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HomeMy WebLinkAbout2023/09/12 Post Agenda Packet REGULAR MEETING OF THE CITY COUNCIL **POST AGENDA** Date:Tuesday, September 12, 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 September 12, 2023 Post Agenda Page 2 of 483 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Oaths of office: Health, Wellness, and Aging Commission - Pat Mallen - Joyce Perischilli Human Relations Commission - Jeff Redondo Planning Commission - Rodrigo Leal 5.CONSENT CALENDAR (Items 5.1 through 5.14) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3, 5.5, 5.9 and 5.12 through 5.14. The headings were read, text waived. The motion carried by the following vote: 5.1 Approval of Meeting Minutes 13 RECOMMENDED ACTION: Approve the minutes dated: August 8, 2023 (Special Meeting), August 8, 2023 (Regular Meeting), and August 28, 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 29 A) Deputy Mayor Preciado from the August 8, 2023 Special City Council meeting. B) Mayor McCann from the August 28, 2023 Special City Council meeting. RECOMMENDED ACTION: Consider requests for excused absences as appropriate. City of Chula Vista City Council September 12, 2023 Post Agenda Page 3 of 483 ITEMS REMOVED FROM THE CONSENT CALENDAR 5.4 Grant Award and Appropriation: Accept a Grant from Public Risk Innovation, Solutions, and Management for Animal Care Services, and Amend the Fiscal Year 2023/24 Budget by Appropriating Funds For that Purpose 31 Report Number: 23-0181 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: To adopt Resolution No. 2023-125, the heading was read, text waived. The motion carried by the following vote: 5.5 Contract Award and Appropriation: Award a Public Works Contract to Jennette Company, Inc. for the Agua Vista Pump Station Upgrades (SWR0286) Project and Appropriate Funds for that Purpose 35 Report Number: 23-0187 Location: Agua Vista Pump Station (800 Agua Vista Drive) Department: Engineering and Capital Projects Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Structures). RECOMMENDED ACTION: Adopt a resolution awarding a public works contract to Jennette Company Inc. for the Agua Vista Pump Station Upgrades (SWR0286) project in the amount of $929,789; and appropriating funds to cover the projected costs of the construction phase of the project. (4/5 Vote Required) City of Chula Vista City Council September 12, 2023 Post Agenda Page 4 of 483 5.6 Apparatus/Vehicle Purchases: Approve the Purchase of One Pierce Enforcer Urban Search & Rescue and Three Unruh Type 6 Squad Apparatus, and Appropriate Funds for the Urban Search & Rescue Apparatus and Other Various Non-Safety Vehicles 42 Report Number: 23-0084 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: To adopt Resolution No. 2023-127, the heading was read, text waived. The motion carried by the following vote: 5.7 Agreement: Approve an Agreement with The Regents of the University of California for Medical Director Services 56 Report Number: 23-0212 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: To adopt Resolution No. 2023-128, the heading was read, text waived. The motion carried by the following vote: 5.8 Agreement: Approve an Agreement with Focus Psychological Services, Inc. to Provide Psychological Services to the Fire and Police Departments 75 Report Number: 2023-0219 Location: No specific geographic location Department: Fire & Police Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: To adopt Resolution No. 2023-129, the heading was read, text waived. The motion carried by the following vote: City of Chula Vista City Council September 12, 2023 Post Agenda Page 5 of 483 5.9 Grant Acceptance and Appropriation: Accept a Grant from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program and Appropriate Funds 97 Report Number: 2023-0211 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 $54,893 in grant funds from the California Governor’s Office of Emergency Services and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Paul Coverdell Forensic Science Improvement Program. (4/5 Vote Required) 5.10 Agreement Amendment and Fund Reallocation: Reallocate HOME Investment Partnership Program Funds and Amend the Agreement with SBCS Corporation for the 2022-2023 Tenant-Based Rental Assistance Program 101 Report Number: 23-0230 Location: No specific geographic location Department: Housing and Homeless Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) 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 CEQA State Guidelines. Pursuant to Title 24, Part 58.35(b)(1) of the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorically excluded under the National Environmental Policy Act (“NEPA”). RECOMMENDED ACTION: Adopt a resolution reallocating excess funds in the amount of $85,774.95, from the Fiscal Year 2014/15 HOME Investment Partnership Program from the U.S. Department of Housing and Urban Development (HUD) entitlement funds to be used for the 2022-2023 SBCS Tenant-Based Rental Assistance Program and authorizing the City Manager or designee to execute the First Amendment to the Original Agreement with SBCS Corporation and all HUD grant documents. (4/5 Vote Required) City of Chula Vista City Council September 12, 2023 Post Agenda Page 6 of 483 5.11 Grant Application: Approve the City’s Filing of a Community Enhancement Grant Application with the County of San Diego for the City-Sponsored 2023 Starlight Parade 108 Report Number: 23-0234 Location: Downtown Third Avenue (H Street to E Street) Department: Communications 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 City’s filing of an application for a $30,000 Community Enhancement Grant from the County of San Diego for the City Sponsored 2023 Starlight Parade; authorizing the City Manager, or designee, to execute an agreement between the City and County of San Diego and related documents for the grant; and appropriating any grant funds that may be received. (4/5 Vote Required) 5.12 Agreements: Amendments to Legal Services Agreements with Best, Best, and Krieger, LLP to Provide On-Call and Public Records Act Legal Services 111 Report Number: 23-0252 Location: No specific geographic location Department: City Attorney Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the amendments to the Legal Services Agreements with Best, Best, and Krieger, LLP for on-call and Public Records Act legal services for not-to-exceed amounts of $300,000 and $200,000, respectively. City of Chula Vista City Council September 12, 2023 Post Agenda Page 7 of 483 5.13 Ratification of Appointment: City Manager’s Appointment of the Deputy City Manager – Courtney Chase 139 Report Number: 23-0242 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution ratifying the City Manager’s appointment of Courtney Chase as Deputy City Manager. 5.14 Investment Report: Quarter Ending June 30, 2023 144 Report Number: 23-0235 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: Receive the investment report for the quarter ending on June 30, 2023. 6.PUBLIC COMMENTS 166 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 Planning Commission Appeal: Certification of Mitigated Negative Declaration (IS21-0006) and Approval of a Design Review for a 178,156-Square-Foot Industrial Building for Office and Warehouse Uses on a Vacant 9.72-Acre Site Located at 517 Shinohara Lane 219 Report Number: 23-0241 Location: 517 Shinohara Lane Department: Development Services Environmental Notice: A Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program (“MMRP”) (IS21-0006) has been prepared. City of Chula Vista City Council September 12, 2023 Post Agenda Page 8 of 483 RECOMMENDED ACTION: Conduct a public hearing and adopt resolutions: A) denying the appeal filed by Golden State Environmental Justice Alliance, and B) affirming the Planning Commission’s certification of Mitigated Negative Declaration (IS21-0006) and approving Design Review Permit DR21-0032 to construct a 178,156 square-foot office/warehouse building. 8.ACTION ITEMS The following item(s) will be considered individually and are expected to elicit discussion and deliberation. 8.1 Dog Park: Provide Direction to Staff on the Establishment of an Off-Leash Fenced Dog Park Within the Boundaries of Hilltop Park 285 Report Number: 23-0249 Location: Hilltop Park, 780 Hilltop Drive Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3). RECOMMENDED ACTION: Provide direction to staff with regards to an off-leash, fenced dog park within the boundaries of Hilltop Park. 8.2 Labor Relations: Consideration of Ordinances Relating to Contractor Transparency, Project Labor Agreements, and Traffic Control Worker Minimum Wages; a Resolution Adopting a Project Labor Agreement Policy; and Discussion of Healthcare Worker Minimum Wages 297 Report Number: 23-0244 Location: No specific geographic location Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. City of Chula Vista City Council September 12, 2023 Post Agenda Page 9 of 483 RECOMMENDED ACTION: Place an ordinance on first reading amending Chapter 2.59 and adding Chapter 2.71 “Project Labor Agreements” of Title 2 of the Chula Vista Municipal Code (First Reading). A. Approve a resolution adopting a Policy relating to Project Labor Agreements on City Capital Improvement Projects. B. Place an ordinance on first reading adding Chapter 2.72 “Construction Contractor and Subcontractor Reporting” to Title 2 of the Chula Vista Municipal Code (First Reading). C. Place an ordinance on first reading adding Chapter 2.73 “Traffic Control Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code (First Reading). D. Discuss adding Chapter 2.74 “Healthcare Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code. E. 8.3 Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts in Departments; Revised Ordinance; Revised Compensation Schedule; and Updated Conflict of Interest Code 373 Report Number: 23-0221 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: (A) Amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments; (B) Approving the revised Fiscal Year 2023-2024 Compensation Schedule effective September 22, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Amending the Fiscal Year 2023-24 budget; and (D) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Deputy Director of Community Services and delete the unclassified position titles of City Librarian and Parks and Recreation Administrator (First Reading); (4/5 Vote Required) 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ COMMENTS City of Chula Vista City Council September 12, 2023 Post Agenda Page 10 of 483 11.1 Councilmember Gonzalez:477 Response to ad-hoc subcommittee's memo and recommendations on the Budget and Strategic Plan Location: No specific geographic location Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Hear the recommendation and make a referral to staff as appropriate. 11.2 Deputy Mayor Preciado:482 Consider the Formation of an Ad-Hoc Subcommittee for the Purpose of Addressing Downtown 3rd Avenue Concerns Location: Third Avenue 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: Consider forming the ad-hoc subcommittee and take action as appropriate. 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): A) Name of case: American Medical Response West v. CA Dept of Healthcare Services, Sacramento Superior Court, Case No. 34-2021-80003757-CU-WM- GDS. B) Name of case: Hanna Wells v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL. C) Name of case: Estate of Oral W. Nunis, Sr., by and through Roxie Nunis, et al. v. City of Chula Vista, et al., United States District Court, Case No. 21-cv- 1627-AJB-DEB. City of Chula Vista City Council September 12, 2023 Post Agenda Page 11 of 483 14.ADJOURNMENT to the regular City Council meeting on September 19, 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 September 12, 2023 Post Agenda Page 12 of 483 City of Chula Vista Special Meeting of the City Council Meeting Minutes August 8, 2023, 3:00 p.m. City Hall, Bldg. #A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Mayor McCann Absent: Deputy Mayor Preciado Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Deputy Director City Clerk Services 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 meeting of the City Council of the City of Chula Vista was called to order at 3:02 p.m. in the 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 Appointment to Fill One Qualified Professional Vacancy on the Planning Commission City Manager Kachadoorian and Acting City Attorney Jill Maland joined the meeting at 3:05 p.m. There were no members of the public who requested to speak regarding the item. Paul Henkin submitted written comments expressing a neutral position. City Clerk Bigelow provided information on the item. The City Council discussed the questions that would be asked of each applicant and conducted the interviews. There were no members of the public who wished to speak following the interviews. Clerk Note: Excused absence pending City Council approval. Page 13 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Special Meeting Minutes Page 2 Moved by Mayor McCann Seconded by Councilmember Cardenas To appoint Rodrigo Leal to replace Jon Milburn as a qualified professional representative on the Planning Commission. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Mayor McCann Carried (4 to 0) 4. ADJOURNMENT The meeting was adjourned at 4:00 p.m. Minutes prepared by: Cristina Hernandez, CMC, Deputy Director, City Clerk Services ____________________________ Kerry K. Bigelow, MMC, City Clerk Page 14 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Regular Meeting of the City Council Meeting Minutes August 8, 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, Deputy Director, City Clerk Services 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 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Preciado led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office: Citizens' Oversight Committee - Measure A - Patricia Alvarez Cultural Arts Commission - Christine Brady Human Relations Commission - David Diaz - Julie Holm Page 15 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 2 Sustainability Commission - Jeanine Sharkey Veterans Advisory Commission - Francia Castro - Henry Martinez City Clerk Bigelow administered the oaths of office and Councilmember Gonzalez presented the certificates of appointment. 4.2 Presentation of a Proclamation Proclaiming August 2023 as Purple Heart Month in the City of Chula Vista Mayor McCann read the proclamation and Councilmember Cardenas presented it to the Purple Heart recipients. 4.3 Presentation of a Proclamation to San Diego All Star Clowns and Family Entertainers Proclaiming August 1 to August 7, 2023 National Clown Week in the City of Chula Vista Mayor McCann read the proclamation and Councilmember Chavez presented it to the San Diego All-Star Clowns and family. 5. CONSENT CALENDAR (Items 5.1 through 5.12) Items 5.4, 5.9, 5.11, and 5.12 were removed from the Consent Calendar at the request of a member of the public and City staff. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To approve the recommended actions appearing below consent calendar Items 5.1 through 5.3, 5.5 through 5.8, and 5.10. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approval of Meeting Minutes Approve the minutes dated: July 25, 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. No requests were received at that meeting. Page 16 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 3 5.5 Agreement: Approve an Amendment to the Agreement with Moffatt and Nichol to Provide Final Design for the Heritage Road Bridge Replacement Project (STM0386) Adopt the resolution approving the fifth amendment to the agreement with Moffatt and Nichol to increase the agreement amount by $298,454 and extend the agreement term until December 31, 2027 to provide final design plans, specifications, and estimates; advertise the construction contract; and provide construction design support for the Heritage Road Bridge Replacement Project (STM0386). Item 5.5 heading: RESOLUTION NO 2023-112 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIFTH AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND MOFFATT AND NICHOL TO PROVIDE FINAL DESIGN FOR THE HERITAGE ROAD BRIDGE REPLACEMENT PROJECT (STM0386) 5.6 Grant Acceptance and Appropriation: Approve an Agreement and Accept a Grant from the Department of Alcoholic Beverage Control Adopt a resolution approving an agreement with the Department of Alcoholic Beverage Control, accepting $75,000 in grant funds and appropriating the funds to the Police Grants Section of the State Grants Fund for the Alcohol Policing Partnership Program. (4/5 Vote Required) Item 5.6 heading: RESOLUTION NO 2023-113 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, ACCEPTING GRANT FUNDS, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.7 Agreement: Approve an Agreement with Systems Integrated for Software Control System onSITE Support and Task Order Services Adopt a resolution approving a five-year agreement with Systems Integrated for Software Control System Support Services for the annual maintenance of the onSITE SCADA system and task order services with a total not-to-exceed amount of $750,000 over the life of the agreement, which is five (5) years. Item 5.7 heading: RESOLUTION NO 2023-114 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SYSTEMS INTEGRATED SOFTWARE CONTROL SYSTEM ONSITE SUPPORT AND TASK ORDER SERVICES AGREEMENT BETWEEN THE CITY AND SYSTEMS INTEGRATED 5.8 Agreement: Approve an Amendment to an Agreement with Kleinfelder Construction Inc. for On-Call CIP Construction Management Adopt a resolution approving the first amendment to the consultant services agreement with Kleinfelder Construction Inc. for on-call CIP construction management to increase the maximum allowable payment for services performed through June 2024 to $4,000,000. Page 17 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 4 Item 5.8 heading: RESOLUTION NO 2023-115 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE EXISTING CONSULTING SERVICES AGREEMENT BETWEEN THE CITY AND KLEINFELDER CONSTRUCTION INC. FOR ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES. 5.10 Agreement Amendment: Approve the Third Amendment to the Agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) Adopt a resolution approving the third amendment to the agreement with World Advancement of Technology for EMS and Rescue (W.A.T.E.R.) to incorporate updates to support and maintenance and scheduled fee increases for a one-year period, one option to extend, and a not-to-exceed amount of $100,000 for the two- year period. Item 5.10 heading: RESOLUTION NO 2023-117 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THIRD AMENDMENT TO THE SOFTWARE LICENSE AGREEMENT BETWEEN THE CITY AND WORLD ADVANCEMENT OF TECHNOLOGY FOR EMS AND RESCUE (W.A.T.E.R) ITEMS REMOVED FROM THE CONSENT CALENDAR 5.4 Agreement: Approve an Agreement with The Pun Group LLP to Provide Cannabis Excise Tax and Inventory Audit and Consulting Services Alan C. spoke in opposition to the staff's recommendation. John Acosta, Chula Vista resident, spoke regarding the cannabis tax. Assistant Finance Director Del Rio spoke regarding the item. Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez To adopt Resolution No. 2023-111, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.4 heading: RESOLUTION NO 2023-111 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND THE PUN GROUP, LLC TO PROVIDE CANNABIS EXCISE TAX AND INVENTORY AUDIT AND CONSULTING SERVICES Page 18 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 5 5.9 Grand Jury Report: Accept the 2022/2023 San Diego County Grand Jury Report on Governance of San Diego Bay and its Tidal Lands and Regions and Authorize the Mayor to Sign a Response Letter City Manager Kachadoorian spoke on the item and responded to questions from the City Council. Paul Henkin submitted written comments expressing a neutral position on the item. Moved by Mayor McCann Seconded by Councilmember Gonzalez To adopt Resolution No. 2023-116, authorize the Mayor to work with the City Manager and the City Attorney to clarify, revise, and finalize the response letter based on any additional pertinent information received in advance of the filing deadline, and to provide a copy of the final response letter to the City Council. The heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.9 heading: RESOLUTION NO 2023-116 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE 2022/2023 SAN DIEGO COUNTY GRAND JURY REPORT ON GOVERNANCE OF SAN DIEGO BAY AND ITS TIDAL LANDS AND REGIONS AND AUTHORIZING THE MAYOR TO SIGN THE RESPONSE ON BEHALF OF THE MAYOR AND CITY COUNCIL 5.11 Project Agreement and Appropriation: Approve an Agreement with Caltrans to Develop the Project Report and Environmental Documents for a Capital Improvement Project at SR-125 and Main Street/Otay Valley Road (STM0409) and Appropriate Funds Alan C. spoke in opposition to the staff's recommendation. Delia Dominguez Cervantes, Chula Vista resident, spoke regarding removing the toll on the SR-125. Pedro Orso-Delgado spoke regarding the item. City Council discussion ensued. Engineering Director Valle spoke regarding the item. Moved by Mayor McCann Seconded by Councilmember Gonzalez To adopt Resolution No. 2023-118, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Page 19 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 6 Item 5.11 heading: RESOLUTION NO 2023-118 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A COOPERATIVE AGREEMENT WITH CALTRANS TO DEVELOP THE PROJECT REPORT AND ENVIRONMENTAL DOCUMENTS FOR CIP STM0409 (SR-125 AND MAIN STREET/OTAY VALLEY ROAD INTERCHANGES) AND APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRANSPORTATION DIFS FUND TO CIP STM0409 (4/5 VOTE REQUIRED) 5.12 Homeless Activities: Accept Additional Funds from the County Capital Emergency Housing Solutions Grant Program, Approve an Associated Amendment to the Agreement, Appropriate Funds, and Extend the Declaration of the Shelter Crisis The following members of the public spoke regarding homelessness:  Alan C.  John Acosta, Chula Vista resident  Delia Dominguez Cervantes, Chula Vista resident  Orville Peckoo  Joseph Raso, Chula Vista resident Paul Henkin submitted written comments in support of the staff's recommendation. Director of Housing and Homelessness Kurz spoke regarding the item. Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution Nos. 2023-119 and 2023-120, headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.12 headings: A) RESOLUTION NO 2023-119 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING FUNDS FROM THE COUNTY OF SAN DIEGO CAPITAL EMERGENCY HOUSING SOLUTIONS GRANT PROGRAM, APPROVING AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SAN DIEGO, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) B) RESOLUTION NO 2023-120 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE DECLARATION OF A SHELTER CRISIS WITHIN THE MEANING OF GOVERNMENT CODE SECTION 8698 Mayor McCann recessed the meeting at 6:31 p.m. The City Council reconvened at 6:45 p.m., with all members present. Page 20 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 7 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance and submitted written documentation. John Acosta, Chula Vista resident, spoke regarding corruption. Alan C. spoke regarding various matters. Brandon Claypool, Chula Vista resident, spoke regarding homelessness. The following members of the public spoke in support of minimum wage for healthcare workers:  Joni Vargas  Celia Gomez  Leila Khader Delia Dominguez Cervantes, Chula Vista resident, spoke regarding homelessness. Gina E. spoke regarding Harborside Park. Laura spoke regarding the Human Relations Commission. Christine Brady, Chula Vista resident, spoke regarding arts and culture in the City. 7. PUBLIC HEARINGS 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 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. Assistant Finance Director Del Rio and Revenue Manager Vasquez gave a presentation on the item and responded to questions from the City Council. Mayor McCann opened the public hearing. City Council discussion ensued. John Acosta, Chula Vista resident, spoke regarding charge calculation. Delia Dominguez Cervantes spoke in opposition to the staff's recommendation. Alan C. made suggestions for additional options for delinquent sewer service. Paul Henkin submitted written comments in opposition to the staff's recommendation. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. City Council discussion ensued. Page 21 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 8 Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2023-121, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.1 heading: RESOLUTION NO 2023-121 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 (4/5 VOTE REQUIRED) 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 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. Assistant Finance Director Del Rio and Revenue Manager Vasquez gave a presentation on the item and responded to questions from the City Council. Mayor McCann opened the public hearing. Alan C. spoke regarding additional fees associated with delinquent solid waste service. John Acosta, Chula Vista resident, spoke regarding the item. Paul Henkin submitted written comments in opposition to the staff's recommendation. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Council discussion ensued. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2023-122, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Page 22 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 9 Item 7.2 heading: RESOLUTION NO 2023-122 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 (4/5 VOTE REQUIRED) 8. ACTION ITEMS 8.1 Agreement: Approve an Agreement with Cityzen Solutions, Inc., Doing Business As PublicInput, for an Online Public Engagement Platform Assistant City Manager Allen gave a presentation on the item and responded to questions from the City Council. John Acosta, Chula Vista resident, spoke regarding seniors accessing the platform. Henry Martinez, Chula Vista resident, spoke regarding the ACT Chula Vista application. Moved by Mayor McCann Seconded by Councilmember Gonzalez To adopt Resolution No. 2023-123, heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) Item 8.1 heading: RESOLUTION NO 2023-123 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SERVICE AGREEMENT BETWEEN THE CITY AND CITYZEN SOLUTIONS, INC. DBA PUBLICINPUT 8.2 Labor Relations: Report on Implementation of Recommendations from the City Council Ad-Hoc Subcommittee on Labor Relations and Request for Direction Assistant City Manager Allen gave a presentation on the item. Marshal Anderson, representing the San Diego Lodging Association, expressed a neutral position and provided recommendations on the item. The following members of the public spoke in support of the item:  Sal Espinoza, representing CWA  Francisco Pena  Christopher Allen, representing SWMSRCC  Jorge Viramontes  Ricardo Sanchez  Jesse Garcia  Marco Alcantara Page 23 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 10  Matt Blake, Chula Vista resident  Will Hauck, Chula Vista resident  Alan C.  Doug Hicks, representing SWMSRCC  Ansermio Estrada, Chula Vista resident  Kelvin Barrios  Carol Kim, representing Building Trades The following members of the public spoke in opposition to the item:  Nicholle Wright, representing HomeFed  Henry Martinez, Chula Vista resident  Hannah Gbeh, representing the Building Industry Association of San Diego, also spoke on behalf of Adrian Luna and Lori Holt Pheiler The following members of the public submitted written comments in support of the item:  Brenda Aguirre  James Moffat  Ricardo Ochoa  Sara Ochoa The following members of the public submitted written comments in opposition to the item:  Daniel Johnson  Dustin Steiner At the request of Deputy Mayor Preciado, there was a consensus of a majority of the City Council to direct staff to proceed with work on the matter related to traffic control workers' wage disparity and safety without waiting for County issues to be resolved. Assistant City Manager Allen stated that the staff's goal was to return to the City Council meeting on September 12 with draft ordinances for the City Council’s consideration regarding minimum wage for traffic control workers, required contractor reporting, and project labor agreements for City-owned property and subsidized housing projects. A majority of the City Council supported the staff’s proposed action. 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann spoke regarding his attendance at the following recent events: Boards and Commission reception, meeting with the National Association of Minority Contractors, Fire Fighter's Academy, Parks and Recreation Day at Memorial Park, the Page 24 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 11 groundbreaking of the Chula Vista Elementary School District Transportation Center and Police Department's National Night Out. He thanked the Downtown Village Association and City Manager Kachadoorian for the purchase of tables and chairs for Third Avenue. At the request of Mayor McCann, there was a consensus of the City Council to direct the City Manager to review local encampment ordinances and report on potential actions that could be implemented in Chula Vista to move homeless efforts forward. 11. COUNCILMEMBERS’ COMMENTS Councilmember Chavez provided an MTS Board meeting update. She also spoke regarding her attendance at the following recent events: the Police Department's National Night Out, a visit to the 24-hour Aria Cleaners, and Parks and Recreation Day. Councilmember Gonzalez thanked his staff for keeping him engaged in the community. Deputy Mayor Preciado thanked the City Manager and her team for their high level of engagement and professionalism in the discussion and clarification of items. He commended Mayor McCann for his continued engagement in the operation of City Council meetings. At the request of Deputy Mayor Preciado, there was a consensus of the City Council to add an item to the next meeting agenda to consider forming a sub-committee with himself and Mayor McCann, to work on challenges and concerns impacting Downtown Third Avenue. At the request of Councilmember Cardenas, there was a consensus of a majority of the City Council to direct the City Manager to draft a letter on behalf of the City supporting AB399, County Water Authority Act. At the request of Councilmember Cardenas, there was a consensus of the City Council to direct staff to research and return with a healthcare worker's minimum wage ordinance at a September City Council meeting. 11.1 Councilmember Chavez: Ratification of Appointment to the Following Commission: Heath Wellness and Aging Commission - Pat Mallen Moved by Councilmember Chavez Seconded by Councilmember Cardenas To ratify the appointment of Pat Mallen to the Health Wellness and Aging Commission. Yes (5): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (5 to 0) 12. CITY ATTORNEY'S REPORTS There were none. Page 25 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-08 City Council Regular Meeting Minutes Page 12 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 Council would not discuss Item 13.1 B but would convene in closed session to discuss Item 13.1 A. Mayor McCann recessed the meeting at 10:12 p.m. The City Council convened in closed session at 10:25 p.m., with all members present. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9 (d)(1) (A) Name of case: Jacqueline Limon v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2021-00045866-CU-PA -CTL. ACTION: No Reportable Action. Pending finalization of settlement. (B) Name of Case: City of Chula Vista, et al. v. Joe Stephenshaw, as Director, et al.; California Court of Appeal, Third Appellate District; Case No. C094237. ACTION: Item was not discussed. 14. ADJOURNMENT The meeting was adjourned at 10:32 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 26 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Special Meeting of the City Council Meeting Minutes August 28, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado Absent: Mayor McCann Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Deputy Director City Clerk Services 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 meeting of the City Council of the City of Chula Vista was called to order at 5:03 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Chavez led the Pledge of Allegiance. 4. ACTION ITEMS 4.1 Emergency Proclamation: Ratification of the August 21, 2023 Proclamation of Existence of Local Emergency by the Director of Emergency Services of the City of Chula Vista and Report of the City Manager Regarding Emergency Response Efforts in the Community City Manager Kachadoorian and Emergency Services Manager King spoke regarding the item. Clerk Note: Excused absences pending City Council approval. Page 27 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2023-08-28 City Council Special Meeting Minutes Page 2 The following members of the public spoke in opposition to the staff recommendation:  Alan C., and gave a presentation and submitted written comments  John Acosta  Paul Henkin  Consuelo  Sherri Woody  Joseph Leshen  Eva Adolfsson The following members of the public submitted written comments in opposition to the staff recommendation:  Truth  Paul Henkin  Robert Johnson Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2023-124, heading read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado Carried (4 to 0) Item 4.1 heading: RESOLUTION NO. 2023-124 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PURSUANT TO CHAPTER 2.14 OF THE CHULA VISTA MUNICIPAL CODE RATIFYING THE PROCLAMATION OF EXISTENCE OF LOCAL EMERGENCY OF THE DIRECTOR OF EMERGENCY SERVICES OF THE CITY OF CHULA VISTA 5. ADJOURNMENT The meeting was adjourned at 5:39 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 28 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 276 Fourth Ave Chula Vista California 91910 Office (619)691 -5044 Fax (619476 -5379 Jpreciado@chulavistaca,gov MEMORANDUM DEPUTY MAYOR JOSE PRECIADO DATE: August 8, 2023 TO: City Manager, City Clerk, Honorable Mayor and Councilmembers FROM: Deputy Mayor Jose Preciado SUBJECT: Request for Excused Absence Dear Mayor & Councilmembers, Please excuse my absence from the Special City Council meeting on August 8th, 2023 at 3:00 p m. Unable to attend due to co nflicting time with myregular work hours. Sincerely, Jose Preciado Deputy Mayor District 2 Page 29 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda DATE: September 5, 2023 TO: Deputy Mayor and Councilmembers CC: City Manager, City Clerk, City Attorney FROM: Mayor John McCann SUBJECT: Request for Excused Absence Dear Deputy Mayor and Councilmembers, Please excuse my absence from the Special City Council meeting on August 28, 2023. I was unable to attend due to serving with Active Duty with the U.S. Navy. Sincerely, John McCann Mayor Page 30 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Grant Award and Appropriation: Accept a Grant from Public Risk Innovation, Solutions, and Management for Animal Care Services, and Amend the Fiscal Year 2023/24 Budget by Appropriating Funds For that Purpose Report Number: 23-0181 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 and appropriating a grant award from Public Risk Innovation, Solutions, and Management (PRISM) in the amount of $25,000 to be used towards the cost and installation of a security camera system at the Animal Care Facility (CIP Project GGV0266). (4/5 Vote Required) SUMMARY Animal Services has received a matching grant of $25,000 from the Public Risk Innovation, Solutions, and Management (PRISM) Property Program, which will be used towards the cost of purchase and installation of a wired and wireless video surveillance camera system. Adoption of this action accepts and appropriates the grant award. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) because the proposed project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Page 31 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The PRISM matching grant will be used toward the cost and installation of a security camera system that will be configured and installed in and around the Chula Vista Animal Care Facility (CVACF), a department of the City of Chula Vista. The vendor shall also provide training on the use of the system to CVACF and Information Technology Services department personnel. The camera system sought under this effort will provide the CVACF with security for early identification of threats, damage to property, or theft of property while providing a recorded documentation of the areas under surveillance. The desired result will have quality recorded product that can be used in a court of law to prosecute violators. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution will result in an appropriation of both revenue and expenditures in the amount of $25,000 in the Other Grants Fund and an increase to CIP project GGV0266. These changes result in no net fiscal impact to the General Fund and the Other Grants Fund. The estimated cost of this project is $104,920 (including contingencies). GGV0266 Security Cameras at Civic Center currently has an available balance of $79,920. These funds will serve as the match to the PRISM grant. PROJECT COSTS (Rounded) A. Project Cost $94,428 B. Contingencies (10%) $10,492 TOTAL $104,920 FUNDING SOURCES (ROUNDED) GGV0266 (General Fund) $79,920 New Appropriation GGV0266 (Other Grants Fund) $25,000 TOTAL $104,920 ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Page 32 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 ATTACHMENTS None Staff Contact: Eric C. Crockett, Deputy City Manager Page 33 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT FROM PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM) AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Chula Vista Animal Care Facility applied for and was awarded grants through the Public Risk Innovation, Solutions and Management; and WHEREAS, the Animal Care Facility will use these funds towards the cost of purchase and installation of a wired and wireless video surveillance camera system at the Chula Vista Animal Care Facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the grant from Public Risk Innovation, Solutions and Management and approves an appropriation of $25,000 to the Fiscal Year 2023/24 Budget to the Revenue and Other Expense Category in the Other Grants Fund and CIP Project. Presented by Approved as to form by Eric C. Crockett Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 34 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Contract Award and Appropriation: Award a Public Works Contract to Jennette Company, Inc. for the Agua Vista Pump Station Upgrades (SWR0286) Project and Appropriate Funds for that Purpose Report Number: 23-0187 Location: Agua Vista Pump Station (800 Agua Vista Drive, Chula Vista, CA 91914) Department: Engineering and Capital Projects Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Structures). Recommended Action Adopt a resolution A) awarding a public works contract to Jennette Company Inc. for the “Agua Vista Pump Station Upgrades (SWR0286)” project in the amount of $929,789; and B) appropriating funds to cover the projected costs of the construction phase of the project. (4/5 Vote Required) SUMMARY On July 12, 2023, the Director of Engineering and Capital Projects received four (4) sealed bids for the “Agua Vista Pump Station Upgrades (SWR0286)” project. After review of the bids, staff recommends awarding a public works contract to the lowest responsive and responsible bidder, Jennette Company Inc. Adoption of the resolution would: 1) accept bids; 2) appropriate $1,060,000 from the available balance of the Sewer Facility Replacement Fund to the Agua Vista Pump Station Upgrades (SWR0286) project; and 3) award the public works contract for the construction phase of the project to Jennette Company Inc. in the amount of $929,789. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Page 35 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 Structures) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Agua Vista Pump Station Upgrades (SWR0286)” project will primarily consist of the following improvements:  Installation of new pumps, valves, discharge piping, and appurtenances;  Relocation of the existing Pump Control Panel, new level transmitter panel, and new on-site lighting; and  New canopy structures, rehabilitation of the existing water spray systems, removal of the existing bioxide chemical metering pumps, new utility sink, and a new battery backup. Bidding Process On June 9, 2023, Engineering and Capital Projects Staff advertised the project. Four (4) sealed bids were received on July 12, 2023. The submitted base bid totals from the prime contractors were as follows: Ranking Contractor Submitted Bid Amount 1 Mangano Design Engineering Permitting $21,000 2 Jennette Company, Inc. $929,789 3 SWC Contracting Corporation $1,246,558 4 Blue Pacific Engineering Construction, Inc. $1,350,200 The lowest bid for the project, submitted by Mangano Design Engineering Permitting, omitted all the required bid submittal documents. Staff determined that the bid submitted by Mangano Design Engineering Permitting is non-responsive and not eligible for project award. Additionally, the fourth lowest bid for the project, submitted by Blue Pacific Engineering Construction, Inc. omitted signatures on the required addenda released during the bidding period. Staff determined that the bid submitted by Blue Pacific Engineering Construction, Inc. is non-responsive and not eligible for project award. The bid submitted by Jennette Company, Inc. of $929,789, is approximately 11% above the Engineer’s estimate of $840,000. Jennette Company, Inc. currently holds an active Class A General Contractor License (License No. 1007413). Staff recommends accepting bids, awarding the public works contract for the “Agua Vista Pump Station Upgrades (SWR0286)” project to the lowest responsive and responsible bidder, Jennette Company, Inc., and appropriating $1,060,000 in Sewer Facility Replacement funds to cover the projected construction costs as detailed in the Current Year-Fiscal Impact section below. Page 36 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 Disclosure Statement Attachment 1 is a copy of the Contractor’s Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations, State of California. