above-mentioned staff, our project team can call on a wide variety of subject
matter experts to supplement specific requirements.
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City of Chula Vista City Council
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
Project Management Methodology
Winbourne Consulting is professionally qualified and acquainted with th e challenges and
types of services required to oversee and manage public safety software replacement
successfully. Key success factors for this project are successful procurement, implementation,
and improved operational effectiveness.
Our firm and employees adhere to the Project Management Institute’s processes and
practices for all public safety projects. As shown below, we will develop a project plan and
schedule to establish project phases and milestones and include processes consistent with
PMI practices.
Depending on the needs of the project, our Project Management Plan includes a project
charter, a project organization diagram, an explanation of the project methodology, a
synopsis of the problems faced by the client’s management and staff t hat the new system
should resolve, scope definition, project schedule, resource plan, budget, communications
plan, stakeholder management plan, risk and mitigation plan, and other documents as
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City of Chula Vista City Council
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Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
needed. The project schedule includes activities required to su ccessfully complete all work
under the contract between the City of Chula Vista and Winbourne Consulting.
Risk Management
Risk Management is tightly coupled with our quality management planning. It provides
qualitative (priority), and quantitative (impact) assessments of risks associated with our
proposed solutions and the risks inherent to executing the requirements of the SOW. The
schedule will be evaluated, and a critical path plan will be created to document tasks to be
completed, identify risks and their potential impacts, and assign priorities and mitigation
plans. Risk assessment and mitigation plans will be created for the planning and
implementation phases to ensure the project remains on the planned path. To monitor and
manage risks, the following will be used:
• Risk, issue, and change logs to be used in all phases of the project
• Creation of a stakeholder list and documentation of communications regarding risks
and their consequences
• Regularly scheduled project stakeholder status meetings and weekly and monthly
summary reports that will include risks identified, risk consequences, mitigation
planning and integration with work planned, work accomplished, schedule, and
other project- related issues
• Regularly scheduled status reports
• Electronic project risk reporting and retention of key documentation through a
project Web page, use of tools like SharePoint, and e-mail
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City of Chula Vista City Council
July 25, 2023 Post Agenda
Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
Scope of Services
Winbourne Consulting will provide consulting and project management services during the
upcoming Niche® RMS Implementation, per the existing NICHE® Integration/Implementation
2019-2024 Guidelines document.
Project Timeline
Our proposed team has a vast Public Safety knowledge and experience to draw upon in
completing the requested Public Safety implementation of the selected RMS solution.
The project timeline has been dictated by the selected vendor (Niche®) and Winbourne
Consulting will manage to that schedule. It is our belief that the proposed vendor schedule is very
aggressive and not realistic. Once engaged, Winbourne can assess the full scope of work and
determine a true and accurate schedule to work from.
Cost Proposal
Winbourne Consulting is pleased to provide our cost proposal for the RMS implementation
project. Our Cost Proposal is based on our experience in conducting similar tasks with Public
Safety and Information Technology clients, including Chula Vista’s recent CAD implementation.
Winbourne Consulting’s Cost Proposal is based upon the agreed to level of effort, associated
expenses, and the mix of resources required to complete the tasks defined in scope of work
issued under this contract. Our total project prices are inclusive of all time, materials, and other
expenses necessary for full completion of the Scope of Work within the project time frame.
The total Cost Proposal is a firm fixed price and is based on a total project period of performance
of up to 16 months and/or up to a level of effort of 368 personnel hours.
If the project exceeds the above period of performance or level of effort for any portion of the
implementation, Winbourne will work with the City to identify remaining tasks and develop a
Quote for submission of a Change Order to complete the project.
Winbourne will submit invoices of actual time worked on a monthly basis throughout the project,
starting on the first day of the month after the Effective Date of an executed contrac t.
The following is our cost proposal summary.
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City of Chula Vista City Council
July 25, 2023 Post Agenda
Winbourne Consulting Proposal to Provide Consulting & Project Management Services for
NicheRMS® Implementation for the City of Chula Vista, CA
RMS Implementation Cost Proposal
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City of Chula Vista City Council
July 25, 2023 Post Agenda
We look forward to working with you. Please
contact us with any questions.
Kirby Beyer, Senior Consultant
kbeyer@w-llc.com
According to our recent client
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v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Grant Award: Accept a Grant from Michelson Philanthropies Through the California Animal Welfare
Funders Collaborative to Provide Animal Care Services, and Appropriate Funds
Report Number: 23-0171
Location: No specific geographic location
Department: Animal Services
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution accepting a grant award from Michelson Philanthropies through the California Animal
Welfare Funders Collaborative in the amount of $10,000 to provide preventative surrender services at the
Animal Care Facility and appropriate funds for that purpose. (4/5 Vote Required)
SUMMARY
The Animal Care Facility has received a grant award from Michelson Philanthropies through the California
Animal Welfare Funders Collaborative in the amount of $10,000 to provide services to 80 cats and 350 dogs
to prevent surrender due to the inability to provide care and reduce the number of incoming puppies and
pregnant females at the Chula Vista Animal Care Facility. This grant award needs to be accepted and
appropriated in the Fiscal Year 2023/24 Budget. Staff requests that $10,000 be appropriated to the Other
Expenses category in the Other Grant Funds; this appropriation is fully offset by grant revenues.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
Page 138 of 505
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July 25, 2023 Post Agenda
P a g e | 2
fiscal/administrative activity which does not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The Chula Vista Animal Care Facility received a grant from Michelson Philanthropies through the California
Animal Welfare Funders Collaborative in the amount of $10,000. These funds will be used to provide services
to 80 cats and 350 dogs to prevent surrender due to the inability to provide care and reduce the number of
incoming puppies and pregnant females for the benefit of the animals at the Chula Vista Animal Care Facility.
This grant award needs to be accepted and appropriated in the Fiscal Year 2023/24 Budget. Staff requests
that $10,000 be appropriated to the Other Expenses category in the Other Grant Funds; this appropriation is
fully offset by grant revenues.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of the resolution will accept a grant award from Michelson Philanthropies through the California
Animal Welfare Funders Collaborative in the amount $10,000 and authorize an appropriation in both
revenue and expenditures in the amount of $10,000 to the Other Grants Fund in the Fiscal Year 2023/2024
Budget, resulting in no net fiscal impact.
ONGOING FISCAL IMPACT
Adoption of this resolution will have no ongoing fiscal impact to the Other Grants Fund.
ATTACHMENTS
None
Staff Contact: Eric C. Crockett, Deputy City Manager
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City of Chula Vista City Council
July 25, 2023 Post Agenda
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM MICHELSON
PHILANTHROPIES THROUGH THE CALIFORNIA ANIMAL
WELFARE FUNDERS COLLABORATIVE AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Chula Vista Animal Care Facility applied for and was awarded a grant
through the California Animal Welfare Funders Collaborative; and
WHEREAS, the Animal Care Facility will use these funds to provide services to cats and
dogs to prevent surrender due to the inability to provide care and reduce the number of incoming
puppies, kittens, and pregnant females at the Chula Vista Animal Care Facility; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts the grant from Michelson Philanthropies through the California Animal Welfare
Funders Collaborative and approves an appropriation of $10,000 to the Other Expense Category
in the Other Grants Fund in the Fiscal Year 2023/24 Budget to be offset by grant revenue.
Presented by Approved as to form by
Eric C. Crockett Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Grant Award and Agreements: Accept a Grant and Approve an Agreement with the California Board of State
and Community Corrections, Approve Agreements with SBCS Corporation and SANDAG for the Public Health
and Safety Grant Program, and Appropriate Funds
Report Number: 23-0178
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt resolutions: (A) Accepting $2,708,250 in grant funds from the California Board of State and
Community Corrections for the Proposition 64 Public Health and Safety Grant Program and appropriating
$622,877 to the Fiscal Year 2023-24 Police Grants Section of the State Grants Fund; (4/5 Vote Required)
(B) Approving Agreement Number BSCC 945-22 with the Board of State Community Corrections for the
Proposition 64 Public Health and Safety Grant Program; and (C) Approving agreements with SBCS
Corporation and SANDAG for the Proposition 64 Public Health and Safety Grant Program.
SUMMARY
On April 19, 2023 the Police Department received notice of a $2,708,250 award of the California Board of
State and Community Corrections (“BSCC”) Proposition 64 Public Health and Safety Cohort 3 grant. The
award has been granted to continue the robust program funded by the Cohort 2 grant. In partnership with
the City’s code enforcement team, South Bay Community Services (SBCS) and San Diego Association of
Governments (SANDAG), the Police Department will monitor licensed/legal cannabis dispensaries, identify
and mitigate illegal dispensaries, continue its youth, parent and community education program, and enhance
its youth diversion program for the City. Staff requests that the City Council accept $2,708,250 in grant funds
from the California Board of State and Community Corrections for the Proposition 64 Public Health and
Safety Grant Program and appropriate $622,877 to the Fiscal Year 2023-24 Police Grants section of the State
Grants Fund; this appropriation is fully offset by grant revenues.
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P a g e | 2
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
In May 2021, the Police Department received Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant
Program funding in the amount of $1,000,000 (over a three-year project period) to address local impacts due
to the legalization of adult-use recreational cannabis in California. The Prop 64 PH&S grant is funded through
the California State and Local Government Law Enforcement Account and administered by the BSCC. In
December 2022, the Police Department applied for another round of Prop 64 PH&S funding and received
notice of $2,708,250 funding to cover a five-year period.
This award will provide funding to address impacts in Chula Vista surrounding monitoring of licensed/legal
cannabis dispensaries, identification and removal of illegal dispensaries, and implementation of programs
aimed at youth prevention and education, parent and community education, and preventing sales to minors
by either legal or illegal cannabis dispensaries. Funding has been granted for salaries and benefits of a police
officer (assigned to the Special Investigations Unit of the Police Department) to oversee the program and
grant, review license applications and serve as a liaison with the community. Additionally, overtime is
funded for police personnel to assist in conducting inspections of facilities and decoy operations . Grant
funding has also been allocated for vehicle trackers, button cameras, investigation laptops, body armor,
covert investigation vehicle upgrades, a new detective vehicle, covert vehicle cameras and officer training.
Furthermore, contractual services with SBCS for youth development, prevention and intervention services,
and with SANDAG to perform grant program evaluation are included in the grant funds.
Four goals have been identified in Chula Vista’s Prop 64 PH&S grant funding:
1) Decrease the use of marijuana among at-risk youth.
2) Increase parents’ and other community members’ knowledge of the risks of marijuana use and
dangers associated with illegal recreational dispensaries.
3) Ensure licensed/legal dispensaries comply with local laws and regulations.
4) Reduce the number of illegal commercial cannabis entities operating in the City of Chula Vista.
The Prop 64 PH&S award covers the 5-year project period of May 1, 2023 to April 30, 2028. When the project
activity period ends on April 30, 2028, the 6-month period of May 1, 2028 to October 31, 2028 is for
completion of Final Local Evaluation Report (conducted by SANDAG).
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P a g e | 3
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of Resolution A accepts $2,708,250 in grant funds from the Board of State and Community
Corrections for the Proposition 64 Public Health and Safety Grant Program. As outlined in the chart below,
there is an appropriation of $622,877 to the fiscal year 2023-24 budget for year 1 of the 5-year grant period.
CATEGORY FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 5-YEAR TOTAL
Officer Salaries and Benefits $32,458 $180,741 $189,778 $199,267 $176,771 $779,015
Overtime $101,093 $78,825 $78,825 $78,825 $78,825 $416,393
Diversion/Intervention (SBCS) $84,835 $171,356 $175,468 $182,624 $190,019 $804,302
Program Evaluation (SANDAG) $87,135 $37,755 $37,755 $37,755 $37,755 $6,845 $245,000
Travel & Training $10,000 $10,000 $10,000 $10,000 $10,000 $50,000
Update/Repair Covert Inv. Vehicle $85,000 $85,000
Level 3 Body Armor $50,000 $50,000
Vehicle Trackers, Cameras, Laptops $67,000 $67,000
Detective Vehicle $50,000 $50,000
Covert Vehicle Cameras $42,000 $42,000
Indirect Costs $13,356 $25,956 $26,860 $27,809 $25,559 $119,540
TOTAL BSCC FUNDING $622,877 $504,633 $518,686 $536,280 $518,929 $6,845 $2,708,250
Fiscal Impact - Officer Salaries and
Benefits after 4/30/2028 $32,458 $209,229
Specifically, there is a current-year appropriation of $133,551 to the personnel category, $383,970 to the
supplies and services category, $13,356 to the other category and $92,000 to the capital category of the FY
2023-24 Police Grants section of the State Grants Fund. The funding from the BSCC will completely offset
these costs, resulting in no net fiscal impact to the General Fund.
ONGOING FISCAL IMPACT
Because the grant period covers multiple fiscal years, subsequent budgets will include allocations as outlined
in the chart above.
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P a g e | 4
Personnel costs for the Peace Officer beyond the grant period (ending 4/30/2028) are contingent upon
additional grant funding or available City funds. To retain this Officer position, the estimated fiscal impact is
$32,458 in FY 2027-28, and $209,229 in FY 2028-29.
ATTACHMENTS
1. Agreement with BSCC for Proposition 64 Public Health & Safety Grant Program Cohort 3
2. Agreement with SBCS Corporation
3. Agreement with San Diego Association of Governments (SANDAG)
Staff Contact: Jonathan Alegre, Police Department
Police Chief, Roxana Kennedy
Page 144 of 505
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July 25, 2023 Post Agenda
STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICE:3
STANDARD AGREEMENT
STD 213 (Rev 03/2019)
SCO ID: 5227-BSCC94522
AGREEMENT NUMBER
BSCC 945-22
PURCHASING AUTHORITY NUMBER (If Applicable)
BSCC-5227
1. This Agreement is entered into between ,:he Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
BOARD OF ST ATE AND COMMUNITY CORRECTIONS
CONTRACTOR NAME
CITY OF CHULA VISTA
2. The term of this Agreement is:
ST ART DATE
MAY I 2023
THROUGH END DATE
OCTOBER 3"l, 2028
3. The maximum amount of this Agreement is:
$2,708,250.00
4. The parties agree to comply with the terms and conditions or the following exhibits and attachments, which are
by this reference made a part of the Agreement.
EXHIBITS TITLE PAGES
Exhibit A Scope of Work 4
Exhibit B Budget Detail and Payment Provisions 5
Exhibit C General Terms and Conditions (04/fi017)4
Exhibit D Special Terms and Conditions 5
Attachment 4 "Proposition 64 Public Health & Safety (Prop 64 PH&S) Grant Request for Proposals *
Attachment 2 Proposition 64 PH&S Grant Program Cohort 3 Application for Funding 23
Appendix A Proposition 64 PH&S Grant Program Cohort 3 Scoring Panel Roster 1
Appendix B Criteria for Non-Governmental Organizations Receiving BSCC Funds (attached separately)2
" This item is hereoy incorporated by reference and can be viewed at:
http://www.bscc.ca.qov/proposition-64-public-health-safety-qrant-proqram/
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
(,ONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.)
CITY OF CHULA VISTA
CONTRACTOR BUSINESS ADDRESS
315 Fourth Avenue
CITY
Chula Vista
STATE
CA
ZIP
91910
PRINTED NAME OF PERSON SIGNING
ROXANA/f%ENNEDY
TITLE
Chief of Police
t;Nlz%rAuT,U.1,:_,1)9,DATESIG,A72- 7-/x. *_,L, 3_
4 " ')a - /i trore OF CALIFORNIA ' - -
CONTRACTING AGENCY NAME'
BOARD OF STATE AND COMMUNITY CORRECTIONS
CONTRACTING AGENCY ADDRESS
2590 Venture Oaks Way, Ste 200
CITY
Sacramento
STATE
CA
ZIP
95833
PRINTED NAME OF PERSON SIGNING
RICARDO GOODRIDGE
TITLE
Deputy Director
CONTRACTING AGENCY AUTHORIZED SIGNATURE
n
DATE SIGNED
CALIFORNIADEPARTMENTOFGENERALSERVICESAPPROVAL: EXEMPTPERSCM,VOLuMEi,CH.4.06
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EXHIBIT A
SCOPE OF WORK
City of Chula Vista
BSCC 945-22
Page 1 of 4
1. GRANT AGREEMENT - Proposition 64 Public Health & Safety Grant
This Grant Agreement is between the State of California, Board of State and Community
Corrections (hereafter referred to as BSCC) and City of Chula Vista (hereafter referred to as
the Grantee).
2. PROJECT SUMMARY AND ADMINISTRATION
A. The Prop 64 PH&S Grant Program is funded by a portion or tax revenue generated from
the cultivation and retail sale of legal adult-use cannabis or cannabis products.
$150,000,000 is available from the combination of the Fiscal Year 2023-24 State Budget
appropriation and prior fiscal year Budget Act appropriations for local assistance grants
for the Proposition 64 Public Health and Safety (Prop 64 PH&S) Cohort 3 Grant Program,
administered by the BSCC.
The purpose of this grant program is to fund projects that assist with law enforcement
efforts, fire protection efforts, or other local projects addressing public health and safety
associated with the implementation of the Control, Regulate and Tax Adult Use of
Marijuana Act (AUMA)
B. Grantee agrees to administer the project in accordance with Attachment 1 : Proposition
64 PH&S Grant Program Cohort 3 Request for Proposals (incorporated by reference) and
Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding
which is attached and hereto and made part of this agreement.
3. PROJECT OFFICIALS
A. The BSCC's Executive Director or designee shall be the BSCC's representative for
administration of the Grant Agreement and shall have authority to make determinations
relating to any controversies that may arise under or regarding the interpretation,
performance, or payment for work performed under this Grant Agreement.
B. The Grantee's project officials shall be those identified as follows:
Authorized Officer with legal authority to sign:
Name: Roxana Kennedy
Title: Chief of Police
Address: 315 Fourth Avenue, Chula Vista, CA 91910
Phone: 619-691-5150
Email: pdgrants@chulavistapd.org
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EXHIBIT A
SCOPE OF WORK
City of Chula Vista
BSCC 945-22
Page 2 of 4
Designated Financial Officer authorized to receive warrants:
Name: Yeelin Cheung
Title: Principal Management Analyst
Address: 315 Fourth Avenue, Chula Vista, CA 91910
Phone: 619-691-5"l28
Email: ycheung@chulavistapd.org
Project Director authorized to administer the project:
Name: Frank Giaime
Title: Police Lieutenant
Address: 315FourthAvenue,ChulaVista,CA91910
Phone: 619-476-2344
Email: fgiaime@chulavistapd.org
C. Either party may change its project representatives upon written notice to the other party.
D. By signing this Grant Agreement, the Authorized Officer listed above warrants that they
have full legal authority to bind the entity for which they sign.
4. DATA COLLECTION
Grantees will be required to comply with all data collection and reporting requirements as
described in Attachment 1 : Prop 64 PH&S Grant Program Cohort 3 Request for Proposals
and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.
5. REPORTING REQUIREMENTS
A. Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These
reports, which will describe progress made on program objectives and include required
data, shall be submitted according to the following schedule:
Progress Report Periods
1. May 1, 2023 to June 30, 2023
2. July 1, 2023 to September 30, 2023
3. October 1, 2023 to December 31, 2023
4. January 1, 2024 to March 31, 2024
5. April 1, 2024 to June 30, 2024
6. July 1, 2024 to September 30, 2024
7. October 1, 2024 to December 31, 2024
8. January 1, 2025 to March 31, 2025
9. April 1, 2025 to June 30, 2025
10.July 1, 2025 to September 30, 2025
Due no later than:
August 15, 2023
November 15, 2023
February 15, 2024
May 15, 2024
August 15, 2024
November 15, 2024
February 15, 2025
May 15, 2025
August 15, 2025
November 15, 2025
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EXHIBIT A
SCOPE OF WORK
41. October 1, 2025 to December 31, 2025
12.January 1, 2026 to March 31, 2026
13.April 1, 2026 to June 30, 2026
'l 4. July 1, 2026 to September 30, 2026
15. October I 2026 to December 31, 2026
16.January 1, 2027 to March 31, 2027
I 7.April 'l, 2027 to June 30, 2027
18. July 1, 2027 to September 30, 2027
19. October 1, 2027 to December 31, 2027
20.January 5, 2028 to March 31, 2028
21.April 1, 2028 to April 30, 2028
City or Chula Vista
BSCC 945-22
Page 3 of 4
February 15, 2026
May 15, 2026
August 15, 2026
November 15, 2026
February 15, 2027
May 15, 2027
August 15, 2027
November 15, 2027
February 15, 2028
May 15, 2028
June 15, 2028
Note: Service delivery period ends April 30, 2028. The period of May 1, 2028 to October 31,
2028 is for completion of Local Evaluation Report and financial audit only.
B. Evaluation Documents
1. Local Evaluation Plan
2. Final Local Evaluation Report
C. Other
Financial Audit
Due no later than:
September 30, 2023
October 31, 2028
Due no later than:
October 31, 2028
Grantees shall submit all other reports and data as required by the BSCC.
6. PROJECT RECORDS
A. The Grantee shall establish an official file for the project. The file shall contain adequate
documentation of all actions taken with respect to the proje,ct, including copies of this
Grant Agreement, approved program/budget modifications, financial records and
required reports.
B. The Grantee shall establish separate accounting records and maintain documents and
other evidence sufficient to properly reflect the amount, receipt, and disposition of all
project funds, including grant funds and any matching funds by the Grantee and the total
cost of the project. Source documentation includes copies of all awards, applications,
approved modifications, financial records, and narrative reports.
C. Personnel and payroll records shall include the time and attendance reports for all
individuals reimbursed under the grant, whether they are employed full-time or part-time.
Time and effort reports are also required for all subcontractors and consultants.
D. The grantee shall maintain documentation of donated goods and/or services, including
the basis for valuation.
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City of Chula Vista
BSCC 945-22
Page 4 of 4
EXHIBIT A
SCOPE OF WORK
E. Grantee agrees to protect records adequately From fire or other damage. When records
are stored away from the Grantee's principal office, a written index of the location of
records stored must be on hand and ready access must be assured.
F. All Grantee records relevant to the project must be preserved a minimum of three (3)
years after closeout of the grant project and shall be subject at all reasonable times to
inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the
BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the
records has been started before the expiration or the three-year period, the records must
be retained until the completion of the action and resolution of all issues which arise from
it or until the end of the regular three-year period, whichever is later.
7. CONFLICT OF INTEREST
A. Existing law prohibits any grantee, subgrantee, partner or like party who participated on
the Prop 64 PH&S Cohort 3 Scoring Panel (See Appendix A) from receiving funds
awarded under the Prop 64 PH&S Cohort 3 RFP. Applicants who are awarded grants
under this RFP are responsible for reviewing the Prop 64 PH&S Cohort 3 Scoring Panel
membership roster (see Appendix A) and ensuring that no grant dollars are passed
through to any entity represented by the members of the Prop 64 PH&S Cohort 3 Scoring
Panel.
B. In cases of an actual conflict of interest with a Prop 64 PH&S Cohort 3 Scoring Panel
member, the Board may revoke the grant award and legal consequences could exist For
the parties involved, including, but not limited to, repayment of the grant award.
8. FINANCIAL AUDIT
Grantees are required to provide the BSCC with a financial audit no later than the end of the
contract term, October 31, 2028. The financial audit shall be performed by a Certified Public
Accountant or a participating county or city auditor that is organizationally independent from
the participating county's or city's project Financial management functions. Expenses for this
final audit may be reimbursed for actual costs up to $25,000.
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BSCC 945-22
Page 1 of 5
EXHIBIT B
BUDGET DET AIL AND PAYMENT PROVISIONS
1. INVOICING AND PAYMENTS
A. The Grantee shall be paid quarterly in arrears by submitting an invoice (Form 20'l)
to the BSCC that outlines actual expenditures claimed for the invoicing period.
Quarterly Invoicing Periods:
1. May 1, 2023 to June 30, 2023
2. July 12023 to September 30, 2023
3. October 1, 2023 to December :31, 2023
4. January 1, 2024 to March 31 2024
5. April 1, 2024 to June 30, 2024
6. July 1, 2024 to September 30, 2024
7. October 1, 2024 to December 31, 2024
8. January 1, 2025 to March 31 2025
9. April 1, 2025 to June 30, 2025
10. July 1, 2025 to September 30, 2025
41. October 1, 2025 to December 31, 2025
12.January 'I, 2026 to March 31, 2026
13.April 1, 2026 to June 30, 2026
14.July 1, 2026 to September 30, 2026
15. October 1, 2026 to December 31, 2026
l6.January 1, 2027 to March 31, 2027
17. April 1, 2027 to June 30, 2027
18. July 1, 2027 to September 30, 2027
19. October 1, 2027 to December 31, 2027
20.January 1, 2028 to March 31, 2028
21. April 'l, 2028 to April 30, 2028
Final Invoicing Periods*:
1. May 1, 2028 to June 30, 2028
2. July 1, 2028 to October 31, 2028
Due No Later Than:
August 15, 2023
November 15, 2023
February 'l 5, 2024
May 15, 2024
August 15, 2024
November 15, 2024
February 15, 2025
May 'I 5, 2025
August 15, 2025
November 15, 2025
February 15, 2026
May 15, 2026
August 15, 2026
November 15, 2026
February 15, 2027
May 15, 2027
August 15, 2027
November 'I 5, 2027
February 15, 2028
May 15, 2028
June 15, 2028
Due no later than:
August 15, 2028
December 15, 2028
"Note: Service delivery period ends April 30, 2028. The period of May 1, 2028 to October
31, 2028 is for completion of Local Evaluation Report and financial audit only.
B. All grant project expenditures (excluding costs associated with the completion of the
Final Local Evaluation Report and the financial audit) must be incurred by the end
or the grant project service period, April 30, 2028, and included on the Final invoice
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City of Chula Vista
BSCC 945-22
Page 2 of 5
EXHIBIT B
BUDGET DET AIL AND PAYMENT PROVISIONS
due no later than June 15, 2028. Project costs incurred after April 30, 2028 will not
be reimbursed/eligible for contribution.
C. The Final Local Evaluation Report is due to BSCC by October 31, 2028.
Expenditures incurred solely for the completion of the Final Local Evaluation Report
during the period of May 1, 2028 to October 31, 2028 must be submitted during the
Final Expenditure Periods, with the final invoice due no later than December 15,
2028. Supporting fiscal documentation will be required for all expenditures claimed
during the Final Invoicing Periods and must be submitted with the final invoice.
D. The financial audit is due to BSCC by October 31, 2028. Expenditures incurred
solely for the completion of the financial audit during the period of May 1, 2028 to
October 31, 2028 must be submitted during the Final Expenditure Periods, with the
final statement of expenditure due no later than December 15, 2028. Supporting
fiscal documentation will be required for all expenditures claimed during the Final
Invoicing Periods and must be submitted with the final invoice.
E. Grantee shall submit an invoice to the BSCC each invoicing period, even if grant
funds are not expended or requested during the invoicing period.
F. Supporting documentation must be submitted for expenditures upon BSCC's
request. All supporting documentation must be maintained by the grantee on site
and be readily available for review during BSCC site visits.
2. GRANT AMOUNT AND LIMIT ATION
A. In no event shall the BSCC be obligated to pay any amount in excess or the grant
award. Grantee waives any and all claims against the BSCC, and the State of
California on account of project costs that may exceed the sum of the grant award.
B. Under no circumstance will a budget item change be authorized that would cause
the project to exceed the amount of the grant award identified in this Grant
Agreement.
3. BUDGET CONTINGENCY CLAUSE
A. This grant agreement is valid and enforceable only if sufficient funds are made
available through the Proposition 64 Initiative (the Control, Regulate and Tax Adult
Use of Marijuana Act) via the State and Local Government Law Enforcement
Account. On or before July 1 5th of each fiscal year, the State Controller shall deposit
funds derived from Proposition 64 taxes into the State and Local Government Law
Enforcement Account pursuant to Revenue and Taxation Code section 34019,
subdivision (f)(3). The grantee agrees that the BSCC's obligation to pay any sum to
the grantee under any provision of this agreement is contingent upon the availability
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City of Chula Vista
BSCC 945-22
Page 3 of 5
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
of sufficient funding made available to the BSCC pursuant to Revenue and Taxation
Code section 34019, subdivision (f)(3)(C).
B. If Prop 64 PH&S funding is reduced or falls below estimates contained within the
Prop 64 PH&S Request for Proposals Cohort 3, the BSCC shall have the option to
either cancel this Grant Agreement with no liability occurring to the BSCC or offer an
amendment to this agreement to the Grantee to reflect a reduced amount.
C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not
agree to an amendment in accordance with the option provided by Paragraph 3(B),
it is mutually agreed that the Grant Agreement shall have no further force and effect.
In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee
or to furnish any other considerations under this Agreement and Grantee shall not
be obligated to perform any provisions of this Grant Agreement except that Grantee
shall be required to maintain all project records required by Paragraph 6 of Exhibit A
for a period of three (3) years following the termination of this agreement.
4. PROJECT COSTS
A. Grantee is responsible for ensuring that actual expenditures are for eligible project
costs. "Eligible" and "ineligible" project costs are set forth in the July 2020 BSCC
Grant Administration Guide, which can be found under Quick Links here:
https://www.bscc.ca.qov/s correctionsplanninqandproqrams/
The provisions of the BSCC Grant Administration Guide are incorporated by
reference into this agreement and Grantee shall be responsible for adhering to the
requirements set forth therein. To the extent any of the provisions of the BSCC Grant
Administration Guide and this agreement conflict, the language in this agreement
shall prevail.
B. Grantee is responsible for ensuring that statements of expenditures submitted to the
BSCC claim actual expenditures for eligible project costs.
C. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for
eligible project costs or an amount equal to any grant Tunas expended by the
Grantee in violation or the terms, provisions, conditions, or commitments of this
Grant Agreement.
D. Grant funds must be used to support new program activities or to augment existing
funds that expand current program activities. Grant funds shall not replace
(supplant) any federal, state and/or local funds that have been appropriated for the
same purpose. Violations can result in recoupment of monies provided under this
grantor suspension of future program Tunding through BSCC grants.
5. PROMPT PAYMENT CLAUSE
Payment will be made in accordance with, and within the time specified in, Government
Code Chapter 4.5, commencing with Section 927.
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City or Chula Vista
BSCC 945-22
Page 4 of 5
EXHIBIT B
BUDGET DET AIL AND PAYMENT PROVISIONS
6. WITHHOLDING OF GRANT DISBURSEMENTS
A. The BSCC may withhold all or any portion of the grant funds provided by this Grant
Agreement in the event the Grantee has materially and substantially breached the
terms and conditions of this Grant Agreement.
B. At such time as the balance of state funds allocated to the Grantee reaches five
percent (5%), the BSCC may withhold that amount as security, to be released to the
Grantee upon compliance with all grant provisions, including:
1 ) submittal and approval of the final invoice;
2 ) submittal and approval of the final progress report; and
3 ) submittal and approval of any additional required reports, including but not limited
to the Final Local Evaluation Report and the financial audit.
C. The BSCC will not approve grantee expenditures for costs identified as ineligible for
grant funding. If grant funds have been provided for costs subsequently deemed
ineligible, the BSCC may either withhold an equal amount from future payments to
the Grantee or require repayment or an equal amount to the State by the Grantee.
D. In the event that grant funds are withheld from the Grantee, the BSCC's Executive
Director or designee shall notify the Grantee of the reasons for withholding and
advise the Grantee of the time within which the Grantee may remedy the failure or
violation leading to the withholding.
7. EXECUTIVE ORDER N-6-22 - RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)
regarding Economic Sanctions against Russia and Russian entities and individuals.
"Economic Sanctions" refers to sanctions imposed by the u.s. government in response
to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The
EO directs state agencies to terminate contracts with, and to refrain from entering any
new contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. Accordingly, should the State determine Contractor is a target of Economic
Sanctions or is conducting prohibited transactions with sanctioned individuals or
entities, that shall be grounds for termination of this agreement. The State shall provide
Contractor advance written notice of such termination, allowing Contractor at least 30
calendar days to provide a written response. Termination shall be at the sole discretion
of the State.
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City of Chula Vista
BSCC 945-22
Page 5 of 5
EXHIBIT B
BUDGET DET AIL AND PAYMENT PROVISIONS
8. PROJECT BUDGET
Budget Line Items Grant Funds
1. Salaries and Benefits $1195,408
2. Services and Supplies $202,000
3. Professional Services $0
4. Non-Governmental Organization (NGO) Subcontracts $804,302
5. Indirect Costs / Administrative Overhead
(may not exceed 1 0% of grant award )$119,540
6. Equipment / Fixed Assets $92,000
7. Data Collection/Enhancement $0
8. Program Evaluation $245,000
9. Sustainability Planning $0
10. Other (include travel & training costs)$50,000
11. Financial Audit $0
TOT ALS $2,708,250
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
General Terms and Conditions - GTC 04/2017
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and
approved by the Department of General Services, if required. Contractor may not commence
performance until such approval has been obtained.
2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid
unless made in writing, signed by the parties and approved as required. No oral
understanding or Agreement not incorporated in the Agreement is binding on any of the
parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in
part, without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General
Services, the Bureau of State Audits, or their designated representative shall have the right
to review and to copy any records and supporting documentation pertaining to the
performance of this Agreement. Contractor agrees to maintain such records for possible audit
for a minimum of three (3) years after final payment, unless a longer period of records
retention is stipulated. Contractor agrees to allow the auditor(s) access to such records
during normal business hours and to allow interviews of any employees who might
reasonably have information related to such records. Further, Contractor agrees to include a
similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq.,
CCR Title 2, Section I 896).
5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State,
its officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies in connection with
the performance of this Agreement, and from any and all claims and losses accruing or
resulting to any person, firm or corporation who may be injured or damaged by Contractor in
the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during
any dispute.
7, TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of
any payments should the Contractor fail to perform the requirements of this Agreement at
the time and in the manner herein provided. In the event of such termination the State may
proceed with the work in any manner deemed proper by the State. All costs to the State shall
be deducted from any sum due the Contractor under this Agreement and the balance, if any,
shall be paid to the Contractor upon demand.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor,
in the performance of this Agreement, shall act in an independent capacity and not as officers
or employees or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of
perjury, the minimum, if not exact, percentage of post-consumer material as defined in the
Public Contract Code Section 12200, in products, materials, goods, or supplies offered or
sold to the State regardless of whether the product meets the requirements of Public Contract
Code Section 12209. With respect to printer or duplication cartridges that comply with the
requirements of Section 12156(e), the certification required by this subdivision shall specify
that the cartridges so comply (Pub. Contract Code §12205).
10.NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor
and its subcontractors shall not deny the contract's benefits to any person on the basis of
race, religious creed, color, national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender, gender identity, gender
expression, age, sexual orientation, or military and veteran status, nor shall they discriminate
unlawfully against any employee or applicant for employment because of race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status. Contractor shall insure that the evaluation
and treatment or employees and applicants for employment are Free or such discrimination.
Contractor and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code
Regs., tit. 2, §1 1000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title
2 or the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards
adopted by the awarding state agency to implement such article. Contractor shall permit
access by representatives of the Department of Fair Employment and Housing and the
awarding state agency upon reasonable notice at any time during the normal business hours,
but in no case less than 24 hours' notice, to such of its books, records, accounts, and all
other sources of information and its facilities as said Department or Agency shall require to
ascertain compliance with this clause. Contractor and its subcontractors shall give written
notice of their obligations under this clause to labor organizations with which they have a
collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
I1.CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained
in the document CCC 04/2017 (https://www.dqs.ca.qov/OLS/Resources/Paqe-
ContenUOffice-of-Leqal-Services-Resources-List-Folder/Standard-Contract-Lanquaqe) are
hereby incorporated by reference and made a part of this Agreement by this reference as if
attached hereto.
12.TIMELINESS: Time is of the essence in this Agreement.
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
13.COMPENSAT10N: The consideration to be paid Contractor, as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including
travel, per diem, and taxes, unless otherwise expressly so provided.
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with
the laws of the State of California.
I 5.ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these
services or goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Codes Sections set out below.
A. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods,
services, or materials by the State or any of its political subdivisions or public agencies
on whose behalf the Attorney General may bring an action pursuant to subdivision (c)
of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a
public purchase. Government Code Section 4550.
B. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the
bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to
all causes of action it may have under Section 4 of the Clayton Act (15 u.s.c. Sec. 15)
or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of
Division 7 of the Business and Professions Code), arising from purchases of goods,
materials, or services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the purchasing body
tenders final payment to the bidder. Government Code Section 4552.
C. If an awarding body or public purchasing body receives, either through judgment or
settlement, a monetary recovery for a cause of action assigned under this chapter, the
assignor shall be entitled to receive reimbursement for actual legal costs incurred and
may, upon demand, recover from the public body any portion of the recovery, including
treble damages, attributable to overcharges that were paid by the assignor but were not
paid by the public body as part of the bid price, less the expenses incurred in obtaining
that portion of the recovery. Government Code Section 4553.
D. Upon demand in writing by the assignor, the assignee shall, within one year from such
demand, reassign the cause of action assigned under this part if the assignor has been
or may have been injured by the violation of law for which the cause of action arose and
(a) the assignee has not been injured thereby, or (b) the assignee declines to file a court
action for the cause of action. See Government Code Section 4554.
16.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the
contractor acknowledges in accordance with Public Contract Code 7110, that:
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Page 4 of 4
EXHIBIT C
GENERAL TERMS AND CONDITIONS
A. The contractor recognizes the importance or child and Family support obligations and shall
fully comply with all applicable state and federal laws relating to child and family support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Chapter 8 (commencing with section 5200)
of Part 5 of Division 9 of the Family Code; and
B. The contractor, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new employees to
the New Hire Registry maintained by the California Employment Development
Department.
17.UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of
this Agreement have force and effect and shall not be affected thereby.
18.PR10RITY HIRING CONSIDERATIONS: If this Contract includes services in excess of
$200,000, the Contractor shall give priority consideration in filling vacancies in positions
funded by the Contract to qualified recipients of aid under Welfare and Institutions Code
Section 11200 in accordance with Pub. Contract Code §10353.
19.SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
A. If for this Contract Contractor made a commitment to achieve small business
participation, then Contractor must within 60 days of receiving final payment under this
Contract (or within such other time period as may be specified elsewhere in this Contract)
report to the awarding department the actual percentage of small business participation
that was achieved. (Gov. Code § 14841.)
B. If for this Contract Contractor made a commitment to achieve disabled veteran business
enterprise (DVBE) participation, then Contractor must within 60 days of receiving final
payment under this Contract (or within such other time period as may be specified
elsewhere in this Contract) certify in a report to the awarding department: (1 ) the total
amount the prime Contractor received under the Contract; (2) the name and address of
the DVBE(s) that participated in the performance of the Contract; (3) the amount each
DVBE received from the prime Contractor; (4) that all payments under the Contract have
been made to the DVBE; and (5) the actual percentage of DVBE participation that was
achieved. A person or entity that knowingly provides false information shall be subject to
a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies
then the following statement is incorporated: It is unlawful for any person engaged in business
within this state to sell or use any article or product as a "loss leader" as defined in Section
17030 of the Business and Professions Code. (PCC 1 0344(e).)
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Page 1 of 5
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
1. GRANTEE'SGENERALRESPONSIBILITY
A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review
and approval by the BSCC are solely for the purpose of proper administration of grant
funds and shall not be deemed to relieve or restrict the Grantee's responsibility.
B. Grantee is responsible for the performance of all project activities identified in Attachment
I : Proposition 64 PH&S Cohort 3 Grant Program Cohort 3 Request For Proposals and
Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for Funding.
C. Grantee shall immediately advise the BSCC of any significant problems or changes that
arise during the course of the project.
D. Grantee shall immediately notify the BSCC if there is change in circumstances so that
grantee no longer meets the eligibility criteria of the Proposition 64 PH&S Cohort 3
Program Request for Proposals. Grantee must immediately notify the BSCC if there is a
change in grantee's nonprofit status or loss of good standing in the State of California
(e.g., suspension or rescission of legal status by the Secretary of State for any reason,
including but not limited to, failing to file forms, paying required fees, or making tax
payments).
2. GRANTEE ASSURANCES AND COMMITMENTS
A. Compliance with Laws and Regulations
This Grant Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California. Grantee shall at all times comply with all applicable State
laws, rules and regulations, and all applicable local ordinances.
B. Fulfillment of Assurances and Declarations
Grantee shall fulfill all assurances, declarations, representations, and statements made
by the Grantee in Attachment 1 : Proposition 64 PH&S Grant Program Cohort 3 Request
for Proposal and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application
for Funding, documents, amendments, approved modifications, and communications filed
in support of its request for grant funds.
C. Permits and Licenses
Grantee agrees to procure all permits and licenses necessary to complete the project,
pay all charges and fees, and give all notices necessary or incidental to the due and lawful
proceeding of the project work.
3. POTENTIAL SUBCONTRACTORS
A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract
For services needed to implement and/or support program activities. Grantee agrees that
in the event of any inconsistency between this Grant Agreement and Grantee's
agreement with a subcontractor, the language of this Grant Agreement will prevail.
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual
relation between the BSCC and any subcontractors, and no subcontract shall relieve the
Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as
Fully responsible to the BSCC For the acts and omissions of its subcontractors and of
persons either directly or indirectly employed by any of them as it is for the acts and
omissions of persons directly employed by the Grantee. The Grantee's obligation to pay
its subcontractors is an independent obligation from the BSCC's obligation to make
payments to the Grantee. As a result, the BSCC shalJ have no obligation to pay or to
enforce the payment of any moneys to any subcontractor.
C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated
in the Prop 64 PH&S Grant Cohort 3 RFP and described in Appendix B.
D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and
fidelity bonds, as is customary and appropriate, will be obtained.
E. Grantee agrees to place appropriate language in all subcontracts for work on the project
requiring the Grantee's subcontractors to:
1 ) Books and Records
Maintain adequate fiscal and project books, records, documents, and other evidence
pertinent to the subcontractor's work on the project in accordance with generally
accepted accounting principles. Adequate supporting documentation shall be
maintained in such detail so as to permit tracing transactions from the invoices, to the
accounting records, to the supporting documentation. These records shall be
maintained for a minimum or three (3) years after the acceptance or the final grant
project audit under the Grant Agreement, and shall be subject to examination and/or
audit by the BSCC or designees, state government auditors or designees, or by
federal government auditors or designees.
2) Access to Books and Records
Make such books, records, supporting documentations, and other evidence available
to the BSCC or designee, the State Controller's Office, the Department of General
Services, the Department of Finance, California State Auditor, and their designated
representatives during the course of the project and For a minimum of three (3) years
after acceptance of the final grant project audit. The Subcontractor shall provide
suitable facilities for access, monitoring, inspection, and copying of books and records
related to the grant-funded project.
4. PROJECT ACCESS
Grantee shall ensure that the BSCC, or any authorized representative, will have suitable
access to project activities, sites, staff and documents at all reasonable times during the
grant period including those maintained by subcontractors. Access to program records will
be made available by both the grantee and the subcontractors for a period of three (3)
years following the end of the grant period.
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
5. ACCOUNTING AND AUDIT REQUIREMENTS
A. Grantee agrees that accounting procedures for grant funds received pursuant to this
Grant Agreement shall be in accordance with generally accepted government accounting
principles and practices, and adequate supporting documentation shall be maintained in
such detail as to provide an audit trail. Supporting documentation shall permit the tracing
of transactions from such documents to relevant accounting records, financial reports and
invoices.
B. Grantees are required to provide the BSCC with a financial audit within no later than the
end of the contract term (October 31, 2028). The financial audit shall be performed by a
Certified Public Accountant or a participating county or city auditor that is organizationally
independent from the participating county's or city's project financial management
functions. Expenses for this final audit may be reimbursed for actual costs up to $25,000.
C. The BSCC reserves the right to call for a program or financial audit at any time between
the execution or this Grant Agreement and three years following the end of the grant
period. At any time, the BSCC may disallow all or part of the cost of the activity or action
determined to not be in compliance with the terms and conditions of this Grant Agreement
or take other remedies legally available.
6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT
It is the policy or the BSCC to protect grant funds from unreasonable risks of fraudulent,
criminal, or other improper use. As such, the Board will not enter into contracts or provide
reimbursement to grantees that have been:
1. debarred by any federal, state, or local government entities during the period of
debarment; or
2. convicted of fraud, theft, or embezzlement of federal, state, or local government grant
funds for a period of three years following conviction.
Furthermore, the BSCC requires grant recipients to provide an assurance that there has been
no applicable debarment, disqualification, suspension, or removal from a federal, state, or
local grant program on the part of the grantee at the time of application and that the grantee
will immediately notify the BSCC should such debarment or conviction occur during the term
of the Grant contract.
BSCC also requires that all grant recipients include, as a condition of award to a subgrantee
or subcontractor, a requirement that the subgrantee or subcontractor will provide the same
assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or
subcontractor that has been debarred or convicted, the grant recipient must submit a written
request for exception to the BSCC along with supporting documentation.
All Grantees must have on file with the BSCC a completed and signed Certification of
Compliance with BSCC Policies on Debarment, Fraud, Theft and Embezzlement (Required
as Appendix F of the original Proposal Package).
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EXHIBIT D
SPECIAL TERMS AND CONDITIONS
7. MODIFICATIONS
No change or modification in the project will be permitted without prior written approval from
the BSCC. Changes may include modification to project scope, changes to performance
measures, compliance with collection of data elements, and other significant changes in the
budget or program components contained in the Attachment 1 : Proposition 64 PH&S Grant
Program Cohort 3 Request for Proposals and Attachment 2: Proposition 64 PH&S Grant
Program Cohort 3 Application for Funding. Changes shall not be implemented by the project
until authorized by the BSCC.
8. TERMINATION
A. This Grant Agreement may be terminated by the BSCC at any time after grant award and
prior to completion of project upon action or inaction by the Grantee that constitutes a
material and substantial breech of this Grant Agreement. Such action or inaction includes
but is not limited to:
4 ) substantial alteration of the scope of the grant project without prior written approval of
the BSCC;
2) refusal or inability to complete the grant project in a manner consistent with
Attachment 1 : Proposition 64 PH&S Grant Program Cohort 3 Request for Proposals
and Attachment 2: Proposition 64 PH&S Grant Program Cohort 3 Application for
Funding, or approved modifications;
3) failure to meet prescribed assurances, commitments, recording, accounting, auditing,
and reporting requirements of the Grant Agreement; and
4) if grantee no longer meets the criteria of an eligible applicant. A grantee no longer
meets the criteria of an eligible applicant if grantee's nonprofit status changes or
grantee is no longer in good standing with the State of California. A loss of good
standing may include suspension or rescission of legal status by the California
Secretary of State for any reason, including but not limited to, failing to file forms, pay
required fees, or making tax payments.
B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the
Grantee at least 30 calendar days written notice stating the reasons for termination and
effective date thereof. The Grantee may appeal the termination decision in accordance
with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9.
Settlement of Disputes.
9. SETTLEMENT OF DISPUTES
A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If
the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and
Grant Programs Division Deputy Director a written demand for a final decision regarding
the disposition of any dispute between the parties arising under, related to, or involving
this Grant Agreement. Grantee's written demand shall be fully supported by factual
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Page 5 of 5
EXHIBIT D
SPECIAL TERMS AND CONDITIONS
information. The BSCC Corrections Planning and Grant Programs Division Deputy
Director shall have 30 days after receipt of Grantee's written demand invoking this Section
"Disputes" to render a written decision. If a written decision is not rendered within 30 days
after receipt of the Grantee's demand, it shall be deemed a decision adverse to the
Grantee's contention. If the Grantee is not satisfied with the decision of the BSCC
Corrections Planning and Grant Programs Division Deputy Director, the Grantee may
appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-
day period in the event no decision is rendered), to the BSCC Executive Director, who
shall have 45 days to render a final decision. If the Grantee does not appeal the decision
of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the
decision shall be conclusive and binding regarding the dispute and the Contractor shall
be barred from commencing an action in court, or with the Victims Compensation
Government Claims Board, for failure to exhaust Grantee's administrative remedies.
B. Pending the final resolution of any dispute arising under, related to or involving this Grant
Agreement, Grantee agrees to diligently proceed with the performance of this Grant
Agreement, including the providing of services in accordance with the Grant Agreement.
Grantee's failure to diligently proceed in accordance with the State's instructions
regarding this Grant Agreement shall be considered a material breach of this Grant
Agreement.
C. Any final decision of the State shall be expressly identified as such, shall be in writing,
and shall be signed by the Executive Director, if an appeal was made. If the Executive
Director fails to render a final decision within 45 days after receipt of the Grantee's appeal
for a final decision, it shall be deemed a final decision adverse to the Grantee's
contentions. The State's final decision shall be conclusive and binding regarding the
dispute unless the Grantee commences an action in a court of competent jurisdiction to
contest such decision within 90 days following the date of the final decision or one (1 )
year following the accrual of the cause of action, whichever is later.
D. The dates of decision and appeal in this section may be modified by mutual consent, as
applicable, excepting the time to commence an action in a court of competent jurisdiction.
10.WAIVER
The parties hereto may waive any of their rights under this Grant Agreement unless such
waiver is contrary to law, provided that any such waiver shall be in writing and signed by the
party making such waiver.
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SECTION I -
APPLICANT
INFORMATION
This section requires information about the applicant (County/City),
grant funds being requested, proposed project synopsis and project
officials.
Name of Applicant City of Chula Vista
('Name' County or
City of 'Name')
Grant Funds 2,708,250
Requested - Whole
dollars only
Proposed Project Large-sized county or a city within a large-sized county
County/City Size for
Funding Distribution
Project Purpose
Areas (PPAs)
PPA 1: Youth Development/Youth Prevention and Intervention
PPA 2: Public Health
PPA 3: Public Safety
Page 164 of 505
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July 25, 2023 Post Agenda
Lead Public Agency
(LPA) Information
This sub-section requires information about the governmental
agency with local authority of or within the county or city that will be
acting as the LPA. Additionally, this section requires names and
contact information for the individuals identified as the Project
Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day
Fiscal Contact, and the Authorized Officer with signing authority.
Lead Public Agency Chula Vista Police Department
(LPA)
Financial Officer's Principal Management Analyst
Title
Financial Officer's ycheung@chulavistapd.org
Email Address
Page 165 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Financial Officer's
Phone Number
+16196915128
Day-To-Day Program Christopher
Contact Lawrence
Day-To-Day Program Police Officer, Chula Vista Police Department
Contact's Title and
Agency/Department/Organization
Day-To-Day Program 315 Fourth Avenue
Contact's Physical Chula Vista
Address CA
g'ig'io
US
Day-To-Day Program clawrence@chulavistapd.org
Contact's Email
Address
Day-To-Day Program +16194095423
Contact's Phone
Number
Day-To-Day Fiscal Management Analyst 1, Chula Vista Police Department
Contact's Title with
Agency/Department/Organization
Day-To-Day Fiscal bshimizu@chulavistapd.org
Contact's Email
Address
Day-To-Day Fiscal +16194095467
Contact's Phone
Number
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July 25, 2023 Post Agenda
I hereby certify I am checked
vested by the
Applicant with the
authority to enter into
contract with the
BSCC, and the
grantee and any
subcontractors will
abide by the laws,
policies, and
procedures
governing this
funding.
Authorized Officer's Chief of Police, Chula \/ista Police Department
Title and
Agency/Department
Authorized Officer's pdgrants@chulavistapd.org
Email Address
Authorized Officer's +16196915150
Phone Number
Page 167 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
PROPOSAL
ABSTRACT
The City of Chula Vista is the second largest city in San Diego County
and one of the few (of 18) that has not banned the cultivation or
distribution of recreational marijuana. Followang the passage of Prop
64, Chula Vista legalized cannabis retail stores in 2018, authorizing
eight storefronts and four delivery businesses. Current legal
cannabis businesses in the City of Chula \/ista include 7 storefront
cannabis dispensaries, 2 cannabis delivery services, and I cannabis
product manufacturer. The first cannabis storefront opened in April
2021, and crime associated with the business followed shortly after.
Additionally, data from San Diego County have shown that youth
perception of the harms of marijuana use has decreased over time
and that a greater percentage than ever are buying cannabis
products illegally and using high potency cannabis products and
methods (e.g., vaping, dabbing). Other regional data have shown
increases in calls to poison control centers, emergency room visits
related to cannabis, and individuals driving under the influence.
Thus, the greatest needs that would be targeted in this project relate
to (1 ) youth prevention and education; (2) parent and community
education; and (3) preventing sales to minors at either legal or illegal
recreational dispensaries.
Project funding will be used to fund overtime hours and regular
hours for current staff would be responsible for law enforcement
operations and will work with code compliance to monitor legal
recreational dispensaries and target illegal ones, In addition, the
Chula Vista Police Department will contract with SBCS, a local CBO,
to supplement the evidence-based diversion, prevention, and
intervention services they have provided in the city for over 50 years.
Parent and community education activities would also be conducted
on a regular basis through the five-year grant period. Evidence-
based practices (EBP) that will be utilized include the use of risk/need
assessments, provision of culturally relevant and trauma informed
services, and proven and promising policing practices including
disorder policing, hot spot policing, street level drug enforcement,
and problem-oriented policing.
SANDAG will serve as the evaluation partner, bringing its over 40
years of action research experience. SANDAG will document if the
project was implemented as planned and with fidelity, as well as
determine if desired outcomes were achieved. Multiple outcome
methods will be used, and results will be shared in a timely fashion to
inform program implementation and management.
Page 168 of 505
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July 25, 2023 Post Agenda
Proposal Narrative
Instructions
The Proposal Narrative section must address the following Rating
Factors- Project Need, the Project Description, and the Project
Evaluation - as outlined in the Prop 64 Cohort 3 RFP Information
Packet, beginning on page 18 of the Prop 64 Cohort 3 RFP
Instruction Packet. Narrative in this section must clearly identify and
delineate each Factor Section (i.e., Project Need, the Project
Description, and the Project Evaluation) when responding. Sources
cited must be included within Proposal Narrative or may be
referenced within the optional RFP- Additional Information
attachment.lt is up to the applicant to determine how best to use the
total character limit in addressing each section (i.e., Project Need, the
Project Description, and the Project Evaluation). However, the
Applicant may use the percent of total point value for each section as
a guide. The Rating Factors and weighted value are provided in the
Prop 64 Cohort 3 RFP Instruction Packet (Page 15). The Project Work
Plan must also be uploaded to this Section as it is rated under the
Project Description Rating Factor (2.6).
Proposal Narrative Project Need (Section 1)
Needs Related to the Impact of Prop 64 (1.1) Chula Vista (C\/) is the
2nd largest city in San Diego County (SDC), with a population of
274,449 and one of the few cities (out of 18) in the County that did not
ban the cultivation or distribution of marijuana. Current legal
cannabis businesses in the City of Chula \/ista include seven
storefront cannabis dispensaries, two cannabis delivery services,
and one cannabis product manufacturer. The first cannabis
storefront opened in April 2021 and crime associated with the
business followed shortly after. Since the legalization of marijuana for
medical and recreational use, the perception of the potential harm of
cannabis use by youth in SDC has decreased and concerns
regarding increased calls to the poison center, emergency room
visits, driving under the influence, and crime associated with illegal
dispensaries have become a reality. According to population
estimates, 60% of CV's population is Hispanic/Latino, 16% other
ethnicities, 19% White, 5% are Black and 13% are under the age of 18.
According to the most recent arrest statistics, 3,298 adult and
juvenile arrests were made in CV in 2021, which equates to around 9
arrests per day and the third most common type was for a drug-
related offense (15%).
Needs Related to PPA I (l.2a) CV has approximately 100 K-12
schools with over 66,000 students, as well as one community college
(with a student body of approximately 1 g,ooo). The legalization of
recreational marijuana has resulted in a significant increase in smoke
shops that sell marijuana-related products and as a result, provide
easier access to cannabis for juveniles. In addition, the City has
received numerous complaints from the community (283 calls for
service from the beginning of 2019 through January 202'l) that illegal
marijuana businesses have been selling products to minors.
Additionally, School Resource Officers and schools staff encounter
many juveniles in possession of THC. When Chula Vista's first legal
cannabis dispensary opened in 2021, there were three crime reports
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for providing juveniles with cannabis. As of October 1, 2022, there
have been seven crime reports for providing juveniles with cannabis,
a I 33% increase, which could have been even greater without the
help of funds from the Prop 64 Cohort 2 program. Furthermore, past
research through the CVPD's School Resource Officer program has
shown that juveniles were able to purchase tobacco products online
and have them delivered, suggesting juveniles may attempt to do the
same for cannabis products. Proposed project goals include
ensuring that legal dispensaries and deliveiy services are not selling
their products to minors and monitoring the city for any new illegal
dispensaries or delivery services that arise due to the high
probability of juveniles being targeted as a consumer population.
Needs Related to PPA 2/3 (l.2b) The needs described here related to
youth prevention and intervention are closely connected to public
safety and public health needs for training and education for parents
and the community (e.g., regarding risk of youth use, potency, and
driving under the influence). CVPD closed over thirty illegal storefront
dispensaries in Chula Vista, with many requiring multiple
enforcement activities and search warrants. A portion of the
enforcement ws supported by funding from the previous Prop 64
grant cycle. CVPD anticipated the issues with illegal storefronts
dispensaries to be ongoing; however, much of the illegal cannabis
activity transferred to delivery services. In 2021, ten illegal or
fraudulently licensed cannabis business were identified advertising in
Chula \/ista. As of October 1, 2022, fourteen illegal or fraudulently
licensed cannabis businesses have been identified advertising in
Chula \/ista. Delivery enforcement requires extensive investigations
and multiple enforcement operations including multiple buy-and-
follow operations to identify runners, stash houses, and managers,
multiple hours of surveillance, and an extensive enforcement team of
officers who execute search warrants on fortified and likely armed
locations, and then cite or arrest individuals, and collect evidence. In
addition, there are public safety concerns related to ensuring that
legal dispensaries operate according to regulations and for illegal
dispensaries to be identified and addressed. At the end of 2021 there
were seven citizen-initiated calls for service at dispensaries. As of
October 1, 2022, there have been twenty-three citizen calls for
service at dispensaries, a 228% increase. In 2021, there were two
dispensary related robbery cases. As of October 1, 2022, there had
been five dispensary related robberies and one burglary. These
incidents alone demonstrate a need for more police presence and
monitoring of these locations. Similarly, CVPD is also working to
ensure that marijuana products are not being sold outside of the
correct venues. In October of 2022, CVPD inspected twenty cigarette
and smoke shops and identified THC products in every business. To
ensure that THC products are only being sold in the correct venues,
CVPD would require ongoing enforcement operations to remove THC
products from Chula Vista's 132 cigarette and smoke shops.
Why Needs Are Not Met with Existing Resources (1.3) CVPD has the
smallest number of sworn staff per 1,000 population of any SDC
police department, at.96, compared to a regional average of 1.27. As
a result, current resources limit the ability to address the needs
outlined here with sworn staffing levels. With this funding, CVPD will
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continue funding an officer position, who will be responsible for
youth/family education and prevention regarding cannabis use and
who will work closely with SBCS, a community-based nization
currently operating a Community Assessment Team (CAT) Program,
to engage, educate, and prevent youth cannabis use and thwart a
rise in marijuana-related crimes, such as driving under the influence.
Together, the CVPD and SBCS will act as a resource for families with
existing marijuana-related issues or those who are at-risk of abuse
related to marijuana consumption. Additionally, they will work with the
legal cannabis industry to ensure it is complying with youth
prevention efforts. Data in Support of Needs (1.4) On an annual
basis, SANDAG interviews adult and juvenile arrestees at local
detention facilities as part of the Substance Abuse Monitoring (SAM)
program (reference included in supplemental material). The at-risk
youth interviewed are similar in many of the characteristics of those
who will be the population of focus for PPA I and other data are
available at the San Diego County level described here from the
Marijuana Prevention Initiative (MPI) 2021 Report in SDC.
@ In 2021, 89% of SAM youth had tried marijuana, 56% had used it in
the past 30 days, and 55% tested positive for it, the third highest in
22-years. Of those who used it in the past 30 days, the average
number of days used was 18.2, considerably higher than the average
for those who used alcohol (6.3). The average age of first use was
12.5.
it SAM youths' perception of the potential harm of regular marijuana
use has declined considerably over recent years, from 11 % saying it
was "extremely" or "very bad" in 2021, compared to 25% in 2016. At
the same time, slightly more youth now say it is "very easy" to
obtain, up to 69% in 2021, from 64% in 2016. These changing
perceptions have also been reported with the Monitoring the Future
Study and the California Healthy Kids Survey data, as described in
the MPI report.
* 74% of SAM youth in 2021 said marijuana was the Ist drug they had
tried, before alcohol (16%) and tobacco (10%).
ii As reported in the MPI report, between 2009 and 2019 the number of
emergency room discharges in SDC with cannabis listed as a primary
diagnosis increased 690% from Ill to 877. From 2016 to 2020, there
has been a 75% increase in marijuana exposure cases in SDC
handled by the California Poison Control Center (88 to 154).
Process Used to Determine Need (1.5) To determine the greatest
need for this grant project partners utilized the CV community
survey, one-to-one conversations with residents, and feedback
shared at public forums. In 2019, SANDAG partnered with CVPD to
conduct a community survey. The results showed that illegal drug
use was the second most common reason individuals avoided parks
in the city; 1 5% noted that driving under the influence, illegal drug
use, and marijuana dispensaries was a top concern for them; and
illegal drug use was named as one of the top 4 priorities for CVPD
identified by residents. This input, coupled with regional statistics,
demonstrates both community concern and need for the greater
education, prevention and enforcement proposed herein.
Project Description (Section 2)
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How the Project will Address Needs/Project Goals and Objectives
(2.1/2.2) The greatest needs and project goals which are directly
related to the passage of Prop 64 include youth education,
prevention, and intervention; parent and community education;
preventing sales to minors at either legal or illegal recreational
dispensaries; and addressing illegal dispensaries and delivery
services. As such, CVPD, SBCS and SANDAG have designed a multi-
pronged approach which combines these efforts into one cohesive
program. Founded in 1971, SBCS is the largest provider of social
service and community development programs headquartered in CV.
SBCS' years of experience serving at-risk and high-risk youth; wide
range of integrated prevention, intervention, and treatment options
for youth and families; and high level of trust and recognition within
neighborhoods and among families will all contribute toward the
success of the proposed program. SBCS will work closely with CVPD
to provide education, prevention, and intervention services to CV
elementary, middle, and high school youth (ages 6-18) and parents
as an enhancement to a current program to meet the goals and
objectives of PPA I (Goal I ). In the current climate SBCS has
received an influx of referrals for both their diversion and prevention
services. To support this need SBCS will work with CVPD to provide
education, prevention, and interventions services using assessment
driven case management and evidence-based program (EBP). To
meet the goals and objectives of PPA (Goal 1 ). SBCS will serve a
' minimum of 75 youth referred by CVPD for diversion services in year
I and 150 youth referred for both diversion and
prevention/intervention services each of the following 4 years of the
grant. The target population will include elementary, middle, and high
school aged youth and their families residing in Chula Vista. These
populations will be prioritized for services, promptly screened
utilizing the Family Well Being Assessment (FWBA) and assigned to
a Youth and Family Development Associate (YFDA). The YFDA will act
as a liaison between the CVPD and the CAT team and refer youth to
diversion. Those youth referred for diversion services will not only
receive education on the dangers of marijuana use, but also
participate in individual or group counseling sessions utilizing one of
SBCS's Evidence Based Practice (EBP) services. Based off the initial
FWBA, youth who reported marijuana use/abuse will be referred to
Seeking Safety EBP. For youth without an identified substance abuse
need at assessment may be referred into the One Circle Foundation
EBP for prevention-based services. These services will be further
enhanced by ongoing community service/peer education activities,
as well as quarterly marijuana education presentations/ monthly
social media posts (coordinated jointly by SBCS and C\/PD) (Goal 2).
With strong ties to the local community, SBCS will also facilitate, in
partnership with local and federal lawenforcement, quarterly parent
education groups, both in English and Spanish. These educational
groups will be conducted both virtually and in person, depending
upon the client's needs, and will inform parents of the risks of
marijuana use, including driving under the influence; dangers
associated with illegal recreational dispensaries; as well as ways to
discuss these topics with their children. Together, these activities will
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work to increase knowledge within the community, and decrease
marijuana use among youth populations. Goals 3 and 4 will focus on
law enforcement activities, including enforcement on illegal cannabis
delivery businesses, investigating juvenile cannabis crimes, ensuring
THC and cannabis products are not being sold in unlicensed
locations, inspecting licensed cannabis businesses, and evaluating
cannabis tips and complaints from the community, and educating
juveniles and the community. In 2023 activities will be performed on
an overtime basis until a detective can be assigned to this work full
time in year two of the grant. For a detailed overview of the project
goals, objectives and outcomes please refer to the Project Work Plan
in Appendix L.
Rationale to Support the Selection of the Project (2.3) SBCS and
project partners intimately understand the relationship between
research and practice, and together have many years' experience
implementing EBP models and proven practices with fidelity. The
proposed project will utilize the FWBA, which uses the six domains of
wellbeing identified in the Tasmanian Child and Youth Wellbeing
Framework to define the components of child wellbeing and assist
practitioners to identify areas where a child, young person or family is
doing well, and areas where they may need some additional
assistance. Additionally, two EBPs will be used: (1) Seeking Safety
(SS), an EBP, present-focused counseling model designed to assist
clients to attain safety from trauma and/or substance abuse. SBCS
staff is trained and experienced in delivering this model and will
utilize this intervention for any/all youth who have used/currently
report use of marijuana. (2) One Circle Foundation Curricula provides
motivational interviewing strategies based on EBP with a strong
focus on positive youth development. This intervention takes the
form of gender-specific group circles which are designed to increase
positive connection, strengths, and competence in girls; and
promote boys' and young men's safe and healthy passage through
pre-teen and adolescent years. SBCS will utilize this approach to
prevent marijuana use in those youth referred to the program and
deemed "at-risk" for cannabis use. The law enforcement actions
proposed here, including disorder policing, hot spot policing, street
level drug enforcement, and problem-oriented policing, are described
as effective and promising practices as relates to drug-related crime.
Extent to Which Existing Resources Will be Used (2.4) The youth
services provided here for Goal 1 is an enhancement of SBCS'
current CAT and Diversion services that are supported with funding
from SDC and includes the provision of prevention and intervention
services for youth ages 6-18 throughout the South Region of SDC.
The supplemental efforts here will be focused on youth residing or
attending school within CV limits and preference will be given to
those youth referred by CVPD with current marijuana offenses.
Current CAT services will be leveraged and all youth will have access
to SBCS' Youth Prevention and Intervention (YPI) services which are
leveraged through other funding sources and may include anger
management, Cognitive Behavioral Therapy (CBT), educational
resources including tutoring and after-school support, as well as
access to wraparound supports for the entire family. For Goals 2,3,
and 4 C\/PD has been working on creating investigative systems and
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inspection checklists that can be repurposed for this project.
Experience, Staffing, and Partnerships (2.5) CVPD will be the lead
agency for this grant and Detective Chris Lawrence will act as the
main point contact. a e Lawrence has 5 years in law
enforcement and during his time with CVPD has spent the last
several years exclusively managing and executing marijuana
investigations. Detective Lawrence has executed 14 cannabis related
arrests, 33 enforcement operations, and 31 presentations to over
2,000 participants. SBCS is a local non-profit organization with a 50-
year history of developing and implementing youth prevention and
intervention programs, including those funded by BSCC. The
proposed project will fall under SBCS' Youth and Family Wellness
Department, overseen by Sandy Keaton. Ms. Keaton has over 20
years of experience working with justice involved youth and
programming. She will oversee the reporting and staff management,
as well as serve as a liaison with CVPD. In addition, Ms. Keaton
provides direct oversight to Mandy Miscevic, the Director of Youth
Prevention, and Intervention Programming. Ms. Miscevic has 18
years' experience with SBCS, currently works closely with local law
enforcement jurisdictions including CVPD and the Probation
Department and oversees numerous juvenile programs. She will
manage the day-to-day operations of the proposed program. The
YFDA will act as a liaison to CVPD and the CAT/YPI teams. Two YFDA
team members will be hired for this program (1 in year one, and 2 in
year two). Each member will have a minimum of two years working
with this population and assist in enrollment, screening and
facilitation of educational components of the project; maintain a
caseload of 20 youth, providing groups and individual case
management. SANDAG has served as the regional clearinghouse for
crime statistics in SDC for over 40 years, as well as an evaluation
partner. Staff have undergone law enforcement background checks
and are educated and experienced with action research. Octavio
Rodriguez, Ph.D, will serve as the lead evaluator for this project with
over 16 years of policy expertise and grant management experience
through his work as a research scientist, writer and academic. Dr.
Rodriguez currently also manages four existing grant projects with
the BSCC and has gained valuable insight from this hands on
experience.
Project Work Plan (2.6) Please refer to the Project Work Plan in
Appendix L.
Project Evaluation
How Evaluation Activities will be Incorporated in Project Phases (3.1)
The Applied Research Division of SANDAG will serve as evaluator.
SANDAG has worked extensively with C\/PD and SBCS on numerous
grants and projects, so there is a strong partnership to build on. To
ensure ongoing monitoring and quality control of proposed program
implementation, as well as documenting and assessing whether it is
achieving the intended goals and outcomes, SANDAG will conduct
both a process and outcome evaluation. SANDAG staff will be
involved from the beginning of program development to ensure
evaluation accurately measures program goals and objectives, to
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develop needed data collection tools, establish research timelines
and protocols, and finalize the Local Evaluation Plan (LEP). SANDAG
will create easy to read data dashboards documenting up-to-date
information on client intakes, exits, and services received, which will
be shared at meetings with partners to inform program
implementation and the need for any midcourse adjustments.
Process and Outcome Measures (3.2) SANDAG has extensive
experience with both process and outcomes measures and will work
with the partners to develop the LEP and produce the final evaluation
report that includes valid and reliable measures from multiple
sources. Whenever possible, data from existing systems (e.g.,CAT)
will be used. A list of potential process and outcome measures,
including the research question to be addressed and the source(s) of
the data is provided in the supplemental materials to this grant. Most
of the outcomes are individual in nature and will focus on answering
the question of how effective the model was and with whom. If
awarded the grant, during the evaluation planning phase, all data
collection procedures and instruments will be developed and
finalized in collaboration with the key program partners to ensure
valid and reliable data are collected.
Monitoring to Ensure Components are Implemented as Intended (3.3)
Fidelity to model and program design is extremely important and as
such, SANDAG staff will work with the partners throughout the grant
period to understand the curriculum and proposed strategies,
identify fidelity monitoring tools, and conduct surveys regarding
perception of services received. When deviations from original
strategies occur, these will also be documented, including the reason
why.
Plan for How to Collect and Evaluate Data (3.4) SANDAG will work
closely with the partners to utilize existing systems whenever
possible. Baseline data will include crime data (e.g., calls for service,
arrest, code violations) and individual level data. SANDAG staff have
required background checks and familiarity and experience with the
data systems that will be used to store and transfer data for the
project.
Methodology that will Assess if Intended Outcomes Achieved (3.5) As
described in Table 1 (and will be finalized in the LEP), a mixed-
method, quasi-experimental design will be employed to measure
change over time among participants. Descriptive, bi-variate, and
multi-variate analyses will be conducted to describe the population
and identify and factors predictive of success. As noted earlier, data
results will be shared throughout the grant period with program
stakeholders to inform program implementation and management.
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N Prop6P4roPjHec&tSWGorraknPtlParnogram I
Applicants must complete a Project Work Plan. This Project Work Plan identifies
measurable goals and objectives, activities and services, responsible parties for those
activities and services, and estimated timelines. Completed plans should (1 ) identify the
project's top goals and objectives; (2) identify how the top goals will be achieved in terms
of the activities, responsible staff/partners, and start and end dates; and (3) provide goals
and objectives with a clear relationship to the need and intent of the grant. As this grant
term is for five (5) years, the Project Work Plan must attempt to identify activities/services
and estimate timelines for the entire grant term. Include data and sources that will be
used to measure project outcomes.
Appticants must use the Project Work Plan provided below. You will be prompted to
upload this document to the BSCC-Submittable Application
(1) Goal:> Prevent or decrease use of marijuana among youth at-risk. (PPAI )
Objectives
(A., s'i etc.)
> (A) Within the City of Chula Vista provide diversion case management and prosocial activities to
youth identified by law enforcement, schools, and communities entities at risk for marijuana use and
abuse.
> (B) Provide referrals to substance use or mental health treatment when needed to case managed
youth.
> (C) Provide psycho-educational and therapeutic groups for participants within the City of Chula Vista.
Process &
Outcome
Measures:
> At least 90% of youth receiving case managed-services will successfully complete program goals
within approximately 90 days.
> At least 90% of youth receiving case managed services will demonstrated decreased needs as
measured by the Family Well Being Assessment (FWBA)
Project activities/services that support the identified- goal and objectives:
> Enroll 75 diversion youth in case management services and
programming in year one.
> Enroll 'l 50 diversion and prevention youth in case management
services and programming per year during years 2- 5.
> Facilitate weekly evidence-based psycho-educational and/or
therapeutic groups for youth participants
> Conduct I a month pro-social community service activities for youth
that include marijuana and substance use prevention and educational
information.
Responsible
staff/ partners
Timeline
Start Date End Date
> SBCS > 5/1/2023
>5/1 /2024
>5/1 /2024
>5/1 /2024
> 4/30/24
>4/30/28
>4/30/28
>4/30/28
List data and sources to be used to measure outcomes: > survey responses and treatment/sutcome data from SBCS
Efforts to Outcomes database which tracks all participant data
(2) Goal:> Increase public awareness of the risks of cannabis use, and dangers associated with illegal
dispensaries (PPA2)
Objectives
(A., B., etc.)
> (A) Conduct presentations to educate youth, parents, and community members on marijuana use
Process &
Outcome
Measures:
> At least 85% of participants will demostrate increased understanding of the risk of juvenile
marijuana use through one or more survey responses
Project activities/services that support the identified goal and objectives:
> Conduct a total of 4 youth, comminity, or parent presentations in year
one
> Conduct at least 4 social media posts per year during years 2-5
> Conduct at least 4 youth presentations per year during years 2-5
> Conduct at least 2 community presentations per year during years 2-5
> Conduct at least 2 parent presentations per year during years 2-5
Responsible
staff/ partners
Timeline
Start Date End Date
> CVPD/SBCS > 5/01/2024 > 4/30/28
List data and sources to be used to measure outcomes: > survey responses and social media engagemert metrics
(clicks, shares and likes will be measured on social media posts)
1
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(3) Goal:> Ensure businesses are complying with cannabis laws (PPA3)
Objectives
(A., s'i etc.)
> (A) Ensure legal cannabis businesses are complying with municipal codes and state laws
> (B) Ensure local businesses are complying with municipa1 and state cannabis laws
Process &
Outcome
Measures:
> A decline in illegal cannabis operations in the City of Chula Vista
Project activities/services that support the identified goal and objectives:
> Conduct 8 cannabis inspections per year
> Conduct 8 minor decoy evaluations per year
> Provide 1 training session to cannabis businesses per year
> Test hemp and CBD products for THC and pesticides when found
Responsible
staff/ partners
Timeline
Start Date End Date
> CVPD > 5/01 /2023 >
4/30/2028
List data and sources to be used to measure outcomes: > calls for service/crime/arresUcitat on records froh CVPD
and the Automated Regional Justice Information System, investigation tracking sheets and code enforcement
checklist results
(4) Goal:> Address cannabis related crime in the Chula Vista area (PPA3) ,
Objectives
(A., s'i etc.)
> (A) Monitor the community for illegal cannabis activity
> (B) Investigate cannabis related crimes,
> (C) Identify and investigate illegal cannabis businesses,
> (D) Coordinate enforcement action against illegal cannabis business operations
> (E) Educate officers about cannabis laws
Process &
Outcome
Measures:
> A decrease in drug related calls for service and drug offenses one-mile around legal dispensaries
> A decrease in cannabis related crimes
Project activities/services that support the identified goal and objectives:
> Evaluate community complaints and tips
> Conduct 2 surveillance operations per quarter
> Proactively identify and investigate illegal cannabis business activity
> Conduct 1 enforcement operation per quarter
> Investigate cannabis related crimes
> Investigate juvenile cannabis crimes
> At least 2 officers will attend 2 cannabis related trainings per year
Responsible
staff/ partners
Timeline
Start Date End Date
> CVPD > 5/01/2023 >
4/30/2028
List data and sources to be used to measure outcomes: > calls for service/crime/arrest/citation records froh CVPD
and the Automated Regional Justice Information System and investigation tracking sheets, training materials from
officer trainings
2
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Additional Information Attachment
Cited Statistics
Data on the SAM Program available at: https://www.sandaq.orq/data-and-
research/criminal-justice-and-public-safety/criminal-justice-research-and-clearinqhouse
Data from the Marijuana Prevention Initiative Report is available at:
www.ccrconsultinq.orq/mpi-resources/documents-data
Information on the Family Well Being Assessment is available here:
https://www.stronqfamiliessafekids.tas.qov.au/ data/assets/pdf file/0016/5551/3-Child-
and-Family-Wellbeinq-Assessment-Tool.pdf
Table 1
Process Questions Possible Variables of
Interest
Possible Data Sources
What were the number and
characteristics of the
program participants?
Demographics, treatment
needs, prior juvenile
justice involvement
Probation Case
Management System
(PCMS); FWBA; SBCS
intake form
What was the level and
type of services received?
Type, dosage, completion
status
SBCS treatment and
case management
tracking (Efforts to
Outcomes ETO)
How many educational
sessions were provided
and by whom?
Attendance and topics of
community educational
forums
Attendance sheets
How many law
enforcement
operations/inspections and
code compliance checks
were conducted?
Number, type, and
outcome (e.g., arrests,
citations) of law
enforcement operations
and compliance checks/?
Excel tracking form
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What was the level of
satisfaction with services?
Did program meet client
needs, staff helpfulness,
areas or improvement
Client post-survey
Was program implemented
as designed, what lessons
were learned?
Fidelity to model and
program design
Stakeholder surveys;
focus groups; fidelity
monitoring tools
Impact Questions Possible Variables of
Interest
Possible Data Sources
Did participants risk of
substance use improve?
Increased FWBA scores FWBA
Did participants understand
of the risk of marijuana use
increase?
Change in knowledge
between post educational
sessions
Pre and Post
assessments
What impact did the project
have on crime in the
surrounding areas of the
dispensaries?
Changes in crime 1-mile
around the legal
dispensaries; calls for
service; drug-related
arrests
CVPD crime data; ARJIS
data
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3. Professional Services $0
4. Non-Govemmental Organizations (NGO) Conttacts $804,302
5. Equipment/Fixed Assets $92,000
8. Daka Collection/Enhancement $0
7. Program Evalualton $245,000
8. Sustainabiliiy Planning $0
9. Other (include any travel and/or training costs)$50,000
40. Financial Audif (Up fo $25,000 may be allocated for an end of pmjec[ financial audit.)$6
n 1. Indirect Costs/Administrative Overhead (Costs may be charged sr an amount nril lo exceed Fan percent (10%) of the arJual ldal dker:l project cosls.)$119,540
TOTAL $2,708,25 €
al. '8;ilarie:s,'p550 Bene'fits '. ' a::' ' ,a" " -' a - ' = - ' " ' " - ' " a " ': ' - '- " ' " a
Title (% FTE o3_ Hourly Rate) & Benefits Grant Funds
Example (Hourly): Fiscal lianagtt S60lliour x TO liauts/month x 3 years = S21,600 + beneTiis @ 22% = 84,752 $26,352
Example (FTE): Counselor 25 FTE @ $60,000 x 3 years = 545.000 $45,000
Prop 64 Cohork 3 Detective 1.O FTE Annual Salary and Benefits (Year 2)$180,741
Prop 64 Cohork 3 Detective 1.O FTE Annual Salary and Benefits (Year 3)$189,778
Prop 64 Cohork 3 Detective 1.O FTE Annual Salary and Benefits (Year 4)$199,287
Prop 64 Cohork 3 Detective 10 FTE Annual Salary and Benefits (Year 5)$209,230
First Year Over Time Officer Assistance OT rate of $87.79/HR x 250 hours + $318.25 (Medicare)$22,266
Operation and Investigation Over Time Officers 5 0fficers ak $87.79/HR x 600 hours over 5 years+ Medicare $267,199
Operation and Investigation Over Time Agent 4 Agent at $97.86/HR x 600 hours ovey 5 years + Medicare $59,569
Operation and Investigation Over Time Sergeant 1 Sergeant ak $110.66 x 600 hours over 5 years + Medicare $67,358
TOTAI $1,195,408
S4jaries gr.d,Ei,4nefi: jah'at%:'..:"'},' a '- ' -..'-"-2)',', . =.., ,; ',, 'J ' . , '. _ _ -,, ," ' _- , : " ": a. "a" - ' " "'l ".:'l " - ="., a '
-$779,015 for Prop 84 Cohork 3 CVPD detective pay and benefits (May 1, 2024 to March 31 2028)
-$22,266 for Prop 84 Cohori3 CVP[) first year officer assistance
o250 hours of overtime for the overlapping grant period
oFor the fitst year of Prop 64 Cohork 3, Cohork 2 will overlap from April 1. 2023 to April 30, 2024. Due to staffing limitations, an officer on overtime will perform the duties
associated with Cohort 3 until Cohort 2 is completed. When Cohork 2 is completed, a detective will be assigned to Cohort 3.
-$394,126 ko fund operation and investigations overtime
ol O hours per month for 5 officers/detectives, 1 Agent, and 1 Sergeant
oSome of the operations will occur afier hours and on weekends, on overtime. to be effective. A typical enforcement operation requires a Sergeant, an Agent, 4 undercover
detectives, and a uniformed officer. A basic enforcement operation lasts approximately 5 hours, until the arrest or citation is completed. An arrest report takes approximately
3 hours to complete. A basic enforcement operation yields at least one cell phone. which holds a wealth of information about illegal cannabis operations. To access the
infomiation contained inside a cell phone, a search warrant must be wriffen. Writing a search warrant for a cell phone, and coordinating approval for it, takes approximately 3
hours, processing can take up to 10 hours. Investigating juvenile cannabis sales requires multiple social media search warrants, which take approximately 3 hours each.
Processing the information from the search warrant teturns can take up to 40 hours. Taking further enforcement action based off investigations and search warrant retums,
such as executing a search of a business, building, or an arrest warrant, would require an additional Officers and Sergeants. Previous search warrants on illegal cannabis
dispensaries required more than 20 0fficers, many of which were on overtime. The tegular activities of Cohort 3 will consume a majority of the assigned Detective's time.
Some of the investigations will need to be completed on overtime with the assistance of other Detectives.
2. Servicei and Supplies
Page 180 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Desciipuon of Services or Supplies Calculation for Expenditure Grant Funds
Exampki: Stiliporlive Services (btis passes. gas
cards offii.e suppl:es, uniTonns)
S350 x 50 Pariicipants for each of the 5 yeats
$87 500
Investigation laptops $3500 x 8 investigators $28,000
Vehicle trackers $1000 x TO $10,000
Photo Camera $625 x 8 $5,000
Button Camera $400 x 5 $2,000
Enfott.ement Buy & Bust Funds $7 ,500 $7,500
Outreach supplies $7,500 $7,500
Level Ill Body Armor $2380 x 21 $so,ooo
Surveillance van update and repair $85,000 $85,000
Maintenance of Detective vehicle $7,000 $7,000
- - "' """" ' - TOTAL $2-02-,000
Seffiices and Su6pl}eiNarritR:e: ',' - ' = - ' " "
€Social media and cell phone search warrant retums require extensive computing abilities to process their data, which overwhelms standard computers. High-perTormance
computers are necessary to operate the programs needed to forensically examine the data on the cell phones. The High-perTormance laptops will allow social media and cell
phone search warram retums to be processed easier and quicker ihan current machines. The mobility of laptops will allow ihe investigation to be conducted in flexible
locations if needed.
€Surveillance and tracking operations require multiple officers for extended durations. Technology can reduce the number of offlcsrs required, enhance the safety of the
operation, and gather important evidence. The Prop 64 Cohort 2 Detective has relied heavily on the CVPD Special Investigation Unit and Narcotics Enforcement Team for
assistance. 8 cameras would be provided to the officers assisting with sutveillance to gather evidence for investigations and prosecution.
aPrevious cannabis enforcement operations required vehicle trackers, which helped identify stash houses and coconspirators. Many of the trackers were losi as vehicles
were tracked or removed by the suspects. CVPD Special Operations, whR.h is the parent unit of NET and SILI, have lost multiple trackers which has compromised the ability
tO gatlter important information Wfien requested by tlte COHOrl2 DeteCiiVe It iS underSfOOd tl'at a perCentage Of deployed traCkerS Will le 10St, found b7 the SuSpeCt, Or
otherwise forfeited. 10 vehlt.le trackers would replenish the supply of lost trackers.
aMinor decoy operations have required multiple officers to be close to the decoy for their safety and to gather evidence. The unusual proximity of the officers has alerted
possible illegal businesses to the decoy operation. Covert button cameras for decoys will increase the safety of the decoys and success of the operations, while recording
evidence for prosecution.
aBuy and bust funds - To identify illegal businesses and their supply locations, multiple cannabis buys of increasing amounts must be performed. An ounce of illegal cannabis
costs approximately $400, with muRiple purchases required to identify the illegal opeirators. The funds will be expended over the 5 year grant peiiod.
aFlyers, tablecloths, kee give away items. Awell-organized display table with free items encourages engagement while conducting outreach and community presentations.
Increased community engagement would allow education and informaiion to be shared mor effectively while peforming community presentations. The funds will be
expended over the 5 year grant period dun'ng events.
%VPD Special Operations unit is comprised of 21 [)etectives, Agents, and Sergeants. CVPD Special Operations will be the pnmaty group assisting the Prop 64 Cohort 3
nplprliiip iuilh pnfrirrpmpnl qnrl qurvpillqnrp nnprmlnru. I)rpttinuit rqnnqhiq rliqnprutqni qpairrh ittprrqnlq nliliiprl zll rif rln)n Qnpriql nnpralinnq nurinri nrpiiinnq rliqniiniiatv
3:'ProfeiiioNal -Se#?6ffis "" = ' " ' - - " - ' " ' " -- - " '- "-" =" ' "" '. ' " " " " " " '.' " "
Description of Professional Service(s)Calculation for Expenditure Gram Funds
Example: Contract vtifh Social Marketing Firm to
design contentforiiyebsite social media channels
and stipport
Initial year 550.000 (or design and implementation
Each subseqyient year techrucal support and ongoing monitoring/maintenance for websife $15,000
per year (l)l' 4 years
$110 000
$0
TOTAL $0
Pro.fessional Services Naiyatjy': . _ ' ,, _ .
N7A
4.?lor;-Gpver.nrnp@til0rganizations(3GO)Subcoiitracts " "
Descnption of Subcontract Calculation for Expenditure Grant Funds
Example: NGO Coniracl To be identiTied Cannabis Prevention Classes S150 x 24 classes per year (x 5 years)$18,000
Page 181 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
SBCS Year 1 (1 employee)$84,835
SBCS Year 2 (2 employees)$171,356
SBCS Year 3 (2 employees)$175,468
SBCS Year 4 (2 employees)!5182,624
SBCS Year 5 (2 employees)$190,CH9
TOT ALS $804,302
Non)Goverrimentat Organizati6ns (NksO)'Subcontra67s Narrative: , ' , ' "
SBCS is the NGO parinered with CVPD for this grant SBCS will hire two Youth and Family Development Associates (Y FDA) team members for this program (1 in year one,
and 2 in year two). The YFDA will work j 00% for the program providing education, prevention, and imeiventions services using assessment driven case management and
evidence-based program (EBP). To meet the goals and objectives of PPA (Goal j ). SBCS will serve a minimum of 75 youth referred by CVPD for diversion services in year j
and j 50 youth referred for both diversion and prevention/intervention services each of the following 4 years of the grant. The YFDA will maintain a caseload of 20 youth,
providing groups and individual case management.
6.,EiuipnienUFix(id.Assets" " _' . ',_'... -
Descrlplion of EquipmenUFixed Asset Calculation for Expense Grant Funds
Example' Purchase of Vehicle 4X4 Truck and tOW packaCJe aS availa5fe (Markei Value)$85,000
Purchase Detective Vehicle $40,ODD MSRP of mid size SUV + $10,000 for police equipment outfiiiing $50,ODD
Covert Vehicle Camera $16,000 per camera * $5000 warranty x 2 cameras $42,000
TOT ALS $92,000
E.Jimei)t/FiJ%'setsaNarrative;" " " " ' - " ' a " " " " -
€ The Prop 64 Cohork 2 Detective travels throughout Chula Vista to do presentations and throughout San Diego County to conduct surveillance on illegal cannabis deliveries.
For example, a Cohort 2 enforcement operation that began in Chula Vista, ended with a search warram on a facility in Fullerton, with extensive surveillance in EI Cajon. A
vehicle was not funded by Cohort 2 for the Detective. undercover fleet vehicles at CVPD are limited and an additional assigned detective vehicle will help further the goals of
the Prop 64 Cohorf 3 Detective.
aSurveillance and tracking operations require multiple officers for extended durations. Technology can redut.e the number of officers required, enhance the safety of the
operation, and gather important evidence. The Prop 64 Cohon 2 Detective has relied heavily on the CVPD Special Investigation Unit and Narcotics Enforcement Team for
assistance. Many times, multiple locations must be surveilled at the same time. The Cohort 2 Detective has had to reduce surveillance, often compromising missions, due to
the unavailability of officers to assist. Coveri vehicle cameras would allow the Cohort 3 [)etective to safely surveil areas with minimal officers, while gathering evidence for
cases. A 5-year warranty for covert vehicle cameras will ensure the cameras operate for the duration of the grant.
!),., pita Colle_ction'/Enhancemen € '
Descrlption Grant Funds
Example. Data ad lioc reporting and upgrades for BSCC Quarfedy Progress Report measures @io;apg
$0
TOTAI $0
Page 182 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
N{A
7. Prqgram E_valuation . .. ia
Descrlption Grant Funds
Example Coniract with ABC Researchers to develop Evaluation Plan, Flnal Repoil, and assist viitli Quarterly Progress Reports $25,750
SAN[)AG Program Collaboration and Evaluation Plan Development $19,500
SANDAG Dashboard Creation and Maintenance $62,500
SANDAG Data & Survay Creation, Training, and Cleaning $26,100
SANDAG Reporting - Quarterly and Final $138,900
TOTAL $245,000
Program'EvaluationNafrative: ,
The funds requested are to support project evaluation services by SANDAG. SANDAG will ensure ongoing monitoring and quality control of proposed program
implementation, as well as documenting and assessing whether it is achieving the intended goals and outcomes. SANDAG will conduct both a process and outcome
evaluation. SANDAG staff will be involved from the beginning of program development to ensure evaluation accurately measures program goals and objectives, to develop
needed data collection tools, establish research timelines and protocols, and finalize the Local Evaluation Plan (LEP). SANDAG will create easy to read data dashboards
documenting up-to-date information on client Intakes, exits, and services received, which will be shared ak meetings with pariners to inform program implementation and the
need for any midcourse adjustments
8.,Sfistainability Plan61.n(j
Description Grant Funds
Example: Room renlal for quarterly strategic planning meeiing Tor community & gov't partners to continue services post-award S8,575
$0
TOTAI $0
Qustainability Plinning Narrativi:
N/A
9. Other (Travel, Training, etc.)
Page 183 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Description Calculation for Expense Grant Funds
Example: Training Classes fot Enforcement Ofliceis S2 50Ci/partipanl x 3 participants, includes itanung costs_ travel, and per diein.S7,!i00
BSCC Prop 64 Cohon 3 siaff traininq $1.250 x 4 oarticioants: includes travel. hotel. and per diem $5,000
CNOA Traininq For Enforcemem Officers $2,'CNO 6er'ptirfic!pan!'x'2 (iatjcipa6ts'for5'years: !ncludes'traininq costs and accomodations $20100
Califomia Cannabis Control Conference $1 793 x 2 participams for 5 vears: includes travel, hotel, traininq costs, per diem 117,930
Other Cannabis and Investigator Trainings $6,970
TOTAL $50,00 €
Oth'er (Travel, Training, etc.) Narratm:
$5,000 for Prop 64 Cohort 3 orientation with 4 pariicipants - $1,000 flights ($250 round trip x 4) and $4,000 hotels ($250 per night for 4 nights x 4)
Two officers to attend CNOA (5 days)
a The Califomia Narcotics Officer Association is the preeminent training program for drugs and narcotics, including cannabis. CNOA conference offers multiple days of
training on controlled substances including cannabis. There are special classes for cannabis investigations and awareness. By sending the Cohon 3 Detective, and another
officer, knowledge of cannabis laws and investigations can be spread through patrol.
a2022 Registration $665 X 2 = $1330, $200 hotel per day (4 days) x 2 = $1600, $49 meals per day (5 days) x 2 = $490, Transportation $300) x 2 = $600 for a total of $4,020
€Annual cost of $4,020 x 5 = $20, j 00
Two officers to attend Califomia Cannabis Control (2 days)
aCalifomia Cannabis Control is a conference with the [)apartment of Cannabis Control and cities that have legalized cannabis sales. The conference helps cities to identify
potential issues and address them before developing into problems. The conference also shares informaiion about cannabis laws and regulations.
a2022 Registration $995 x 2 = $'l,990, $200 hotel per day (2 days) x 2 = $800, $49 meals per day (2 days) x 2 = $j 96, Transportation (unknown-$300) x 2 = $600 for a total
$3,586
€Annual cost of $3,586 x 5 = 17,930
nlhsr rtinnhhis nr invpslinmive lrsininn $6 Fl7n
IO.aFinanqi;l Aiiait " . " ' 1, . _ i,
Description Grant Funds
Example Contract with XYZ Certified Public Accouniant to provide final fiscal audit $25,000
TOTAL $0
Financiql Audit Narrptive: - - - '. +.
1 *. Indirect. Costs " ' .-,_= . = !
[)escription: Indirect costs may be charged ak an amount not to exceed ten percent (1 0%) of the actual total direct project costs.Grant Funds
TOTALI $li9.540
IndirectCostsNarrative: " "" "
$1 '19,540 Indirect costs, 1 0% of CVR:)'s Salaries and Wages at $1195,407
Page 184 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
,s G T H @,t 4/,
'p-' SB -
CS
('io S
'% u N S'X
November 7, 2022
City of Chula Vista
Maria V Kachadoorian,
Roxana Kennedy, Chief of Police
ChulaVista, California 91910
Ms. Kachadoorian and Chief Kennedy:
Please accept this letter on behalf of SBCS to indicate our support and commitment to the City's cooperative
application to the Board of State and Community Corrections (BSCC) for the Proposition 64 Public Health
and Safety Grant Program. We have a successful history working collaboratively with the City and in
particular, the Chula Vista Police Department to enhance the wellbeing and safety of residence of Chula
Vista. Tmough this grant, SBCS will work closely with CVPD to provide the necessaiy resources to ensure
youth and families have the information and supports to understand the effects of marijuana and prevent
misuse among youth.
Since 1971, SBCS has been working to transform communities to support the well-being and prosperity of
children, youth, and families throughout San Diego County. SBCS is located at 430 F Street in Chula Vista,
California, and is currently in good standing with the California Secretary of State (EIN: 95-2693142;
DUNS: 113407779). As part of our Youth Prevention and Intervention continuum, SBCS will leverage and
enhance our Community Assessment Team (CAT) and Juvenile Diversion services to include a priority
pathway for those yorith at-risk for marijuana use and those with marijuana offenses within the City of
Chula Vista. Utilizing evidence-based practices, SBCS will facilitate individual and group counseling,
provide wraparound services to youth and their families, and link youth to additional supports in the
community based on their assessment driven service plan.
We look forward to continuing our partnership and working together to benefit our great community.
Sincerely,
ff'
Kathryn Lembo
President & CEO
Page 185 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
November 13, 2022
401 B Street, Sui(e 800
San Diego. CA 92101-4231
(619) 699-1900
Fax (619) 699-T90S
sar'idag.org
MEMBER AGENCIES
Cities of
Carlsbad
Chula Vrsla
Comnado
Del Mar
Er Cajon
[neintras
Escondldo
Impenal Beach
La M@5B
Lemon Grove
Na[lonal Crty
Oceansrde
Poway
San Drego
San Marcai
Santee
Solana Beach
Vista
and
Coun(yofSan Diego
ADVISORY MEMBERS
Impenal Courdy
California Department
of Transportakron
MempolrLan
Transil System
Nonh County
Transit District
Uniked Stakes
Deparkmenr ofDefense
Pork d San Diego
San Diego County
Wa[erAu[horlly
Southern California
Trrbal ChatrmerlsAssoc{aiion
Mexico
Board of State and Community Corrections
Subject: Letter of Commitment for Chula Vista Police Department's Proposition 64
Cohort 3 Public Health and Safety Grant Program Request for Proposal
Dear Evaluation Committee:
The Criminal Justice Research Division (CJRD) of the San Diego Association of Governments
(SANDAG) supports Chula Vista Police Department's (CVPD) proposal to the Board of State
and Community Corrections (BSCC) for its Proposition 64 Public Health and Safety Grant
Program, Request for Proposals Cohort 3. The proposed project will address both the
public safety and youth development and prevention components of the proposal.
CVPD will partner with South Bay Community Services (SBCS), one of the most respected
non-profit organizations in San Diego County, to implement a two-prong approach of both
enforcement and youth prevention and intervention services to address the local impact
of the legalization of cannabis in the City of Chula Vista. CVPD will focus on code
compliance to monitor legal dispensaries and target illegal ones, including ensuring legal
dispensaries are not selling products to youth under the age of 21. In concert with
enforcement and compliance, SBCS will implement evidence-based diversion, prevention,
and intervention services to increase awareness of the harm of marijuana, offer supports
and linkages to youth and families to who are at-risk of abuse, and provide educational
outreach to parents to raise their awareness of the risk and accessibility of related
marijuana use among youth.
At differenttimes, CJRD has successfully partnered with both CVPD and SBCS on numerous
other federal and state funded projects. CJRD has trusting and long-standing relationships
with each organization, as both are deeply committed to using data to drive their
practices. For this project, aRD will serve as the outside evaluator and conduct a process
and outcome evaluation to measure how the project was implemented and what effect it
had on the target population. Further, in this role, CJRD will work with CVPD and SBCS to
develop the Local Evaluation Plan, provide timely data to drive decisions, and complete
and submit the Final Local Evaluation Report, in accordance with instructions outlined in
the in the Prop 64 proposal.
CVPD and SBCS have a history of working together address the welfare of the community,
with success is supporting victims, at-risk youth, and families dealing with domestic
violence. Both organizations are highly respected in the community and dedicated to
carrying out their missions to serve the residents of Chula Vista through the provision of
evidence informed practices. aRD is excited to again partner with CVPD and SBCS on this
project and support this application to the BSCC Proposition 64 Cohort 3 grant.
Sincerely,
(%dAta E=tm'e
Cynthia Burke, Ph.D.
Senior Director, Data Science
Page 186 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
City of Chula Vista
BSCC 945-22
Page 1 of 1
APPENDIX A
PROPOSITION 64 PH&S GRANT PROGRAM COHORT 3
SCORING PANEL ROSTER
Wl'tf!je'!!!!t'!:l'ktJr::':'t!t'!lb'W"i!it"j'i'!l'F'".j:j![!m:tjf:"!!l'ffiW'i'ill'i'<"!'iJ':PmiWO&!At:&!!W!t'i',t'iS{?alffl!aJ!'R'
*j L -{J li aia
U;"i91u:!)'(Ha!!lila'fi.!'lm!!l'fflf!Wl"!iff'M'lffAW!'t'="W'!(t!!!!!!!l ma.€@e!t!F'ilff!ff4'44!!Uu...'.tl m a m !f W'I I ff
1
I
Guillermo Viera Rosa
(Chair)
BS:C Boaia fileri*ber
Director, Div. of Adult
Parole
'-"-'-I
CA Department of Corrections
and Rehabilitation
2 Devin Gray Policy Research Department of Cannabis Control -
Policy and Research Division
3 Jim Keddy Director Youth Forward
4 Ata Khan Planning Manager City of Pomona - Development
Services
5 Charles Smith Commander Department of Cannabis Control -
Law Enforcement Division
6 America Velasco
Pre-Trial Services
Coordinator
Solano County Superior Court
Page 187 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
City of Chula Vista
BSCC 945-22
Page 1 of 2
APPENDIX B
CRITERIA FOR NON-GOVERNMENT AL ORGANIZATIONS RECEMNG
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
The Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant Program Cohort 3
Request for Proposals (RFP) includes requirements that apply to non-governmental,
community-based organizations. Grantees are responsible for ensuring that all
contracted third parties continually meet theserequirements as a condition of receiving
Prop 64 PH&S Cohort 3 funds. The RFP describes these requirements as follows:
The Prop 64 PH&S Grant Program Cohort 3 RFP includes requirements that apply to
non-governmental organizations that receive funds under this grant. All grantees are
responsible for ensuring that any contracted third parties continually meet these
requirements as a condition of receiving Prop 64 PH&S Grant Program Cohort 3 funds.
The RFP describes these requirements as follows.
Any non-governmental organization that receives Prop 64 PH&S Grant Program Cohort
3 funds (as either subgrantee or subcontractor) must:
* Have been duly organized, in existence, and in good standing for at least six
months prior to the effective date of its fiscal agreement (i.e., December 1, 2022)
with the BSCC or with the Prop 64 PH&S grantee. Non-governmental entities that
have recently reorganized or have merged with other qualified non-governmental
entities that were in existence prior to the six-month date are also eligible, provided
all necessary agreements have been executed and filed with the California
Secretary of State prior to the start date of the grant agreement with the BSCC or
the start date of the grantee-subcontractor fiscal agreement.