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will appropriate $1,060,000 in Sewer Facility Replacement funds to CIP SWR0286 to cover the projected costs for the construction phase of the project, as well as to cover staff costs associated with oversight of the project. There are sufficient funds available in the Fund Balance of the Sewer Facility Replacement Fund for this appropriation. The following is a summary of the anticipated project costs: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $929,789 B. Contract Contingency (Approx. 15%) $135,731 C. Construction Support (Approx. 55%) $508,770 D. Project Closeout (Approx. 1%) $12,350 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $1,586,640 FUNDS AVAILABLE FOR CONSTRUCTION A. Sewer Facility Replacement funds – SWR0286 $526,640 B. New Appropriation – Sewer Facility Replacement funds $1,060,000 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $1,586,640 ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require routine sewer facility maintenance which will incur additional costs to the Sewer Facility Replacement fund. These expenses will be considered as part of the annual budget development process in future years. Page 37 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 ATTACHMENTS 1. Disclosure Statement Staff Contact: William Valle, Director of Engineering and Capital Projects Tim Jones, Associate Engineer Page 38 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING A CONTRACT FOR THE “AGUA VISTA PUMP STATION UPGRADES (SWR0286)” PROJECT TO JENNETTE COMPANY INC., AND APPROPRIATING FUNDS THEREFOR WHEREAS, Chula Vista Municipal Code section 2.56.160 authorizes the City to contract for public works; and WHEREAS, on June 9, 2023, the Department of Engineering and Capital Projects solicited bids for the “Agua Vista Pump Station Upgrades (SWR0286)” project (“Project”) in accordance with Chula Vista Municipal Code section 2.56.160(A); and WHEREAS, on July 12, 2023, the Director of Engineering and Capital Projects received four (4) bids for the Project; and WHEREAS, the lowest responsive bid for the Project was submitted by Jennette Company Inc. in the amount of $929,789, which is higher than the Engineer’s estimate of $840,000 by $89,789 (or approximately 11%); and WHEREAS, staff has determined that the bid submitted by Jennette Company Inc. is responsive in all material respects to the bid specifications and requirements, and that Jennette Company Inc. is the lowest responsive and responsible bidder; and WHEREAS, staff recommends awarding the public works contract for the Project to Jennette Company Inc. in the amount of $929,789. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Accepts bids for the “Agua Vista Pump Station Upgrades (SWR0286)” project. 2. Awards the public works contract for the “Agua Vista Pump Station Upgrades (SWR0286)” project to Jennette Company Inc. in the amount of $929,789. 3. Appropriates $1,060,000 from the available fund balance of the Sewer Facility Replacement Fund to CIP SWR0286. Presented by Approved as to form by William S. Valle Jill D.S. Maland Director of Engineering and Capital Projects/ Lounsbery Ferguson Altona & Peak City Engineer Acting City Attorney Page 39 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda CRTY OF CHULA,- /ffSTA ! ; ISfC,C)SU E STATEMENT Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council, Planning Commission and all other official bodies of the Cit)/ of Chula Vista (the "City"), a statement of disclosure of certain ownership or financial interests, payments. or campaign contributions for a Cite election must be filed. The following information must be disclosed: List the names of all persons having a financial interest in the property that is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. J ennette Company, Inc- 2. nc2. If any person- identified pursuant to item one (1) above is a corporation or partnership, list the names of all individuals v-vith a two thousand dollars ("02,000) investment in the business corporation/partnership) entity. Brian IPnnette 3. If any person* identified pursuant to item one (1) above is a non-profit organization or trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. 4. Please identify every person, including any agents, employees, consultants, or independent contactors you have assigned to represent you before the City in this matter. 5. Has any person" associated with this contract had any financial dealings with an official** of the City as it relates to this contract Avithin the past twelve (12) months? Yes Nom _ 22 O: ! ProjectsOPR02s6 - Agan ! "isla Prarrp SlationIBid Pac/agelFrow EndWrevailing, Wane Bic/ Packq-,e (0 3.03.03) SUIW0286.docx Rev.3/3/2023 Page 40 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda If Yes, briefly describe the nature of the financial interest the official may have in this contract. 6. Have you made a contribution of more than two hundred fifty dollars ($250) within the past twelve 12) months to a current member of the Chula Vista City Council? No _X_ Yes _ If yes, which Council member? 7. Have you provided more than three hundred forty dollars ($340), or an item of equivalent value, to an official" , of the City in the bast twelve (12) months? (This includes being a source of income, motley to retire a legal debt, gift, loan, et(.-.) Yes No x If Wes, which official"' and what was the nature of item provided? Date: July 5, 2023 Tennette C'nmnnnv. Tnc Brian jennette Name of Company, Firm or Entity Print or type name of Contractor/Applicant President Title Person is defined as: any individual, firm, co -partnership, ,joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, MUnlcipality, district, or other political subdivision, or any other group or combination acting as a Unit. Officlat includes, bUt is riot Iirnited to: Mayor, COUncII member, ptannitic, Commissioner, Member of a board, commission, or committee of the City, employee, or staff members. 23 O:I ProjecisWKR02s6 - Agua f'isici Pzmip S7alio)ilBid PackageiFroi?i ErndlPrel?ailin- Id"a e Gid Package (2023.03,03) SGNR02S6 docx Rev.3'3. 202 3 Page 41 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Apparatus/Vehicle Purchases: Approve the Purchase of One Pierce Enforcer Urban Search & Rescue and Three Unruh Type 6 Squad Apparatus, and Appropriate Funds for the Urban Search & Rescue Apparatus and Other Various Non-Safety Vehicles Report Number: 23-0084 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution 1) approving the purchase of one Pierce Enforcer Urban Search & Rescue apparatus, 2) approving the purchase of three Unruh Type 6 Squad apparatus, and 3) amending the Fiscal Year 2023/24 budget by appropriating $2,443,764 to the Measure P Fund for the Urban Search & Rescue apparatus and various non-safety vehicle purchases. (4/5 Vote Required) SUMMARY The Chula Vista Fire Department delivers Fire, Rescue, and Emergency Medical Services to Chula Vista residents, visitors, and employees daily. Emergency response service delivery is provided with several different types of apparatus, including triple combination pumped/fire engines, aerial ladder trucks, heavy rescue, brush engines, type 6 squads, and command vehicles. The Fire Department continues to replace fire apparatus as part of the initial phase of the City’s 10-year Measure P Expenditure Plan specific to the Fire Department’s fire apparatus replacement plan. The Fire Department is requesting authorization to purchase one Pierce Enforcer Urban Search & Rescue with South Coast Fire Equipment, on a sole source basis, to replace the existing apparatus that will be transitioned into our reserve fleet. Additionally, the Chula Vista Fire Department is requesting authorization to purchase three Unruh Type 6 Squad apparatus from Emergency Vehicle Group on a sole source basis. The Squads will be used to expand the fire department response network in accordance with the Measure A Public Safety Expenditure Plan. Page 42 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 The Measure P Expenditure Plan includes funding for the purchase of an Urban Search & Rescue apparatus and various vehicles for non-safety departments in fiscal year 2024-25. Staff is requesting to move that funding to fiscal year 2023-24 due to extended lead times on safety and non-safety vehicle purchases. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The purchases of the Pierce Enforcer Urban Search & Rescue apparatus and various other vehicles are in compliance with the Measure P Expenditure Plan. These recommended changes were scheduled to be presented to the Measure P Citizens’ Oversight Committee (COC) on July 27, 2023. Due to a lack of a meeting quorum, the Measure P COC was unable to take action on the Measure P Spending Plan update. The purchase of the three Unruh Type 6 Squads is in compliance with the existing Measure A Expenditure plan. DISCUSSION The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City and surrounding jurisdictions. As part of the Fire Department’s continued execution of the City’s 10-year Measure P Expenditure Plan specific to the fire apparatus and equipment replacements, replacement of the Urban Search & Rescue apparatus is necessary. Replacement of the Urban Search & Rescue apparatus aligns with the City’s 10-year Measure P expenditure plan. These efforts are significant and provide for improved overall quality, reliability, cost effectiveness and safety of the fire apparatus fleet. Furthermore, the purchase of the three Unruh Type 6 Squad apparatus will further enhance response resources in the eastern side of the City by improving service delivery performance outcomes identified in the Measure A Public Safety Expenditure Plan. Pierce Urban Search & Rescue Apparatus The Fire Facility Master Plan includes an addendum that details the recommended apparatus replacement cycles to include 10 to 12 years of frontline service, plus five years of reserve service, for a total service life of 17 years. National Fire Protection Association (“NFPA”) Standard 1901 on Automotive Fire Apparatus and other National Fleet Maintenance Organizations recommend large vehicle replacements based on several criteria to include years of service, mileage, maintenance costs, functional obsolescence, and inability to obtain prior parts as well as technology and safety improvements. The current Urban Search & Rescue apparatus (“US&R”) being replaced was placed into service in 2019, which puts its current service at approximately 4 years. There is currently a 33-month manufacturing lead time before a new apparatus is expected to be received, that would then need to be outfitted prior to being placed into service. This lead time would put the current apparatus’s service term at approximately seven years by the time it is replaced. The existing US&R would move to our reserve fleet once the new US&R is placed into service. By placing the existing US&R into our reserve fleet, the Fire Department would be able Page 43 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 to replace the current reserve US&R, which is currently at 20 years of service, exceeding NFPA standards of 17 years of service. The proposed US&R purchase is with South Coast Fire Equipment, on a sole source basis pursuant to Chula Vista Municipal Code section 2.56.070(B)(4) (unique compatibility requirements), for the Pierce manufactured fire apparatus. The Fire Department uses Pierce Manufacturing to purchase frontline operational emergency response vehicles for several critical reasons: 1. Equipment Standardization: providing the same type of emergency response apparatus is critical to provide a standard approach to training all personnel. This ensures that our personnel can operate fire apparatus at a competent level while under the duress of emergency response. 2. Safety: Fire personnel are regularly moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. The purchase of the new fire apparatus will continue to improve the overall quality, reliability, cost effectiveness and safety of the City’s fire apparatus fleet. The Fire Department has received a quote from South Coast for the purchase of one Pierce Enforcer US&R for the quoted purchase price total of $1,777,286.13. The Fire Department is recommending a 5% overage to account for any change order needs in the manufacturing process, bringing the total to $1,866,150.44, to be purchased using the Fire Department Vehicle/Apparatus allocations of the Measure P expenditure plan. The Fire Department is requesting an appropriation of funds to the Measure P fiscal year 2023-24 Sales Tax Fund for this purchase. Unruh Type 6 Squad Apparatus The Measure A Public Safety Expenditure plan includes the purchase of the three Unruh Type 6 Squad apparatus (“Squads”). Acknowledging an 18-month build time, purchasing the Squads in fiscal year 2023-24 would allow the units to be placed into the service network at the pre-identified times. The Squads will provide additional needed distribution of response resources in the western and central portions of the City and will provide four firefighters (one Fire Safety Paramedic and one Fire Safety EMT on each Squad) daily. Implementation of this recommendation is anticipated to improve service delivery performance outcomes in the service areas of fire stations 1, 2, 3, 4, and 9. The proposed Squads purchase is with Emergency Vehicle Group, on a sole source basis pursuant to Chula Vista Municipal Code section 2.56.070(B)(4) (unique compatibility requirement), for the Unruh manufactured fire apparatus. The Fire Department uses Unruh Fire to purchase frontline emergency response vehicles for several critical reasons: 1 Equipment Standardization: providing the same type of emergency response apparatus is critical to provide a standard approach to training all personnel. This ensures that our personnel can operate fire apparatus at a competent level while under duress of emergency response. 2 Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and Page 44 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. The Fire Department has received a quote from Emergency Vehicle Group for the pu rchase of three Unruh Type 6 Squads for the quoted purchase price of $982,867.98. The Fire Department is recommending a 5% overage to account for any change order needs in the manufacturing process, bringing the total to approximately $1,035,000. The purchase is already included in the fiscal year 2023-24 Measure A Sales Tax Fund budget. Non-Public Safety Vehicle Purchases The Measure P Expenditure Plan included $322,387 for non-safety vehicles in fiscal year 2023-24. The non- safety vehicles recommended for replacement in fiscal year 2023-24 total approximately $900,000. Staff recommends moving the planned funding of $577,613 from fiscal year 2024-25 to fiscal year 2023-24 in order to replace the vehicles recommended for replacement in the current fiscal year. This will exhaust the current Measure P funds allocated for non-safety vehicle purchases. Additional funding will be needed in future fiscal years for vehicle replacement. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Urban Search & Rescue Apparatus The cost to purchase one Pierce Enforcer Urban Search and Rescue apparatus is estimated to total $1,866,151. This action appropriates $1,866,151 from the available fund balance of the Measure P Sales Tax Fund to accelerate the purchase of this apparatus from fiscal year 2024-25 to fiscal year 2023-24. The order will be placed with vendor South Cost Fire Equipment upon Council approval. Lead time on delivery of the apparatus is approximately 33 months. Payment for the apparatus is due upon delivery (expected fiscal year 2025-26). Type 6 Squads The total cost to purchase three Unruh Type 6 Squad apparatus is approximately $1,035,000. Sufficient funds were included in the fiscal year 2023-24 Measure A Sales Tax Fund budget and no additional appropriation is required. The order will be placed with the vendor Emergency Vehicle Group upon Council approval. Lead time on delivery of the three apparatus is approximately 18 months. Payment for the apparatus is due upon delivery (expected fiscal year 2024-25). Page 45 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 5 Non-Safety Vehicles The cost for non-safety vehicle purchases anticipated in the current fiscal year totals $900,000. Of this amount, $322,387 was included in the fiscal year 2023-24 Measure P Sales Tax Fund budget. The remaining $577,613 will be appropriated from the available fund balance of the Measure P Sales Tax Fund with this action, accelerating these planned purchases from fiscal year 2024-25 to fiscal year 2023-24. ONGOING FISCAL IMPACT The US&R apparatus is a replacement as opposed to an addition to the fleet, therefore any additional fuel and maintenance costs for the frontline apparatus and apparatus being moved into the reserve fleet are already included in the Fire Department’s ongoing operational budget. The three Squads will be additions to the response network and funds for maintenance are accounted for in the Measure A-Public Safety Expenditure Plan. Ongoing fuel and maintenance for the non-safety vehicles will be considered as part of the annual budget process which will include additional positions for mechanic support. ATTACHMENTS 1. Attachment 1: US&R Front Sheet 2. Attachment 2: Squad Front Sheet Staff Contact: Emily Folker, Principal Management Analyst, Fire Department Pete Mercado, Deputy Chief, Fire Department Angelica Aguilar, Assistant Director, Public Works Page 46 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF ONE URBAN SEARCH & RESCUE AND THREE SQUAD FIRE APPARATUS AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Chula Vista Fire Department delivers Fire, Rescue, and Emergency Medical Services to Chula Vista residents, visitors, and employees every day; and WHEREAS, emergency response services are provided with several different types of fire apparatus including triple combination pumpers/engines, aerial ladder trucks, heavy rescue, brush engines, and command vehicles; and WHEREAS, the Fire Department continues to execute fire apparatus replacements as part of the City’s 10-year Measure P Expenditure Plan specific to fire apparatus replacements; and WHEREAS, the Fire Department continues to move toward compliance with the recommended fire apparatus replacement cycles identified in the Council-approved Fire Department Fire Facility Master Plan (“Master Plan”); and WHEREAS, the Fire Department recommends, and the Purchasing Agent has approved, sole source purchases in accordance with Chula Vista Municipal Code section 2.56.070(B)(4), because the apparatuses to be purchased are uniquely manufactured, available from only one known source, and meet the Fire Department’s compatibility requirements; and WHEREAS, the Fire Department is recommending a sole source purchase with South Coast Fire Equipment for the acquisition of one Pierce Enforcer Urban Search & Rescue for the price of $1,777,286.13 plus 5% contingency, for a total anticipated cost of $1,866,150.44, to replace fire apparatus as contemplated in the Master Plan; and WHEREAS, staff is recommending an amendment to the fiscal year 2023-24 budget for the Measure P Sales Tax Fund, appropriating $1,866,151 for the early purchase of this apparatus; and WHEREAS, the Fire Department continues to enhance response resources in the eastern side of the City by improving service delivery performance outcomes identified in the Measure A Public Safety Expenditure Plan; and WHEREAS, the Fire Department is recommending a sole source purchase with Emergency Vehicle Group for the acquisition of three Unruh Type-6 Squad apparatus for the price of $982,867.98 plus 5% contingency, for a total anticipated cost of $1,035,000; and WHEREAS, staff further recommends that $577,613 included in the fiscal year 2024-25 Measure P Spending Plan for the purchase of non-safety vehicles be appropriated instead in fiscal Page 47 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda year 2023-24, so that staff can move forward with ordering all non-safety vehicles recommended for replacement in the current fiscal year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the purchase of one Pierce Enforcer Urban Search & Rescue from South Coast Fire Equipment, in accordance with Chula Vista Municipal Code section 2.56.070, and authorizes the City Manager, in consultation with the City Attorney, to negotiate and execute all documents to finalize such purchase. 2. Approves the purchase of three Unruh Type 6 Squads from Emergency Vehicle Group, in accordance with Chula Vista Municipal Code section 2.56.070, and authorizes the City Manager, in consultation with the City Attorney, to negotiate and execut e all documents to finalize such purchase. 3. Appropriates $2,443,764 to the Measure P Fund in fiscal year 2023-24. Presented by Approved as to form by By: Harry Muns Jill D.S. Maland Fire Chief Lounsbery Ferguson Altona & Peak Acting City Attorney Presented by Matthew Little Director of Public Works Page 48 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Extension (1 ) 1,634,270.00$ Sales Tax @ 8.750%142,998.63$ 1,777,268.63$ Performance Bond -$ California Tire Fee 17.50$ Consortium Fee Not Applicable -$ 1,777,286.13$ 960-990 South Coast Fire Equipment, Inc. Tim Olley Sales Representative APPARATUS COST WITH TAX 17.50$ calender days after receipt of this order and the acceptance thereof at our office Not Required 1,777,268.63$ 1,777,286.13$ -$ reserved to withdraw this proposition. obtain chassis, materials, or other causes beyond our control not preventing, within about to the price set forth above. Unless accepted within 30 days from the specified date, the right is in Ontario, California, and to be delivered to you at Chula Vista in or additions to said DOT or NFPA standards will be passed along to the customer as an addition guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by by the company of the order to purchase, and provided such alterations do not materially affect and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) The specifications herein contained shall form a part of the final contract and are subject to 1,634,270.00$ Pierce Enforcer Urban Search and Rescue as per enclosed proposal for delivery sum of the cost of the construction of the apparatus. PLEASE NOTE THE FOLLOWING ABOUT THIS QUOTATION: the specifications hereto attached, delays due to strikes, war or international conflict, failures to Respectfully Submitted, Payment options are available and are included under separate cover. One of these options customer specifications. Any increased costs incurred by the first party because of future changes changes desired by the purchaser, provided such alterations are interlined prior to the acceptance may save your department a significant amount of money! The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules 142,998.63$ -$ Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with TOTAL PURCHASE PRICE PROPOSAL FOR FURNISHING FIRE APPARATUS for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Ontario, California, Each July 24, 2023 CHULA VISTA FIRE DEPARTMENT The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices: Chula Vista CA. 91910 276 Forth Ave. One Page 49 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda President & CEO August 22, 2023 Chula Vista Fire Department 276 Fourth Avenue Sincerely, Travis Grinstead Attention: Battalion Chief Chris Manroe Battalion Chief Chris Manroe On behalf of Emergency Vehicle Group, Inc., I would like to thank you for the opportunity to provide you with the following offer for Chula Vista Fire Department to purchase One (1) Unruh Fire Brush Truck(s) on a Dodge 5500, 4 x 4, Diesel Powered Four Door Crew Cab Chassis. Emergency Vehicle Group, Inc. (EVG) is proud to be in the business of serving those who bravely serve our communities and help ensure the safety of our families and friends. Our pledge is to offer you the same quality of service and expertise that is demanded from you. Over the years we have introduced fire departments, municipalities and private companies to the absolute best in service, sales and support for emergency vehicle products. We proudly serve California, Arizona and Nevada and offer you premium custom products along with the best value available in the industry. EVG accomplishes this by representing Spartan Emergency Response, SMEAL Fire Apparatus, Ladder Tower, SVI Trucks, Unruh Fire, Wheeled Coach Ambulance and Road Rescue Ambulance as well as offering ambulance remount services and command vehicles built by EVG. EVG employs EVT and ASE Certified Mechanics with decades of experience in servicing emergency vehicles, fire apparatus and ambulances. EVG recognizes the importance of these vehicles as a life saving device and take great pride in serving those that bravely serve and protect us. Our corporate office and service facility is located in Anaheim, CA. Our mission is to develop long-term relationships and provide our customers with “honest, intelligent effort” in everything we do for you. We are committed to do whatever it takes to surpass customers’ expectations by continually improving upon what we do. All of us at Emergency Vehicle Group, Inc. believe in long-term relationships and we look forward to the opportunity of working with you and Chula Vista Fire Department. I would again like to thank you for the opportunity. Everyone at EVG offers you our sincere pledge of “Honest, Intelligent Effort” in everything we do for you now, and in the future. RE: Offer to Provide One (1) Unruh Fire Brush Truck(s) Chula Vista, CA 91910 ChulaVistaFD_CA_Unruh_Type_6_EVG Order Summary Rev 10.8.xlsm 2883 E. Coronado St. Anaheim, CA 92806 Tel: 714-238-0110 Fax: 714-238-0120 www.evginc.net Page 50 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Said apparatus and/or equipment to be built and shipped in accordance with the specifications/work order reference number and any associated drawing(s) as provided. The specifications/work order/drawings herein contained will form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by Emergency Vehicle Group, Inc. of the purchase order or executed contract, and provided such alterations do not materially affect the cost of the construction of the apparatus. The apparatus and/or equipment will be ready for delivery approximately 450 days after receipt of valid purchase order or executed contract, not including chassis and materials delays, or other causes beyond our control. The proposal for apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of the proposal, and with all applicable guidelines for Emergency Apparatus as published at time of the proposal, except as modified by the referenced specifications. Any increased costs incurred by the seller because of future changes in or additions to said standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from date of proposal (listed above), the right is reserved to withdraw this proposition. Respectfully Submitted, Travis Grinstead President & CEO PROPOSAL Extended PricePrice Each August 22, 2023Battalion Chief Chris Manroe Chula Vista Fire Department 276 Fourth Avenue Chula Vista, CA 91910 The undersigned is prepared to provide for the Chula Vista Fire Department, upon receipt of a valid purchase order or a fully executed contract for final acceptance by Emergency Vehicle Group, the apparatus and equipment herein named and for the following prices: Description CA Sales Tax (Based on Rate of 8.75%) DMV Fees Tire Fee $10.50 $0.00 $10.50 $0.00 $26,353.16 $0.00 $0.00 $327,622.66 $0.00 $0.00 $0.00 One (1) Unruh Fire Brush Truck(s) on a Dodge 5500, 4 x 4, Diesel Powered Four Door Crew Cab Chassis $0.00 $0.00 $327,622.66 $301,179.00 $0.00 $26,353.16 $80.00 Total Purchase Price $301,179.00 $80.00 ChulaVistaFD_CA_Unruh_Type_6_EVG Order Summary Rev 10.8.xlsm 2883 E. Coronado St. Anaheim, CA 92806 Tel: 714-238-0110 Fax: 714-238-0120 www.evginc.net Page 51 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda This Purchase Agreement (together with all attachments referenced herein, the "Agreement"), made and entered into by and between Emergency Vehicle Group, Inc, a Nevada corporation ("EVG"), and Chula Vista Fire Department ("Customer") is effective as of the date specified in Section 3 hereof. 1. Definitions. a. "Product" means the apparatus and any associated equipment manufactured or furnished for the Customer by EVG pursuant to the Specifications b. "Specifications" means the general specifications, technical specifications, training, and testing requirements for the Product contained in the EVG Proposal for the Product c. "EVG Proposal" means the proposal provided by EVG attached as an attachment prepared in response to the Customer's request d. "Delivery" means the date EVG is prepared to make physical possession of the Product available to the Customer e. "Acceptance" The Customer shall have fifteen (15) calendar days of Delivery to inspect the Product for substantial conformance with the material Specifications; unless EVG receives a Notice of Defect within fifteen (15) calendar days of Delivery, the Product will be deemed to be in conformance with the Specifications and accepted by the Customer 2. Purpose. This Agreement sets forth the terms and conditions of EVG's sale of the Product to the Customer. 3. Term of Agreement. This Agreement will become effective on the date it is signed and approved by EVG's authorized representative pursuant to Section 22 hereof ("Effective Date") and, unless earlier terminated pursuant to the terms of this Agreement, it will terminate upon the Customer's Acceptance and payment in full of the Purchase Price. 4. Purchase and Payment. The Customer agrees to purchase the Product specified for the total purchase price of Three Hundred Twenty Seven Thousand Six Hundred Twenty Two Dollars and Sixty Six Cents ($327,622.66) ("Purchase Price"). Prices are in U.S. funds. 5. Future Changes. Various state or federal regulatory agencies (e.g. NFPA, KKK, DOT, EPA) may require changes to the Specifications and/or the Product and in any such event any resulting cost increases incurred to comply there with will be added to the Purchase Price to be paid by the Customer. In addition, any future drive train upgrades (engine, transmission, axles, etc.), or any other specification changes have not been calculated into our annual increases and will be provided at additional cost. To the extent practicable, EVG will document and itemize any such price increases for the Customer. 6. Agreement Changes. The Customer may request that EVG incorporate a change to the Products or the Specifications for the Products by delivering a change order to EVG; provided, however, that any such change order must be in writing and include a description of the proposed change sufficient to permit EVG to evaluate the feasibility of such change ("Change Order"). Within [seven (7) business days of receipt of a Change Order, EVG will inform the Customer in writing of the feasibility of the Change Order, the earliest possible implementation date for the Change Order, of any increase or decrease in the Purchase Price resulting from such Change Order, and of any effect on production scheduling or Delivery resulting from such Change Order. EVG shall not be liable to the Customer for any delay in performance or Delivery arising from any such Change Order. A Change Order is only effective when counter- signed by EVG's authorized representative. Purchase Agreement ChulaVistaFD_CA_Unruh_Type_6_EVG Order Summary Rev 10.8.xlsm 2883 E. Coronado St. Anaheim, CA 92806 Tel: 714-238-0110 Fax: 714-238-0120 www.evginc.net Page 52 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Purchase Agreement for Emergency Apparatus (continued) 7. Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion, EVG may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by EVG; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. EVG endeavors to mitigate any such costs through the sale of such Product to another purchaser; however Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by EVG upon sale of the Product to another purchaser, plus any costs incurred by EVG to conduct any such sale. 8. Delivery, Inspection and Acceptance. (a) Delivery. Delivery of the Product is scheduled to be within 450 days of the Effective Date of this Agreement, F.O.B. Chula Vista CA. Risk of loss shall pass to Customer upon Delivery. (b) Inspection and Acceptance. Upon Delivery, Customer shall have fifteen (15) days within which to inspect the Product for substantial conformance to the material Specifications, and in the event of substantial non-conformance to the material Specifications to furnish EVG with written notice sufficient to permit EVG to evaluate such non-conformance ("Notice of Defect"). Any Product not in substantial conformance to material Specifications shall be remedied by EVG within thirty (30) days from the Notice of Defect. In the event EVG does not receive a Notice of Defect within fifteen ( 15) days of Delivery, Product will be deemed to be in conformance with Specifications and Accepted by Customer. 9. Notice. Any required or permitted notices hereunder must be given in writing at the address of each party set forth below, or to such other address as either party may substitute by written notice to the other in the manner contemplated herein, by one of the following methods: hand delivery; registered, express, or certified mail, return receipt requested, postage prepaid; or nationally-recognized private express courier: Emergency Vehicle Group, Inc. 2883 East Coronado Street Amaheim, CA 92806 Chula Vista Fire Department 276 Fourth Avenue Chula Vista, CA 91910 10. Standard Warranty. Any applicable warranties are attached hereto and made a part hereof. Any additional warranties must be expressly approved in writing by EVG's authorized representative. a. Disclaimer. OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER EVG, ITS AUTHORIZED MANUFACTURERS, AFFILIATES, SUBSIDIARIES, LICENSORS OR SUPPLIERS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES, MAKE ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, THE IMPLIED WARRANTY AGAINST INFRINGEMENT, AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. STATEMENTS MADE BY SALES REPRESENTATIVES OR IN PROMOTIONAL MATERIALS DO NOT CONSTITUTE WARRANTIES. b. Exclusions of Incidental and Consequential Damages. In no event shall EVG be liable for consequential, incidental or punitive damages incurred by Customer or any third party in connection with any matter arising out of or relating to this Agreement, or the breach thereof, regardless of whether such damages arise out of breach of warranty, tort, contract, strict liability, statutory liability, indemnity, whether resulting from non-delivery or from EVG's own negligence, or otherwise. ChulaVistaFD_CA_Unruh_Type_6_EVG Order Summary Rev 10.8.xlsm 2883 E. Coronado St. Anaheim, CA 92806 Tel: 714-238-0110 Fax: 714-238-0120 www.evginc.net Page 53 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Purchase Agreement for Emergency Apparatus (continued) 11. Insurance. EVG maintains the following limits of insurance with a carrier(s) rated A- or better by AM. Best: Commercial General Liability Insurance: Products/Completed Operations Aggregate: $1,000,000 Each Occurrence: $1,000,000 Umbrella/Excess Liability Insurance: Aggregate: $2,000,000 Each Occurrence: $2,000,000 The Customer may request: (x) EVG to provide the Customer with a copy of a current Certificate of Insurance with the coverages listed above; (y) to be included as an additional insured for Commercial General Liability (subject to the terms and conditions of the applicable EVG insurance policy); and (z) all policies to provide a 30 day notice of cancellation to the named insured 12. Indemnity. The Customer shall indemnify, defend and hold harmless EVG, its officers, employees, manufacturers, agents or subcontractors, from any and all claims, costs, judgments, liability, loss, damage, attorneys' fees or expenses of any kind or nature whatsoever (including, but without limitation, personal injury and death) to all property and persons caused by, resulting from, arising out of or occurring in connection with the Customer's purchase, installation or use of goods sold or supplied by EVG which are not caused by the sole negligence of EVG. 13. Force Majeure. EVG shall not be responsible nor deemed to be in default on account of delays in performance due to causes which are beyond EVG's control which make EVG's performance impracticable, including but not limited to civil wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorism, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similar to those within the scope of this clause) to perform their contracts or labor troubles causing cessation, slowdown, or interruption of work. 14. Default. True occurrence of one or more of the following shall constitute a default under this Agreement: (a) the Customer fails to pay when due any amounts under this Agreement or to perform any of its obligations under this Agreement; (b) EVG fails to perform any of its obligations under this Agreement; (c) either party becomes insolvent or become subject to a bankruptcy or insolvency proceedings; (d) any representation made by either party to induce the other to enter into this Agreement is false in any material respect; (e) the Customer dissolves, merges, consolidates or transfers a substantial portion of its property to another entity; or (f) the Customer is in default or has breached any other contract or agreement with EVG. 15. Manufacturer's Statement of Origin. It is agreed that the manufacturer's statement of origin ("MSO") for the Product covered by this Agreement shall remain in the possession of EVG until the entire Purchase Price has been paid. If more than one Product is covered by this Agreement, then the MSO for each individual Product shall remain in the possession of EVG until the Purchase Price for that Product has been paid in full. In case of any default in payment, EVG may take full possession of the Product, and any payments that have been made shall be applied as payment for the use of the Product up to the date of taking possession. ChulaVistaFD_CA_Unruh_Type_6_EVG Order Summary Rev 10.8.xlsm 2883 E. Coronado St. Anaheim, CA 92806 Tel: 714-238-0110 Fax: 714-238-0120 www.evginc.net Page 54 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Purchase Agreement for Emergency Apparatus (continued) President & CEO 18. Governing Law; Jurisdiction. Without regard to any conflict of laws provisions, this Agreement is to be governed by and under the laws of the state of California. 19. Facsimile Signatures. The delivery of signatures to this Agreement by facsimile transmission shall be binding as original signatures.20. Entire Agreement. This Agreement shall be the exclusive agreement between the parties for the Product. Additional or different terms proposed by the Customer shall not be applicable, unless accepted in writing by EVG's authorized representative. No change in, modification of, or revision of this Agreement shall be valid unless in writing and signed by EVG's authorized representative. 21. Conflict. In the event of a conflict between the Customer Specifications and the EVG Proposal, the EVG Proposal shall control. In the event there is a conflict between the EVG Proposal and this Agreement, the EVG Proposal shall control. 22. Signatures. This Agreement is not effective unless and until it is approved, signed and dated by EVG Manufacturing, Inc.' s authorized representative. Accepted and agreed to: 16. Independent Contractors. The relationship of the parties established under this Agreement is that of independent contractors and neither party is a partner, employee, agent, or joint venture of or with the other. 17. Assignment. Neither party may assign its rights and obligations under this Agreement unless it has obtained the prior written approval of the other party. Title Chula Vista Fire Department: Signature Printed Name Title Date 8/22/2023 Date Emergency Vehicle Group: Signature Travis Grinstead Printed Name ChulaVistaFD_CA_Unruh_Type_6_EVG Order Summary Rev 10.8.xlsm 2883 E. Coronado St. Anaheim, CA 92806 Tel: 714-238-0110 Fax: 714-238-0120 www.evginc.net Page 55 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Agreement: Approve an Agreement with The Regents of the University of California for Medical Director Services Report Number: 23-0212 Location: No specific geographic location Department: Fire Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an agreement with The Regents of the University of California on behalf of the University of California, San Diego for Medical Director services. SUMMARY In order to provide 911 medical response, first responder advanced life support, and Fire Department-based ambulance transport, the Department and City must have a qualified physician to provide medical direction to emergency medical services qualified personnel. A Medical Director is required by the Local Emergency Medical Services Agency of San Diego County in order to allow Fire Department personnel to operate within the scope of practice as an emergency medical technician and/or paramedic. A Medical Director provides medical oversight, direction, and coordination of emergency medical services provided by Fire Department personnel. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 56 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Emergency Medical Services (“EMS”) has become a core function of the fire service over the last 40 years . The Chula Vista Fire Department has been a provider of Basic Life Support for the last 30 years and an Advanced Life Support provider since 2013. The Fire Department provides EMS through a variety of positions that require an Emergency Medical Technician license for Basic Life Support and/or a Paramedic license for Advanced Life Support calls for service. Both Emergency Medical Technician and Paramedic scopes of practice involve the delegated practice of medicine through state, county, and provider agency regulations. The California Code of Regulations, Title 22, defines the scope of practice for Emergency Medical Technicians and Paramedics. The state delegates the administration of practice to the Local EMS Agency, which determines what the local standard of medical care shall be. Standardized medical treatment protocols are developed to guide EMS personnel in their delegated practice. The Local EMS Agency (San Diego County EMS Authority) requires provider agencies to have their own Medical Director in order to perform EMS within the County of San Diego. The Medical Director is a California Board Certified medical doctor and EMS physician who provides expertise that guides the Department’s policies and procedures, quality improvement, training activities, and medical equipment acquisition and use. The Medical Director also provides leadership in representing the City and the Fire Department within the medical community as well. The Medical Director serves as a liaison and advocate for the City of Chula Vista and its Fire Department with outside regulatory agencies such as the State of California, County of San Diego, and local groups such as the base hospital physicians and prehospital audit committees. The University of California, San Diego, School of Medicine, Department of Emergency Medicine (“UCSD”) is the only entity in San Diego County with the ability and expertise to provide medical director services with California Board Certified EMS Physicians to meet the needs of the Fire Department. UCSD has a unique performance capability because it is the only academic medical center in San Diego County with the resources, staffing, and experience to provide medical direction and access to academic facilities. Because this contract is with UCSD, they have the capacity and depth to ensure there are no lapses in coverage of a Medical Director. In 2018, during our existing contract with UCSD, our assigned Medical Director became unavailable, and another qualified EMS physician was immediately assigned resulting in a seamless transition with no delay in service. UCSD is the only entity that participates in the training of paramedics, emergency medicine physicians, and emergency medical services directors. As a designated Base Hospital, they are active in the medical control of paramedic care. The City does not employ staff with the level of expertise in this specific area of the prehospital medical practice of emergency medicine. Given the complexity of the EMS program, this expertise is obtained in a contractual relationship for medical director services. UCSD can provide one of its doctors, Jennifer Farah, M.D., to serve as the Medical Director for the Chula Vista Fire Department. Adoption of the proposed resolution will approve an agreement with UCSD to provide Medical Director services at a cost of $108,000 per year for an initial three-year term from October 1, 2023 through September Page 57 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 20, 2026, with the option of two, one year additional extension terms upon mutual agreement of the City and UCSD. The City’s Procurement Agent, in consultation with the Fire Chief, has determined that selection of UCSD to perform Medical Director services, on a sole-source basis, is appropriate under the authority of Chula Vista Municipal Code Sections 2.56.110(H)(3) and 2.56.070(B)(4). DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Sufficient funds are budgeted and available in the current-year budget of the Advanced Life Support Program Fund, resulting in no fiscal impact to the General Fund. ONGOING FISCAL IMPACT The ongoing cost of services will be $108,000 per year as specified in the contract (a total of $324,000 for 36 months), funded entirely by the Advanced Life Support Program. Ongoing costs will be included in future budgets of the Advanced Life Support Program Fund, resulting in no fiscal impact to the General Fund. ATTACHMENTS 1. Medical Director Agreement Staff Contact: Harry Muns, Fire Chief Raymond Smith, Deputy Fire Chief Page 58 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE MEDICAL DIRECTOR AGREEMENT BETWEEN THE CITY AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA WHEREAS, in 2013, the Fire Department transitioned from a Basic Life Support provider to an Advanced Life Support provider; and WHEREAS, the provision of Advanced Life Support requires a level of medical expertise to establish proper policies and procedures and quality improvements; and WHEREAS, the City does not employ staff with the level of expertise in this specific area given the complexity and surrounding issues regarding implementation of Advanced Life Support; and WHEREAS, the City has considered alternatives for medical direction and concluded that The Regents of the University of California, San Diego on behalf of the University of California, San Diego, School of Medicine, Department of Emergency Medicine ("UCSD") is uniquely qualified to fill this role; and WHEREAS, in order to procure these services, UCSD was chosen based on UCSD’s unique performance capability because it is the only academic medical center in San Diego County with the resources, staffing and experience to provide medical direction and access to academic facilities to facilitate implementation of Advanced Life Support; on this basis, UCSD is awarded the agreement on a sole source basis under the authority of Chula Vista Municipal Code sections 2.56.110(H)(3) and 2.56.070(B)(4); and WHEREAS, the agreement with UCSD covers an initial three-year term from October 1, 2023 through September 20, 2026, and may be extended for two additional one-year terms upon mutual agreement of the City and UCSD. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Medical Director Agreement between the City and the Regents of the University of California, 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. Page 59 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Presented by Harry Muns Fire Chief Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 60 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 1 MEDICAL DIRECTOR AGREEMENT first day of October, 2023 the City of Chula Vista a municipal corporation, and The Regents of the University of California, a California Constitutional corporation, on behalf of the University of California, San Diego, School of Medicine, Department of Emergency Medicine ("UCSD") . WHEREAS, City operates an emergency medical practice providing services to several hospitals and has the need for a physician to provide medical direction and oversight of nursing, EMT, and paramedics along with supervising programs of quality improvement, chart reviews, monitoring pharmacy and drug usage; WHEREAS, UCSD employs physicians with training in medicine and emergency medicine, in particular Jennifer Farah, M.D. ("Physician ), and is willing to provide services of Physician to perform such medical direction; WHEREAS, City desires to secure, and UCSD desires to provide, on a nonexclusive independent contractor basis, services of Physician; NOW, THEREFORE, it is agreed: 1. Contractor Services. Contractor shall work closely with and report to City Division General Manager or its designee. The scope of the work to be performed under this Agreement includes, but is not limited to, the activities specified on Exhibit A , which is attached and incorporated hereto, and such other work as may be reasonably requested from time to time. Contractor acknowledges that City is that it can fully perform the Services set forth in this Agreement on a timely basis. Accordingly, Contractor acknowledges and agrees that time is of the essence in the performance of its Services officers, directors, agents and representatives, successors and assigns. 1.1 If Physician shall become permanently unavailable, for any reason, Contractor may, in its sole discretion, appoint another physician or terminate this Agreement. If Contractor elects to appoint another physician, such an appointment shall be made with the prior written consent of City and such services shall be provided pursuant to the terms of this Agreement. 2. Changes. At any time, City may request Contractor to make changes to the Services within the general scope of this Agreement such as, but not limited to, alterations in, additions to or deletions from the work, or changes in the sequence of the performance of the work. Contractor shall thereafter modify the Services to be performed hereunder. Any changes involving compensation must be agreed upon by both parties in writing at the time the change is made. Page 61 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2 3. Certifications and Licenses. Physician is and shall continue to be properly licensed to practice medicine in the State of California at all times during the term of this Agreement. In addition, Physician will be a board-certified Emergency Medical Services Physician in the State of California. In addition, Physician agrees to be bound by the principles of ethics of the American Medical Association, and all applicable professional societies and regulatory bodies, as well as the requirements of Applicable Law during the term of this Agreement. 4. Qualifications to Participate in Federal and State Healthcare Programs. Both parties represent and warrant that (a) neither it nor any employee, agent, or independent contractor provided under this Agreement is excluded from participation under any Federal Health Care Program for the provision of items or services for which payment may be made under a Federal Health Care Program; (b) neither it nor any employee, agent or independent contractor provided under this Agreement has been convicted of a felony relating to health care fraud as defined under 42 U.S.C. §1320a-7(a)(3); and (c) no final adverse action, as such term is defined under 42 U.S.C. 1320(a)-7(c) has occurred or is pending or threatened against either party or to its knowledge against any employee, agent or independent contractor engaged to provide items or services Agreement, each party agrees to notify the other party in writing of any Exclusions/Adverse Actions within ten (10) days of learning of any such Exclusions/Adverse Actions and provide the basis of the Exclusions/Adverse Actions. Each party acknowledges that the exclusion of any employee, agent or independent contractor from participation in the Federal Health Care Programs shall result in his or her immediate removal from the performance of duties and responsibilities for the other party under the terms of this Agreement. Each party acknowledges and agrees that any Exclusions/Adverse Actions of or against it or any employee, agent or independent contractor utilized, directly or indirectly, in the performance of this Agreement may serve as the basis of an immediate termination of this Agreement by the other party. For purposes of this Agreement, a "Federal Health Care Program" shall mean any plan or program providing health care benefits, whether directly through insurance or otherwise, that is funded directly, in whole or part, by the United States Government (other than the Federal Employees Health Benefits Program), or any State health care program and shall include, by way of example, the Medicare and Medicaid programs. 5. Obligations. City shall pay Contractor for Services, as more specifically described on Exhibit A, within thirty (30) days from date of receipt of invoice. 6. Term and Termination. The term of this Agreement shall commence on the Effective Date and shall be for a period of three (3) years (October 1, 2023 September 30, 2026), with the option of two (2) one year extension terms upon mutual written agreement executed by the parties. Either party may terminate this Agreement without cause at any time by giving the other party thirty (30) days advance written notice of termination. In addition, either party may terminate this Agreement for cause for a breach of any term of this Agreement upon providing five (5) days advance written notice to the breaching party, setting forth the nature of the breach, and if, within five (5) days from receipt of such notice, breaching party does not cure the breach within the five (5) day period. 7. Audit. At reasonable times and upon reasonable prior notice, City records and operations that pertain to the Services to verify performance hereunder. Page 62 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 3 8. Use of Resources. Any equipment, materials or other items provided or paid for by City (i) shall remain the property of City, (ii) shall be used by Contractor only in performance of the Services, and (iii) returned to City upon request or at the completion of Services. If given authorization to utilize City same exclusively in performing Services. Any other or unauthorized use will subject Contractor to immediate termination. In the event of such termination, City shall retain and hereby does not waive any possible legal action or remedies available arising from, or out of this and/or any breach of this Agreement by Contractor. 9. Notification. Each party shall keep the other party informed of its policies, procedures including revised copies of its standard operating procedures and standards of conduct utilized in connection with the Services) and activities relevant to its obligations under this Agreement, and shall meet with representatives of the other party, at mutually acceptable times, on a regular basis to review procedures, policies and quality of services. Each party shall update the other party with any material amendments to its policies and procedures that it makes from time to time. 10. Warranties & Representations. a. Contractor warrants and represents (i) that it shall perform its/his/her services in accordance with medical industry standards; (ii) that to the best of its knowledge all goods and Services reflected in its billing have been furnished as so represented; (iii) all information supplied to and all representations made to City shall be true, accurate and complete and in the event such information or representation(s) made herein become inaccurate or incomplete, Contractor will promptly notify City in writing of such occurrence; (iv) it shall perform all its obligations and maintain all records and patient information used for the performance of services under this Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. §§ 1320d through d-8, as amended and the Health Information Technology for Economic and Clinical 45 CFR Parts 160, 162 and 164 in the Business Associate Agreement; (v) it has not been and/or is not currently suspended and/or found in violation of any Applicable Law and/or state or professional licensing group standards; and (vi) there is no pending, threatened, and/or anticipated proceeding or litigation against, relating to, or arising out of its medical license and/or medical practice. b. Each party represents and warrants to the other that (i) it has the right to enter into this Agreement, to grant the rights granted in this Agreement and to perform fully all of the services and obligations contemplated by this Agreement; (ii) the consent of no other person, political body, board of directors or entity is necessary for it to enter into and fully perform this Agreement; (iii) the person entering into this Agreement is authorized to sign this Agreement on behalf of the party; and, (iv) the parties have reviewed this Agreement with their respective le 11. No Patient Care & Ambulance Ride Alongs. Services do not include actual patient treatment and/or care. In the event Physician desires to ride along in an ambulance, Physician shall execute the Non-Employee Voluntary Participation in Medical & Fire Response - Assumption of Risk, Waiver Release & Indemnification Agreement, and specifically agrees and understands that patient care and/or treatment is outside Page 63 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 4 the scope of this Agreement and any patient treatment or care that Physician provides is 12. Contractor is Independent Contractor. In the performance of this Agreement, Contractor is acting as an independent contractor, and Contractor and its Physician employee will not be treated as an employee with respect to the Services provided pursuant to this Agreement for federal tax or any other purpose. Nothing in this Agreement shall be construed as creating an employment relationship, agency, partnership, or joint venture between the parties. Contractor hereby acknowledges and agrees that it shall be responsible for procuring and maintaining any its employees, including Physician, and to protect its assets. In addition, Contractor payment for Services rendered shall be made in the gross amount, without withholding for federal, state or local income taxes unless City is required by Applicable Law to withhold. City shall not be responsible for the payment of any F.I.C.A., F.U.T.A. or other similar charges with respect to Contractor and Contractor agrees to pay all self-employment and other taxes, including income taxes and estimates thereof, as shall be required by the Internal Revenue Code of 1986, as amended, and the Applicable Law of any other government entity having jurisdiction over Contractor. Except as expressly provided in this Agreement, City shall have no direction, supervision or control over Contractor or its employees. Each party shall control and direct the methods by which it performs its responsibilities hereunder. Except as provided herein, neither party is authorized to act on behalf of the other in any other matter whatsoever. 13. Indemnification indemnify and hold harmless the other, for, from and against all costs, claims, losses, liabilities, penalties, fines, citations, expenses, forfeitures or other damages, including but not limited to settlements, defense costs, judgments, court costs, expert(s) fees and reasonable fees of attorneys, incident to, and which it may incur, become responsible for, or pay out as a result of death or bodily injury to any person, destruction or damage to any property, contamination of or adverse effects on the environment, or any violation of any Applicable Law, to the extent that such damage was caused by, in whole or in Agreement; or (ii) negligent or willful act(s) or omission(s); or (iii) violation of Applicable Law; iv) any employment, workers agents or subcontractors. Nothing in this section shall limit any right to contribution or other allocation of fault between the parties as determined by a court of competent jurisdiction and as permitted by all Applicable Law. Contractor shall have full and exclusive liability for, and shall indemnify and defend City and its affiliates, shareholders, directors, officers, employees and agents against any loss, cost, liability or claim related to any taxes and contributions for unemployment insurance, workers compensation, retirement benefits, life insurance, and any other employment-related claim, charge and/or litigation, benefits, costs, obligations, safety but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Contractor, its officers and employees. Contractor shall maintain appropriate insurance to protect City accordingly. 14. EXCLUSION OF CERTAIN DAMAGES. IN NO EVENT SHALL EITHER PARTY, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO Page 64 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 5 THE OTHER PARTY FOR LOST PROFITS, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 15. Compliance with Applicable Law. Both parties agree to be in full compliance with all Applicable Law related to this Agreement and shall immediately notify the non-breaching party in the event it has failed to comply with this Section. In such an event, the non-breaching party may immediately terminate this Agr and local laws, statutes, regulations, codes, ordinances, professional rules, licensing requirements or standards, and/or Executive Orders, as amended, applicable to the services and/or obligations of the parties hereunder. 16. Compliance Program and Training. Contractor acknowledges that it has received copies of City's Corporate Compliance Program ("Program"), including its Code of Ethics and Business Conduct and its Anti-Kickback Statute. Contractor shall comply with all aspects of the Program, Code of Ethics and Business Conduct, and the Anti-Kickback Statute, including any required City compliance training related to each. 17. Compliance with Anti-Kickback Statute. Each party shall comply with the Federal Health Care Kickback Statute (42 U.S.C. § 1320a-7b) and any applicable regulations promulgated thereunder. The parties further recognize that this Agreement shall be subject to the amendments of the Anti-Kickback Statute or any of its applicable regulations. In the event any applicable provisions of the Anti-Kickback Statute or its regulations invalidate, or are otherwise inconsistent with the terms of this Agreement, or would cause one or both of the parties to be in violation of the law, the parties shall exercise their best efforts to accommodate the terms and intent of this Agreement to the greatest extent possible consistent with the requirements of the Statute and its applicable regulations. 18. Fair Market Value. This Agreement has been negotiated at arms length and in good faith by the parties. Nothing contained in this Agreement, including any compensation paid or payable, is intended or shall be construed: (i) to require, influence or otherwise induce or solicit either party regarding referrals of business or patients, or the recommending the ordering of any items or services of any kind whatsoever to the other party or any of its affiliates, or to any other person, or otherwise generate business between the parties to be reimbursed in whole or in part by any health care provider. 19. Regulatory Changes. City reserves the right to modify this Agreement, upon thirty (30) days notice to Contractor in the event any Applicable Law or government policy or program change is passed or adopted affecting City 20. Confidential Information. In addition to Protected Health Information as defined by the Health Insurance Portability and Accountability Act of 1996, as amended, during the course of performing this Agreement, each party may from time to time receive confidential information about the other including but not limited to information about the part practices, procedures, strategies, organization, financial and other related information. Neither party shall use or disclose any such confidential information for any purpose other than the Page 65 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 6 limited purpose of performing its obligations under this Agreement, without the prior express written permission of the supplying party. City and remain the sole property of City. If a party is served with a subpoena or other legal process concerning confidential information of the other party, that party shall immediately (not more than 48 hours after the receipt) notify the supplying party and shall cooperate with it in any lawful effort to contest the legal validity of such process the supplying party may wish to pursue. Upon the termination of the Agreement for any reason, or at any time City may so request, Contractor shall promptly deliver to City all confidential information delivered to Contractor by City, including any copies in its possession, it being agreed that such confidential information is the property of City. 21. Intentionally Omitted. 22. Ownership of Work, Materials, and Documents. All documents including, but not limited to, deliverables, manuals, programs, designs, reports, protocols, computer programs, code, software, development, systems design, specifications, and any other pertinent data, in whatever form of media, specifica exclusive property of City. To the extent that title to any such Work may not, by operation of law, vest in City or such Work may not be considered works for hire, Consultant irrevocably assigns all rights, title and interest in Work to City. All such Work shall belong exclusively to City, except as set forth herein, with City having the right to obtain and to hold in its own name, copyrights, registrations, or such other protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Except as provided herein, each party reserves all their respective rights, title, and ownership in their respective intellectual property including, but not limited to, rights in any materials, business processes, computer code, software, or documentation, owned or developed by or for each party respectively and independently of this Agreement, and such intellectual property shall remain the sole property of Contractor or City respectively. 23. Force Majeure. Either party shall be excused for failures and delays in performance of its respective obligations under this Agreement due to any cause beyond its control and without fault, including without limitation, any act of God, war, riot or insurrection, law or regulation, strike, flood, fire, terrorism, explosion or inability due to any of the aforementioned causes to obtain labor, materials, roadways or facilities. Nevertheless, each party shall use its best efforts to avoid or remove such causes and to continue performance whenever such causes are removed, and shall notify the other party of the problem. 24. Publicity Provision. Neither party shall use any trademarks, service marks, visual product representations, trade names, logos or other commercial or product designations of the other party shall identify or make reference to the other party in any advertising or other promotional modality regardless of its form without explicit prior written consent from said party. 25. IP Provision. Nothing in this Agreement is intended to grant a license or any rights of any nature whatsoever to City patents, mask work rights, trademarks, trade names, service marks, logos, copyrights, derivatives, software or any other intellectual property rights of City. Page 66 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 7 26. Dispute Resolution. In the event of a dispute, the parties will consider the use of mediation and/or arbitration to resolve the dispute instead of litigation except for actions involving equity City any amounts due. 27. Legal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party related to such action. 28. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, or by a nationally recognized overnight courier service, properly addressed to the following addresses: To City: To Contractor: City of Chula Vista UCSD Health Sciences 276 Fourth Avenue Assistant Vice Chancellor Chula Vista, CA 91910 9500 Gilman Dr. MC0602 Attn: Chris Scott La Jolla, CA 92093-0602 The notification addresses listed above may be changed by either party with proper notice as listed above. 30. Assignment. Neither party may assign this Agreement to a third party (except to an affiliate, subsidiary or by way of merger by the sale of substantially all the assets) without the prior written consent of the other party, which shall not be unreasonably withheld. City may subcontract its binding upon and for the sole benefit of the parties hereto and their respective successors and permitted assigns. 31. Wavier. The failure by either party to insist on strict performance by the other party of any provision of this Agreement shall not be a waiver of any subsequent breach or default of any provision of this Agreement. 32. Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 33. Survival. Any provisions of this Agreement creating obligations extending beyond the term of this Agreement shall survive the expiration or termination of this Agreement, regardless of the reason for such termination. 34. Headings. The headings used in this Agreement are for convenience only and do not limit the contents of this Agreement. Page 67 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 8 35. Variations of Pronouns. All pronouns and variations thereof will be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of a person, persons, or entity may require. 36. Amendments. Any amendments to this Agreement shall be effective only if in writing and signed by authorized representatives of both parties. 37. Governing Law and Entire Agreement. This Agreement shall be subject to and governed according to the laws of the State of California, regardless of whether either party is or may become a resident of another state. The parties agree that the venue and jurisdiction shall be exclusively in the state and federal courts located in the County of San Diego in the State of California. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreements or understandings, whether oral or written. 38. Authorization for Agreement. All necessary laws, resolutions, and corporate actions have duly authorized the execution and performance of this Agreement, and this Agreement constitutes the valid and enforceable obligations of the parties in accordance with its terms. 39. No Third Party Beneficiary. Neither party intends in any manner whatsoever to create an interest or beneficiary in a third party. 40. Exhibits. All Exhibits referenced herein are incorporated into this Agreement in their entirety. Agreement when used throughout this Agreement shall include all referenced Exhibits. 41. Agreement Controls. If there exists or is alleged any ambiguity, difference or inconsistency between the terms of this Agreement and the Exhibit(s), then notwithstanding anything to the contrary in the Exhibit(s), the terms of this Agreement shall prevail over, govern, supersede and pre-empt the terms of the Exhibit(s). 42. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Signature page immediately follows Page 68 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. CITY CONTRACTOR The City of Chula Vista The Regents of the University of California By: By: John McCann Rina Davison Mayor Assistant Vice Chancellor Health Sciences Administration UCSD Health Sciences Date: _________________________ Date: ________________________ Approved as to Form Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 69 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 10 EXHIBIT A Contractor Services 1) Medical Director oversight and consultation for patient care services provided by the Fire Department. 2) Medical Director oversight and consultation for patient care services provided by Fire Department outside of their operating area due to mutual and automatic aid responses. 3) Medical Director oversight and consultation for patient care during public events. 4) Medical Director oversight and consultation for Telehealth, Mobile Integrated Health Programs, and City-based initiatives associated with services for the unsheltered population intended to reduce impacts to the 911 system. 5) Medical Director oversight and consultation for other City services such as law enforcement activities which overlap with EMS. 6) Supervision of Advanced Practice Providers (APPs), such as Nurse Practitioners (NPs) or Physician Assistants (PAs) for expanding EMS programs. 7) Prior to any ride-alongs, Physician shall execute a Non-Employee Voluntary Participation in Medical & Fire Response & Assumption of Risk, Waiver, Release & Indemnification Agreement, a form of which is attached hereto as Exhibit A-1. 8) City shall pay to Contractor the sum of Nine Thousand dollars ($9,000.00) per month. Contractor shall deliver an itemized invoice on a monthly basis no later than the tenth day of the month following Services rendered to City detailing (i) the date Services were provided, (ii) a brief description of the Services provided, (iii) the number of hours of Services provided, (iv) the Nine Thousand dollars 9,000.00) monthly fee due to Contractor, and (v) any pre-approved out-of-pocket costs incurred that are directly related to performing the Services. Contractor shall be reimbursed for all agreed to and pre-approved out-of-pocket costs incurred that are directly related to performing the Services under this Agreement, in a total amount not to exceed Three Thousand dollars ($3,000.00) per year (October 1 September 30). Contractor shall coordinate all travel and accommodations in connection with the Services with the City travel office. Invoices shall be sent to: Raymond Smith Email: raymonds@chulavistaca.gov Payments shall be made payable: The Regents of UC and sent to: UCSD Emergency Medicine Attn: Maegan Carey 9500 Gilman Drive, MC 8676 La Jolla, CA 92093-8676 9) City and Contractor acknowledge that the amount of time required of Contractor each month likely will fluctuate and there is no minimum or maximum amount of hours per month for which Contractor is engaged. However, it is estimated that Contractor's services will be required for up to forty (40) hours per month. 10) Such other duties as may be mutually agreed upon from time to time and added to this Exhibit A. Page 70 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 11 Exhibit A-1 NON-EMPLOYEE VOLUNTARY PARTICIPATION IN MEDICAL & FIRE RESPONSE ASSUMPTION OF RISK, WAIVER, RELEASE & INDEMNIFICATION AGREEMENT Insert Correct City Legal Entity] (hereinafter referred to as City emergency response services and activities related Print Name of Participant] living at _________________________________________________ [Insert Full Address] desire to participate in, observe and/or otherwise take part in Response Services. I ACKNOWLEDGE THAT MY PARTICIPATION IN THE RESPONSE SERVICES IS STRICTLY AS AN OBSERVER AND I FURTHER ACKNOWLEDGE THAT I WILL NEITHER BE PERMITTED TO NOR WILL I RENDER ANY PATIENT CARE. In consideration of City of Response Services, I hereby knowingly, freely and voluntarily agree as follows: Representations. I represent to City that I am legally compete license number is _________________, for the State of ______________ which states my birth date as I acknowledge that I am not an employee or agent of City. I represent that I do not have a medical or physical condition or infectious disease which could be triggered by participating in Response Services or that could endanger the public and/or myself by participating in Response Services. I understand that if I received a small pox vaccination that I maybe contagious for up to four (4) weeks after my inoculation and I specifically represent that I have not had the small pox vaccination or it has been at least four (4) weeks from my inoculation. ______ INITIALS Medical Doctor (Applicable to Medical Doctors Only). If the non-employee ride along is a Medical Doctor, I specifically agree and understand that patient care and/or treatment is outside the scope of this Agreement and any patient treatment or care that I provide is treatment or care delivered in the course of my medical practice. ______ INITIALS Disclaimer of Warranty. I understand that each situation that City responds to is based on incomplete and limited information provided often under extreme and emergency conditions and which may or may not be ultimately accurate. Moreover, I understand that each situation will contain unforeseen and unknown hazards, dangers and risks to me and to City. City Services are based upon whatever current information is available, at the time of the Response Services are provided so I expressly understand and agree that City makes no representation or warranty expressed or implied, written or oral regarding Response Services to me and to what I may or may not be exposed. _____ INITIALS Assumption of Risk. I voluntarily and freely, with full understanding that I may be exposing myself to extreme danger, emotional trauma and other risks. I assume all risks in connection with the Response Services. I acknowledge that participating in Response Services may result in, but is not limited to bodily injury, death, emotional trauma, burns, extreme noise, extreme lights and/or Page 71 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 12 exposure to hazards and/or diseases like airborne or bloodborne pathogens, bacteria or other harmful transmissions to me. Exposure to an airborne or bloodborne pathogen may result in the transmission of AIDS, hepatitis, TB or other infectious diseases. _______ INITIALS Endangerment. I AGREE TO FOLLOW ALL INSTRUCTIONS, PROCEDURES, MEASURES AND DIRECTIONS GIVEN BY CITY AND UNDERSTAND MY FAILURE TO DO SO MAY RESULT IN PROPERTY DAMAGE OR INJURY OR DEATH TO ME OR TO A THIRD PARTY. I UNDERSTAND THAT MY PARTICIPATION IN RESPONSE SERVICES MAY BE TERMINATED AT ANY TIME FOR ANY REASON BY CITY. ______ INITIALS Insurance. I understand that I am completely responsible for all insurance coverage which I may wish to purchase to cover my participation in the Response Services. Confidentiality of Protected Health Information. During my participation in Response Services, I acknowledge that I may be exposed to confidential information and/or Protected Health Information (for example, patient identity, care and/or treatment information) as defined under HIPAA (referenced below). I acknowledge that City and the activities involved in Response Services are subject to broad, extensive and comprehensive privacy and confidentiality laws and regulations protecting patient care information. I understand that I am legally obligated and personally responsible for holding this information confidentially and not disclosing it to anyone unless such disclosure is permitted under the Health Insurance Portability and Accountability Act of 1996, as codified at 42 U.S.C. § 1320d through d-the Health Information Technology for Economic and Clinical Health Act of 2009, and any current and future rules and regulations promulgated thereunder, including without limitation, the federal privacy regulations as contained in 45 CFR Parts 160 and 164, the federal security regulations as contained in 45 CFR Parts 160, 162 and 164, and other federal or state privacy laws. ______ INITIALS Information regarding a patient is strictly confidential, its disclosure to anyone not specifically permitted is strictly prohibited by law. I specifically agree to: review City Policies prior to my participation in the Response Services; not to take, copy or disclose to the media or anyone any information I receive, observe, view and/or otherwise have access to arising out of, in any manner whatsoever, my participation in Response Services, unless required by law and you have provided notice to City of the request prior to disclosure; adhere to HIPAA and other federal and state privacy laws and regulations; keep all Protected Health Information as defined by HIPAA confidential; and not to disclose any Protected Health Information and/or other confidential information unless so permitted under applicable law. ______ INITIALS Compliance with Applicable Law. I agree to comply with all Applicable Law during my participation. rules and/or Executive Orders, as amended. WAIVER, INDEMNITY & RELEASE I waive, release and discharge City, its parent, subsidiaries and affiliates, and its and their respective officers, directors, stockholders, employees, agents, representatives, insurers, successors and assigns, of and from any cost, expense, claim, demand, right or cause of action, of any kind or nature whatsoever, whether based on tort, contract, warranty, or other theory of recovery, at law or in equity, vested or contingent, that I or my spouse, family, parents, children, estate, heirs, agents, insurers, successors or assigns may at any time have as a result of the Response Services for City. In Page 72 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 13 addition, I hereby agree to save, hold, defend and indemnify City, its parent, subsidiaries and affiliates, and its and their respective officers, directors, stockholders, employees, agents, representatives, insurers, successors and assigns, of and from any cost, expense, claim, demand, right or cause of action, of any kind or nature whatsoever, whether based on tort, contract, warranty, or other theory of recovery, at law or in equity, vested or contingent, that may result, directly or indirectly, from my action or inaction, including my participation in City Response Services. _____ INITIALS I UNDERSTAND THAT THIS WAIVER, RELEASE AND INDEMNITY IS INTENDED TO WAIVE, RELEASE, DISCHARGE AND INDEMNIFY IN ADVANCE CITY, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, STOCKHOLDERS, EMPLOYEES, INSURERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, FOR, FROM AND AGAINST ANY AND ALL LIABILITY TO ME ARISING FROM THE RESPONSE SERVICES CITY IS INVOLVED IN. THIS INCLUDES, WITHOUT LIMITATION, ANY LIABILITY (INCLUDING CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES) ARISING FROM INJURY OR DAMAGE THAT I SUFFER OR CAUSE DURING THE RESPONSE SERVICES, INCLUDING, WITHOUT LIMITATION, DEATH, INJURY, EMOTIONAL TRAUMA, BURNS, ILLNESS, DISABILITY, EXTREME LIGHTS, EXTREME NOISE OR OTHER DAMAGE TO MY PERSON AND/OR PROPERTY OR THIRD PARTY, AND ALL RISKS CONNECTED THERETO, WHETHER FORESEEN OR UNFORESEEN, RESULTING FROM NEGLIGENCE OR OTHERWISE. _____ INITIALS I agree that this Waiver and Release is intended to be as broad and inclusive as permitted by the laws of the State of ______________. If any provision of this Waiver and Release shall be ineffective or invalid, such provision shall be ineffective or invalid only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Waiver and Release, which shall remain in full force and effect. _______INITIALS Duty to Inform. So long as I participate in Response Services, in the event any representation or obligation of mine in this Agreement is no longer accurate, or true, I agree to inform City immediately in writing of such occurrence. I realize that City is relying upon my representations and agreements made in this Agreement and that my failure to adhere to this Agreement could seriously injure someone, cause their death or damage property. ______ INITIALS Page 73 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 14 I HAVE READ THIS AGREEMENT AND THE WAIVER, RELEASE AND INDEMNITY BEFORE SIGNING IT, AND FULLY UNDERSTAND AND AGREE TO ITS TERMS. By: _____________________________ Name: ___________________________ Date: ____________________________ AGREED AND ACCEPTED insert R/M entity] By: Name: Its: Date: Page 74 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Agreement: Approve an Agreement with Focus Psychological Services, Inc. to Provide Psychological Services to the Fire and Police Departments Report Number: 2023-0219 Location: No specific geographic location Department: Fire & 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 Focus Psychological Services Inc. to provide psychological services to the Fire and Police Departments. SUMMARY With the inherent stress and trauma that comes with first responder work, the Fire and Police Departments propose contracting with Focus Psychological Services Inc. for confidential staff counseling services. The Chula Vista Fire Department is currently contracted with Focus for these services. With the proposed agreement, services will now be provided to both Police and Fire. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 75 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION During its regular meeting on April 14, 2021, the Measure A Citizens’ Oversight Committee (COC) approved amendments to the Public Safety Expenditure Plan to fund counseling services for the Fire Department. During its regular meeting on January 12, 2023, the COC approved amendments to the Public Safety Expenditure Plan to fund counseling services for the Police Department. DISCUSSION The mental health and fortitude of public safety employees is important to being effective servants when seconds are critical, and when decisions can potentially have life-altering consequences. For first responders to perform, they rely on mental fortitude and resilience. This reliance causes cumulative stress, which can lead to negative thoughts, poor performance, tumultuous personal relationships, and sometimes mental health crises. The protective shield of mental fortitude and resilience can also be a double-edged sword. It can add to the stigma that seeking mental health treatment is a sign of weakness and even viewed as jeopardizing their career. Although psychological services are currently available to City employees, there is limited access to practitioners who are culturally competent and understand the rigors of the first responder profession. Culturally skilled mental healthcare providers are invaluable for several reasons. They build trust amongst employees to use these psychological services proactively rather than reactively in response to a crisis or critical incident and hopefully eliminate the stigma associated with seeking treatment. With the inherent stress and trauma that comes with first responder work, the Fire and Police Departments propose providing confidential counseling services to its staff with Focus Psychological Services. They are well respected in the San Diego first responder community and offer psychological services to many first responder agencies in San Diego County. Their demonstrated experience to the first responder community and skilled qualifications make them a unique service provider. The Chula Vista Fire Department is currently contracted with Focus for psychological services. The proposed contract will now include both the Police and Fire Departments. The City has worked together satisfactorily with Focus Psychological Services 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). In order to procure these services, Focus Psychological Services was chosen based on their unique qualifications, including their vast support of other agencies in San Diego County and Southern California; on this basis, Consultant was awarded the contract on a “single/sole source” basis under the authority of Chula Vista Municipal Code sections 2.56.110 (H) (3) and 2.56.070 (B) (4). Focus Psychological Services offers confidential counseling services for a wide range of life problems. Services include:  Individual Counseling  Marriage Counseling  Child/Adolescent Counseling  Family/Stepfamily Counseling  Post Traumatic Incident Counseling Page 76 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3  Habit Control  Alcohol/Substance Abuse Counseling  Stress Management  Anger Management  Treatment of Depression, Anxiety  Grief Resolution / Bereavement  Divorce Counseling Services that are beyond the scope of Focus Psychological Services offerings may be available through other sources such as the employee’s city-provided private medical insurance plans. If an employee needs a higher level of care, there would be a collaborative process between Focus and the Police & Fire Departments to identify additional resources for the employee (such as a treatment facility, additional mental or emotional wellness services, or workers compensation program). Therapists at Focus Psychological Services are trained in a variety of therapeutic modalities, including EMDR (eye movement desensitization and reprocessing), psychodynamic, cognitive behavior therapy (CBT), family systems, as well as others. Eligible clients may utilize Focus Psychological Services for any counseling problem, whether or not it is job- related. All counseling services are strictly confidential. In order to maintain services that are strictly confidential and are also perceived by employees as confidential, no record of the specific employees that use the services shall be released to the City of Chula Vista. Employees are afforded unlimited visits unless it exceeds the scope of their care. Focus professionals are available 24 hours per day, 7 days per week to respond to critical incidents. Critical incident interventions assist in the healing and recovery from exposure to a psychologically traumatizing event. Critical incident interventions prevent delayed stress reactions, which may appear weeks, months, or even years after the incident. These reactions can seriously affect job performance and personal relations. The agreement with Focus Psychological Services covers an initial term of September 12, 2023 to June 30, 2024, and may be extended for four (4) additional one-year terms, up to June 30, 2028. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). 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 annual cost of psychological services for the Fire Department is $24,000, and the annual cost for the Police Department is $19,200. These costs are already included in the Fiscal Year 2023/24 Adopted Budget for Measure A. Page 77 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 ONGOING FISCAL IMPACT The table below outlines contract amounts, if the optional extensions are exercised. These costs will be included in subsequent budgets as part of the annual budget adoption process. FY 2024/2025 FY 2025/2026 FY 2026/2027 FY 2027/2028 Fire Department $25,200 $26,460 $27,783 $29,172 Police Department $20,160 $21,168 $22,226 $23,337 Annual Contract Cost $45,360 $47,628 $50,009 $52,509 ATTACHMENTS 1. Agreement with Focus Psychological Services Inc. to provide psychological services to the Fire and Police Departments Staff Contact: Fire Chief Harry Muns Police Chief Roxana Kennedy Page 78 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH FOCUS PSYCHOLOGICAL SERVICES, INC. TO PROVIDE PSYCHOLOGICAL SERVICES TO THE FIRE AND POLICE DEPARTMENTS WHEREAS, with the inherent stress and trauma that comes with first responder work, the Police and Fire Departments propose providing confidential counseling services to its staff with Focus Psychological Services, Inc., a psychological corporation (“Focus Psychological Services”); and WHEREAS, Focus Psychological Services is well respected in the San Diego first responder community and operates a comprehensive psychological services program with demonstrated experience and expertise providing psychological services tailored to the needs of first responders; and WHEREAS, the parties have worked together satisfactorily for several years on other projects, and this Agreement was negotiated on the basis of Focus Psychological Services ’ demonstrated competence and qualifications for the services to be provided, pursuant to Chula Vista Municipal Code section 2.56.110 (A) (1); and WHEREAS, in order to procure these services, Focus Psychological Services was chosen based on their unique qualifications, including their vast support of other agencies in San Diego County and Southern California; on this basis, Focus Psychological Services was awarded the contract on a “single/sole source” basis under the authority of Chula Vista Municipal Code sections 2.56.110 (H) (3) and 2.56.070 (B) (4); and WHEREAS, Focus Psychological Services warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required by the City; and WHEREAS, the agreement with Focus Psychological Services covers an initial term of September 12, 2023 to June 30, 2024, and may be extended for four additional one-year terms, up to June 30, 2028. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves that certain Consultant Services Agreement, between the City and Focus Psychological Services, 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 Mayor to execute same. Page 79 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Presented by Harry Muns Fire Chief Approved as to form by Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 80 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 1 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH FOCUS PSYCHOLOGICAL SERVICES, INC. A PSYCHOLOGICAL CORPORATION TO PROVIDE PSYCHOLOGICAL SERVICES TO THE FIRE AND POLICE DEPARTMENTS This Agreement is entered into effective as of September 12, 2023 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Focus Psychological Services, Inc. a psychological corporation, a California professional corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, Consultant operates a comprehensive psychological services program with demonstrated experience and expertise providing psychological services tailored to the needs of first responders; and WHEREAS, City desires to provide its fire and police employees an avenue to secure such comprehensive psychological services; 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, in order to procure these services Consultant was chosen based on Consultant’s unique qualifications, including their vast support of other agencies in San Diego County and Southern California; on this basis, Consultant was awarded the contract on a “single/sole source” basis under the authority of Chula Vista Municipal Code sections 2.56.110 (H) (3) and 2.56.070 (B) (4); and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 81 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal 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 Page 82 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 3 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, 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. 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 Consultant. 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 Page 83 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 4 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 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. Page 84 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 5 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 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 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. Page 85 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 6 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 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 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 wheth er 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 Page 86 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 7 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 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 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. Page 87 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 8 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 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”) are confidential and subject to the psychotherapist- patient privilege (California Evidence Code §§ 1010, et seq.). Therefore, the Work Product shall be the sole and exclusive property of Consultant. No such Work Product shall be subject to private use, copyrights or patent rights by City in the United States or in any other country without the express, prior written consent of Consultant. City shall have no authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without the 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 not subject to the psychotherapist-patient privilege and to which the City is entitled, 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. Page 88 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 9 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 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 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.) Page 89 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 10 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. FOCUS PSYCHOLOGICAL SERVICES, INC. A PSYCHOLOGICAL CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ JOLEE J. BRUNTON, PH.D. JOHN MCCANN CHIEF PSYCHOLOGIST 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 Page 90 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 11 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: For Fire Department: Raymond Smith, Deputy Fire Chief 276 Fourth Avenue, Chula Vista, CA 91910 (619) 409-5858; RaymondS@chulavistaca.gov For Police Department: Henry Martin, Police Captain 315 Fourth Avenue, Chula Vista, CA 91910 (619) 409-3887; hmartin@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: FOCUS PSYCHOLOGICAL SERVICES, INC. A PSYCHOLOGICAL CORPORATION 444 Camino Del Rio South, San Diego, CA 92108 (858) 565-0066 joleebrunton@me.com For Legal Notice Copy to: Dr. Jolee J. Brunton, same as above 2. Required Services A. General Description: Consultant Will Provide Psychological Services To Fire and Police Employees. B. Detailed Description: Orientation Information: Focus will provide orientation information to Chula Vista Fire Department (CVFD) and Chula Vista Police Department (CVPD) employees in the form of: • Attending new employee training events Page 91 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 12 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 • Providing Focus informational literature • Attending staff meetings and briefings to provide training • Focus personnel ride-alongs Counseling Services: Focus shall provide counseling and psychotherapy services to CVFD and CVPD employees. These services can be used with individuals, couples, and families, and are available for, but not limited to, the following: • Critical incident related trauma • Stress management • Depression • Anxiety • Relationship difficulties; marriage counseling; family/step-family counseling; divorce counseling • Grief/bereavement • Substance/alcohol abuse and dependency • Habit control (weight/smoking) • Sexual dysfunction Focus’ services are available to CVFD and CVPD personnel and their cohabitating partners. Focus will meet with the parents of children under the age of 18 to provide them with tools to help their children. On a case-by- case basis, Focus clinicians may meet individually with juveniles. Retired first responders are eligible for Focus services. The psychological services provided by Focus shall not include any of the following: pre-employment psychological screening, fitness for duty evaluations, workers’ compensation reports, child custody evaluations, or any forensic based service. Critical Incidents: Exposure to death (especially the death of a co-worker), horrific injuries, child abuse and neglect, are but a few of the potentially traumatic situations for first responder personnel. Training-Focus will provide brief, practical briefing training, either in person or in digital format. This training is designed to educate and prepare personnel for potential adverse symptoms originating from a critical incident. Defusing-Focus personnel are available 24-hours a day to respond to CVFD and CVPD in the aftermath of a critical incident to conduct a defusing. In addition, Focus will train peer support and chaplains to defuse incidents where a mental health professional is not requested. A defusing allows the involved personnel a time and place to express their initial feelings and concerns about the incident and receive information on common symptoms of critical incident stress. Debriefing-Focus personnel will conduct critical incident stress debriefings for CVFD and CVPD. A critical incident stress debriefing is more formalized and structured than a defusing. It normally occurs 24 to 72 hours after the critical incident, and it is recommended that all personnel involved in the incident attend. Peer Support Assistance: Page 92 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 13 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 Focus is available to the CVFD and CVPD Peer Support Team for the following: • Program development • Attend monthly peer support meetings • Provide clinical supervision of peer supporters • Initial and ongoing training • Debrief the Peer Support Team in the aftermath of a critical incident CONFIDENTIALITY Focus Psychological Services believes that a client’s ability to have confidential communication with their mental health provider is the foundation to optimal mental health. Focus does not report to, or bill CVFD and CVPD in a manner that would identify individual clients. Recognizing that Focus personnel attend city and county meetings, ride-alongs and briefings, it is likely they will encounter clients outside the Focus office. During those times, Focus clinicians will not greet or acknowledge a client unless the client initiates contact. All services are strictly confidential, with exception of those circumstances that we are legally mandated to report (elder/chil d abuse, Tarasoff situations). 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin September 12, 2023 and end on June 30, 2024 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ 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: Chula Vista Fire Department shall pay $2,000 per month for all services. This is the equivalent of $80 for up to 25 hours per month. If the hours exceed 25, each additional hour will be billed at $80. Chula Vista Police Department shall pay $1,600 per month for all services. This is the equivalent of $80 for up to 20 hours per month. If the hours exceed 20, each additional hour will be billed at $80. 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, 2028 shall not exceed $250,000. 5. Special Provisions: ☐ Permitted Sub-Consultants: None. ☐ Security for Performance: None. Page 93 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 14 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for four (4) additional terms, defined as a one-year increment or July 1 to June 30, up to June 30 2028. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to 5% 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. Page 94 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 15 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation 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 Page 95 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 16 City of Chula Vista Agreement No.: 2023-158 Consultant Name: Focus Psychological Services, Inc. a psychological corporation Rev. 1/17/23 EXHIBIT C CONSULTANT 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 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 EXCLUDED4 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 ☐ 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 requirement s. 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 incl ude corporation or limited liability company). Page 96 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Grant Acceptance and Appropriation: Accept a Grant from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program and Appropriate Funds Report Number: 2023-0211 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 $54,893 in grant funds from the California Governor’s Office of Emergency Services and appropriating the funds to the Police Grants Section of the Federal Grants Fund for the Paul Coverdell Forensic Science Improvement Program. (4/5 Vote Required) SUMMARY The Police Department has been awarded grant funding from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program. The goal of this program is to improve the quality, timeliness, and credibility of forensic science services over current operations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 97 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 DISCUSSION The Paul Coverdell Forensic Sciences Improvement Program (Coverdell Program) is administered by the California Governor’s Office of Emergency Services (Cal OES) and provides federal funding to accredited crime laboratories throughout California. Coverdell Program funds can be used to provide education and training in both technical and personal skills to California’s forensic scientists to ensure that they can effectively perform their laboratory assignments. In order to receive these funds, the crime laboratories must verify their accreditation status with a Forensic Crime laboratory organization or appropriate certifying body. The crime laboratories must also certify that they have a plan in place to conduct an independent external investigation into allegations of serious negligence or misconduct by laboratory employees or contractors. The Police Department has been awarded $54,893 for the 2022 Coverdell Program, covering a grant period of April 1, 2023 to June 30, 2024. This funding will be used to provide training and equipment used by crime laboratory personnel. Employee training funded by Coverdell Program grant funds include Crime Scene Investigations Workshop, Courtroom Testimony and Serial Number Restoration. The Crime Scene Investigations workshop will teach proper techniques for processing a crime scene. Courtroom Testimony training will instruct proper testimony techniques to forensic science professionals. The Serial Number Restoration training involves hands-on use of methods/techniques used to restore/recover serial numbers from firearms that have been obliterated. Additionally, the grant funding will cover the costs of a camera and monitor, Faraday bags, and evidence management system enhancement. The digital camera and monitor setup will be used for triaging firearms evidence, resulting in more efficient operations. Faraday bags allow phones to be charged and protected from remote wiping while stored as evidence. Additional licenses will be purchased to enhance the Police Department’s evidence management system (FileOnQ), creating a portal for officer to access, read and print casefiles generated by Crime Laboratory personnel. To document crime scenes effectively and efficiently, grant funds will also be used to purchase a 3D laser scanner. The scanner will have validated capabilities to document scenes, take accurate measurements of all items within a scene, conduct bullet trajectory analysis, and 2D and 3D measurements of bloodstains within the scene. Benefits of a 3D crime scene scanner include the ability to clear the scene and re-open to the public more quickly, provide court-ready documentation as evidence, and eliminating the need to return to the crime scene for further investigation. 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. Page 98 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation $54,893 in grant revenues, offset by appropriations of $29,893 to the supplies and services category and $25,000 to the capital category of the Police Grant Section of the Federal Grants Fund. The table below outlines the spending plan for the Coverdell Program grant funds. DESCRIPTION FY 2023-24 Training Costs for Crime Lab Personnel $9,578 Camera and Monitor for Triage of Firearms Evidence $1,500 Faraday Bags $4,400 Enhance Evidence Management System $14,415 3D Crime Scene Scanner $25,000 TOTAL COVERDELL FUNDING $54,893 Funding from the California Governor’s Office of Emergency Services will completely offset the se costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS None. Staff Contact: Jonathan Alegre, Police Department Chief Roxana Kennedy, Police Department Page 99 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES FOR THE COVERDELL FORENSIC SCIENCE IMPROVEMENT PROGRAM AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Police Department has been awarded $54,893 in grant funding from the California Governor’s Office of Emergency Services for the Paul Coverdell Forensic Science Improvement Program (the “Coverdell Program”); and WHEREAS, the goal of the Coverdell Program is to improve the quality, timeliness, and credibility of forensic science services over current operations; and WHEREAS, the Coverdell Program funds will be used to provide education and training to crime laboratory personnel to ensure they can effectively perform their assignments during crime scene callouts; and WHEREAS, the Coverdell Program funds will also be used to purchase a digital camera and monitor for triaging firearms evidence, Faraday bags to protect phones from remote wiping while stored as evidence, additional licenses for the Police Department’s evidence management system, and a 3D laser crime scene scanner; and WHEREAS, the grant funds provided by the California Governor’s Office of Emergency Services will completel y offset the costs of this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts $54,893 from the California Governor’s Office of Emergency Services and amends the fiscal year 2023-24 budget by appropriating $29,893 to the supplies & services category and $25,000 to the capital category of the Police Grants Section of the Federal Grants Fund. Presented by Approved as to form by Roxana Kennedy Jill D.S. Maland Chief of Police Lounsbery Ferguson Altona & Peak Acting City Attorney Page 100 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Agreement Amendment and Fund Reallocation: Reallocate HOME Investment Partnership Program Funds and Amend the Agreement with SBCS Corporation for the 2022-2023 Tenant-Based Rental Assistance Program Report Number: 23-0230 Location: No specific geographic location Department: Housing and Homeless Services Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) 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 CEQA State Guidelines. Pursuant to Title 24, Part 58.35(b)(1) of the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorically excluded under the National Environmental Policy Act (“NEPA”). Recommended Action Adopt a resolution reallocating excess funds in the amount of $85,774.95, from the Fiscal Year 2014/15 HOME Investment Partnership Program from the U.S. Department of Housing and Urban Development (HUD) entitlement funds to be used for the 2022-2023 SBCS Tenant-Based Rental Assistance Program and authorizing the City Manager or designee to execute the First Amendment to the Original Agreement with SBCS Corporation and all HUD grant documents. (4/5 Vote Required) SUMMARY In 2014, the City of Chula Vista set a goal to utilize 100% of its U.S. Department of Housing and Urban Development entitlement grants to assist low- and moderate-income residents to break the cycle of poverty through supporting social service programs in an Anti-Poverty Strategy. Of the $631,125 HOME Investment Partnership grant funds received in Fiscal Year 2014-2015, $85,774.95 were not utilized as planned. This action would reallocate the unused funds to an existing agreement with SBCS Corporation to increase funding for a Tenant Based Rental Assistance program. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and NEPA. The activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of allocating excess funds to be used for the SBCS Tenant Based Rental Assistanc e Page 101 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 Program and will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines. Pursuant to Title 24, Part 58.35(b)(1) of the Code of Federal Regulations and HUD Environmental Guidelines, the activity is Categorically excluded under NEPA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION As an entitlement community through the U.S. Department of Housing and Urban Development (HUD), the City of Chula Vista receives annual funding under three entitlement block gra nt programs: Community Development Block Grant, HOME Investment Partnership (HOME), and the Emergency Solutions Grant. The amounts allocated to each jurisdiction are determined by using a formula based on statistical and demographic data. The purpose of this funding is to provide housing, a suitable living environment, and to expand economic opportunities principally for low- and moderate-income persons. As a recipient of these HUD funds, the City is required to adopt a five-year planning document titled the Consolidated Plan (the “ConPlan”) which describes the City's five-year strategy for use of these funds based upon the identified goals and objectives related to its housing and community development priorities. The City annually selects activities for funding that best meet the needs of the community as specified within the ConPlan, while also meeting the national objectives and requirements of the grant funds. The selected activities are then incorporated into a one-year planning document, known as the Annual Action Plan (the “Action Plan”). The Action Plan constitutes the City’s formal funding application to HUD for the corresponding grant year. HOME was created in 1990 and aimed to give non-profit organizations and municipalities the fiscal opportunity to empower communities to design and implement strategies tailored to their own needs and priorities. HOME allows jurisdictions to utilize up to 10% of their annual allocation for administration, requires a 15% set-aside for Community Housing Development Organization (CHDO) activities (private nonprofit, community-based service organization that has obtained or intends to obtain staff with the capacity to develop affordable housing for the community it serves) which must be spent within a 24 month period, and the remaining funds for a variety of housing activities including construction of affordable housing, rehabilitation of housing, acquisition of buildings for affordable housing, homebuyer down payment assistance and counseling, and/or tenant-based rental assistance (TBRA). In Fiscal Year 2014-2015 (FY14-15) the City of Chula Vista designated entitlement funds to an Anti-Poverty Strategy and distributed funds to the Chula Vista Community Collaborative, Family Health Centers of San Diego, Interfaith Shelter Network, Meals-on-Wheels, San Diego Food Bank, and SBCS Corporation. Many of the programs include a multi-faceted approach to assist low-income families by giving them a hand up, through assistance with job readiness, educational training, counseling, childcare, food, clothing, housing assistance and a host of other services to help families and individuals escape the cycle of poverty. Specifically, the City received $631,125 from HOME. In July 2023, the City was notified that $85,774.95 of these FY14-15 HOME funds remained unused and were eligible to be reallocated as general entitlement funds with an expenditure deadline of September 30, 2023. Due to the limited uses of HOME for preservation or creation of affordable housing as described above, and Page 102 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 the quick deadline for expenditure, it is crucial to allocate funds to an existing agreement with a subrecipient who has the ability to expend for an eligible use. With the reallocation approval received from HUD, City staff recommends adding the $85,774.95 to HOME TBRA Agreement No. 2022-233 (the “Original Agreement”) with SBCS Corporation through execution of First Amendment 2023-171 (see Attachment 1). The additional $85,774.95 would be added to the $818,597 in the Original Agreement approved on July 12, 2022 via Council Resolution No. 2022-159, thereby increasing the total agreement amount to $904,371.95. 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 Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the General Fund as a result of this action. The funds for this action were previously appropriated in the Federal Grant Fund. This action reallocates $85,774.95 in funds to be used for the First Amendment to the SBCS Corporation agreement. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as a result of this action. All costs associated with the administration of the HOME programs are covered by the respective grant. ATTACHMENTS 1. First Amendment No. 2023-171 to SBCS TBRA Agreement No. 2022-233 Staff Contact: Alekzander De La Cruz, Office Specialist Stacey Kurz, Director of Homeless and Housing Services Page 103 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REALLOCATING U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HOME INVESTMENT PARTNERSHIP PROGRAM FISCAL YEAR 2014-15 FUNDS TO A TENANT-BASED RENTAL ASSISTANCE PROGRAM AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL ASSOCIATED GRANT DOCUMENTS AND A FIRST AMENDMENT TO THE AGREEMENT WITH SBCS CORPORATION WHEREAS, as a U.S. Department of Housing and Urban Development (HUD) entitlement community the City receives an annual allocation of HOME Investment Partnership Program (HOME) federal funds for a variety of eligible housing activities including construction of affordable housing, rehabilitation of affordable housing, acquisition of buildings for affordable housing, homebuyer down payment assistance and counseling, and tenant-based rental assistance; and WHEREAS, in Fiscal Year 2014-2015 (FY14-15) the City of Chula Vista received $631,125 in HOME funds and allocated and appropriated 10% for administration fees, 15% to Community Housing Development Organizations (CHDO), and the remaining $473,343.75 in funds towards eligible uses; and WHEREAS, on July 18, 2023 HUD notified the City that of the FY14-15 HOME funds $85,774.95 was not used and has been carried over into the current fiscal year and reallocated as general entitlement funds with an expenditure deadline of September 30, 2023; and WHEREAS, it has been determined that the most expedient and highest current need for the funds is in homeless prevention activities through an existing Tenant Based Rental Assistance (TBRA) Program administered by SBCS Corporation via Agreement No. 2022-233 (“Original Contract”) for $818,597; and WHEREAS, the City desires to amend the Original Contract to reallocate $85,774.95 in HOME towards TBRA, increasing the amount of the contract to a total of $904,371.95. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the reallocation of $85,774.95 in unused HOME funds from FY14-15 to SBCS Corporation’s 2022-23 HOME TBRA Program and authorizes the City Manager or designee to execute a First Amendment No. 2023-171 effective July 18, 2023 to Original Agreement No. 2022- 233 to increase the total contract value to $904,371.95 and authorizes execution of all associated HUD grant documents to enable the reallocation and meet expenditure requirements. 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 Page 104 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-171 Consultant Name: SBCS Corporation Rev. 1/24/2023 FIRST AMENDMENT to Tenant Based Rental Assistance Program Contract between the City of Chula Vista and SBCS Corporation This First Amendment is entered into effective as of July 18, 2023 (“Effective Date”) by and between the City of Chula Vista (“City”) and SBCS Corporation (“Subrecipient”) with reference to the following facts: RECITALS WHEREAS, as a U.S. Department of Housing and Urban Development (HUD) entitlement community the City receives an annual allocation of HOME Investment Partnership Program (HOME) federal funds for a variety of housing activities including construction of affordable housing; rehabilitation of affordable housing; acquisition of buildings for affordable housing; homebuyer down payment assistance and counseling; and tenant-based rental assistance; and WHEREAS, in Fiscal Year 2014-15 (FY14-15) the City of Chula Vista received $631,125 in HOME funds and designated 10% of such funds for administrative, 15% towards Community Housing Development Organization’s (CHDO’s), and the remaining $473,343.75 in funds for the Anti-Poverty Strategy of FY14-15; and WHEREAS, on July 18, 2023 HUD notified the City that of the FY14-15 HOME funds $85,774.95 was not used and has been carried over into the current fiscal year and reallocated as general entitlement funds with an expenditure deadline of September 30, 2023; and WHEREAS, based on the allowable uses and the expenditure deadline of the reallocated funds staff has determined the most appropriate and expedient use of such funds is for tenant based rental assistance for low-income families or individuals; and WHEREAS, the City has an existing contract for a HOME funded Tenant Based Rental Assistant Program with SBCS Corporation, Agreement No. 2022-233 (“Original Contract”) for $818,597, and therefore desires to amend such Original Contract to add the reallocated $85,774.95, increasing the amount of the contract to a total of $904,371.95. NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Subrecipient agree as follows: 1. The Original Contract is amended as follows: Section IV of the Original Contract, “Compensation”, is amended to replace “$818,597.00” with “$904,371.95”. 2. Pursuant to section VII. of the Original Contract, the Term is extended through June 30, 2024. Page 105 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-171 Consultant Name: SBCS Corporation Rev. 1/24/2023 3. Except as expressly provided herein, all other terms and conditions of the Original Contract shall remain in full force and effect. 4. Each party represents that it has full right, power and authority to execute this First Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this First Amendment on the behalf of such party are duly authorized agents with authority to do so. (End of page. Signature page is next.) Page 106 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Amendment to Agreement No.: 2023-171 Consultant Name: SBCS Corporation Rev. 1/24/2023 SIGNATURE PAGE TO FIRST AMENDMENT to Tenant Based Rental Assistance Program Contract between the City of Chula Vista and SBCS Corporation SBCS CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ KATHRYN LEMBO MARIA KACHADOORIAN PRESIDENT & CEO CITY MANAGER APPROVED AS TO FORM BY: _______________________________ Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 107 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Grant Application: Approve the City’s Filing of a Community Enhancement Grant Application with the County of San Diego for the City-Sponsored 2023 Starlight Parade Report Number: 23-0234 Location: Downtown Third Avenue (H Street to E Street) Department: Communications 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 City’s filing of an application for a $30,000 Community Enhancement Grant from the County of San Diego for the City Sponsored 2023 Starlight Parade; authorizing the City Manager, or designee, to execute an agreement between the City and County of San Diego and related documents for the grant; and appropriating any grant funds that may be received. (4/5 Vote Required) SUMMARY The Starlight Parade will be returning December 3, 2023 after a three-year hiatus. To assist in funding the event expenses, the City would like to submit an application for grant funding for the County of San Diego Community Enhancement Grant in the amount of $30,000. 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. Page 108 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 DISCUSSION The Starlight Parade will be returning on Sunday, December 3, 2023, after a three-year hiatus. Held in Downtown Chula Vista, the event is expected to attract more than 30,000 spectators who will line Third Avenue to watch the parade. From marching bands to dance troops to flatbed floats and Santa on a fire truck – the Starlight Parade brings the magic of the holidays to Chula Vista’s historic downtown. Prior to the commencement of the Parade, and in partnership with Downtown Chula Vista Association, a Festival will take place in Memorial Park with free family activities including a Chula Vista Express train ride, live entertainment, pictures with Santa and a tree lighting ceremony. The Starlight Parade has historically been a City-sponsored event and its activities are supported in part from grants and sponsorships. The County of San Diego Community Enhancement Program funds grants for cultural activities, museums, visitor and convention bureaus, economic development councils, and other similar institutions that program and general tourism and/or economic development at the regional and community levels throughout San Diego County. To assist in funding this year’s Starlight Parade, the City would like to submit an application for grant funding from the County of San Diego Community Enhancement Grant in the amount of $30,000. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers 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 Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year net fiscal impact associated with this item. If the grant application is approved, the City will receive and appropriate up to $30,000 in Community Enhancement Grant funds from the County of San Diego to offset Starlight Parade expenses. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS None. Staff Contact: Karen Schulman, Special Events and Communications Coordinator Page 109 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CITY’S FILING OF AN APPLICATION FOR A COMMUNITY ENHANCEMENT GRANT FROM THE COUNTY OF SAN DIEGO FOR THE CITY-SPONSORED 2023 STARLIGHT PARADE, AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT AND RELATED GRANT DOCUMENTS, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Starlight Parade held in Chula Vista’s historic downtown will be returning December 3, 2023 after a three-year hiatus; and WHEREAS, the Starlight Parade is a beloved community event celebrating the holiday season and bringing more than 30,000 spectators to Third Avenue to enjoy over 100 parade entrants from marching bands to dance troops and other community groups; and WHEREAS, this City-sponsored event has activities that will be supported in part from grants and sponsorships; and WHEREAS, the County of San Diego Community Enhancement Program provides funding for nonprofit corporations or government/public agencies for certain specified purposes; and WHEREAS, the City of Chula Vista intends to file an application with the County of San Diego for Community Enhancement Program funding. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the filing of an application for a $30,000 Community Enhancement Grant with the County of San Diego and approves the requisite resolution provided by the County, and 2. Authorizes the City Manager or Designee to execute an agreement between the City of Chula Vista and the County of San Diego and related documents for the grant; and 3. Should a grant be awarded, appropriates funds accordingly. Presented by Approved as to form by Maria V. Kachadoorian Jill D.S. Maland City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 110 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Agreements: Amendments to Legal Services Agreements with Best, Best, and Krieger, LLP to Provide On-Call and Public Records Act Legal Services Report Number: 23-0252 Location: No specific geographic location Department: City Attorney Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the amendments to the Legal Services Agreements with Best, Best, and Krieger, LLP for on-call and Public Records Act legal services for not-to-exceed amounts of $300,000 and $200,000, respectively. SUMMARY The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations and staff. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed and anticipates that it will remain so until a new City Attorney is elected and seated. The amendments to these agreements will allow the City to continue to use the law firm of Best, Best, and Krieger, LLP for on-call legal services and Public Records Act legal services until the City Attorney’s Office is more fully staffed. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 111 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed due to the City Attorney vacancy, recent retirements, and attrition. The office is anticipated to remain understaffed until a new City Attorney is elected and seated. In the interim, the City Attorney’s Office has utilized private law firms to assist in managing the City’s legal needs. The City presently has legal services agreements with Best, Best, and Krieger, LLP for general on-call legal services and Public Record Act legal services. The City has found that Best, Best, and Krieger, LLP has provided responsive, high quality legal assistance on a variety of matters pursuant to these agreements, including public contracting, general contract review, and Public Records Act review and responses, among other matters. Given the large volume of legal work and the temporarily reduced level of staffing in the City Attorney’s Office, the capacity of $50,000 in the existing two agreements have been expended. The requested first amendment to the legal services agreement for on-call legal services with Best, Best, & Krieger, LLP will increase the capacity to a not-to-exceed amount of $300,000; the amendment does not change any other provisions of the original agreement. The requested second amendment to the legal services agreement for Public Records Act services will increase the capacity to a not-to-exceed amount of $200,000 and extend the agreement through September 2024. The costs of these contract amendments were anticipated and are already included within the current year budget, so no additional appropriation is necessary. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact as a result of this action. Funding was included in the current year budget appropriations. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Original Legal Services Agreement for On Call Legal Services, dated February 21, 2023 Page 112 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 2. First Amendment to Legal Services Agreement for On Call Legal Services 3. Original Legal Services Agreement for Public Records Act Services, dated September 29, 2022 4. First Amendment to Legal Services Agreement for Public Records Act Services, dated July 26, 2023 5. Second Amendment to Legal Services Agreement for Public Records Act Services Staff Contact: Megan McClurg, Assistant City Attorney Page 113 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE LEGAL SERVICES AGREEMENTS FOR ON-CALL AND PUBLIC RECORDS ACT LEGAL SERVICES BETWEEN THE CITY AND BEST, BEST, AND KRIEGER, LLP WHEREAS, the City previously entered into a legal service agreement on February 21, 2023 with Best, Best, & Krieger, LLP, to provide on-call legal services (“General Legal Services Agreement”); and WHEREAS, Section 3.1 of the General Legal Services Agreements provides that Best, Best, & Krieger, LLP’s compensation shall not exceed $50,000; and WHEREAS, City has a continuing need for the on-call legal services provided by Best, Best, & Krieger, LLP, resulting in additional costs; and WHEREAS, staff therefore recommends approving the First Amendment to the General Legal Services Agreement, increasing the not-to-exceed compensation from $50,000 to $300,000 through the initial term; and WHEREAS, the City previously entered into a legal service agreement on September 29, 2023 with Best, Best, & Krieger, LLP, to provide Public Records Act legal services (“Public Records Act Legal Services Agreement”); and WHEREAS, City and Best, Best, & Krieger, LLP previously entered into a First Amendment to the Public Records Act Legal Services Agreement on July 26, 2023 to increase the not-to-exceed compensation in Section 3.1 from $30,000 to $50,000; and WHEREAS, City has a continuing need for the Public Records Act services provided by Best, Best, & Krieger, LLP, resulting in additional costs; and WHEREAS, staff therefore recommends approving the Second Amendment to the Public Records Act Services Agreement, increasing the not-to-exceed compensation from $50,000 to $200,000 and extending the agreement term through September 29, 2024; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the First Amendment to the Legal Services Agreement for on-call legal services between the City and Best, Best, & Krieger, LLP, 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 Attorney to execute same. Page 114 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution No. Page 2 2. Approves the Second Amendment to the Legal Services Agreement for Public Records Act legal services between the City and Best, Best, & Krieger, LLP, 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 Attorney to execute same. Presented by Approved as to form By: Megan McClurg Jill D.S. Maland Assistant City Attorney Lounsbery Ferguson Altona & Peak Acting City Attorney Page 115 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 1 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Legal Services Agreement (“Agreement”) is entered into February 21, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”). RECITAL Attorney represents it is qualified by virtue of experience, training, education, and expertise to accomplish the services to be provided under this Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall cover services rendered from the first communication between the City and Attorney until one-year after the Effective Date. Notwithstanding the original term above, the City has the option to extend the term of this Agreement for up to five (5) one-year increments. The City Attorney shall be authorized to exercise the options to extend. If City exercises an option to extend, each extension shall be on the same terms and conditions herein unless otherwise amended in a written amendment between the parties. 2. Services to be Provided. The services to be performed by Attorney shall consist of the performance of any and all tasks and services reasonably required to advise, assist, and fully and competently represent the City in all legal matters presented to Attorney and on any matters in litigation, wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the City in regard to on-call legal services as more particularly described in Scope of Legal Services Order(s) executed by the parties. The Scope of Legal Services Order(s) shall be substantially in the form of Exhibit B to this Agreement. (collectively, the “Required Services”). 3. Compensation - Attorney shall be compensated for performance of the Required Services as follows: 3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not exceed $50,000 without the express written authorization of the City prior to work or services performed. Any amounts incurred beyond that amount that were not so approved in writing, are subject to non- payment. Attorney shall submit an initial estimated budget and a liability assessment within thirty (30) days following the receipt of initial file and assignment. Prior to commencing services under this Agreement, Attorney shall obtain advance approval of the individual attorneys who will be performing any Required Services. Additionally, Attorney shall obtain advance approval of any changes to the individual attorneys performing any Required Services. The City shall compensate Attorney for the Required Services satisfactorily performed and approved at the following hourly rates: DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 116 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 2 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 Land Use and CEQA, Labor and Employment Partners and Of Counsel $375/hour Associates $295/hour Paralegals, Analysts and Law Clerks $180/hour Real Estate and Business Transactions Partners and Of Counsel $450/hour Associates $295/hour Paralegals, Analysts and Law Clerks $180/hour Public Finance Partners and Of Counsel $475/hour Associates $330/hour Paralegals, Analysts and Law Clerks $190/hour Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. BBK provides Electronically Stored Information (“ESI”) services for matters requiring ESI support – typically litigation or threatened litigation matters. BBK provides services for basic ESI processing and storage at the following rates per month based on the number of gigabytes of data (“GB”) processed and stored: 1GB -250GB: $10 per GB 251GB - 550GB: $8 per GB 551GB - 750GB: $6 per GB 751GB - 1TB: $4 per GB The amount BBK charges for basic processing and storage of ESI allows BBK to recover the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it charges for processing and storage are lower than comparable services available from third party vendors in the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify BBK in writing. BBK shall not incur costs for ESI support on a particular matter without first confirming by email or written correspondence with the client that the client agrees such services are necessary for the matter at hand. 3.2 Billing. Attorney agrees to provide City with a detailed invoice for the Required Services performed each month, within thirty (30) days of the end of the month in which the Required Services were performed. 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 and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate, basis for calculation of all fees and costs, total fees and costs incurred, total amount paid and balance remaining. All invoices submitted must include, on the first page of the invoice, the original estimated budget, and all subsequently revised budgets, beginning with the first invoice submitted and all invoices thereafter. The City does not pay for the preparation of billings or for discussions concerning billing. The City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 117 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 3 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for performing any task unless the City has expressly authorized in writing the use of two or more attorneys for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: City of Chula Vista Attorney’s Office ATTN: Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 snecochea@chulavistaca.gov 3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees to pay Attorney for the approved amounts within thirty (30) days. 3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs, travel, and expenses. These records shall be made available to the City upon reasonable request. The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by Attorney in performing any services under this Agreement as follows: a) Photocopying charges at no more than $0.15 per page. b) Parking Fees at the actual amount charged to Attorney. c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred outside of San Diego County must be authorized and approved in advance of the City. d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees and the cost of serving process actually incurred by Attorney. e) Attorney may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the City. The City will not reimburse Attorney for any additional charges incurred due to “rush” deliveries or “late” charges, unless such expenses are approved in writing and in advance by the City after the need for such services is determined by the City to be reasonably beyond the control of Attorney. To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. 3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the City, authorized and approved in writing and in advance, for which the City shall reimburse the Attorney or pay investigators, consultants, or experts directly. In no event shall Attorney retain any service of any expert, investigator, or consultant without first receiving express authorization and approval from the City. DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 118 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 4 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 4. Insurance. 4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) aggregate. The City reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of “A+” or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the City. If the Attorney maintains higher limits than the minimums stated above, the City requires and shall be entitled to coverage for the higher limits maintained by the Attorney. Said insurance policy shall provide coverage to the City for any damages or losses suffered by the City as a result of any error or omission, or neglect by Attorney which arise out of the services rendered under this Agreement. City acknowledges that such insurance is subject to a self-insured retention or deductible, and Attorney agrees that any such amount in excess of One Million Dollars 1,000,000) (Attorney’s current self-insured retention or deductible) shall be subject to City approval. Attorney shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the City Attorney, a Certificate of Insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until the later of the date of expiration or termination of this Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney shall renew the Certificates of Insurance at least fifteen (15) days prior to expiration and submit to the City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of Insurance may result in a delay of payment. Attorney shall not commence any work under this Agreement until Attorney has obtained and submitted all City approved insurance. All insurance required shall be carried only by responsible insurance companies licensed to do business in California. All policies shall contain language to the effect that: (1) the insurer waives any right of subrogation against the City and the City’s elected officials, officers, employees, agents, and representatives; and (2) insurance shall be primary non-contributing and any other insurance carried by the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make Attorney other than an independent contractor for all purposes. Attorney agrees to notify the City in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’ fees, arising out DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 119 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 5 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub- contractors, or independent contractors of Attorney, except where the loss or liability arises out of the sole negligence or willful misconduct of the City. 6. City Agent. The City Attorney, for the purposes of this Agreement, is the agent for the City. Whenever authorization or approval is required, Attorney understands that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. Attorney represents that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the City which may be affected by the services to be performed by Attorney under this Agreement. Attorney further agrees that no person having any such interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain from any contracts or decisions under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the Business and Professions Code and by California Rules of Professional Conduct, Attorney represents that no Attorney shall represent clients before any board, commission, committee or agency of the City or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. Attorney shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes, and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by Attorney shall be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand or upon termination of this Agreement. 12. Notices. Attorney must immediately advise City of any significant developments in the performance of the Required Services. City requires that drafts of all pleadings or papers filed with the court be provided to City in advance of filing and with adequate time for review and comment by City. Attorney must immediately advise City of all trial related dates, any dates for alternative dispute resolution, and any motion or court hearing dates upon first notification to Attorney of such dates. DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 120 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 6 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify the City within ten (10) days of the date of any change of address and agree to keep an updated address with the applicable Courts on any matters that Attorney is representing the City. a. Address of Attorney is as follows: Jeffrey S. Ballinger Best Best & Krieger, LLP 655 West Broadway, 15th floor San Diego, CA 92101 jeff.ballinger@bbklaw.com b. Address of City is as follows: Law Office Manager City of Chula Vista Attorney’s Office 276 Fourth Avenue Chula Vista, CA 91910 snecochea@chulavistaca.gov 13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not substitute out as Attorney of Record on any matters it may be representing the City without first obtaining written consent from the City, or first obtaining an appropriate Court Order, allowing Attorney to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their performance of Required Services rendered under this Agreement shall be assigned by Attorney or subcontracted to any other party without prior written authorization and approval of the City. 15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. City Audit. The City is required to complete an annual audit. The Auditors may contact and require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may be required. 19. Entire Agreement. This Agreement represents the parties’ final and mutual understanding This Agreement supersedes any previous agreements, oral or written regarding the same subject matter covered by this Agreement, with the exception of the following legal services agreements, which shall govern the relationship of the parties according to the terms of such agreements: DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 121 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 9999.91145\40977898.2 Page 7 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 Legal Services Agreement, dated November 30, 2022 (CFD 17-I (“Backhouse Apartments”)) Legal Services Agreement, dated May 2, 2022 (Bond Opportunities for Land Development (BOLD)) Legal Services Agreement, dated November 21, 2022 (Millenia Project) 20. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and Attorney survive the termination of this Agreement. 26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political Reform Act conflict of interest and disclosure provisions and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit A, or if none are specified, then as determined by the City Attorney. IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year shown hereinabove. CITY OF CHULA VISTA By: ________________________________________________________ Glen R. Googins, City Attorney ATTORNEY By: ________________________________________________________ Jeffrey S. Ballinger, Partner DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 122 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 99999.91145\40977898.2 Page 8 of 8 LSA-BEST BEST & KRIEGER LLP RFQP 2.21.2023 Revised date: 5/27/2021 EXHIBIT A STATEMENT OF ECONOMIC INTERESTS BEST BEST & KRIEGER LLP Attorney: Jeffrey S. Ballinger X ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer. FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: 1. All investments, sources of income, and business positions; 2. Interests in real property located in the City of Chula Vista; 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of a City department; 4. Investments, business positions in business entities, and sources of income that engage in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City of Chula Vista; 5. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to the City of Chula Vista; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by the City; 6. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to a City department; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by a City department; 7. Investments, business positions in business entities, and sources of income that, within the past two years, have received grants or other monies from or through the City of Chula Vista. DocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 123 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda EXHIBIT B SCOPE OF LEGAL SERVICES ORDER No. INSERT Date: INSERT This Scope of Legal Services Order (“Order”) is issued pursuant to the Legal Services Agreement Agreement”), dated INSERT, between the City of Chula Vista (“City”) and INSERT LAW FIRM NAME (“Attorney”). This Order is subject to all terms and conditions of the Agreement. All defined terms in this Order shall have the same meaning as the Agreement. 1. Services to be Provided. Attorney shall perform all tasks and services reasonably required to advise, assist, and fully and competently represent the City in the following matters: INSERT 2. Order Compensation. City will compensate Attorney for the performance of Required Services in this Order as provided in Section 3 of the Agreement. The total amount to be paid to Attorney under this Order shall not exceed $INSERT. By executing below, the parties agree to the terms of this Order. CITY OF CHULA VISTA By: ________________________________________________________ Glen R. Googins, City Attorney ATTORNEY By: ________________________________________________________ EXAMPLEDocuSign Envelope ID: 2C269C66-32D5-487C-A452-C23C42C9B567 Page 124 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 1 of 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this effective day of September 12, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to on-call legal services pursuant to a Legal Services Agreement between City and Attorney effective February 21, 2023 Legal Services Agreement”); and WHEREAS, the Parties desire to continue utilizing the services of Attorney related to on-call legal services, resulting in additional costs exceeding $50,000.00. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount from fifty thousand dollars ($50,000.00) to three hundred thousand dollars ($300,000.00). 2. Costs that exceeded $50,000.00 that were incurred under the Legal Services Agreement but prior to this First Amendment are to be covered and compensated by this First Amendment. 3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. Signature Page to follow) DocuSign Envelope ID: 04F9FD69-85CB-4425-A901-8A8C6E1344D5 Page 125 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 2 of 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this First Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this First Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this First Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Jill Maland Lounsbery Ferguson Altona & Peak, LLP Acting City Attorney ATTORNEY By: ________________________________________________________ Jeffrey S. Ballinger Best, Best & Krieger, LLP Partner DocuSign Envelope ID: 04F9FD69-85CB-4425-A901-8A8C6E1344D5 for Page 126 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 1 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Legal Services Agreement (“Agreement”) is entered into September 29, 2022 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”). RECITAL Attorney represents it is qualified by virtue of experience, training, education, and expertise to accomplish the services to be provided under this Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall cover services rendered from the first communication between the City and Attorney until one-year after the Effective Date. Notwithstanding the original term above, the City has the option to extend the term of this Agreement for up to five (5) one-year increments. The City Attorney shall be authorized to exercise the options to extend. If City exercises an option to extend, each extension shall be on the same terms and conditions herein unless otherwise amended in a written amendment between the parties. 2. Services to be Provided. Upon prior authorization of City, Attorney’s services shall include processing requests for public records, pursuant to the California Public Records Act (“PRA”), assisting the City in updating PRA and other records-related policies to reflect industry standards and best practices and providing training for City staff and officials, including training on PRA, electronic records, e-Discovery, and social media (collectively, the “Required Services”). 3. Compensation - Attorney shall be compensated for performance of the Required Services as follows: 3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not exceed $30,000 without the express written authorization of the City prior to work or services performed. Any amounts incurred beyond that amount that were not so approved in writing, are subject to non- payment. The City shall compensate Attorney for the Required Services satisfactorily performed and approved at the following hourly rates: PRA Processing $220/hr Training $1,000 plus expenses Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. 3.2 Billing. Attorney agrees to provide City with a detailed invoice for the Required Services performed each month, within thirty (30) days of the end of the month in which the Required Services DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 127 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 2 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 were performed. 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 and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate, basis for calculation of all fees and costs, total fees and costs incurred, total amount paid and balance remaining. All invoices submitted must include, on the first page of the invoice, the original estimated budget, and all subsequently revised budgets, beginning with the first invoice submitted and all invoices thereafter. The City does not pay for the preparation of billings or for discussions concerning billing. The City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for performing any task unless the City has expressly authorized in writing the use of two or more attorneys for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: City of Chula Vista City Attorney’s Office ATTN: Stephanie Necochea, Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees to pay Attorney for the approved amounts within thirty (30) days. 3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs, travel, and expenses. These records shall be made available to the City upon reasonable request. The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by Attorney in performing any services under this Agreement as follows: a) Photocopying charges at no more than $0.15 per page. b) Parking Fees at the actual amount charged to Attorney. c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred outside of San Diego County must be authorized and approved in advance of the City. d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees and the cost of serving process actually incurred by Attorney. e) Attorney may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the City. The City will not reimburse Attorney for any additional charges incurred due to “rush” deliveries or “late” charges, unless such expenses are approved in writing and in advance by the City after the need for such services is determined by the City to be reasonably beyond the control of Attorney. To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 128 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 3 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 4. Insurance. 4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) aggregate. The City reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of “A+” or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the City. If the Attorney maintains higher limits than the minimums stated above, the City requires and shall be entitled to coverage for the higher limits maintained by the Attorney. Said insurance policy shall provide coverage to the City for any damages or losses suffered by the City as a result of any error or omission, or neglect by Attorney which arise out of the services rendered under this Agreement. Such insurance may not be subject to a self-insured retention or deductible in an amount in excess of Twenty-Five thousand ($25,000.00) dollars without prior written authorization and approval by the City. Attorney shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the City Attorney, a Certificate of Insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until the later of the date of expiration or termination of this Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney shall renew the Certificates of Insurance at least fifteen (15) days prior to expiration and submit to the City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of Insurance may result in a delay of payment. Attorney shall not commence any work under this Agreement until Attorney has obtained and submitted all City approved insurance. All insurance required shall be carried only by responsible insurance companies licensed to do business in California. All policies shall contain language to the effect that: (1) the insurer waives any right of subrogation against the City and the City’s elected officials, officers, employees, agents, and representatives; and (2) insurance shall be primary non-contributing and any other insurance carried by the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make Attorney other than an independent contractor for all purposes. Attorney agrees to notify the City in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 129 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 4 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’ fees, arising out of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub- contractors, or independent contractors of Attorney, except where the loss or liability arises out of the sole negligence or willful misconduct of the City. 6. City Agent. The City Attorney, for the purposes of this Agreement, is the agent for the City. Whenever authorization or approval is required, Attorney understands that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. Attorney represents that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the City which may be affected by the services to be performed by Attorney under this Agreement. Attorney further agrees that no person having any such interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain from any contracts or decisions under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the Business and Professions Code and by California Rules of Professional Conduct, Attorney represents that no Attorney shall represent clients before any board, commission, committee or agency of the City or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. Attorney shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes, and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by Attorney shall be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand or upon termination of this Agreement. 12. Notices. Attorney must immediately advise City of any significant developments in the performance of the Required Services. All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 130 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 5 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 the City within ten (10) days of the date of any change of address and agree to keep an updated address with the applicable Courts on any matters that Attorney is representing the City. a. Address of Attorney is as follows: Christine N. Wood Best Best & Krieger LLP 300 South Grand Avenue, 25th Floor Los Angeles, CA 90071 b. Address of City is as follows: City of Chula Vista City Attorney’s Office ATTN: Stephanie Necochea, Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not substitute out as Attorney of Record on any matters it may be representing the City without first obtaining written consent from the City, or first obtaining an appropriate Court Order, allowing Attorney to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their performance of Required Services rendered under this Agreement shall be assigned by Attorney or subcontracted to any other party without prior written authorization and approval of the City. 15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. City Audit. The City is required to complete an annual audit. The Auditors may contact and require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may be required. 19. Entire Agreement. This Agreement represents the parties’ final and mutual understanding. This Agreement supersedes any previous agreements, oral or written. 20. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 131 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 6 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and Attorney survive the termination of this Agreement. 26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political Reform Act conflict of interest and disclosure provisions and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit A, or if none are specified, then as determined by the City Attorney. DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 132 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 7 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year shown hereinabove. CITY OF CHULA VISTA By: ________________________________________________________ Glen R. Googins, City Attorney ATTORNEY By: ________________________________________________________ Christine N. Wood DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 133 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 8 of 8 LSA-BB&K ARC public records processing Sept 29, 2022 Revised date: 5/27/2021 STATEMENT OF ECONOMIC INTERESTS CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP Attorney: Christine N. Wood X ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer. FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: 1. All investments, sources of income, and business positions; 2. Interests in real property located in the City of Chula Vista; 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of a City department; 4. Investments, business positions in business entities, and sources of income that engage in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City of Chula Vista; 5. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to the City of Chula Vista; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by the City; 6. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to a City department; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by a City department; 7. Investments, business positions in business entities, and sources of income that, within the past two years, have received grants or other monies from or through the City of Chula Vista. DocuSign Envelope ID: B2C6007C-24ED-444E-B22B-C8705FFF2F14 Page 134 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 1 of 2 1st Amendment to LSA-BBK ARC public records processing 7.26.23 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this effective day of July 26, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to processing requests for public records, pursuant to the California Public Records Act (“PRA”), assisting the City in updating PRA and other records-related policies to reflect industry standards and best practices and providing training for City staff and officials, including training on PRA, electronic records, e- Discovery, and social media operations pursuant to a Legal Services Agreement between City and Attorney effective September 29, 2022 (“Legal Services Agreement”); and WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services Agreement shall not exceed $30,000.00 without the express written authorization of the City; and WHEREAS, the services by Attorney are to include continued assistance related to processing requests for public records, which will result in additional costs exceeding $30,000.00. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount from thirty thousand dollars ($30,000.00) to fifty thousand dollars ($50,000.00). 2. Costs that exceeded $30,000.00 that were incurred under the Legal Services Agreement but prior to this First Amendment are to be covered and compensated by this First Amendment. 3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. Signature Page to follow) DocuSign Envelope ID: 80139022-25BB-4880-AC93-0BB5C1F2289C Page 135 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 2 of 2 1st Amendment to LSA-BBK ARC public records processing 7.26.23 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this First Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this First Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this First Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Jill Maland Lounsbery Ferguson Altona & Peak Acting City Attorney ATTORNEY By: ________________________________________________________ Christine N. Wood DocuSign Envelope ID: 80139022-25BB-4880-AC93-0BB5C1F2289C for Page 136 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 1 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into this effective day of September 12, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City related to processing requests for public records, pursuant to the California Public Records Act (“PRA”), assisting the City in updating PRA and other records-related policies to reflect industry standards and best practices and providing training for City staff and officials, including training on PRA, electronic records, e - Discovery, and social media operations pursuant to a Legal Services Agreement between City and Attorney effective September 29, 2022 (“Legal Services Agreement”); and WHEREAS, the Parties previously executed a First Amendment to the Legal Services Agreement on July 26, 2023 to change the not to exceed amount in Section 3.1 from $30,000.00 to $50,000; and WHEREAS, the Parties desire to continue utilizing the services of Attorney related to processing requests for public records through September 29, 2024, resulting in additional costs exceeding $50,000.00. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Pursuant to Section 1 of the Legal Services Agreement, the Term is extended through September 29, 2024. 2. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount from fifty thousand dollars ($50,000.00) to two hundred thousand dollars ($200,000.00). 3. Costs that exceeded $50,000.00 that were incurred under the Legal Services Agreement but prior to this Second Amendment are to be covered and compensated by this Second Amendment. 4. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. (Signature Page to follow) Page 137 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 2 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Second Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Second Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Jill Maland Lounsbery Ferguson Altona & Peak, LLP Acting City Attorney ATTORNEY By: ________________________________________________________ Christine N. Wood Best, Best & Krieger, LLP Partner and Director of PRA Services and E-Discovery Counsel Page 138 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Ratification of Appointment: City Manager’s Appointment of the Deputy City Manager – Courtney Chase Report Number: 23-0242 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution ratifying the City Manager’s appointment of Courtney Chase as Deputy City Manager. SUMMARY In March 2023, then-Deputy City Manager Tiffany Allen was promoted to Assistant City Manager, vacating her Deputy City Manager position. The City Manager has selected current Director of Human Resources/Risk Management Courtney Chase to fill the vacant Deputy City Manager position. This item seeks to approve the appointment of Courtney Chase to the position of Deputy City Manager effective September 22, 2023. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 139 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 DISCUSSION The Fiscal Year 2024 Adopted Budget for the Administration Department (City Manager’s Office) provides for one full-time equivalent (1.0 FTE) Assistant City Manager position and two full-time equivalent (2.0 FTE) Deputy City Manager positions. In March 2023, then-Deputy City Manager Tiffany Allen was promoted to Assistant City Manager and vacated her Deputy City Manager position. The City Manager has since selected Director of Human Resources/Risk Management Courtney Chase to fill the position of Deputy City Manager. The City of Chula Vista’s Charter Section 500 (a) grants the City Manager the authority to appoint department heads subject to the approval of the City Council. Ms. Chase has been with the City of Chula Vista for over eight years, has over 20 years of experience in Human Resources and brings a wide breadth and depth of leadership experience that will complement the current City management team and continue to move many City projects forward. Her accomplishments, duties and responsibilities are impressive and can be reviewed in th e attached resume. City Council adoption of the resolution will ratify the City Manager’s appointment. 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 section 18704.2(a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact as a result of this action. Funding for the position is available based on current year budget appropriations. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. This position will be included as part of the annual budget development process in future years. ATTACHMENTS 1. Resume Staff Contact: Tanya Tomlinson, Human Resources Manager Page 140 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF DEPUTY CITY MANAGER – COURTNEY CHASE WHEREAS, the City of Chula Vista’s Charter Section 500(a) grants the City Manager the authority to appoint department heads subject to the approval of the City Council; and WHEREAS, the City Manager has selected Courtney Chase to fill the position of Deputy City Manager effective September 22, 2023. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it ratifies the City Manager’s appointment of Courtney Chase to Deputy City Manager effective September 22, 2023. Presented by Approved as to form by Maria V. Kachadoorian Jill D.S. Maland City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 141 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Courtney Chase PROFESSIONAL EXPERIENCE City of Chula Vista March 2015 - Present Director of Human Resources/Risk Management Direct the activities and operations of the Department of Human Resources for 1,000 permanent and 400 seasonal City staff. Oversee labor relations, recruitment, selection, classification, compensation, retirement, employee benefits administration, safety, workers' compensation, training, employee engagement and wellness. Serve as lead negotiator for the City’s six labor contracts. Serve as staff chair for the Civil Service Commission and Measure A Citizens’ Oversight Commission. City of Encinitas May 2013 - March 2015 Human Resources Manager Directed, managed, supervised, and coordinated the operations of the Department including recruitment, selection, classification, compensation, employee benefits, employee relations, and training. Served as the City's lead labor negotiator. Conducted fact-finding investigations for sworn and non-sworn personnel. City of Coronado May 2011 - May 2013 Human Resources Manager Directed, managed, supervised and coordinated the operations of the Human Resources Division including recruitment, selection, classification, compensation, workers' compensation, employee benefits administration, employee relations, and training. Served as the City's labor negotiator responsible for three labor contracts including police and fire. Successfully negotiated the removal of employer paid member contributions (EPMC). Served as staff for the Civil Service Commission. County of San Diego December 2002 - May 2011 Labor Relations Officer (August 2008 – May 2011) Administered labor contracts for 25 bargaining units and eight unions. Served as lead negotiator representing the County. Administered the Labor Relations Ordinance and represented the County in arbitrations. Resolved differences with employee organizations and communicated the County's position. Senior Departmental Human Resources Officer (May 2006 - August 2008) Managed the Human Resources Division of the Assessor/Recorder/County Clerk. Supervised payroll, personnel and professional staff. Counseled and guided supervisors, managers, and the elected official on a variety of personnel-related matters. Represented the elected official to employees, supervisors, and employee representatives. Prepared and issued investigations and discipline. Human Resources Analyst (December 2002 - May 2006) Responsible for recruitment, selection, classification and compensation for the County's Public Safety Group. Designed and carried out recruitment plans including creation of tests and assessment centers. Conducted classification studies and total compensation analysis. Additional responsibilities included creating background investigation unit, representing the County at unemployment hearings and risk management/workers’ compensation mitigation. Page 142 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Courtney Chase EDUCATION San Diego State University Master of Business Administration - Finance/Management University of California, San Diego Bachelor of Arts in Political Science with a minor in Economics Certifications IPMA–Certified Professional, SHRM-Certified Professional PROFESSIONAL ORGANIZATIONS National Public Employee Labor Relations Association Member California Public Employee Labor Relations Association Member Society of Human Resources Management Member International Public Management Association for Human Resources Member City/County Personnel Association of San Diego (CCPA) Past President AWARDS San Diego Business Journal’s 40 under 40 2020 CCPA Kevin Powell Award for Excellence in Human Resources 2022 Page 143 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Investment Report: Quarter Ending June 30, 2023 Report Number: 23-0235 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 Receive the investment report for the quarter ending on June 30, 2023. SUMMARY Transmitted herewith is the City’s investment report for the quarter ending June 30, 2023. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in July. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 144 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 DISCUSSION As shown in the table below, the total cash and investment portfolio held by the City as of June 30, 2023, was $632,309,123 and total cash and investments held by the trustees was $155,863,319. Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2023-024 on March 7, 2023. During this quarter, $30,000,000 was transferred to the State of CA Local Agency Investment Fund, pooled investment account. Additionally, sixteen investments matured, totaling $17,012,000. Five purchases were made to replace those investments. Purchased investments include: four treasury notes ($27,000,000) and one federal agency bond ($5,000,000). The Finance Department continues to manage the portfolio and execute transactions as financial and economic conditions warrant. There is no further activity to report other than routine investments. Two-year Treasuries yielding 4.06% at the beginning of the quarter and ended the quarter at a yield of 4.87%. As of June 30, 2023, the Weighted Yield to Maturity on the Managed Investment Portfolio was 2.32%, which was an increase of 26 basis points from the previous quarter. The average yield of the two-year U.S. treasury note over the last twelve months is 4.19%. Purchases are made at current market yields with fixed interest rates. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.66 years, which is a decrease from 1.87 years the prior quarter and is within the Council Policy. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. During this quarter, the FOMC met on May 2 and June 13. At their May 2 meeting, the FOMC voted to raise the Federal Funds Rate target range by 0.25%. At their June 13 meeting, the FOMC voted to maintain the Federal Funds Rate target range. The Federal Funds Rate target range is 5.00%-5.25%. The following excerpts are from the statement issued by the FOMC following their June 13 meeting. “Recent indicators suggest that economic activity has continued to expand at a modest pace. Job gains have been robust in recent months, and the unemployment rate has remained low. Inflation remains elevated. The U.S. banking system is sound and resilient. Tighter credit conditions for households and businesses are likely to weigh on economic activity, hiring, and inflation. The extent of these effects remains uncertain. The Committee remains Summary of Cash and Investments as of June 30, 2023 Investments Book Value Managed Investment Portfolio 517,862,887$ State of California Local Agency Investment Fund 72,141,963 County of San Diego Pooled Investment Fund 23,688,679 Total Investments 613,693,529 Cash/Time Deposits 18,615,594 Total Cash and Investments Held by the City 632,309,123 Cash and Investments Held by Bank Trustee 155,863,319 Total Investment Portfolio 788,172,442$ Page 145 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 highly attentive to inflation risks. The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. In support of these goals, the Committee decided to maintain the target range for the federal funds rate at 5 to 5-1/4 percent. Holding the target range steady at this meeting allows the Committee to assess additional information and its implications for monetary policy. In determining the extent of additional policy firming that may be appropriate to return inflation to 2 percent over time… In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee's goals. The Committee's assessments will take into account a wide range of information, including readings on labor market conditions, inflation pressures and inflation expectations, and financial and international developments.” This quarter, the City Council approved an agreement with Chandler Asset Management, Inc. to provide non- discretionary investment management services to manage the City’s investment portfolio. The Finance Department, with this assistance of Chandler Asset Management, Inc, continues to manage the City’s investment portfolio in accordance with the Government Code and the Council Investment Policy. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Summary of Cash and Investments as of June 30, 2023 2. Investment Report for the Quarter Ended June 30, 2023 Staff Contact: Adrian Del Rio, Assistant Director, Finance Department Sarah Schoen, Director of Finance/Treasurer Page 146 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 Page 147 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $1,375,240 $1,375,240 $1,375,240 0.17% U.S. Treasury Bond/Note 46,000,000 45,683,045 46,069,616 5.85% Federal Agency Collateralized Mtg Ob. 0 0 0 0.00% Federal Agency Bond/Note 205,295,000 195,833,019 204,667,262 25.97% Corporate Note 142,513,000 136,500,330 143,157,984 18.16% Commercial Paper 0 0 0 0.00% Certificate of Deposit 21,356,000 20,528,198 21,358,305 2.71% Municipal Bond 79,135,000 75,132,670 78,662,036 9.98% Supranationals 18,400,000 17,222,078 18,264,469 2.32% Asset Back Security/Collateralized Mtg Ob. 0 0 0 0.00% Placement Service Deposits (CDARS) 4,307,974 4,307,974 4,307,974 0.55% Managed Investment Portfolio Subtotal 518,382,214 496,582,555 517,862,887 65.70% Pooled Investments State of CA Local Agency Investment Fund 72,141,963 71,047,461 72,141,963 9.15% County of San Diego Pooled Investment Fund 23,688,679 23,577,663 23,688,679 3.01% Pooled Investments Subtotal 95,830,642 94,625,124 95,830,642 12.16% Investments Held by the City 614,212,856 591,207,679 613,693,529 15.16% Cash/Time Deposits 18,615,594 18,615,594 18,615,594 2.36% Total Cash & Investments Held by the City $632,828,450 $609,823,273 $632,309,123 80.22% Held by Bank Trustee/Fiduciary Funds Investment Agreements 0 0 0 0.00% Mutual Funds 19,907,519 19,693,575 19,907,519 2.53% Cash with Fiscal Agents 0 0 0 0.00% Restricted Cash 20,008,545 20,008,545 20,008,545 2.54% U.S. Government 115,947,255 115,947,255 115,947,255 14.71% Total Held by Bank Trustee/Fiduciary Funds $155,863,319 $155,649,374 $155,863,319 19.78% Total Portfolio $788,691,768 $765,472,648 $788,172,442 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Book value is par value of the security plus or minus any premium or discount on the security. Summary of Cash and Investments as of June 30, 2023 City of Chula Vista Page 148 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Excludes Pooled Investments and BNY Custodial Cash AccountPortfolio MaturityUnder 1 YearMaturityJune 2023 March 2023 Change1 - 2 Years3-Month 5.43% 4.85% 0.58% 2 - 3 Years1-Year5.40% 4.64% 0.76% 3 - 4 Years2-Year4.87% 4.06% 0.81% 4 - 5 Years3-Year4.49% 3.81% 0.68% Total5-Year4.13% 3.60% 0.53%10-Year3.81% 3.48% 0.33%AprilMayJune 2022 June 2021 June 2020 June 2019June2.92% 0.25% 0.16% 1.75% Total for QuarterNote: Interest Earnings figures do not include capital gains or lossesPAR Maturing13,474,000$ City of Chula VistaInvestment Report for the Quarter Ended June 30, 2023Portfolio Summary and Key StatisticsPAR ValueBook ValueMarket ValueWeighted Average Maturity (in years)Weighted Yield to MaturityPortfolio Key Statistics614,212,856$ 613,693,529$ 591,207,679$ 1.662.32%2,872,638$ % Maturing2022 Change505,006,974$ 31%30%24%12%3%100%159,030,974$ 152,868,000$ 120,252,000$ 59,382,000$ 746,684$ U.S. Treasury Yields - Quarterly Comparison2-Year U.S. Treasury Yield - Historical Data1,131,049$ 994,906$ 614,750$ 797,704$ Interest Earnings 2023694,368$ 2,106,821$ 516,299$ 197,201$ 52,316$ 765,817$ 0.00%3.47%0.00%23.09%33.12%7.73%12.71%2.91%0.73%12.02%3.99%0.23%ASSET‐BACKED SECURITYCERTIFICATE OF DEPOSITCOMMERCIAL PAPERCORPORATE NOTEFEDERAL AGENCY BOND/NOTEU.S. TREASURY NOTEMUNICIPAL BONDSUPRANATIONALPLACEMENT SERVICE DEPOSITSLOCAL AGENCY INVESTMENT FUNDSD COUNTY INVESTMENT POOLMONEY MARKET FUND (BNY MELLON)0%5%10%15%20%25%30%35%Under 1Year1 ‐ 2 Years 2 ‐ 3 Years 3 ‐ 4 Years 4 ‐ 5 Years31%30%24%12%3%Portfolio Maturity DistributionPage 1 of 17Source: City of Chula Vista Finance DepartmentPage 149 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1ASSET-BACKED SECURITYSUBTOTAL 0.00 0.00 0.0030886WAB1 FARMERS & MERCH SVGS BKNO 8/15/2019 1.950% 8/15/2023 249,000.00NA8/1/2019 8/15/2019249,000.00 1.95 247,970.8663970QFT8 NEBRASKALAND NATIONAL BANKNO 8/22/2019 1.750% 8/22/2023 248,000.00NA8/12/2019 8/22/2019248,000.00 1.75 246,746.3633766LAH1 FIRSTIER BANKNO 8/23/2019 1.900% 8/23/2023 249,000.00NA8/8/2019 8/23/2019249,000.00 1.90 247,774.3702519TAW6AMERICAN COMMERCE BANKNO 8/23/2019 1.750% 8/23/2023 249,000.00NA8/12/2019 8/23/2019249,000.00 1.75 247,718.7015118RRF6 CELTIC BANKNO 8/30/2019 1.800% 8/30/2023 249,000.00NA8/12/2019 8/30/2019249,000.00 1.80 247,487.2933648RAZ2 FIRST ST BANK BUXTONNO 9/5/2019 1.650% 9/5/2023 249,000.00NA8/27/2019 9/5/2019249,000.00 1.65 247,269.84634116CU9 NATIONAL BANK OF NY CITYNO 9/10/2019 1.700% 9/8/2023 249,000.00NA8/27/2019 9/10/2019249,000.00 1.70 247,216.6200257TBG0ABACUS FEDERAL SVGS BANKNO 9/12/2019 1.700% 9/12/2023 249,000.00NA8/27/2019 9/12/2019249,000.00 1.70 247,115.1633640VDB1 FIRST SERVICE BANKNO 9/30/2019 1.750% 9/29/2023 249,000.00NA9/17/2019 9/30/2019249,000.00 1.75 246,717.1320033AM86 COMENITY CAPITALNO 10/30/2018 3.450% 10/30/2023 249,000.00NA10/26/2018 10/30/2018249,000.00 3.45 247,348.2538148PY84 GOLDMAN SACHSNO 10/31/2018 3.500% 10/31/2023 245,000.00NA10/26/2018 10/31/2018245,000.00 3.50 243,420.2590348JFQ8 UBS BANK USANO 11/7/2018 3.500% 11/7/2023 249,000.00NA10/30/2018 11/7/2018249,000.00 3.50 247,284.7006740KMU8 BARCLAYS BANKNO 11/7/2018 3.450% 11/7/2023 245,000.00NA10/29/2018 11/7/2018245,000.00 3.45 243,257.5661690UAZ3 MORGAN STANLEYNO 11/8/2018 3.550% 11/8/2023 245,000.00NA10/31/2018 11/8/2018245,000.00 3.55 243,331.5917312QV55 CITIBANK NANO 11/9/2018 3.450% 11/9/2023 245,000.00NA10/26/2018 11/9/2018245,000.00 3.45 243,232.19949763UY0 WELLS FARGO BANK NANO 11/9/2018 3.500% 11/9/2023 249,000.00NA10/26/2018 11/9/2018249,000.00 3.50 247,258.4520143PDV9 COMMERCIAL BANK HARROGATENO 11/15/2018 3.400% 11/15/2023 249,000.00NA11/7/2018 11/15/2018249,000.00 3.40 247,085.7406426KBH0 BANK OF NEW ENGLANDNO 7/19/2019 2.150% 11/20/2023 249,000.00NA7/10/2019 7/19/2019249,000.00 2.15 245,797.0806062R7R7 BANK OF BARODANO 11/30/2018 3.550% 11/30/2023 245,000.00NA11/20/2018 11/30/2018245,000.00 3.55 243,110.7757116ATG3 MARLIN BUSINESS BANKNO 12/2/2019 1.700% 12/4/2023 249,000.00NA11/6/2019 12/2/2019249,000.00 1.70 245,048.26066851WH5 BAR HARBOR BANK & TRUSTNO 12/31/2018 3.300% 12/29/2023 249,000.00NA12/19/2018 12/31/2018249,000.00 3.30 246,410.26629801AB7 NAHEOLA CREDIT UNIONNO 1/10/2020 2.000% 1/10/2024 248,000.00NA12/20/2019 1/10/2020248,000.00 2.00 243,595.9758404DDG3 MEDALLION BANK UTAHNO 2/11/2019 3.000% 2/12/2024 249,000.00NA1/30/2019 2/11/2019249,000.00 3.00 245,353.0777579ADF0 ROLLSTONE BANK & TRUSTNO 2/12/2020 1.650% 2/12/2024 247,000.00NA2/11/2020 2/13/2020247,000.00 1.65 241,362.2969324MAL9 PCSB BANKNO 2/21/2020 1.650% 2/21/2024 249,000.00NA2/6/2020 2/21/2020249,000.00 1.65 243,050.7906251AW48 BANK HAPOALIM BM NYNO 3/25/2019 2.900% 3/25/2024 246,000.00NA3/18/2019 3/25/2019246,000.00 2.90 241,550.5205465DAK4AXOS BANKNO 3/26/2020 1.650% 3/26/2024 249,000.00NA2/27/2020 3/26/2020249,000.00 1.65 242,182.31654062JR0 NICOLET NATIONAL BANKNO 3/31/2020 1.150% 3/28/2024 249,000.00NA3/18/2020 3/31/2020249,000.00 1.15 241,213.2751210SSH1 LAKESIDE BANKNO 4/14/2020 1.250% 4/12/2024 249,000.00NA4/3/2020 4/14/2020249,000.00 1.25 240,954.01472382AQ3 JEFFERSON BANKNO 4/15/2020 1.250% 4/15/2024 249,000.00NA4/3/2020 4/15/2020249,000.00 1.25 240,871.6969506YRH4 PACIFIC WESTERN BANKNO 4/16/2020 1.300% 4/16/2024 248,000.00NA4/6/2020 4/16/2020248,000.00 1.30 240,037.0888457PAR8 THOMASTON SAVINGS BANKNO 4/23/2020 1.250% 4/23/2024 248,000.00NA4/13/2020 4/23/2020248,000.00 1.25 239,752.4666736ABT5 NORTHWEST BANKNO 4/30/2020 1.100% 4/30/2024 249,000.00NA4/17/2020 4/30/2020249,000.00 1.10 239,721.7932027BAM9 FIRST FREEDOM BANKNO 4/30/2020 1.100% 4/30/2024 249,000.00NA4/17/2020 4/30/2020249,000.00 1.10 239,721.79909242AH2 UNITED REPUBLIC BANKNO 5/13/2020 1.000% 5/13/2024 249,000.00NA4/21/2020 5/13/2020249,000.00 1.00 239,121.1614042RLZ2 CAPITAL ONE NANO 6/19/2019 2.500% 6/19/2024 246,000.00NA6/11/2019 6/19/2019246,000.00 2.50 238,256.9414042TAW7 CAPITAL ONE BANKNO 6/19/2019 2.500% 6/19/2024 246,000.00NA6/11/2019 6/19/2019246,000.00 2.50 238,256.94501798NL2 LCA BANK CORPORATIONNO 6/28/2019 2.200% 6/28/2024 247,000.00NA6/19/2019 6/28/2019247,000.00 2.20 238,323.69761402BY1 REVERE BANKNO 6/28/2019 2.300% 6/28/2024 247,000.00NA6/18/2019 6/28/2019247,000.00 2.30 238,562.77156634AS6 CENTURY NEXT BANKNO 7/17/2019 2.000% 7/17/2024 249,000.00NA7/3/2019 7/17/2019249,000.00 2.00 238,656.4015721UDB2 CF BANKNO 8/19/2019 1.850% 8/19/2024 247,000.00NA8/8/2019 8/19/2019247,000.00 1.85 235,687.9933617LAC3 FIRST RESOURCE BANKNO 8/21/2019 1.700% 8/21/2024 249,000.00NA8/12/2019 8/21/2019249,000.00 1.70 237,125.56128829AF5 CALDWELL BANK & TRUSTNO 8/23/2019 1.900% 8/23/2024 247,000.00NA8/7/2019 8/23/2019247,000.00 1.90 235,828.12938828BJ8 WASHINGTON FEDERALNO 8/23/2019 2.050% 8/23/2024 249,000.00NA7/29/2019 8/23/2019249,000.00 2.05 238,050.59372348CK6 GENOA BANKING COMPANYNO 8/28/2019 1.800% 8/28/2024 249,000.00NA8/12/2019 8/28/2019249,000.00 1.80 237,217.33589227AG2 MERCHANTS STATE BANKNO 8/30/2019 1.800% 8/30/2024 247,000.00NA8/7/2019 8/30/2019247,000.00 1.80 235,581.85740367HS9 PREFERRED BANKNO 8/30/2019 1.850% 8/30/2024 249,000.00NA8/7/2019 8/30/2019249,000.00 1.85 237,525.32Page 2 of 17Page 150 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1710665FD7 PEOPLES BANK ROCK VALLEYNO 3/10/2020 1.500% 9/10/2024 249,000.00NA2/24/2020 3/10/2020249,000.00 1.50 236,218.58020080BL0ALMA BANKNO 9/11/2019 1.750% 9/11/2024 249,000.00NA8/27/2019 9/11/2019249,000.00 1.75 236,921.13064236BG6 BANK OF OLD MONROENO 9/18/2019 1.700% 9/18/2024 249,000.00NA8/27/2019 9/18/2019249,000.00 1.70 236,587.03849430BA0 SPRING BANKNO 9/19/2019 1.650% 9/19/2024 249,000.00NA8/27/2019 9/19/2019249,000.00 1.65 236,411.5129367RLA2 ENTERPRISE BANKNO 9/27/2019 1.800% 9/27/2024 247,000.00NA9/17/2019 9/27/2019247,000.00 1.80 234,858.3706652CHB0 BANKWEST INCNO 9/27/2019 1.700% 9/27/2024 249,000.00NA9/12/2019 9/27/2019249,000.00 1.70 236,346.27903572DX0 UINTA BANKNO 10/16/2019 1.700% 10/16/2024 247,000.00NA10/4/2019 10/16/2019247,000.00 1.70 234,303.8062844AAP2 MUTUALBANKNO 10/22/2019 1.700% 10/22/2024 249,000.00NA10/4/2019 10/22/2019249,000.00 1.70 235,925.0032116PAM0 FIRST BANK OF NEBRASKANO 10/30/2019 1.700% 10/30/2024 249,000.00NA10/9/2019 10/30/2019249,000.00 1.70 235,967.9129367SJQ8 ENTERPRISE BANK & TRUSTNO 11/8/2019 1.800% 11/8/2024 249,000.00NA10/22/2019 11/8/2019249,000.00 1.80 236,066.0389579NCB7 TRIAD BANKNO 11/8/2019 1.800% 11/8/2024 249,000.00NA11/4/2019 11/8/2019249,000.00 1.80 236,066.03560507AN5 MAINE SAVINGS FCUNO 11/8/2019 1.900% 11/8/2024 245,000.00NA2/3/2020 2/5/2020247,305.45 1.69 232,598.26201282JB7 COMMERCIAL BANK ALMA MINO 11/13/2019 1.750% 11/13/2024 249,000.00NA10/31/2019 11/13/2019249,000.00 1.75 235,774.3820404YCF0 COMMUNITY STATE BANK ILNO 3/2/2020 1.550% 12/2/2024 249,000.00NA2/13/2020 3/2/2020249,000.00 1.55 234,872.31204161BJ1 COMMUNITY BANK TEXASNO 12/4/2019 1.800% 12/4/2024 249,000.00NA11/20/2019 12/4/2019249,000.00 1.80 235,686.37062163BN9 BANK FORWARDNO 12/18/2019 1.750% 12/18/2024 249,000.00NA12/5/2019 12/18/2019249,000.00 1.75 235,166.5935637RDC8 FREEDOM FINANCIAL BANKNO 2/14/2020 1.550% 2/14/2025 249,000.00NA2/6/2020 2/14/2020249,000.00 1.55 233,563.1332114VBT3 FIRST NATL BANK MICHIGANNO 2/14/2020 1.650% 2/14/2025 249,000.00NA2/4/2020 2/14/2020249,000.00 1.65 233,955.70029728BC5AMERICAN STATE BANK IANO 2/21/2020 1.600% 2/21/2025 249,000.00NA2/6/2020 2/21/2020249,000.00 1.60 233,588.3107815AAZ0 BELL BANK CORPNO 2/27/2020 1.600% 2/27/2025 249,000.00NA2/10/2020 2/27/2020249,000.00 1.60 233,442.0702554BCZ2AMERICAN EAGLE BANK ILNO 2/28/2020 1.600% 2/28/2025 249,000.00NA2/18/2020 3/2/2020249,000.00 1.60 233,417.8344042TBX1 HORIZON BANK WAVERLY NENO 2/28/2020 1.550% 2/28/2025 249,000.00NA2/6/2020 2/28/2020249,000.00 1.55 233,217.1332117WAN2 FNB OF ALBANYNO 2/28/2020 1.600% 2/28/2025 249,000.00NA2/25/2020 2/28/2020249,000.00 1.60 233,417.8346256YBF5 IOWA STATE BANKNO 3/5/2020 1.500% 3/5/2025 248,000.00NA2/24/2020 3/5/2020248,000.00 1.50 232,409.3500435JBH5ACCESS BANK OMAHA NENO 3/13/2020 1.600% 3/13/2025 249,000.00NA2/27/2020 3/13/2020249,000.00 1.60 233,416.4858117WAG2 MCHENRY SAVINGS BANKNO 3/13/2020 1.550% 3/13/2025 249,000.00NA2/25/2020 3/13/2020249,000.00 1.55 233,211.5530257JAR6 FNB BANK INC/ROMNEYNO 3/18/2020 1.150% 3/18/2025 249,000.00NA3/2/2020 3/18/2020249,000.00 1.15 231,438.57411822CN7 HARDIN COUNTY BANKNO 3/27/2020 1.000% 3/27/2025 249,000.00NA3/9/2020 3/27/2020249,000.00 1.00 230,570.76064657BB4 BANK OF ROMNEYNO 3/27/2020 1.150% 3/27/2025 249,000.00NA3/2/2020 3/27/2020249,000.00 1.15 231,198.7379772FAF3 SAN FRANCISCO CREDIT NO 3/27/2020 1.100% 3/27/2025 249,000.00NA3/10/2020 3/27/2025249,000.00 1.10 230,989.41152577AZ5 CENTRAL BANKNO 3/27/2020 1.000% 3/27/2025 249,000.00NA3/11/2020 3/27/2020249,000.00 1.00 230,570.76499724AM4 KNOXVILLE TVA EMPL CREDITNO 3/31/2020 1.000% 3/31/2025 249,000.00NA3/11/2020 3/31/2020249,000.00 1.00 231,108.3615201QCJ4 CENTERSTATE BANKNO 3/30/2020 1.000% 3/31/2025 248,000.00NA3/10/2020 3/30/2020248,000.00 1.00 230,341.2438058KEF9 GOLD COAST BANKNO 4/15/2020 1.300% 4/15/2025 249,000.00NA3/31/2020 4/15/2020249,000.00 1.30 231,669.5187164WZS0SYNCHRONY BANKNO 4/17/2020 1.450% 4/17/2025 248,000.00NA4/6/2020 4/17/2020248,000.00 1.45 231,484.85856285TF8 STATE BANK OF INDIANO 4/29/2020 1.600% 4/29/2025 248,000.00NA4/13/2020 4/29/2020248,000.00 1.60 231,849.2708016PDP1 BELMONT BANK & TRUSTNO 4/30/2020 1.300% 4/30/2025 249,000.00NA4/3/2020 4/30/2020249,000.00 1.30 231,631.5955316CAY2 M1 BANKNO 5/8/2020 1.000% 5/8/2025 248,000.00NA4/27/2020 5/8/2020248,000.00 1.00 229,348.5201882MAC6ALLIANT CREDIT UNIONNO 12/30/2022 5.000% 12/30/2027 249,000.00NA12/21/2022 12/30/2022249,000.00 5.00 256,424.53CERTIFICATE OF DEPOSIT SUBTOTAL 21,356,000.00 21,358,305.45 20,528,198.18COMMERCIAL PAPER SUBTOTAL 0.00 0.00 0.0017330PSX8 CITIGROUP GLOBAL MARKETSNO 7/20/2022 3.750% 7/20/2023 3,500,000.00A7/12/2022 7/20/20223,500,000.00 3.75 3,488,205.0006053FAA7 BANK OF AMERICA CORPNO 7/23/2013 4.100% 7/24/2023 1,255,000.00A- 12/8/2021 12/10/20211,322,968.05 0.74 1,254,071.3069349LAM0 PNC BANK NAYES 7/25/2013 3.800% 7/25/2023 2,525,000.00A- 12/22/2021 12/27/20212,633,878.00 0.89 2,521,717.5006406FAD5 BANK OF NEW YORK MELLON CORPYES 8/16/2016 2.200% 8/16/2023 3,000,000.00A12/22/2021 12/27/20213,066,220.51 0.84 2,987,760.0089236THA6 TOYOTA MOTOR CORPMW 5/26/2020 1.350% 8/25/2023 2,500,000.00A+ 12/29/2021 12/31/20212,523,100.00 0.79 2,486,400.00375558BL6 GILEAD SCIENCESMW 9/20/2016 2.500% 9/1/2023 3,092,000.00BBB+ 6/3/2019 6/5/20193,086,640.60 2.54 3,075,643.3202665WDM0AMERICAN HONDA FINANCEMW 9/10/2020 0.650% 9/8/2023 3,000,000.00A- 12/8/2021 12/10/20212,990,803.11 0.83 2,972,850.00Page 3 of 17Page 151 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1231021AR7 CUMMINS INCMW 9/24/2013 3.650% 10/1/2023 3,500,000.00A+ 7/15/2019 7/18/20193,689,081.20 2.22 3,480,260.0014913Q2S7 CATERPILLAR FINL MW 12/7/2018 3.650% 12/7/2023 3,700,000.00A6/4/2019 6/6/20193,870,829.00 2.56 3,676,653.0024422EUX5 JOHN DEERE CAPITAL CORPNO 6/7/2019 2.600% 3/7/2024 3,000,000.00A5/1/2020 5/5/20203,154,993.53 1.22 2,940,210.00904764AX5 UNILEVER CAPITALMW&C 5/5/2017 2.600% 5/5/2024 1,500,000.00A+ 2/4/2020 2/6/20201,550,235.00 1.75 1,464,255.00904764AX5 UNILEVER CAPITALMW&C 5/5/2017 2.600% 5/5/2024 2,000,000.00A+ 2/6/2020 2/10/20202,063,700.00 1.79 1,952,340.00037833AS9APPLE INCMW 5/6/2014 3.450% 5/6/2024 250,000.00AA+ 1/31/2020 2/4/2020268,607.50 1.63 246,365.00037833CU2APPLE INCMW 5/11/2017 2.850% 5/11/2024 650,000.00AA+ 2/5/2020 2/7/2020679,640.00 1.69 635,947.00882508BB9 TEXAS INSTRUMENTSMW 5/4/2017 2.625% 5/15/2024 1,000,000.00A+ 7/16/2019 7/19/20191,015,040.00 2.28 976,140.0006406HCV9 BANK OF NEW YORK MELLON CORPMW 5/7/2014 3.400% 5/15/2024 600,000.00A5/4/2020 5/6/2020647,702.11 1.36 587,760.00459200JY8 IBM CORPMW 5/15/2019 3.000% 5/15/2024 3,000,000.00A- 7/14/2021 7/16/20213,201,589.22 0.60 2,931,870.0004636NAC7ASTRAZENECA FINANCE LLCMW 5/28/2021 0.700% 5/28/2024 2,500,000.00A12/13/2021 12/15/20212,476,175.00 1.10 2,395,275.0068233JBM5 ONCOR ELECTRIC DELIVERYMW 5/23/2019 2.750% 6/1/2024 475,000.00A+ 12/23/2021 12/28/2021493,349.25 1.08 462,222.50440452AG5 HORMEL FOODS CORPMW 6/3/2021 0.650% 6/3/2024 3,000,000.00A- 1/19/2022 1/21/20222,962,380.00 1.19 2,869,020.00931142EL3 WALMART INCMW 4/23/2019 2.850% 7/8/2024 3,900,000.00AA5/10/2022 5/12/20223,910,569.00 2.71 3,802,773.0079466LAG9 SALESFORCE.COM INCMW 7/12/2021 0.625% 7/15/2024 450,000.00A+ 12/8/2021 12/10/2021446,113.52 0.96 428,346.0091324PDR0 UNITED HEALTHMW 7/25/2019 2.375% 8/15/2024 3,000,000.00A+ 7/9/2021 7/13/20213,164,611.52 0.58 2,898,780.0030231GBC5 EXXON MOBIL COMW 8/16/2019 2.019% 8/16/2024 1,000,000.00AA- 6/28/2021 6/30/20211,042,229.78 0.65 963,860.00023135AZ9AMAZON.COM INCMW 2/22/2018 2.800% 8/22/2024 226,000.00AA1/14/2020 1/16/2020234,784.62 1.88 219,730.7612189LAT8 BURLINGTON NORTH SANTA FEMW 8/18/2014 3.400% 9/1/2024 1,000,000.00AA- 1/14/2020 1/16/20201,063,990.00 1.87 974,640.0012189LAT8 BURLINGTON NORTH SANTA FEMW 8/18/2014 3.400% 9/1/2024 3,000,000.00AA- 12/3/2021 12/7/20213,178,248.00 0.97 2,923,920.00191216CL2 COCA-COLA COMW 9/6/2019 1.750% 9/6/2024 3,200,000.00A+ 12/17/2021 12/21/20213,268,288.00 0.95 3,092,448.0070450YAC7 PAYPAL HOLDINGMW 9/26/2019 2.400% 10/1/2024 950,000.00A- 6/28/2021 6/30/20211,002,643.56 0.67 912,798.0006406RAL1 BANK OF NEW YORK MELLON CORPNO 10/24/2019 2.100% 10/24/2024 1,000,000.00A12/8/2021 12/10/20211,026,690.00 1.15 955,610.0014913Q3B3 CATERPILLAR FINL MW 11/8/2019 2.150% 11/8/2024 3,000,000.00A12/3/2021 12/7/20213,093,739.11 1.06 2,874,390.00427866BC1 HERSHEY COMPANYMW 10/31/2019 2.050% 11/15/2024 677,000.00A1/14/2020 1/16/2020682,504.01 1.87 649,574.7300724FAC5ADOBE SYSTEMS INCMW 1/26/2015 3.250% 2/1/2025 2,595,000.00A+ 5/5/2022 5/9/20222,603,405.15 3.11 2,516,994.3069371RQ66 PACCAR FINANCIALNO 2/6/2020 1.800% 2/6/2025 1,000,000.00A+ 7/29/2021 8/2/20211,039,501.74 0.66 943,220.0089236TGT6 TOYOTA MOTOR CORPMW 2/13/2020 1.800% 2/13/2025 1,000,000.00A+ 10/15/2021 10/19/20211,025,005.34 1.03 946,270.0088579YBH3 3M COMPANYMW 8/26/2019 2.000% 2/14/2025 2,500,000.00A+ 1/19/2022 1/21/20222,540,850.00 1.44 2,357,775.00384802AE4 WW GRAINGER INCMW 2/26/2020 1.850% 2/15/2025 580,000.00A+ 7/23/2021 7/27/2021602,805.02 0.70 548,888.8024422EUE7 JOHN DEERE CAPITAL CORPNO 3/13/2018 3.450% 3/13/2025 1,250,000.00A11/19/2021 11/23/20211,345,784.48 1.08 1,213,925.00458140BP4 INTEL CORPMW 3/25/2020 3.400% 3/25/2025 2,001,000.00A11/22/2022 11/25/20221,951,375.20 4.53 1,938,828.93023135CE4AMAZON.COM INCMW 4/13/2022 3.000% 4/13/2025 3,000,000.00AA5/9/2022 5/11/20223,000,780.00 2.99 2,897,310.0087612EBL9 TARGET CORPMW 3/31/2020 2.250% 4/15/2025 3,000,000.00A1/27/2022 1/31/20223,046,902.17 1.75 2,857,170.00037833DT4APPLE INCMW 5/11/2020 1.125% 5/11/2025 1,131,000.00AA+ 11/19/2021 11/23/20211,131,188.51 1.12 1,053,605.67438516CB0 HONEYWELL INTERNATIONALMW 5/18/2020 1.350% 6/1/2025 3,000,000.00A11/19/2021 11/23/20213,020,786.76 1.14 2,798,310.00023135BQ8AMAZON.COM INCMW 6/3/2020 0.800% 6/3/2025 1,678,000.00AA12/14/2021 12/16/20211,655,794.57 1.19 1,549,616.2246625HMN7 JP MORGAN CHASEYES 7/21/2015 3.900% 7/15/2025 2,000,000.00A- 1/21/2022 1/25/20222,137,260.00 1.85 1,949,180.0069371RR99 PACCAR FINANCIALNO 8/11/2022 3.550% 8/11/2025 2,300,000.00A+ 12/13/2022 12/15/20222,253,206.04 4.37 2,229,528.00857477AT0 STATE STREET CORPNO 8/18/2015 3.550% 8/18/2025 1,600,000.00A3/25/2022 3/29/20221,623,320.62 3.09 1,541,248.00231021AU0 CUMMINS INCMW 8/24/2020 0.750% 9/1/2025 743,000.00A+ 12/8/2021 12/10/2021728,678.81 1.28 676,293.46231021AU0 CUMMINS INCMW 8/24/2020 0.750% 9/1/2025 2,257,000.00A+ 12/16/2021 12/20/20212,222,307.35 1.18 2,054,366.54437076BK7 HOME DEPOT INCMW 9/15/2015 3.350% 9/15/2025 3,200,000.00A7/29/2022 8/2/20223,224,486.40 3.09 3,087,040.0089236THP3 TOYOTA MOTOR CORPMW 10/16/2020 0.800% 10/16/2025 3,000,000.00A+ 12/8/2021 12/10/20212,931,090.00 1.42 2,716,860.0092826CAD4 VISA INCMW 12/14/2015 3.150% 12/14/2025 2,500,000.00AA- 3/24/2022 3/28/20222,535,958.53 2.74 2,394,700.00713448DF2 PEPSICO INCMW 2/24/2016 2.850% 2/24/2026 1,872,000.00A+ 10/4/2022 10/6/20221,785,214.08 4.34 1,783,005.1217275RBC5 CISCO SYSTEMSMW 2/29/2016 2.950% 2/28/2026 3,500,000.00AA- 11/22/2022 11/25/20223,353,490.00 4.34 3,358,530.0087612EBE5 TARGET CORPMW 4/11/2016 2.500% 4/15/2026 1,850,000.00A10/3/2022 10/5/20221,736,749.15 4.39 1,750,969.50Page 4 of 17Page 152 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 187612EBE5 TARGET CORPMW 4/11/2016 2.500% 4/15/2026 1,901,000.00A12/13/2022 12/15/20221,802,920.14 4.17 1,799,239.4769371RR32 PACCAR FINANCIALNO 5/10/2021 1.100% 5/11/2026 3,000,000.00A+ 10/3/2022 10/5/20222,673,850.54 4.40 2,696,550.00458140AU4 INTEL CORPMW 5/19/2016 2.600% 5/19/2026 2,374,000.00A12/23/2021 12/28/20212,494,124.40 1.34 2,233,293.02931142EM1 WALMART INCMW 4/23/2019 3.050% 7/8/2026 1,900,000.00AA9/23/2022 9/27/20221,829,939.40 4.11 1,816,628.0017275RBL5 CISCO SYSTEMSMW 9/20/2016 2.500% 9/20/2026 1,150,000.00AA- 10/4/2022 10/6/20221,084,622.50 4.07 1,076,975.00438516BL9 HONEYWELL INTERNATIONALMW 10/31/2016 2.500% 11/1/2026 1,185,000.00A8/1/2022 8/3/20221,160,092.98 3.03 1,105,984.20654106AF0 NIKE INCMW 10/21/2016 2.375% 11/1/2026 1,035,000.00AA- 8/2/2022 8/4/20221,003,598.10 3.14 961,090.65452308AX7 ILLINOIS TOOL WORKS INCMW 11/7/2016 2.650% 11/15/2026 1,421,000.00A+ 10/14/2022 10/18/20221,305,557.96 4.87 1,329,800.22002824BF6ABBOTT LABORATORIESMW 11/22/2016 3.750% 11/30/2026 1,000,000.00AA- 10/17/2022 10/19/2022964,363.96 4.71 973,910.0006048WS84 BANK OF AMERICA CORPYES 3/2/2022 2.750% 3/2/2027 4,000,000.00A- 2/28/2022 3/2/20224,000,000.00 2.75 3,561,320.00808513BY0 CHARLES SCHWAB CORPMW 3/3/2022 2.450% 3/3/2027 2,205,000.00A- 8/1/2022 8/3/20222,121,115.19 3.35 1,974,643.65713448ER5 PEPSICO INCMW 3/19/2020 2.625% 3/19/2027 1,935,000.00A+ 8/2/2022 8/4/20221,892,043.00 3.14 1,802,162.2522160KAM7 COSTCO WHOLESALE CORPMW 5/18/2017 3.000% 5/18/2027 3,200,000.00A+ 11/21/2022 11/23/20223,030,376.96 4.31 3,037,312.0058933YBC8 MERCK & CO INCMW 12/10/2021 1.700% 6/10/2027 3,200,000.00A+ 8/2/2022 8/4/20222,988,096.00 3.18 2,865,952.00CORPORATE NOTE SUBTOTAL 142,513,000.00 143,157,984.25 136,500,330.113133ENEY2 FED FARM CREDIT (FFCB)NO 11/24/2021 0.450% 7/24/2023 3,000,000.00AA+ 1/21/2022 1/24/20222,982,204.90 0.85 2,990,940.003133EKZK5 FED FARM CREDIT (FFCB)NO 8/14/2019 1.600% 8/14/2023 2,719,000.00AA+ 8/21/2019 8/22/20192,728,063.74 1.51 2,706,628.553133ENAL4 FED FARM CREDIT (FFCB)NO 10/12/2021 0.290% 10/12/2023 3,500,000.00AA+ 1/24/2022 1/25/20223,463,997.50 0.90 3,450,195.003137EAEY1 FREDDIE MAC (FHLMC)NO 10/16/2020 0.125% 10/16/2023 3,000,000.00AA+ 1/5/2022 1/6/20222,969,049.00 0.71 2,953,830.003130ASNW5 FED HOME LN BANK (FHLB)YES 7/27/2022 3.400% 10/27/2023 3,750,000.00AA+ 7/12/2022 7/27/20223,750,000.00 3.40 3,724,237.503130APU29 FED HOME LN BANK (FHLB)NO 11/12/2021 0.500% 11/9/2023 3,500,000.00AA+ 1/5/2022 1/6/20223,484,022.50 0.75 3,438,540.003130APWH4 FED HOME LN BANK (FHLB)YES 11/24/2021 0.750% 11/22/2023 3,500,000.00AA+ 1/3/2022 1/4/20223,497,186.00 0.79 3,434,655.003133ENEX4 FED FARM CREDIT (FFCB)NO 11/24/2021 0.550% 11/24/2023 3,000,000.00AA+ 1/5/2022 1/6/20222,987,194.59 0.78 2,943,150.003133ENHR4 FED FARM CREDIT (FFCB)NO 12/20/2021 0.680% 12/20/2023 3,000,000.00AA+ 1/24/2022 1/25/20222,983,080.00 0.98 2,935,200.003130ASP29 FED HOME LN BANK (FHLB)YES 7/29/2022 3.250% 1/26/2024 4,000,000.00AA+ 7/12/2022 7/29/20224,000,000.00 3.25 3,945,760.003130AQLR2 FED HOME LN BANK (FHLB)YES 2/7/2022 1.000% 2/7/2024 2,500,000.00AA+ 1/21/2022 2/7/20222,497,500.00 1.05 2,431,975.003130ASUZ0 FED HOME LN BANK (FHLB)YES 8/23/2022 3.230% 2/23/2024 2,500,000.00AA+ 8/10/2022 8/23/20222,497,500.00 3.30 2,465,650.003130AS3H0 FED HOME LN BANK (FHLB)YES 5/26/2022 2.625% 2/26/2024 1,600,000.00AA+ 5/10/2022 5/26/20221,600,000.00 2.63 1,567,424.003133ENQX1 FED FARM CREDIT (FFCB)YES 3/8/2022 1.670% 3/8/2024 2,500,000.00AA+ 3/3/2022 3/8/20222,500,000.00 1.67 2,433,675.003130AQD34 FED HOME LN BANK (FHLB)YES 12/28/2021 0.820% 3/28/2024 3,500,000.00AA+ 12/14/2021 12/28/20213,500,000.00 0.82 3,378,760.003130ARJJ1 FED HOME LN BANK (FHLB)YES 4/25/2022 2.500% 4/25/2024 2,720,000.00AA+ 3/25/2022 4/25/20222,720,000.00 2.50 2,652,924.803134GWJ64 FREDDIE MAC (FHLMC)YES 9/10/2020 0.400% 6/10/2024 1,950,000.00Aaa 12/16/2021 12/17/20211,929,720.00 0.82 1,857,843.003135GA5Y3 FANNIE MAE (FNMA)YES 12/14/2020 0.375% 6/14/2024 2,140,000.00AA+ 12/14/2021 12/15/20212,115,197.85 0.85 2,039,441.403130AQAH6 FED HOME LN BANK (FHLB)YES 12/28/2021 1.000% 6/28/2024 4,000,000.00AA+ 12/3/2021 12/28/20214,000,000.00 1.00 3,825,080.003133ELQ56 FED FARM CREDIT (FFCB)YES 7/2/2020 0.570% 7/2/2024 3,000,000.00AA+ 12/16/2021 12/17/20212,981,100.00 0.82 2,848,350.003130AP7D1 FED HOME LN BANK (FHLB)YES 10/19/2021 0.450% 7/19/2024 2,090,000.00AA+ 12/16/2021 12/17/20212,067,741.50 0.87 1,982,406.803130AQL68 FED HOME LN BANK (FHLB)YES 1/26/2022 1.080% 7/26/2024 3,200,000.00AA+ 1/6/2022 1/26/20223,200,000.00 1.08 3,053,440.003130APQX6 FED HOME LN BANK (FHLB)YES 11/23/2021 0.940% 8/23/2024 2,300,000.00AA+ 10/28/2021 11/23/20212,300,000.00 0.94 2,183,781.003130AS3U1 FED HOME LN BANK (FHLB)YES 5/26/2022 3.000% 8/26/2024 3,000,000.00AA+ 5/11/2022 5/26/20223,000,000.00 3.00 2,915,670.003130APYH2 FED HOME LN BANK (FHLB)YES 12/16/2021 1.000% 9/16/2024 4,000,000.00AA+ 11/17/2021 12/16/20214,000,000.00 1.00 3,789,960.003130AQ4Q3 FED HOME LN BANK (FHLB)YES 12/23/2021 1.000% 9/23/2024 3,000,000.00AA+ 12/1/2021 12/23/20213,000,000.00 1.00 2,840,310.0031422BMD9 FARMER MAC (FAMCA)NO 9/26/2019 1.740% 9/26/2024 4,000,000.00NR 10/28/2019 10/31/20193,997,528.13 1.75 3,829,200.003130AQD59 FED HOME LN BANK (FHLB)YES 12/30/2021 1.000% 9/30/2024 3,200,000.00AA+ 12/23/2021 12/30/20213,200,000.00 1.00 3,027,680.003133EGYR0 FED FARM CREDIT (FFCB)NO 10/17/2016 1.820% 10/17/2024 1,000,000.00AA+ 2/5/2020 2/6/20201,013,630.00 1.52 957,910.003130AQHL0 FED HOME LN BANK (FHLB)YES 1/25/2022 1.050% 10/25/2024 3,500,000.00AA+ 1/20/2022 1/25/20223,481,819.66 1.24 3,304,700.003133EK4Y9 FED FARM CREDIT (FFCB)NO 11/1/2019 1.650% 11/1/2024 3,000,000.00AA+ 2/6/2020 2/7/20203,017,700.00 1.52 2,863,920.003130APQM0 FED HOME LN BANK (FHLB)YES 11/18/2021 1.000% 11/18/2024 2,300,000.00AA+ 10/28/2021 11/18/20212,300,000.00 1.00 2,165,013.003130AQ3B7 FED HOME LN BANK (FHLB)YES 11/30/2021 1.000% 11/25/2024 1,000,000.00AA+ 12/14/2021 12/15/20211,000,368.28 0.99 940,650.00Page 5 of 17Page 153 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 13133EN4N7 FED FARM CREDIT (FFCB)NO 12/20/2022 4.250% 12/20/2024 1,200,000.00AA+ 12/28/2022 12/29/20221,194,984.00 4.47 1,181,820.003133ENKS8 FED FARM CREDIT (FFCB)NO 1/11/2022 1.125% 1/6/2025 1,500,000.00AA+ 1/10/2022 1/11/20221,496,925.00 1.20 1,411,815.003130A4CH3 FED HOME LN BANK (FHLB)NO 2/17/2015 2.375% 3/14/2025 3,000,000.00AA+ 12/17/2021 12/20/20213,137,340.00 0.93 2,866,170.003130ARA35 FED HOME LN BANK (FHLB)YES 3/24/2022 2.000% 3/24/2025 3,000,000.00AA+ 3/2/2022 3/24/20223,000,000.00 2.00 2,831,700.003130ANX96 FED HOME LN BANK (FHLB)YES 9/28/2021 0.600% 3/28/2025 3,500,000.00AA+ 12/15/2021 12/16/20213,447,500.00 1.07 3,235,715.003130ARJP7 FED HOME LN BANK (FHLB)YES 4/21/2022 2.670% 4/21/2025 2,500,000.00AA+ 3/25/2022 4/21/20222,500,000.00 2.67 2,392,675.003130APKK0 FED HOME LN BANK (FHLB)YES 10/28/2021 0.850% 4/28/2025 1,730,000.00AA+ 10/15/2021 10/28/20211,730,000.00 0.85 1,601,755.103130APXP5 FED HOME LN BANK (FHLB)YES 11/23/2021 1.150% 5/23/2025 3,000,000.00AA+ 11/17/2021 11/23/20213,000,000.00 1.15 2,788,530.003130ASG86 FED HOME LN BANK (FHLB)NO 6/15/2022 3.375% 6/13/2025 2,500,000.00AA+ 8/1/2022 8/2/20222,536,625.00 2.84 2,419,250.003135G04Z3 FANNIE MAE (FNMA)NO 6/19/2020 0.500% 6/17/2025 4,000,000.00AA+ 12/27/2021 12/28/20213,921,600.00 1.08 3,671,600.003133ENHW3 FED FARM CREDIT (FFCB)YES 12/23/2021 1.170% 6/23/2025 3,000,000.00AA+ 12/14/2021 12/23/20213,000,000.00 1.17 2,782,770.003130APK38 FED HOME LN BANK (FHLB)YES 10/27/2021 0.875% 6/27/2025 3,500,000.00AA+ 1/6/2022 1/7/20223,459,774.50 1.21 3,226,370.003130AQ5S8 FED HOME LN BANK (FHLB)YES 12/30/2021 1.250% 6/30/2025 3,500,000.00AA+ 12/1/2021 12/30/20213,500,000.00 1.25 3,250,170.003130AQGV9 FED HOME LN BANK (FHLB)YES 1/18/2022 1.200% 7/18/2025 3,500,000.00AA+ 12/29/2021 1/18/20223,500,000.00 1.20 3,243,800.003130AQHV8 FED HOME LN BANK (FHLB)YES 1/25/2022 1.250% 7/25/2025 3,000,000.00AA+ 1/6/2022 1/25/20223,000,000.00 1.25 2,781,840.003135G05X7 FANNIE MAE (FNMA)NO 8/27/2020 0.375% 8/25/2025 4,000,000.00AA+ 11/17/2021 11/18/20213,899,720.00 1.06 3,639,000.003130AP3F0 FED HOME LN BANK (FHLB)YES 9/29/2021 0.700% 8/29/2025 4,000,000.00AA+ 1/6/2022 1/7/20223,911,796.91 1.32 3,654,000.003130A8ZQ9 FED HOME LN BANK (FHLB)NO 8/9/2016 1.750% 9/12/2025 4,000,000.00AA+ 11/30/2021 12/1/20214,104,240.00 1.05 3,736,720.003134GWUG9 FREDDIE MAC (FHLMC)YES 9/24/2020 0.570% 9/24/2025 4,000,000.00Aaa 12/27/2021 12/28/20213,910,000.00 1.19 3,635,560.003130ARGJ4 FED HOME LN BANK (FHLB)YES 4/14/2022 2.500% 10/14/2025 3,500,000.00AA+ 3/22/2022 4/14/20223,500,000.00 2.50 3,318,490.003133ENUZ1 FED FARM CREDIT (FFCB)YES 4/20/2022 3.090% 10/20/2025 3,200,000.00AA+ 5/5/2022 5/6/20223,183,877.34 3.25 3,069,600.003130ARLT6 FED HOME LN BANK (FHLB)YES 4/29/2022 3.100% 10/29/2025 3,500,000.00AA+ 3/30/2022 4/29/20223,500,000.00 3.10 3,356,990.003135G06G3 FANNIE MAE (FNMA)NO 11/12/2020 0.500% 11/7/2025 3,500,000.00AA+ 12/8/2021 12/9/20213,408,615.00 1.19 3,171,350.003133ENEG1 FED FARM CREDIT (FFCB)NO 11/17/2021 1.050% 11/17/2025 2,030,000.00AA+ 11/17/2021 11/18/20212,028,802.30 1.07 1,854,831.303133ENMM9 FED FARM CREDIT (FFCB)NO 1/27/2022 1.440% 1/27/2026 3,500,000.00AA+ 2/1/2022 2/2/20223,485,300.00 1.55 3,225,530.003133ENRG7 FED FARM CREDIT (FFCB)YES 3/10/2022 2.220% 3/10/2026 3,500,000.00AA+ 3/8/2022 3/10/20223,498,250.00 2.23 3,271,065.003130AWGR5 FED HOME LN BANK (FHLB)NO 6/21/2023 4.375% 6/12/2026 5,000,000.00AA+ 6/28/2023 6/29/20234,989,050.00 4.46 4,975,400.003133ENV72 FED FARM CREDIT (FFCB)NO 10/27/2022 40.500% 7/27/2026 3,000,000.00AA+ 10/24/2022 10/27/20222,998,950.00 4.51 2,988,540.003133ENH45 FED FARM CREDIT (FFCB)NO 8/24/2022 3.125% 8/24/2026 1,666,000.00AA+ 9/9/2022 9/12/20221,637,861.26 3.59 1,600,592.843130ASUB3 FED HOME LN BANK (FHLB)YES 8/25/2022 4.000% 8/25/2026 3,500,000.00AA+ 7/29/2022 8/25/20223,500,000.00 4.00 3,391,675.003133EJD55 FED FARM CREDIT (FFCB)NO 9/28/2018 3.300% 9/28/2026 1,000,000.00AA+ 9/28/2022 9/29/2022968,590.00 4.16 962,290.003130ARHY0 FED HOME LN BANK (FHLB)YES 4/21/2022 3.000% 10/21/2026 3,750,000.00AA+ 3/24/2022 4/21/20223,750,000.00 3.00 3,554,475.003130APRK3 FED HOME LN BANK (FHLB)YES 11/23/2021 1.430% 11/23/2026 2,600,000.00AA+ 2/28/2022 3/1/20222,541,500.00 1.93 2,348,684.003130ATVE4 FED HOME LN BANK (FHLB)NO 11/7/2022 4.500% 12/11/2026 1,650,000.00AA+ 11/29/2022 12/1/20221,675,007.40 4.09 1,644,456.003133ENL99 FED FARM CREDIT (FFCB)NO 9/15/2022 3.375% 9/15/2027 3,500,000.00AA+ 9/8/2022 9/15/20223,487,890.00 3.45 3,367,280.003133ENW63 FED FARM CREDIT (FFCB)NO 10/27/2022 4.375% 10/27/2027 3,500,000.00AA+ 10/24/2022 10/27/20223,498,460.00 4.38 3,501,610.00FEDERAL AGENCY BOND/NOTE SUBTOTAL 205,295,000.00 204,667,262.36 195,833,019.29912796CR8U.S. TREASURY NOTE NO 3/23/2023 5.180% 9/21/2023 6,000,000.00Aaa 6/29/2023 6/30/20235,928,343.33 5.33 5,931,120.00912797HC4U.S. TREASURY NOTE NO 6/27/2023 5.208% 10/24/2023 6,000,000.00Aaa 6/29/2023 6/30/20235,899,321.67 5.39 5,901,780.0091282CDD0U.S. TREASURY NOTE NO 11/1/2021 0.375% 10/31/2023 3,500,000.00Aaa 1/5/2022 1/6/20223,477,819.06 0.73 3,444,910.00912797FJ1U.S. TREASURY NOTE NO 5/11/2023 5.180% 11/9/2023 7,500,000.00Aaa 6/28/2023 6/29/20237,356,484.69 5.37 7,360,125.00912828WE6U.S. TREASURY NOTE NO 11/15/2013 2.750% 11/15/2023 3,000,000.00Aaa 1/21/2022 1/24/20223,097,970.79 0.92 2,972,340.0091282CDM0U.S. TREASURY NOTE NO 11/30/2021 0.500% 11/30/2023 3,000,000.00Aaa 1/21/2022 1/24/20222,975,386.56 0.95 2,940,930.00912797FV4U.S. TREASURY NOTE NO 6/22/2023 5.210% 12/21/2023 7,500,000.00Aaa 6/28/2023 6/29/20237,310,052.08 5.43 7,313,325.0091282CFX4U.S. TREASURY NOTE NO 11/30/2022 4.500% 11/30/2024 3,000,000.00Aaa 11/23/2022 11/30/20223,001,406.25 4.48 2,967,780.00912810EV6U.S. TREASURY NOTE NO 8/15/1995 6.875% 8/15/2025 3,000,000.00Aaa 11/28/2022 11/30/20223,201,679.69 4.22 3,125,160.00912810EX2U.S. TREASURY NOTE NO 8/15/1996 6.750% 8/15/2026 3,500,000.00Aaa 11/22/2022 11/23/20223,821,152.34 4.07 3,725,575.00U.S. TREASURY NOTE SUBTOTAL 46,000,000.00 46,069,616.46 45,683,045.00Page 6 of 17Page 154 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 184247PHY0 SOUTHERN CA PUBLIC POWER AUTHMW 3/26/2014 3.458% 7/1/2023 3,960,000.00AA- 12/12/2018 12/14/20184,028,389.20 3.05 3,960,000.00365298Y44 GARDEN GROVE UNIFIED SDNO 10/16/2019 1.926% 8/1/2023 245,000.00AA- 9/25/2019 10/16/2019245,000.00 1.93 244,314.00738850SW7 POWAY UNIFIED SCHOOL DISTNO 10/16/2019 1.992% 8/1/2023 1,000,000.00AA- 9/27/2019 10/16/20191,000,000.00 1.99 997,520.00189849MF6 COACHELLA VALLEY USDNO 10/17/2019 1.899% 8/1/2023 555,000.00AA10/4/2019 10/17/2019555,000.00 1.90 553,412.70799306QJ7 SAN RAFAEL ELEM SCH DISTNO 11/13/2019 1.865% 8/1/2023 980,000.00AA11/1/2019 11/13/2019980,000.00 1.87 977,461.809523472D3 WEST CONTRA COSTA USDNO 5/12/2020 1.569% 8/1/2023 500,000.00AA- 5/5/2020 5/12/2020500,000.00 1.57 498,510.0073208PBD2 POMONA PENSION OBLGNO 8/20/2020 4.000% 8/1/2023 500,000.00AA- 10/15/2020 10/19/2020541,065.00 1.00 499,180.0013063DDG0 STATE OF CALIFORNIANO 10/26/2017 2.250% 