* Be registered with the California Secretary of State's Office, if applicable;
* Have a valid business license, Employer Identification Number (EIN), and/or
Taxpayer ID (if sole proprietorship);
@ Have any other state or local licenses or certifications necessary to provide the
services requested (e.g., facility licensing by the Department of Health Care
Services), if applicable; and
* Have a physical address.
Non-Governmental Organizations (NGOs) include: community-based organizations
(CBOs), faith-based organizations (FBOs), nonprofit organizations/501 (c)(3)s, evaluators
(except government institutions such as universities), grant management companies and
any other non-governmental agency or individual. Note: These criteria do not apply to
qovernment orqanizations (e.q., counties, cities, school districts, etc.).
Page 188 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
City of Chula Vista
BSCC 945-22
Page 2 of 2
APPENDIX B
CRITERIA FOR NON-GOVERNMENT AL ORGANIZATIONS RECEMNG
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT FUNDS
In the table below, provide the name of the Grantee and list all contracted parties.
Grantee: City of Chula Vista
Name of Contracted Party Address Email / Phone Meets All
Reauirements
[> B Ci'S
L4ao F 'E=%iy%
Chvblx\/?i'+>i CA ci tcl io
k4 5(o @ z:,sL(,5;, 0 (1
! l rx - 4.zo - 2,14) :+o
Yes fil No Cl
'J)rUMCa
L1& l (4 (+,, €+4 800
Skn Thaie_40 , Cfl (;'1 2_101
Clal"lc%,!0(srkk(9 5y(i,q,
talg-(egCi- l'ho @""1
Yes € NO [:I
)-'
Yes € NO [1
Yes € NO €
Grantees are required to update this list and submit it to BSCC any time a new third-party
contract is executed after the initial assurance date. Grantees shall retain (on-site)
applicable source documentation for each contracted party that verifies compliance with
the requirements listed in the Prop 64 PH&S Grant Program Cohort 3 RFP. These records
will be subject to the records and retention language found in Appendices A and C of the
Standard Agreement.
The BSCC will not disburse or reimburse for costs incurred by any third party that does
not meet the requirements listed above and for which the BSCC does not have a signed
grantee assurance on file.
A signature below is an assurance that all requirements
listed above have been met.
("!'AM)la"'
{(l :U:7'!;!<
I
'(
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t
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HS
nT"':Tffi:R"sEm:Atlly':(J_Q,j,,so3i yhoais,J@tQj,4onii@,d to-sign t5_e, GraptA, gyet$';.5"<)'a :-:a ::i.:'y:- .,,,,,a""- :
NAME OF AUTHORIZED OFFICER
[oXan'i Kanne_a,vl
TITLE
Ch:t"r (;)-';' Phh=c -'
TELEPHONE
'ol"l-(p'?l- Eigo
STREET ADDRESS '
315 Foyv-)k 'A4ehue-
CITY'
CAhh- 'A='-=
STATE
C_A
ZIP CCDE
g lot kO
EMAIL ADDRESS
%;>h+s@ 6baxv:s-+.;xpa. o(cl
SIGNATUQ (Blue Ink Only or JE-signature) a
x _.j_x' /_/
l'-k>Ae-"' b
DATE
1';67-/,_;"-1-3
0
Page 189 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
1 City of Chula Vista Agreement No.: 2023-153
Service Provider Name: SBCS CORPORATION Rev. 2/24/2023
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH SBCS CORPORATION
TO PROVIDE DIVERSION, PREVENTION AND INTERVENTION SERVICES FOR THE
PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM
This Agreement is entered into effective as of July 25, 2023 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and SBCS CORPORATION, A California Corporation
(“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, since 1971, SBCS Corporation (formerly South Bay Community Services) has been working
to transform communities to support the well-being and prosperity of children, youth and families throughout San
Diego County; and
WHEREAS, SBCS Corporation has partnered with the Police Department since 1985 and tailored their
programs to meet the needs of the City; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction in Required Services to be performed.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need fo r
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
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1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on May 1, 2023 (the “Effective Date”) and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
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related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors, which have been approved by City pursuant to Section 1.9 above, as insureds under its policies
and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its
policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
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3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by Californi a Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermor e,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not em ployed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Servic e
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all “Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
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performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
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8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the add resses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
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to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
SBCS CORPORATION CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
KATHRYN LEMBO JOHN MCCANN
PRESIDENT & CEO MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
SBCS CORPORATION
430 F Street, Chula Vista, CA 91910
(619) 420-3620
klembo@csbcs.org
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
Contractor/Service Provider will provide diversion, prevention and intervention services to support the
Proposition 64 Public Health and Safety Grant Program.
B. Detailed Description:
SBCS Corporation will allocate one full-time Youth and Family Development Associate (YFDA) to provide
youth development, prevention & intervention services to support the Proposition 64 Public Health and Safety
Grant Program. Utilizing evidence-based practices, SBCS will not only educate but facilitate individual and
group services, and provide wrap-around support for both youth and their families.
Currently operating as a Community Assessment Team (CAT) Program, SBCS will engage, educate, and
prevent youth cannabis use and thwart a rise in marijuana-related crimes such as driving under the influence.
Together, SBCS and Chula Vista Police Department (CVPD) will act as a resource for families with issues or
who are at-risk of abuse related to marijuana consumption and will work with the legal cannabis industry to
ensure it is complying with youth prevention efforts. SBCS will work closely with CVPD to provide education,
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13 City of Chula Vista Agreement No.: 2023-153
Service Provider Name: SBCS CORPORATION Rev. 2/24/2023
prevention and intervention services to Chula Vista elementary, middle and high school youth (ages 6-18) and
parents as an enhancement to the CAT program.
Project activities that support the goals and objectives of the Proposition 64 Public Health and Safety Grant
Program include, but not limited to:
Complete risk assessment & create individualized service plan for all youth within 30 days of program
enrollment.
Facilitate weekly evidence-based psycho-educational & therapeutic youth groups for program
participants.
Facility pro-social community service activities for youth which include marijuana prevention and
education efforts within the community at least once per month.
Conduct at least one parent education presentation per quarter
Conduct at least one youth education presentation per quarter
Conduct at least one community education presentation per quarter
Conduct at least one social media education post per month
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 1,
2023 and end on October 31, 2028 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified
in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through October 31, 2028 shall not exceed $804,302.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: None.
☐ Security for Performance: None.
☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if
applicable. 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
Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to
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Service Provider Name: SBCS CORPORATION Rev. 2/24/2023
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercis e of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
☒ None
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Service Provider Name: SBCS CORPORATION Rev. 2/24/2023
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: None.
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Service Provider Name: SBCS CORPORATION Rev. 2/24/2023
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing req uirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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Service Provider Name: SBCS CORPORATION Rev. 2/24/2023
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1 City of Chula Vista Agreement No.: 2023-154
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS
TO PROVIDE PROGRAM EVALUATION SERVICES FOR THE PROPOSITION 64 PUBLIC
HEALTH AND SAFETY GRANT PROGRAM
This Agreement is entered into effective as of July 25, 2023 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and SAN DIEGO ASSOCIATION OF GOVERNMENTS,
A California Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
RECITALS
WHEREAS, the San Diego Association of Governments (SANDAG) serves as the forum for regional
decision-making for the San Diego region, which is governed by a Board of Directors of mayors, councilmembers,
and county supervisors for each of the region’s 19 local governments; and
WHEREAS, the Applied Research Division (ARD) of SANDAG will work with the City to support the
goals and objectives outlined in the Proposition 64 Public Health and Safety Grant Program; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction in Required Services to be performed.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
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GOVERNMENTS Rev. 2/24/2023
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider t o
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on May 1, 2023 (the “Effective Date”) and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each month, within thirty (30) days of the end of the month in which the services were
performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following
the Effective Date of the Agreement. All charges must be presented in a line item format with each task
separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed,
the amount invoiced to date, and the remaining amount available under any approved budget.
Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that
exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
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GOVERNMENTS Rev. 2/24/2023
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by
this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of
this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors, which have been approved by City pursuant to Section 1.9 above, as insureds under its policies
and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its
policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
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GOVERNMENTS Rev. 2/24/2023
wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be on
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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GOVERNMENTS Rev. 2/24/2023
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Cont ractor/Service
Provider, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing b y City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not em ployed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Servic e
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15)
days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall
immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section
7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work
Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily
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performed as of the date of the termination/suspension notice plus any additional remaining Required Services
requested or approved by City in advance that would maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider sh all make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
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8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached her eto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individual s”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any o f its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indica ted in Exhibit A, or
otherwise provided in writing.
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8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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GOVERNMENTS Rev. 2/24/2023
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CYNTHIA BURKE, PH.D. JOHN MCCANN
DIRECTOR, RESEARCH AND PROGRAM
MANAGEMENT
MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
SAN DIEGO ASSOCIATION OF GOVERNMENTS
401 B Street, San Diego, CA 92101
(619) 699-1900
Cindy.Burke@sandag.org
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
Contractor/Service Provider will provide program evaluation services to support the Proposition 64 Public
Health and Safety Grant Program.
B. Detailed Description:
San Diego Association of Governments (SANDAG) will perform grant program evaluation as outlined in the
proposal submitted to Board of State and Community Corrections (BSCC) for the Proposition 64 Public Health
and Safety Grant Program. Serving as the outside evaluator, SANDAG will ensure ongoing monitoring and
quality control of the grant program, as well as documenting and assessing achievement of proposed goals and
outcomes.
Project activities that support the goals and objectives of the Proposition 64 Public Health and Safety Grant
Program include, but not limited to:
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Attend meetings and collaborate with program partners and staff
Develop Local Evaluation Plan (identifying/capturing appropriate program measures) and submit to
BSCC no later than September 30, 2023
Provide timely data to program partners and staff to drive decisions
Conduct surveys regarding perception of services received
Create and maintain dashboard documenting up-to-date information on client intakes, exits and services
received
Complete quarterly reports describing progress made on program objectives
Complete Final Local Evaluation Report and submit to BSCC no later than October 31, 2028
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 1,
2023 and end on October 31, 2028 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Contractor/Service Provider as identified
in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time spent by
Contractor/Service Provider in the performance of the Required Services.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through October 31, 2028 shall not exceed $245,000.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: None.
☐ Security for Performance: None.
☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if
applicable. 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
Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercis e of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
☒ None
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Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: None.
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GOVERNMENTS Rev. 2/24/2023
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing req uirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A GRANT FROM THE BOARD
OF STATE AND COMMUNITY CORRECTIONS AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the City of Chula Vista desires to participate in the Proposition 64 Public
Health and Safety Grant Program funded through the California State and Local Government Law
Enforcement Account and administered by the Board of State and Community Corrections
(BSCC); and
WHEREAS, on April 19, 2023, the Police Department received notice from BSCC of a
$2,708,250 competitive award of Proposition 64 Public Health and Safety Cohort 3 grant to
address local impacts due to the legalization of adult-use recreational cannabis in California; and
WHEREAS, funds from the Proposition 64 Public Health and Safety Grant will address
impacts in Chula Vista surrounding monitoring of licensed/legal cannabis dispensaries,
identification and removal of illegal dispensaries, and implementation of programs aimed at youth
prevention and education, parent and community education, and preventing sales to minors by
either legal or illegal cannabis dispensaries; and
WHEREAS, the Proposition 64 Public Health and Safety Grant covers a five-year project
period of May 1, 2023 to April 30, 2028, along with a six-month period of May 1, 2028 to October
31, 2028 to complete a Final Local Evaluation Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it accepts $2,708,250 from the Board of State and Community Corrections and appropriates
$622,877 to the Police Grants section of the State Grants Fund ($133,551 to the personnel category,
$383,970 to the supplies and services category, $13,356 to the other category and $92,000 to the
capital category) in fiscal year 2023-24, for the Proposition 64 Public Health and Safety Grant
Program, to be offset by grant revenue.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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July 25, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT NUMBER BSCC
945-22 WITH THE BOARD OF STATE COMMUNITY
CORRECTIONS FOR THE PROPOSITION 64 PUBLIC
HEALTH AND SAFETY GRANT PROGRAM
WHEREAS, the City of Chula Vista desires to participate in the Proposition 64 Public
Health and Safety Grant Program funded through the California State and Local Government Law
Enforcement Account and administered by the Board of State and Community Corrections
(BSCC); and
WHEREAS, on April 19, 2023 the Police Department received notice from the BSCC of
a $2,708,250 award of Proposition 64 Public Health and Safety Cohort 3 grant to address local
impacts due to the legalization of adult-use recreational cannabis in California, which the City
applied for in December 2022; and
WHEREAS, funds from the Proposition 64 Public Health and Safety Grant will address
impacts in Chula Vista surrounding monitoring of licensed/legal cannabis dispensaries,
identification and removal of illegal dispensaries, and implementation of programs aimed at youth
prevention and education, parent and community education, and preventing sales to minors by
either legal or illegal cannabis dispensaries; and
WHEREAS, the Proposition 64 Public Health and Safety Grant covers a five-year project
period of May 1, 2023 to April 30, 2028, along with a six-month period of May 1, 2028 to October
31, 2028 to complete a Final Local Evaluation Report.
WHEREAS, the City of Chula Vista agrees that grant funds received pursuant to
Agreement Number BSCC 945-22 shall not be used to supplant expenditures controlled by the
City Council; and
WHEREAS, the City of Chula Vista agrees to abide by the terms and conditions of the
Grant Agreement Number BSCC 945-22 as set forth by the BSCC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves Agreement Number BSCC 945-22 between the City of Chula Vista and Board of
State and Community Corrections, including any amendments thereof, in the form presented, with
such minor modifications as may be required or approved by the City Attorney, a copy of which
shall be kept on file in the Office of the City Clerk, and authorizes and directs the Chief of Police
to execute same.
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Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 224 of 505
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July 25, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS WITH SBCS
CORPORATION AND SAN DIEGO ASSOCIATION OF
GOVERNMENTS FOR THE PROPOSITION 64 PUBLIC
HEALTH & SAFETY GRANT PROGRAM
WHEREAS, the City of Chula Vista desires to participate in the Proposition 64 Public
Health and Safety Grant Program funded through the California State and Local Government Law
Enforcement Account and administered by the Board of State and Community Corrections
(“BSCC”); and
WHEREAS, on April 19, 2023 the Police Department received notice from BSCC of a
$2,708,250 award of Proposition 64 Public Health and Safety Cohort 3 grant to address local
impacts due to the legalization of adult-use recreational cannabis in California; and
WHEREAS, funds from the Proposition 64 Public Health and Safety Grant will address
impacts in Chula Vista surrounding monitoring of licensed/legal cannabis dispensaries,
identification and removal of illegal dispensaries, and implementation of programs aimed at youth
prevention and education, parent and community education, and preventing sales to minors by
either legal or illegal cannabis dispensaries; and
WHEREAS, SBCS Corporation will utilize evidence-based practices to provide education,
prevention and intervention services, and San Diego Association of Governments (“SANDAG”)
will provide monitoring and quality control services to assess the achievement of proposed goals
of the program; and
WHEREAS, the Proposition 64 Public Health and Safety Grant covers a 5-year project
period of May 1, 2023 to April 30, 2028, along with a 6-month period of May 1, 2028 to October
31, 2028 to complete a Final Local Evaluation Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves Agreement to provide Diversion, Prevention and Intervention Services for the
Proposition 64 Public Health and Safety Grant Program between the City and SBCS Corporation,
in the form presented, with such minor modifications as may be required or approved by the City
Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and
directs the Mayor to execute same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves Agreement to provide Program Evaluation Services for the Proposition 64 Public Health
and Safety Grant Program between the City and San Diego Association of Governments, in the
form presented, with such minor modifications as may be required or approved by the City
Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and
directs the Mayor to execute same.
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Resolution No.
Page 2
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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July 25, 2023
ITEM TITLE
Grant Award: Accept a Grant from the Department of California Highway Patrol for the Cannabis Tax Fund
Grant Program, and Appropriate Funds.
Report Number: 23-0179
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution accepting $324,836 in grant funds from the Department of California Highway Patrol for
the Cannabis Tax Fund Grant Program and appropriate said funds to the Fiscal Year 2023-24 Police Grants
Section of the State Grants Fund. (4/5 Vote Required)
SUMMARY
The Police Department recently received notice of a $324,836 award of the Cannabis Tax Fund Grant
Program, which is administered by the Department of California Highway Patrol. The intent of the program
is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the
roadway, and improve the Department’s effectiveness through training and development of new strategies.
Staff requests that $324,836 be appropriated to the Other Expenses Category in the State Grant Funds; this
appropriation is fully offset by grant revenues.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The Police Department recently received notice of a $324,836 award of the Cannabis Tax Fund Grant
Program (CTFGP), which is administered by the Department of California Highway Patrol (CHP). The intent
of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving
laws on the roadway, and improve the Department’s effectiveness through training and development of new
strategies. The CTFGP award covers a one-year period of July 1, 2023 to June 30, 2024.
The Police Department’s goals for this project are to reduce the number of collisions involving marijuana
consumption (and other impairing drugs) and driving, as well as training Chula Vista Police Department
(CVPD) officers and other San Diego County officers to be successful in the recognition of marijuana (and
other drug) impaired drivers. Part of the goal is to educate the public on the dangers of using marijuana and
driving to reduce/stop this type of behavior. The education will be done in classroom settings as well as
during DUI saturation patrols and checkpoints. By having DUI enforcement operations, CVPD hopes tha t
drivers will make the right decision when it comes to consuming marijuana and driving.
Additionally, the Police Department will work closely with school resource officers (SROs) to provide
education to students throughout the Chula Vista school districts in relation to the dangers of using
marijuana products and impaired driving. The SRO unit currently has an officer assigned to issues/concerns
within the school system of marijuana consumption/sales. This officer will be of tremendous value when
implementing education on marijuana dangers to these students. CVPD Officers will also reach out to schools
to teach staff what to look for when it comes to drug impairment in their students (Drug Impairment Training
for Education Professionals – DITEP).
Training for police personnel, such as Standard Field Sobriety Test (SFST) and Drug Recognition Expert
(DRE), is also funded by the grant. Enforcement and education efforts by police personnel will be conducted
on an overtime basis.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will result in the acceptance of $324,836 in grant funds from CHP for the Cannabis
Tax Fund Grant Program. Additionally, there is a current-year appropriation requested of $324,836 to the
Other Expenses Category in the State Grants Fund to the Fiscal Year 2023-24 Budget. The funding from CHP
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will completely offset these costs, resulting in no net fiscal impact to the General Fund or the State Grants
Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of accepting these grants funds.
ATTACHMENTS
None.
Staff Contact: Jonathan Alegre, Police Department
Police Chief Roxana Kennedy, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING FUNDS FROM THE
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL AND
APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department recently received notice of a $324,836 award of the
Cannabis Tax Fund Grant Program, which is administered by the Department of California
Highway Patrol; and
WHEREAS, the intent of the program is to educate the public regarding the dangers of
impaired driving, enforce impaired driving laws on the roadway, and improve effectiveness
through training and development of new strategies; and
WHEREAS, the Police Department plans to use this grant funding for DUI enforcement
operations, education efforts in relation to the dangers of using marijuana products and impaired
driving and training police personnel; and
WHEREAS, the grant period is from July 1, 2023 to June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby accepts $324,836 from the Department of California Highway Patrol and
appropriates said funds to the Other Expenses Category in the State Grants Fund to the Fiscal Year
2023-24 Budget for the Cannabis Tax Fund Grant Program to be offset by grant revenue.
Presented by Approved as to form by
Roxana Kennedy Jill D.S. Maland
Police Chief Lounsbery Ferguson Altona & Peak
Acting City Attorney
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July 25, 2023
ITEM TITLE
Measure A: Amend the Measure A Public Safety Expenditure Plan to Reclassify Two Police Agent Positions
to Two Police Sergeant Positions and Restore Language for Multi-Purpose Store Front and Public Safety
Training Center
Report Number: 23-0180
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution approving the amended Measure A Public Safety Expenditure Plan to reclassify two Police
Agent positions to two Police Sergeant positions and restore language for Multi-Purpose Store Front and
Public Safety Training Center.
SUMMARY
To date, Measure A has provided funding for a total of 41 sworn and 35.52 FTE civilian positions in the Police
Department. Specifically, Measure A funds have allowed the Police Department to add 41 full-time sworn
positions, 26 full-time civilian positions, and 20 hourly civilian positions (9.52 full-time equivalent).
The Police Department is requesting to update the Public Safety Expenditure Plan to reclassify two Police
Agent positions to two Police Sergeant positions.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
During its regular meeting held on July 13, 2023, the Measure A Citizens’ Oversight Committee (COC)
recommended City Council approval of updates to the Public Safety Expenditure Plan (PSEP) to reclassify
two Police Agents to two Police Sergeants and restore original language for Multi-Purpose Store Front and
Public Safety Training Center. The COC voted unanimously in favor of these PSEP updates.
DISCUSSION
With the successful passage of the Measure A Sales Tax, staff is continuing to implement the Public Safety
Expenditure Plan (PSEP). As of July 1, 2022, the Police Department had a fund balance of $21,686,082 in the
Measure A PSEP. The Department anticipates a fund balance of $20,613,903 for fiscal year ending June 30,
2023 (unaudited projection).
Based on current operational needs, the Police Department is requesting to reclassify two Patrol Agent
positions to one Patrol Sergeant position and one School Resource Officer Sergeant position.
The chart below outlines the current Measure A staffing plan for the Police Department, as supported by the
Measure A Citizens’ Oversight Committee on April 13, 2023 and approved by City Council on May 23, 2023
(during annual budget adoption process).
Figure 1. Police Department Public Safety Expenditure Plan as of 7/1/2023
Position FY19 FY20 FY21 FY22 FY23 Total
POLICE CAPTAIN 1.0 1.0
POLICE LIEUTENANT 1.0 1.0
POLICE SERGEANT 3.0 3.0 1.0 7.0
POLICE AGENT 1.0 2.0 3.0 2.0 8.0
PEACE OFFICER 4.0 6.0 14.0 24.0
SWORN FTE TOTAL 5.0 11.0 21.0 4.0 0.0 41.0
CIVILIAN BACKGROUND INVESTIGATOR 1.0 1.0
COMMUNITY SERVICES OFFICER 2.0 2.0 4.0
DIGITAL FORENSICS ANALYST II 2.0 2.0
FORENSICS SPECIALIST 1.0 1.0
INFORMATION TECHNOLOGY TECHNICIAN 1.0 1.0
COMMUNICATIONS CENTER MANAGER 1.0 1.0
POLICE DISPATCHER 2.0 5.0 7.0
PROPERTY & EVIDENCE SPECIALIST 3.0 3.0
PROPERTY & EVIDENCE SUPERVISOR 1.0 1.0
PUBLIC INFORMATION SPECIALIST 1.0 1.0
SR. POLICE RECORDS SPECIALIST 3.0 3.0
SR. POLICE TECHNOLOGY SPECIALIST 1.0 1.0
CIVILIAN FTE TOTAL 4.0 10.0 2.0 8.0 2.00 26.00
POLICE DEPARTMENT TOTAL 9.0 21.0 23.0 12.0 2.00 67.00
Note: 20 part-time hourly CSO positions (9.52 FTE) funded through FY 2025 not reflected in the chart
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Reclassification of One Patrol Agent to One Patrol Sergeant
The Patrol Operations Division is the largest division of the police department and represents the majority
of its’ uniformed presence. Responding to more than 65,000 calls for service annually, the Patrol Operations
Division serves the community and meets crime face-to-face in a wide range of situations 24-hours a day,
365 days a year.
Currently the Chula Vista Police Department uses the following staffing plan that consists of (6) assigned
patrol teams:
Patrol Team 1 - Monday through Thursday (6 AM to 4 PM)
Patrol Team 2 - Monday through Thursday (2 PM to 12 AM)
Patrol Team 3 - Monday through Thursday (10 PM to 8 AM)
Patrol Team 4 - Friday through Sunday (6 AM to 6:30 PM)
Patrol Team 5 - Friday through Sunday (2:30 PM to 3 AM)
Patrol Team 6 - Friday through Sunday (6:30 PM to 7 AM)
Each patrol team is responsible for providing police services to 12 Beats located in the City of Chula Vista (4
West Chula Vista Beats, 4 South Chula Vista Beats, and 4 East Chula Vista Beats).
Span of Control
The Federal Emergency Management Agency (FEMA), in its Incident Command Systems (ICS), describes span
of control as the number of individuals or resources that one supervisor can manage effectively during
emergencies or special events. When looking at span of control for law enforcement agencies, organizational
management theories often cite the proper ratio as no more than six subordinates per supervisor.
Patrol Teams Span of Control
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Calls for Service and Workload for Team 6
All of the patrol teams have three sergeants with the exception of Patrol Team 6. Currently only two sergeants
are assigned to Patrol Team 6.
Patrol Team 6 also has one of the highest workloads for all the patrol teams handling many arrests, police
reports and citations. This increased workload requires supervision to be available to handle administrative
duties and front-line supervision responsibilities.
The additional Team 6 Sergeant will assist with proper supervision of officers while minimizing ris k to the
officers, liability to the department and providing better services to the community.
Calls for Service
Patrol Team Workloads
*Workload statistics include average arrests, citations, and reports per officer by patrol team and the overall
patrol average.
With additional supervision workloads to include handling increased calls for service and span of control
necessitates, a third sergeant is needed to assist with employee development and ensure compliance with
new legal mandates.
Reclassification of One Patrol Agent to One School Resource Officer Sergeant
The School Resource Officer (SRO) is a liaison between the Police Department, the public-school districts and
other school facilities with the purpose of maintaining safe school campuses. They investigate and prevent
criminal and education code violations, act as a liaison with the public and private schools, provide proactive
solutions to juvenile crime and campus problems.
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School Resource Officers are a part of our educational community. They act as a liaison with the public and
private schools, provide proactive solutions to juvenile crime and campus problems, aid in the protection
and security of school campuses, students, staff, and their families.
School Resource Officers also provide resources, foster and maintain positive relationships with the student
population, investigate and prevent criminal code violations, act as mentors and role models for students,
assist district personnel when required to reduce and education code violations, collaborate with
community-based organizations in the best interests of the health and welfare of students, and assist fellow
officers with the patrol of school campuses and surrounding areas.
SRO Span of Control
Span of control ideally consists of 6 officers to one supervisor. Currently 1 SRO Sergeant is tasked with
supervision of 1 Agent and 11 Officers. The School Resource Officer Unit also provides service to
approximately 70,560 students across 52 miles.
With the global COVID pandemic subsiding, students are now back at school and a large increase in calls for
service has taken place. In 2022, SROs handled over 5,000 calls for service and took almost 550 police
reports.
Student related threats have also become more common and are often brought to police attention after hours
or on the weekends. These threats involve investigative follow-up and coordination with school officials to
identify potential suspect(s). This investigative follow-up and coordination with school officials is often
overseen by the SRO Sergeant.
Proper supervisor span of control is needed in the SRO unit to assist with unit workloads to include after-
hour threats, increased SRO related calls for service and responsibilities of providing police services to
almost 80 schools. The addition of a new SRO Sergeant will bring the ratio of 5.5 officers supervised by one
sergeant in the unit.
Position Update
The chart below outlines the proposed Measure A staffing plan for the Police Department to re-classify two
Agent positions to two Sergeant positions, with changes highlighted in yellow.
Figure 2. Proposed Police Department Public Safety Expenditure Plan
Position FY19 FY20 FY21 FY22 FY23 FY24 Total
POLICE CAPTAIN 1.0 1.0
POLICE LIEUTENANT 1.0 1.0
POLICE SERGEANT 3.0 3.0 1.0 2.0 9.0
POLICE AGENT 1.0 2.0 3.0 2.0 (2.0) 6.0
PEACE OFFICER 4.0 6.0 14.0 24.0
SWORN FTE TOTAL 5.0 11.0 21.0 4.0 0.0 0.0 41.0
CIVILIAN BACKGROUND INVESTIGATOR 1.0 1.0
COMMUNITY SERVICES OFFICER 2.0 2.0 4.0
DIGITAL FORENSICS ANALYST II 2.0 2.0
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Figure 2. Proposed Police Department Public Safety Expenditure Plan Position FY19 FY20 FY21 FY22 FY23 FY24 Total
FORENSICS SPECIALIST 1.0 1.0
INFORMATION TECHNOLOGY TECHNICIAN 1.0 1.0
COMMUNICATIONS CENTER MANAGER 1.0 1.0
POLICE DISPATCHER 2.0 5.0 7.0
PROPERTY & EVIDENCE SPECIALIST 3.0 3.0
PROPERTY & EVIDENCE SUPERVISOR 1.0 1.0
PUBLIC INFORMATION SPECIALIST 1.0 1.0
SR. POLICE RECORDS SPECIALIST 3.0 3.0
SR. POLICE TECHNOLOGY SPECIALIST 1.0 1.0
CIVILIAN FTE TOTAL 4.0 10.0 2.0 8.0 2.00 0.00 26.00
POLICE DEPARTMENT TOTAL 9.0 21.0 23.0 12.0 2.00 0.00 67.00
Note: 20 part-time hourly CSO positions (9.52 FTE) funded through FY 2025 not reflected in the chart
Restore original language regarding Multi-Purpose Store Front and Public Safety Training
The original Intended Public Safety Expenditure Plan had a $200,000 allocation to fund a Multi-Purpose Store
Front and Public Safety Training Center for the Police Department. In 2020, the $200,000 allocation was
removed from the expenditure plan because the Police Department did not have the personnel to staff a
storefront facility and training facility and the associated language was deleted. While there are no funds
allocated to this line item in the 10-year expenditure plan, restoring the “Multi-Purpose Storefront and Public
Safety Training Center” language will allow an accurate historical vision of the plan and reflect no current
budget allocation use. The July 2023 Measure A Public Safety Expenditure Plan (Attachment 2) contains the
restored language.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The net fiscal impact to re-classify 2 Agent positions to 2 Sergeant positions is detailed in the chart below.
COST DESCRIPTION
+1 SRO
SERGEANT
+1 PATROL
SERGEANT
-1 PATROL
AGENT
-1 PATROL
AGENT NET COST
Salaries $146,056 $146,056 ($126,971) ($126,971) $38,170
Overtime - Hard
Holiday $0 $10,533 ($9,157) ($9,157) ($7,781)
Differential - Shift $0 $4,160 ($4,160) $0 $0
Laundry $300 $300 ($300) ($300) $0
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COST DESCRIPTION
+1 SRO
SERGEANT
+1 PATROL
SERGEANT
-1 PATROL
AGENT
-1 PATROL
AGENT NET COST
Flex/Insurance $19,907 $19,907 ($19,907) ($19,907) $0
PERS $31,628 $33,909 ($29,479) ($29,479) $6,579
Medicare $2,122 $2,335 ($2,039) ($1,978) $440
Retiree Medical Trust $1,200 $1,200 ($1,200) ($1,200) $0
Workers Comp $5,827 $5,827 ($5,107) ($5,107) $1,440
FY24 ANNUAL COST $207,040 $224,227 ($198,320) ($194,099) $38,848
Salary savings anticipated in fiscal year 2024 will offset the $38,848 net cost of reclassifying the two
positions. The chart below shows that there is no net fiscal impact in fiscal year 2023-24 for the two
reclassified positions.
Beginning Police Department Funds Available $20,613,903
Category
FY 2024
Adopted
Budget
Re-classify 2
Agents to 2
Sergeants
Updated
FY 2024
Budget
Estimated 1/2 cent Sales Tax Revenues $13,757,802 $13,757,802
COPS Grant Funding $83,334 $83,334
REVENUE TOTAL $13,841,136 $0 $13,841,136
Ongoing Personnel Expenditures $10,222,699 $0 $10,222,699
Ongoing Non-Personnel Expenditures
Transfer Out: Pension Obligations $1,154,282 $1,154,282
Reimbursement for Support Staff (IT, Fin,
HR, City Attorney) $515,918 $515,918
Sworn - non-personnel costs $194,492 $194,492
Police Vehicles, Outfitting, Maint., Fuel, etc. $778,649 $778,649
Civilian Non-Personnel Costs $98,976 $98,976
Ongoing Non-Personnel Expenditures
Subtotal $2,742,317 $0 $2,742,317
One-Time Expenditures
Community Services Officer (Hourly) $504,620 $504,620
Computers and other equipment $100,000 $100,000
Drone Pilot In Command contractual costs $913,536 $913,536
One-Time Expenditures Subtotal $1,518,156 $0 $1,518,156
EXPENSE TOTAL $14,483,172 $0 $14,483,172
NET FISCAL IMPACT ($642,036) $0 ($642,036)
Ending Police Department Available Funds $19,971,867
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ONGOING FISCAL IMPACT
Staff anticipate that ongoing sales tax revenues and the overall reserves in the Measure A fund will be
sufficient to fund all authorized positions in future fiscal years. It is important to note that Measure A
projected sales tax revenues fluctuate with the economy. The City will actively monitor the trends to
determine if Measure A positions need to be held vacant in order to avoid long-term structural deficits and
avoid layoffs or service level impacts. If at any point in time there exists budgetary challenges due to
unforeseen cost increases or sales tax revenue losses, Staff will reassess the PSEP to determine if positions
need to be frozen or removed from the plan, to avoid any fiscal impact to General Fund services.
Attachment 1 (Public Safety Expenditure Plan as of 7-5-2023) shows the amended Measure A PSEP, which
includes the proposed positions and amendments highlighted in yellow.
ATTACHMENTS
Attachment 1: CVPD Measure A Public Safety Expenditure Plan as of 7-5-2023
Attachment 2: Measure A Public Safety Expenditure Plan as of 7-14-2023
Staff Contact: Assistant Chief Phil Collum, Police Department
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AMENDED MEASURE A
PUBLIC SAFETY EXPENDITURE PLAN TO RECLASSIFY
TWO POLICE AGENTS TO TWO POLICE SERGEANTS AND
RESTORE ORIGINAL LANGUAGE FOR MULTI-PURPOSE
STORE FRONT AND PUBLIC SAFETY TRAINING CENTER
WHEREAS, on February 27, 2018 the City Council approved Ordinance 3415 (the
“Ordinance”) proposing to add Chapter 3.34 to Title 3 of the Chula Vista Municipal Code
establishing a one-half cent General Transactions and use Tax to be administered by the California
Department of Tax and Fee administration; and
WHEREAS, concurrently the City Council adopted a spending plan expressing its
intention to expend any new sales tax revenues generated pursuant to the Ordinance on public
safety (the “Intended Public Safety Expenditure Plan”); and
WHEREAS, the Ordinance was placed on the ballot for the June 2018 election as “Measure
A,” subject to approval by an affirmative, simple majority vote of the people as required by law;
and
WHEREAS, on June 5, 2018, the voters of the City of Chula Vista approved Measure A
authorizing a one-half cent sales tax on retail sales within the City; and
WHEREAS, on July 13, 2023, City staff presented to the Measure A Citizens Oversight
Committee (COC) a proposed amendment to the current Measure A Public Safety Expenditure
Plan to reclassify two Police Agent positions to two Police Sergeant positions and restore original
language for Multi-Purpose Store Front and Public Safety Training Center; and
WHEREAS, the Measure A COC voted unanimously to recommend City Council approval
of the proposed Public Safety Expenditure Plan changes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the amended Measure A Public Safety Expenditure Plan, in the form presented,
which results in an update to the authorized staffing of the Police Department by reclassifying two
Police Agents to two Police Sergeants.
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Resolution No. __________
Page 2
Presented by Approved as to form by
Chief Roxana Kennedy Jill D.S. Maland
Police Department Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Proposed Public Safety Spending PlanUpdated July 5, 2023Est. One-half cent Sales Tax RevenuesPhase I - Critical NeedsFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearTotal2024202520262027202820292030203120322033EstimatePolice Department Spending PlanEst. Beginning Police Department Funds Available20,613,903$ 19,971,867$ 18,219,688$ 17,035,329$ 15,796,238$ 14,486,929$ 13,108,552$ 11,614,120$ 9,998,092$ 8,247,363$ Estimated 1/2 cent Sales Tax Revenues13,757,802$ 13,895,380$ 14,312,241$ 14,741,608$ 15,183,856$ 15,639,372$ 16,108,553$ 16,591,810$ 17,089,564$ 17,602,251$ 154,922,437$ Other Revenue-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ COPS Grant Funding83,334$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 83,334$ Estimated Funds Available - Police Department 34,455,039$ 33,867,247$ 32,531,929$ 31,776,937$ 30,980,094$ 30,126,301$ 29,217,105$ 28,205,930$ 27,087,656$ 25,849,614$ Ongoing Personnel ExpendituresPeace Officers 4,710,642$ 5,007,726$ 5,179,955$ 5,357,626$ 5,544,165$ 5,740,588$ 5,965,018$ 6,201,851$ 6,451,753$ 6,715,895$ 56,875,219$ Police Agents1,022,059 1,293,382 1,337,313 1,382,522 1,430,029 1,479,957 1,537,415 1,597,988 1,661,893 1,729,391 14,471,949$ Police Sergeants1,841,269 1,979,624 2,046,374 2,114,925 2,186,906 2,262,551 2,350,188 2,442,538 2,539,949 2,642,805 22,407,129$ Police Lieutenant236,256 258,028 266,484 275,135 284,195 293,691 304,721 316,315 328,513 341,358 2,904,696$ Police Captain283,633 306,848 328,748 352,221 377,597 405,035 435,776 469,003 504,919 543,750 4,007,530$ Civilian Background Investigator89,313 104,447 106,842 109,305 111,839 114,530 117,466 120,492 123,613 126,829 1,124,676$ Community Services Officer315,771 359,773 368,306 377,092 386,150 395,758 406,211 417,002 428,141 439,643 3,893,847$ Digital Forensics Analyst II179,889 269,566 277,697 286,085 294,741 303,903 313,835 324,105 334,726 345,713 2,930,260$ Forensics Specialist106,134 120,441 124,117 127,912 131,828 135,973 140,460 145,102 149,904 154,873 1,336,744$ Information Technology Technician79,013 107,538 110,862 114,294 117,838 121,588 125,644 129,840 134,186 138,683 1,179,486$ Police Comm Systems Manager165,742 183,684 187,528 191,471 195,513 199,814 204,538 209,391 214,378 219,503 1,971,562$ Police Dispatcher767,518 897,659 917,853 938,602 959,939 982,547 1,007,163 1,032,513 1,058,628 1,085,523 9,647,945$ Property & Evidence Specialist229,696 260,454 268,719 277,266 286,104 295,449 305,535 315,981 326,811 338,034 2,904,049$ Property & Evidence Supervisor103,859 109,572 112,952 116,441 120,045 123,858 127,981 132,248 136,665 141,238 1,224,859$ Public Information Specialist99,539 115,327 118,864 122,513 126,282 130,269 134,584 139,049 143,670 148,452 1,278,549$ Police Technology Specialist118,651 141,671 144,722 147,853 151,069 154,486 158,233 162,086 166,050 170,129 1,514,950$ Sr Police Records Specialist244,336 269,184 277,689 286,479 295,572 305,187 315,564 326,316 337,449 348,990 3,006,766$ 3% personnel cost savings(370,621) (369,181) (365,251) (377,332) (389,994) (403,356) (418,510) (434,455) (451,237) (468,924) (4,048,861)$ Ongoing Personnel Expenditures Subtotal10,222,699 11,415,743 11,809,774 12,200,410 12,609,818 13,041,828 13,531,822 14,047,365 14,590,011 15,161,885 128,631,355 Ongoing Non-Personnel ExpendituresTransfer Out: Pension Obligations1,154,282 1,209,950 1,231,712 1,263,618 1,295,561 1,328,335 1,361,823 1,383,844 1,407,773 1,599,196 13,236,094$ Reimbursement for Support Staff (IT, Fin, HR, City Attorney)515,918 521,077 536,709 552,810 569,395 586,476 604,071 622,193 640,859 660,084 5,809,592$ Sworn - non-personnel costs194,492 204,217 214,427 225,149 236,406 248,227 260,638 273,670 287,353 301,721 2,446,299$ Police Vehicles, Outfitting, Maint., Fuel, etc.778,649 639,741 644,414 654,683 672,838 677,944 683,204 692,131 697,711 797,843 6,939,158$ Civilian Non-Personnel Costs98,976 103,925 109,121 114,577 120,306 126,321 132,637 139,269 146,233 153,544 1,244,909$ Ongoing Non-Personnel Expenditures Subtotal2,742,317 2,678,909 2,736,384 2,810,837 2,894,506 2,967,303 3,042,373 3,111,107 3,179,929 3,512,389 29,676,053 One-Time ExpendituresCommunity Services Officer (Hourly)504,620 521,100 - - - - - - - - 1,025,720$ Multi-Purpose Store Front and Public Safety Training Center-$ Computers and other equipment100,000 100,000 - - - - - - - - 200,000$ Drone Pilot In Command contractual costs913,536 931,807 950,443 969,452 988,841 1,008,618 1,028,790 1,049,366 1,070,353 1,091,760 10,002,966$ One-Time Expenditures Subtotal1,518,156 1,552,907 950,443 969,452 988,841 1,008,618 1,028,790 1,049,366 1,070,353 1,091,760 11,228,686 Total Police Department Proposed Expenditures14,483,172$ 15,647,559$ 15,496,601$ 15,980,699$ 16,493,165$ 17,017,749$ 17,602,985$ 18,207,838$ 18,840,293$ 19,766,034$ 169,536,094$ Fiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal Year2024202520262027202820292030203120322033Est. Ending Police Department Available Funds 17,553,177$ 15,606,546$ 14,447,397$ 13,127,461$ 11,732,570$ 10,266,588$ 8,674,422$ 6,957,383$ 5,101,034$ 2,782,653$ Reserve Contribution (16.7% of Operating Budget)2,418,690$ 2,613,142$ 2,587,932$ 2,668,777$ 2,754,359$ 2,841,964$ 2,939,698$ 3,040,709$ 3,146,329$ 3,300,928$ Est. Ending Police Department Available Funds including Reserves19,971,867$ 18,219,688$ 17,035,329$ 15,796,238$ 14,486,929$ 13,108,552$ 11,614,120$ 9,998,092$ 8,247,363$ 6,083,581$ Phase I - Critical Needs FundingPage 255 of 505City of Chula Vista City Council July 25, 2023 Post Agenda
Measure A
July 2023
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Introduction
The City of Chula Vista is located at the center of one of the richest cultural, economic and environmentally
diverse zones in the United States. It is the second-largest city in San Diego County with a population of
277,220. Residents enjoy a multitude of quality of life amenities, including award-winning public schools,
established neighborhoods, parks and trails, shopping and dining opportunities, and popular attractions.
Chula Vista is one of the top ten safest cities of its size in the country.
Public Safety is a top priority in the City of Chula Vista with 75 percent of general fund discretionary
revenues allocated to Police and Fire personnel and services (approximately $84 million of $113 million in
revenues)1. In addition, staff from Administration, Finance, Human Resources, City Attorney and Public
Works provide significant support to public safety. Unfortunately, as noted in the City’s Long-Term
Financial Plan, which is available on the City website at
https://www.chulavistaca.gov/departments/finance/financial-reports, discretionary revenues are not
keeping pace with the need for additional public safety personnel to support the City’s current and future
population.
Process for Creation of the Plan
At the June 6, 2017 Council Meeting, the City Manager was directed to “report back to the City Council
within 120 days with a plan to address the chronic understaffing of the Police and Fire Departments, with
such plan considering all options, including: (i) alternative service models that may improve effectiveness
and reduce costs; and (ii) potential funding sources.”
The City Manager established an internal working group with staff from Fire, Police, Administration and
Finance Departments to conduct a comprehensive assessment of the Police and Fire Departments. To
help identify the needs and priorities of our community and to evaluate the state of public safety, the City
Manager formed the Public Safety Advisory Committee (PSAC) in July 2017. The committee included Chula
Vista residents, business owners and community leaders.
Staff reported back to Council on September 26, 2017 with a Public Safety Staffing Report which is
available at www.chulavistaca.gov/publicsafety. The report assessed factors affecting public safety,
including:
Community and stakeholder feedback/input on priorities for delivery of public safety services
Short and long-term staffing level standards for CVPD and CVFD
Response times for Priority 1 and Priority 2 emergency calls for CVPD
Response times with properly equipped and staffed fire and medical units for CVFD
Consideration of alternate public safety service delivery models
Accounting for growth – 5-year, 10-year and build-out projection models
1 Fiscal Year 2023 City of Chula Vista Adopted Budget
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Fiscal forecasts and impacts
The Public Safety Staffing Report provided the foundation for developing the Public Safety Staffing
Strategies report which is available at www.chulavistaca.gov/publicsafety. The Public Safety Staffing
Strategies includes:
Recommending staffing allocations for CVPD and CVFD to provide critical public safety services
Estimated costs for staffing and a phasing schedule
Assessment of potential funding sources
Overview of results of public opinion surveys
The City’s Communications staff informed the Chula Vista community about public safety staffing issues
in a variety of media including: the Community Connection newsletter, press releases, public and media
outreach and social media. Additionally, CVFD and CVPD representatives have attended community
meetings and discussed these public safety staffing issues.
At the September 26, 2017 City Council meeting, Council directed the City Manager to conduct a public
opinion survey, inform the community about public safety staffing issues presented, and to come back to
Council with options to address staffing issues, including revenue options.
In November 2017, the City of Chula Vista engaged a research firm to conduct a public opinion survey to
identify the services and projects that residents are most interested in funding and to obtain input on a
potential half-cent general sales tax to fund the services.
Public Opinion on Prioritizing Projects and Programs
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At the December 19, 2017 City Council meeting, staff presented the Public Safety Staffing Strategies
report. This report outlined staffing proposals for the Police and Fire Department that addressed critical
needs. The departments evaluated their operations and identified the gaps in not only service levels, but
also in the customer service experience for residents and businesses.
At the February 13, 2018 City Council meeting, the City Council accepted the recommendations of the
Public Safety Advisory Committee to adopt the Intended Public Safety Expenditure Plan (“Expenditure
Plan”). In addition, the City Council approved the first reading of an Ordinance adding Chapter 3.34 to
Title 3 of the Chula Vista Municipal Code to establish a one-half cent General Transactions and Use Tax
and calling for a general Municipal election to be held on June 5, 2018.
At the February 27, 2018 City Council meeting, the second reading and adoption of Ordinance No. 3415
of the City of Chula Vista adding Chapter 3.34 to Title 3 of the Chula Vista Municipal Code to establish a
one-half cent General Transactions and Use Tax to be administered by the California Department of Tax
and Fee Administration including provisions for Citizens’ Oversight and Accountability.
On June 5, 2018, the People of the City of Chula Vista approved Measure A authorizing a one-half cent
sales tax on retail sales within the City.
On October 1, 2018, the collection of the Measure A sales tax began.
Citizens’ Oversight Committee
As required by the City of Chula Vista Municipal Code the Measure A Citizens’ Oversight Committee
(“COC”) was created and held its first meeting on September 26, 2018. The COC is composed of 11
members. The function of the COC is to review and report on City compliance with the terms of the
Municipal Code and the spending guidelines contained in the City Council approved Intended Public Safety
Expenditure Plan, and each Measure A Expenditure Plan presented to and approved by the City Council
thereafter. Additional information related to the Measure A COC can be found at
https://www.chulavistaca.gov/departments/city-clerk/boards-commissions/boards-commissions-
list/citizens-oversight-committee-measure-a.
Amendments to the Public Safety Expenditure Plan
On October 30, 2018, City staff presented to the Citizens’ Oversight Committee (“COC”) an amended
Measure A Intended Public Safety Expenditure Plan. The amended plan includes updated sales tax
revenue assumptions, staffing changes for both the Fire and Police Departments, and updated
expenditure assumptions. The COC voted unanimously to support the amended Measure A intended
Public Safety Expenditure Plan.
On December 18, 2018, the City Council adopted the amended Measure A Intended Public Safety
Expenditure Plan, amended the FY 2019 Budget, and authorized the addition of new positions that were
funded by the Measure A Sales Tax.
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On June 4, 2019, the City Council adopted the Fiscal Year 2020 Proposed Budget that established the
Measure A appropriations and adding authorized staffing of various City departments.
On June 18, 2019, the City Council approved a resolution amending the Measure A Public Safety
Expenditure Plan (PSEP); updating Measure A sales tax revenue assumptions; staffing changes for both
the Police and Fire departments, and updated expenditures.
On July 11, 2019, the Measure A COC voted to support amendments to the Public Safety Expenditure Plan
to add two Digital Forensics Technician II positions to meet the Police Department’s need to collect,
handle, process, and analyze digital evidence for police investigations and for criminal prosecutions.
On December 3, 2019, the City Council approved resolutions amending the Measure A Public Safety
Expenditure Plan; and amending the Fiscal Year 2020 Operating Budget; and adding authorized staffing to
the Police and Fire Departments.
On December 12, 2019, the Measure A COC voted to support amendments to the Public Safety
Expenditure Plan to add one Police Agent and three Peace Officer positions to meet the Police
Department’s need to combat illegal cannabis operations. On January 14, 2020, the City Council approved
a resolution amending the Measure A Public Safety Expenditure Plan to add one Police Agent and three
Peace Officer positions.
On May 14, 2020, the Measure A COC determined compliance of the Public Safety Expenditure Plan with
Measure A requirements and recommended City Council approval and incorporation of the proposed FY
2021 Measure A spending plan into the City’s FY 2021 budget.
On June 9, 2020, the City Council adopted the Fiscal Year 2021 Proposed Budget that established the
Measure A appropriations and adding authorized staffing of various City departments.
On August 13, 2020, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to move up the hiring of six Peace Officers to FY 2021 as a result of Community Oriented Policing
Services (COPS) grant funding. On August 25, 2020, the City Council approved a resolution amending the
Measure A Public Safety Expenditure Plan to move up the hiring of six Peace Officers to FY 2021.
On October 8, 2020, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to add one Public Information Specialist and one Information Technology Technician. On October
20, 2020, the City Council approved a resolution amending the Measure A Public Safety Expenditure Plan
to add those two positions to the Police Department.
On February 11, 2021, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to add one Operations Support Captain and three Firefighter/EMT positions to Fire Station 9, along
with one Police Lieutenant, one Police Sergeant and three Peace Officers to support Police Department
Community Relations and drone operations. On March 2, 2021, the City Council approved a resolution
amending the Measure A Public Safety Expenditure Plan to add one Police Lieutenant, one Police Sergeant
and three Peace Officers. On March 16, 2021, the City Council approved a resolution amending the
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Measure A Public Safety Expenditure Plan to add one Operations Support Captain and three
Firefighter/EMT positions to Engine 59.
On April 8, 2021, the Measure A COC determined compliance of the Public Safety Expenditure Plan with
Measure A requirements and recommended City Council approval and incorporation of the proposed FY
2022 Measure A spending plan into the City’s FY 2022 budget.
On October 14, 2021, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to add one Police Captain, one Equipment Mechanic, one Forensics Specialist, 3 Property & Evidence
Specialists, one Property & Evidence Supervisor and 3 Senior Police Records Specialists. On November 9,
2021, the City Council approved a resolution to add these 10 positions to the Measure A Public Safety
Expenditure Plan.
On April 14, 2022, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to fund five police vehicles and emerging technology, equipment and services for the fire
department. Also on April 14, 2022, the Measure A COC determined compliance of the Public Safety
Expenditure Plan with Measure A requirements and recommended City Council approval and
incorporation of the proposed FY 2023 Measure A spending plan into the City’s FY 2023 budget.
On July 14, 2022, the Measure A COC voted to support amendments to the Public Safety Expenditure Plan
to add 4 Fire Captains, 2 Fire Engineers, 3 Firefighter Paramedics, one Senior Application Support Specialist
and one Inventory Control Specialist. On August 9, 2022, the City Council approved a resolution to add
these positions to the Measure A Public Safety Expenditure Plan.
On October 13, 2022, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to add two Community Services Officers, 20 hourly Community Services Officers and supplies and
services for Measure-A funded positions. On November 8, 2022, the City Council approved a resolution
for these amendments to the Measure A Public Safety Expenditure Plan.
On January 12, 2023, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to fund police vehicles, Drone As First Responder operations and counseling services for the Police
Department. On March 7, 2023, the City Council approved a resolution for these amendments to the
Measure A Public Safety Expenditure Plan.
On April 13, 2023, the Measure A COC voted to support amendments to the Public Safety Expenditure
Plan to fund a Fuels Crew Pilot Program and Planning Consultants for the Fire Department. Also on April
13, 2023, the Measure A COC determined compliance of the Public Safety Expenditure Plan with Measure
A requirements and recommended City Council approval and incorporation of the proposed FY 2024
Measure A spending plan into the City’s FY 2024 budget.
On July 13, 2023, the Measure A COC voted to support amendments to the Public Safety Expenditure Plan
to re-classify two Police Agents to two Police Sergeants and restore original language for Multi-Purpose
Store Front and Public Safety Training Center.
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Police Department Critical Needs – February 2018 (original plan)
As of February 2018, when the original Intended Public Safety Expenditure Plan was presented to the City
Council, the Chula Vista Police Department was composed of over 300 authorized fulltime employees,
including 232 sworn officers, 91 professional staff and over 80 volunteers who worked tirelessly to provide
public safety services to the second largest city in San Diego County. CVPD general fund allocations were
at 32%, below the regional average for law enforcement agencies. CVPD had the lowest sworn staffing to
population ratio in the County and the second lowest staffing ratio in California for comparably sized cities.
Furthermore, CVPD’s staffing ratio was significantly lower than a decade ago when the Department was
authorized 259 sworn officers and 114 professional staff.
Despite such challenges, Chula Vista was fortunate to have a relatively low crime rate and it was
consistently recognized as one of the safest cities of its size in the country. Unfortunately, staffing
challenges, combined with Chula Vista’s growth, strained CVPD’s ability to continue to provide the high
level of public safety service to which the residents of Chula Vista were accustomed. After extensive
review, CVPD staff recommended substantial increases in sworn and civilian staff to raise CVPD’s staffing
to the appropriate level to meet the current and projected future service demands of Chula Vista. The
Public Safety Staffing report presented to City Council on September 26, 2017, explored the history of
CVPD’s staffing challenges and made recommendations to restore CVPD staffing to levels more in line
with those of regional law enforcement agencies. The following is a summary of the immediate staffing
needs as identified by the Police Department.
Police Department Critical Needs (Phases I and II)
Police Officers – 43 positions
Positions Phase I Phase II Total
Peace Officers 16.0 11.0 27.0
Police Agents 8.0 2.0 10.0
Police Sergeants 5.0 1.0 6.0
Total Sworn 29.0 14.0 43.0
Civilian Background Investigator 2.0 - 2.0
Community Services Officer 2.0 1.0 3.0
Detention Facilities Manager 1.0 - 1.0
Police Comm Systems Manager 1.0 - 1.0
Police Dispatcher 7.0 4.0 11.0
Sr. Police Technology Specialist 1.0 - 1.0
Total Non-Sworn 14.0 5.0 19.0
Total Police FTE Positions 43.0 19.0 62.0
Note: In addition to the positions listed above, the intented spending plan allocates
resources to support staff reimbursements, vehicles and IT equipment needs.
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Uniformed Community Patrol Officers (24 positions) Uniformed patrol responds to calls for service, deters
crime and conducts proactive policing to address traffic and quality of life issues. These are among the
primary missions of any municipal police agency. It is critical to maintain adequate staffing throughout
the City, 7 days a week and 365 days a year. The addition of 24 officers would provide more than a 30
percent increase in the number of officers on the street at any time, and would double the number of
officers in the fast-growing/developing areas of the City.
Despite personnel transfers to Community Patrol from other CVPD divisions, first-line patrol operations
are falling short of historical performance standards and outcomes. As discussed in the Public Safety
Staffing Report, Community Patrol is consistently unable to meet Priority 1 and 2 GMOC response times.
Priority 3 and Priority 4 call response times also have increased dramatically, further increasing wait times
for citizens reporting crimes or calling for police service.
Additionally, other markers of Community Patrol effectiveness indicate a decline in operational capacity.
Notable areas of performance concern 2008-2016
53% decline in officer initiated calls for service
41% decline in felony arrests
26% decline in misdemeanor arrests
49% decline in traffic citations
28% increase in traffic related deaths and injuries
10% increase in traffic collisions
51% decline in parking citations
These statistics are indicative of a reactive patrol stance rather than one which is proactive and service
oriented. The primary factor for such reductions likely are officer workloads and lack of proactive time to
address community problems other than priority calls.
It is also worth noting that police work has changed and cases and workloads are more complex than ever.
This means patrol officers must consider many more factors as they go about their work. Oftentimes this
results in a substantially increased workload. For example, the District Attorney’s Office has enhanced
case issuance guidelines which often requires more time for initial field investigations and subsequent
follow-up work by detectives.
Other factors, like Body Worn Cameras have many benefits but they extend the report writing process by
requiring officers to review video footage to ensure report accuracy. Also, social media use, almost non-
existent a decade ago, has exploded and adds to case complexity and investigative time. To complicate
matters, the public’s use of smart phones and other electronic devices requires extra time, training,
sophistication and expertise to thoroughly investigate cases. For example, search warrants are often
required when phones are seized and cases with multiple suspects may require extensive downloads and
searches of several phones and electronic devices to build a prosecutable case.
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Homeless Outreach Team (4 positions) CVPD is also challenged by increasing calls for service regarding
homelessness which require more time and resources. Issues surrounding homelessness became so
serious that in the Fiscal Year 2016-17 budget, the City Council approved funding to add two officers and
a part-time coordinator position to form the Homeless Outreach Team (HOT). While the Department’s
HOT team has done great work, two officers cannot make a large enough impact on this difficult social
and public safety challenge which requires constant monitoring and attention.
Patrol officers respond to the majority of calls related to homelessness. These cases are not simple and
often involve interconnected social dynamics, substance abuse and mental health problems. A
humanitarian policing response is complex and time consuming. Homeless outreach involves close
collaboration with social service providers to provide wraparound services and enforcement to address
the chronically homeless. Again, such coordination is a lengthy process. By adding four more officers to
the HOT team, the police department can better address issues that impact every neighborhood in the
City.
Traffic Enforcement Officers (4 positions) Traffic Enforcement Officers coordinate traffic safety
campaigns, conduct specialized enforcement, follow-up on hit and run investigations, enforce DUI laws,
address illegally parked cars and abandoned vehicles, and investigate serious and fatal traffic collisions.
Current staffing prevents the Police Department from dedicating officers to investigate hit and run
collisions, and traffic safety continues to be a growing concern in a rapidly growing city. By adding more
Traffic Enforcement Officers, the Police Department can address this urgent community need.
School Resource Officers (4 positions) The safety of our schools is another crucial priority for our
community. Since 2007, the number of School Resource Officers (SRO) has been cut in half. An increase
in the number of SRO Officers is critical for the continued safety of our 65 schools and 57,000 students.
The SRO Unit is part of the Criminal Investigations Division. Contracts with Chula Vista Elementary School
District and Sweetwater Union High School District offset almost 50% of the cost of these services with
the remainder covered by the City.
Investigations/Detectives (7 positions) The Police Department’s Investigation Division conducts follow-up
and investigations to identify and arrest criminals, locate missing persons, monitor sex offenders, locate
and return stolen property, regulate police controlled businesses such as alcohol, tobacco, and illegal
marijuana, and coordinate with federal agencies in areas related to drug enforcement, child abuse, human
trafficking, auto theft, and terrorism. Since 2007, the number of detectives in many investigation units
has been cut in half. Increasing the number of detectives is important to enhancing the police
department’s ability to investigate and prosecute criminal offenders.
Support/Professional/Civilian Staffing (19 positions)
9-1-1 Operators and Dispatchers (11 positions) The Police Department’s 9-1-1 Center is the first point of
contact for service delivery for virtually all police and fire services. All 9-1-1 calls go first to the
Communications Center before being routed as emergency calls to Chula Vista Police Dispatchers or San
Diego Fire Department Dispatch (contracted Dispatch for Chula Vista Fire). As of September 2018, CVPD
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had 21 Police Dispatchers and 5 Police Dispatch Supervisors. The Association of Public Safety
Communication Officials (APCO) standards indicate that CVPD should be staffed with a minimum of 30
Police Dispatchers, not including supervisors, based upon call volumes. Increasing staffing in this crucial
area helps to ensure public safety by improving answer times and by meeting minimum staffing
requirements as recommended by APCO standards.
Other Critical Support Staffing Needs (8 positions) Police operations require significant support from
civilian and professional staff. These important members of the Police Department include customer
service staff for the Department’s public service counter, community service and police service officers,
crime lab and evidence technicians, police report and records specialists, and technology specialists. A
moderate increase in professional staff is necessary to support additional capabilities made possible
through additional resources and capacity, and to meet the expectations of today’s modern policing
requirements.
Amended Police Department Critical Needs (Phase I) – July 2023 (current plan)
The original Public Safety Expenditure Plan (PSEP), adopted by the City Council on February 13, 2018 was
developed under the assumption that new sales tax revenue in the amount of $9M per year would be
dedicated to Police Department staffing and related support. As a result, the original PSEP proposed
adding 29 sworn and 14 civilian positions over a five-year period as referenced above. But, after
recognizing that the demands from our community and the needs of the Police Department were
constantly in a state of flux, and that projected revenue from the Measure A sales tax would likely change,
the Police Department embarked on an ongoing review of the staffing plan. The Police Department also
facilitated a number of informal meetings and discussions with internal personnel, and with internal and
external stakeholders and organizations, to seek further input on the PSEP.
As a result of this work, a modified version of the plan was developed and is presented herein. The
amended PSEP recommends the addition of 41 sworn, 26 full-time civilian, and 20 hourly civilian (9.52
FTE) positions over a six-year period.
Police Department Phase I - Implementation By Fiscal Year
Position FY19 FY20 FY21 FY22 FY23 FY24 Total
POLICE CAPTAIN 1.0 1.0
POLICE LIEUTENANT 1.0 1.0
POLICE SERGEANT 3.0 3.0 1.0 2.0 9.0
POLICE AGENT 1.0 2.0 3.0 2.0 (2.0) 6.0
PEACE OFFICER 4.0 6.0 14.0 24.0
SWORN FTE TOTAL 5.0 11.0 21.0 4.0 0.0 0.0 41.0
CIVILIAN BACKGROUND INVESTIGATOR 1.0 1.0
COMMUNITY SERVICES OFFICER 2.0 2.0 4.0
DIGITAL FORENSICS ANALYST II 2.0 2.0
FORENSICS SPECIALIST 1.0 1.0
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INFORMATION TECHNOLOGY TECHNICIAN 1.0 1.0
COMMUNICATIONS CENTER MANAGER 1.0 1.0
POLICE DISPATCHER 2.0 5.0 7.0
PROPERTY & EVIDENCE SPECIALIST 3.0 3.0
PROPERTY & EVIDENCE SUPERVISOR 1.0 1.0
PUBLIC INFORMATION SPECIALIST 1.0 1.0
SR. POLICE RECORDS SPECIALIST 3.0 3.0
SR. POLICE TECHNOLOGY SPECIALIST 1.0 1.0
CIVILIAN FTE TOTAL 4.0 10.0 2.0 8.0 2.00 0.00 26.00
POLICE DEPARTMENT TOTAL 9.0 21.0 23.0 12.0 2.00 0.00 67.00
Note: 20 part-time hourly CSO positions (9.52 FTE) funded through FY 2025 not reflected in the chart.
This amended plan is different than the original PSEP, and has been approved by both the COC and City
Council. These differences are detailed below:
Police Captain: As the Police Department has grown in size and complexity, the current
configuration of a Chief of Police and four division managers (3 Captains & 1 Admin Services
Manager) is increasingly unwieldy. The Department has become a national leader in police
innovation and 21st Century Policing, which is a significant advantage for the agency as it meets
the challenges of the future. At the same time, CVPD’s innovations draw management and
executive staff time and energy in a number of directions external to the management of the
organization. A fourth Police Captain was added in FY22 to provide for the adequate span of
control for the Department, given that 56 positions have been added to the Department through
Measure A funding, and to allow the department to consolidate management and oversight of
some crucial operational areas that are currently handled as collateral duties.
Police Lieutenant: To address the evolving needs of the community and the growing police
organization drone program, one Police Lieutenant intended for the day-to-day management of
strategic operations such as DFR, continuous improvement, special projects and other adjutant
responsibilities was added in FY21.
Police Sergeant: With the expansion of additional locations, hours of operations, and additional
Pilots In Command, one Police Sergeant overseeing daily DFR operations was added in FY21. Two
Patrol Agent positions were reclassified in FY24 to one Patrol Sergeant and one School Resource
Officer Sergeant.
Police Agent: To address the growing impact of illegal and unregulated cannabis sales, one
Homeless Outreach Agent was added in FY20 to primarily focus on outreach combating drug
impacts within the homeless population.
Peace Officer: Also related to cannabis enforcement, three officer positions were added in FY20.
One investigator is focused on illegal and non-regulated cannabis operations, one homeless
outreach officer is focused on outreach combating drug impacts within the homeless population,
and one School Resource Officer is focused on scholastic campaigns and youth anti-drug
education efforts. Additionally, two Patrol Officers were added (one in FY22 and another in FY23)
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as a result of eliminating one Civilian Background Investigator and one Detention Facility Manager
from the original PSEP. The addition of two Peace Officer positions supplements future field
staffing, helping to increase safety and improve response times. As a result of Community
Oriented Policing Services (COPS) grant funding, the hiring of six Peace Officers was moved up to
FY21 (five from FY 22 and one from FY23). Two DFR Officers and one Community Relations Officer
were added in FY21 as a result of anticipated sales tax revenue increases.
Civilian Background Investigator (-1): After receiving input from department members and other
stakeholders, the Police Department is deleting one Civilian Background Investigator from the
plan. The deletion of this position allows the department to enhance other critical needs,
including the need to increase field personnel to improve response times. To meet the projected
increase in background investigations, the Police Department instead intends to complement full-
time investigators with contracted support. Contracted support will be used until such time that
sworn patrol staffing allows for the transfer of one peace officer position to support background
needs. The temporary use of a peace officer position to assist with background investigations
allows for greater flexibility in the future – as the number of background investigations decreases,
a peace officer position (unlike a Civilian Background Investigator) may be reassigned elsewhere
within the department to meet changing demands.
Community Services Officer: Expedite the hiring of 2.0 Community Service Officers (CSO) to FY20
instead of hiring one position in FY21 and the other in FY22, respectively. The Police Department
intends to assign both CSO positions to support sworn detectives to provide much needed support
to police investigations. In FY23, add 2 full-time CSOs and 20 part-time hourly CSOs to handle
calls for service that do not require the presence of an armed police officer, resulting in a
significant reduction of response times to Priority 4 and Priority 5 calls.
Digital Forensic Technician: Add 2.0 Digital Forensics Technician II positions in FY20 to meet the
Police Department’s need to collect, handle, process and analyze digital evidence for police
investigations and for criminal prosecutions. As a result of adding these positions, the Police
Department is able to free existing customer-facing staff, including a Police Agent detective and
a Community Service Officer, that have been temporarily assigned to meet this role since FY16.
Detention Facility Manager (-1): After receiving input from department members and other
stakeholders, the Police Department has deleted one Detention Facility Manager from the plan.
While this position is important to overall department operations, the deletion of this position
helps the department better align projected Measure A resources to enhance other critical needs,
such as improving field staffing and reducing response times. The Police Department was able to
add this position through the Jail Enterprise Fund in September 2019.
Communications Center Manager: Move up the hiring date of this position to FY20 instead of
FY22, allowing enough time to complete several ongoing major projects including an expansion
of the current dispatch center to meet future staffing needs.
Police Dispatcher: Expedite the hiring of 2.0 Police Dispatchers from FY21 to FY20. The Police
Department requested to hire these two positions in January 2020, instead of July 2020 as initially
planned. Moving up the hire date by six months will allow the Police Department to meet service
needs in the Dispatch Center, which was expanded in October 2019.
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Information Technology Technician: To address daily traditional office productivity and IT
operations, one Information Technology Technician was added in FY21.
Public Information Specialist: One Public Information Specialist was added in FY21 to work under
the direction of the existing collateral PIO personnel, allowing the department to expand and
enhance transparency and engagement strategies within the modern landscape of digital media,
maintain the crucial involvement of sworn staff to put police matters into proper context, and
free some workload from sworn staff so that they can focus more on their primary crime fighting
responsibilities.
Sr. Police Technology Specialist (correction): The original PSEP contained a typographical error,
making it appear that the Sr. PTS position was not scheduled until FY2019-20. This was in conflict
with the Police Department’s intentions and with other sections of the PSEP itself. The
Department has modified the final plan to correct the error and to indicate that this position is
scheduled for FY2018-19 (rather than FY2019-20).
Forensic Specialist: After an analysis of operations relating to evidence control and laboratory
processing identified significant areas in need of improvement, a Forensic Specialist was added in
FY22 to meet ATF Minimum Required Operating Standards (MROS) for processing of firearm
evidence, to provide operational continuity for the pre-existing 2.0 Forensic Specialists when
responding to crime scene investigations, to add structural integrity to the laboratory program,
and to provide the Police Department with new capabilities necessary to help reduce gun violence
in our City.
Property & Evidence Supervisor: After an analysis of operations relating to evidence control and
laboratory processing identified significant areas in need of improvement, a Property & Evidence
Supervisor was added in FY22 to supervise the Evidence Control Unit’s pre-existing two full-time
and part-time hourly positions. Together, these positions are responsible for the processing and
maintenance of more than 40,000 evidence transactions per year.
Property & Evidence Specialists (3): After an analysis of operations relating to evidence control
and laboratory processing identified significant areas in need of improvement, (3) Property &
Evidence Specialists were added in FY22 to assist the Evidence Control Unit’s pre-existing 2 full-
time and part-time hourly positions. Together, these positions are responsible for the processing
and maintenance of more than 40,000 evidence transactions per year.
Senior Police Records Specialists (3): The administrative support needs for the Police Support
Services (PSS) unit have grown significantly while staffing in the unit has remained the same since
it lost positions in 2007 due to the recession. The PSS unit reviews and validates over 16,000
reports from the department’s record management system, over 1,500 supplemental officer
reports, and over 500 vehicle impound reports each year. In FY22, (3) Sr Police Records Specialists
were added to address the increased workload, complexity of technical systems/processes and
legislative mandates.
Equipment Mechanic: With the approval of Measure A, the Police and Fire departments have
added staff and associated vehicles and equipment. This in turn has resulted in increased
workload for the City’s Fleet Maintenance staff. In FY22, an Equipment Mechanic was added to
allow for improved service delivery for public safety vehicles as preventative maintenance and
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repairs to be addressed in a timelier manner. Half (0.5 FTE) of a full-time position was funded by
the Police Department, and the other half was funded by the Fire Department. The position was
budgeted in the Central Garage Fund.
The Police Department recognizes that current community demands, safety strategies, and staffing needs
will likely change in the future. The Police Department also recognizes that revenues and expenses used
to calculate current allocation plans may change in the future. As a result, this plan is intended to be a
“living document”. Future recommendations may change.
Desired Police Department Safety Outcomes
CVPD staff understand the fiscal outlook and limitations of the City and acknowledge the negative
consequences of not being transparent with policymakers regarding the current state of CVPD’s
operational capacity. But, it is imperative that the City recognizes the challenges to providing public safety
services to meet Chula Vista’s needs, especially with limited funding to keep pace with growth.
The top ten desired public safety service outcomes:
1. Improve Priority 1 and Priority 2 response times to consistently meet and surpass Growth
Management Oversight Commission
Priority 1 – Emergency Calls2. Properly equipped and staffed police units shall respond
to at least 81% of Priority 1 calls within 7 minutes and 30 seconds and shall maintain
an average response time of 6 minutes or less for all Priority 1 calls (measured
annually).
Priority 2 – Urgent Calls3. Properly equipped and staffed police units shall respond to
all Priority 2 calls within 12 minutes or less (measured annually).
2. Expand the Homeless Outreach Team to help address the City’s most pressing social needs
3. Improve Community Patrol staffing to provide for 40% pro-active time. This will result in
an organization that is pro-active vs. reactive to crime and disorder trends
4. Improve Communications Center staffing and operations to improve first-line contact and
service processing with the public
5. Improve Investigative capacity and follow-up in all major investigative units to maximize
successful case resolution and provide better customer service to victims
2 Priority 1 – Emergency Calls are life-threatening calls; felony in progress; probability of injury (crime or
accident); robbery or panic alarms; urgent cover calls from officers. Response: Immediate response by two
officers from any source or assignment, immediate response by paramedics/fire if injuries are believed to have
occurred.
3 Priority 2 – Urgent Calls are misdemeanor in progress; possibility of injury; serious non-routine calls
(domestic violence or other disturbances with potential for violence). Response: Immediate response by one
or more officers from clear units or those on interruptible activities (traffic, field interviews, etc.)
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6. Improve the Traffic Division’s operational footprint to proactively respond to traffic related
problems and reduce traffic related deaths and injuries
7. Significantly expand the School Resource Officer Unit to more adequately serve the needs
of growing school districts and the youth population of Chula Vista4
8. Expand use of technology to streamline operations and support intelligence led policing
practices
9. Expand the Department’s Community Policing Unit and community outreach efforts to
foster stronger community ties
10. Provide for the expansion of services to the eastern section of the City by staffing a
storefront or small substation with full-time staff during regular business hours. A similar
storefront would be planned for the Bayfront tourist district to support a reconstituted
bike team to patrol the tourist district
Fire Department Critical Needs
The mission of the Chula Vista Fire Department (CVFD) is to protect life, environment and property.
Carrying out that mission is very complex and becomes more complex with each passing year. The Public
Safety Staffing Report, as presented to the City Council on September 26, 2017, evaluated CVFD’s core
capabilities and services and compared them against outcome-based performance metrics that are
supported by appropriate regulations, industry standards and best practices.
As the City’s population grows, there will be a subsequent increase in demand for fire and emergency
services (call volume). Urban planning has and continues to move toward higher housing densities and it
is critical for the Fire Department to support the additional population, as well as prepare for wildland fire
events, natural disasters, and the present threat of active shooter incidents and terrorism. The variety of
service demands will require a shift in how the Fire Department deploys and delivers services, with the
outcome focused on protecting life and property.
The following includes a summary of the staffing needs as identified by the Fire Department. A more
detailed discussion is available in the Public Safety Staffing report.
4 During FY2020-21, discussions with school districts suggested some potential concerns over the size and role of
the School Resource Officer Unit in context with a larger dialogue about the role of police officers in our
communities and in our schools. During the same period, the relative amount of reimbursement from the
Sweetwater Union School District declined causing a reduction in dedicated School Resource Officers provided to
the district. The Police Department understands that community perception may change along with expectations
of Chula Vista’s school districts. The Police Department is dedicated to enhancing safety and services to Chula
Vista’s schools and youth populations, but will continue to listen to the needs of the district. As a result, the Police
Department may seek alternative means of enhancing safety for our schools and youth populations without
unnecessarily expanding the number of school resource officers when such action is not consistent with the
desires of our school districts or our community.
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Current Coverage
Fire Department Phase I and II - Critical Staffing Needs
(As presented in 2017 Public Safety Staffing report)
Positions Phase I Phase II Total
Deputy Chief 1.0 1.0 2.0
Fire Captain 8.0 12.0 20.0
Fire Engineer - 12.0 12.0
Firefighter/Paramedic 8.0 12.0 20.0
Firefighter 18.0 18.0 36.0
Fire Inspector/Investigator II - 3.0 3.0
Public Education Specialist 1.0 - 1.0
Total Fire Personnel 36.0 58.0 94.0
Note: In addition to the positions listed above, the intented spending plan allocates
resources to support staff reimbursements, vehicles and IT equipment needs.
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Fire Department Amended Phase I/II Public Safety Expenditure Plan
This plan is different than the original PSEP as approved by both the COC and City Council in January 2018.
Differences are described in the above table and are detailed below.
In March of 2019, the Fire Department applied for a FEMA SAFER Grant, and as a result, 3.0 Firefighters
in the Measure A Spending Plan were removed pending the outcome of the potential grant award. In
September 2019, FEMA announced to the city acceptance of the grant proposal, and funding of the grant
award. The funding of the grant offset a percentage of the costs for these positions over the next three
years. Staff brought forward a mid-year adjustment and spending plan amendment to move 3.0
Firefighter positions from FY2021 to FY2020 for the new Millenia Fire Station.
The responsibility of the Fire Department is to review response performance data and the appropriate
application of Measure A sales tax revenues that will ensure the best return on investment in terms of
staffing improvements for improved deployment of Fire Department resources.
The Fire Department with support of the Finance Department has studied its current staffing model for
SQUADS. It has been determined that a positive return on investment will be attained through adjustment
of SQUAD staffing practices with a transition from full time equivalent staffing to an overtime-based
staffing model. The anticipated savings from the new SQUAD service delivery model, and increase to the
Measure A Sales Tax revenue projection, will allow the hiring of 9.0 additional Firefighters. This staffing
change will result in three of the four current Fire engines without 4.0 staffing to be staffed at 4.0 staffing
levels upon the completion of the FY20 Fire Academy (January through May).
The new staffing model will allow the department to maintain SQUAD deployment and allow for the
expansion of 4.0 staffing beginning in January 2020 on Engine 56, and starting in June 2020 expanded to
both Engine 54 and 58. The proposed staffing schedule illustrates the expansion of 4.0 staffing (hiring of
9.0 Firefighters for the expansion of 4.0 Staffing on three existing engines, and 3.0 Firefighters for the new
Millenia Fire Station).
FTE Balance: FY19 FY20 FY21 FY22 FY23 FY24 Total
Deputy Fire Chief 2 - - (1) - - 1
Fire Captain - Ops Support - - - 1 - - 1
Fire Captain - Public Education & Media Services 1 - - - - - 1
Fire Captain - Squads * 2 2 (4) - - - -
Firefighter/Paramedic - Squads * 2 2 (4) - - - -
Firefighter EMT (4.0 Staffing) 12 3 9 3 - 3 30
Fire Captain - 80 Hour - - - - 2 2 4
Fire Engineer - 80 Hour - - - - 2 - 2
Firefighter/Paramedic - 80 Hour - - - - 3 - 3
Senior Application Support Specialist - - - - 1 - 1
Inventory Control Specialist - - - - 1 - 1
TOTAL FIRE PERSONNEL (AMENDED) 19 7 1 3 9 5 44
*Positions fill with equivalent positions utilizing overtime
ORIGINAL PSEP TOTAL FIRE PERSONNEL 12 13 11 - - - 36
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Fire Department Amended Phase II Public Safety Expenditure Plan
Fire Department emergency operations performance standards are focused on outcomes of core
functions and services provided. The Fire Department has found that by establishing the following three
metrics, all other services are met when these are achieved. Meeting these metrics also provides the
highest level of service to the residents of Chula Vista.
Fire; First Unit On-Scene
First unit on-scene within seven minutes 90% of the time, with four firefighters, is known as the Initial
Attack Force. This Attack Force establishes command at the scene, initiates an attack on the fire, and
performs search and rescue. The key function of this metric is to maintain distribution and reliability of
resources. If a unit arrives prior to the seven-minute mark and initiates fire attack prior to flashover
occurring, the survivability within the room of origin increases and fire loss is reduced.
Fire; Effective Response Force
14 firefighters on-scene within ten minutes 90% of the time is known as the Effective Response Force and
capable of command and control of the scene, establishing a water supply, supporting and backing up fire
attack, completing search and rescue, performing ventilation of heat and smoke, providing a Rapid
Intervention Crew and a Safety Officer. Fighting a fire requires the right number of personnel and
resources to meet this metric. The critical tasks required by the Effective Response Force include
coordinating and allocating resources, extinguishing the fire, searching for victims, and performing
ventilation. By having the correct number of firefighters on-scene in a timely manner, the fire can be
extinguished, and firefighters can then tend to property conservation tasks.
EMS; First Unit On-Scene
In the case of emergency medical events, having the first unit on-scene within seven minutes 90% of the
time is crucial to a positive outcome for the patient. Units must establish command, provide basic life
support and initiate advanced life support patient care. Arriving prior to the seven-minute mark provides
basic life support patient care to stabilize the sick and injured. Once the patient is stabilized, advanced life
Positions Phase II
Deputy Fire Chief 1.0
Fire Captain 12.0
Fire Engineer 12.0
Firefighter/Paramedic 12.0
Firefighter 18.0
Fire Inspector/Investigator II 3.0
Total Fire Personnel 58.0
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support skills can be initiated prior to the arrival of the transporting ambulance. With the arrival of the
first on-scene unit within seven minutes, survivability increases significantly.
Fire Prevention/Investigation
Within the Fire Prevention Division, the primary outcome metric is to identify and eliminate hazards.
Therefore, it is important that the Division complete all required inspections. These metrics are used to
determine if the Fire Prevention Division is accomplishing its goals. The Division’s current metrics are:
For Fire Code Inspection services, the following performance metrics shall be met:
• Complete 100% of permitted occupancy inspections annually
• Complete 100% of California State Fire Marshal regulated occupancy inspections annually
• New business license inspections are completed within 30 days
For Fire Safety Engineering services, the following performance metrics shall be met:
• Complete 90% of plan reviews within the established time frames
For Fire Investigation services, the following performance metrics shall be met:
• 100% of fire origin and cause investigations performed by Fire Prevention personnel
For Community Risk Reduction Education services, the following performance metrics shall be met:
• Complete 200 public education/outreach sessions/classes/events annually
Recommendation 1 (Completed)
In FY 2019, fund one additional firefighter on four of eight engine companies. This would provide four
firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) to engines 51,
52, 55 and 57; adding 12 full time employees to the Fire Department’s authorized staffing.
Implementation of this recommendation is forecasted to improve service delivery performance outcomes
by the following:
Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
*West **Central
EMS; First Unit 81.1% 81.3% (+) .3% (+) .8%
Fire; First Unit 44.7% 58.4% (+) 18.6% (+) 6%
Fire; EFF 49.7% 54.3% (+) 1.7% (+) 15%
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*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
Recommendation 2 (Completed)
In FY 2019, fund two Deputy Fire Chief positions. One Deputy responsible for Fire Administration duties
and one Deputy responsible for Emergency Medical Services.
Deputy Fire Chief – Emergency Medical Services - The February 2018, Intended Public Safety Expenditure
Plan identifies the addition of a Deputy Fire Chief in fiscal year 2020 and another in fiscal year 2025. It is
the intention of the Fire Department to implement both positions in fiscal year 2019 with one assigned
Administrative and the second EMS responsibilities. The Chula Vista Fire Department renewed a 3-year
contract for ambulance transport services with American Medical Response (AMR) in October of 2018.
This new agreement is a continuation of an ongoing contracted service with AMR for the past 40 years.
The Fire Department is seeking ways to improve ambulance transport services, and ambulance response
times, as well as reducing base rate costs to residents who use ambulance transport services. With, the
EMS Deputy Chief in place, they conducted a thorough analysis of service delivery options and presented
them to City Management and City Council. In May of 2020, the City Council elected to assume ambulance
transport services and those services be delivered by the Chula Vista Fire Department.
Measure A funding of this Deputy Fire Chief position will only be necessary for the duration of time
necessary to complete the analysis and implement Fire Department Based Ambulance Transport System.
As of the launching of the Fire Department Based Ambulance Transport System, this position has been
removed from the Measure A Expenditure Plan and is now funded by the Ambulance Transport System.
Deputy Fire Chief – Administration This Position was originally budgeted for FY20 and has been amended
to reflect FY19. The Fire Department currently operates with an executive staff consisting of the Fire Chief
and a Deputy Fire Chief responsible for the Operations Division. By comparison, during the recession in
2009, Fire Department Executive Staff included an additional Deputy Fire Chief responsible for oversight
of the Administrative Division.
The Fire Department Strategic Business Plan consists of 5 Lines of Business: Administration, Operations,
Fire Prevention, Support Services, and Training. Of these, there are currently two Lines of Business that
must share management oversight which has been delegated to existing senior staff members because
the Department lacked funding to adequately fill a Deputy Fire Chief staff position. Using Measure A funds,
the Fire Department will fill the vacated Deputy Fire Chief position.
Within each line of business are a number of programs and services. For example, the Human Resources
Program consists of the following services: Staffing, Professional Standards, Volunteer Services, Employee
Support Services, and Special Events. Furthermore, each service is further broken down into a manageable
series of tasks.
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Due to inadequate staffing, these workloads are either added to other Senior Staff member’s current
workloads or are overlooked and ignored. Filling the Deputy Fire Chief position will allow for proper
oversight of the Administration and Support Services Line of Business.
This Deputy Chief will oversee two of the five Lines of Business within the Fire Department; the
Administration Line of Business and Support Services Line of Business.
Recommendation 3 (Completed)
In FY 2019, fund a Public Education and Media Services position (Fire Captain) responsible for community
risk reduction education including completing community risk assessments, community education
program development and coordination, social media engagement, and respond to media requests and
public inquiries.
Recommendation 4 (Completed)
In FY 2019, fund one squad response unit. In FY 2020, fund one additional squad response unit. This will
provide a much-needed increase of distribution of response resources in the east and will provide four
firefighters (1 Fire Captain and 1 Firefighter/Paramedic on each squad) daily. Implementation of this
recommendation is forecasted to improve service delivery performance outcomes by the following:
Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
***East FS8
EMS; First Unit 81.1% 82.3% (+) 5.5% (+) 8%
Fire; First Unit 44.7% 48.5% (+) 8.2% (+) 23.5%
Fire; EFF 49.7% 52.4% (+) 4.3% (+) 2.9%
*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
As of FY21, Squads are now filled on an overtime basis rather than with FTE’s.
Recommendation 5 (Completed)
In FY 2021, fund the fourth firefighter on the Millenia fire station (fire station 10) engine company. This
would provide a 4.0 staffed crew with four firefighters (1 Fire Captain, 1 Fire Engineer, 1
Firefighter/Paramedic, and 1 Firefighter/EMT) daily, adding 12 full time employees to the Fire
Department’s authorized staffing (refer to footnote on Page 12 related to the City applying for a FEMA
SAFER Grant). Implementation of this recommendation is forecasted to improve service delivery
performance outcomes by the following:
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Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
***East FS7
EMS; First Unit 81.1% 81.5% (+) 2.2% (+) 3.8%
Fire; First Unit 44.7% 45.4% (+) 3.4% (+) 0%
Fire; EFF 49.7% 51.7% (+) 10.2% (+) 13.2%
*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
Recommendation 6
In FY 2024, fund one squad response unit. In FY 2025 fund one squad response unit. This will provide
additional needed distribution of response resources in the east and will provide four firefighters (1 Fire
Captain and 1 Firefighter/Paramedic on each squad) daily. Implementation of this recommendation is
forecasted to improve service delivery performance outcomes by the following:
Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
**Central FS4
EMS; First Unit 81.1% 82.2% (+) 2.8% (+) 3%
Fire; First Unit 44.7% 48.2% (+) 9.6% (+) 22%
Fire; EFF 49.7% 53% (+) 12.7% (+) 11.1%
*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
Recommendation 7
In FY 2024, fund the fourth firefighter on the Bayfront fire station (fire station 11) engine company. This
would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1
Firefighter/EMT) daily, adding 12 full time employees to the Fire Department’s authorized staffing.
Implementation of this recommendation is forecasted to improve service delivery performance outcomes
by the following:
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Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
*West
EMS; First Unit 81.1% 82.9% (+) 3.1%
Fire; First Unit 44.7% 51.7% (+) 12.2%
Fire; EFF 49.7% 57.3% (+) 14.3%
*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
Recommendation 8 (Completed)
As part of Phase II fund one additional firefighter on the remaining four of eight engine companies.
This would provide four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1
Firefighter/EMT) daily, adding 12 full time employees to the Fire Department’s authorized staffing. As of
September of 2021, all engine companies in the city will be staffed at 4.0.:
Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
*West
EMS; First Unit 81.1% 82.9% (+) 3.1%
Fire; First Unit 44.7% 51.7% (+) 12.2%
Fire; EFF 49.7% 57.3% (+) 14.3%
*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
Recommendation 9
As part of Phase II funding the fire station 3 engine company. This would provide four firefighters (1 Fire
Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily, adding 12 full time
employees to the Fire Department’s authorized staffing. This recommendation is driven by increasing call
volume in southwest Chula Vista. Implementation of this recommendation is forecasted to improve
service delivery performance outcomes by the following:
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Revised: July 14, 2023
Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
**Central FS9
EMS; First Unit 81.1% 82.4% (+) 1.2% (+) 3.6%
Fire; First Unit 44.7% 52.2% (+) 11.8% (+) 38.1%
Fire; EFF 49.7% 61.4% (+) 22.4% (+) 57.4%
Recommendation 10
As part of Phase II funding the Bayfront fire station (fire station 11) truck company. This would provide
four firefighters (1 Fire Captain, 1 Fire Engineer, 1 Firefighter/Paramedic, and 1 Firefighter/EMT) daily,
adding 12 full time employees to the Fire Department’s authorized staffing. This recommendation is
driven by development and new growth of the Bayfront area of the city. Implementation of this
recommendation is forecasted to improve service delivery performance outcomes by the following:
Metric Current City-Wide
Performance
City-Wide Performance
Improvement
Greatest Geographic
Improvement
*West FS9
EMS; First Unit 81.1% 81.3% (+) .3% (+) .3%
Fire; First Unit 44.7% 51.2% (+) 10.3% (+) 1.9%
Fire; EFF 49.7% 59.2% (+) 10.3% (+) 55.8%
*West represents fire stations 1 & 5
**Central represents fire stations 2, 3, 4, 9
***East represents fire stations 6, 7, 8
Recommendation 11
As part of Phase II fund one Deputy Fire Chief responsible for Support Services including information
technology, facility management, fleet management, equipment management, supplies management and
communication systems management.
Recommendation 12
As part of Phase II fund three Fire Inspector/Investigators assigned to conduct life safety inspections in
multi-family apartment/condominium buildings, mobile home parks and assist in completing a higher
percentage of fire investigations.
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Measure A Public Safety Expenditure Plan 2023
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Revised: July 14, 2023
Phase I – Critical Needs Funding
The City Council was provided an overview of various revenue options for consideration. In addition, the
City Council heard the findings from the public opinion survey conducted in November 2017. After
discussions regarding the critical needs and funding options, the City Council directed the City Manager
to return with a proposal for Council consideration to place a half-cent sales tax measure before the voters
to fund public safety critical needs.
After reviewing the critical needs for each department, as well as the costing information to address the
needs, staff has identified two phases to address the staffing shortage in public safety. Phase I outlines
the most critical needs identified by the Police and Fire Departments for the next 10 years. Although
addressing these needs does not fully address critical staffing needs entirely, it does allow the
departments to significantly improve the service level provided to residents and businesses throughout
the City. Phase I public safety critical needs could be funded by the Measure A half-cent sales tax measure
which would generate approximately $18 million per year. Sales taxes, also referred to as transaction and
use taxes, are an option for cities to consider when looking for significant additional funding. Sales taxes
must be approved by registered voters to take effect. If the funds are intended to be used for a specific
purpose a 2/3 voter approval is required. For general use sales taxes, a 50 percent plus one vote is required
for approval. The combined local sales taxes are capped at two percent, with some exceptions allowed by
state law. This means that cities are only able to add a 1 percent additional sales taxes when proposing a
new measure. This is typically proposed in one-quarter cent, half-cent or one cent increments.
The measure provides that any proposed expenditures of new sales tax revenues in the initial year will be
presented in a form consistent with this Plan to the Citizen Oversight Committee prior to City Council
consideration. For each subsequent year, the spending plan, after review by a Citizen Oversight
Committee, will be included in the City Manager’s proposed budget for Council consideration as part of
the annual budget process.
The measure requires that expenditure of new sales tax revenues be tracked in a variety of ways. First, all
new revenues will be accounted for in the General Fund as a separate line item. Any and all expenditures
of Measure “A” will be tracked and accounted for by the City’s Finance Department staff in accordance
with Generally Accepted Accounting Principles (GAAP). Second, an independent audit of Measure “A” will
be included as part of the City’s annual audit. Finally, a Citizen’s Oversight Committee was formed to
review and report compliance with the sales tax ordinance and spending guidelines contained in the
Intended Public Safety Expenditure Plan.
Note: This Plan is intended to guide City expenditures consistent with its terms. It does not, however,
constitute a binding legal commitment on the City Council to approve any of the expenditures proposed
herein. Provided that all proposed expenditures continue to be for public safety critical needs including
support staff and equipment needs as outlined in the spending plan, this Plan may also be updated or
amended from time to time by City staff, or by action of the City Council, in order to address changed
priorities, standards and/or funding availability. There shall be no third party beneficiaries to the terms of
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Measure A Public Safety Expenditure Plan 2023
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Revised: July 14, 2023
this Plan. This Plan does not modify the terms of the sales tax measure. To the extent of any conflict
between the terms of this Plan and the sales tax measure, the terms of the sales tax measure shall govern.
Citywide Support Staff
Public Safety is a top priority in the City of Chula Vista. As of July 2021, the City allocates approximately
72% of discretionary revenues to the Police and Fire Departments combined. This includes approximately
$22.9 million in revenue from Measure A, but doesn’t include the citywide support staff in Finance, Human
Resources, Information Technology, Administration, City Attorney and Public Works that spend a
significant amount of time supporting public safety services. The spending plan does take into account an
annual estimated reimbursement to the support departments for Measure A related activities. Some of
the services provided by the support departments to public safety include payroll processing, deferred
compensation, financial analysis, procurement, budgetary support, recruitment, employee benefits,
workers compensation, employee performance, labor negotiations, public safety IT systems support, legal
services, contractual oversight, risk management and facilities and equipment maintenance.
The annual allocations to these departments may vary based on the time spent supporting public safety
and is based on support staff expenses not to exceed 3.75% of Measure A revenues. The initial years may
require additional funding due to recruitment costs and other support services. The following are the
budget allocations for FY 2023 and FY 2024 estimate:
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Measure A Public Safety Expenditure Plan 2023
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Revised: July 14, 2023
Temporary Multi-Purpose Storefront and Public Safety Training Center
A portion of the sales tax funds could also be allocated for a temporary public safety training facility in
central Chula Vista. The facility would not be a permanent structure but could provide for joint training
opportunities for Police and Fire personnel. The Fire Department currently utilizes the four-acre site in
Rancho Del Rey located at 850 Paseo Ranchero for training purposes. The location provides both
classrooms and training props designed for hands-on training experience. The funding would add an
additional facility on the property to be used on a temporary basis.
The Police Department would use portions of the temporary facility to enhance training and to provide a
secure area from which officers patrolling the eastern sector of the City could work. At this time, CVPD
does not have the personnel to staff a storefront facility, however, an appropriately designed temporary
facility could enhance police service to central and eastern Chula Vista by allowing officers a secure area
to work when they are not engaged in patrol activities. Depending on the design, there could also be
public access to meet officers for reports or hold community meetings. It would also provide a training
venue within the City limits for police officers. Many training venues are outside of the City limits, thus
requiring additional travel time. Having a facility near the center of the City will reduce travel time, allow
more time for training related activities and get officers back in service faster to serve the operational
needs of the Police Department. An appropriately designed and staffed facility would also give the public
an alternative to driving to the main police station for service. This would serve to support the Police
Department personnel as it seeks to improve response times in the eastern area of the City.
The original Intended Public Safety Expenditure Plan had a $200,000 allocation to fund a Multi-Purpose
Store Front and Public Safety Training Center for the Police Department. In 2020, the $200,000 allocation
was removed from the expenditure plan because the Police Department did not have the personnel to
staff a storefront facility and training facility and the associated language was deleted. Although no funds
are allocated in the current Public Safety Expenditure Plan, this will remain as a line item in the plan for
potential use in the future.
Phase II Critical Needs Funding
Phase II public safety critical needs could move forward as the City’s economic base improves and major
transformational projects begin moving forward such as the Bayfront and University development
projects. Other funding options may also be considered in the future as part of the annual budget process.
Phase II Funding Options
Local governments receive revenues from a variety of sources. The detailed listing of all the City’s funding
sources is included in both the Annual Adopted Budget and the Comprehensive Annual Financial Report.
Following is a summary of other revenue sources which could be considered in the future to address Phase
II if the City’s economic base does not grow sufficiently to fund additional critical needs.
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Measure A Public Safety Expenditure Plan 2023
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Revised: July 14, 2023
Parcel Taxes – Parcel taxes are another method for cities to raise new revenues. Like sales taxes, parcel
taxes require registered voter approval. The key difference is that all parcel tax measures require 2/3 voter
approval to pass. There is no specific cap on the level of parcel taxes that can be proposed for voter
consideration. For example, with an additional $100 parcel tax, the City would generate approximately
$10 million in new revenue annually.
Special District Taxes – Special Districts come in a variety of forms. Some are used to build new
infrastructure, while others are maintenance related to help preserve assets that were previously built.
As it relates to public safety, the most common special district is a public safety community facilities
district (CFD). Depending on the number of parcels and registered voters within the proposed taxing area,
the approval of the tax may come from the property owner or registered voters. A 2/3 vote is typically
required for approval of a new CFD. The most common application of a public safety CFD is to identify
new development areas within a City and propose a new special tax in that area to maintain or enhance
service levels for future residents. Special tax rates may vary depending on the type of residential and
commercial development within the CFD boundaries. The main restriction of special district safety taxes
is that the funds are earmarked and must be spent in the area in which the voters approved the measure
(district boundaries).
Fees – Fees are discussed in greater detail within the City’s Long Term Financial Plan. In general, fees can
be established or increased with the vote of City Council. It is a best practice to set fees at full cost
recovery, or the total cost of providing the services to the individual or company, when the services are
provided to an individual and are not a general benefit to the community. For public safety purposes, fees
may come in the form of administrative fees, permits or other activities provided to individuals. An
example may be a fire response fee when responding to negligent behavior when a fire is started because
of conditions not within code or a police false alarm fee to recover cost of non-incident alarms.
Transient Occupancy Taxes – Transient Occupancy Taxes, also referred to as TOT, are taxes paid by
hotel/motel guests when the duration of the stay is less than 30 consecutive days. A majority vote of the
electorate is required to approve an increase in the TOT rate within a City. Currently, the City’s TOT rate
is 10 percent. Each 2 percent increase in TOT would bring in an estimated $800,000 annually based on the
existing hotels in the City.
Also, recent projections by the City’s actuary does assume that the escalating pension costs will level off
in approximately 10 years which may provide for additional opportunities to fund Phase II critical needs
as part of the regular budget process. These assumptions are very preliminary as CalPERS continues to
recommend changes which may prolong the pension cost impacts to all participating agencies.
Conclusion
The longer-term projections for the City’s General Fund continue to pose serious challenges because
revenues are not expected to be sufficient to cover current costs or new costs that are on the horizon.
Because the City has limited abilities to impact near-term revenue, staff will continue to identify cost
saving measures and address economic development opportunities throughout the City. It is unlikely that
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Measure A Public Safety Expenditure Plan 2023
28
Revised: July 14, 2023
the City will be able to address public safety’s critical staffing needs discussed in this report without a new
revenue source. This report identified the Phase I public safety critical needs that could be funded through
a half-cent sales tax measure. Phase II could be addressed as the City continues to grow and new economic
development projects become a reality. The additional critical needs could be considered as part of the
annual budget process as the City works through its fiscal challenges.