10/1/2023 2,500,000.00AA- 11/30/2018 12/5/20182,401,525.00 3.14 2,479,600.0013063DDG0 STATE OF CALIFORNIANO 10/26/2017 2.250% 10/1/2023 4,000,000.00AA- 10/29/2018 10/31/20183,848,480.00 3.09 3,967,360.0013077DKB7 CALIFORNIA STATE UNIVERSITYMW 2/27/2020 1.557% 11/1/2023 400,000.00AA- 2/6/2020 2/27/2020400,000.00 1.56 394,828.00057507KL8 BAKERSFIELD SCHOOL DISTRICTNO 3/29/2017 5.500% 11/1/2023 335,000.00A+ 5/4/2020 5/6/2020385,524.70 1.08 337,432.1013063DLZ9 STATE OF CALIFORNIANO 4/4/2019 3.000% 4/1/2024 3,000,000.00AA- 7/26/2019 7/30/20193,125,010.00 2.06 2,941,470.00769036BL7 CITY OF RIVERSIDE PENSN OBLGMW 6/11/2020 2.107% 6/1/2024 250,000.00AA6/5/2020 6/11/2020250,000.00 2.11 242,012.5015276PAV1 CENTRAL UNIFIED SCHOOL DISTRICTNO 6/18/2014 5.000% 7/1/2024 795,000.00AA4/28/2020 4/30/2020916,786.05 1.22 810,343.50799306QK4 SAN RAFAEL ELEM SCH DISTNO 11/13/2019 1.965% 8/1/2024 1,200,000.00AA11/1/2019 11/13/20191,200,000.00 1.97 1,156,800.00802498UH6 SANTA MONICA-MALIBU USDNO 11/6/2019 1.719% 8/1/2024 250,000.00AA+ 10/8/2019 11/6/2019250,000.00 1.72 239,920.00376087FZ0 GILROY UNIFIED SDNO 10/30/2019 1.833% 8/1/2024 500,000.00AA- 10/9/2019 10/31/2019500,000.00 1.83 479,675.00542411NJ8 LONG BEACH CCDNO 10/23/2019 1.803% 8/1/2024 1,315,000.00AA10/9/2019 10/23/20191,315,000.00 1.80 1,263,110.10189849MG4 COACHELLA VALLEY USDNO 10/17/2019 1.999% 8/1/2024 365,000.00AA10/9/2019 10/17/2019365,492.75 1.97 350,531.40796720MY3 SAN BERNARDINO CCDNO 12/12/2019 2.044% 8/1/2024 700,000.00AA11/21/2019 12/12/2019700,000.00 2.04 674,807.00796720MG2 SAN BERNARDINO CCDNO 12/12/2019 2.044% 8/1/2024 1,000,000.00AA11/21/2019 12/12/20191,000,000.00 2.04 964,010.00835569GR9 SONOMA CNTY JR COLLEGE DISTNO 11/12/2019 2.061% 8/1/2024 1,000,000.00AA10/23/2019 11/12/20191,000,000.00 2.06 964,990.0091882RFU1 VAL VERDE UNIFIED SCH DISTNO 6/19/2020 1.654% 8/1/2024 215,000.00AA6/10/2020 6/19/2020215,000.00 1.65 206,187.15671205Y63 OAK GROVE SCHOOL DISTRICTNO 6/25/2020 1.276% 8/1/2024 200,000.00AA6/12/2020 6/25/2020200,000.00 1.28 190,730.0014575TDY5 CARSON REDEV AGY TABNO 9/3/2020 1.188% 8/1/2024 600,000.00AA8/12/2020 9/3/2020600,000.00 1.19 572,124.00802309NW0 SANTA MARIA JT UHSDSINK 12/14/2021 1.095% 8/1/2024 400,000.00Aa2 12/9/2021 12/14/2021400,000.00 1.10 381,736.00801096AS7 SANTA ANA CMNTY REDEV AGYNO 11/8/2018 3.683% 9/1/2024 2,000,000.00AA1/13/2020 1/17/20202,157,220.00 1.90 1,959,820.0013077DQC9 CALIFORNIA STATE UNIVERSITYMW 7/29/2021 0.563% 11/1/2024 450,000.00AA- 7/9/2021 7/29/2021450,000.00 0.56 421,996.5063540QAC1 NATIONAL CITY PENSN OBLIGNO 11/16/2021 1.019% 11/1/2024 300,000.00AA- 12/3/2021 12/7/2021299,646.00 1.06 281,604.0020772KAG4 STATE OF CONNECTICUTNO 12/21/2017 3.230% 1/15/2025 1,700,000.00AA- 7/29/2022 8/2/20221,708,347.00 3.02 1,646,705.0013063CQS2 STATE OF CALIFORNIANO 3/18/2015 4.000% 3/1/2025 750,000.00AA- 4/27/2020 4/29/2020845,032.50 1.29 763,680.00797679CC9 SAN FRANCISCO CITY/CNTY PORT COMMNO 2/27/2020 1.894% 3/1/2025 255,000.00A2/13/2020 2/27/2020255,000.00 1.89 240,447.15365471AE1 GARDENA PENSN OBLIGMW 11/24/2020 1.702% 4/1/2025 250,000.00AA- 11/20/2020 11/24/2020257,455.00 1.00 233,520.00735000TM3 PORT OF OAKLANDMW 12/3/2020 1.181% 5/1/2025 1,030,000.00A+ 11/30/2021 12/2/20211,033,471.10 1.08 955,561.9013079XBT2 CA STWD CMNTY DEV TRANSNO 10/8/2020 1.061% 6/1/2025 1,000,000.00AA9/23/2020 10/8/20201,000,000.00 1.06 919,900.0068304FAE6 CITY OF ONTARIO CA POBNO 5/21/2020 2.537% 6/1/2025 1,000,000.00AA5/20/2020 6/5/20201,027,770.00 1.95 940,220.0091412GU94 UNIV OF CALIFORNIAMW 5/18/2017 3.063% 7/1/2025 1,600,000.00AA12/16/2021 12/20/20211,702,096.00 1.21 1,540,016.00798170AH9 SAN JOSE SUCCESSOR AGYNO 12/21/2017 3.076% 8/1/2025 4,675,000.00AA11/18/2021 11/22/20215,007,345.75 1.11 4,461,025.25796711G94 CITY OF SAN BERNARDINO USDNO 9/24/2020 1.114% 8/1/2025 2,250,000.00AA9/11/2020 9/24/20202,250,000.00 1.11 2,065,770.00197036PL4 COLTON UNIFIED SDNO 10/28/2020 1.052% 8/1/2025 2,475,000.00AA10/15/2020 10/28/20202,475,000.00 1.05 2,271,183.75144393NA9 CARPINTERIA UNIFIED SCH DISTNO 11/18/2020 1.100% 8/1/2025 1,210,000.00AA- 10/28/2020 11/18/20201,212,758.80 1.05 1,105,940.0073208PBF7 POMONA PENSION OBLGNO 8/20/2020 4.000% 8/1/2025 1,675,000.00AA- 9/14/2020 9/16/20201,878,964.75 1.41 1,617,179.00798135E88 SAN JOSE GEN OBLIGMW 7/25/2019 2.450% 9/1/2025 2,275,000.00AA+ 12/16/2021 12/20/20212,381,288.00 1.16 2,150,148.00419792ZL3 STATE OF HAWAIIMW 10/29/2020 0.852% 10/1/2025 2,290,000.00AA+ 3/25/2022 3/29/20222,146,417.00 2.74 2,086,877.0013077DML3 CALIFORNIA STATE UNIVERSITYMW 9/17/2020 0.885% 11/1/2025 775,000.00AA- 12/13/2021 12/15/2021763,452.50 1.28 704,211.5013077DQD7 CALIFORNIA STATE UNIVERSITYMW 7/29/2021 0.862% 11/1/2025 2,500,000.00AA- 5/5/2022 5/9/20222,295,050.00 3.38 2,270,425.0013063DMA3 STATE OF CALIFORNIANO 4/4/2019 2.650% 4/1/2026 3,200,000.00AA- 5/5/2022 5/9/20223,127,936.00 3.27 3,008,480.00817409N43 SEQUOIA UHSDNO 2/27/2020 1.831% 7/1/2026 2,050,000.00Aa1 10/26/2022 10/28/20221,856,131.50 4.66 1,870,092.00Page 7 of 17Page 155 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Market Values as of: 6/30/2023Current InvestmentsCUSIPIssuer Callable DatedDate Coupon Maturity ParS&PMdysTradeDateSettlementDate Book Value YTMBNY Market Value 1446222US8 HUNTINGTON BEACH UHSDNO 6/10/2021 1.208% 8/1/2026 3,510,000.00AA- 8/1/2022 8/3/20223,241,765.80 3.26 3,124,566.90544351MS5 CITY OF LOS ANGELESNO 7/12/2018 3.500% 9/1/2026 1,085,000.00AA9/23/2022 9/27/20221,053,144.40 4.32 1,038,854.9520772KEX3 STATE OF CONNECTICUTNO 9/13/2018 3.800% 9/15/2026 3,000,000.00AA- 9/14/2022 9/16/20222,987,880.00 3.91 2,905,920.0091412HGF4 UNIV OF CALIFORNIAMW 7/16/2020 1.316% 5/15/2027 1,340,000.00AA8/30/2022 9/1/20221,194,878.00 3.85 1,188,084.20769036BP8 CITY OF RIVERSIDE PENSN OBLGMW 6/11/2020 2.640% 6/1/2027 1,500,000.00AA11/3/2022 11/7/20221,341,120.00 5.28 1,372,125.00817409N50 SEQUOIA UHSDNO 2/27/2020 1.951% 7/1/2027 2,150,000.00Aa1 8/30/2022 9/1/20221,969,658.00 3.87 1,925,733.50786318LF0 SADDLEBACK USDNO 12/5/2019 2.400% 8/1/2027 1,805,000.00Aa1 8/10/2022 8/12/20221,726,681.05 3.36 1,648,127.45797272QS3 SAN DIEGO CCDNO 10/16/2019 2.407% 8/1/2027 1,300,000.00AAA8/4/2022 8/8/20221,249,326.00 3.26 1,197,339.0062451FKL3 MOUNTAIN VIEW-WHISMAN SDNO 5/19/2020 1.912% 9/1/2027 970,000.00AAA10/13/2022 10/17/2022844,928.20 4.92 869,052.10MUNICIPAL BOND SUBTOTAL 79,135,000.00 78,662,036.05 75,132,670.4045950VRF5 INTL FINANCE CORP (IFC)NO 6/24/2022 2.650% 6/24/2024 1,900,000.00AAA7/25/2022 7/27/20221,883,406.28 3.12 1,845,793.004581X0DZ8 INTERAMER DEV (IADB)NO 9/23/2021 0.500% 9/23/2024 3,000,000.00AAA12/16/2021 12/20/20212,969,402.21 0.88 2,826,060.00459058DX8 INTL BK RECON & DEVELOP (IBRD)NO 11/25/2014 2.500% 11/25/2024 3,000,000.00AAA3/24/2022 3/28/20223,013,112.61 2.33 2,888,820.00459058EP4 INTL BK RECON & DEVELOP (IBRD)NO 7/29/2015 2.500% 7/29/2025 3,500,000.00AAA12/13/2021 12/15/20213,675,035.00 1.09 3,339,245.004581X0CU0 INTERAMER DEV (IADB)NO 6/2/2016 2.000% 6/2/2026 3,000,000.00AAA8/3/2022 8/5/20222,881,139.04 3.11 2,782,440.0045950KCX6 INTL FINANCE CORP (IFC)NO 9/8/2021 0.750% 10/8/2026 4,000,000.00AAA1/20/2022 1/24/20223,842,373.68 1.62 3,539,720.00SUPRANATIONAL SUBTOTAL 18,400,000.0018,264,468.82 17,222,078.00NEIGHBORHOOD NATIONAL BANKNO 8/17/2023 4,307,974.278/18/20224,307,974.27 1.92 4,307,974.27PLACEMENT SERVICE DEPOSITS4,307,974.27 4,307,974.27 4,307,974.27LOCAL AGENCY INVESTMENT FUND 72,141,962.85 72,141,962.85 71,047,460.99 SD COUNTY INVESTMENT POOL23,688,678.83 23,688,678.83 23,577,663.30 POOLED INVESTMENTS SUBTOTAL 95,830,641.68 95,830,641.68 94,625,124.29 MONEY MARKET FUND (BNY MELLON) 1,375,239.67 1,375,239.67 1,375,239.67ALL INVESTMENTS GRAND TOTAL 614,212,855.62 613,693,529.01 591,207,679.211 The Market Value for LAIF and San Diego County Investment Pool are calculated using the Market Value/Fair Value Factor provided by those agencies.Page 8 of 17Page 156 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaActivity for the Quarter Ended June 30, 2023MATURITYCUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity ParRating TradeDateSettlement Date Book Value YTMApr-23072024WN8MUNICIPAL BOND BAY AREA CA TOLL AUTH 9/26/2019 2.184% 4/3/2023 2,500,000.00AA 9/23/2019 9/30/20192,509,850.00 2.07856487AQ6CERTIFICATE OF DEPOSIT STATE BANK OF REESEVILLE 4/12/2019 2.550% 4/12/2023 249,000.00NA3/28/2019 4/12/2019249,000.00 2.55598315CE7CERTIFICATE OF DEPOSIT MIDWEST COMMUNITY BANK 4/15/2020 1.200% 4/14/2023 249,000.00NA4/3/2020 4/15/2020249,000.00 1.2012738RGA6CERTIFICATE OF DEPOSIT CADENCE BANK 4/15/2020 1.300% 4/17/2023 248,000.00NA4/2/2020 4/15/2020248,000.00 1.3027002YEL6CERTIFICATE OF DEPOSIT EAGLEBANK 4/30/2019 2.650% 4/28/2023 249,000.00NA4/16/2019 4/30/2019249,000.00 2.65May-23654106AC7CORPORATE NOTE NIKE INC 4/26/2013 2.250% 5/1/2023 1,200,000.00AA- 7/26/2019 7/30/20191,206,456.00 2.09735000TK7MUNICIPAL BOND PORT OF OAKLAND 12/3/2020 0.821% 5/1/2023 1,050,000.00A+ 3/29/2022 3/31/20221,035,678.00 2.10857894F95CERTIFICATE OF DEPOSIT STEARNS BANK 2/10/2020 1.650% 5/10/2023 247,000.00NA2/4/2020 2/10/2020247,000.00 1.65540424AQ1CORPORATE NOTE LOEWS CORP 5/7/2013 2.625% 5/15/2023 1,500,000.00A 2/5/2020 2/7/20201,538,700.00 1.7491412G2U8MUNICIPAL BOND UNIV OF CALIFORNIA 9/28/2017 2.519% 5/15/2023 2,000,000.00AA- 10/30/2019 11/1/20192,043,540.00 1.88373298CF3CORPORATE NOTEGEORGIA-PACIFIC12/11/2003 8.000% 5/24/2023 320,000.00A+ 7/24/2019 7/26/2019395,206.40 2.42Jun-23828807DD6CORPORATE NOTE SIMON PROPERTY GROUP LP 12/11/2017 2.750% 6/1/2023 2,000,000.00A- 1/9/2020 1/13/20202,050,240.00 1.9213032UVA3MUNICIPAL BONDCALIFORNIA HEALTH FACILITY FIN AUTH 11/25/2019 1.970% 6/1/2023 1,000,000.00AA- 11/20/2019 11/25/20191,000,000.00 1.9768304FAC0MUNICIPAL BOND CITY OF ONTARIO CA 5/21/2020 2.216% 6/1/2023 200,000.00AA 5/15/2020 5/21/2020203,506.00 1.6224422EUH0CORPORATE NOTE JOHN DEERE CAPITAL CORP 6/7/2018 3.450% 6/7/2023 2,000,000.00A 2/6/2020 2/10/20202,111,060.00 1.723137EAEN5FEDERAL AGENCY BOND FREDDIE MAC (FHLMC)6/11/2018 2.750% 6/20/2023 2,000,000.00AA+ 1/21/2022 1/24/20222,054,995.37 0.78Total17,012,000.00BUYCUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity ParRating TradeDateSettlement Date Book Value YTMApr-23May-23Jun-23912796CR8U.S. TREASURY NOTE U.S. TREASURY NOTE 3/23/2023 5.180% 9/21/2023 6,000,000.00Aaa 6/29/2023 6/30/20235,928,343.33 5.33912797HC4U.S. TREASURY NOTE U.S. TREASURY NOTE 6/27/2023 5.208% 10/24/2023 6,000,000.00Aaa 6/29/2023 6/30/20235,899,321.67 5.39912797FJ1U.S. TREASURY NOTE U.S. TREASURY NOTE 5/11/2023 5.180% 11/9/2023 7,500,000.00Aaa 6/28/2023 6/29/20237,356,484.69 5.37912797FV4U.S. TREASURY NOTE U.S. TREASURY NOTE 6/22/2023 5.210% 12/21/2023 7,500,000.00Aaa 6/28/2023 6/29/20237,310,052.08 5.433130AWGR5FEDERAL AGENCY BOND FED HOME LN BANK (FHLB) 6/21/2023 4.375% 6/12/2026 5,000,000.00AA+ 6/28/2023 6/29/20234,989,050.00 4.46Total 32,000,000.00Page 9 of 17Page 157 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaToday's Date: 6/30/2023Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR MaturityDays to MaturityUnder 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsASSET-BACKED SECURITY-$ -$ -$ -$ -$ -$ FARMERS & MERCH SVGS BK249,000.00 8/15/2023 46 249,000.00$ -$ -$ -$ -$ -$ NEBRASKALAND NATIONAL BANK 248,000.00 8/22/2023 53 248,000.00$ -$ -$ -$ -$ -$ FIRSTIER BANK 249,000.00 8/23/2023 54 249,000.00$ -$ -$ -$ -$ -$ AMERICAN COMMERCE BANK 249,000.00 8/23/2023 54 249,000.00$ -$ -$ -$ -$ -$ CELTIC BANK 249,000.00 8/30/2023 61 249,000.00$ -$ -$ -$ -$ -$ FIRST ST BANK BUXTON 249,000.00 9/5/2023 67 249,000.00$ -$ -$ -$ -$ -$ NATIONAL BANK OF NY CITY 249,000.00 9/8/2023 70 249,000.00$ -$ -$ -$ -$ -$ ABACUS FEDERAL SVGS BANK 249,000.00 9/12/2023 74 249,000.00$ -$ -$ -$ -$ -$ FIRST SERVICE BANK 249,000.00 9/29/2023 91 249,000.00$ -$ -$ -$ -$ -$ COMENITY CAPITAL 249,000.00 10/30/2023 122 249,000.00$ -$ -$ -$ -$ -$ GOLDMAN SACHS 245,000.00 10/31/2023 123 245,000.00$ -$ -$ -$ -$ -$ UBS BANK USA 249,000.00 11/7/2023 130 249,000.00$ -$ -$ -$ -$ -$ BARCLAYS BANK 245,000.00 11/7/2023 130 245,000.00$ -$ -$ -$ -$ -$ MORGAN STANLEY 245,000.00 11/8/2023 131 245,000.00$ -$ -$ -$ -$ -$ CITIBANK NA 245,000.00 11/9/2023 132 245,000.00$ -$ -$ -$ -$ -$ WELLS FARGO BANK NA 249,000.00 11/9/2023 132 249,000.00$ -$ -$ -$ -$ -$ COMMERCIAL BANK HARROGATE 249,000.00 11/15/2023 138 249,000.00$ -$ -$ -$ -$ -$ BANK OF NEW ENGLAND 249,000.00 11/20/2023 143 249,000.00$ -$ -$ -$ -$ -$ BANK OF BARODA 245,000.00 11/30/2023 153 245,000.00$ -$ -$ -$ -$ -$ MARLIN BUSINESS BANK249,000.00 12/4/2023 157 249,000.00$ -$ -$ -$ -$ -$ BAR HARBOR BANK & TRUST 249,000.00 12/29/2023 182 249,000.00$ -$ -$ -$ -$ -$ NAHEOLA CREDIT UNION 248,000.00 1/10/2024 194 -$ 248,000.00$ -$ -$ -$ -$ MEDALLION BANK UTAH 249,000.00 2/12/2024 227 -$ 249,000.00$ -$ -$ -$ -$ ROLLSTONE BANK & TRUST 247,000.00 2/12/2024 227 -$ 247,000.00$ -$ -$ -$ -$ PCSB BANK 249,000.00 2/21/2024 236 -$ 249,000.00$ -$ -$ -$ -$ BANK HAPOALIM BM NY 246,000.00 3/25/2024 269 -$ 246,000.00$ -$ -$ -$ -$ AXOS BANK 249,000.00 3/26/2024 270 -$ 249,000.00$ -$ -$ -$ -$ NICOLET NATIONAL BANK 249,000.00 3/28/2024 272 -$ 249,000.00$ -$ -$ -$ -$ LAKESIDE BANK 249,000.00 4/12/2024 287 -$ 249,000.00$ -$ -$ -$ -$ JEFFERSON BANK 249,000.00 4/15/2024 290 -$ 249,000.00$ -$ -$ -$ -$ PACIFIC WESTERN BANK 248,000.00 4/16/2024 291 -$ 248,000.00$ -$ -$ -$ -$ THOMASTON SAVINGS BANK 248,000.00 4/23/2024 298 -$ 248,000.00$ -$ -$ -$ -$ NORTHWEST BANK 249,000.00 4/30/2024 305 -$ 249,000.00$ -$ -$ -$ -$ FIRST FREEDOM BANK 249,000.00 4/30/2024 305 -$ 249,000.00$ -$ -$ -$ -$ UNITED REPUBLIC BANK 249,000.00 5/13/2024 318 -$ 249,000.00$ -$ -$ -$ -$ CAPITAL ONE NA 246,000.00 6/19/2024 355 -$ 246,000.00$ -$ -$ -$ -$ CAPITAL ONE BANK 246,000.00 6/19/2024 355 -$ 246,000.00$ -$ -$ -$ -$ LCA BANK CORPORATION 247,000.00 6/28/2024 364 -$ 247,000.00$ -$ -$ -$ -$ REVERE BANK247,000.00 6/28/2024 364 -$ 247,000.00$ -$ -$ -$ -$ CENTURY NEXT BANK 249,000.00 7/17/2024 383 -$ -$ 249,000.00$ -$ -$ -$ CF BANK 247,000.00 8/19/2024 416 -$ -$ 247,000.00$ -$ -$ -$ FIRST RESOURCE BANK 249,000.00 8/21/2024 418 -$ -$ 249,000.00$ -$ -$ -$ CALDWELL BANK & TRUST 247,000.00 8/23/2024 420 -$ -$ 247,000.00$ -$ -$ -$ WASHINGTON FEDERAL 249,000.00 8/23/2024 420 -$ -$ 249,000.00$ -$ -$ -$ GENOA BANKING COMPANY 249,000.00 8/28/2024 425 -$ -$ 249,000.00$ -$ -$ -$ MERCHANTS STATE BANK 247,000.00 8/30/2024 427 -$ -$ 247,000.00$ -$ -$ -$ PREFERRED BANK 249,000.00 8/30/2024 427 -$ -$ 249,000.00$ -$ -$ -$ PEOPLES BANK ROCK VALLEY 249,000.00 9/10/2024 438 -$ -$ 249,000.00$ -$ -$ -$ ALMA BANK 249,000.00 9/11/2024 439 -$ -$ 249,000.00$ -$ -$ -$ BANK OF OLD MONROE 249,000.00 9/18/2024 446 -$ -$ 249,000.00$ -$ -$ -$ SPRING BANK 249,000.00 9/19/2024 447 -$ -$ 249,000.00$ -$ -$ -$ ENTERPRISE BANK 247,000.00 9/27/2024 455 -$ -$ 247,000.00$ -$ -$ -$ BANKWEST INC 249,000.00 9/27/2024 455 -$ -$ 249,000.00$ -$ -$ -$ UINTA BANK 247,000.00 10/16/2024 474 -$ -$ 247,000.00$ -$ -$ -$ MUTUALBANK 249,000.00 10/22/2024 480 -$ -$ 249,000.00$ -$ -$ -$ Page 10 of 17Page 158 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaToday's Date: 6/30/2023Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR MaturityDays to MaturityUnder 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsFIRST BANK OF NEBRASKA 249,000.00 10/30/2024 488 -$ -$ 249,000.00$ -$ -$ -$ ENTERPRISE BANK & TRUST 249,000.00 11/8/2024 497 -$ -$ 249,000.00$ -$ -$ -$ TRIAD BANK 249,000.00 11/8/2024 497 -$ -$ 249,000.00$ -$ -$ -$ MAINE SAVINGS FCU245,000.00 11/8/2024 497 -$ -$ 245,000.00$ -$ -$ -$ COMMERCIAL BANK ALMA MI 249,000.00 11/13/2024 502 -$ -$ 249,000.00$ -$ -$ -$ COMMUNITY STATE BANK IL 249,000.00 12/2/2024 521 -$ -$ 249,000.00$ -$ -$ -$ COMMUNITY BANK TEXAS 249,000.00 12/4/2024 523 -$ -$ 249,000.00$ -$ -$ -$ BANK FORWARD 249,000.00 12/18/2024 537 -$ -$ 249,000.00$ -$ -$ -$ FREEDOM FINANCIAL BANK 249,000.00 2/14/2025 595 -$ -$ 249,000.00$ -$ -$ -$ FIRST NATL BANK MICHIGAN 249,000.00 2/14/2025 595 -$ -$ 249,000.00$ -$ -$ -$ AMERICAN STATE BANK IA 249,000.00 2/21/2025 602 -$ -$ 249,000.00$ -$ -$ -$ BELL BANK CORP 249,000.00 2/27/2025 608 -$ -$ 249,000.00$ -$ -$ -$ AMERICAN EAGLE BANK IL 249,000.00 2/28/2025 609 -$ -$ 249,000.00$ -$ -$ -$ HORIZON BANK WAVERLY NE 249,000.00 2/28/2025 609 -$ -$ 249,000.00$ -$ -$ -$ FNB OF ALBANY 249,000.00 2/28/2025 609 -$ -$ 249,000.00$ -$ -$ -$ IOWA STATE BANK 248,000.00 3/5/2025 614 -$ -$ 248,000.00$ -$ -$ -$ ACCESS BANK OMAHA NE249,000.00 3/13/2025 622 -$ -$ 249,000.00$ -$ -$ -$ MCHENRY SAVINGS BANK249,000.00 3/13/2025 622 -$ -$ 249,000.00$ -$ -$ -$ FNB BANK INC/ROMNEY 249,000.00 3/18/2025 627 -$ -$ 249,000.00$ -$ -$ -$ HARDIN COUNTY BANK 249,000.00 3/27/2025 636 -$ -$ 249,000.00$ -$ -$ -$ BANK OF ROMNEY 249,000.00 3/27/2025 636 -$ -$ 249,000.00$ -$ -$ -$ SAN FRANCISCO CREDIT 249,000.00 3/27/2025 636 -$ -$ 249,000.00$ -$ -$ -$ CENTRAL BANK 249,000.00 3/27/2025 636 -$ -$ 249,000.00$ -$ -$ -$ KNOXVILLE TVA EMPL CREDIT 249,000.00 3/31/2025 640 -$ -$ 249,000.00$ -$ -$ -$ CENTERSTATE BANK 248,000.00 3/31/2025 640 -$ -$ 248,000.00$ -$ -$ -$ GOLD COAST BANK 249,000.00 4/15/2025 655 -$ -$ 249,000.00$ -$ -$ -$ SYNCHRONY BANK 248,000.00 4/17/2025 657 -$ -$ 248,000.00$ -$ -$ -$ STATE BANK OF INDIA 248,000.00 4/29/2025 669 -$ -$ 248,000.00$ -$ -$ -$ BELMONT BANK & TRUST 249,000.00 4/30/2025 670 -$ -$ 249,000.00$ -$ -$ -$ M1 BANK 248,000.00 5/8/2025 678 -$ -$ 248,000.00$ -$ -$ -$ ALLIANT CREDIT UNION 249,000.00 12/30/2027 1644 -$ -$ -$ -$ -$ 249,000.00$ CERTIFICATE OF DEPOSIT5,208,000.00$ 4,464,000.00$ 11,435,000.00$ -$ -$ 249,000.00$ COMMERCIAL PAPER-$ -$ -$ -$ -$ -$ CITIGROUP GLOBAL MARKETS 3,500,000.00 7/20/2023 20 3,500,000.00$ -$ -$ -$ -$ -$ BANK OF AMERICA CORP 1,255,000.00 7/24/2023 24 1,255,000.00$ -$ -$ -$ -$ -$ PNC BANK NA 2,525,000.00 7/25/2023 25 2,525,000.00$ -$ -$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 3,000,000.00 8/16/2023 47 3,000,000.00$ -$ -$ -$ -$ -$ TOYOTA MOTOR CORP 2,500,000.00 8/25/2023 56 2,500,000.00$ -$ -$ -$ -$ -$ GILEAD SCIENCES 3,092,000.00 9/1/2023 63 3,092,000.00$ -$ -$ -$ -$ -$ AMERICAN HONDA FINANCE 3,000,000.00 9/8/2023 70 3,000,000.00$ -$ -$ -$ -$ -$ CUMMINS INC 3,500,000.00 10/1/2023 93 3,500,000.00$ -$ -$ -$ -$ -$ CATERPILLAR FINL 3,700,000.00 12/7/2023 160 3,700,000.00$ -$ -$ -$ -$ -$ JOHN DEERE CAPITAL CORP 3,000,000.00 3/7/2024 251 -$ 3,000,000.00$ -$ -$ -$ -$ UNILEVER CAPITAL 1,500,000.00 5/5/2024 310 -$ 1,500,000.00$ -$ -$ -$ -$ UNILEVER CAPITAL 2,000,000.00 5/5/2024 310 -$ 2,000,000.00$ -$ -$ -$ -$ APPLE INC250,000.00 5/6/2024 311 -$ 250,000.00$ -$ -$ -$ -$ APPLE INC650,000.00 5/11/2024 316 -$ 650,000.00$ -$ -$ -$ -$ TEXAS INSTRUMENTS 1,000,000.00 5/15/2024 320 -$ 1,000,000.00$ -$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 600,000.00 5/15/2024 320 -$ 600,000.00$ -$ -$ -$ -$ IBM CORP 3,000,000.00 5/15/2024 320 -$ 3,000,000.00$ -$ -$ -$ -$ ASTRAZENECA FINANCE LLC 2,500,000.00 5/28/2024 333 -$ 2,500,000.00$ -$ -$ -$ -$ ONCOR ELECTRIC DELIVERY 475,000.00 6/1/2024 337 -$ 475,000.00$ -$ -$ -$ -$ HORMEL FOODS CORP 3,000,000.00 6/3/2024 339 -$ 3,000,000.00$ -$ -$ -$ -$ WALMART INC 3,900,000.00 7/8/2024 374 -$ -$ 3,900,000.00$ -$ -$ -$ SALESFORCE.COM INC 450,000.00 7/15/2024 381 -$ -$ 450,000.00$ -$ -$ -$ UNITED HEALTH 3,000,000.00 8/15/2024 412 -$ -$ 3,000,000.00$ -$ -$ -$ Page 11 of 17Page 159 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaToday's Date: 6/30/2023Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR MaturityDays to MaturityUnder 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsEXXON MOBIL CO 1,000,000.00 8/16/2024 413 -$ -$ 1,000,000.00$ -$ -$ -$ AMAZON.COM INC 226,000.00 8/22/2024 419 -$ -$ 226,000.00$ -$ -$ -$ BURLINGTON NORTH SANTA FE 1,000,000.00 9/1/2024 429 -$ -$ 1,000,000.00$ -$ -$ -$ BURLINGTON NORTH SANTA FE 3,000,000.00 9/1/2024 429 -$ -$ 3,000,000.00$ -$ -$ -$ COCA-COLA CO 3,200,000.00 9/6/2024 434 -$ -$ 3,200,000.00$ -$ -$ -$ PAYPAL HOLDING 950,000.00 10/1/2024 459 -$ -$ 950,000.00$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 1,000,000.00 10/24/2024 482 -$ -$ 1,000,000.00$ -$ -$ -$ CATERPILLAR FINL 3,000,000.00 11/8/2024 497 -$ -$ 3,000,000.00$ -$ -$ -$ HERSHEY COMPANY 677,000.00 11/15/2024 504 -$ -$ 677,000.00$ -$ -$ -$ ADOBE SYSTEMS INC 2,595,000.00 2/1/2025 582 -$ -$ 2,595,000.00$ -$ -$ -$ PACCAR FINANCIAL 1,000,000.00 2/6/2025 587 -$ -$ 1,000,000.00$ -$ -$ -$ TOYOTA MOTOR CORP 1,000,000.00 2/13/2025 594 -$ -$ 1,000,000.00$ -$ -$ -$ 3M COMPANY 2,500,000.00 2/14/2025 595 -$ -$ 2,500,000.00$ -$ -$ -$ WW GRAINGER INC 580,000.00 2/15/2025 596 -$ -$ 580,000.00$ -$ -$ -$ JOHN DEERE CAPITAL CORP 1,250,000.00 3/13/2025 622 -$ -$ 1,250,000.00$ -$ -$ -$ INTEL CORP 2,001,000.00 3/25/2025 634 -$ -$ 2,001,000.00$ -$ -$ -$ AMAZON.COM INC 3,000,000.00 4/13/2025 653 -$ -$ 3,000,000.00$ -$ -$ -$ TARGET CORP 3,000,000.00 4/15/2025 655 -$ -$ 3,000,000.00$ -$ -$ -$ APPLE INC 1,131,000.00 5/11/2025 681 -$ -$ 1,131,000.00$ -$ -$ -$ HONEYWELL INTERNATIONAL 3,000,000.00 6/1/2025 702 -$ -$ 3,000,000.00$ -$ -$ -$ AMAZON.COM INC 1,678,000.00 6/3/2025 704 -$ -$ 1,678,000.00$ -$ -$ -$ JP MORGAN CHASE 2,000,000.00 7/15/2025 746 -$ -$ -$ 2,000,000.00$ -$ -$ PACCAR FINANCIAL 2,300,000.00 8/11/2025 773 -$ -$ -$ 2,300,000.00$ -$ -$ STATE STREET CORP 1,600,000.00 8/18/2025 780 -$ -$ -$ 1,600,000.00$ -$ -$ CUMMINS INC 743,000.00 9/1/2025 794 -$ -$ -$ 743,000.00$ -$ -$ CUMMINS INC 2,257,000.00 9/1/2025 794 -$ -$ -$ 2,257,000.00$ -$ -$ HOME DEPOT INC 3,200,000.00 9/15/2025 808 -$ -$ -$ 3,200,000.00$ -$ -$ TOYOTA MOTOR CORP 3,000,000.00 10/16/2025 839 -$ -$ -$ 3,000,000.00$ -$ -$ VISA INC 2,500,000.00 12/14/2025 898 -$ -$ -$ 2,500,000.00$ -$ -$ PEPSICO INC 1,872,000.00 2/24/2026 970 -$ -$ -$ 1,872,000.00$ -$ -$ CISCO SYSTEMS 3,500,000.00 2/28/2026 974 -$ -$ -$ 3,500,000.00$ -$ -$ TARGET CORP 1,850,000.00 4/15/2026 1020 -$ -$ -$ 1,850,000.00$ -$ -$ TARGET CORP 1,901,000.00 4/15/2026 1020 -$ -$ -$ 1,901,000.00$ -$ -$ PACCAR FINANCIAL 3,000,000.00 5/11/2026 1046 -$ -$ -$ 3,000,000.00$ -$ -$ INTEL CORP 2,374,000.00 5/19/2026 1054 -$ -$ -$ 2,374,000.00$ -$ -$ WALMART INC 1,900,000.00 7/8/2026 1104 -$ -$ -$ -$ 1,900,000.00$ -$ CISCO SYSTEMS 1,150,000.00 9/20/2026 1178 -$ -$ -$ -$ 1,150,000.00$ -$ HONEYWELL INTERNATIONAL 1,185,000.00 11/1/2026 1220 -$ -$ -$ -$ 1,185,000.00$ -$ NIKE INC 1,035,000.00 11/1/2026 1220 -$ -$ -$ -$ 1,035,000.00$ -$ ILLINOIS TOOL WORKS INC 1,421,000.00 11/15/2026 1234 -$ -$ -$ -$ 1,421,000.00$ -$ ABBOTT LABORATORIES 1,000,000.00 11/30/2026 1249 -$ -$ -$ -$ 1,000,000.00$ -$ BANK OF AMERICA CORP 4,000,000.00 3/2/2027 1341 -$ -$ -$ -$ 4,000,000.00$ -$ CHARLES SCHWAB CORP 2,205,000.00 3/3/2027 1342 -$ -$ -$ -$ 2,205,000.00$ -$ PEPSICO INC 1,935,000.00 3/19/2027 1358 -$ -$ -$ -$ 1,935,000.00$ -$ COSTCO WHOLESALE CORP 3,200,000.00 5/18/2027 1418 -$ -$ -$ -$ 3,200,000.00$ -$ MERCK & CO INC 3,200,000.00 6/10/2027 1441 -$ -$ -$ -$ 3,200,000.00$ -$ CORPORATE NOTE26,072,000.00$ 17,975,000.00$ 44,138,000.00$ 32,097,000.00$ 22,231,000.00$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 7/24/2023 24 3,000,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 2,719,000.00 8/14/2023 45 2,719,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 10/12/2023 104 3,500,000.00$ -$ -$ -$ -$ -$ FREDDIE MAC (FHLMC) 3,000,000.00 10/16/2023 108 3,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,750,000.00 10/27/2023 119 3,750,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 11/9/2023 132 3,500,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 11/22/2023 145 3,500,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 11/24/2023 147 3,000,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 12/20/2023 173 3,000,000.00$ -$ -$ -$ -$ -$ Page 12 of 17Page 160 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaToday's Date: 6/30/2023Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR MaturityDays to MaturityUnder 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsFED HOME LN BANK (FHLB) 4,000,000.00 1/26/2024 210 -$ 4,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 2/7/2024 222 -$ 2,500,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 2/23/2024 238 -$ 2,500,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 1,600,000.00 2/26/2024 241 -$ 1,600,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 2,500,000.00 3/8/2024 252 -$ 2,500,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 3/28/2024 272 -$ 3,500,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,720,000.00 4/25/2024 300 -$ 2,720,000.00$ -$ -$ -$ -$ FREDDIE MAC (FHLMC) 1,950,000.00 6/10/2024 346 -$ 1,950,000.00$ -$ -$ -$ -$ FANNIE MAE (FNMA) 2,140,000.00 6/14/2024 350 -$ 2,140,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 6/28/2024 364 -$ 4,000,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 7/2/2024 368 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,090,000.00 7/19/2024 385 -$ -$ 2,090,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,200,000.00 7/26/2024 392 -$ -$ 3,200,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,300,000.00 8/23/2024 420 -$ -$ 2,300,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 8/26/2024 423 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 9/16/2024 444 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 9/23/2024 451 -$ -$ 3,000,000.00$ -$ -$ -$ FARMER MAC (FAMCA) 4,000,000.00 9/26/2024 454 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,200,000.00 9/30/2024 458 -$ -$ 3,200,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 1,000,000.00 10/17/2024 475 -$ -$ 1,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 10/25/2024 483 -$ -$ 3,500,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 11/1/2024 490 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,300,000.00 11/18/2024 507 -$ -$ 2,300,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 1,000,000.00 11/25/2024 514 -$ -$ 1,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 1,200,000.00 12/20/2024 539 -$ -$ 1,200,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 1,500,000.00 1/6/2025 556 -$ -$ 1,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 3/14/2025 623 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 3/24/2025 633 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 3/28/2025 637 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 4/21/2025 661 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 1,730,000.00 4/28/2025 668 -$ -$ 1,730,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 5/23/2025 693 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 2,500,000.00 6/13/2025 714 -$ -$ 2,500,000.00$ -$ -$ -$ FANNIE MAE (FNMA) 4,000,000.00 6/17/2025 718 -$ -$ 4,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 6/23/2025 724 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 6/27/2025 728 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 6/30/2025 731 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 7/18/2025 749 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,000,000.00 7/25/2025 756 -$ -$ -$ 3,000,000.00$ -$ -$ FANNIE MAE (FNMA) 4,000,000.00 8/25/2025 787 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 8/29/2025 791 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 4,000,000.00 9/12/2025 805 -$ -$ -$ 4,000,000.00$ -$ -$ FREDDIE MAC (FHLMC) 4,000,000.00 9/24/2025 817 -$ -$ -$ 4,000,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 10/14/2025 837 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB) 3,200,000.00 10/20/2025 843 -$ -$ -$ 3,200,000.00$ -$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 10/29/2025 852 -$ -$ -$ 3,500,000.00$ -$ -$ FANNIE MAE (FNMA) 3,500,000.00 11/7/2025 861 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB) 2,030,000.00 11/17/2025 871 -$ -$ -$ 2,030,000.00$ -$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 1/27/2026 942 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 3/10/2026 984 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB) 5,000,000.00 6/12/2026 1078 -$ -$ -$ 5,000,000.00$ -$ -$ FED FARM CREDIT (FFCB) 3,000,000.00 7/27/2026 1123 -$ -$ -$ -$ 3,000,000.00$ -$ FED FARM CREDIT (FFCB) 1,666,000.00 8/24/2026 1151 -$ -$ -$ -$ 1,666,000.00$ -$ FED HOME LN BANK (FHLB) 3,500,000.00 8/25/2026 1152 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB) 1,000,000.00 9/28/2026 1186 -$ -$ -$ -$ 1,000,000.00$ -$ FED HOME LN BANK (FHLB) 3,750,000.00 10/21/2026 1209 -$ -$ -$ -$ 3,750,000.00$ -$ Page 13 of 17Page 161 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaToday's Date: 6/30/2023Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR MaturityDays to MaturityUnder 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsFED HOME LN BANK (FHLB) 2,600,000.00 11/23/2026 1242 -$ -$ -$ -$ 2,600,000.00$ -$ FED HOME LN BANK (FHLB) 1,650,000.00 12/11/2026 1260 -$ -$ -$ -$ 1,650,000.00$ -$ FED FARM CREDIT (FFCB) 3,500,000.00 9/15/2027 1538 -$ -$ -$ -$ -$ 3,500,000.00$ FED FARM CREDIT (FFCB) 3,500,000.00 10/27/2027 1580 -$ -$ -$ -$ -$ 3,500,000.00$ FEDERAL AGENCY BOND/NOTE28,969,000.00$ 27,410,000.00$ 71,020,000.00$ 53,730,000.00$ 17,166,000.00$ 7,000,000.00$ U.S. TREASURY NOTE 6,000,000.00 9/21/2023 83 6,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 6,000,000.00 10/24/2023 116 6,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 10/31/2023 123 3,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 7,500,000.00 11/9/2023 132 7,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/15/2023 138 3,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2023 153 3,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 7,500,000.00 12/21/2023 174 7,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2024 519 -$ -$ 3,000,000.00$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 8/15/2025 777 -$ -$ -$ 3,000,000.00$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 8/15/2026 1142 -$ -$ -$ -$ 3,500,000.00$ -$ U.S. TREASURY NOTE24,500,000.00$ -$ 3,000,000.00$ 3,000,000.00$ 3,500,000.00$ -$ SOUTHERN CA PUBLIC POWER AUTH3,960,000.00 7/1/202313,960,000.00$ -$ -$ -$ -$ -$ GARDEN GROVE UNIFIED SD 245,000.00 8/1/2023 32 245,000.00$ -$ -$ -$ -$ -$ POWAY UNIFIED SCHOOL DIST 1,000,000.00 8/1/2023 32 1,000,000.00$ -$ -$ -$ -$ -$ COACHELLA VALLEY USD 555,000.00 8/1/2023 32 555,000.00$ -$ -$ -$ -$ -$ SAN RAFAEL ELEM SCH DIST 980,000.00 8/1/2023 32 980,000.00$ -$ -$ -$ -$ -$ WEST CONTRA COSTA USD 500,000.00 8/1/2023 32 500,000.00$ -$ -$ -$ -$ -$ POMONA PENSION OBLG 500,000.00 8/1/2023 32 500,000.00$ -$ -$ -$ -$ -$ STATE OF CALIFORNIA 2,500,000.00 10/1/2023 93 2,500,000.00$ -$ -$ -$ -$ -$ STATE OF CALIFORNIA 4,000,000.00 10/1/2023 93 4,000,000.00$ -$ -$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 400,000.00 11/1/2023 124 400,000.00$ -$ -$ -$ -$ -$ BAKERSFIELD SCHOOL DISTRICT 335,000.00 11/1/2023 124 335,000.00$ -$ -$ -$ -$ -$ STATE OF CALIFORNIA 3,000,000.00 4/1/2024 276 -$ 3,000,000.00$ -$ -$ -$ -$ CITY OF RIVERSIDE PENSN OBLG 250,000.00 6/1/2024 337 -$ 250,000.00$ -$ -$ -$ -$ CENTRAL UNIFIED SCHOOL DISTRICT795,000.00 7/1/2024 367 -$ -$ 795,000.00$ -$ -$ -$ SAN RAFAEL ELEM SCH DIST 1,200,000.00 8/1/2024 398 -$ -$ 1,200,000.00$ -$ -$ -$ SANTA MONICA-MALIBU USD 250,000.00 8/1/2024 398 -$ -$ 250,000.00$ -$ -$ -$ GILROY UNIFIED SD 500,000.00 8/1/2024 398 -$ -$ 500,000.00$ -$ -$ -$ LONG BEACH CCD 1,315,000.00 8/1/2024 398 -$ -$ 1,315,000.00$ -$ -$ -$ COACHELLA VALLEY USD 365,000.00 8/1/2024 398 -$ -$ 365,000.00$ -$ -$ -$ SAN BERNARDINO CCD 700,000.00 8/1/2024 398 -$ -$ 700,000.00$ -$ -$ -$ SAN BERNARDINO CCD 1,000,000.00 8/1/2024 398 -$ -$ 1,000,000.00$ -$ -$ -$ SONOMA CNTY JR COLLEGE DIST 1,000,000.00 8/1/2024 398 -$ -$ 1,000,000.00$ -$ -$ -$ VAL VERDE UNIFIED SCH DIST 215,000.00 8/1/2024 398 -$ -$ 215,000.00$ -$ -$ -$ OAK GROVE SCHOOL DISTRICT 200,000.00 8/1/2024 398 -$ -$ 200,000.00$ -$ -$ -$ CARSON REDEV AGY TAB 600,000.00 8/1/2024 398 -$ -$ 600,000.00$ -$ -$ -$ SANTA MARIA JT UHSD 400,000.00 8/1/2024 398 -$ -$ 400,000.00$ -$ -$ -$ SANTA ANA CMNTY REDEV AGY 2,000,000.00 9/1/2024 429 -$ -$ 2,000,000.00$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 450,000.00 11/1/2024 490 -$ -$ 450,000.00$ -$ -$ -$ NATIONAL CITY PENSN OBLIG 300,000.00 11/1/2024 490 -$ -$ 300,000.00$ -$ -$ -$ STATE OF CONNECTICUT 1,700,000.00 1/15/2025 565 -$ -$ 1,700,000.00$ -$ -$ -$ STATE OF CALIFORNIA 750,000.00 3/1/2025 610 -$ -$ 750,000.00$ -$ -$ -$ SAN FRANCISCO CITY/CNTY PORT CO255,000.00 3/1/2025 610 -$ -$ 255,000.00$ -$ -$ -$ GARDENA PENSN OBLIG 250,000.00 4/1/2025 641 -$ -$ 250,000.00$ -$ -$ -$ PORT OF OAKLAND 1,030,000.00 5/1/2025 671 -$ -$ 1,030,000.00$ -$ -$ -$ CA STWD CMNTY DEV TRANS 1,000,000.00 6/1/2025 702 -$ -$ 1,000,000.00$ -$ -$ -$ CITY OF ONTARIO CA POB 1,000,000.00 6/1/2025 702 -$ -$ 1,000,000.00$ -$ -$ -$ UNIV OF CALIFORNIA 1,600,000.00 7/1/2025 732 -$ -$ -$ 1,600,000.00$ -$ -$ SAN JOSE SUCCESSOR AGY 4,675,000.00 8/1/2025 763 -$ -$ -$ 4,675,000.00$ -$ -$ CITY OF SAN BERNARDINO USD 2,250,000.00 8/1/2025 763 -$ -$ -$ 2,250,000.00$ -$ -$ COLTON UNIFIED SD 2,475,000.00 8/1/2025 763 -$ -$ -$ 2,475,000.00$ -$ -$ Page 14 of 17Page 162 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula VistaToday's Date: 6/30/2023Portfolio Maturity Distribution0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 DaysDescription PAR MaturityDays to MaturityUnder 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 YearsCARPINTERIA UNIFIED SCH DIST 1,210,000.00 8/1/2025 763 -$ -$ -$ 1,210,000.00$ -$ -$ POMONA PENSION OBLG 1,675,000.00 8/1/2025 763 -$ -$ -$ 1,675,000.00$ -$ -$ SAN JOSE GEN OBLIG 2,275,000.00 9/1/2025 794 -$ -$ -$ 2,275,000.00$ -$ -$ STATE OF HAWAII 2,290,000.00 10/1/2025 824 -$ -$ -$ 2,290,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 775,000.00 11/1/2025 855 -$ -$ -$ 775,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 2,500,000.00 11/1/2025 855 -$ -$ -$ 2,500,000.00$ -$ -$ STATE OF CALIFORNIA 3,200,000.00 4/1/2026 1006 -$ -$ -$ 3,200,000.00$ -$ -$ SEQUOIA UHSD 2,050,000.00 7/1/2026 1097 -$ -$ -$ -$ 2,050,000.00$ -$ HUNTINGTON BEACH UHSD 3,510,000.00 8/1/2026 1128 -$ -$ -$ -$ 3,510,000.00$ -$ CITY OF LOS ANGELES 1,085,000.00 9/1/2026 1159 -$ -$ -$ -$ 1,085,000.00$ -$ STATE OF CONNECTICUT 3,000,000.00 9/15/2026 1173 -$ -$ -$ -$ 3,000,000.00$ -$ UNIV OF CALIFORNIA 1,340,000.00 5/15/2027 1415 -$ -$ -$ -$ 1,340,000.00$ -$ CITY OF RIVERSIDE PENSN OBLG 1,500,000.00 6/1/2027 1432 -$ -$ -$ -$ 1,500,000.00$ -$ SEQUOIA UHSD 2,150,000.00 7/1/2027 1462 -$ -$ -$ -$ -$ 2,150,000.00$ SADDLEBACK USD 1,805,000.00 8/1/2027 1493 -$ -$ -$ -$ -$ 1,805,000.00$ SAN DIEGO CCD 1,300,000.00 8/1/2027 1493 -$ -$ -$ -$ -$ 1,300,000.00$ MOUNTAIN VIEW-WHISMAN SD 970,000.00 9/1/2027 1524 -$ -$ -$ -$ -$ 970,000.00$ MUNICIPAL BOND14,975,000.00$ 3,250,000.00$ 17,275,000.00$ 24,925,000.00$ 12,485,000.00$ 6,225,000.00$ INTL FINANCE CORP (IFC) 1,900,000.00 6/24/2024 360 -$ 1,900,000.00$ -$ -$ -$ -$ INTERAMER DEV (IADB) 3,000,000.00 9/23/2024 451 -$ -$ 3,000,000.00$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD) 3,000,000.00 11/25/2024 514 -$ -$ 3,000,000.00$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD) 3,500,000.00 7/29/2025 760 -$ -$ -$ 3,500,000.00$ -$ -$ INTERAMER DEV (IADB) 3,000,000.00 6/2/2026 1068 -$ -$ -$ 3,000,000.00$ -$ -$ INTL FINANCE CORP (IFC) 4,000,000.00 10/8/2026 1196 -$ -$ -$ -$ 4,000,000.00$ -$ SUPRANATIONAL-$ 1,900,000.00$ 6,000,000.00$ 6,500,000.00$ 4,000,000.00$ -$ NEIGHBORHOOD NATIONAL BANK 4,307,974.27 8/17/2023 48 4,307,974.27$ -$ -$ -$ -$ -$ PLACEMENT SERVICE DEPOSITS4,307,974.27$ -$ -$ -$ -$ -$ Total104,031,974.27$ 54,999,000.00$ 152,868,000.00$ 120,252,000.00$ 59,382,000.00$ 13,474,000.00$ Note: Excludes Pooled Investments and Bank of New York Mellon Money Market FundGrand Total 505,006,974.27$ Page 15 of 17Page 163 of 483City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market  Value GICS Sector CITIGROUP GLOBAL MARKETS 7/20/2023 17330PSX8 3.75 3,488,205.00 Financials BANK OF AMERICA CORP 7/24/2023 06053FAA7 0.74 1,254,071.30 Financials PNC BANK NA 7/25/2023 69349LAM0 0.89 2,521,717.50 Financials BANK OF NEW YORK MELLON CORP 8/16/2023 06406FAD5 0.84 2,987,760.00 Financials TOYOTA MOTOR CORP 8/25/2023 89236THA6 0.79 2,486,400.00 Consumer Discretionary GILEAD SCIENCES 9/1/2023 375558BL6 2.54 3,075,643.32 Health Care AMERICAN HONDA FINANCE 9/8/2023 02665WDM0 0.83 2,972,850.00 Consumer Discretionary CUMMINS INC 10/1/2023 231021AR7 2.22 3,480,260.00 Industrials CATERPILLAR FINL 12/7/2023 14913Q2S7 2.56 3,676,653.00 Industrials JOHN DEERE CAPITAL CORP 3/7/2024 24422EUX5 1.22 2,940,210.00 Industrials UNILEVER CAPITAL 5/5/2024 904764AX5 1.75 1,464,255.00 Consumer Staples UNILEVER CAPITAL 5/5/2024 904764AX5 1.79 1,952,340.00 Consumer Staples APPLE INC 5/6/2024 037833AS9 1.63 246,365.00 Information Technology APPLE INC 5/11/2024 037833CU2 1.69 635,947.00 Information Technology TEXAS INSTRUMENTS 5/15/2024 882508BB9 2.28 976,140.00 Information Technology BANK OF NEW YORK MELLON CORP 5/15/2024 06406HCV9 1.36 587,760.00 Financials IBM CORP 5/15/2024 459200JY8 0.60 2,931,870.00 Information Technology ASTRAZENECA FINANCE LLC 5/28/2024 04636NAC7 1.10 2,395,275.00 Health Care ONCOR ELECTRIC DELIVERY 6/1/2024 68233JBM5 1.08 462,222.50 Utilities HORMEL FOODS CORP 6/3/2024 440452AG5 1.19 2,869,020.00 Consumer Staples WALMART INC 7/8/2024 931142EL3 2.71 3,802,773.00 Consumer Discretionary SALESFORCE.COM INC 7/15/2024 79466LAG9 0.96 428,346.00 Information Technology UNITED HEALTH 8/15/2024 91324PDR0 0.58 2,898,780.00 Health Care EXXON MOBIL CO 8/16/2024 30231GBC5 0.65 963,860.00 Energy AMAZON.COM INC 8/22/2024 023135AZ9 1.88 219,730.76 Consumer Discretionary BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 1.87 974,640.00 Industrials BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 0.97 2,923,920.00 Industrials COCA-COLA CO 9/6/2024 191216CL2 0.95 3,092,448.00 Consumer Staples PAYPAL HOLDING 10/1/2024 70450YAC7 0.67 912,798.00 Information Technology BANK OF NEW YORK MELLON CORP 10/24/2024 06406RAL1 1.15 955,610.00 Financials CATERPILLAR FINL 11/8/2024 14913Q3B3 1.06 2,874,390.00 Industrials HERSHEY COMPANY 11/15/2024 427866BC1 1.87 649,574.73 Consumer Staples ADOBE SYSTEMS INC 2/1/2025 00724FAC5 3.11 2,516,994.30 Information Technology PACCAR FINANCIAL 2/6/2025 69371RQ66 0.66 943,220.00 Financials TOYOTA MOTOR CORP 2/13/2025 89236TGT6 1.03 946,270.00 Consumer Discretionary 3M COMPANY 2/14/2025 88579YBH3 1.44 2,357,775.00 Industrials WW GRAINGER INC 2/15/2025 384802AE4 0.70 548,888.80 Industrials JOHN DEERE CAPITAL CORP 3/13/2025 24422EUE7 1.08 1,213,925.00 Industrials INTEL CORP 3/25/2025 458140BP4 4.53 1,938,828.93 Information Technology AMAZON.COM INC 4/13/2025 023135CE4 2.99 2,897,310.00 Consumer Discretionary TARGET CORP 4/15/2025 87612EBL9 1.75 2,857,170.00 Consumer Discretionary APPLE INC 5/11/2025 037833DT4 1.12 1,053,605.67 Information Technology HONEYWELL INTERNATIONAL 6/1/2025 438516CB0 1.14 2,798,310.00 Industrials AMAZON.COM INC 6/3/2025 023135BQ8 1.19 1,549,616.22 Consumer Discretionary JP MORGAN CHASE 7/15/2025 46625HMN7 1.85 1,949,180.00 Financials PACCAR FINANCIAL 8/11/2025 69371RR99 4.37 2,229,528.00 Financials STATE STREET CORP 8/18/2025 857477AT0 3.09 1,541,248.00 Financials CUMMINS INC 9/1/2025 231021AU0 1.28 676,293.46 Industrials CUMMINS INC 9/1/2025 231021AU0 1.18 2,054,366.54 Industrials HOME DEPOT INC 9/15/2025 437076BK7 3.09 3,087,040.00 Consumer Discretionary TOYOTA MOTOR CORP 10/16/2025 89236THP3 1.42 2,716,860.00 Consumer Discretionary VISA INC 12/14/2025 92826CAD4 2.74 2,394,700.00 Financials PEPSICO INC 2/24/2026 713448DF2 4.34 1,783,005.12 Consumer Staples CISCO SYSTEMS 2/28/2026 17275RBC5 4.34 3,358,530.00 Information Technology TARGET CORP 4/15/2026 87612EBE5 4.39 1,750,969.50 Consumer Discretionary TARGET CORP 4/15/2026 87612EBE5 4.17 1,799,239.47 Consumer Discretionary PACCAR FINANCIAL 5/11/2026 69371RR32 4.40 2,696,550.00 Financials INTEL CORP 5/19/2026 458140AU4 1.34 2,233,293.02 Information Technology WALMART INC 7/8/2026 931142EM1 4.11 1,816,628.00 Consumer Discretionary CISCO SYSTEMS 9/20/2026 17275RBL5 4.07 1,076,975.00 Information Technology HONEYWELL INTERNATIONAL 11/1/2026 438516BL9 3.03 1,105,984.20 Industrials NIKE INC 11/1/2026 654106AF0 3.14 961,090.65 Consumer Discretionary ILLINOIS TOOL WORKS INC 11/15/2026 452308AX7 4.87 1,329,800.22 Industrials ABBOTT LABORATORIES 11/30/2026 002824BF6 4.71 973,910.00 Health Care BANK OF AMERICA CORP 3/2/2027 06048WS84 2.75 3,561,320.00 Financials CHARLES SCHWAB CORP 3/3/2027 808513BY0 3.35 1,974,643.65 Financials PEPSICO INC 3/19/2027 713448ER5 3.14 1,802,162.25 Consumer Staples Page 16 of 17 Page 164 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market  Value GICS Sector COSTCO WHOLESALE CORP 5/18/2027 22160KAM7 4.31 3,037,312.00 Consumer Discretionary MERCK & CO INC 6/10/2027 58933YBC8 3.18 2,865,952.00 Health Care Total 136,500,330.11 GICS Sector Amount Percent Information Technology 18,309,692.92 13.41% Financials 29,085,513.45 21.31% Real Estate 0.00 0.00% Consumer Discretionary 32,901,259.60 24.10% Industrials 28,955,416.22 21.21% Consumer Staples 13,612,805.10 9.97% Energy 963,860.00 0.71% Utilities 462,222.50 0.34% Materials 0.00 0.00% Communication Services 0.00 0.00% Health Care 12,209,560.32 8.94% Total 136,500,330.11 100.00% 13.41% 21.31% 0.00% 24.10% 21.21% 9.97% 0.71%0.34% 0.00%0.00%8.94% Corporate Bonds ‐Sector Distribution Information Technology Financials Real Estate Consumer Discretionary Industrials Consumer Staples Energy Utilities Materials Communication Services Health Care Page 17 of 17 Page 165 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: Lety & Victor < Sent: Tuesday, September 12, 2023 7:38 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: PUBLIC hearing... emil WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Good morning Ms Clerk, I wanted to attach an invitation to an email but did not find a way to do it. Actually, I am not sure that the email was sent, but the note after it said it was... I am writing below my email for tonight's agenda and uploading the attachments. Thank you very much. EMAIL FOR September 12, 2023 agenda: Good afternoon, Mayor McCann and council members, I am inviting the City Council to walk with us this weekend, September 16th at 8:30 am in support of Chula Vista's Harborside Park. I, Leticia Lares representing the Southwest Chula Vista residents, NEED the city council to support our needs. This walk is a call to the City Council. We hired them and VOTED for them to REPRESENT US. They are OUR employees, and they need to work on behalf of us. WE PAY their SALARY, and they are to listen to our petitions. We, the Southwest Chula Vista residents would like OUR COUNCIL representative for District 4 Andrea Cárdenas to really represent us and fight for OUR Harborside Park, presenting the NEED we have to the other three council members Chávez, González, and Preciado, and try to persuade them to support the RE-opening of Harborside Park. We NEED OUR PARK BACK! Thank you for your attention, God bless you, and God Bless Chula Vista The Southwest Chula Vista residents of District 4. Lety Lares º°´¯ ¯`°º•¤. ¸¸.