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City of Chula Vista City Council
July 25, 2023 Post Agenda
Measure A Public Safety Expenditure Plan 2023
29
Revised: July 14, 2023
Proposed Public Safety Spending PlanUpdated July 5, 2023Est. One-half cent Sales Tax RevenuesPhase I - Critical NeedsFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearTotal2024202520262027202820292030203120322033EstimatePolice Department Spending PlanEst. Beginning Police Department Funds Available20,613,903$ 19,971,867$ 18,219,688$ 17,035,329$ 15,796,238$ 14,486,929$ 13,108,552$ 11,614,120$ 9,998,092$ 8,247,363$ Estimated 1/2 cent Sales Tax Revenues13,757,802$ 13,895,380$ 14,312,241$ 14,741,608$ 15,183,856$ 15,639,372$ 16,108,553$ 16,591,810$ 17,089,564$ 17,602,251$ 154,922,437$ Other Revenue-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ COPS Grant Funding83,334$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 83,334$ Estimated Funds Available - Police Department 34,455,039$ 33,867,247$ 32,531,929$ 31,776,937$ 30,980,094$ 30,126,301$ 29,217,105$ 28,205,930$ 27,087,656$ 25,849,614$ Ongoing Personnel ExpendituresPeace Officers 4,710,642$ 5,007,726$ 5,179,955$ 5,357,626$ 5,544,165$ 5,740,588$ 5,965,018$ 6,201,851$ 6,451,753$ 6,715,895$ 56,875,219$ Police Agents1,022,059 1,293,382 1,337,313 1,382,522 1,430,029 1,479,957 1,537,415 1,597,988 1,661,893 1,729,391 14,471,949$ Police Sergeants1,841,269 1,979,624 2,046,374 2,114,925 2,186,906 2,262,551 2,350,188 2,442,538 2,539,949 2,642,805 22,407,129$ Police Lieutenant236,256 258,028 266,484 275,135 284,195 293,691 304,721 316,315 328,513 341,358 2,904,696$ Police Captain283,633 306,848 328,748 352,221 377,597 405,035 435,776 469,003 504,919 543,750 4,007,530$ Civilian Background Investigator89,313 104,447 106,842 109,305 111,839 114,530 117,466 120,492 123,613 126,829 1,124,676$ Community Services Officer315,771 359,773 368,306 377,092 386,150 395,758 406,211 417,002 428,141 439,643 3,893,847$ Digital Forensics Analyst II179,889 269,566 277,697 286,085 294,741 303,903 313,835 324,105 334,726 345,713 2,930,260$ Forensics Specialist106,134 120,441 124,117 127,912 131,828 135,973 140,460 145,102 149,904 154,873 1,336,744$ Information Technology Technician79,013 107,538 110,862 114,294 117,838 121,588 125,644 129,840 134,186 138,683 1,179,486$ Police Comm Systems Manager165,742 183,684 187,528 191,471 195,513 199,814 204,538 209,391 214,378 219,503 1,971,562$ Police Dispatcher767,518 897,659 917,853 938,602 959,939 982,547 1,007,163 1,032,513 1,058,628 1,085,523 9,647,945$ Property & Evidence Specialist229,696 260,454 268,719 277,266 286,104 295,449 305,535 315,981 326,811 338,034 2,904,049$ Property & Evidence Supervisor103,859 109,572 112,952 116,441 120,045 123,858 127,981 132,248 136,665 141,238 1,224,859$ Public Information Specialist99,539 115,327 118,864 122,513 126,282 130,269 134,584 139,049 143,670 148,452 1,278,549$ Police Technology Specialist118,651 141,671 144,722 147,853 151,069 154,486 158,233 162,086 166,050 170,129 1,514,950$ Sr Police Records Specialist244,336 269,184 277,689 286,479 295,572 305,187 315,564 326,316 337,449 348,990 3,006,766$ 3% personnel cost savings(370,621) (369,181) (365,251) (377,332) (389,994) (403,356) (418,510) (434,455) (451,237) (468,924) (4,048,861)$ Ongoing Personnel Expenditures Subtotal10,222,699 11,415,743 11,809,774 12,200,410 12,609,818 13,041,828 13,531,822 14,047,365 14,590,011 15,161,885 128,631,355 Ongoing Non-Personnel ExpendituresTransfer Out: Pension Obligations1,154,282 1,209,950 1,231,712 1,263,618 1,295,561 1,328,335 1,361,823 1,383,844 1,407,773 1,599,196 13,236,094$ Reimbursement for Support Staff (IT, Fin, HR, City Attorney)515,918 521,077 536,709 552,810 569,395 586,476 604,071 622,193 640,859 660,084 5,809,592$ Sworn - non-personnel costs194,492 204,217 214,427 225,149 236,406 248,227 260,638 273,670 287,353 301,721 2,446,299$ Police Vehicles, Outfitting, Maint., Fuel, etc.778,649 639,741 644,414 654,683 672,838 677,944 683,204 692,131 697,711 797,843 6,939,158$ Civilian Non-Personnel Costs98,976 103,925 109,121 114,577 120,306 126,321 132,637 139,269 146,233 153,544 1,244,909$ Ongoing Non-Personnel Expenditures Subtotal2,742,317 2,678,909 2,736,384 2,810,837 2,894,506 2,967,303 3,042,373 3,111,107 3,179,929 3,512,389 29,676,053 One-Time ExpendituresCommunity Services Officer (Hourly)504,620 521,100 - - - - - - - - 1,025,720$ Multi-Purpose Store Front and Public Safety Training Center-$ Computers and other equipment100,000 100,000 - - - - - - - - 200,000$ Drone Pilot In Command contractual costs913,536 931,807 950,443 969,452 988,841 1,008,618 1,028,790 1,049,366 1,070,353 1,091,760 10,002,966$ One-Time Expenditures Subtotal1,518,156 1,552,907 950,443 969,452 988,841 1,008,618 1,028,790 1,049,366 1,070,353 1,091,760 11,228,686 Total Police Department Proposed Expenditures14,483,172$ 15,647,559$ 15,496,601$ 15,980,699$ 16,493,165$ 17,017,749$ 17,602,985$ 18,207,838$ 18,840,293$ 19,766,034$ 169,536,094$ Fiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal YearFiscal Year2024202520262027202820292030203120322033Est. Ending Police Department Available Funds 17,553,177$ 15,606,546$ 14,447,397$ 13,127,461$ 11,732,570$ 10,266,588$ 8,674,422$ 6,957,383$ 5,101,034$ 2,782,653$ Reserve Contribution (16.7% of Operating Budget)2,418,690$ 2,613,142$ 2,587,932$ 2,668,777$ 2,754,359$ 2,841,964$ 2,939,698$ 3,040,709$ 3,146,329$ 3,300,928$ Est. Ending Police Department Available Funds including Reserves19,971,867$ 18,219,688$ 17,035,329$ 15,796,238$ 14,486,929$ 13,108,552$ 11,614,120$ 9,998,092$ 8,247,363$ 6,083,581$ Phase I - Critical Needs FundingPage 285 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Measure A Public Safety Expenditure Plan 2023
30
Revised: July 14, 2023
Intended Public Safety Spending PlanUpdated April 10, 2023Est. One-half cent Sales Tax RevenuesPhase I - Critical NeedsFiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Total2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 EstimateFire Department Spending Plan Est. Beginning Fire Department Funds Available24,841,477$ 23,651,800$ 23,538,844$ 23,399,109$ 24,049,901$ 24,732,481$ 25,422,094$ 26,104,652$ 26,798,122$ 27,831,042$ Estimated 1/2 cent Sales Tax Revenues13,757,803$ 13,895,381$ 14,312,242$ 14,741,609$ 15,183,857$ 15,639,373$ 16,108,554$ 16,591,811$ 17,089,565$ 17,602,252$ 154,922,448$ Estimated Funds Available for Fire Department Spending Plan38,599,279$ 37,547,181$ 37,851,086$ 38,140,719$ 39,233,759$ 40,371,855$ 41,530,649$ 42,696,463$ 43,887,687$ 45,433,294$ 154,922,448$ Ongoing Personnel ExpendituresDeputy Chief*271,426$ 281,508$ 286,984$ 292,593$ 298,563$ 305,367$ 312,353$ 319,528$ 326,897$ 334,467$ 3,029,685$ Fire Captain2,242,494 2,630,997 2,706,920 2,775,967 2,849,235 2,928,982 3,011,243 3,097,746 3,188,831 3,284,872 28,717,288 Firefighter**6,194,312 6,452,377 6,691,335 6,910,646 7,147,158 7,408,948 7,651,769 7,912,427 8,192,560 8,493,966 73,055,500 Fire Engineer374,805 392,453 408,134 421,777 436,599 453,253 471,028 490,023 510,349 532,127 4,490,548 Firefighter/Paramedic1,309,489 1,610,310 1,653,204 1,693,628 1,736,202 1,781,874 1,829,642 1,879,664 1,932,112 1,987,175 17,413,299 Senior Application Support Specialist157,928 164,000 167,558 171,344 175,370 179,780 184,324 189,007 193,832 198,807 1,781,950 Inventory Control Specialist104,290 108,394 110,987 113,741 116,663 119,842 123,128 126,524 130,034 133,664 1,187,267 Salary Savings(319,642) (349,201) (360,754) (371,391) (382,794) (395,341) (407,505) (420,448) (434,238) (448,952) (3,890,266) Ongoing Personnel Expenditures Subtotal10,335,102 11,290,838 11,664,369 12,008,305 12,376,996 12,782,706 13,175,983 13,594,470 14,040,377 14,516,125 125,785,271 Ongoing Non-Personnel ExpendituresTransfer Out: Pension Obligations618,365 650,286 662,004 679,150 696,318 713,934 731,934 743,777 424,958 429,758 6,350,484 Reimbursement for Support Staff (IT, Fin, HR, City Attorney)515,918 521,077 536,709 552,810 569,395 586,476 604,071 622,193 640,859 660,084 5,809,592 PPE Maintenance194,096 186,960 190,240 193,520 196,800 200,080 203,360 206,640 209,920 213,200 1,994,816 Leadership Succession Planning- 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 100,000 900,000 Utilities60,000 61,800 63,654 65,564 67,531 69,556 71,643 73,792 76,006 78,286 687,833 Operational Improvements115,000 115,000 115,000 115,000 115,000 115,000 115,000 115,000 115,000 115,000 1,150,000 Computers and other equipment/furniture34,143 34,753 35,363 35,972 36,582 37,192 37,801 38,411 39,021 39,631 368,869 Fire Vehicles, Outfitting, Maint., Fuel, etc.1,674,856 297,623 334,638 340,496 342,656 344,816 386,205 404,057 410,504 412,664 4,948,515 Ongoing Non-Personnel Expenditures Subtotal3,212,378 1,967,499 2,037,608 2,082,512 2,124,281 2,167,055 2,250,014 2,303,870 2,016,268 2,048,623 22,210,108 One-Time ExpendituresFire Department Planning650,000 - - - - - - - - - 650,000 Fuels Crew750,000 750,000 750,000 2,250,000 One-Time Expenditures Subtotal1,400,000 750,000 750,000 - - - - - - - 2,900,000 Total Fire Department Proposed Expenditures14,947,479$ 14,008,337$ 14,451,977$ 14,090,817$ 14,501,277$ 14,949,760$ 15,425,997$ 15,898,341$ 16,056,645$ 16,564,749$ 150,895,379$ Est. Ending Fire Department Available Funds21,155,571$ 21,199,452$ 20,985,629$ 21,696,735$ 22,310,768$ 22,925,484$ 23,528,510$ 24,143,099$ 25,149,582$ 26,102,233$ Reserve Contribution (16.7% of Operating Budget)2,496,229 2,339,392 2,413,480 2,353,167 2,421,713 2,496,610 2,576,142 2,655,023 2,681,460 2,766,313 Est. Ending Fire Department Available Funds including Reserves 23,651,800$ 23,538,844$ 23,399,109$ 24,049,901$ 24,732,481$ 25,422,094$ 26,104,652$ 26,798,122$ 27,831,042$ 28,868,546$ * 1.0 Deputy Chief Position added in Fiscal Year 2019 will be funded by another funding source in FY 2022, and will result in a decrease of 1.0 FTE.Notes: FTE - Full Time Equivalent Position Actual expenditures per year will vary based on actual activity and revenues.Reimbursement for Support Staff is based on 3.75% of Measure A Sales Tax revenues..Fire Vehicles includes portion of Bayfront Fire Station not paid by new development.Sales Tax Revenue projections include a 1% escalator in Fiscal year 2024 and 3% escalator per year starting in Fiscal year 2025.Support Staff allocation based on 3.75% of annual revenue estimates.Fire Department vehicle purchases have a vehicle replacement allocation included over a 10 year term with a ~5% annual escalator built in. Will have to determine if these funds will be transferred into the Vehicle Replacement Fund or will fall to fund balance.Amounts budgeted in the Intended Public Safety Spending Plan may differ from the City's Annual Budget due to personnel costing estimates in the Annual Budget is based on individual employees projected salaries and benefits, and the Intended Public Safety Spending Plan are estimates that are based on positions. Phase I - Critical Needs Funding** 3.0 Firefighters in the Measure P Spending Plan added in FY2020 as a result of receiving the FEMA SAFER Grant for Millenia Fire Station, and adding 9.0 Firefighters to expand 4.0 staffing at three Fire Stations.Page 286 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
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9450 SW Gemini Drive
PMB 44671
Beaverton, OR 97008
July 15, 2023
BY EMAIL
Eric Alden, Deputy City Attorney
Chula Vista, California
cityattorney@chulavistaca.gov
Re: LED Streetlights Lack FDA Approval
Dear Eric Alden,
An LED streetlight is an electronic product which is regulated by the US Food and Drug
Administration. The FDA presentation “How to Get Your Electronic Product on the U.S. Market” details
the authority of the FDA to regulate the radiation from electronic products and the requirements of
manufacturers to receive FDA approval for their electronic products that emit radiation.1
The city of Chula Vista, California has installed or is considering installing LED streetlights.
However, the FDA has not approved any LED streetlight products to ensure the comfort, health, and
safety of the public. The FDA is mandated by the 1968 Radiation Control for Health and Safety Act (21
U.S.C. 360ii) to publish performance standards for electronic products that emit radiation, and yet the
FDA has failed to comply with 21 U.S.C. 360ii for LED products, including LED streetlights.
LED streetlights are a human health hazard which have been documented to cause seizures,
migraines, anxiety, nausea, eye pain, and eye injury. In addition, artificial light at night has been
documented to cause significant increases in risk for mood disorders, diabetes, heart disease, breast
cancer, and early mortality. It is likely that LED streetlights have increased acts of misbehavior and
violence. The street lighting company Cree Lighting states that LED streetlights are dangerous.2 The LED
chip company Lumileds states that blue wavelength light is a hazard to human health.3 The contact
person at the FDA is Robert Ochs, Director, FDA Center for Devices and Radiological Health, OHT8
(robert.ochs@fda.hhs.gov). The contact person at the Access Board is Christopher Kuczynski
(kuczynski@access-board.gov).
It is negligent for a city to install and operate an electronic product that has no FDA approval,
and which is known to put the public at risk of harm. In order to pursue a claim against a public entity
under California Government Code section 835, a person must show: (1) that the property was owned
1 https://www.fda.gov/media/88417/download
2 http://www.softlights.org/wp-content/uploads/2022/04/Cree-Lighting-White-Paper.pdf
3 https://lumileds.com/lumileds-nightscape-technology-lowers-blue-light-below-2-to-support-our-natural-
ecosystem-and-dark-sky-initiatives/
Written Communications - Public Comments
Baker
Page 287 of 505
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July 25, 2023 Post Agenda
2 of 2
or controlled by a public entity at the time of the incident; (2) the property was in a dangerous condition
at the time of the injury; (3) the injury was proximately caused by the dangerous condition; (4) the
dangerous condition created a reasonably foreseeable risk of injury; and (5) that there was a negligent
or wrongful act or omission within the scope of employment of the public entity’s employee that
created the dangerous condition or the public entity had actual or constructive notice of the dangerous
condition.4 (Moncur v. City of Los Angeles, Dept. of Airports (1977) 68 Cal.App.3d 118; Gov. Code §§
830(a)-(c), 835.2.). The installation or operation of LED streetlights meets the criteria for negligence,
harm, discrimination and liability.
To protect the public from LED visible radiation, LED streetlights must not be operated in public
spaces. To recover expenses related to the removal of any existing LED streetlights, the Soft Lights
Foundation recommends that Chula Vista sue the FDA and the DOE for failing to disclose to Chula Vista
that LED products are a human health hazard and for failing to comply with 21 U.S.C 360ii and publish
the required performance standards for LED streetlights.
In any case, Chula Vista must not install or operate LED streetlights knowing that the LED
streetlights have not been FDA approved, knowing that the LED streetlights are causing serious adverse
health impacts, knowing that LED streetlights are creating discriminatory barriers, and knowing that LED
streetlights are defective and dangerous.
Sincerely,
/s/ Mark Baker
President
Soft Lights Foundation
mbaker@softlights.org
cc:
City Clerk - KBigelow@chulavistaca.gov
Mayor - jmccann@chulavistaca.gov
City Manager - mkachadoorian@chulavistaca.gov
Public Works - mlittle@chulavistaca.gov
Sustainability - conservation@chulavistaca.gov
ADA Coordinator - tadler@chulavistaca.gov
4 https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=835.
Written Communications - Public Comments
Baker
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Report Prepared For
On the negative side effects the
Tenant Protection Act" has on the
Homeless, Elderly, and Chula Vista's
Rental Community as a whole.
Wjs
Your responsibility as a Council
Member to mitigate any harm brought
on to our community as a result of the
previous City Council's actions.
06/27/23 V2)
Page 1 of 15
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Contentsa.
Previous Council's Action:. 4
5,000.00 Daily Fines Devastates Renters: 5
Clauses Which Need Immediate Attention: 5
Tenant Protection Act's" Glitches Are Not
Addressed in The "Tenant Protection
Ordinance Administrative Regulations" . 6
Regarding $5,000.00 Fines For Inadvertent Errors: 7
Additional Harmful Clauses To Be
Addressed In The Future: 0 0 & 0 OR 10
The Meer'fbreat of a $5,000.00 Daily Fine
Reeks Havoc on Renters:. 0 As 0 a 0 10
More Efficient Way To Differentiate Conscientious
Owners and/or Tenants From "Bad Actors": 11
How "The Tenant Protection Act" Effects Our Tenants: I I
Regarding The Homeless Bridge Shelter: 13
City Staff Supplied Supporting Data With Conclusion: 14
Page 2 of 15
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This updated communication is a continuation of our
efforts to inform you of. ..
1) The disastrous side effects the "Tenant Protection
Act" has on the Homeless, Elderly, and Chula Vista's
Rental Community as a whole.
2) Your responsibility as a Council Member to
mitigate any harm brought on to our community as a
result of the previous City Council's actions.
Also included in this report is a simple Drorposal for a
means to correct the situation.
If you feel I am inaccurate with these conclusions
lease immediatetv call or E-mail so we can find some
common around to solve this blemsoutline. herein.
Also included of this report is data supplied by City
Staff, as requested by the previous City Council. which
was utilized to create The "Tenant Protection Act". For
your convenience, this Report was also E-mailed to you in
PDF Form. To enable you confirm the accuracy of the
facts contained herein, you will also find attached to your
E-mail PDF copies of:
Page 3 of 15
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1) Chapter 9.65 of the Chula Vista Municipal Code
Ordinance 3527 (commonly known as the
Tenant Protection Act"")
2) Administrative Regulations of the Tenant
Protection Ordinance.
Previous Council's Action:
You might recall, every member of the previous City
Council had reservations when passing this Ordinance.
Council Member Jill Gavez voted against The "Tenant
Protection Act" because she predicted the Ordinance
would force massive rent increases on our community.
The "Act" certainly had that effect on our tenants.
Being under extreme pressure to "Pass Something"
before the end of session,, the record shows all remaining
Council Members expressed their concern that the
Ordinance "wasn't perfect" but held out hope the harmful
side effects could be mitigated in the future. It is long
past time to fine tune this Ordinance and correct those
errors.
Page 4 of 15
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5.,000.00 Daily Fines Devastates Renters:0
The draconian $5!,000.00 fines The City Council has
authorized City Staff to levy on unsuspecting Owners
which must be passed on to tenants) can not help but be
devastating to renters.
When you take the time to review the enclosed facts
gathered by City Staff, I am confident you, along with
your fellow Council Members, will adopt a plan to amend
the "Tenant Protection Act" in order to eliminate the
harmful side effects this ordinance has on those members
of our community who can least afford.
Clauses Which Need Immediate Attention:
Clause 9.65.060E states if a tenant terminates their lease
and moves away, "Owners and Tenants shall provide
City with information regarding termination of
Tenancies at such time(s) and with such details as shall
be required by city in the attendant Administration
Regulations."
Additionally, failure to comply or simple paperwork
errors results in Tenants and/or Owners subject $5,000.00
daily fines WITH NO OPPORTUNITY TO MAKE
CORRECTIONS. (See Clause below)
Page 5 of 15
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1
lause 9.65.080C2 States: "Civil penalties for violations
of this chapter may be assessed at a rate not to exceed
5,000 per violation per day. When a violation occurs
is not =uired that a warning or notice to cure must
first be given before an administrative citation or civil
penalty may be issuer."
i fftV! R - -
In my conversations with Staff, I was informed that
the problems created by the glitches and poor wording of
the "Tenant Protection Act" would be addressed by the
Tenant Protection Ordinance Administrative
Regulations" (A copy of which has been E-mail to you).
Unfortunately Staff's efforts of "Clean Up" the
glitches of the "Tenant Protection Act"" created several
areas within the "Administrative Regulations" which
directlycontradict the "Tenant Protection Act". Example:
Page 6 Section E of the "Administrative Regulations"
states.* "The Tenant Information Inquiry is not required
to be completed by Tenant." which is a direct
contradiction to the previously mentioned Clause
9.65.060E requiring Tenants " ...to provide City with
information regarding termination of Tenancies... "
Page 6 of 15
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Contradictions are addressed in page 4 section "C" of
the "Administrative Regulations" which states:
C. Governing Terms in the event of Conflict: To the
extent of any conflict between these regulations and
Chapter 9.65, the terms of Chapter 9.65 shall govern. "
The above clause of the "Administrative
Regulations" brings Owners and Tenants back full circle
to which good intention Owners and Tenants are faced
with huge fines and will be forced to adhere to all clauses
poorly worded or not) of the "Tenant Protection Act" .
Regarding X5,000.00 Fines For Inadvertent Errors:
Staff has communicated on many occasions it is not
their intention to levy fines for inadvertent paper work
errors. Three Points why that statement is simply NOT
true:
Point One:
Chula Vista residents of Mobile Home parks must
pay the City a $12.00 annual fee if they want to receive
Rent Protection from the owners of Mobil Home Parks
who raise space fees more than permitted by City
Page 7 of 15
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Ordinance. Mobil Home Park residents are informed the
funds are used to
fav
staff for enforcing the ordinance.
At a recent Housing & Homeless Commission
meeting, Staff informed those in attendance: "...the City
is currently staffing up the Housing & Homeless Services
Department by ten positions in order to enforce the Tenant
Protection Act.""
Considering Chula Vista's policy for recouping funds
required to enforce Mobil Home Park ordinances, WE
ARE BEING VERY NAIVE IN BELIEVING WELL
MEANING OWNERS WOULD NOT FACE
SUBSTANTIAL FINES (WHICH MUST BE PASSED
ON TO TENANTS) IN ORDER TO FUND STAFF
TIME FOR THE ENFORCEMENT OF THE "TENANT
PROTECTION ACT" . In fact, our City Manager would
be remiss if a funding mechanism is not created to support
a burgeoning enforcement staff.
Point Two.*
If staff had no desire to levy fines for inadvertent
errors they would have not purposely inserted the five
words underlined below.
Page 8 of 1
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1Clause 9.65.08002: "Civil penalties for violations of
this chapter may be assessed at a rate not to exceed
51,000 per violatt'vn per day. When a violation occurs it
is not =uired that a warning or notice to cure must
first be given before an administrative citation or civil
penalty may be issued."
We have been informed by City Staff the five underlined
wards above were purposely added in order to ease
enforcement of the "Tenant Protection Act". Staff prefers
not to be required to warn Owners and/or Tenants who are ire
violation of the Ordinance because it is difficult to
differentiate between an inadvertent error or willful
misconduct.
With that flawed logic, the CVPD might as well ticket
everyone driving down the road as opposed separating
speeders from drivers obeying Traffic laves. Staff should
realize the purpose of the "Tenant Protection Act" is to
PROTECT Tenants and NOT make staff's job easier by
forcing owners to drastically raise rents.
Point Three.*
Staff continues to maintain that enforcement will be
concentrated on "Bad Actors" with no efforts to lev-y fines
on Good Intention Owners and/or Tenants,, However
Wage 9 of 15
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many believe the five underlined words above were also
added as a precaution because there is simply is not
enough "Bad Actors" to generate sufficient income to
support the burgeoning Staff assembled to enforce The
Tenant Protection Act." Staff needs the option to fine
well meaning Owners and/or Tenants who make simple
paper work errors.
Additional Harmful Clans -es To Be Addressed In The
f uture*
Although there are additional clauses within in the
Tenant Protection Act" which are harmful to the
community as a whole, Clauses 9.65.060E and
9.65.080C2 outlined above are the most financially
devastating to individual renters. If you desire, these
additional flaws can be addressed. in future
communications.
The Meer Threat of a X5.000.00 Daily Fine Reeks
Havoc on Renters:
WEEMOMM"M
Ironically, staff does not have to actually fine Owners
to burden financial hardship on Chula Vista renters. The
mere threat of $5,,000.00 daily lines for Owners and/or
Page 10 of 15
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Tenants who make inadvertent paperwork errors (without
given an opportunity to correct said errors) is sufficient
motive for prudent Owners to substantially raise rents to
fund possible future fines.
1lore Efficient Wav To Differentiate Conscientious
Owners and/or Tenants From "Bad Actors":
The most efficient way to enforce "Tenant Protection
Act" is to simply warn unsuspecting Owners and/or Tenants
when they are in violation of the "Act". This can be
accomplished by simply removing the following underlined
words of Clause 9.65.080C24.: "... When a violation occurs it
is not required that a warning or notice to cure must first
be gives before an administrative enation or civil penalty
may be issued "
Once conscientious Owners and/or Tenants are informed
of their violation, they will gladly come into compliance,
while unscrupulous owners and/or Tenants will attempt to
find a way to circumvent the law. This simplifies the process
of identifying and levying fines against `Bad Actors".
How "The Tenant Protection Act" Effects Our Tenants:
On a personal note: In my fifty years as a Chula Vista
Property Owner and Landlord, I have consistently attempted
Page 11 of 15
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to be a good steward of my responsibility to provide a
beautiful comfortable home for tenants at a emery reasonable
rent. Many renters have been with Mary and I for 10, 20,
even 30 years.
When calculating rents, Mary & I annually evaluate the
projected expenses of each property then adjust rents
accordingly. On November 1, 2022 an increase of expenses
forced a modest X25.00 monthly rent increase on a few
tenants effective January 1, 2023. Fortunately rent for most
tenants remained unchanged. Ironically one tenant actually
had their rent reduced by $25.00.
with the passa9V
ge of this ordinance authorizing
5,000.00 fines for simple paperwork errors the situation has
drastically changed. We were forced to adjust some rents by
as much a $220.00. In my half century of providing
Landlord services to our community, I HAVE NEVER seen
an action taken by the Chula Vista City Council more
financially devastating to the renters of our community an-,
110
The Tenant Protection Act".
If you doubt the financial hardship this Act has placed
on our community, call me. I will provide you with Pam's
phone number. Pam is a retired elderly Chula Vista resident
who has been a wonderful tenant of ours for almost twelve
years. She will explain how this massive rent increase the
Fags 12 of 15
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Chula Vista City Council has forced upon the rental
community has effected her life.
Regardinff The Homeless Bridge Shelter0
Additionally, I am greatly encouraged by the steps The
Citi Council has taken to assist the homeless of our
community with the introduction the Homeless Bridge
Shelter near Main Street,, May I suggest that you may have a
much greater chance of success in providing long term
affordable housing for the homeless if you modify the
current language of the "Tenant Protection Act". This "Act",
as written, forces owners to substantially rise rents making
the task of securing long term residences for the elderiv ani
homeless all the more difficult,
Thank You and please let me know how I may be of
assistance to improve this situation.
6 */& 9 qlao
age 13 of 15
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0CityStaffSuppliedSuortingData.
1}Chula Vista Population: 283,97'&J -Ie
Chula Vista - ZI.S. Census Bureau QuickFacts)
2) Average number of individuals in each household: 3.31 (Chula Vista
U.S. Census Bureau QuickFaets)
3) Percentage Chula Vista housing which are rentals. 42% (Data
compiled by City Staff )
4) Number of Chula Vista Rental Units: 36,033
Population of Chula Vista (283,072) divided by the average number of
people residing in each Residence (3.31) equals 85,792 multiplied the
percentage of residences which are rentals (42%) equals the
approximate number of Chula Vista rental units. (36,033)
5) Approximate number of Chula Vista renters: 119,268 (CV Population
283,972 x.42%)
6) Approximate Average Monthly Chula Vista dent: 3,Q4'7.00 (See
attached CV Staff provided "Relocation Assistance" Pic - Average Of
Line 2nd from bottom)
17)
With no right to cure, amount of daily fine levied if Landlord or
Tenant inadvertently makes a paperwork error when Tenant terminates
lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65. 080 C2 of
Residential Landlord and Tenant Ordinance ")
8) Maxim average monthly rent increase allowed. . $304.70 ($3047.00 x
10%. California AB -1482 5% plus inffation Max. 10%)
9) Average number of months required for Landlord to recoup a one day
fine: 16.41 ($5000.00 divided by $304.70)
Page 14 of 15
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Conclusion.
1 0) Approximate total monthly maximum rent increase levied on Chula
Vista Renters if Landlords are forced to impound funds to the pay daily
fines.. $10,979,255.00 (36, 033 Rental Units multiplied by $304.70)
U.S. Department Of HOL sing and U1. t-% ban DevelopTilent SnIallAreaFairMarketRent (April 2022)
Exhibit 2
C01"Paris011 of Survey Data vs. SAFMR
S%000
4 SOO
S4.=
733
SZOOO $1
sum
SLWO
SSW
so
Orw
Page 15 of 15
Efficienc 1 2 3
Y bedroom Bedroom
1,850 2,040 2,620 53,640 4.450
1,430 1,580 2,030 2,820 3,450.
1,440 1,600 2,050 2,850 3,490
2,110 2.340 3,
2,360 2,610 3,350 4,650 5,700
2,360 2,610 3,350 4,650 S,700
51.92.:5
Regional
2,130 2,733 53.797.,-- 4,6 . 49
Average $1,628 1,8022, 14 " 1" 3,210
Exhibit 2
C01"Paris011 of Survey Data vs. SAFMR
S%000
4 SOO
S4.=
733
SZOOO $1
sum
SLWO
SSW
so
Orw
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July 25, 2023
ITEM TITLE
Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of
Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County
Treasurer-Tax Collector
Report Number: 23-0175
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
Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as
recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular
tax bill for collection by the County Treasurer-Tax Collector.
SUMMARY
To enhance collection efforts and safeguard the City’s interest in sewer service charges and related
delinquent fees and ensure that collection efforts are directed toward the responsible property owner, the
Finance Department is recommending the approval of placing property liens against affected parc els as a
preliminary action to placing the delinquencies on county property tax rolls if they remain unpaid. Adopting
this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis and ensure
responsible parties meet their sewer service payment obligations. This process has been previously
approved by the City Council.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
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fiscal/administrative activity which does not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
City residents and places of business benefit from the use of the City’s wastewater system. Through Title 13
of the Chula Vista Municipal Code (“CVMC”), the City regulates sewer construction, sewer use and industrial
wastewater discharge; to provide for equitable distribution of the City’s costs and to provide procedures for
complying with wastewater discharge requirements placed upon the City through interagency agreement
and by state and federal regulatory bodies.
CVMC Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the
affected properties and ultimately placed upon the county property tax bills on that parcel for collection by
the County Treasurer-Tax Collector. The Municipal Code states that upon notification of the property owners,
a public hearing is set for sewer service accounts which are over 60 days delinquent.
At the hearing, the City Council considers the delinquent accounts together with any objections or protests
by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency
and amount owed on the accounts submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land,
and the amounts are charged to the property owners on the next regular property tax bill.
The last time a property lien resolution for delinquent sewer service charges was submitted to and approved
by the City Council was in July 2017. At that time, 268 accounts valued at $178,489 were approved. Primarily
due to the COVID-19 pandemic, the City has delayed assessment of delinquent sewer service charges as
recorded liens upon the affected properties. With the end of the COVID-19 emergency and due to the
initiation of the collection process described below, City staff is recommending the assessment of recorded
liens upon the affected properties as allowed by the Municipal Code.
Collection Process
In the months leading up to this public hearing, Finance Department staff have worked closely with our water
authority partners, third party vendors, and cross-departmental staff to put together an effective and
informative approach, which is in-line with the Municipal Code and best practices, to re-establish the annual
recording of property liens upon affected parcels. Staff has identified and submitted 560 delinquent accounts
valued at $733,567 to the City for collection through the lien process. The increase in the number of
delinquent accounts when compared to July 2017, as mentioned above, is due to this property lien resolution
including delinquent sewer service charges from the end of 2017 through the beginning of 2023. The account
status and property ownership on these accounts have been verified by City staff through a third-party
consultant, Spicer Consulting Services.
These property owners have been notified of their delinquencies through a series of past due notices sent by
the Finance Department. Additionally, the City notified property owners of the public hearing via public
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hearing notice letters sent by certified mail, where they were asked to pay their delinquent s ewer service
charges prior to transmittal of their delinquent account to the County to avoid a lien being placed on their
property. City staff also published a public hearing notice to a locally circulated newspaper. City staff will
create payment arrangements as needed and staff will continue to update the delinquent list as payments
are received and accounts are cleared. A final list will be submitted to the City Council for consideration on
the day of the public hearing to reflect the most current payment postings as well as leading up to the lien
recording submission date, to avoid submitting accounts resolved following the public hearing.
Staff is recommending that the City Council approve the final list of delinquent s ewer service accounts as
submitted, and that these charges be forwarded to the County and assessed as recorded liens on the
respective parcels of land and ultimately placed on the next regular tax bill for collection.
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 the resolution supports collection of delinquent s ewer service charges totaling $733,567. All
expenses associated with this action are funded by the City’s sewer funds and all sewer service charges
collected as a result of this action will be deposited into the City’s sewer funds. The projected revenues for
this action will be reflected in the First Quarter Report for fiscal year 2023-24 budget.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action. Sewer service charges and related delinquent fees
referred with this resolution will ultimately be recovered via county property tax bills or property lien
release payments within this fiscal year.
ATTACHMENTS
None.
Staff Contact: Jimmy Vasquez, Finance Department
Sarah Schoen, Director of Finance/Treasurer
Page 334 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER
SERVICE CHARGES AS RECORDED LIENS UPON THE
RESPECTIVE PARCELS OF LAND AND PLACEMENT OF
DELINQUENT CHARGES ON THE NEXT REGULAR
PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY
TREASURER-TAX COLLECTOR
WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer
service charges to be assessed as recorded liens upon the affected properties and ultimately placed
on the property tax bill for collection; and
WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than
seven days after the sixty-day delinquency period has passed, with advance notice to be mailed to
the affected property owners, notifying them that failure to pay the delinquent account will result
in a lien upon the affected parcel and the amount owed will be charged to the property owner on
the next regular property tax bill; and
WHEREAS, City staff has identified certain properties for which the sewer service charges
are over sixty days delinquent; and
WHEREAS, property owners have been notified of their delinquencies within the last sixty
days, were notified of the time and place of the public hearing within the last ten days, and were
again asked to pay the delinquent sewer service charges to avoid a lien being placed on their
property; and
WHEREAS, City staff is recommending that the City Council approve the final list of
delinquent sewer service accounts as submitted and that these charges be submitted to the County
for assessment as recorded liens on the respective parcels of land and ultimately placed on the next
regular property tax bill for collection; and
WHEREAS, the City Council has held the requisite public hearing and considered the
delinquent accounts together with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency
and amount owed on the accounts as submitted. has held the requisite public hearing and
considered the delinquent accounts together with any objections or protests by interested parties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it: (1) has considered assessing certain delinquent sewer service charges, as detailed in the
final list of delinquent sewer service accounts presented to the City Council for this matter, as
recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections
presented at the public hearing on this matter; and (3) approves, with respect to the delinquent
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July 25, 2023 Post Agenda
Resolution No.
Page 2
account list submitted to the City Council and on file in the City Finance Department, assessing
delinquent sewer service charges as recorded liens upon the respective parcels of land and the
placement of such delinquent sewer service charges as special assessments on the next
corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent
account list to the County Treasurer-Tax Collector.
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 336 of 505
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July 25, 2023 Post Agenda
v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon the Respective
Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the
County Treasurer-Tax Collector
Report Number: 23-0176
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
City Council conduct the public hearing and adopt a resolution assessing certain delinquent solid waste
service charges as recorded liens upon the respective parcels of land and placement of delinquent charges
on the next regular tax bill for collection by the County Treasurer-Tax Collector.
SUMMARY
To enhance collection efforts and safeguard the City’s interest in solid waste service charges and related
delinquent fees and ensure that collection efforts are directed toward the responsible property owner, the
Finance Department is recommending the approval of placing property liens against affected parcels as a
preliminary action to placing the delinquencies on county property tax rolls if they remain unpaid. Adopting
this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis, and ensure
responsible parties meet their solid waste service payment obligations. This process has been previously
approved by the City Council.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
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P a g e | 2
fiscal/administrative activity which does not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
City residences and places of business benefit from the weekly collection of solid waste. Accordingly, per
Chula Vista Municipal Code (“CVMC”) Section 8.24, the collection of solid waste is a mandatory service and
shall not be discontinued or suspended. The City implements an Integrated Solid Waste Management Plan,
through its authorized collector, Republic Services, and an associated franchise agreement. The City’s
management plan effectively controls the storage, collection, transport, processing and reuse, disposal or
conversion of solid waste, recyclables, and organic waste in a safe, sanitary, and aesthetically acceptable and
economical manner. This plan includes all administrative, financial, legal, and operational aspects of solid
waste handling.
To assist in collection efforts and ensure all residents and business owners meet their obligations, CVMC
Section 8.24.180 allows delinquent solid waste service charges and associated fees to be assessed as
recorded liens upon the affected properties and ultimately placed on the county property tax bills on that
parcel for collection by the County Treasurer-Tax Collector. The municipal code also states that upon
notification of the property owners, a public hearing be set for solid waste service accounts that are over 90
days delinquent.
At the hearing, the City Council considers the delinquent accounts together with any objections or protests
by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency
and amount owed on the accounts submitted or as modified or corrected by the City Council. Lastly, the City
Council adopts a resolution assessing such amounts as reordered liens upon the respective parcels of land,
and the amounts are charged to the property owners on the next regular property tax bill. As these amounts
are collected, the monies are remitted to Republic Services, less the City’s Franchise Fees, AB939 Compliance
Permit Fee/Household Hazardous Waste and associated delinquent fee charges.
The last time a property lien resolution for delinquent solid waste service charges approved by the City
Council was in August 2018. At that time, 1,138 accounts valued at $202,424 were approved. Primarily due
to the COVID-19 pandemic, the City has delayed the assessment of delinquent solid waste service charges as
recorded liens upon the affected properties. With the end of the COVID-19 emergency and due to the
initiation of the collection process described below, City staff is recommending the assessment of recorded
liens upon the affected properties as allowed by the Municipal Code
Collection Process
In the months leading up to this public hearing, Finance Department staff have worked closely with Republic
Services, third party vendors, and cross-departmental staff to put together an effective and informative
approach, which is in-line with the Municipal Code and, best practices, to re-establish the annual recording
of property liens upon affected parcels. Republic Services and the City have identified and submitted 1,229
delinquent accounts valued at $799,935 to the City for collection through the lien process. The account status
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and property ownership on these accounts have been verified by Republic Services and City staff, through a
third-party consultant, Spicer Consulting Services.
These property owners have been notified of their delinquencies through a series of past due notices sent by
Republic Services and reviewed and approved by City staff, until they were ultimately submitted to the City
for collection through the lien process. Additionally, the City notified property owners of the public hearing
via public hearing notice letters sent by certified mail, where they were asked to pay their delinquent solid
waste service charges prior to transmittal of their delinquent account to the County to avoid a lien being
placed on their property. City staff also published a public hearing notice to a locally circulated newspaper.
City staff has been working with Republic Services to resolve any customer disputes as they ari se and
payment arrangements have been set up as needed. Staff will continue to update the delinquent list as
payments are received and accounts are cleared. A final list will be submitted to the City Council for
consideration on the day of the public hearing to reflect the most current payment postings as well as leading
up to the lien recording submission date, to avoid submitting accounts resolved following the public hearing.
Staff is recommending that the City Council approve the final list of delinquent solid waste service accounts
as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the
respective parcels of land and ultimately placed on the next regular tax bill for collection.
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 the resolution supports collection of delinquent solid waste charges totaling $799,935. A portion
of this amount will be realized by the City as Franchise Fees, AB939 fees and related delinquent fee revenues.
The projected revenues for this action will be reflected in the First Quarter Report for fiscal year 2023-24
budget.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact. Solid waste service charges and related delinquent fees referred with this
resolution will ultimately be recovered via county property tax bills or property lien release payments within
this fiscal year.
ATTACHMENTS
None.
Staff Contact: Jimmy Vasquez, Finance Department
Sarah Schoen, Director of Finance/Treasurer
Page 339 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID
WASTE SERVICE CHARGES AS RECORDED LIENS UPON
THE RESPECTIVE PARCELS OF LAND AND PLACEMENT
OF DELINQUENT CHARGES ON THE NEXT REGULAR
PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY
TREASURER-TAX COLLECTOR
WHEREAS, Chula Vista Municipal Code Section 8.24.010 states that the collection of
solid waste is a mandatory service and shall not be discontinued or suspended; and
WHEREAS, to ensure that all residents pay their fair share of costs associated with this
program, Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service
charges to be assessed as recorded liens upon the affected properties and ultimately placed on the
next regular property tax bill for collection by the County Treasurer-Tax Collector; and
WHEREAS, Section 8.24.180 requires that, once solid waste fees become more that 10
days delinquent, the City’s contract or franchise agent shall issue late notices to the responsible
owners and occupants; and
WHEREAS, the Municipal Code further requires that, if an owner or occupant is
delinquent on payment of a solid waste service bill for more than 90 days, the account shall be
assigned to the City for collection, which must send a final notice of delinquency, including the
amount owed, penalty schedule, lien procedure and associated costs and administration fees, prior
to setting the matter for hearing to consider a lien; and
WHEREAS, the Municipal Code provides that, if a solid waste service bill is not paid
within 15 days after the final notice of delinquency, the matter may b e set for a public hearing, at
least 7 days after the 15-day period, following notification to the property owner; and
WHEREAS, City staff has identified certain properties for which solid waste service bills
meet the criteria for delinquency and submission for placement of property liens; and
WHEREAS, the account status and property ownership of these accounts have been
verified by both Republic Services and City staff; and
WHEREAS, property owners have been notified of their delinquencies through a series of
past due notices sent by Republic Services, until they were ultimately submitted to the City for
collection; and
WHEREAS, City staff has notified the property owners of the public hearing and these
owners were asked to pay their delinquent solid waste service charges prior to transmittal of the
delinquent account to the County to avoid a lien being placed their property; and
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Resolution No.
Page 2
WHEREAS, City staff is recommending that the City Council approve the final list of
delinquent solid waste service accounts as submitted, and that these charges be submitted to the
County for assessment as recorded liens on the respective parcels of land and ultimately placed on
the next regular property tax bill for collection; and
WHEREAS, the City Council has held the requisite public hearing and considered the
delinquent accounts together with any objections or protests by interested parties; and
WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency
and amount owed on the accounts as submitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it: (1) has considered assessing certain delinquent solid waste service charges, as detailed in
the final list of delinquent solid waste service accounts presented to the City Council for its
consideration of this matter, as recorded liens on the affected parcels; (2) has heard and overruled
any and all protests or objections presented at the public hearing on this matter; and (3) approves,
with respect to the delinquent account list submitted to the City Council and on file in the City
Finance Department, assessing delinquent solid waste service charges as recorded liens upon the
respective parcels of land and the placement of such delinquent solid waste service charges as
special assessments on the next corresponding regular property tax bills, unless cleared prior to
transmittal of the delinquent account list to the County Treasurer-Tax Collector.
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 341 of 505
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v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Property Acquisition: Authorizing the Purchase and Rehabilitation of the Palomar Motel for Conversion into
Permanent Supportive Housing
Report Number: 23-0188
Location: 1160 Walnut Avenue
Department: Housing and Homeless Services
Environmental Notice: The Project is categorically exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Existing Facilities), Section 15326 (Acquisition of Housing for Housing
Assistance Programs), and Section 15061(b)(3) (Common Sense Exemption).
Recommended Action
Adopt resolutions: A) Authorizing the City Manager, or designee, to negotiate terms and conditions, dedicate
remaining Emergency Rental Assistance 2 funds, and execute all documents necessary to purchase the
Palomar Motel for conversion (acquisition and rehabilitation) into permanent supportive housing; and B)
Authorizing application to, and participation in, the State of California Homekey Program.
SUMMARY
Providing housing solutions for unsheltered individuals has been a key focus of the City of Chula over the
past few years, as evidenced by the recent opening of the “Chula Vista Village at Otay”, the City’s first
emergency bridge shelter. This emergency housing facility provides more than 60 temporary beds for
individuals experiencing homelessness as a step toward self-sufficiency. Moving individuals into long-term
stable housing can be challenging given the magnitude of barriers that exist for chronically homeless
individuals, many of whom require long-term or even lifelong supportive services.
This item will authorize the City Manager or designee to negotiate the purchase of a 31-unit motel for
conversion into permanent supportive housing (PSH), dedicate remaining Emergency Rental Assistance 2
(ERA2) funds towards a good faith down payment, submit a grant application for Homekey Program
(Homekey) funds, and execute all necessary documents towards acquisition and rehabilitation of the current
Palomar Motel located in southwestern Chula Vista to provide new PSH units for persons currently
experiencing homelessness.
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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 (Existing Facilities), Section 15326 (Acquisition of Housing
for Housing Assistance Programs), and Section 15061(b)(3) (Common Sense Exemption). This is because the
action to acquire the motel for the purpose of providing PSH 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. Therefore, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The Housing and Homeless Advisory Commission will be provided with an update at their next meeting.
DISCUSSION
In late 2022, the City was contacted by representatives of the Palomar Motel at 1160 Walnut Avenue, Chula
Vista, CA 91911, indicating that the ownership was interested in the potential sale of the property and
desired to work with the City to provide housing for homeless individuals. Since that time, staff has been
conducting due diligence to assess the feasibility of providing permanent supportive housing on the site.
Work efforts to date include an initial appraisal of the property, a Phase I Environmental Analysis, and a
Facility Conditions Report. In addition, a variety of funding options have been reviewed.
While the opening of the City’s emergency bridge shelter is an important step in moving unsheltered persons
toward self-sufficiency, it does not provide a long-term solution for those that are ready for permanent
housing and in need of a greater level of ongoing services and support. According to the 2023 Point in Time
Count, 318 individuals were reported as unsheltered in Chula Vista. Various sources estimate up to 40% of
homeless individuals may have mental health issues, which can be a large impediment to remain in place in
stable housing. A recent report indicates there are 6,865 PSH beds in the San Diego County region, with only
30 of them in the South Bay Region.
Given the great need for housing that provides ongoing services, the current availability of California
Department of Housing and Community Development (HCD) Homekey funds, and remaining ERA2 funds,
staff has determined that the best use for the Palomar Motel would be to convert the property for PSH.
Permanent Supportive Housing (PSH)
PSH is an intervention that combines affordable housing assistance with voluntary support services to
address the needs of chronically homeless people. The services are designed to build independent living and
tenancy skills and connect people with community-based health care, treatment, and employment services.
Investments in PSH have historically helped decrease the numbers of individuals experiencing chronic
homelessness. In addition to ending homelessness for people who are chronically homeless, research has
demonstrated that PSH can increase housing stability and improve health.
PSH supports individuals at or below 50% area median income (very-low income), a difficult and needed
housing segment to meet Regional Housing Needs Assessment goals in the 2021-2029 Chula Vista Housing
Element.
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The acquisition and conversion of the Palomar Motel is a significant step forward in the City’s effort to
address homelessness through supportive assistance that combines on-going rental assistance with
individualized services.
Existing Palomar Motel
The Palomar Motel property, located at 1160 Walnut Avenue, Chula Vista, CA 91911, consists of two parcels.
The primary property (APN 6170602000) is 0.85 acres and contains a u-shaped 1 & 2-story, limited-service
lodging facility built in 1946 with 31 single occupant rooms, a managers suite, laundry facilities and a storage
room. The property is in good condition, with several of the building’s original architectural features restored
or copied.
The second parcel (APN 6170602100) is 0.32 acres, unimproved, and currently rented for vehicle storage on
a month-to-month lease with a towing company. It is the City’s intent to retain the current lease until such
time as the City can secure additional funds to improve the lot (proposed Phase 2 of the project) and provide
a safe parking lot for homeless individuals currently living in their vehicles or fill another housing gap for
chronically homeless individuals. If a safe parking lot was developed, it would follow similar operating
procedures as the emergency shelter, in that it would provide a temporary secured overnight parking area
for those that were vetted by the City’s Homeless Outreach Team (HOT) and are in process of securing a
permanent housing solution.
Acquisition & Rehabilitation Funding
Emergency Rental Assistance 2 (ERA2) Program funds
In February 2023 the City received a final reallocation of ERA2 funds from the U.S. Treasury in the amount
of $67,401.64. Of this amount, the City has $65,996.64 remaining after final administrative expenses were
paid out to SBCS for the Emergency Rental Assistance Program (ERAP). These funds were appropriated on
May 23, 2023 by Resolution 2023-061.
While initial rounds of funding were restricted to housing stability programs to enable households to obtain
or maintain housing and impacted by the COVID-19 pandemic, ERA2 allow for a greater range of uses,
including the construction or rehabilitation of affordable housing projects to serve very low-income families.
It is staff’s intent to utilize the remaining ERA2 funds for good faith down payment on the property.
American Recovery Program Act (ARPA) funds
With the launch of the Coronavirus State and Local Fiscal Recovery Funds, eligible jurisdictions have been
able to bolster their response to the COVID-19 emergency and its economic impacts, and, through ARPA
funding to support the immediate pandemic response, provide for basic emergency needs, bring back jobs,
and lay the groundwork for a strong and equitable recovery. The Treasury has launched much-needed relief
to more specifically:
Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the
pandemic under control;
Replace lost public sector revenue to strengthen support for vital public services and help retain jobs;
Support immediate economic stabilization for households and businesses; and
Address systemic public health and economic challenges that have contributed to the inequal impact
of the pandemic on certain populations.
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As will be further described in the companion ARPA item following this (Item 8.2), staff is proposing to utilize
up to $7 million in ARPA funds towards the acquisition of the property and as match for the Homekey grant
application. Programming an additional $6 million in ARPA funding for renovation of the site is also proposed
in Item 8.2 (total of $13 million in ARPA funds to be programmed for the acquisition and renovation of the
Project), should the City be unsuccessful in its application for Homekey funds. Staff will return to Council to
report back and take any necessary further actions upon notice from HCD regarding our Homekey
application.
Homekey Program (Homekey)
HCD announced the availability of approximately $736 million of Homekey grant funding through a Round 3
Notice of Funding Availability (NOFA) in late March 2023. Homekey is an opportunity for state, regional, and
local public entities to develop a broad range of housing types, including but not limited to hotels, motels,
hostels, single-family homes and multifamily apartments, adult residential facilities, manufactured housing,
and to convert commercial properties and other existing buildings to permanent or interim housing for the
target population.
Homekey funds are targeted for persons experiencing homelessness or at risk of homelessness, and who are,
thereby, disproportionately impacted by and at increased risk for medical diseases or conditions due to the
COVID-19 pandemic or other communicable diseases. Individuals and families who are experiencing
homelessness or who are at risk of homelessness, is defined by the McKinney-Vento Homeless Assistance
Act (Part 578.3 of Title 24 of the Code of Federal Regulations).
Under Homekey, a variety of interim and permanent housing solutions to serve the target population can be
undertaken:
1. Acquisition or rehabilitation, or acquisition and rehabilitation, of motels, hotels, hostels, or other sites
and assets, including apartments or homes, adult residential facilities, residential care facilities for
the elderly, manufactured housing, commercial properties, and other buildings with existing uses
that could be converted to permanent housing or interim housing, subject to any limitations set forth
in this NOFA, including those provided in Section 301.
2. Master leasing of properties for non-congregate housing.
3. Conversion of units from nonresidential to residential.
4. New construction of dwelling units.
5. The purchase of affordability covenants and restrictions for units.
6. Relocation costs for individuals who are being displaced because of the Homekey Project.
7. Capitalized operating subsidies for units purchased, converted, constructed, or altered with funds
provided pursuant to HSC section 50675.1.3
Since the City recently opened the bridge shelter, an application for PSH through acquisition and
rehabilitation (#1) is the most needed and competitive housing solution at this time.
It is expected that Homekey fund awards will be announced approximately 90 days after the application date
of July 28, 2023. Acquisition, rehabilitation, and/or construction must be completed 12 months from the date
of award letter, with full occupancy being achieved by 15 months from date of the award letter. Studio or
one-bedroom units will receive a baseline amount of $150,000 per door and beyond the applicable baseline
amount, applicants may leverage a 1:1 local match to provide up to $100,000 in additional funds per door.
All Permanent Housing Projects must be restricted with a 55-year Affordability Covenant and restrict the
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use, operation, occupancy, and affordability of the Project in accordance with all applicable requirements of
the Homekey Program.
Homekey is a preferred funding source for the rehabilitation of the Palomar Motel as it can be matched with
ARPA acquisition funds and assists in meeting goals to serve the homeless population. An application for up
to $7 million in funds is anticipated to be submitted towards the Project.
Proposed Improvements and Ongoing Operations
Renovation plans include the conversion of motel units into long-term housing units, a new community space
for property management offices, onsite services, case management, and a lounge area for residents. Each of
the 31-units would be fully renovated and equipped with a full bathroom and kitchenette. In addition, the
property would be modified to be compliant with the American Disabilities Act (ADA). Final improvements
and funding needs are still being assessed.
The City is currently soliciting proposals for development partners through a Request for Qualifications
(RFQ), to work with the City to develop and operate PSH. It is expected, should the authorization occur this
evening to purchase the Palomar Motel, the City will issue a Request for Proposals (RFP) to the short-listed
on-call development partners specific to the Palomar Motel in order to finalize funding and operational
standards for the PSH.
Conclusion
While the City was not actively seeking to acquire a motel for conversion into PSH, staff is continually looking
for opportunities to address critical gaps in housing options throughout the city for all residents. In
particular, due to the shortage of PSH beds in the South Bay, the recent opening of the Chula Vista Village at
Otay, timing of available funds for pandemic related impacts, and grant opportunities to serve very-low
income persons experiencing homelessness, the acquisition and rehabilitation of the Palomar Motel for PSH
is a needed and timely opportunity.
This authorization will enable the City Manager or designee to continue working with the property owner to
negotiate the purchase of the Palomar Motel for PSH, utilizing $65,996.64 in ERA2 funds as a good faith down
payment, up to $7 million in ARPA funds for acquisition, and up to $7 million in Homekey funds for
rehabilitation. It further authorizes the submittal of the Homekey Program fund application for up to $7
million and ARPA funds up to $6 million for rehabilitation if the Homekey submission is not successful.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City of Chula Vista 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 Chula Vista 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 does not request appropriation but seeks authorization to spend previously appropriated ERA2
funds as well as American Recovery Program Act (ARPA) funds , which will be reallocated via companion
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Item 8.2, to be presented to City Council at tonight’s meeting. If Homekey or other funds are received for the
rehabilitation, staff will return to the City Council to amend the budget to appropriate such funds and
reprogram ARPA funding accordingly.
ONGOING FISCAL IMPACT
The City will continue to work to secure alternative funding sources for the operation and maintenance cost
of the property. The ongoing operation and maintenance costs will either be included in the fiscal year 2024-
25 budget development process or separate City Council action.
ATTACHMENTS
None.
Staff Contact: Carlos Rodriguez, Acting Management Analyst II
Stacey Kurz, Director of Housing & Homeless Services
Page 347 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER OR
DESIGNEE TO NEGOTIATE PURCHASE TERMS AND
CONDITIONS, DEDICATE REMAINING EMERGENCY
RENTAL ASSISTANCE 2 FUNDS, AND EXECUTE ALL
DOCUMENTS NECESSARY TO ACQUIRE AND
REHABILITATE THE PALOMAR MOTEL LOCATED AT 1160
WALNUT AVENUE FOR CONVERSION INTO PERMANENT
SUPPORTIVE HOUSING
WHEREAS, the City of Chula Vista (the “City”) continues to look for housing solutions
for unsheltered individuals, including those that require ongoing support services; and
WHEREAS, the owner and current operator of the Palomar Motel located at 1160 Walnut
Avenue, Chula Vista 91911, has expressed a desire to sell the property to the City to assist in
meeting housing goals for unsheltered individuals; and
WHEREAS, permanent supportive housing (PSH) combines affordable housing assistance
with voluntary support services such as health and mental health care to address the needs of
chronically homeless people; and
WHEREAS, the 2023 Regional Point in Time Count identified 318 unsheltered individuals
within the City, of which it is estimated up to 40% may suffer from mental health disorders, and
currently only 30 beds of PSH are being provided in the South Bay region out of 6,865 beds
reported in the San Diego County region; and
WHEREAS, PSH provides needed long-term housing to individuals at or below 50% area
median income (very-low income), which is a difficult and needed housing segment to meet
Regional Housing Needs Assessment goals in the 2021-2029 Chula Vista Housing Element and
meets the requirements of various funding sources; and
WHEREAS, the City desires to commit funding and authorize the acquisition and
rehabilitation of 31-units at the Palomar Motel for PSH (the “Project”); and
WHEREAS, in February 2023 the City received a final reallocation of Emergency Rental
Assistance 2 (ERA2) Program funds from the U.S. Treasury in the amount of $67,401.64, of which
the City has $65,996.64 remaining which were appropriated on May 23, 2023 by Resolution 2023-
061; and
WHEREAS, the City desires to utilize the remaining ERA2 funds for an eligible use to
assist very low-income families as a good faith down payment towards the purchase of the Project;
and
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Resolution No.
Page 2
WHEREAS, the American Recovery Program Act (ARPA) provided eligible jurisdictions
with funds to bolster their response to the COVID-19 emergency and its economic impacts,
including an allowing use to address systemic public health and economic challenges that have
contributed to the inequal impact of the pandemic on certain populations; and
WHEREAS, the City desires to dedicate up to $13 million in ARPA funds towards the
acquisition and rehabilitation of the Project; and
WHEREAS, the City will continue to seek grant opportunities such as the Homekey
Program in order to rehabilitate and operate the PSH; and
WHEREAS, the conversion of the motel is a significant step forward in the City’s effort to
address homelessness through supportive assistance that combines on-going rental assistance with
individualized services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it authorizes the City Manager, or designee, to negotiate purchase terms and conditions,
dedicate $65,996.64 in ERA2 funds as a good faith down payment, up to $13 million in ARPA
funds for acquisition and rehabilitation, and execute all documents necessary to purchase and
rehabilitate the Palomar Motel located at 1160 Walnut Avenue, Chula Vista 91911 to convert the
property for 31-units of Permanent Supportive Housing.
Presented by Approved as to form by
Stacey Kurz Jill D.S. Maland
Director of Housing and Homeless Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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July 25, 2023 Post Agenda
Item 8.1
Revised Resolution B
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING APPLICATION TO AND
PARTICIPATION IN THE HOMEKEY PROGRAM
WHEREAS, the Department of Housing and Community Development (“Department”)
has issued a Notice of Funding Availability, dated March 29, 2023 (“NOFA”), for the Homekey
Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant
funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022
Reg. Sess.), § 20.); and
WHEREAS, the City of Chula Vista (“Applicant”) desires to apply for Homekey grant
funds. Therefore, Applicant is submitting an application for Homeke y funds (“Application”) to the
Department for review and consideration; and
WHEREAS, the Department is authorized to administer Homekey pursuant to the
Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of
Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms
and conditions of the NOFA, the Application, the Department-approved STD 213, Standard
Agreement (“Standard Agreement”), and all other legal requirements of the Homekey Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it authorizes the submittal of the Homekey Program application, as follows:
1. Applicant is hereby authorized and directed to submit an Application to the
Department in response to the NOFA, and to apply for Homekey grant funds in a total
amount not to exceed $7,000,000, or the determined eligibility amount, whichever is
greater.
2. If the Application is approved, Applicant is hereby authorized and directed to enter
into, execute, and deliver a Standard Agreement in a total amount not to exceed
$7,000,000, or the determined eligibility amount, whichever is greater, any and all
other documents required or deemed necessary or appropriate to secure the Homekey
funds from the Department and to participate in the Homekey Program, and all
amendments thereto (collectively, the “Homekey Documents”).
3. Applicant acknowledges and agrees that it shall be subject to the terms and conditions
specified in the Standard Agreement, and that the NOFA and Application will be
incorporated in the Standard Agreement by reference and made a part thereof. Any
and all activities, expenditures, information, and timelines represented in the
Application are enforceable through the Standard Agreement. Funds are to be used for
the allowable expenditures and activities identified in the Standard Agreement.
4. City Manager is authorized to execute the Application and the Homekey Documents
on behalf of Applicant for participation in the Homekey Program.
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July 25, 2023 Post Agenda
Resolution No.
Page 2
Presented by Approved as to form by
Stacey Kurz Jill D.S. Maland
Director of Housing and Homeless Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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July 25, 2023 Post Agenda
Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life
HOUSING &
HOMELESS SERVICES
Presented by:
Item 8.1
Conversion of Palomar Motel for
Permanent Supportive Housing
Stacey Kurz, Director
Carlos Rodriguez, Acting Management Analyst II
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July 25, 2023 Post Agenda
Housing Chula Vista’s Unsheltered
•318 homeless individuals in January
•“Chula Vista Village at Otay ”
opened May 2023
•Provides temporary emergency
transitional shelter
•Gaps in permanent housing
solutions remain
RTFH 2023 Point in Time Count (PITC)
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•Estimated 40% suffer from
mental health disorders
•Many require long-term or
lifelong support services
•Permanent Supportive
Housing (PSH)
•Combines affordable housing
assistance with voluntary
support services
Barriers & Solution
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July 25, 2023 Post Agenda
•Supports individuals at or below 50%
area median income (very-low income)
•30 beds in South Bay out of 6,865 in
San Diego Region
•Recognized by service providers as
greatest need in 2022/23 HOME-ARP
Survey
Permanent Supportive Housing
2022/23 HOME-ARP ALLOCATION PLAN, adopted 2/14/23
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July 25, 2023 Post Agenda
•Emergency Rental Assistance 2 (ERA2)
•Final reallocation $65,996.64
•Housing construction or rehabilitation to serve very low-income
•Appropriated on May 23, 2023 by Resolution 2023-061
•American Recovery Program Act (ARPA)
•“Address systemic public health and economic challenges that
have contributed to the inequal impact of the pandemic on certain
populations”
•Homekey Program (Homekey)
Current Funding Available
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July 25, 2023 Post Agenda
•California Department of Housing
and Community Development (HCD)
•Convert housing to permanent or
interim housing for persons
experiencing homelessness or at risk
of homelessness
•Disproportionately impacted by and at
increased risk for medical diseases or
conditions due to the COVID-19
pandemic or other communicable
diseases
•3rd Round due July 28th
Homekey Program
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July 25, 2023 Post Agenda
Project Location
Palomar Motel -1160 Walnut Avenue
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July 25, 2023 Post Agenda
•0.85 acres
•Contains u-shaped 1 & 2-
story building
•Limited-service lodging
facility
•Built in 1946
•28 single occupant rooms
•Managers suite
•Laundry facilities
•Storage room
•0.32 acres
•Unimproved
•Month-to-month lease for
vehicle storage
Property Information
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July 25, 2023 Post Agenda
Existing Conditions
•Exterior
•Built in 1946
•Approx. 10,000 sq. ft.
•In Good Condition
•Structurally Sound
•Code Required Improvements
•ADA Required Improvements
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•Interior
•Average unit size = 330 sq ft.
•Functioning Fixtures in Good Condition
Existing Conditions
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•Acquisition
•Appraisals
•Environmental Site
Assessment
•Facility Needs Assessment
•Existing Conditions Report
•Historical
•Conversion
•Phase 1 -Building
Assessments
•Regulatory Requirements
•Architectural and Structural
Assessment
•Obtain a Budget Level Cost
Estimate
Due Diligence
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Proposed Improvements
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•Phase I
•55-year covenant
•Serve homeless or formerly
homeless below 51% AMI
•Provide on-site supportive
services
•Phase II
•Safe Parking Lot
•Other housing services for
homeless individuals
Project Terms
Page 364 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life
Recommendation
A.Authorize City Manager to execute all documents to:
1.Negotiate purchase of Palomar Motel
2.Dedicate $65,996.64 in ERA2 funds for good faith deposit
3.Utilize up to $13m in ARPA funds
•Up to $7m for acquisition
•Up to $6m for rehabilitation (if needed)
B.Approve submittal of Homekey Program Application for
up to $7m, or the determined eligibility amount,
whichever is greater
Page 365 of 505
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July 25, 2023 Post Agenda
Homekey
Awards
Announced
October
2023
Council
Update &
Necessary
Actions
November
2023
Complete
RenovationsLate 2024 OccupancyEarly/Mid
2025
Anticipated Timeline
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v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
American Rescue Spending Plan: Amend the American Rescue Plan Act (ARPA) Spending Plan
Report Number: 23-0173
Location: Citywide and Project Specific at 1160 Walnut Avenue
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: A) amending the Fiscal Year 2023/24 budget, B) amending the Fiscal Year 2023/24 CIP
program budget, C) amending the American Rescue Plan Act (ARPA) Spending Plan; D) establishing CIP
project GGV0270 and appropriating $13.0 million for acquisition and renovation of Palomar Motel. (4/5
Vote Required)
SUMMARY
On May 10, 2021, the U.S. Department of the Treasury announced the launch of the Coronavirus State and
Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion
in emergency funding for eligible state, local, territorial, and Tribal governments. The Coronavirus State and
Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs, including
support for households, small businesses, impacted industries, essential workers, and the communities
hardest-hit by the crisis. These funds also deliver resources that recipients can invest in building,
maintaining, or upgrading their water, sewer, and broadband infrastructure.
The City received a total of $57.5 million in American Rescue Plan Act funds, which was appropriated by the
City Council with the initial plan presented on August 24, 2021 and the fiscal year 2022-23 adopted budget.
Several amendments to the Plan have since been made by staff to address critical City needs. This action
proposes amendments of the ARPA Spending Plan; reallocating $13.0 million in previously appropriated
American Rescue Plan Act funds for the purchase of the Palomar Motel and amending the Spending Plan to
reallocate various projects to the Revenue Recovery expenditure category.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental
fiscal/administrative activity which does not result in a physical change in the environment; therefore,
pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
On May 10, 2021, the U.S. Department of the Treasury (“Treasury”) announced the launch of the Coronavirus
State and Local Fiscal Recovery Funds (“SLFRF”), established by the American Rescue Plan Act of 2021
(“ARPA”), to provide $350 billion in emergency funding for eligible state, local, territorial , and Tribal
governments. The Treasury also released details on how these funds can be used to respond to acute
pandemic response needs, fill revenue shortfalls among these governments, and support the communities
and populations hardest-hit by the COVID-19 crisis.
Eligible jurisdictions have been able to access this funding to address immediate pandemic response needs,
such as: recover revenue losses, basic emergency needs, bring back jobs, and lay the groundwork for a strong
and equitable recovery. These funds present a significant opportunity for our community to meaningfully
address the pandemic’s disproportionate toll on people of color, people with disabilities, immigrant
communities, low-income households, and other historically marginalized groups, including the homeless
population. Treasury released the final rule, a set of regulations for the Coronavirus State and Local Fiscal
Recovery funds program, which provides resources to state, local, and tribal governments to respond to the
pandemic and its economic effects. The final rule governs the eligible and ineligible use of SLFRF funds.
Eligible Uses:
o Responding to the public health and negative economic impacts of the pandemic (which includes
several sub-categories)
o Providing premium pay to essential workers through April 10, 2023
o Providing government services to the extent of revenue loss due to the pandemic, and
o Making necessary investments in water, sewer, and broadband infrastructure
Ineligible Uses:
o Directly or indirectly offset reduction in net tax revenues
o Contribute to rainy day fund, financial reserves of similar funds
o Deposits into any pension fund, and
o Payment of interest or principal on outstanding debt instruments incurred prior to March 3, 2021
Treasury has released subsequent updates to final rule guidance, most recently in July 2022 expanding the
eligibility of ARPA funding for affordable housing production and preservation; and in June 2023 informing
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recipients that premium pay to eligible workers may not be used effective April 10, 2023, due to the end of
the National Emergency.
ARPA Funds must be obligated (when referencing a recipient’s or subrecipient’s use of funds under a Federal
award, “obligated” means orders placed for property and services, contracts and subawards made, and similar
transactions that require payment) by December 31, 2024 and expended by December 31, 2026. Project
expenditure reports are submitted to Treasury quarterly. An overarching Recovery Plan with project
updates is submitted to Treasury annually and made available on the City’s website. The 2023 Recovery Plan
will be available in late July.
The City received a total of $57.5 million, which was appropriated by the City council with the initial plan
presented on August 24, 2021 and the fiscal year 2022-23 adopted budget. Subsequent to the initial
allocation, Spending Plan amendments have been approved by City Council as critical needs increase and are
identified in response to the pandemic and to incorporate recent updated guidance from Treasury.
The amendments to date include:
City of Chula Vista - ARPA Spending Plan Amendments
Amendment No. & Description
Resolution
No.
Expenditure Category (EC) &
Project Name Amount
Amendment No. 1
Jacobs and Cushman San Diego
Food Bank allocation to provide
food distribution services.
2021-213
EC 2 - Economic Development: Choose
Chula $(100,000)
EC 2 - Negative Economic Impacts: Jacobs
and Cushman San Diego Food Bank $100,000
Amendment No. 2
Alpha Project - Take Back the
Streets allocation to provide job
training and placement to
previously homeless individuals.
2021-228
EC 2 - Economic Development: Choose
Chula $(100,000)
EC 2 - Negative Economic Impacts: Alpha
Project $100,000
Amendment No. 3
Homeless Supportive Services,
allocation to support the City’s
Homeless Outreach Team to
provide a continuum of services for
homeless, at risk and low-income
households.
2022-032
EC 2 - Economic Development: Choose
Chula $(100,000)
EC 2 - Negative Economic Impacts:
Homeless Supportive Services $100,000
Amendment No. 4
SBCS Domestic Violence, allocation
in the amount of $200,000
approving an associated agreement
with SBCS Domestic Violence
Program to continue providing
therapeutic counseling and crisis
intervention services to adult and
children victims of family violence.
2022-085
EC 6 - Revenue Recovery: University
Innovation $(200,000)
EC 1 - Public Health: SBCS Domestic
Violence $200,000
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City of Chula Vista - ARPA Spending Plan Amendments
Amendment No. & Description
Resolution
No.
Expenditure Category (EC) & Project
Name Amount
Amendment No. 5
Reallocation from the Loma Verde
Community Center (GGV0247) to
the provision of Revenue Recovery -
General Government Services due
to other available funding sources
for this project, as part of the Fiscal
Year 2022-23 Adopted Budget.
2022-121
EC 6 - Revenue Recovery: Loma Verde
Community Center $(2,000,000)
EC 6 - Revenue Recovery: General
Governmental Services $2,000,000
Amendment No. 6
Reallocation from the Revenue
Recovery – General Governmental
Services to the Casa Casillas project
(GGV0262).
2022-257
EC 6 - Revenue Recovery: General
Governmental Services $(1,450,000)
EC 6 - Revenue Recovery: Casa Casillas $1,450,000
Amendment No. 7
A) Reallocation of $600,000 from
the HVAC project (GGV0261),
$400,000 to Casa Nueva Vida
Domestic Violence Shelter; and
$200,000 to the SBCS Domestic
Violence project.
B) Reallocation of $100,000 from
Revenue Recovery – General
Government Services to the Jacobs
& Cushman San Diego Food Bank
project.
2023-038
EC 1 - Public Health: HVAC $(600,000)
EC 1 - Public Health: SBCS Domestic
Violence $400,000
EC 1 - Public Health: Casa Nueva Vida DM
Shelter $200,000
EC 6 - Revenue Recovery: General
Governmental Services $(100,000)
EC 1 - Public Health; Jacobs and Cushman
San Diego Food Bank $100,000
Amendment No. 8
Reallocation from the COVID-19
Testing project to the Homeless
Support Services and Alpha Project
– Take Back the Streets projects.
2023-061
EC 1 - Public Health: COVID-19
Testing/Vaccinations $(200,000)
EC 2 - Negative Economic Impacts: Alpha
Project $100,000
EC 2 - Negative Economic Impacts:
Homeless Supportive Services $100,000
Amendment No. 9
Reallocation from the Revenue
Recovery – General Governmental
Services to the Eucalyptus Park
Renovation project
2023-074
EC 6 - Revenue Recovery: General
Governmental Services $(3,522,558)
EC 2 - Negative Economic Impacts:
Eucalyptus Park Renovation $3,522,558
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Current ARPA Spending Plan and Status of Projects
The following are the City of Chula Vista ARPA Spending Plan Expenditure Categories (EC):
Public Health (EC-1): To provide resources to meet and address emergent public health needs,
including through measures to counter the spread of COVID-19, through the provision of care for
those impacted by the virus, and through programs or services that address disparities in public
health that have been exacerbated by the pandemic.
o Heating Ventilation and Air Conditioning ($17.9 million) – Not Started:
ARPA funding to replace major components of the HVAC system at Police Headquarters was
originally appropriated on August 24, 2021, in the amount of $18.5 million. The original
appropriation amended the fiscal year 2021-22 budget for CIP Project GGV0261 in the ARPA
Fund.
The ARPA funding will allow the City to address a major capital need and install a system that
allows for a higher level of air filtration at a key 24/7 public safety facility providing
protection against viruses through the enhanced air filtration unit.
The initial scope of the project was a complete replacement of the HVAC system at the Police
Headquarters. As we have moved into the design phase and began to work with the
consultant it was determined that a repair and replacement of specific failing sections/parts
is a more cost-effective approach to updating the HVAC system. Staff is currently working
with a contractor on the scope of the project and a revised cost estimate, but it is expected to
be significantly lower than the original estimate, leaving monies available for
reprogramming.
On March 28, 2023, through Resolution 2023-038, $600,000 from this project was
reallocated within the Public Health Category to fund an existing SBCS Domestic Violence
program and to create the new Casa Nueva Vida Domestic Violence Shelter Operations
project, leaving a remaining balance of $17.9 million.
This action requests the reallocation of $7.9 million and reducing the CIP budget of
HVAC CIP project GGV0261 for the purchase of Palomar Motel.
This action requests the reallocation of $10.0 million CIP budget of HVAC CIP project
GGV0261 from the Public Health Category to the Revenue Recovery Category.
o COVID Testing/Vaccinations ($1.04 million) – Completed Projects:
On March 13, 2020, the President declared the COVID-19 pandemic of sufficient severity and
magnitude to warrant an emergency declaration for all states, tribes, territories, and the
District of Columbia pursuant to section 501 (b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”). Chula Vista was one of
the first City’s in San Diego County to proclaim a local emergency due to COVID-19. In
response to the disproportionate impact of the pandemic on the South Bay and to better serve
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and protect the community, the City of Chula Vista opened a City-run public COVID-19 testing
site, free to Chula Vista and the surrounding communities.
The City allocated $900,000 toward COVID-19 testing and $335,250 toward COVID-19
vaccination programs to hire staff, purchase testing materials (including personal protective
equipment), and address miscellaneous costs as they arise. Miscellaneous costs included
registration system software, paper materials, courier services, etc. After nearly three years,
the State of California and the County of San Diego ended the COVID-19 emergency
proclamation on February 28, 2023. The City’s testing and vaccinations program came to an
end on that same date, leaving a $1.04 million in funds available for reallocation.
On May 23, 2023, through Resolution 2023-061, $200,000 from these projects was
reallocated to the Negative Economic Impacts eligible use category (EC-2), leaving a
remaining balance of $851,868 available for reallocation. With these projects ending, no
additional expenditures related to COVID-19 testing and vaccinations are anticipated.
This action requests the reallocation of $851,868 to ARPA General Governmental
Services under Revenue Recovery and close out of the COVID Testing and Vaccination
projects.
o SBCS Domestic Violence ($0.4 million) – In process:
On April 26, 2022, through Resolution 2022-085, the City Council approved the creation of a
new ARPA project, reallocating $200,000 from the Revenue Recovery Category to the Public
Health Category and delivering critical assistance to victims of domestic violence. The
Program provides a Domestic Violence Response Team (“DVRT”) for emergency response via
a 24-hour assistance hotline with access to emergency shelters, strengths-based assessments
and safety planning for victims and their children; individual counseling and group/family
counseling; unique therapeutic pre-school (Mi Escuelita); and ongoing case management and
support for victims.
On March 28, 2023, through Resolution 2023-038, $200,000 was reallocated within the
Public Health Category from CIP budget of HVAC CIP project GGV0261 to fund the SBCS
Domestic Violence program. This project is currently ongoing and is anticipated to be
completed by April 1, 2024.
o Casa Nueva Vida Domestic Violence Shelter ($0.4 million) – In Process:
On March 28, 2023, through Resolution 2023-038, $400,000 was reallocated within the
Public Health Category from CIP budget of HVAC CIP project GGV0261 to fund the Casa Nueva
Vida Domestic Violence Shelter operations. Casa Nueva Vida offers the only short-term
shelter/housing program for homeless families (with children) in the South Bay region,
including victims of domestic violence.
Negative Economic Impacts/Economic Development (EC-2): To provide resources responding to
the negative economic impacts, to households and individuals; small businesses and non-profits;
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State, Local and Tribal governments; and to address the exacerbation of pre-existing disparities,
particularly pronounced in certain communities and families of low- and moderate income who were
disproportionately affected by the pandemic.
o Jacobs and Cushman San Diego Food Bank ($0.2 million) – In Process:
On November 16, 2021, City Council approved the reallocation of $100,000 from the
Economic Development category to the Public Health category specifically to create a new
project. The Jacobs & Cushman San Diego Food Bank has been on the front lines of the
Coronavirus crisis since the pandemic hit our community in March 2020. Along with
volunteers and a network of nonprofit partners, they have been providing emergency food
assistance to individuals and families impacted by the pandemic. With this allocation of
funding and working closely with over 35 Chula Vista nonprofit partners, the San Diego Food
Bank will ensure that the City of Chula Vista continues to provide assistance to our neighbors
in need. On March 28, 2023, through Resolution 2023-038 City Council approved a
reallocation of funds from the Revenue Recovery category in the amount of $100,000 to
continue providing crucial nutrition to all Chula Vista residents in need, as individuals and
families recover from pandemic impacts through the end of March 31, 2024.
o Alpha Project – Take Back the Streets ($0.2 million) – In Process:
The City’s Homeless Outreach Team conducted a “point-in-time” count in August 2021 that
revealed the homeless population had doubled from the last official count in 2019. The
significant rise in homelessness is attributed to the impacts of the COVID-19 pandemic and
has resulted in a rise of trash and debris in public spaces, including parks and streets.
On December 7, 2021, City Council approved the reallocation of $100,000 from the Economic
Development Category to the Negative Economic Impacts Category to fund the Alpha Project
(Take Back the Streets), an employment program that provides job opportunities to formerly
homeless individuals and assist City staff in maintaining clean and safe public spaces. The
program serves as a catalyst for homeless people who are able to work, providing them with
immediate transitional employment and training while providing the community with vital
services through the removal of over one million pounds of trash and debris.
o Homeless Supportive Services ($0.2 million) – In Process:
On February 8, 2022 City Council approved the reallocation of $100,000 for the creation of
the Homeless Supportive Services program. The new program supports the ongoing efforts
by the City’s Homeless Outreach Team (HOT) to provide a continuum of services for
homeless, at risk and low-income households. The program is designed to work in tandem
with the City’s housing programs by offering unique, individual assistance required by the
homeless individual to reach stable housing and increasing levels of self-sufficiency.
On May 23, 2023, City Council approved the reallocation of $100,000 from the Public Health
category to continue supporting the efforts of this program.
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o Eucalyptus Park Renovation ($3.5 million) – Not Started:
On June 6, 2023, City Council approved the reallocation of $3,522,558 from the Revenue
Recovery – General Governmental Services to the Eucalyptus Park Renovation CIP project
(PRK0340). Eucalyptus Park was the first park built within the City of Chula Vista, opening to
the public in 1927. It is a 19.69-acre community park which serves the northwestern area of
Chula Vista and is heavily utilized by the community. Renovating Eucalyptus Park will
provide the community with expanded recreation offerings and enhanced amenities. Planned
renovations to Eucalyptus Park are estimated to cost approximately $8.7 million. Of this
amount, $5.2 million will be funded by a Statewide Park Program grant, leaving a funding
shortfall of $3.5 million.
As Treasury issued further guidance in the final rule clarifying that “investments in parks,
public plazas, and other public outdoor recreation spaces may be responsive to the needs of
disproportionately impacted communities by promoting healthier living environments” the
shortfall of $3.5 million for Eucalyptus Park will be funded by ARPA funds. These funds
present a significant opportunity for our community to meaningfully address the pandemic’s
disproportionate toll on people of color, people with disabilities, immigrant communities,
low-income households, and other historically marginalized groups, including the homeless
population.
This action requests the reallocation of $3.5 million CIP budget of Eucalyptus Park
project PRK0340 from the Negative Economic Impacts Category to the Revenue
Recovery Category.
o Small Business Grant Program ($2.6 million) – Completed:
In summer 2020, as part of inclusive economic development research and pandemic recovery
efforts, surveys were sent to residents and business owners to better understand the impacts
of the pandemic. Over 576 business owner surveys were received, and 794 community
surveys were received which detailed the immediate needs of businesses and the community
during the pandemic. The make-up of respondents and their expressed needs was used to
inform the program framework and requirements for the Chula Vista CARES Small Business
Grant Program which funded 279 small businesses.
In summer 2021, a survey was sent to 7,636 businesses with email addresses on file and 180
survey responses were received. Most respondents indicated they would like funds to
replenish depleted reserves, cover payroll, rent, equipment, and other debt that has accrued
during the pandemic.
The City executed an agreement with the San Diego Foundation to administer the grant
program on the City’s behalf. As the program administrator the San Diego Foundation
received the $2.6 million in funding and provided $1.0 million in matching funds, for a total
of $3.6 million in total support.
The application period for business and nonprofits began in August 2022 and closed on
October 2022. Total applications received from small business was 848 and 102 from
nonprofits. Grant awards of $10,000 each were disbursed to selected applicants during the
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last two weeks of December 2022 and finalized disbursements during the first quarter of
2023.
o Choose Chula App ($0.1 million) – Completed Project:
Small businesses were disproportionately impacted by the pandemic and providing support
to aid in their equitable economic recovery is critical. Staff sought creative ways to bolster a
circular economic recovery, increase consumer confidence and provide businesses with
marketing support, a key area of help identified in a citywide business survey. To meet those
needs, the Choose Chula small business support app pilot program launched June 15, 2021,
with the state-wide reopening.
In the first month of the soft launch, over 100 applications were received resulting in 89
businesses being admitted into the app and there were over 1,500 app downloads. ARPA
funds were directed towards technology optimization, administration, and marketing costs
for the program as well as funding the rewards budget that rewards app users with digital
Chula Points.
o Curb and Sidewalk Café Grants ($0.2 million) – Completed Project:
At the July 13, 2021, City Council meeting the City Council approved a process to create
attractive and accessible curb cafes and sidewalk cafes along the Third Avenue corridor and
to offset the cost to permit and construct these facilities and appropriated ARPA funds that
are dedicated to a reimbursement grant program for these facilities.
This action requests the reallocation of $51,951 of previously appropriated ARPA
funds, to the ARPA General Governmental Services under Revenue Recovery and
close out of the project.
Premium Pay to Essential Workers (EC-3): California Government Code declares all government
employees Disaster Service Workers who can be called upon in any emergency. Premium pay is
designed to compensate workers that, by virtue of their employment, were forced to take on
additional burdens and make great personal sacrifices as a result of the COVID-19 pandemic.
Premium pay can be thought of as hazard pay by another name. Treasury’s final rule emphasized the
need for recipients to prioritize premium pay for lower income workers and requires specific
justification for how it responds to the needs of these workers. In addition, employers were both
permitted and encouraged to use Coronavirus State and Local Fiscal Recovery Funds to offer
retrospective premium pay, recognizing that many essential workers have not yet received
additional compensation for work performed. As noted above, due to the end of the National
Emergency, Treasury has updated its guidance and effective April 10, 2023, ARPA funds may no
longer be used for premium pay to eligible workers.
o Premium Pay to Essential Workers ($3.55 million) – Completed Project:
Since March 2020 City employees were called on to respond to the pandemic in both their
normal work duties and a variety of activities that are outside of their normal duties (food
distribution, COVID testing and vaccination scheduling and site management). Essential
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Worker Premium is to recognize workers performing essential duties during this public
health emergency. Due to the end of the National Emergency, Treasury has updated its
guidance and effective April 10, 2023, ARPA funds may not be used for premium pay to
eligible workers, this program has therefore been completed and reporting final
expenditures of $2.5 million.
This action requests the reallocation of $1,096,000 previously appropriated ARPA
funds to the ARPA General Governmental Services under Revenue Recovery and close
out of the Premium Pay to Essential Workers project.
Infrastructure (EC-5): To assist in meeting the critical need for investments and improvements to
existing infrastructure in water, sewer, and broadband, the Fiscal Recovery funds provide funds to
make necessary investments in these sectors. Allowing for a broad range of necessary investments
in projects that improve access to clean drinking water, improve wastewater and stormwater
infrastructure systems, and provide access to high-quality broadband service.
o Broadband Design ($0.9 million) – Not Started:
As part of stakeholder engagement for the development of the City’s Digital Equity &
Inclusion Plan (DEIP), the City of Chula Vista hosted multiple workshops with key community
stakeholders to better understand the local digital divide and to uncover opportunities for
collaboration on digital equity projects. The first workshop was conducted in July 2019 and
included over 50 attendees throughout the San Diego region, including community-based
organizations, academic institutions, regional agencies, private businesses, and city staff. In
January 2020, the city conducted the second workshop. At this workshop, the City was able
to gain feedback from practitioners that advocate on behalf of the needs of a wide group of
the city’s population and tailor strategies for the DEIP. The list of workshop attendees
included the regional public agencies, academic institutions, non-profits and private sector,
including SANDAG, Port of San Diego, San Diego Airport, City of Carlsbad, Chula Vista
Elementary School District, T-Mobile, AT&T, Verizon, Cleantech San Diego, Computers 2 Kids,
and the San Diego Futures Foundation. This item will begin implementing the City’s Digital
Equity and Inclusion Plan and Telecommunications Master Plan by getting engineering and
construction documents prepared that will be able to provide high-speed WIFI to the public
at all City facilities in the future. Staff will look to future grant opportunities of the proposed
Federal infrastructure bill to fund construction.
This action requests the reallocation of the Broadband Design project GGV0263, from
the Infrastructure Category to the Revenue Recovery Category.
Revenue Recovery (EC-6): An eligible use of ARPA funding is the replacement of revenue loss of
local governments due to the COVID-19 public health emergency. This use ensures continuity of vital
government services by filling pandemic-caused budget shortfalls. ARPA fund recipients calculate
and report revenue loss annually according to the formula outlined in the final rule, supporting those
entities that experience a lagged impact of the crisis on revenues. Per the final rule, upon update, any
prior revenue loss election will be superseded.
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The City has calculated and submitted to Treasury updated revenue loss amounts annually using
audited financial data and reported the following revenue loss: Calendar Year 2020 $31.9 million;
Calendar Year 2021 $30.2 million and most recently for Calendar Year 2022 $57.7 million.
Importantly, once a shortfall in revenue is identified, recipients will have broad latitude to use this
funding to support government services, up to this amount of lost revenue. As of the April 2023
reporting period, the City’s revenue loss amount has surpassed the total awarded amount and
therefore is allowed to use the entirety of ARPA funds under the revenue Recovery eligible use
category.
The specific uses of these funds are identified in the following section. These funds are not allowed
to fund the following:
o Directly or indirectly offset reduction in net tax revenues;
o Contribute to rainy day fund, financial reserves of similar funds;
o Deposits into any pension fund;
o Payment of interest or principal on outstanding debt instruments incurred prior to March 3,
2021;
o Premium Pay to Essential Workers after April 10, 2023.
Operational Support
o Development Services Fund Revenue Replacement ($1.0 million) – In Process:
This funding will be used to offset personnel and contract costs incurred by the Development
Services Fund in providing public services. Such services include providing permitting and
code information to the general public, as well as processing and issuing various permits and
conducting related inspections. Funds also will be used to digitize permit records, increasing
ease of access to public records, and to support continued automation efforts, increasing
permitting efficiency.
o Covid Premium Pay (Non-Safety) ($2.60 million) – Completed Project:
California Government Code declares all government employees Disaster Service Workers
who can be called upon in any emergency. Since March 2020 City employees were called on
to respond to the pandemic in both their normal work duties and a variety of activities that
are outside of their normal duties (food distribution, COVID testing and vaccination
scheduling and site management). Essential Worker Premium is to recognize workers
performing essential duties during this public health emergency. Amounts were negotiated
with labor groups and disbursed to essential workers per the various memoranda of
understanding (MOUs).
Effective April 10, 2023, ARPA funds may not be used for premium pay to eligible workers,
the project has therefore been completed and reporting final expenditures of $2.35 million.
This action requests the reallocation of $247,750 previously appropriated to the
ARPA General Governmental Services under Revenue Recovery and close out of the
COVID Premium Pay project.
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o New positions/Public Works Project Management– In Process:
A number of new positions, as detailed in the table below, were added to the General Fund
staffing to permanently support operations and the delivery of projects. These positions are
funded initially by unrestricted reimbursement from ARPA. The position in the Information
and Technology Department of 1.0 Cyber Security Analyst was filled in September 2022. This
position is critical to manage and protect the citywide network as we begin to implement the
Telecommunications Master Plan, to significantly strengthen the City’s information security
posture and ensure alignment with the National Institute of Standards and Technology
(NIST) to help thwart cyber security threats such as Ransom Ware attacks on the City’s
critical infrastructure. The annual estimated cost for this position is $156,820.
The position in the Finance Department of 1.0 Sr. Management Analyst was filled in June
2021. The position is coordinating ARPA reporting and compliance requirements on behalf
of the City. Ensuring APRA spending complies with all applicable program rules, providing
technical support to other City departments, coordinating reporting to the Department of
Treasury and assisting with related program audits. This position also serves as a permanent
central grant coordinator. The annual estimated cost for this position is $141,994.
The positions in Public Works were added due to the time constraints associated with ARPA
monies and the need to deliver projects at a faster pace and to address high priority projects.
A Project Management team was established in the Public Works Department in order to
centralize project management, creating a more efficient project delivery method. The
Project Management team is comprised of 1.0 Building Services Manager, 2.0 Building Project
Managers, and 1.0 Management Analyst.
Given the spending deadlines associated with the ARPA funding requiring prompt project
delivery, additional positions were added to support the increase in the Capital Improvement
Program and not affect service delivery of other projects, including Measure P and the
Bayfront development. The following positions and associated equipment were added to the
Construction Inspection Section: 1.0 Senior Civil Engineer, 2.0 Associate Engineers, 1.0 Senior
Building Inspector and the reclassification of an existing Senior Engineering Technician to 1.0
Senior Fiscal Office Specialist. These positions will be funded by reimbursements from
various projects being delivered under ARPA, Measure P and the Bayfront development. The
required equipment is estimated at $160,000 dollars, funded by unrestricted reimbursement
from ARPA to the General Fund.
Department Position FTE
Public Works
Building Services Manager 1.0
Building Project Manager 2.0
Management Analyst II 1.0
Engineering/ Capital Projects
Senior Civil Engineer 1.0
Associate Engineer 2.0
Senior Building Inspector 1.0
Finance
Senior Management Analyst 1.0
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Department Position FTE
Information Technology Chief Information Security Officer 1.0
TOTAL FTE Changes 10.0
o Administrative Expenses - San Diego Foundation ($0.1 million) – In Process:
The City entered in agreement with the San Diego Foundation to administer the Small
Business Grant program on the City’s behalf and agreed upon a fee of $180,000 for program
administration which included: a) administration of the grant program to provide direct
grants to economically disadvantaged and at-risk businesses and to nonprofits serving the
City of Chula Vista or its residents; b) ensuring a process to obtain accurate and complete
applications for grants, document applicant’s compliance with eligibility requirements, and
approve applications meeting the eligibility requirements; c) issuing or directing payments
to awardees for approved applications and maintaining records of all payments.
o General Governmental Services – Not Started:
Funds made available for the provision of governmental services (to the extent of reduction
in revenue due to the public health emergency) are intended to support direct provision of
services to residents. Per Treasury’s final rule guidance, government services include, but are
not limited to, maintenance or pay-go funded building of infrastructure, including roads;
modernization of cybersecurity, including hardware, software, and protection of critical
infrastructure; health services; environmental remediation; school or educational services;
and the provision of police, fire, and other public safety services.
This action requests the reallocation of funds to the General Governmental Services
expenditure of various ARPA projects that have been completed and have remaining
budget; and the creation of new projects that will be funded by this expenditure
category.
Infrastructure
o Main Street Fiber ($0.3 million) – Completed Less Than 50%:
The funding will allow the City to connect City facilities (Otay Recreation Center, Animal
Shelter and Public Works Facility) to the existing fiber infrastructure located at City Hall. This
will allow the future opportunity to provide free high speed wireless internet access to the
public at the Otay Recreation Center.
o Telegraph Canyon Culvert Repair ($6.15 million) – In Process:
The need for Telegraph Canyon Channel improvements was identified as part of the Measure
P Sales Tax Fund asset management program. Through assessment of risk (probability and
consequence of failures), activities were prioritized and communicated regarding urgency
and the financial and resource requirements. The Telegraph Canyon existing storm drain
system is not adequate to convey water during a 100-year peak flow event requiring
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significant drainage improvements to be made to protect both private and public facilities.
The project has started, the Advance Planning/Environmental and Design phase began using
the last of the Telegraph Canyon Channel Drainage Impact Fee Funds. ARPA funds will allow
those phases to complete as well as to construct the first Segment of improvements.
o Loma Verde Community Center ($2.0 million) – Completed Less Than 50%:
The project demolished and reconstructed the existing recreation center to provide the
following: a new multi-purpose gymnasium, dance rooms, crafts room, fitness room,
classroom space, game room, hard courts, restrooms, changing rooms, staff offices, lifeguard
staff room, break room, new pool mechanical equipment, wet and dry storage, replacement
pool and associated pool deck area. The Measure P Citizens Oversight Committee (COC)
identified and recommended funding this project with the Measure P Sales Tax Fund. ARPA
funding was allocated to supplement staff time costs to the General Fund as a secondary
funding source. The project end date is anticipated in Summer 2023, and a projected total
ARPA staff time expenditure amount of $235,000.
This action requests the reallocation of $1,765,000 to the ARPA Revenue Recovery:
General Governmental Services expenditure category.
o Casa Casillas ($2.45 million) – Completed less than 50%:
The project is to develop the former YMCA space that supports an opportunity for the Chula
Vista Arts Community to showcase their talent, grow their skills and support gatherings,
where the community feels welcome and can experience art and culture. The focus of the
building will be to create intergenerational collaborative opportunities while also supporting
the development of opportunities for artists in residence.
Economic Development
o Public Arts Grant ($0.4 million) – Completed Project:
The Public Arts Grant served two purposes, the first to support the local artists who were
directly impacted by the loss of the City of Chula Vista’s Performing Visual Arts Grant. Funds
were disbursed to artists within the Chula Vista community, similarly to the visual arts grant
program, to create/perform art within our community. The goal was to continue to promote
and stimulate the growth of performing and cultural arts within the City of Chula Vista
through a grant application process for local performing and visual arts groups and
individuals. The grant fund supported art projects such as: dance, design arts, media arts,
music, photography, theater, traditional/folk arts and visual arts, or interdisciplinary
expressions involving more than one of the above fields. The second purpose was to allocate
funding for the Small Business Art Incentive Program. With a goal to support our local
businesses and artists by providing an incentive for local businesses to purchase art for their
businesses that are created directly from our local artists within Chula Vista to further
stimulate the art economy.
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o Starlight Nights ($0.2 million) – Completed Project:
The Starlight Parade has been a cherished community event for more than 50 years and has
brought tens of thousands of people to Chula Vista. The 2019 Starlight Parade attracted more
than 30,000 people to Third Avenue and resulted in activating businesses, restaurants, and
pubs while promoting community engagement, generating widespread media coverage and
social media attention, and promoting sponsor support. Parade entries included spectacular
floats and included schools, bands, dance groups, music performances, veterans and military
groups, car clubs, local merchants, and more. Due to restrictions of the pandemic the City
ceased hosting a parade but instead created Starlight Nights in collaboration with the Third
Avenue Village Association to install and display holiday lights to create a festive holiday
destination for residents and visitors to Third Avenue, a major business corridor in the City
of Chula Vista. The installation required modification to infrastructure including: a)
Modifying the decorative streetlights between E Street and H Street, inserting 120V
receptable into each one to allow for decorations to be temporarily installed along the
avenue; and b) Modifying the medians between E Street and Park Way to install tree rings
and up-lights in palm trees.
o Equity and Inclusion ($0.2 million) – In Process:
To further advance the City’s efforts in creating a more inclusive and equitable community,
culture and workplace, the City of Chula Vista has embarked on a deliberate process that
coordinates and collaborates with all city departments, all levels of city staff and the
community in the development of strategies and recommendations to create a Justice, Equity,
Diversity and Inclusion (JEDI) Action Plan. This funding has been allocated toward third party
assistance in facilitating discussions and collaborating with internal and external
stakeholders in the creation of the Action Plan.
o University Innovation Center and Recruitment ($2.4 million) – Not Started:
Previously appropriated ARPA funding for this project will be reallocated to fund other ARPA
projects as the City will no longer move forward with this project under ARPA funding. The
City has been awarded State grant funding to move forward with this project.
This action requests the reallocation of $2.41 million previously appropriated, to the
Revenue Recovery General Governmental Services expenditure category.
Proposed Reallocation of Chula Vista American Rescue Plan Funds
With the Treasury’s updated guidance and input from City Departments and the community, staff is
recommending the allocation of ARPA funds toward the following new projects.
o Palomar Motel ($13.0 million):
In July 2022 Treasury released updated guidance that allows governments to use State and
Local Fiscal Recovery Funds (SLFRF) from ARPA under the final rule, for “development,
repair, and operational of affordable housing and services or programs to increase long-term
housing security”, an enumerated eligible use to respond to impacts of the pandemic on
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households and communities. In previous guidance, presumptive eligibility for affordable
housing projects was limited to The Home Investment Partnership Program (HOME) and The
National Housing Trust Fund (HTF). Treasury has updated this list by adding additional
programs to increase administrability and clarity in the use of ARPA funds for affordable
housing purposes. The Palomar Motel acquisition and conversion will separately be
considered by the City Council tonight (Item 8.1).
This action requests the allocation of previously appropriated funds, $7.9 million
from the Public Health: HVAC CIP project (GGV0269) and $5.1 million from the
Revenue Recovery General Services expenditure category. A total allocation of $13.0
million for the acquisition and renovation of Palomar Motel (1160 Walnut Avenue,
Chula Vista, CA 91911), to create permanent supportive housing as a significant step
forward in the City’s effort to address homelessness; and provide another long-term
solution to the City’s homelessness transition efforts.
o ADA Self-Evaluation and Transition Plan Update ($1.1 million):
The City is moving forward with a comprehensive Americans with Disabilities Act (ADA) self-
evaluation and update to the City’s existing Transition Plan. Through this effort, the City will
undergo a self-assessment of current compliance status in all City facilities and identify items
that are non-compliant with Federal and State ADA Accessibility Guidelines and take the
necessary steps to update the Transition Plan including the following: a) identification of
barriers and prioritization of solutions; b) establish a list of City services, including a map of
the path of travel to each service along the barriers to be removed in order to achieve
compliance; c) cost estimates for modifications needed in order to achieve compliance with
guidelines; and d) recommendations to update existing policies and to create new policies in
order to achieve compliance with the Guidance.
This action requests the creation of this new project and allocation of $1.1 million, in
previously appropriated ARPA funds from the Revenue Recovery General
Governmental Services expenditure category.
o Public Engagement Platform ($0.13 million):
The City is in the process of procuring an online software as a service (SaaS) public
engagement platform. The implementation of a public engagement platform will centralize
and encourage public participation in City projects, programs, and initiatives while providing
rich and intuitive tools for learning and collecting input from all members of the public. The
City is seeking a platform that is flexible, interactive, user friendly and capable of supporting
multiple public engagement projects simultaneously.
This action requests the creation of this new project and the allocation of $128,196 in
previously appropriated ARPA funds from the Revenue Recovery General
Governmental Services expenditure category.
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The table below reflects staff’s recommendation for allocation of ARPA funds between categories.
City of Chula Vista - ARPA Spending Plan
FY 2022 FY 2023 FY 2024 FY 2024 Total Budget
with Proposed
Adjustments Category
Final
Budget
Final
Budget
Adopted
Budget
Proposed
Adjustments
EC 1 - Public Health 9,867,625 9,867,625 - (18,751,868) 983,382
HVAC (Project GGV0261) 9,000,000 8,900,000 (17,900,000) -
COVID Testing/Vaccinations 667,625 367,625 - (851,868) 183,382
SBCS Domestic Violence 200,000 200,000 - - 400,000
Casa Nueva Vida DV Shelter - 400,000 - - 400,000
EC 2 - Negative Economic Impacts 300,000 3,822,558 - (3,522,558) 600,000
Jacobs and Cushman San Diego Food
Bank 100,000 100,000 - - 200,000
Alpha Project - Take Back the Streets 100,000 100,000 - - 200,000
Homeless Supportive Services 100,000 100,000 - - 200,000
Eucalyptus Park - 3,522,558 - (3,522,558) -
EC 2 - Economic Development 2,900,000 - - (51,951)
2,848,049
Small Business Grants 2,600,000 - - - 2,600,000
Choose Chula 100,000 - - - 100,000
Curb/Sidewalk Café Grant 200,000 - - (51,951) 148,049
EC 3 - Premium Pay to Essential
Workers 916,000 1,541,000 1,096,000 (1,096,000)
2,457,000
EC 5 - Infrastructure 900,000 - - (900,000) -
City of Chula Vista - ARPA Spending Plan
FY 2022 FY 2023 FY 2024 FY 2024 Total Budget
with Proposed
Adjustments Category
Final
Budget
Final
Budget
Adopted
Budget
Proposed
Adjustments
EC 6 - Revenue Recovery 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
Governmental Funds 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
EC 7 - Administrative Expenses - - - - -
TOTAL $26,476,375 $31,058,875 $ - $ - $ 57,535,250
Breakdown of Proposed Reallocation of the Revenue Recovery Category
The replacement of lost revenues represents a unique opportunity to reallocate Revenue Recovery funds
towards projects classified as infrastructure projects, operational support, and economic development
activities in the original plan. This approach is consistent with the broad latitude provided to recipients to
use ARPA funds for government services to the extent of the reduction in revenue due to the pandemic.
Recipients are encouraged to report based on existing budget processes and to minimize administrative
burden. Utilizing the Revenue Recovery Category will allow greater flexibility, with more streamlined and
less cumbersome reporting requirements.
The table below reflects staff’s recommendation for allocation of the Revenue Recovery funds:
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Governmental Fund Revenue Recovery Recommendation
FY 2022 FY 2023 FY 2024 FY24 Total Budget
with
Proposed
Adjustments Category
Final
Budget
Final
Budget
Adopted
Budget
Proposed
Adjustments
Operational Support 4,042,750 9,267,692 (1,096,000)
(114,181) 12,100,261
Development Services Fund - 1,000,000 - - 1,000,000
COVID Premium pay 692,750 1,661,250 247,750 (247,750) 2,354,000
Funding new positions 350,000 350,000 298,814 - 998,814
PW Proj Mgmt-Non CIP Proj
(PWP0001) 1,000,000 500,000 - - 1,500,000
SD Foundation Fees - 180,000 - - 180,000
General Governmental Services 2,000,000 5,576,442 (1,642,564) 94,373 6,028,251
Governmental Fund Revenue Recovery Recommendation
FY 2022 FY 2023 FY 2024 FY24 Total Budget
with
Proposed
Adjustments Category
Final
Budget
Final
Budget
Adopted
Budget
Proposed
Adjustments
Infrastructure 6,500,000 4,400,000 - 25,657,558 36,557,558
*Broadband Design (GGV0263) - - - 900,000 900,000
Main Street Fiber (GGV0258) 300,000 - - - 300,000
Telegraph Canyon Culvert Repair
(DRN0208) 3,200,000 2,950,000 - - 6,150,000
Loma Verde Community Center
(GGV0247) 2,000,000 - - (1,765,000) 235,000
Casa Casillas (GGV0262) 1,000,000 1,450,000 - 2,450,000
**HVAC (Project GGV0261) - - - 10,000,000 10,000,000
***Eucalyptus Park Renovation
(PRK0340) - - - 3,522,558 3,522,558
> Palomar Motel (GGV0270) - - - 13,000,000 13,000,000
Economic Development 1,050,000 2,160,000 - (1,221,000) 1,989,000
Public Art Grants(Library) 400,000 - - - 400,000
Starlight Nights 200,000 - - - 200,000
Equity and Inclusion 100,000 100,000 - - 200,000
> ADA Compliance - - - 1,100,000 1,100,000
> Public Engagement Platform - - - 128,196 128,196
University Innovation
Center/Recruitment 350,000 2,060,000 - (2,410,000) -
TOTAL 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
*Broadband Design (Project GGV0263) reallocated from Infrastructure (EC 5) Category.
**HVAC (Project GGV0261) reallocated from Public Health (EC 1) Category.
***Eucalyptus Park Renovation (Project PRK0340) reallocated from Negative Economic Impacts (EC 2)
Category.
> Proposed New Projects: Palomar Motel, ADA Self-Evaluation and Transition Plan Update and Public
Engagement Platform.
The table below provides further detail to the adjustments proposed in the Revenue Recovery: General
Governmental Services expenditure category.
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Proposed Revenue Recovery (EC-6) Adjustments
Projects Being Closed or Reallocated Amount
Public Health: COVID-19 Testing/Vaccinations (851,868)
Public Health: HVAC (Project GGV0261) (7,900,000)
Loma Verde Community Center (Project GGV0247) (1,765,000)
Curb and Sidewalk Café Grants (51,951)
Premium Pay to Essential Workers (1,096,000)
COVID Premium Pay (247,750)
University Innovation Center and Recruitment (2,410,000)
Reallocations from Total $(14,322,569)
New Projects/Reallocation Amount
Palomar Motel (Project GGV0270) 13,000,000
ADA Self-Evaluation and Transition Plan Update 1,100,000
Public Engagement Platform 128,196
General Governmental Services 94,373
Reallocations to Total $ 14,322,569
Total Revenue Recovery Adjustments $ -
Conclusion
Staff’s proposed reallocation of ARPA funds are all allowable uses under the final rule issued by the Treasury.
The proposed reallocation was strategically created to reduce the effort to provide ongoing reporting of
expenditures to the Treasury; provides the City greater flexibility in how to allocate the Revenue Recovery
funds to projects and programs that are important to our community; and ensures funds are fully utilized by
the program deadline. This action proposes to transfer $13.0 million in previously appropriated ARPA funds
to the capital project expense category for the purchase of Palomar Motel and reallocate funds between ARPA
categories as indicated in the ARPA Funding Recommendation Table. Staff will continue to monitor ARPA
funding and present allocations of any remaining unobligated balance to Council in the fiscal year 2023-24
second quarter budget monitoring report for consideration. Any unobligated balance remaining after fiscal
year 2023-24 will be included in the fiscal year 2024-25 budget process.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City of Chula Vista 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.).
Page 385 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
P a g e | 20
Staff is not independently aware, and has not been informed by any Chula Vista City Council member, of any
other fact that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact, as the City of Chula Vista’s allocation of $57,535,250 from the U.S.
Department of Treasury, has been previously approved and appropriated. Approving the resolution will
amend the American Rescue Plan Spending Plan and reallocate funds within the American Rescue Plan Act
2021 Fund and amend CIP budget (GGV0261) and create CIP budget (GGV0270) as follows:
Fiscal Year 2024 Proposed Spending Plan Amendments
Expenditure Category (EC) & Project Name Amount
EC 1 - Public Health: COVID-19 Testing/Vaccinations (851,868)
EC 6 - Revenue Recovery: General Governmental Services 851,868
EC 2 - Negative Economic Impacts: Eucalyptus Park Renovation (Project
PRK0340) (3,522,558)
EC 6 - Revenue Recovery: Eucalyptus Park Renovation 3,522,558
EC 2 - Economic Development: Curb/Sidewalk Café Grants (51,951)
EC 6 - Revenue Recovery: General Governmental Services 51,951
EC 3 - Premium Pay to Essential Workers (1,096,000)
EC 6 - Revenue Recovery: General Governmental Services 1,096,000
EC 1 - Public Health: HVAC (Project GGV0261) (17,900,000)
EC 6 - Revenue Recovery: HVAC (Project GGV0261) 10,000,000
EC 6 - Revenue Recovery: General Governmental Services (5,100,000)
EC 6 - Revenue Recovery: Palomar Motel (Project GGV0270) 13,000,000
EC 1 - Public Health: HVAC (Project GGV0261) (9,000,000)
EC 6 - Revenue Recovery: HVAC (Project GGV0261) 9,000,000
EC 5 - Infrastructure: Broadband Design (Project GGV0263) (900,000)
EC 6 - Revenue Recovery: Broadband Design (Project GGV0263) 900,000
EC 6 - Revenue Recovery: University Innovation Center and Recruitment (2,410,000)
EC 6 - Revenue Recovery: General Governmental Services 2,410,000
Net Fiscal Impact $ -
Page 386 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
P a g e | 21
ONGOING FISCAL IMPACT
Upon completion of the American Rescue Plan Act, the City will incur personnel costs for the new positions
added to the General Fund to permanently support operations and the delivery of projects . Annual funding
related to the new positions will be considered as part of the annual budget development process.
ATTACHMENTS
None
Staff Contact: Sarah Schoen, Director of Finance/Treasurer
Laura Johnson, Senior Management Analyst, Finance Department
Page 387 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FISCAL YEAR 2023-24
BUDGET, AMENDING THE FISCAL YEAR 2023-24 CIP
PROGRAM BUDGET BY ESTABLISHING A NEW CIP
PROJECT, GGV0270 “PALOMAR MOTEL”; AND AMENDING
THE AMERICAN RESCUE PLAN ACT SPENDING PLAN;
AND APPROPRIATING $13 MILLION FOR ACQUISITION
AND RENOVATION OF PALOMAR MOTEL (GGV0270) (4/5
VOTE REQUIRED)
WHEREAS, on May 10, 2021, the U.S. Department of the Treasury announced the launch
of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue
Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial,
and Tribal governments; and
WHEREAS, the Treasury also adopted and released the final rule as guidance on how these
funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these
governments, and support the communities and populations hardest-hit by the COVID-19 crisis;
and
WHERAS, ARPA includes State and Local Fiscal Recovery Funds (SLFRF) to support
urgent COVID response efforts to decrease the spread of the virus, replace lost public sector
revenue to strengthen support for vital public services, support immediate economic stabilization
for households and businesses, and address systemic public health and economic challenges that
have contributed to inequal impacts of the pandemic on certain populations; and
WHEREAS, the Coronavirus State and Local Fiscal Recovery Funds provide substantial
flexibility for each jurisdiction to meet local needs—including support for households, small
businesses, impacted industries, essential workers, housing, and the communities hardest-hit by
the crisis; and
WHEREAS, these funds also deliver resources that recipients can invest in building,
maintaining, or upgrading their water, sewer, and broadband infrastructure; and
WHEREAS, the City of Chula Vista received $57,535,250 in two tranches with
$28,767,625 provided in May 2021 and the remaining $28,767,625 received twelve months later;
and
WHEREAS, these funds must be obligated (when referencing a recipient’s or
subrecipient’s use of funds under a Federal award, “obligated” means orders placed for property
and services, contracts and subawards made, and similar transactions that require payment) by
December 31, 2024 and expended by December 31, 2026; and
Page 388 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
WHEREAS, ARPA fund recipients calculate and report revenue loss annually according
to the formula outlined in the final rule guidance, supporting those entities that experience a lagged
impact of the crisis on revenues; and
WHEREAS, staff recommends that the City acquire and renovate the Palomar Motel to
create permanent supportive housing as a significant step forward in the City’s effort to address
homelessness and provide another long-term solution to the City’s homelessness transition efforts;
and
WHEREAS, staff has calculated and submitted to Treasury updated revenue loss amounts
annually using audited financial data and reported the following revenue loss: Calendar Year 2020
$31.9 million; Calendar Year 2021 $30.2 million; and, most recently for Calendar Year 2022 $57.7
million; and
WHEREAS, once a shortfall in revenue is identified, recipients have broad latitude to use
this funding to support government services, up to this amount of lost revenue; and
WHEREAS, as of the April 2023 reporting period, the City’s revenue loss amount has
surpassed the total awarded amount and therefore the City is allowed to use the entirety of ARPA
funds awarded under the revenue category eligible use category; and
WHEREAS, City staff recommends that the Fiscal Year 2023-24 Operating and CIP
Program Budget and the American Rescue Plan Act Spending Plan be amended as follows:
Reallocate $851,868 to ARPA General Governmental Services under Revenue
Recovery (EC-6) and close out the COVID Testing and Vaccination projects under
Public Health (EC-1)
Reallocate $3.5 million to the CIP budget of Eucalyptus Park project PRK0340
from the Negative Economic Impacts Category (EC-2) to the Revenue Recovery
Category (EC-6)
Reallocate $51,951 of previously appropriated ARPA funds for curb and sidewalk
cafes to the ARPA General Governmental Services under Revenue Recovery (EC-
6) and close out the project under Economic Development (EC-2)
Reallocate $1,096,000 previously appropriated ARPA funds to the ARPA General
Governmental Services under Revenue Recovery (EC-6) and close out the
Premium Pay to Essential Workers category (EC-3)
Reallocate $7.9 million and reducing CIP budget of HVAC CIP project GGV0261
under Public Health (EC-1) to the Palomar Motel project (GGV0270) in Revenue
Recovery Category (EC-6)
Reallocate $5.1 million in Revenue Category (EC-6) to Palomar Motel project
(GGV0270) in the Revenue Recovery Category (EC-6)
Reallocate $10.0 million CIP budget of HVAC CIP project GGV0261 from the
Public Health Category (EC-1) to the Revenue Category (EC-6)
Amend the CIP budget and appropriate to newly created CIP project GGV0270
Palomar Motel Project in Revenue Category (EC-6)
Page 389 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Resolution No.
Page 3
Reallocate $1.1 million of ARPA funds previously appropriated for ADA Self-
Evaluation and Transition Plan Update, within the Revenue Category (EC-6)
Reallocate $128,196 of ARPA funds previously appropriated for the Public
Engagement Platform, within the Revenue Category (EC-6)
Reallocate the remaining balance from the Loma Verde Community Center Project
(GGV0261) and amend and reduce the CIP budget by $1,765,000.
Reallocate the remaining balance of $247,750 from the COVID premium pay
project to newly proposed projects.
Reallocate the remaining balance for the University Innovation Center and
Recruitment Project to newly proposed projects.
Proposed Reallocations within the Revenue Recovery Category (EC-6)
Projects Being Closed Amount
Public Health: COVID-19 Testing/Vaccinations $ (851,868)
Public Health: HVAC (Project GGV0261) $ (7,900,000)
Loma Verde Community Center (Project GGV0247) $ (1,765,000)
Curb and Sidewalk Café Grants $ (51,951)
Premium Pay to Essential Workers $ (1,096,000)
COVID Premium Pay $ (247,750)
University Innovation Center and Recruitment $ (2,410,000)
Reallocations from Total $(14,322,569)
New Projects Amount
Palomar Motel (Project GGV0270) $ 13,000,000
ADA Self-Evaluation and Transition Plan Update $ 1,100,000
Public Engagement Platform $ 128,196
General Governmental Services $ 94,373
Reallocations to Total $ 14,322,569
Total Revenue Recovery Proposed Adjustments $ -
WHEREAS, the recommended Fiscal Year 2023-24 Operating and CIP Program budget
amendments are all eligible items as part of the American Rescue Plan Act of 2021 (ARPA).
WHEREAS, approval of this Resolution will create a new CIP project, GGV0270,
“Palomar Motel”, and will transfer $13,000,000 in previously appropriated ARPA funds to the
capital project expense category.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it hereby amends the Fiscal Year 2023-24 Operating and CIP Program Budget and amends
the American Rescue Plan Act Spending Plan and authorizes the following amendments:
Page 390 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Fiscal Year 2023-24 Proposed Spending Plan Amendments
Expenditure Category (EC) & Project Name Amount
EC 1 - Public Health: HVAC (Project GGV0261) $ (7,900,000)
EC 6 - Revenue Recovery: General Governmental Services $ (5,100,000)
EC 6 - Revenue Recovery: Palomar Motel (GGV0270) $ 13,000,000
BE IT FURTHER RESOLVED that the City Council authorizes the close out of ARPA
projects that have been completed and reallocate budget balances; as well as projects that have not
started, to the Revenue Recovery: General Governmental Services expenditure category, and it
hereby amends the American Rescue Plan Act Spending Plan as follows:
City of Chula Vista - ARPA Spending Plan
FY 2022 FY 2023 FY 2024 FY 2024 Total Budget
with Proposed
Adjustments Category Final Budget Final Budget
Adopted
Budget
Proposed
Adjustments
EC 1 - Public Health 9,867,625 9,867,625 - (18,751,868) 983,382
HVAC (Project GGV0261) 9,000,000 8,900,000 (17,900,000) -
COVID Testing/Vaccinations 667,625 367,625 - (851,868) 183,382
EC 1 - Public Health 9,867,625 9,867,625 - (18,751,868) 983,382
SBCS Domestic Violence 200,000 200,000 - - 400,000
Casa Nueva Vida DV Shelter - 400,000 - - 400,000
EC 2 - Negative Economic Impacts 300,000 3,822,558 - (3,522,558)
600,000
Jacobs and Cushman San Diego Food Bank 100,000 100,000 - - 200,000
Alpha Project - Take Back the Streets 100,000 100,000 - - 200,000
Homeless Supportive Services 100,000 100,000 - - 200,000
Eucalyptus Park - 3,522,558 - (3,522,558) -
EC 2 - Economic Development 2,900,000 - - (51,951) 2,848,049
Small Business Grants 2,600,000 - - - 2,600,000
Choose Chula 100,000 - - - 100,000
Curb/Sidewalk Café Grant 200,000 - - (51,951) 148,049
EC 3 - Premium Pay to Essential
Workers 916,000 1,541,000 1,096,000 (1,096,000) 2,457,000
EC 5 - Infrastructure 900,000 - - (900,000) -
EC 6 - Revenue Recovery 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
Governmental Funds 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
EC 7 - Administrative Expenses - - - - -
TOTAL $ 26,476,375 $ 31,058,875 $ - $ - $ 57,535,250
Page 391 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Resolution No.
Page 5
Revenue Recovery Detail
Governmental Fund Revenue Recovery Recommendation
FY 2022 FY 2023 FY 2024 FY24 Total Budget
with Proposed
Adjustments Category Final Budget Final Budget Adopted Budget
Proposed
Adjustments
Operational Support 4,042,750 9,267,692 (1,096,000) (114,181) 12,100,261
Development Services Fund - 1,000,000 - - 1,000,000
COVID Premium pay 692,750 1,661,250 247,750 (247,750) 2,354,000
Funding new positions 350,000 350,000 298,814 - 998,814
PW Proj Mgmt-Non CIP Proj
(PWP0001) 1,000,000 500,000 - - 1,500,000
SD Foundation Fees - 180,000 - - 180,000
General Governmental
Services 2,000,000 5,576,442 (1,642,564) 94,373 6,028,251
Infrastructure 6,500,000 4,400,000 - 25,657,558 36,557,558
*Broadband Design
(GGV0263) - - - 900,000 900,000
Main Street Fiber (GGV0258) 300,000 - - - 300,000
Telegraph Canyon Culvert
Repair (DRN0208) 3,200,000 2,950,000 - - 6,150,000
Loma Verde Community
Center (GGV0247) 2,000,000 - - (1,765,000) 235,000
Casa Casillas (GGV0262) 1,000,000 1,450,000 - 2,450,000
**HVAC (Project GGV0261) - - - 10,000,000 10,000,000
***Eucalyptus Park
Renovation (PRK0340) - - - 3,522,558 3,522,558
> Palomar Motel (GGV0270) - - - 13,000,000 13,000,000
Economic Development 1,050,000 2,160,000 - (1,221,000) 1,989,000
Public Art Grants (Library) 400,000 - - - 400,000
Starlight Nights 200,000 - - - 200,000
Equity and Inclusion 100,000 100,000 - - 200,000
Governmental Fund Revenue Recovery Recommendation
FY 2022 FY 2023 FY 2024 FY24 Total Budget
with Proposed
Adjustments Category Final Budget Final Budget Adopted Budget
Proposed
Adjustments
> ADA Compliance - - - 1,100,000 1,100,000
> Public Engagement
Platform - - - 128,196 128,196
University Innovation
Center/Recruitment 350,000 2,060,000 - (2,410,000) -
TOTAL 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
Page 392 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
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 393 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
American Rescue Plan Act (ARPA)
Spending Plan Amendment
Page 394 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
American Rescue Plan Act (ARPA)
On May 10, 2021, the U.S. Department of Treasury (Treasury) announced the State and Local Fiscal Recovery Funds
(SLFRF), established by the American Rescue Plan Act of 2021 (ARPA).
The City of Chula Vista received a total of $57.5 million.
•Eligible Uses:
o Responding to the public health and negative economic impacts of the pandemic (which includes several sub -categories)
o Providing premium pay to essential workers through April 10, 2023
o Providing government services to the extent of revenue loss due to the pandemic, and
o Making necessary investments in water, sewer, and broadband infrastructure
•Ineligible Uses:
o Directly or indirectly offset reduction in net tax revenues
o Contribute to rainy day fund, financial reserves of similar funds
o Deposits into any pension fund, and
o Payment of interest or principal on outstanding debt instruments incurred prior to March 3, 2021
Page 395 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Updates to
Eligible Uses
•July 2022 expanded the
eligibility of ARPA funding for
affordable housing production
and preservation
•June 2023 recipients informed
that premium pay to eligible
workers is no longer allowed
after April 10, 2023, due to the
end of the National Emergency.
Page 396 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Proposed
New
Projects
Palomar Motel ($13.0M)
ADA Self-Evaluation and
Transition Plan Update ($1.1M)
Public Engagement Platform
($0.13M)
Page 397 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
ARPA Projects
Public Health ($.98 Million)
•SBCS Domestic Violence
•Casa Nueva Vida DV
Shelter
Negative Economic
Impacts/Economic
Development ($3.4 Million)
•Jacobs and Cushman San
Diego Food Bank
•Alpha Project-Take Back
the Streets
•Homeless Supportive
Services
Revenue Recovery
($50.6 Million)
•Palomar Motel
•HVAC (Police Building)
•Telegraph Canyon
•Eucalyptus Park
•ADA Transition Plan
•Public Engagement
Platform
Page 398 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Required
Reporting
•Revenue Loss Calculation submitted
with the April 30th P&E report
Revenue Loss
Calculation –
•Report is due annually on July 31stRecovery Plan
Performance Report
•Reports are due every -January 31,
April 30, July 31 and October 31
Project and
Expenditure (P&E)
Reports
•Streamlined reporting requirementsReallocation to
Revenue Recovery
Page 399 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Proposed
Amendments
Projects Being Closed or Reallocated Amount
Public Health: COVID-19 Testing/Vaccinations (851,868)$
Public Health: HVAC (Project GGV0261)(7,900,000)$
Loma Verde Community Center (Project GGV0247)(1,765,000)$
Curb and Sidewalk Café Grants (51,951)$
Premium Pay to Essential Workers (1,096,000)$
COVID Premium Pay (247,750)$
University Innovation Center and Recruitment (2,410,000)$
Reallocations to General Governmental Services Total (14,322,569)$
New Projects/Reallocation Amount
Palomar Motel 13,000,000$
ADA Transition Plan Update 1,100,000$
Public Engagement Platform 128,196$
General Governmental Services 94,373$
Funded from General Governmental Services Total 14,322,569$
Total General Governmental Services Proposed Adjustments -$
Proposed General Governmental Services Adjustments
Page 400 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Next Steps
Continued
Monitoring
Fiscal Year
2025 Budget
Process
Obligate funds
by December
31, 2024
Spend Funds
by December
31,2026
Page 401 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Questions?
Page 402 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
FY 2022 FY 2023 FY 2024 FY 2024
Category Final Budget Final Budget Adopted Budget
Proposed
Adjustments
EC 1 - Public Health 9,867,625$ 9,867,625$ -$ (18,751,868)$ 983,382$
HVAC (Project GGV0261)9,000,000 8,900,000 (17,900,000) -
COVID Testing/Vaccinations 667,625 367,625 - (851,868) 183,382
SBCS Domestic Violence 200,000 200,000 - - 400,000
Casa Nueva Vida DV Shelter - 400,000 - - 400,000
EC 2 - Negative Economic Impacts 300,000$ 3,822,558$ -$ (3,522,558)$ 600,000$
Jacobs and Cushman San Diego Food Bank 100,000 100,000 - - 200,000
Alpha Project - Take Back the Streets 100,000 100,000 - - 200,000
Homeless Supportive Services 100,000 100,000 - - 200,000
Eucalyptus Park - 3,522,558 - (3,522,558) -
EC 2 - Economic Development 2,900,000$ -$ -$ (51,951)$ 2,848,049$
Small Business Grants 2,600,000 - - - 2,600,000
Choose Chula 100,000 - - - 100,000
Curb/Sidewalk Café Grant 200,000 - - (51,951) 148,049
EC 3 - Premium Pay to Essential Workers 916,000$ 1,541,000$ 1,096,000$ (1,096,000)$ 2,457,000$
EC 5 - Infrastructure 900,000$ -$ -$ (900,000)$ -$
EC 6 - Revenue Recovery 11,592,750$ 15,827,692$ (1,096,000)$ 24,322,377$ 50,646,819$
Governmental Funds 11,592,750 15,827,692 (1,096,000) 24,322,377 50,646,819
EC 7 - Administrative Expenses -$ -$ -$ -$ -$
TOTAL 26,476,375$ 31,058,875$ -$ -$ 57,535,250$
City of Chula Vista - ARPA Spending Plan
Total Budget with
Proposed
Adjustments
Page 403 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
FY 2022 FY 2023 FY 2024 FY24
Category Final Budget Final Budget Adopted Budget
Proposed
Adjustments
Operational Support 4,042,750 9,267,692 (1,096,000) (153,377) 12,061,065
Development Services Fund - 1,000,000 - - 1,000,000
COVID Premium pay 692,750 1,661,250 247,750 (247,750) 2,354,000
Funding new positions 350,000 350,000 298,814 - 998,814
PW Proj Mgmt-Non CIP Proj (PWP0001)1,000,000 500,000 - - 1,500,000
SD Foundation Fees - 180,000 - - 180,000
General Governmental Services 2,000,000 5,576,442 (1,642,564) 94,373 6,028,251
Infrastructure 6,500,000 4,400,000 - 25,657,558 36,557,558
*Broadband Design (GGV0263)- - - 900,000 900,000
Main Street Fiber (GGV0258)300,000 - - - 300,000
Telegraph Canyon Culvert Repair (DRN0208)3,200,000 2,950,000 - - 6,150,000
Loma Verde Community Center (GGV0247)2,000,000 - - (1,765,000) 235,000
Casa Casillas (GGV0262)1,000,000 1,450,000 - 2,450,000
**HVAC (Project GGV0261) - - - 10,000,000 10,000,000
***Eucalyptus Park Renovation (PRK0340)- - - 3,522,558 3,522,558
> Palomar Motel (GGV0270)- - - 13,000,000 13,000,000
Economic Development 1,050,000 2,160,000 - (1,181,804) 2,028,196
Public Art Grants(Library)400,000 - - - 400,000
Starlight Nights 200,000 - - - 200,000
Equity and Inclusion 100,000 100,000 - - 200,000
> ADA Transition Plan Update - - - 1,100,000 1,100,000
> Public Engagement Platform - - - 128,196 128,196
University Innovation Center/Recruitment 350,000 2,060,000 - (2,410,000) -
TOTAL 11,592,750$ 15,827,692$ (1,096,000)$ 24,322,377$ 50,646,819$
Governmental Fund Revenue Replacement Recommendation
**HVAC (Project GGV0261) reallocated from Public Health (EC 1) Category
***Eucalyptus Park Renovation (Project PRK0340) reallocated from Negative Economic Impacts (EC 2) Category
*Broadband Design (Project GGV0263) reallocated from Infrastructure (EC 5) Category
> Proposed New Projects: Palomar Motel, ADA Transition Plan Update and Public Engagement
Total Budget with
Proposed
Adjustments
Page 404 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Fire Station 1 Renovations Project
Page 405 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Renovation and Modernization of Fire Station 1
Project Purpose:
Enlarge Apparatus Bays
Interior Renovations
Building System Upgrades (mechanical, electrical, plumbing)
New Roof
Station to be occupied and operational during construction.
There will be no impact to emergency services operations.
Project Budget: $7MM
Contractor: EC Constructors (“ECC”)
Architect: COAR Design Group
Page 406 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Level 1 –East Side
Conference
Day Room
Bunkrooms
Bathrooms
Project Scope: Phase 1, Level 1
Page 407 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Level 2
Offices
Bunkrooms
Storage
Bathroom
Lift
Project Scope: Phase 1, Level 2
Page 408 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Level 1 –West Side
Offices
Turnouts
Decon
Fitness
Shop
Bunkrooms
Bathrooms
Project Scope: Phase 2, Level 1
Page 409 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Level 2
Mezzanine
Project Scope: Phase 2, Level 2
Page 410 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Schedule
11 month duration
Projected Schedule
11-Month Duration
CURRENT
finalizing permit;
working through packing/moving,
communication plans
August 2023 Installation of Site Fencing; Mobilization Parking impacts begin
September 2023 Demolition Some noise during business hours
September/October 2023 Framing Some noise during business hours
January/February 2024 Phase 1 shift to Phase 2
January/February 2024 Demolition and Framing Some noise during business hours
February/March 2024 Roofing Noise during business hours
Summer 2024 Project Completion/Closeout
Page 411 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Site Logistics
Page 412 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Site Logistics
Page 413 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Project Communications
Project Information/Updates
City Staff Posted Site Signage
Manager Meeting Updates
Fire Department
Posted Project Signage
Information Meeting/s
Regular Email Updates
Emergencies As Needed Email Alerts
Citywide Communications Department
Questions/Complaints
Contact Information for Questions and Complaints to be listed on Project Signage and in all Project Communications.
City Staff may contact Development Project Manager Kara Peterson.
Page 414 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Fire Station 1 Renovations Project
Page 415 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Page 416 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
CHULA VISTA ELEMENTARY SCHOOL DISTRICT
84 EAST J STREET• CHULA VISTA, CALIFORNIA 91910 • 619 425-9600
July 18, 2023
Maria V. Kachadoorian
City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Maria,
EACH CHILD IS AN INDIVIDUAL OF GREAT WORTH
Thank you for your letter regarding a potential joint use agreement between the City of Chula Vista (City)
and Chula Vista Elementary School District (District) to use Harborside Elementary School (Harborside) as
a joint use location. As you know, the District and the City have had a long-standing partnership supporting
District students and the community in a collaborative manner and we deeply appreciate the City's support.
We have reviewed your request and, after closely considering it, regret to inform you that we are not able
to enter a joint use agreement related to Harborside at this time. As you may know, we have implemented
a variety of programs to support our students and families following COVID. For example, we have
implemented the Expanded Learning Opportunities Program (ELOP) at all of our sites. The ELOP program
is a state-funded before and after school program that has expanded the use of our school sites, including
Harborside, to provide targeted programs for students. The ELOP program has heavily impacted the use
of all our school sites for before and after school programs.
In addition to the ELOP program, the District executed a facilities use agreement with Chula Vista National
Little League. Through that agreement, the Chula Vista National Little League and their athletes and
families access Harborside for baseball games, practices, and related activities during non-school hours.
You may also be interested in knowing that the District is in the process of closely reviewing and revising
all of our safety protocols. Along with this review, we are analyzing programs at all of our school facilities
to ensure the safety of our students, staff, parents, and the community. It is unclear whether we could meet
our safety protocols with additional programs at Harborside at this time.
In closing, we appreciate the City's support and regret that we are not able to accommodate the City at this
time. We look forward to continuing our close partnership and working with the City in future endeavors.
Please call me if you have any questions.
Thank you.
Eduard�
Superintend
ER:ag
BOARD OF EDUCATION
KATE BISHOP ♦ DELIA DOMINGUEZ CERVANTES • CESAR T. FERNANDEZ • FRANCISCO TAMAYO • LUCY UGARTE
SUPERINTENDENT
EDUARDO REYES, Eo.D.
The Chula Vista Elementary School District's programs, activities, and practices shall be free from discr imination based on race, color, ancestry, nationality, national origin,
immigration status, ethnic group identification, ethnicity, age, religion , marital status, pregnancy or parental status, physical or mental disability, sex , sexual orientation, gender,
gender identity or expression, or genetic information; the perception of one or more of such characteristics, or association with a person or group with one or more of these
actual or perceived characteristics. (CVESD Board Policy 0410.)
Page 417 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
v . 0 03 P a g e | 1
July 25, 2023
ITEM TITLE
Boards and Commissions: Consideration of Annual Reappointments
A. REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years)
Jose Torres, Board of Ethics
Alexia Velissaropoulos, Board of Ethics
William Sallee, Citizens’ Oversight Commission – Measure A
Lourdes Nunez-Silva, Civil Service Commission
Ken Muraoka, Cultural Arts Commission
Christian Gomez, Human Relations Commission
Rodney Caudillo, Traffic Safety Commission
B. REAPPOINTMENTS TO SECOND TERMS
Bryan Ehm, Board of Appeals & Advisors
Isidro Barragan, Board of Ethics
Elizabeth Murphy, Health Wellness and Aging Commission
Brenda Aguirre, Mobilehome Rent Review Commission
Brianna Conser, Parks and Recreation Commission
Ashleigh Padilla, Parks and Recreation Commission
Michael De La Rosa, Planning Commission
Jerome Torres, Planning Commission
Adriana Guevara Gluyas, Sustainability Commission
Report Number: 23-0141
Location: No specific geographic location
Department: City Clerk
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(C)(3) no
environmental review is required.
Recommended Action
Page 418 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
P a g e | 2
City Council make the reappointments as appropriate.
SUMMARY
The City Clerk has scheduled reappointments for members of the City Boards and Commissions who are
interested and eligible to serve an additional term, unless otherwise requested by the nominating authority
for the seat, in accordance with Chula Vista Municipal Code (CVMC) Section 2.25.055. Regardless of the
applicable reappointment process, each member of a Board or Commission shall be reappointed by at least
three affirmative votes of the City Council.
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 this activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City Clerk has scheduled reappointments for members of the City Boards and Commissions for City
Council consideration. Reappointments are scheduled for members who are interested and eligible to serve
an additional term, unless otherwise requested by the nominating authority for the seat, per CVMC 2.25.055.
The reappointments listed below are separated into the following groups:
A. Board and commission seats that are interviewed and selected by the full City Council; and
B. All other reappointments that are not interviewed and selected by the full City Council.
Regardless of the applicable reappointment process, each member of a Board or Commission shall be
reappointed by at least three affirmative votes of the City Council. When an incumbent is not reappointed,
the seat is filled using the applicable appointment process.
The rosters of all boards and commissions are provided as Attachment 1.
A. Reappointments for Seats Interviewed by the Full City Council
The following chart shows eligible reappointments for members in seats that are interviewed and appointed
by the full City Council. These members’ original applications and attendance and training records are
included as Attachment 2.
The City Council may make the reappointments at this time, or, if a majority of the Council so desires, it may
elect to interview one or more of the eligible members before voting on reappointment in accordance with
CVMC 2.25.055.
Page 419 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
P a g e | 3
Name Board/Commission
Reappointments to Second Term
Michael De La Rosa Planning Commission (Qualified Professional – Design)
Jerome Torres Planning Commission (At-Large)
B. All Other Reappointments
The following chart shows all other eligible reappointments for board and commission members who are
not interviewed and appointed by the full City Council. The attendance and training records for these
members are included as Attachment 4.
REAPPOINTMENTS TO FIRST TERM (INITIAL TERM LESS THAN TWO YEARS)
Name Board/Commission
Jose Torres Board of Ethics (Nominated by panel of Charter Review Commission
and Board of Ethics members)
Alexia Velissaropoulos Board of Ethics (Nominated by panel of Charter Review Commission
and Board of Ethics members )
William Salle Citizens’ Oversight Committee – Measure A (Police Chief
Representative)
Lourdes Nunez-Silva Civil Service Commission (Classified Employees Representative)
Ken Muroaka Cultural Arts Commission
Christian Gomez Human Relations Commission (Youth Advisory Member)
Rodney Caudillo Traffic Safety Commission
REAPPOINTMENTS TO SECOND TERM
Name Board/Commission
Bryan Ehm Board of Appeals & Advisors
Isidro Barragan Board of Ethics (Nominated by panel of Charter Review Commission
and Board of Ethics members)
Elizabeth Murphy Health Wellness and Aging Commission
Brenda Aguirre Mobilehome Rent Review Commission
Ashleigh Padilla Parks and Recreation Commission (Nominated by District 3)
Brianna Conser Parks and Recreation Commission
Adriana Guevara Gluyas Sustainability Commission
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 420 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
P a g e | 4
CURRENT-YEAR FISCAL IMPACT
This item will have no impact on the general fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact.
ATTACHMENTS
1. Board and Commission Rosters
2. Training and Attendance Records
Staff Contacts:
Karina Lafarga, Deputy City Clerk
Cristina Hernandez, CMC, Deputy Director, City Clerk Services
Kerry K. Bigelow, MMC, City Clerk
Page 421 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
2020 Redistricting Commission Roster
Filing Categories: N/A Positions: 7 Vacant: 7
Secretary: N/A Chair: Vacant ** Position Vice Chair: Vacant ** Position
Last Name First Name Address
District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0
Printed: 07/20/2023 Page 422 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Bayfront Cultural and Design Committee Roster
Filing Categories: N/A Positions: 3 Vacant: 1
Secretary: N/A Chair: N/A Vice Chair: N/A
Last Name First Name Address
Burroughs Krista District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 1 10/24/2018 06/30/2050 Planning Commission Rep.Replaced Anaya
Torres Jerome District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 05/08/2019 06/30/2050 Planning Commission Rep Replaced Calvo
VACANT - Matthias Tina District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 3 10/09/2017 12/31/2050 Sustainability Commission Representative Appointed by SSC - Resigned 8/8/22
Printed: 07/20/2023 Page 423 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Board of Appeals & Advisors Roster
Filing Categories: 2,5 Positions: 5 Vacant: 2
Secretary: Mariluz Zepeda Chair: Jim Combs Vice Chair: Anthony Sclafani
Last Name First Name Address
Ehm Bryan District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 11/05/2019 11/12/2019 06/30/2023 At-Large Replaced Smith
Iuli David District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 2 08/09/2022 06/30/2026
1 2 06/04/2019 06/11/2019 06/30/2022 At-Large Replaced Sanfilippo
Sclafani Anthony District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 3 08/09/2022 06/30/2026
1 3 09/25/2018 10/02/2018 06/30/2022 At-Large Replaced Hall
VACANT - Combs Jim District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 07/28/2020 06/30/2024
0 4 09/11/2018 09/18/2018 06/30/2020 At-Large Replaced Sides
VACANT - Doria Jose District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 5 06/20/2017 06/30/2021
1 5 05/26/2015 06/02/2015 06/30/2017 At-Large Replaced Starkey
Printed: 07/20/2023 Page 424 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Board of Ethics Roster
Filing Categories: 1,2 Positions: 7 Vacant: 2
Secretary: Doris Cornejo Chair: Edgar Guerrero Vice Chair: Vacant ** Position
Last Name First Name Address
Barragan Isidro District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 10/01/2019 10/15/2019 06/30/2023 At-Large Replaced Voorhees
VACANT - Davenport Scott District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 2 09/27/2022 10/06/2022 06/30/2026 At-Large Replaced Salzmann
Gersten William District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 09/27/2022 10/04/2022 06/30/2025 At-Large Replaced Wellings
Guerrero Edgar District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 02/21/2017 02/28/2017 06/30/2020 At-Large Replaced Shilling
VACANT - Torres Carmen District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 10/01/2019 10/15/2019 06/30/2022 At-Large Replaced Kish
Torres Jose District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 09/27/2022 10/04/2022 06/30/2023 At-large Replaced Teel
Velissaropoulos Alexia District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 7 09/27/2022 10/04/2022 06/30/2023 At-large Replaced Chinn
Printed: 07/20/2023 Page 425 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Board of Library Trustees Roster
Filing Categories: N/A Positions: 6 Vacant: 2
Secretary: Erwin Magbanua Chair: Michael Bruder Vice Chair: Roselle Ellison
Last Name First Name Address
VACANT - Bruder Michael District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 02/02/2021 02/16/2021 06/30/2023 At-Large Replaced Tomlinson
Clark James District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 2 03/07/2023 06/30/2025 At-Large Replaced Swanson
Ellison Roselle District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 3 08/09/2022 06/30/2026
1 3 07/24/2018 08/07/2018 06/30/2022 At-Large Replaced Mellor
Holleron Carrie District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 5 04/18/2023 04/25/2023 06/30/2026 At-Large Replaced Riubel J
Larson Toby District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 04/18/2023 06/30/2026 At-Large Replaced Moreno C
VACANT - District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
06/30/2023
Printed: 07/20/2023
Youth Advisory
Page 426 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Charter Review Commission Roster
Filing Categories: 1,2,7 Positions: 7 Vacant: 0
Secretary: Doris Cornejo Chair: James Scofield Vice Chair: Jan Buddingh
Last Name First Name Address
Buddingh Jan District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 1 08/10/2021 06/30/2025
1 1 07/24/2018 08/07/2018 06/30/2021 At-Large Replaced Bellamy
Disharoon Larry District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 5 07/28/2020 08/04/2020 06/30/2024 At-Large Replaced Ross
Glanz Todd District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 6 07/28/2020 06/30/2024 At-Large Replaced Felber
Hopida Edgar District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 3 08/10/2021 06/30/2025
1 3 08/15/2017 09/12/2017 06/30/2021 At-Large Replaced Spethman
Inzunza Michael District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 08/10/2021 06/30/2025
0 4 10/20/2020 11/03/2020 06/30/2021 At-Large Replaced O'Donnell
Lopez Victor District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 7 04/18/2023 04/25/2023 06/30/2026 At-Large Replaced McDonald-Hernandez R
Scofield James District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 2 08/09/2022 06/30/2026
1 2 12/10/2019 01/07/2020 06/30/2022 At-Large Replaced De La Rosa
Printed: 07/20/2023 Page 427 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Civil Service Commission Roster
Filing Categories: 3 Positions: 5 Vacant: 0
Secretary: Felipe Ladron de Guevara Chair: Vacant ** Position Vice Chair: Cory Fish
Last Name First Name Address
Carbuccia Jennifer District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 1 08/10/2021 06/30/2025
1 1 06/28/2017 06/30/2021
0 1 02/04/2016 02/16/2016 06/30/2017 Appointed by City Council Replaced Villegas-Zuniga
Fish Cory District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 2 07/28/2020 06/30/2024
1 2 08/22/2017 09/12/2017 06/30/2020 Council appt from nomination by Commission Replaced Reeve
Nunez-Silva Lourdes District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 5 04/18/2023 04/25/2023 06/30/2023 Council Appointment from nomination by Classified
Employees
Replaced Salas S
Sepulveda Angelica District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 3 09/15/2020 09/22/2020 06/30/2024 Appointed by City Council (Mayor)Replaced Gonzalez
Strong Andrew District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 04/18/2023 04/25/2023 06/30/2025 Council Appointment from nomination by Classified
Employees
Replaced Gersten W
Printed: 07/20/2023 Page 428 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Cultural Arts Commission Roster
Filing Categories: N/A Positions: 10 Vacant: 2
Secretary: Erwin Magbanua Chair: Sophia Gray Vice Chair: N/A
Last Name First Name Address
Bishop Kate District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 08/09/2022 06/30/2026
0 1 07/28/2020 08/04/2020 06/30/2022 Arts Professional Replaced Penunuri
Gray Sophia District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 2 08/09/2022 06/30/2026
1 2 06/12/2018 06/30/2022
0 2 03/04/2017 03/07/2017 06/30/2018 Arts Professional Replaced Zhivago
Kohse Lee District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 3 08/09/2022 06/30/2026
1 3 11/05/2019 11/12/2019 06/30/2022 Arts Professional Replaced Daniels
Maynard Lorise District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 06/22/2017 07/11/2017 06/30/2020 Arts Professional Replaced Prater
Muraoka Ken District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 02/21/2023 03/07/2023 06/30/2023 At-Large Replaced Rodriguez T
VACANT - Redondo Jeff District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/28/2020 06/30/2024
0 0 09/10/2019 09/24/2019 06/30/2020 At-Large Replaced Cazares
Ward Taylor District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 02/05/2019 02/26/2019 06/30/2022 Arts Professional Replaced Sywyj
Zamora-Aguilar Beatrice District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 04/26/2022 05/03/2022 06/30/2025 Arts Professional Replaced Rodriguez
Zavala Daniel District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/09/2022 06/30/2026
Printed: 07/20/2023 Page 429 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Cultural Arts Commission Roster
Filing Categories: N/A Positions: 10 Vacant: 2
Secretary: Erwin Magbanua Chair: Sophia Gray Vice Chair: N/A
Last Name First Name Address
0 0 04/26/2022 05/03/2022 06/30/2022 At-Large Replaced Roberts
VACANT - District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
06/30/2023 Youth Advisory
Printed: 07/20/2023 Page 430 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Health Wellness and Aging Commission Roster
Filing Categories: N/A Positions: 10 Vacant: 3
Secretary: Stacey Kurz Chair: Barbara Orozco-Valdivia Vice Chair: Freda Hernandez-Nader
Last Name First Name Address
Edwan Marisol District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 02/21/2023 03/07/2023 06/30/2025 Expert Representative Replaced De Murguia
Hernandez-Nader Freda District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/28/2020 08/04/2020 06/30/2024 District 4 Representative Replaced Velo
Johnson Mary District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 02/21/2023 03/14/2023 06/30/2024 Expert Representative Replaced Rodriguez A
Martinez Lucia District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 06/14/2016 06/30/2020
0 0 04/12/2016 04/14/2016 06/30/2016 District 2 Representative Original Member
Montano Monica District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/01/2022 03/15/2022 06/30/2025 Expert Representative Replaced De Murguia
Murphy Elizabeth District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/28/2020 08/04/2020 06/30/2023 Expert Representative Replaced Milburn
Orozco-Valdivia Barbara District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/10/2021 06/30/2025
0 0 01/05/2021 02/02/2021 06/30/2021 Expert Representative Replaced Partida Lopez
VACANT - Cruz Mary District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 06/30/2023
1 0 04/12/22016 04/27/2016 06/30/2018 District 1Representative
VACANT - Quiroz Lorena District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 06/12/2018 06/30/2022
1 0 04/12/2016 04/14/2016 06/30/2018 District 3 Representative
Printed: 07/20/2023 Page 431 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Health Wellness and Aging Commission Roster
Filing Categories: N/A Positions: 10 Vacant: 3
Secretary: Stacey Kurz Chair: Barbara Orozco-Valdivia Vice Chair: Freda Hernandez-Nader
Last Name First Name Address
VACANT - District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
06/30/2023 Youth Advisory
Printed: 07/20/2023 Page 432 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Housing Homelessness Advisory Commission Roster
Filing Categories: N/A Positions: 9 Vacant: 1
Secretary: Monica Rodriguez Chair: Anna Cabral Vice Chair: James Merino
Last Name First Name Address
Cabral Anna District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 08/15/2017 09/12/2017 06/30/2021 At-Large Replaced Torres
Carlseen Peter District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/07/2023 06/30/2026 Appt added in error
1 0 03/07/2023 06/30/2026 At-Large Replaced Bustamante J
Merino James District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 06/20/2017 06/30/2021
0 0 08/16/2016 08/18/2016 06/30/2017 Expert Representative Replaced Zaker
Montoya-Cesena Juliette District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/07/2023 06/30/2026 Ex-Officio Replaced Owusu S
Pacheco Karla District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/07/2023 06/30/2026 Ex-Officio Replaced Hoyos, M.
Paddock Norman District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 11/17/2020 12/01/2020 06/30/2024 Tenant Rep. (62 yrs or older)Replaced Cudal
Robinson Opeodu Vikki District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 12/14/2021 01/25/2022 06/30/2025 Expert Representative Replaced Quero
Whitsell Paula District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 02/21/2023 03/07/2023 06/30/2026 Expert Representative Replaced Lisama
VACANT - Robles Ana Ruth District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 06/14/2016 06/30/2020 Tenant Representative Replaced Resse
0 0 07/14/2015 06/30/2016
Printed: 07/20/2023 Page 433 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Human Relations Commission Roster
Filing Categories: N/A Positions: 12 Vacant: 4
Secretary: Adrianna Hernandez Chair: Petrina Branch Vice Chair: Nadia Kean-Ayub
Last Name First Name Address
Branch Petrina District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 06/12/2018 06/30/2022
0 0 11/07/2017 11/21/2017 06/30/2018 At-Large Original Member
VACANT - Custodio-Tan Candice District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 12/07/2021 01/25/2022 06/30/2024 At-Large Replaced Gutierrez
Felix William District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 11/07/2017 11/21/2017 06/30/2020 At-Large Original Member
VACANT - Godinez Robert District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/23/2019 11/21/2017 06/30/2023
0 0 11/07/2017 11/21/2017 06/30/2019 At-Large Original Member
Gomez Christian District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 12 05/16/2023 05/23/2023 06/30/2023 Youth Advisory Member 1st seat appoitmnet
Kean-Ayub Nadia District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 01/22/2019 02/05/2019 06/30/2022 At-Large Replaced Bordeaux
Lake Susan District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/23/2019 11/21/2017 06/30/2023
0 0 11/07/2017 11/21/2017 06/30/2019 At-Large Original Member
Lares-Urquidez Leticia District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 11 04/18/2023 04/25/2023 06/30/2026 At-Large Replaced Medina R
Olaoye Mopelola District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/27/2021 08/10/2021 06/30/2025 At-Large Replaced Gonzalez D
Printed: 07/20/2023 Page 434 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Human Relations Commission Roster
Filing Categories: N/A Positions: 12 Vacant: 4
Secretary: Adrianna Hernandez Chair: Petrina Branch Vice Chair: Nadia Kean-Ayub
Last Name First Name Address
Pajanor Appaswamy
"Vino"
District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 06/14/2022 08/09/2022 06/30/2024 At Large Replaced Martinez-Montes
VACANT - Ratner Peggy District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 09/10/2019 09/24/2019 06/30/2023 At-Large Replaced Gonzalez B
VACANT - Baber Harriet District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/10/2021 06/30/2025
0 0 01/05/2021 01/21/2021 06/30/2021 At-Large Replaced Zadah
Printed: 07/20/2023 Page 435 of 505
City of Chula Vista City Council
July 25, 2023 Post Agenda
Measure A Citizens' Oversight Committee Roster
Filing Categories: N/A Positions: 11 Vacant: 2
Secretary: Cristina Giron Chair: David Stucky Vice Chair: John Volland
Last Name First Name Address
Becotte Paul District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 08/10/2021 06/30/2025
0 1 05/11/2021 05/18/2021 06/30/2021 District 3 Representative Replaced Rubio
Bruzee Dustin District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 2 02/02/2021 06/30/2024 Police Officer Association Rep.Replaced Martinez
Cruz Lea District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 3 11/01/2022 10/20/2022 06/30/2025 District 2 Representative Replaced Anaya
Guillen Manolo District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 4 08/09/2022 06/30/2026
1 4 09/20/2018 09/26/2018 06/30/2022 Fire Chief Rep Original member
Hobson Nicole District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 5 07/28/2020 09/26/2018 06/30/2024
0 5 09/20/2018 09/26/2018 06/30/2020 Association of Chula Vista Employees Rep Original member
VACANT - Rivera Frank District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 6 05/11/2021 05/18/2021 06/30/2024 Mid-Managers/Prof. Rep.Replaced Tessitore
Roberts Darrell District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 7 08/10/2021 06/30/2025
1 7 09/20/2018 10/02/2018 06/30/2021 Chula Vista International Association of Fire Fighters Rep.Original member
Sallee William District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 8 04/26/2022 05/03/2022 06/30/2023 Police Chief Rep Replaced Ficacci
Stucky David District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 9 08/09/2022 06/30/2026
1 9 09/20/2018 09/26/2018 06/30/2022 District 1 Representative Original member
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July 25, 2023 Post Agenda
Measure A Citizens' Oversight Committee Roster
Filing Categories: N/A Positions: 11 Vacant: 2
Secretary: Cristina Giron Chair: David Stucky Vice Chair: John Volland
Last Name First Name Address
Volland John District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 10 08/10/2022 06/30/2026
1 10 09/20/2018 09/26/2018 06/30/2022 District 4 Representative Original member
VACANT - Cromer Robert District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 05/11/2021 05/18/2021 06/30/2023 Chamber of Commerce Rep.Replaced Escobedo
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Measure P Citizens' Oversight Committee Roster
Filing Categories: N/A Positions: 9 Vacant: 2
Secretary: Monica Rodriguez Chair: David Garcias Vice Chair: Greg Martinez
Last Name First Name Address
Enriquez Nicole District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/01/2021 06/30/2025
0 0 04/13/2021 04/20/2021 06/30/2021 Parks and Recreation Commission Rep.Replaced Fernandez
Freels Mona District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 03/02/2017 03/15/2017 06/30/2021 At-Large - Any District Rep.Original member
Garcias David District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 03/02/2017 03/07/2017 06/30/2021 San Diego & Imperial Counties Labor Council Rep.Original member
Ilyas Saad District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/10/2021 06/30/2025
0 0 04/13/2021 04/20/2021 06/30/2021 At-Large District 3 Rep.Replaced Prater
Martinez Greg District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 11/28/2018 12/18/2018 06/30/2021 District 1 Representative Replaced Whitsell
Redo Christopher District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 03/02/2017 03/07/2017 06/30/2021 At-Large District 2 Rep.Original member
Saldivar Silvia District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/10/2021 06/30/2025
0 0 04/13/2021 04/20/2021 06/30/2021 Alliance of Californians for Community Empowerment Rep.Replaced Robles
VACANT - Sheridab District
Term Position Appoint
Christopher
Swear in Term Exp.Appt. Criteria Comments
1 0 03/02/2017 06/30/2021 Original Member
Printed: 07/20/2023
District 4 Representative 03/02/2017
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Measure P Citizens' Oversight Committee Roster
Filing Categories: N/A Positions: 9 Vacant: 2
Secretary: Monica Rodriguez Chair: David Garcias Vice Chair: Greg Martinez
Last Name First Name Address
VACANT - Romo Romo District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 10/17/2017 11/28/2017 06/30/2021 Sustainability Rep.
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Mobilehome Rent Review Commission Roster
Filing Categories: 1,2 Positions: 7 Vacant: 4
Secretary: Monica Rodriguez Chair: Abel Cordero Vice Chair: Brenda Aguirre
Last Name First Name Address
Acerro Theresa District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 08/08/2017 08/15/2017 06/30/2021 Nominated by Council Seat #2 Replaced Riesgo
Aguirre Brenda District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 11/17/2020 12/01/2020 06/30/2023 Nominated by Mayor Replaced Delgado
VACANT - Cordero Abel District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 11/17/2020 12/01/2020 06/30/2023 Nominated by Council Seat #4 Replaced Dmyntrenko
VACANT - Epsten Amy District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 06/20/2017 06/30/2021 Continuing to serve until seat is filled.
1 0 09/10/2013 09/17/2013 06/30/2017 Ex-Officio Park Owner Representative Replaced Steve Epsten
VACANT - Smith Kenneth District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 06/20/2017 06/30/2021
1 0 09/10/2013 09/17/2013 06/30/2017 Ex-officio Tenant Representative Replaced LaPierre
VACANT - Whitsell Paula District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 10/02/2018 10/16/2018 06/30/2022 Nominated by Council Seat #1 Replaced Gonzalez
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Parks and Recreation Commission Roster
Filing Categories: N/A Positions: 8 Vacant: 2
Secretary: Geovanna Gonzalez Chair: John Zarem Vice Chair: Nicole Enriquez
Last Name First Name Address
Calvo Martin District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 7 04/18/2023 04/25/2023 06/30/2024 At-Large Replaced German M
Conser Brianna District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 05/18/2021 06/01/2021 06/30/2023 At-Large Replaced Doyle
Enriquez Nicole District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 09/11/2018 09/18/2018 06/30/2022 District 2 Representative Replaced Buddingh
Gregorio Rennsie District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 07/19/2016 08/02/2016 06/30/2020 At-Large Replacing Vogel
Padilla Ashleigh District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 09/15/2020 09/22/2020 06/30/2023 District 3 Representative Replaced Fernandez
Zarem John District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025
1 0 06/28/2017 07/11/2017 06/30/2021 District 1 Representative Replaced Soto
VACANT - Garcia-Lopez Maria District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 09/18/2018 06/30/2022
1 0 07/17/2014 08/05/2014 06/30/2018 District 4 Representative Replaced Gerace
VACANT - District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
06/30/2023
Printed: 07/20/2023
Youth Advisory
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Planning Commission Roster
Filing Categories: 1,2,3,4,5,6,7 Positions: 7 Vacant: 1
Secretary: Mariluz Zepeda Chair: Max Zaker Vice Chair: Michael De La Rosa
Last Name First Name Address
Burroughs Krista District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/10/2021 06/30/2025 PC Rep for Bayfront Cultural & Design Committee
1 0 06/28/2017 07/11/2017 06/30/2021 At-Large Replaced Liuag
Combs Jim District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 09/20/2022 09/27/2022 06/30/2025 Qualified Professinal Replaced Nava
De La Rosa Michael District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/23/2019 06/30/2023
0 0 11/28/2018 12/18/2018 06/30/2019 Qualified Professional Replaced Anaya
Felber Bryan District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 09/20/2022 09/27/2022 06/30/2026 At- Large Replaced Gutierrez
Torres Jerome District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 2 07/23/2019 06/30/2023 PC Rep for Bayfront Cultural & Design Committee
0 2 04/09/2019 04/16/2019 06/30/2019 At-Large Replaced Calvo
Zaker Max District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 07/19/2016 08/02/2016 06/30/2020 At-Large Replacing Fragomeno
VACANT - Milburn Jon District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 09/18/2018 06/30/2022
0 0 06/28/2017 07/11/2017 06/30/2018 Qualified Professional Replaced Fuentes
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Sustainability Commission Roster
Filing Categories: N/A Positions: 9 Vacant: 4
Secretary: Monica Rodriguez Chair: Christos Korgan Vice Chair: Adriana Guevara Gluyas
Last Name First Name Address
VACANT - Vacant District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 8 Youth Advisory
VACANT - Vacant District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 9 Youth Advisory
Alatorre Raymundo District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 1 03/07/2023 06/30/2026 At-Large Replaced Legaspi
VACANT - Fairley Crystal District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 2 03/07/2023 06/30/2026 At-Large Replaced Richeson
Guevara Gluyas Adriana District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 3 07/23/2019 04/08/2019 06/30/2023
0 3 03/26/2019 04/08/2019 06/30/2019 At-Large Replaced Valen
Knox John District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 03/07/2023 06/30/2025 At-Large Replaced Matthias,T
Korgan Christos District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 5 08/10/2021 06/30/2025
0 5 07/09/2019 07/23/2019 06/30/2021 At-Large Replaced McMillin
Salazar Hayley District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 6 03/07/2023 06/30/2024 At-Large Replaced Rodriguez,A
VACANT - Rodriguez Angelica District
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 9 07/28/2020 08/04/2020 06/30/2024 At-Large Replaced Romo
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Traffic Safety Commission Roster
Filing Categories: N/A Positions: 7 Vacant: 0
Secretary: Florence Picardal Chair: Jorge Marroquin Vice Chair: Tuere Faaola
Last Name First Name Address
Becerra Firsht Monica District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/07/2023 06/30/2026 At-Large Replaced Marroquin
Caudillo Rodney District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 03/07/2023 06/30/2023 At-Large Replaced Francisco J
Cervantes Juan District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/28/2020 06/30/2024
1 0 09/13/2016 09/20/2016 06/30/2020 At-Large Replaced Jesse Navarro
DeMarco Tim District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/07/2023 06/30/2026 At-Large Replaced Faaola
Flores Ed District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 04/12/2022 04/26/2022 06/30/2025 At-Large Replaced Hidinger
Luke Arnold District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 04/26/2022 05/03/2022 06/30/2025 At-Large Replaced Munoz
Orso-Delgado Pedro District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/09/2022 06/30/2026
1 0 04/16/2019 05/07/2019 06/30/2022 At-Large Replaced Mashall
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Veterans Advisory Commission Roster
Filing Categories: N/A Positions: 7 Vacant: 1
Secretary: Alyssa Moreno Chair: Duaine Hooker Vice Chair: Nimpa Akana
Last Name First Name Address
Akana Nimpa District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 03/07/2023 06/30/2026 At-Large Replaced Larkin
Balolong Maria District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 07/28/2020 06/30/2024
0 0 07/24/2018 08/07/2018 06/30/2020 At-Large Replaced Stewart
Hooker Duaine District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 02/21/2023 06/30/2026 At-Large Replaced Bartlett
Mueller Jennifer District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 07/23/2019 01/17/2017 06/30/2023
1 0 01/10/2017 01/17/2017 06/30/2019 At-Large Replaced Ramirez
Pine Lynne District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 12/07/2021 01/25/2022 06/30/2202 At-Large Replaced Sears
Williams Tanya District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 03/07/2023 06/30/2024 At-Large Replaced Torres,J
VACANT - Moyer Elizabeth District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/10/2021 06/30/2025 At-Large
0 0 10/20/2020 11/03/2020 06/30/2021 Replaced Wynne
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Wildlife Advisory Group Roster
Filing Categories: N/A Positions: 4 Vacant: 0
Secretary: N/A Chair: N/A Vice Chair: N/A
Last Name First Name Address
Johnson Susan District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 02/12/2017 06/30/2050 Southwest Representative Replaced DeLeon
Matthei Paula District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 01/10/2017 06/30/2050 Northwest Representative Replaced Pieters
Richeson John District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 10/08/2018 06/30/2050 Sustainability Commission Rep.Replaced Valen
Torres Rafael District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 08/24/2021 06/30/2050 Southeast Representative
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Term Appt
Process Board & Commission Name Appointment Date
Ethics Training
(in
compliance*)
FY22/23 FY
21/22
FY
20/21
FY
19/20 FY 18/190OBoard of Ethics Torres, Jose 9/27/2022 Y 0/4 ____0 O Board of Ethics Velissaropoulos, Alexia 9/27/2022 Y 1/4 ____0 D Citizens' Oversight Committee - Measure A Sallee , William 4/26/2022 Y 0/4 ____0 O Civil Service Commission Nunez-Silva, Lourdes 4/18/2023 Y _____0 O Cultural Arts Commission Muraoka, Ken 2/21/2023 Y 0/2 ____0 A Human Relations Commission Gomez, Christian 5/16/2023 Y _____0 A Traffic Safety Commission Caudillo, Rodney 3/7/2023 Y 0/1 ____1 A Board of Appeals & Advisors Ehm, Bryan 11/5/2019 Y 0/1 0/3 0/0 0/1 _1 O Board of Ethics Barragan, Isidro 10/1/2019 N 0/5 1/6 0/3 0/4 _1 A Health Wellness and Aging Commission Murphy , Elizabeth 7/28/2020 N 0/1 0/2 0/6 __1 A Mobilehome Rent Review Commission Aguirre, Brenda 11/17/2020 Y 0/1 0/0 0/0 0/0 _1 B Planning Commission De La Rosa, Michael 11/28/2018 Y 2/9 1/7 0/8 1/12 _1 B Planning Commission Torres, Jerome 4/9/2019 Y 1/9 0/7 0/8 12/12 _1 A Parks and Recreation Commission Conser, Brianna 5/18/2021 Y 0/4 0/4 0/6 __1 C Parks and Recreation Commission Padilla, Ashleigh - District 3 Representative 9/15/2020 Y 1/4 2/5 0/6 __1 A Sustainability Commission Guevara Gluyas, Adriana 3/26/2019 N 0/2 5/10 3/10 1/11 _
Appointment Process: A - General Appointment, D - Designated Member Appointment, O - B&C Individual Municipal Code
* A member is considered compliant with the ethics training requirement when:A) He/She has completed ethics training within the past two years and provided a certificate of completion to the City Clerk's office; ORB) He/She has not yet completed ethics training and has served less than one year (all members have one year to complete the initial ethics training)
** Attendance is reported in the following format: Number of Meetings Missed (excused or unexcused absences) / Number of Meetings Held (meetings held prior to an individual being appointed are not included)
Commissioner Attendance & Training Records
Terms Expiring June 30, 2023
Attendance (Meetings Missed/Meetings Held**)
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David Diaz
+ +
⋆ Citizenship: United States of America ⋆ Selective Service: Yes
OBJECTIVE
To obtain a position that can benefit from my broad international experience, intercultural competencies, public relations skills, and
ability to synthesize these into successful strategic collaborations.
EDUCATION
Doctorate (Candidate) in International Law & International Relations
European Certificate of Advanced Studies (“All But Dissertation” Certificate) (Oct 2011)
Universidad Complutense de Madrid, Madrid, Spain
Master of Arts in Negotiation, Conflict Resolution & Peacebuilding (2014)
California State University, Dominguez-Hills, Carson, CA, USA
Bachelor of Arts in International Security & Conflict Resolution (2006)
San Diego State University, San Diego, CA, USA
International Relations-Summer Seminar (2006)
East Mediterranean University, Famagusta, Cyprus
Comparative Law & Russian-Intensive Summer Program (2006)
Lomonosov Moscow State University, Moscow, Russia
Associate Degree in Political Science (2007)
Southwestern College, Chula Vista, CA, USA
LANGUAGES
Spanish: ILR Level 5 - Native Professional or Academic Bilingual Proficiency
Italian: ILR Level 3 - Professional Working Proficiency/C1
French: ILR Level 2 - Limited Working Proficiency/B2
CERTIFICATIONS & QUALIFICATIONS
Conflict Transformation Certificate (Intensive four-week course) (2011)
Initiatives of Change, Caux, Switzerland (English/French)
Understanding the Black Sea Region Certificate (NATO Sponsored Training) (2011)
Center for International and European Studies (CIES), Istanbul, Turkey
Disaster Public Affairs Certificate (2010)
American Red Cross, San Diego/Imperial Counties Chapter, San Diego, CA, USA
Public Policy and Biological Threats Training Certificate (2009)
University of California, Institute on Global Conflict and Cooperation , La Jolla, CA, USA
Exploring Humanitarian Law Certificate (2009)
American Red Cross, National Headquarters, Washington, DC, USA
Identity Management Certificate with Emphasis on Popular & Religious Traditions (2008)
7th Euro-Mediterranean Meeting, Cariati, Calabria, Italy (Italian/English)
Diversity Management Certificate (2004)
Southwestern College, Chula Vista, CA, USA
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RELEVANT PROFESSIONAL EXPERIENCE
Outreach Lead, County of San Diego Registrar of Voters (2021-Present)
Provide Spanish language voter education and outreach to citizens with limited English proficiency
Translate and proofread in English and Spanish: ballots, sample ballots, voter information pamphlets, legal notices, voter
notices, media releases, frequently asked questions and website
Assist Spanish speaking citizens with voter information and registration at community events and New Citizen ceremonies
Conduct bilingual poll worker orientations and recruitment
Conduct community presentations and voter education
Make effective use of the Registrar of Voters’ database to assist voters
Review resumes, conduct interviews and make employment recommendations to hiring official
Assist in onboarding and training new hires
Spanish Analytical Linguist, KACE Company, San Diego, CA, USA (2021)
Analyzed Spanish content from multiple sources in different Spanish-speaking regions, and provided a clean, objective
product in professional English to Federal clients
Monitored, translated, transcribed, interpreted, validated, summarized, conducted de-confliction analysis and information
validation/verification
Wrote a daily brief on assigned targets consisting of short narrative synopsis in professional English
Site Manager, County of San Diego Registrar of Voters (2020-21)
Trained election staff adhering to applicable laws and policies
Supervised 15 election workers at assigned Vote Center
Handled and resolved difficult situations in a positive manner
Communicated effectively with staff, public, and senior management to achieve successful results
Directed the secure and sanitized setup and teardown of facility equipment and supplies during the COVID-19 lockdown
Managed and trained my staff in the use of electronic election equipment/applications
Managed and supported a diverse team
Ensured health and safety practices were followed at the Vote Center during the height of the COVID-19 lockdown
Spanish Analytical Linguist, MVM, Inc., San Diego, CA, USA (2017-2020)
Analyzed Spanish content from multiple sources in different Spanish-speaking regions, and provided a clean, objective
product in professional English to Federal clients
Monitored, translated, transcribed, interpreted, validated, summarized, conducted de-confliction analysis and information
validation/verification
Wrote a daily brief on assigned targets consisting of short narrative synopsis in professional English
Spanish Outreach Associate, County of San Diego Registrar of Voters (2016-2019)
Provide Spanish language voter education and outreach to citizens with limited English proficiency
Translate and proofread in English and Spanish: ballots, sample ballots, voter information pamphlets, legal notices, voter
notices, media releases, frequently asked questions and website
Assist Spanish speaking citizens with voter information and registration at community events and New Citizen ceremonies
Conduct bilingual poll worker orientations and recruitment
Conduct community presentations and voter education
Make effective use of the Registrar of Voters’ database to assist voters
Transportation Security Officer (TSO), Transportation Security Administration, San Diego, CA (2018)
Maintained focus and awareness to identify and locate potentially life threatening or mass destruction devices, and to make
effective decisions in both crisis and routine situations while working in a stressful environment which included noise from
alarms, machinery and people, crowd distractions, time pressure, and disruptive and angry passengers
Engaged in continuous development of critical thinking skills necessary to mitigate actual and potential security threats by
identifying, evaluating, and applying appropriate situational options and approaches. This included application of risk-based
security screening protocols that vary based on program requirements
Political & Global Affairs Analyst, KSDY Channel 50, San Diego, CA, USA (2017)
Presented my analysis and commentary on current political and global affairs on television and the internet
Played a key role in disseminating complex analysis of political and global affairs to the public in an accessible way
Utilized my background as an international scholar to provide a global perspective to the San Diego/Tijuana community
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Video Remote Interpreter (Spanish), Language Line Solutions (2013 - 2014)
Processed calls on demand and rendered meaning of conversations in the consecutive mode of interpretation
Processed information quickly and concisely, recognizing sensitive cultural differences
Used appropriate industry terminology and common industry procedures and practices. The calls involved both simple and
complex, non-technical or technical subjects in the fields of: Government, Healthcare, Insurance, Finance, Emergency (911)
calls, Law Enforcement, Court and General Business
Disaster Preparedness Volunteer, American Red Cross, Monterey County Chap. (2013 - 2014)
Served as an American Red Cross representative distributing preparedness information at community events and speaking to
groups about Red Cross programs, services, and related information
Educated individuals and groups on how to prepare before a disaster and provided materials and training
Access Control Volunteer, 2013 Presidential Inaugural Committee, Washington, DC, USA (2013)
Greeted and directed inauguration attendees
Took the initiative and assumed the leadership and control of one of the main access points for the inauguration, closely
coordinating and working with both the Secret Service and the National Guard upon an absence in the established chain of
command
Gathered the scattered volunteers and placed them in strategic locations along with National Guard personnel in order to have
an orderly and organized crowd flow
Assisted the Committee leadership in defusing tense situations with the angry crowds when capacity was reached
Field Organizer, Organizing for America, Las Vegas, Nevada, USA (Eng/Spa) (2012)
Recruited, retained, mobilized, managed, and trained volunteers in key organizing skills and get-out-the-vote techniques in a
battleground state
Recruited a small team of fellows from Europe and California before I started working on the campaign
Recruited, retained, and trained a local volunteer as a full-time volunteer and "Assistant Field Organizer"
Intern, Political Section, Embassy of the United States, Madrid, Spain (2011)
Represented the Embassy at outside events of interest to the Political Section
Drafted the Embassy’s classified daily report to Washington on political and economic events in Spain
Assisted political officers with research and drafting of cables and reports
Field Organizer/Office Manager, San Diego County Democratic Party, Chula Vista, CA, USA (2010)
Recruited, retained, mobilized, managed, and trained volunteers in key organizing skills and get-out-the-vote techniques
Managed the South County Field Office for the San Diego County Democratic Party
Coordinated with Organizing for America and all the endorsed campaigns and candidates
Iraqi Elections Observer, United States Department of State, El Cajon, CA, USA (2010)
Responsible for assuring Iraqis that the State Department was focused on their election
Responsible for observing, documenting, and reporting any irregularities observed
Responsible for providing an overall assessment of the Iraqi elections in San Diego for State Dept. briefing materials
Public Information Officer, American Red Cross of San Diego/Imperial Counties, CA, USA (2009)
Responsible for responding to media requests with accurate and timely information
Responsible for presenting Red Cross involvement and services to media
Responsible for assisting at disaster or other emergency sites
International Humanitarian Law Program-Developer, American Red Cross-San Diego Chapter, CA (2009)
Responsible for creating both an undergraduate and a graduate curriculum in International Humanitarian Law
Responsible for both the dissemination and implementation of the IHL curricula
Responsible for conducting media and institutional outreach for International Services
Lecturer, 8th Euromediterranean Meeting/Ecole d’Eté, Calabria, Italy (2009)
Lectured on ‘Multiple & Fluid Identities’ (Italian/English)
Lecturer, Euromediterranean Meeting 2009, Dalmatia, Croatia (2009)
Lectured on ‘Post Conflict Development from the Inside Out, from Forgiveness to Freeways’ (Italian/English)
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Cultural Ambassador: North American Lang. & Culture Asst., Spanish Ministry of Education, ES (2008 - 2009)
Facilitated English language acquisition and improvement while disseminating and promoting American culture
Introduced International Education Week to my students and had them present on related topics
Devised ways to include typically marginalized students to get them to actively participate in class
Associate Researcher, Institute of the Americas (IOA), La Jolla, CA, USA (2007)
Employed my intercultural communication skills to foster the participation of key players in IOA projects
Translated Institute documents and publications, as well as contributed to the editing of said documents
Conducted research on a broad range of topics
SELECTED SPEAKING ENGAGEMENTS
Bilingual Poll Worker Orientation, Presentation with the Registrar of Voters, San Diego, CA, USA. Mar. and Nov. 2022 (Spanish)
Voter Choice Act, Republican Central Committee of San Diego County, San Diego, CA, USA. Feb. 2022 (English)
Voter Choice Act, Skyline Hills Library, San Diego, CA, USA. Feb. 2022 (English/Spanish)
Bilingual Poll Worker Orientation, San Marcos Library, San Diego, CA, USA. Mar. 2018 (Spanish)
Bilingual Poll Worker Orientation, Registrar of Voters, San Diego, CA, USA. May 2016 (Spanish)
Red Cross Disaster Preparedness Class, Salinas Head Start Office, CA, USA. June 4, 2013 (Spanish)
Sustainable Peace Education Program, San Diego Breakfast Rotary Club, CA, USA. Feb. 22, 2012 (English)
Sustainable Peace Education Program, Rotary Club of Del Mar, CA, USA. Feb. 16, 2012 (English)
Sustainable Peace Education Program, Rotary Club of Coronado, CA, USA. Feb. 15, 2012 (English)
US-Spain Bilateral Relations, Rotary Club Madrid Cibeles, Spain. June 22, 2011 (Spanish)
Ambassadorial Scholars Program, Rotary District 2201 District Conference, Canary Islands, Spain. Apr. 29, 2011 (Spanish)
Autobiographical Speech, Rotary Club of Paris, France. Jan. 12, 2011 (French/English)
Sustainable Peace Education Program, California State University, Dominguez Hills, CA, USA. Mar. 2010 (English)
SELECTED AFFILIATIONS
Founding Chair and Lead Organizer, Democrats Abroad Baja California (2020-2023)
Charter Vice-President and Foundation Chair, San Diego Downtown Evening Rotary Club (2019-2020)
President, United Services Rotary Club (2015-2016)
Delegate, United Nations Association of the United States of America (2015)
International Service Director & President Elect, United Services Rotary Club (2014-2015)
Founding Chapter President, Mediators Beyond Borders, California State University (2008-2010)
Student Senator, Honorary Life Member, Associated Student Organization, Southwestern College (2003-Present)
SELECTED AWARDS & HONORS
Presidential Appointment, Local Board Member of the State of California, Selective Service System, USA (2013-Present)
Donation in my honor to the Rotary International Polio Plus Fund, Rotary Club of Del Mar, CA, USA (2012)
Honorary Rotarian, Madrid-Cibeles Rotary Club, Spain (2011)
Elected to Who's Who Among Students in American Universities & Colleges, USA (2010)
Awarded 'Student Membership' in the Clinton Global Initiative (2010)
Rotary Ambassadorial Scholarship/Global Grant-25,000 USD (2010)
Certificate of Esteem and Friendship from Mayor Sero of Cariati, Italy (2009)
University of California, Institute on Global Conflict and Cooperation Fellowship-10,000 USD (2009)
Certificate of Appreciation from Mayor Ozawa of Odawara for Contributions to Better US-Japan Relations (2001)
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Thank you,
City of Chula Vista
This is an automated message generated by Granicus. Please do not reply directly to this email.
M m m
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Henry A. Martinez II
NAVWAR - PEO C4I - PMW 770 IPM
Cell Phone Office Email:
1
INFORMATION AND COMMUNICATIONS TECHNOLOGY OPERATIONS MANAGER
Systems Installation and Interoperability | Cross-functional Team Leadership
Retired United States Naval Officer with technical, operational, & organizational leadership in electronics
systems, Satellite communications & network management. Part of Carrier & Expeditionary Strike Group
combat operations, responsible for strategic communications management, Planning, BATTLESPACE
awareness, technical repair, cyberspace defense & systems installation, integration, testing, evaluation,
and sustainment. Exceptional communicator with a proven record of accomplishment in leading &
managing technical teams across multiple disciplines. Surface Warfare & Information Warfare Qualified,
ready to apply skills in the government sector. Skilled in all phases of the project life cycle, from initial
feasibility analysis and conceptual design through implementation and enhancement. Experienced in
Program Management, Information, Communications & Technology (ICT), Physical Security, and
Strategic Communications. Powerful at building culturally diverse, team-centered operating units,
excellent labor negotiation skills, and business process and strategy development skills.
Security Clearance: Active Secret Clearance & Top Secret Special Compartmentalized Information
(TS-SCI)
PROFESSIONAL EXPERIENCE
NC3 Shore & Expeditionary Integration Platform Manager (IPM) for PMW 770 In, PEO C4I San
Diego Ca (11/06/2022 - Present) Supervisor: Mrs. Alma Loe Ph: . (40-hour week)
Full Time. DP-0340-3 (GS-13) PayScale.
Duties, Accomplishments, and Related Skills:
• Experienced in establishing program plans demonstrating affordability and supportability, and
effectively managing cost, technical, and schedule risks.
• Vast C4I system of systems experienced with NCTS, NCTAMS, and SATCOM earth stations.
• Experience providing IT portfolio management expertise in DoD, Navy, and command-level projects
and programs, representing NAVWAR at DoD and DON events, interacting with managers from other
Navy commands, and other DoD and non-DoD agencies.
• Working knowledge to interpret, evaluate, develop, and implement emerging IT acquisition and
management strategies per DoD 5000.02 for the Operation of the Defense Acquisition System and DoD
5000.75 for Business Systems.
• Experienced in assisting the PM in preparing and presenting briefs to OPNAV N2/N6 sponsors and
stakeholders.
• Experienced in leading the project Working Groups and Cross-Functional IPTs, presented briefs to
stakeholders (Chief of Naval Operations, Type Commanders, Program Offices, and Program Executive
Office) that provided leadership program and project Status.
• Coordinated with external Project Managers in the design, development, implementation, and
installation planning/coordination of Radiant Mercury Cross Domain Solution (CDS) installations at
Submarine Broadcast Control Authorities (BCA). Efforts resulted in successful installations, including a
unique design and Dual Radiant Mercury Solution implementation at CTF-69 Submarine BCA.
• Experienced in defining appropriate products and services with warfighters to define project scope,
requirements, and deliverables.
• Working knowledge of MBSE, SPIDER, and CMPRO.
• Experience in management and overseeing program analysts and subject matter experts (SMEs)
responsible for integrating NC3 circuits and the Department of Navy acquisition program into joint forces
operations.
• I highly support the Equal Employment Opportunity (EEO) programs to exercise ethical and responsible
stewardship of all government resources, including financial and civilian personnel.
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• Managed all program phases of the record acquisition life cycle to include development, design,
test/evaluation, and sustainment to meet program cost, schedule, and performance baselines.
During the following specific examples, I oversaw the execution of these phases of the acquisition life
cycle that resulted in program acquisition documents (ECR, IRD, IDP, SOVT, and IA) required to
manage a program of record baselines being installed at PMW 790 Shore Sites.
• Experienced in implementing efforts to reduce product complexity and simplify product setup,
integration, and installation to include ways to minimize the duration of installation on operational units
to maximize unit availability. Improve logistics, training, operation, and troubleshooting.
• Experienced in implementing validated capability improvements that contribute to increased reliability,
maintainability, and availability.
• Led numerous execution risk mitigation activities and advised the Installation Planning and Design
Manager when installation risk required higher-level intervention.
• Experienced in supporting innovative ideas and how to incorporate them for implementation to improve
the organization & create an environment that fosters innovation. Support of Science & Technology
efforts and PMW 770 Roadmap updates.
• Experienced in fostering a culture of continuous improvement to reduce cost with documented and
validated financial benefits, optimize enterprise-level value streams, and significantly improve
organizational efficiency and effectiveness.
• Managed work based on priorities, the difficulty of assignments, setting short and long-term plans for
work to be accomplished, and evaluating the effectiveness of execution planning regarding mission
accomplishments.
AFLOAT TRAINING GROUP SAN DIEGO Senior Analyst (04/2020 – 04/2021) – SOLUTE US
Supervisor: Jeremey Jurkoic Ph: . (40-hour week) Full Time. DP-0340-3 (GS-13)
PayScale.
Duties, Accomplishments and Related Skills:
• Experienced Surface Warfare Officer with 20+ years of service serving as Systems Analyst for the
Training and Operational Readiness Information Services (TORIS) program that supports Afloat Training
Group SD and TYCOM Commander Naval Surface Force Pacific (CNSP) in San Diego, CA.
• Experienced with TORIS, the authoritative software program for managing surface ship training and
readiness.
• Experienced in modernization and improvement of surface force tactical communications training.
• Expert in Cybersecurity Training, C5I systems, and Fleet Tactical Voice and Networks, improved
training readiness within surface units, allowing them to meet platform missions during Deployment.
• Expert in governance, risk mitigation & compliance to improve cybersecurity within naval surface units.
• Experienced in shipboard operational experience managing ship's routine, including training, operations,
and maintenance at a senior level.
COMNAVSURFPAC TYCOM Chief Information Officer / Cyber Readiness Team Lead - (11/2018
– 07/2019) - INTEGRATED PLANET Supervisor: Ross Cook Las Vegas, NV 89123 – Ph:
. (40-hour week) Full Time DP-0340-3 (GS-13) PayScale.
Duties, Accomplishments and Related Skills:
Cyber inspections, and Cyber Baselines & Training events with FLEET, TYCOM & SYSCOM
stakeholders, increasing shipboard Network Operations Security posture.
• Provided Fleet wide recommended modifications to IT Cyber Security Training plans, project action
plans, and objectives to achieve short-term and long-term Cyber Security goals.
• Expert in Cybersecurity Training, C5I systems, and Fleet Tactical Voice and Networks, improved
training readiness within surface units, allowing them to meet platform missions during Deployment.
• Expert in planning, evaluating, and continually monitoring program execution of Cyber Security Scan-
patch-Scan and Cyber Dorm program directives.
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Director of Naval Information Forces Det San Diego / Officer in Charge - (02/2016 - 01/2018) -
Naval Information Forces West / Director NAVIFOR DET SD Supervisor: CAPT Eric Dietz - Ph:
. (40-hour week) Full Time DP -0340-3 (GS-13) Pay Scale.
Duties, Accomplishments and Related Skills:
• Senior Military Director of the Cybersecurity Inspection and Certification Program (CSICP) West Coast
team effectively managed a $700k budget, 17-Military & 2 GS-13 employees and Cyber Operations
resulting in force-wide improvement of cyber security and Defense-in-Depth within Naval Forces.
• Cyber Security expert: Key advisor for COMPACFLT, numbered Fleet Commanders, Platform
TYCOMS, significantly increased Fleet Cybersecurity posture, which allowed Combatant Commanders
to achieve unparalleled optimized lethality through reliable strategic networks across Naval Forces.
• Led a Cyber Security Inspection and Certification Program (CSICP) West Coast team for two years. I
have substantial knowledge of all areas in the process, including Cyber Security inspections (CSI),
Command Cyber Readiness Inspections (CCRI), and in particular, I have expertise in the following areas:
in-depth knowledge of Information Assurance Vulnerability Management (IAVM), to include verifying
the application of applicable Information Assurance Vulnerability Alerts (IAVA's), Bulletins (IAVBs),
and Technical Advisories (IAVT)
• Network vulnerability scanning; specifically, I have experience and knowledge of VMS (Lto include
uploading scans, artifacts, and documentation of findings) and VRAM (including uploading and
analyzing scan results) and the processes to accomplish these tasks.
• Experienced in verifying the implementation of DoD, USCC, DoN, and FCC/C10F Computer Task
Orders (CTO), Warning Orders (WARNORDs), Task Orders (TASKORD), Operations Orders
(OPORD), and Fragmentary Orders (FRAGO).
• Two years of experience as the CSICP Team technical leader and held INFOSEC training while on
training and assist visits (TAV) and have been trained using a model after the DISA reviewer certification
program. I have attended several training symposiums by Commander 10th Fleet Office of Compliance
and Acceptance (OCA). I received training from OCA personnel during CSI/CCRI inspections.
• Devoted to developing a Global Cybersecurity IT workforce to support the Warfighter at Sea, shore, and
forward deployed. Efforts resulted in improving Cybersecurity CCRI inspection scores throughout
COMNAVSURPAC West Coast Units.
• Experienced in Network Traffic analysis (NTA) to help identify vulnerabilities and detect malware and
operational issues.
• West coast Cyber Security expert. Knowledgeable in the administration and configuration management
of Host Based Security Systems (HBSS) and UNIX systems and have in-depth knowledge of DoN
Program of Record systems, including COMPOSE (various versions), ISNS, CANES, and GCCS-M.
• In -depth working knowledge in LAN/WAN services, configuration management, firewalls, DMZ,
routers, switches, active directory, IDS, VPN, PKI, and DNS.
• In -depth knowledge of information security governance, risk management, access control technologies,
architecture, design, physical security, cryptography, business continuity, and disaster recovery planning.
In addition to the above duties, I perform tasks with the COMNAVSURFPAC SAN DIEGO in
establishing a Cyber Directive (CYBER DORM) for all Fleet units to follow. I have supported all facets
of NAVIFOR WEST, formally known as NAVIFOR DET SAN DIEGO.
• Coordinated, including, but not limited to, planning, executing, and managing technical efforts
supporting the integration and interoperability testing of C5I installations associated with units assigned
to a deploying Carrier Strike Group (CSG) or Amphibious Ready Group (ARG). Developed
presentations, reports and participated in executive decision-making by providing intuitive insight and
analysis of Cyber Security.
• Working knowledge in applying fact-finding and investigative techniques to define and document
Cybersecurity findings during phase training to ensure Information is available to Navy and Marine Corps
activities for data mining, system fielding forecasting, and advancing valuable lessons learned.
• Experience executing technical efforts supporting the integration and interoperability testing of hull-
unique C5I installations. I have experience planning, analyzing, or managing any phase of a DGSIT
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program during my time with Mr. Mark Booze (e.g., preliminary assessment, problem definition surveys,
and final integration testing (FIT).
• Have the following Certification and training: 2019 HBSS Basic and Advanced cert, Surface Warfare
Department Head course, Maritime Operations Centers (MOCs) course, ISSM NEC 2779 cert, and Navy
Legal Senior Officer course. Received Honorable Mention Award Winner for AFCEA Washington DC in
Military IT Leadership. Implemented new, cooperative cyber training initiatives with Platform TYCOMs,
SPAWAR, and PACFLT. Led NAVFOR's efforts to coordinate with ATG to implement cyber warfare
mission area training within the surface forces.
• In -depth knowledge in implementing Cyber Security policies, compliance, configuration management,
patch, and vulnerability management, and threat detection and responses are coordinated and synergistic,
delivering maximum benefit to defending the network through Commander 3rd Fleet Area of
Responsibility.
• Subject Matter Expert in Information Assurance Vulnerability Management (IAVM), including
verifying the application of applicable Information Assurance Vulnerability Alerts (IAVA's), Bulletins
(IAVBs), and Technical Advisories (IAVTs).
FLAG COMMUNICATIONS OFFICER CARRIER STRIKE GROUP ONE (10/2013 - 02/2016) -
Supervisor: CAPT AL Brady San Diego, CA. 92135 – Ph: . (40-hour week) Full Time
DP-0340-3 (GS-13) PayScale.
Duties, Accomplishments and Related Skills:
• NAVWAR Fleet Readiness Directorate (FRD) Liaison for CCSG-1, worked directly with Robert
Leopold to rapidly deliver integrated wide area, local networking, and foundation computing systems
products and services to Warfighters.
In addition, FRD ensured that all CCSG-1 C4I systems departed for Deployment on time and with zero
CASREPS.
• Vast experience in C2 Strategic planning and administering the operation of C5I systems to support
Special Forces and Surface Warfare commanders at Sea. Responsible for Training junior Information
Warfare Officers and enlisted Information Systems Technicians (IT) to help maintain Command and
Control for Warfighters at Sea and shore through EHF/SHF/UHF/HF/VLF Data and voice systems in
support of a successful ten-month deployment.
• Responsible for managing cost, schedule, and performance of C4I Systems with CCSG'S units assigned
before Deployment.
• Managed all CCSG-1 Information Technology modernization installation projects and coordinated with
all NAVWAR / FRD / PEO C4I activities to support a ten deployment.
• Responsible for managing the schedule during the Strike Group Maintenance phase and responsible for
Liaison with NAVWAR FRD divisions in integrated class maintenance efforts.
• Developed Risk Management reporting to various TYCOMs, COMNAVAIRPAC, and
COMNAVSURPAC during maintenance.
• As a qualified Battle Watch Captain (BWC), trained personnel in tracking and monitoring
communications posture of Military Sealift Command (MSC) Combat Logistic Fleet (CLF) units
assigned to NAVCENT to ensure communications interoperability.
• Liaison with NAVWAR organization to ensure delivery of C4I systems to test facilities and shipyards
within budget and on schedule to support the CCSG-1 Deployment.
• Responsible for fostering communications between PEO Ships, PEO IWS, NAVSEA, and other
stakeholders and resource sponsors.
• Tracked and reported the status of all Program of Record Systems (PORs) onboard CCSG-1 &
supported units of all C5I installations during scheduled maintenance periods, resolving modernization
issues and new IT installations such as CANES. Identified and coordinated mitigation of issues with
appropriate ISCs and TYCOMs serving as information systems interface between customers and other
civilian entities as required. Provided weekly status reports of active projects and problems to the chain of
command for compliance, timelines, and project status to eliminate organizational risk.
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services, such as telecom, voice, and video, and ensure 100% communications connectivity to support the
warfighter at Sea.
• Worked directly for NCTS SD as COMMO/N5 Special Plans & Projects Officer and Acting Executive
Officer.
• Managed over 38 DISA circuits for the Navy's CCZ network security initiative, which helped improve
the southwest region network security posture by 89%.
• Established Circuit Action Team at NCTS SD to consolidate and remove legacy circuits for future cost
savings of 1.5 million dollars.
• Responsible for Operations and maintaining a regional information transfer system for Navy Activities
ashore and afloat, providing real-time C4I Information for the Navy's Warfighting requirements.
Managed 148 Information Technology Technicians and two civilians. Directed, planned, and coordinated
operations of the Automated Technical Control Facility (ACTF), Area Control Center (ACC), and Naval
Message Center.
• Additional Duties are N5 Special Projects, POR GateKeeper & Program Manager for NCTS SD, and
officer program coordinator. Director / Manager of C4I assets enabled the command to meet additional
operational requirements of supporting significant Fleet & joint exercises while providing an
uninterrupted Defense Messaging networking system to 700 customers in the C3F Area of
Responsibilities (AOR).
• Communications engineer, initiated Technical Control Facility multi-million-dollar system upgrades,
improving equipment performance and overall operator proficiency. Started ST-1000 45 MBPS by-pass
installation, enabling the command to support Automated Digital Network System (ADNS) version (J)
Ships.
• Assisted in establishing NCTS San Diego's first major data center, provided facility recommendations,
what core components such as equipment and software for IT operations and data storage and
applications.
• Information Professional Training Lead for C3F AOR, Particularly in Navy C4I Training and Joint
Interface Technology and Navy C5I and SATCOM teleport strategies. Specialties: Highly Adept in many
areas of Navy C5I Systems and Tactical implementations in Naval Combat Systems.
COMMUNICATIONS OFFICER / G-6 / N6 -AFGHANISTAN (03/2004 - 05/2007) NAVY ETT
LIMA (NAVECRC) Supervisor: CAPT J. Heineman Norfolk, VA 23523 - Ph:
Duties, Accomplishments, and Related Skills:
• Wartime Communications / Network Officer Forward Deployed in support of Operations Enduring
Freedom (OEF) in the coalition Joint Operations Area. Afghanistan National Army (ANA) Embedded
Training Team (ETT) Leader, who led 48 ANA Officers & Soldiers in strategic command and control
operations, ensuring 100% connectivity, which increased military operational readiness in support of
(OEF) Battle Space.
• Directly responsible for Planning, Directing, and administering the CIS requirements in support of
various exercises in Afghanistan, providing C2 support to Afghan Army and NATO forces.
• Directly responsible for training & deploying Afghan communications personnel to partner with
Forward Operating Bases (FOBs) throughout the 207th RCAG region.
• Designed, engineered, and constructed two 27-meter cellular towers & developed a classified,
unclassified, and voice network plan for the NATO & 207th Regional Corps
Advisory Group, West Herat, Forward Operating Base, establishing precedence for
approved wireless networks in Afghanistan.
• Established Joint Operations Center (JOC) with Joint Tactical communications, such as voice,
NETOPS, and video among mobile units to facilitate command and control within and in support of
ANA, coalition, and NATO tactical forces.
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Additional Experience:
• COMSEC Manager 2002 – 2005 USS PELELIU LHA-5
• Manage material and support local key generation, encryption, and decryption. Responsible for receipt
handling, issuing, safeguarding, accounting, and disposition of classified material with current directives.
• Directly responsible for over 3000-line items valued at $12M.
• As Network Officer for Tactical Training Group Pacific with 500-line items valued at $5M.
• Combat Systems Information Officer (CSIO), Communications Officer (COMMO), and Network
Manager 2000 – 2018. Hardware, software, and application installations/upgrades for CANES, JWICS,
ISNS, COMPOSE 3.0.2, Certification.
• Performed network maintenance to ensure networks operated correctly with minimal interruption. •
Planned, coordinated, and implemented network security measures to protect information systems and
data.
• Diagnosed, troubleshoot, connectivity testing, resolved hardware, software, or other network and system
problems, and replaced defective components when necessary.
• Developed local standard operating procedures for network and system operations.
• Perform daily system monitoring, enforce local usage policies, user account management, and
performance for capacity planning.
Education:
MS, USAF Air University Alabama - (2013)
BS, Southern Illinois - (2010)
Professional References:
1. Bob Leopold Installation Engineering NAVWAR 5.0D
Email: (D) (C)
2. Gary Lamoureux IT Specialist/Design Specialist NM CB-ISEA Installation Manager
Email: (D) ( (C)
3. Robert Barksdale CND Fielding and Sustainment APM, PEO C4I SAN DIEGO CA
Email: r (D) (C)
4. Juan Lafuente NMIC Branch Head/Supervisor, NIWC PACIFIC CA
Email: (D) (C)
5. Henry Bluing Branch Head, NIWC PACIFIC CA
Email: (D) ( (C)
6. Ryan Cabusao N6 Department Head Naval Special Warfare Center
Email: (D)
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly
at the Cal Cities Annual Conference and Expo. The General Assembly is an important
opportunity where city officials can directly participate in the development of Cal Cities
policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates
appointed by each member city; every city has one voting delegate. Your appointed
voting delegate plays an important role during the General Assembly by representing
your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting
delegate and up to two alternate voting delegates, one of whom may vote if the
designated voting delegate is unable to serve in that capacity. Voting delegates may
either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office
no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to
explain their role. Submitting your voting delegate form by the deadline will allow us time
to establish voting delegate/alternate records prior to the conference and provide pre-
conference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution
that reflects the council action taken or have your city clerk or mayor sign the form
affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city
council action and cannot be accomplished by individual action of the mayor or city
manager alone.
Council Action Advised by August 28, 2023
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Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference;
they may register for Friday only. Conference registration is open on the Cal Cities
website.
For a city to cast a vote, one voter must be present at the General Assembly and in
possession of the voting delegate card and voting tool. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the voting delegate desk. This will enable them to receive
the special sticker on their name badges that will admit the voting delegate into the
voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates,
but only between the voting delegate and alternates. If the voting delegate and
alternates find themselves unable to attend the General Assembly, they may not
transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a
voting card will sit in a designated area. Admission to the voting area will be limited to the
individual in possession of the voting card and with a special sticker on their name badge
identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit
Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On
Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting
at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the
individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and
returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please
contact Zach Seals at zseals@calcities.org.
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly
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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on
matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual
Conference and Expo, each city council may designate a voting delegate
and up to two alternates; these individuals are identified on the voting
delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or
alternates, may pick up the city's voting card at the voting delegate desk in
the conference registration area. Voting delegates and alternates must sign
in at the voting delegate desk. Here they will receive a special sticker on
their name badge and thus be admitted to the voting area at the General
Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting
delegates (or alternates), and who have picked up their city’s voting card
by providing a signature to the credentials committee at the voting
delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the
city's voting card and voting tool; and be registered with the credentials
committee. The voting card may be transferred freely between the voting
delegate and alternates but may not be transferred to another city official
who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with
a voting card will sit in a designated area. Admission to the voting area will
be limited to the individual in possession of the voting card and with a
special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will
determine the validity of signatures on petitioned resolutions and the right of
a city official to vote at the General Assembly.
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July 25, 2023 Post Agenda
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located
in the Annual Conference Registration Area. Your city council may designate one
voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your
city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General
Assembly. Admission to this designated area will be limited to individuals (voting delegates
and alternates) who are identified with a special sticker on their conference badge. This
sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________
Mayor or City Clerk: ________________________ Date: __________ Phone: ________________
(circle one) (signature)
Please complete and email this form to votingdelegates@calcities.org by Monday,
August 28, 2023.
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July 25, 2023 Post Agenda
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to
ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy
to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the
development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal
Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly
Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare
them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for
debate and discussion.
• Improvements to the General Assembly process will make it easier for
voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.
2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 496 of 505
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276 Fourth Avenue, Chula Vista, California 91910
MEMORANDUM
CHULA VISTA CITY COUNCIL
DATE: July 20, 2023
TO: Maria Kachadoorian, City Manager
Kerry Bigelow, City Clerk
City Mayor and Councilmembers
FROM: Jose Preciado, Deputy Mayor District 2
Alonso Gonzalez, Councilmember District 3
RE: Council Sub-Committee Recommendations on Budget and Strategic Plan
This Sub-Committee of the Chula Vista City Council was created on May 23, 2023 to inform the
forthcoming City Budget process and City Strategic Plan formation.
PRIORITY BASED BUDGETING
Chula Vista City’s Management traditionally uses incremental budgeting and line item reports.
Priority Based Budgeting provides an additional level of insight into the budget and is a strategic
alternative that can be used along with the traditional budget process to augment
transparency.
Priority Based Budgeting evaluates and relates individual programs and services rather than
entire departments. Then rates how the program or service addresses priorities. This process
adds an additional layer into the budget process and budget reporting. This additional insight
allows the public and the City Council to evaluate how the line item budget translates into the
programs and priorities the Strategic Plan outlines.
Priority Based Budgeting is an engaging tool the public and City Councils use to evaluate how
well a program or service achieves the goals and objective that the community values most.
This is a fundamental reason why major cities throughout California and the country are
incorporating this budget practice at an increasing rate.
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276 Fourth Avenue, Chula Vista, California 91910
We believe the budget should be driven by the philosophy that resources should be allocated
according to how effectively a program or service achieves the goals and objectives that are of
greatest value to the community. This notion would be well served by incorporating both a
Priority Based Budget presentation and an updated City Strategic Plan.
STRATEGIC PLAN
The Chula Vista Strategic Plan has not been updated in a decade but is a key component in the
budget process to provide the framework that ensures priorities set by the City Council are
clear and goals are laid out that respond to priorities, are informed by the public and finally that
objectives are achieved and tracked that meet the goals.
The completed Strategic Plan illustrates what our efficient city government strives for. The next
Strategic Plan should create a regular process for creating greater insight into each City
Council’s priorities. Additionally, it should aggressively outline how technology can be leveraged
to routinely gain increased public participation.
Good public participation practices can help government budgets be more accountable and
responsive to their communities, and can also improve the public’s perception of governmental
performance and the value the public receives from their government. Transparency is a core
value of governmental budgeting.” (GFOA, www.gfoa.org/materials/public-engagement-in-the-
budget-process)
Two Community Budget Presentation meetings were held to discuss the FY 2023 -2024
Proposed Budget. Neither event was well attended and no budget changes in the current
budget resulted from public participation. Our recommendations will gain greater public
participation by making use of technology and regular updates in a new Strategic Planning
process.
The Strategic Plan should not be disengaged from the annual Budgeting Process. In order to
ensure maximum relevance the Strategic Plan should be developed that incorporates the lens
of the Priority Based Budget presentation. So both processes should be undertaken
simultaneously.
RECOMMENDATIONS:
Bids for Professional Services generally require a formal solicitation and selection process,
except when it is deemed extremely timely or there are limited providers of the services. In
order to initiate this process during this forthcoming budget cycle our first recommendation is
to source the Priority-Based consulting portion of the City Budget process to the sole
Consultant recommended by the GFOA.
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276 Fourth Avenue, Chula Vista, California 91910
Our second recommendation is to immediately issue the RFP for the Strategic Plan Consultant,
specifying that we seek a consultant well versed in developing Strategic Plans that have been
used in correlation with Priority Based Budgeting.
If, however, our City’s process will be better served by issuing RFP’s for both sets of consultant s
we recommend that both RFP’s follow the same timeline including issuance and selection dates
and deadlines. The selection and work of these consultants will necessarily be affected by each
other.
The recommendations of our subcommittee are largely in line with initiatives of the Rethinking
Budgeting initiative, a collaborative effort between the Government Finance Officers
Association (GFOA), International City/County Management Association (ICMA), and National
League of Cities (NLC). This initiative raises new and innovative ideas for how local government
budget systems can be adapted to our City’s needs.
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