¤•º°´¯ ¯`°º•¤. ¸¸.¤•º°´¯ ¯`°º•¤. ¸¸.¤•º°´¯ ¯`°º•¤. º°´¯ ¯`°º•¤. ¸ Tomar una decisión diferente, te da la oportunidad de vivir una vida DIFERENTE" The LeVic' s Team Children are not distractions from more important work. They are the most important work.” -C.S. Lewis Perseverance: Sticking with something and not giving up, even if it is difficult. Micah 9 You don't often get email from mom3kid@gmail.com. Learn Page 166 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Written Communications Public Comments - Resident D4 Page 167 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Written Communications Public Comments - Resident D4 Page 168 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Written Communications Public Comments - Resident D4 Page 169 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Sept. 8, 2023 To: Mayor John McCann Councilwoman Carolina Chavez (District 1) Councilman Jose Preciado (District 2) Councilman Alonso Gonzalez (District 3) Councilwoman Andrea Cardenas (District 4) Written Communications Item # — Name__ c. LUgnv t n RIla aco Intention Advocacy Project 465 C Street Chula Vista, CA 91910 Phone (619) 947-6002 Re: Opposition to Proposed Homeless Encampment Ban Dear members of the Chula Vista City Council, As an organization dedicated to providing critical programs and services to unsheltered individuals that offer dignity, equity and hope, I am writing in objection to the proposed homeless ban that's being considered on Sept. 12. If this ban should become law, it would represent a significant human rights violation, effectively making it a crime for members of this population to simply exist in the city of Chula Vista. Furthermore, this proposed ban is unconstitutional and degrading in the manner it targets this demographic, while recklessly neglecting to address the homelessness crisis itself. We've seen a trend in this city where instead of providing shelter and affording housing for this vulnerable and growing population, our elected officials and city staff are ignoring men, women and families—many of whom aren't addicted to drugs or alcohol or suffer from severe mental illness but have fallen on hard times. This consistent lack of transparency when it comes to providing housing for the unsheltered is not only disheartening, it's cruel. We don't have the basic resources to ensure people are safe while they're displaced. A ban will not only deepen the systematic issues we have with city government and our local police department, but it will also enforce a stereotype on this demographic that creates a behavioral stigma against them. This discrimination devalues them as human beings, resulting in negative consequences including job prospects, housing and a lack of quality healthcare. r Criminalizing unsheltered individuals only further traumatizes the unhoused population, intensifies mental health issues and causes financial instability, among a number of other things. This city already has a history of criminalizing unhoused community members in the way of citing and ticketing (for sleeping on sidewalks), vehicle habitation bans, arresting them and encroaching on their civil liberties. It's time to step up, become part of the solution and stop contributing to the problem. If you truly want to see less unsheltered individuals on the street, you need to consider the practical solution. Only housing fixes homelessness. We urge you to reject the proposed homeless ban, address the permitting Issue immediately and begin filling the pallet homes with eligible individuals. Page 170 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Please Sign in support of our advocacy letter: Page 171 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 172 of 483City of Chula Vista City Council September 12, 2023 Post Agenda Page 173 of 483City of Chula Vista City Council September 12, 2023 Post Agenda Written communications J Item # /-Name )Oz4So YZw vv. ZG7'0 157 MURRAY ST. CHULA VISTA, CA 91910 Honorable Mayor & City Council 09/12/23 As you probably know, I am here to educate you of the devastating side effects the "Tenant Protection Ordinance" has on the Homeless, Elderly, and Chula Vista's Rental Community. Additionally at the end of this series of presentations we will inform you of a few very simply fixes. In the presentation of 07/25/23 we pointed out the 5,000.00 daily fines levied against unsuspecting Landlords and/or tenants for simple paperwork errors. The presentation of 08/08/23 made you aware of the two Clauses within the Ordinance which does the most financial harm to Chula Vista renters. You have previously been provided with the data compiled by City Staff which was used as a source for the creation of the "Tenant Protection Ordinance". This evening we will delve into how City Staff's creation of "Administrative Regulations" to mitigate the Page 1 of 3 Page 174 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda negative side effects of "Tenant Protection Ordinance" has only made the matter worse. Let's proceed. In conversations with City Staff at City held workshops, we were informed that the problems created by the glitches and poor wording of the "Tenant Protection Ordinance" would be addressed by the "Tenant Protection Ordinance Administrative Regulations". Unfortunately, Staff's efforts of "Clean Up" the glitches in the "Ordinance" created several areas where the "Administrative Regulations" directly contradict the Tenant Protection Ordinance". One Example: Page 6 Section E of the Administrative Regulations" states quite plainly: "The Tenant Information Inquiry is not required to be completed by Tenant." This regulation is a direct contradiction to Clause 9.65.060E of the "Tenant Protection Ordinance" which plainly states: "Owners and Tenants shall provide City with information regarding termination of Tenancies at such times) and with such details as shall be required by city in the attendant Administration regulations." Some legal experts maintain this is a contradiction because this clause in the Ordinance would not have included the word "Tenants" if Council did not desire information to be gathered from Landlords Tenants. Page 2 of 3 Page 175 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Contradictions are addressed in page 4 section "C" of the "Administrative Regulations" which states: To the extent of any conflict between these regulations and Chapter 9.65, the terms of Chapter 9.65 shall govern. 11V The above clause "C" of the "Administrative Regulations" brings Owners and Tenants back full circle to which good intention Owners and Tenants are faced with huge fines. Landlords will be forced to drastically raise rents in an attempt to adhere to all clauses of the Tenant Protection Ordinance", poorly worded or not. I applaud City Staff's creation of the "Administrative Regulations" attempting to mitigate harm the "Ordinance" has brought upon our community. However, we all can agree the most effective way to eliminate the devastating side effects this "Ordinance" has on most financially vulnerable our community is not thru "Administrative Regulations" but thru correcting the "Ordinance" itself. In our future presentation we will document how City Staff's statements not to levy $5,000.00 daily fines for inadvertent paper work errors is simply NOT true. Thank You. i * & -6 q/d6o Page 3of3 Page 176 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy ORDINANCE NO. ORDINANCE OF THE CITY OF CI ULA VISTA ADDING CHAPTER 9.65 TO THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH RESIDENTIAL LANDLORD AND TENANT PROVISIONS WHEREAS, prior to the COVID-19 pandemic, there existed a lack of affordable housing in the State of California, including San Diego County https://www.gov.ca.gov/2019/03/1 1/govemor-newsom-announces-legislative-pLoposals-to- confront-the-housing-cost-crisis/) and which continues to exist to this day; and WHEREAS, over 42% of the housing stock in the City of Chula Vista is rental housing and 44% of all Chula Vista renters pay more than 50% of their income towards housing costs 2011-2015 CHAS); and WHEREAS, 47% of Chula Vista's households are of lower income and earn 80% of the Area Median Income or less ($68,000 annual income for a family of four) and 46% of these households pay more than 50% of their income towards housing costs as renters and homeowners 2011-2015 CHAS); and WHEREAS, the City's COVID-19 Emergency Rental Assistance Program ("ERAP") via SBCS has received 7,339 ERAP applications, of which 6,189 were processed, through April 21, 2022; and WHEREAS, Chula Vista residents, particularly those within low wage and service industries, have suffered loss or limited work opportunities and are experiencing unexpected loss of income. These households are at risk of maintaining housing and falling into homelessness; and WHEREAS, given existing income levels of Chula Vista residents and the existing high cost of housing in San Diego County prior to the COVID-19 pandemic, any further reductions in income and increased housing costs would exacerbate existing housing affordability issues indeed a recent report shows that Chula Vista rents increased by 16% over the last year https://ww-w cbs8 com/article/news/investi attions/your-stories-8/skyrocketinp,-rent-hikes- across-san-dieio-new-report-shows/509-ee7f4ae5-c360-4ea7-bb59-55c4cb5f86d7); and WHEREAS, further economic impacts are anticipated (including high inflation, increased food and transportation costs, rising rents, and higher mortgage rates) leaving tenants vulnerable to eviction; and WHEREAS, it in the interest of protecting the public health and welfare, the City Council of the City of Chula Vista finds that it is essential to avoid unnecessary housing displacement, to protect the City's affordable housing stock, and to prevent housed individuals from falling into homelessness; and C:\Usets\shereek\Desktop`Revised Ordinance A clean - MAW 9.6? Residential Landlord and Tenant Promions_ -5.17.22.doex Page 177 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 2 WHEREAS, in August 2020, the California legislature adopted state residential eviction protections for tenants unable to pay rent due to the COVID-19 pandemic and preempted local eviction protections (the state eviction protections were extended to residential tenancies through March 31, 2022); and WHEREAS, displacement of residential tenants caused by eviction creates undue hardship on these tenants by making it difficult to follow public health orders and guidance of social distancing and isolation, and puts them at risk of homelessness due to the City's documented shortage of affordable housing; and WHEREAS, through "no-fault" evictions, tenants can be evicted and displaced from their homes despite satisfying monthly rental obligations and acting in good faith to comply with the terms of their lease; and WHEREAS, a tenant's sudden and immediate displacement caused by a "no-fault" eviction can have a profound impact on the financial, emotional, and professional stability of a tenant's life, which impacts are compounded by the ongoing COVID-19 pandemic; and WIHREAS, the Covid-19 Pandemic continues to impact our communities and evictions have been associated with higher COVID-19 transmission and mortality through overcrowded living environments, transiency, reduced access to healthcare, and challenges to comply with mitigation strategies, and WHEREAS, the Council finds that adopting this Ordinance is necessary and appropriate to address the threats to the public health, safety, and welfare of its citizens to ensure residents continue to have stable shelter and to protect residents from avoidable homelessness; and WHEREAS, this Ordinance further limits the permissible reasons for termination of a residential tenancy and provides additional tenant protections. City Council hereby declares and finds that that this Ordinance more protective than the State Tenant Protection Act of 2019 (AB 1482) and that this Ordinance shall apply rather than the Act. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 9.65 of the Chula Vista Municipal Code is added as follows: Chapter 9.65 RESIDENTIAL LANDLORD AND TENANT ORDINANCE Sections: 9.65.010 Title. 9.65.020 Findings and Purpose. Page 178 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 3 9.65.030 Definitions. 9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause. 9.65.050 Requirements Upon Termination of a Long Term Tenancy for No Fault Just Cause, including Occupation by Owner or Family Member or Government or Court Order. 9.65.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market. 9.65.070 Requirements Upon Complete Demolition of a Residential Rental Unit in a Residential Rental Complex. 9.65.080 Requirements Upon Remodel or Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex. 9.65.090 Tenant Harassment/Retaliation Prohibited. 9.65.100 Enforcement and Remedies. 9.65.110 Limitations on Application. CHAPTER 9.65 9.65.010 Title. This chapter shall be known as the Chula Vista Residential Landlord and Tenant Ordinance and may be referred to herein as the Residential Landlord and Tenant Ordinance. 9.65.020 Findings and Purpose. A- Subject to the provisions of appliable law, the purpose of the Residential Landlord and Tenant Ordinance is to require just cause for termination of residential tenancies consistent with Civil Code section 19462, to further limit the reasons for termination of a residential tenancy, to require greater tenant relocation assistance in specified circumstances, and to provide additional protections_ B. In accordance with California Civil Code Section 1946.2(gxl)(B), the City Council finds that the provisions of this chapter regulating just cause terminations of tenancies are more protective than California Civil Code Section 1946.2 for the following reasons: 1. The just cause for termination of a residential tenancy under this chapter is consistent with California Civil Code Section 1946.2. 2. This chapter provides additional tenant protections that are not prohibited by any other provisions of applicable law. Page 179 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 4 C. This chapter shall not apply to the types of residential tenancies or circumstances specified in section 9.65.100. 9.65.030 Definitions. Any term herein expressed in the plural may also apply to the singular. The following terms shall have the meanings set forth herein: A "Bad Faith" means an intent to vex, annoy, harass, provoke or injure another person. This includes the intent of an Owner to induce a Tenant to vacate a Residential Rental Unit through unlawful conduct. B. "City" means the City of Chula Vista. C. "Disabled" means an individual with a disability, as defined in California Government Code Section 12955.3- D. "Elderly" means an individual sixty-two (62) years old or older. E. "Family Member" means the spouse, domestic partner, children, grandchildren, parents or grandparents of the residential unit Owner. F. "Housing Service" means repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, pest control services, access to exterior doors, entry systems, and gates, utilities that are paid by the Owner, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, the right to have pets, and any other benefit, privilege or facility connected with the use or occupancy of any Residential Rental Unit. Housing Services to a Residential Rental Unit shall include a proportionate part of services provided to common facilities of the building in which the Residential Rental Unit is contained. G. "Long Term Tenancy" means the continuous and lawful occupation of a Residential Rental Unit for 12 months or more by a Tenant. H. "Owner" means any Person, acting as principal or through an agent, having the right to offer a Residential Rental Unit for rent, and includes a predecessor in interest to the owner. I. "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. J. "Residential Rental Complex" means one or more buildings, located on a single lot, contiguous lots, or lots separated only by a street or alley, containing three or more Residential Rental Units rented or owned by the same Owner. Page 180 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 5 K. "Residential Rental Unit" means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park that is not a Mobilehome Residency Law MRL") Tenancy defined by Civil Code Section 798.12 (or a tenancy governed by the MRL). L. "Substantial Remodel" means, for a Residential Rental Unit, all the following criteria are met: 1) any structural, electrical, plumbing, or mechanical system is being replaced or substantially modified; (2) the cost of the improvements (excluding insurance proceeds, land costs, and architectural/engineering fees) is equal to or greater than $40 per square foot of the Residential Rental Unit, (3) a permit is required from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos is required in accordance with applicable federal, state, and local laws and cannot be reasonably accomplished in a safe manner with the Tenant in place; and (4) it is necessary for the Residential Rental Unit to be vacant for more than sixty (60) days. Cosmetic improvements alone, including painting, decorating, flooring replacement, counter replacement, and minor repairs, or other work that can be performed safely without having the Residential Rental Unit vacated, do not qualify as replacement or Substantial Remodel. M. "Tenancy" means the lawful occupation of a Residential Rental Unit and includes a lease or sublease. N. "Tenant" means a tenant, subtenant, lessee, sublessee, resident manager, or any other individual entitled by written or oral agreement to the use or occupancy of any Residential Rental Unit. 9.65.040 Termination of Long Term Tenancies Prohibited Without Just Cause A. Prohibition. An Owner of the Residential Rental Unit shall not terminate a Long Term Tenancy without just cause, which shall be stated in the written notice to terminate said Tenancy. B. Just Cause Circumstances. "Just cause" for purposes of 9.65.040(A) above includes either at -fault just cause or no-fault just cause as follows: 1. "At -fault just cause" is any of the following: a. Default in payment of rent. b. A breach of material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation. c. Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. d. Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Page 181 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 6 Procedure. Item 7.2 Revised - Clean copy e. The Tenant had a written lease that terminated on or after the effective date of this chapter, or July 1, 2022, if the lease is for a Tenancy in a mobilehome, and after a written request or demand from the Owner, the Tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law. f Criminal activity by the Tenant at the Residential Rental Unit, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the property where the Residential Rental Unit is located, that is directed at any Owner, any agent of the Owner, or any other Tenant of the Residential Rental Unit or of the property where the Residential Rental Unit is located. g. Assigning or subletting the premises in violation of the Tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. h. The Tenant's refusal to allow the Owner to enter the Residential Rental Unit as authorized by Sections 1101.5 and 1954 of the Code of Civil Procedure, and Sections 13 113. 7 and 17926.1 of the Health and Safety Code. i. Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure. A Tenant shall not be considered to have used the premises for an unlawful purpose solely on the basis of the fact that the Owner's Residential Rental Unit is unpermitted, illegal, or otherwise unauthorized under applicable laws. The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure. k. When the Tenant fails to deliver possession of the Residential Rental Unit after providing the Owner written notice as provide in Section 1946 of the Civil Code of the Tenant's intention to terminate the hiring of the real property or makes a written offer to surrender that is accepted in writing by the Owner but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure. 2. "No-fault just cause" is any of the following: a. Termination of Tenancy because of intent to occupy the Residential Rental Unit by the Owner or their spouse, domestic partner, children, grandchildren, parents or Page 182 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 7 grandparents (collectively referred to as Family Member). In such cases, the requirements of section 9.65.050 shall apply. For leases entered into after the effective date of this chapter, or July 1, 2022 if the lease is for a Tenancy in a mobilehome, Section 9.65.040B(2)(a) shall only constitute no-fault just cause if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the Owner to terminate the lease if the Owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the Residential Rental Unit. ii. Addition of a provision allowing the Owner to terminate the lease as described in Section 9.65.404(B)(2)(a) to a new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of Section 9.65.040(B)(1)(e). b. Termination of tenancy because of Owner complying with any of the following: i. An order issued by a government agency or court relating to habitability that necessitates vacating the Residential Rental Unit. ii. An order issued by a government agency or court to vacate the Residential Rental Unit. iii. A local ordinance that necessitates vacating the Residential Rental Unit. If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under this subsection, the Tenant shall not be entitled to relocation assistance as set forth in this chapter. In such cases, where compliance with the above government or court order is required, section 9.65.050 shall apply. c. Termination of Tenancy because of intent to withdraw the Residential Rental Unit from the rental market. In such case, the requirements of section 9.65.060 apply. d. Termination of Tenancy because of intent to completely demolish the Residential Rental Unit to the ground, including removal of the foundation supporting the Residential Rental Unit. In such case, the requirements of section 9.65.070 apply. e. Termination of Tenancy because of intent to Substantially Remodel the Residential Rental Unit. In such case, the requirements of section 9.65.080 apply. C. Notice of Tenant Protection Provisions. An Owner of a Residential Rental Unit subject to this chapter shall provide written notice in no less than 12 -point type to the Tenant as follows: Page 183 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 8 California law limits the amount your rent can be increased.. See Civil Code section 1947.12 for more information. Local lary also provides that once a tenant has continually and lawfully occupied a rental unit for 12 months or more, a landlord must provide a statement of ceruse in any notice to terminate a tenancy. In some circumstances, tenants ivho are elderly' (62 years or older) or disabled may be entitled to additional tenant protections. See Chula t'ista Municipal Code chapter 9.65 for more information. " For a Tenancy in a Residential Rental Unit subject to this chapter existing before the effective date of such; the notice required above shall be provided to the Tenant no later than 30 days after the effective date of this chapter, or as an addendum to the lease or rental agreement. For a Tenancy in a Residential Rental Unit subject to this chapter commenced or renewed on or after the effective date of this chapter, the notice required above shall be included as an addendum to the lease or rental agreement, or as a written notice signed by the Tenant, with a copy provided to the Tenant. The provision of this notice shall be subject to Civil Code section 1632. D. Notice and Opportunity to Cure Lease Violation. Before an Owner of a Residential Rental Unit issues a notice to terminate a Long Term Tenancy for just cause that is a curable lease violation, the Owner shall first give notice of the violation to the Tenant with an opportunity to cure the violation pursuant to Code of Civil Procedure section 1161(3). If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the Tenancy. 9.65.050 Requirements Upon 'Termination of a Long Term Tenancy for No Fault Just Cause, Including Occupation by Owner or Family Member or Government or Court Order A. When an Owner terminates a Long Term Tenancy for no-fault just cause, as specified in 9.65.040(B)(2) above, the Owner shall provide notice and relocation assistance to the Tenant(s) as follows: 1. For no-fault just cause terminations based on 9.65.040(B)(2)(a) [Occupation by Owner or Family Member] and (b) [Government or Court Order]: a. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: i. The basis of the no-fault just cause termination at least sixty (60) days prior to the termination of the Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address], and ii. The Tenant's right to relocation assistance or rent waver pursuant to this section- If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for Page 184 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 9 the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice. b. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: i. Provide a direct payment to the Tenant in an amount equal to one (1) month of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link],- or ink]; or ii. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due. 2. For no-fault just cause terminations based on 9.65.040(B)(2)(c) [Withdrawal from the Rental Market], (d) [Complete Demolition] and (e) [Substantial Remodel]: a_ Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of .- i. i. The basis of the no-fault just cause termination at least sixty (60) days prior to the termination of Tenancy. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to City via email to [housing email address]; and ii. The Tenant's right to relocation assistance or rent waver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within 15 calendar days of service of the notice. b. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate.- i. elocate: i. Provide a direct payment to the Tenant in an amount equal to one (1) month of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy, as identified at [website link], or ii. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due. Page 185 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 10 c. The provisions of this subsection shall not apply to the termination of Tenancy of a Residential Rental Unit in a Residential Rental Complex; the provisions of 9.65.060 through 9.65.080 of this chapter shall apply. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(1)(b)(i) or (A)(2)(b)(i) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. E. If the Tenant fails to vacate after the expiration of the notice to terminate the Long Term Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is returned to rental market, and offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.060 Requirements Upon Withdrawal of a Residential Rental Unit in a Residential Rental Complex from the Rental Market A. Pursuant to Section 7060.1(c) of the Government Code, when an Owner terminates a Long Term Tenancy based on the withdrawal from the rental market, as specified in 9.65.040(B)(2)(c) above, of a Residential Rental Unit in a Residential Rental Complex from the rental market, the Owner shall provide notice and relocation assistance to the Tenant as follows: 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: a. The Owner's intent to terminate the tenancy based on a withdrawal of the Residential Rental Unit from the rental market. Such notice shall be provided to the Tenant at least Page 186 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 11 sixty (60) days prior to withdrawal of the Residential Rental Unit from the rental market. The Owner, on the same day it provides notice to the Tenant, shall also provide a copy of such notice to the City via email; and b. The Tenant's right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and c. The Tenant's right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty 30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: a_ Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above, prior to the rent becoming due. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts owed to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. Page 187 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 12 E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two years of the date the Residential Rental Unit was withdrawn from the rental market, the Owner shall: First offer the unit for rent or lease to the Tenant displaced from that unit by the withdrawal pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. If the Tenant wishes to accept the offer to renew the Tenancy, the Tenant shall notify the Owner in writing within thirty (30) days of the Owner's offer to renew the Tenancy. 2. Should the property be placed on the rental market again within the two (2) year period, then property owner shall be liable for six (6) month's rent to the last tenant of the Residential Rental Unit at the rental rate in place at the time the rental unit is re -rented as set forth U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located. 3. This section F does not apply if the property's rented to owner's Family Members during the two year period, converted to another use, or otherwise sold. G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.070 Requirements Upon Complete Demolition of a Residential Rental Property in a Residential Rental Complex A. When an Owner terminates a Long Term Tenancy based on the complete demolition, as specified in 9.65.040(B)(2)(d) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows: Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: a. The Owner's intent to terminate the tenancy based on a complete demolition of the Residential Rental Unit. Such notice shall be provided to the Tenant at least sixty (60) days prior to the complete demolition of the Residential Rental Unit. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice Page 188 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 13 to the City via email; and b_ The Tenant's right to relocation assistance or rent waiver pursuant to this section_ If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and c. The Tenant's right to receive an offer to renew the Tenancy in the event that new units are constructed on the property within five (5) years, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that new units are constructed on the property; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above. prior to the rent becoming due_ B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. Page 189 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 14 F. If the Residential Rental Unit is demolished and new units are constructed on the same property, and offered for rent or lease for residential purposes within five years of the date the Tenancy was terminated, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the termination pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply. 14. An Owner's failure to strictly comply with this section shall render the notice of termination void. 9.65.080 Requirements Upon Substantial Remodel of a Residential Rental Unit in a Residential Rental Complex A. When an Owner terminates a Long Term Tenancy based on the Substantial Remodel, as specified in 9.65.040(B)(2)(e) above, of a Residential Rental Unit in a Residential Rental Complex, the Owner shall provide notice and relocation assistance to the Tenant as follows: 1. Notice. The Owner shall provide the Tenant written notice, in no less than 12 -point font, of: a. The Owner's intent to terminate the Tenancy based on a Substantial Remodel of the Residential Rental Unit_ Such notice shall be provided to the Tenant at least sixty (60) days prior to conducting the Substantial Remodel. The Owner, at the same time it provides notice to the Tenant, shall also provide a copy of such notice to the City via email, and b. The Tenant's right to relocation assistance or rent waiver pursuant to this section. If the Owner elects to waive the Tenant's rent as provided in subsection (A)(2)(b) below, the notice shall state the amount of rent waived and that no rent is due for the final corresponding months of the Tenancy. Any relocation assistance payment shall be provided by the Owner to the Tenant within fifteen (15) calendar days of service of the notice; and c. The Tenant's right to receive an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated, and that to exercise such right, the Tenant: (i) must notify the Owner in writing within thirty (30) days of the termination notice of such desire to consider an offer to renew the Tenancy in the event that the Residential Rental Unit is offered again for rent or lease for residential purposes; and (ii) must furnish the Owner with an address to which that offer is to be directed; and (iii) may advise the Owner at any time of a change of Page 190 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 15 address to which an offer is to be directed. 2. Relocation Assistance. The Owner shall, regardless of the tenant's income, at the Owner's option, do one of the following to assist the Tenant to relocate: a. Provide a direct payment to the Tenant in an amount equal to two (2) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy. If the Tenant is Elderly or Disabled, then the direct payment shall be in an amount equal to three (3) months of the U.S. Department of Housing and Urban Development's Small Area Fair Market Rents Amount for the zip code in which the Residential Rental Unit is located when the Owner issued the notice to terminate the Tenancy; or b. Waive in writing the payment of rent in an amount equivalent to the direct payment specified in subsection (A)(2)(a) above prior to the rent becoming due. B. When more than one Tenant occupies a rental unit and the Owner opts to provide direct payment to the Tenants pursuant to subsection (A)(2)(a) above, the Owner shall make a single direct payment to all Tenants named on the rental agreement. C. The relocation assistance or rent waiver required by this section shall be in addition to the return of any deposit or security amounts due to the Tenant. D. The relocation assistance or rent waiver required by this section shall be credited against any other relocation assistance required by any other law. E. If the Tenant fails to vacate after the expiration of the notice to terminate the Tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this section may be recoverable as damages in an action to recover possession. F. If the Residential Rental Unit is offered again for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated based on the intent to conduct a Substantial Remodel of the Residential Rental Unit, the Owner shall first offer the unit for rent or lease to the Tenant displaced from that unit by the intent to conduct a Substantial Remodel pursuant to this chapter, if the Tenant has advised the Owner in writing within thirty (30) days of the termination notice of the Tenant's desire to consider an offer to renew the Tenancy and has furnished the Owner with an address to which that offer is to be directed. The Owner shall have the right to screen the Tenant using industry accepted methods for the new tenancy. G. This section shall not apply to mobilehome Tenants; the provisions of Chapter 9.40 of this Code shall apply. H. An Owner's failure to strictly comply with this section shall render the notice of termination void. Page 191 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 16 9.65.090 Tenant Harassment/Retaliation Prohibited A. No Owner or such Owner's agent, contractor, subcontractor, or employee, alone or in concert with another, shall do any of the following in Bad Faith to harass or retaliate against a Tenant for exercising their rights under this chapter: 1. Interrupt, terminate, or fail to provide housing services required by contract, by State, County or City laws, or any health or safety laws; 2. Fail to perform repairs and maintenance required by contract or by State, County or City laws, or any health or safety laws; 3. Fail to exercise due diligence in completing repairs and maintenance once undertaken; 4. Abuse the Owner's right of access into a Residential Rental Unit as that right is provided by law. This includes entries for "inspections" that are not related to necessary repairs or services; entries excessive in number, entries that improperly target certain Tenants or are used to collect evidence against the occupant or otherwise beyond the scope of an otherwise lawful entry; 5. Abuse the Tenant with words which are offensive and inherently likely to provoke an immediate violent reaction; 6. Influence or attempt to influence a Tenant to vacate a rental housing unit through fraud, intimidation or coercion; 7. Threaten the Tenant, by word or gesture, with physical harm; 8. Violate any law that prohibits discrimination based on race, gender, sexual preference, sexual orientation, ethnic background, nationality, religion, age, parenthood, marriage, pregnancy, disability, AIDS, occupancy by a minor child, or any other protected classification; 9. Take action to terminate any Tenancy including service of notice to quit or other eviction notice or bring any action to recover possession of a Residential Rental Unit based upon facts that the Owner has no reasonable cause to believe to be true or upon a legal theory that is untenable under the facts known to the Owner. No Owner shall be liable under this section for bringing an action to recover possession unless or until the Tenant has obtained a favorable termination of that action. This subsection shall not apply to any attorney who in good faith initiates legal proceedings against a Tenant on behalf of an Owner to recover possession of a Residential Rental Unit; 10. Interfere with a Tenant's right to quiet use and enjoyment of a Residential Rental Unit as that right is defined by California law; Page 192 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 17 11. Refuse to acknowledge receipt of a Tenant's lawful rent payment; 12. Interfere with a Tenant's right to privacy. This includes entering or photographing portions of a Residential Rental Unit that are beyond the scope of a lawful entry or inspection. B. No Owner shall retaliate against a Tenant because of the Tenant's exercise of rights under this chapter. A court may consider the protections afforded by this chapter in evaluating a claim of retaliation. C. This section shall not apply to MRL Tenancies under Civil Code Section 798.12 or mobilehome Tenants, as the provisions of Section 1940.2 of the Civil Code and Division 2, Part 2, Chapter 2.5 of the Civil Code (the Mobilehome Residency Law) apply. 9.65.100 Enforcement and Remedies. A. Guiding Principles. The City seeks to promote good relations between Owners and Tenants. 1. To further that goal, Owners and Tenants should treat each other with respect, listen to each other, and make good faith efforts to informally resolve issues. If Landlords and Tenants cannot informally resolve issues, dispute resolution and mediation should be used. 2. This chapter provides for various remedies, including City enforcement. Disputes should be settled as set forth in paragraph 1 above. However, if they are not able to be settled, the primary enforcement mechanism is otherwise expected to be the Private Remedies set forth in Section 9.65. 1 00(E). 3. This chapter provides for City enforcement as set forth in Section 9.65.100(D). The City has the sole and unfettered discretion to determine if it and when it will engage in enforcement of this chapter. Owners and Tenants are encouraged to resolve disputes as set forth in paragraphs 1 and 2 above. B_ Violations>N'ailure to Comply. It shall be unlawful for any Person to violate any provision or fail to comply with the requirements of this chapter. Each day that a violation continues is deemed to be a new and separate offense. C. No Waiver. Any waiver of the rights under this chapter shall be void as contrary to public policy. D. City Attorney Enforcement. The City Attorney may pursue the following actions to enforce this chapter: 1. Alternative Remedies. The City Attorney may require Owner and Tenant to participate in education programs related to Landlord -Tenant issues, mediation, or an alternative dispute Page 193 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 18 program. 2. Criminal Penalty. Any Person violating any of the provisions or failing to comply with any of the requirements of this chapter shall be guilty of a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000) or imprisonment for not more than six months, or by both a fine and imprisonment. At the sole discretion of the City Prosecutor, any violation of this chapter may in the alternative be cited and prosecuted as an infraction. 3. Civil Action. The City, or the City Attorney on behalf of the People of the State of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. The City may also pursue damages as set forth in 9.65.060(F)(1). The burden of proof in such cases shall be preponderance of the evidence. 4. Administrative Citations and Penalties. The City Attorney or an Enforcement Officer may issue administrative citations or civil penalties in accordance with Chapter 1.41 of this Code for violation of any of the provisions of this chapter. The City may also pursue damages as set forth in 9.65.060(F)(1). When a violation occurs, it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued. Subpoena Authority. The City Attorney's Office may issue subpoenas, including subpoena deuces tecum, for the investigation and prosecution of alleged violations of this chapter. E. Private Remedies. Civil Action. An aggrieved Tenant may institute a civil action for injunctive relief, direct money damages, and any other relief that the court deems appropriate, which such relief shall include a civil penalty of no less than Two Thousand Dollars ($2,000), and no more than Five Thousand Dollars ($5,000), per violation, at the discretion of the court. If the aggrieved Tenant is Elderly or Disabled, the court may award an additional penalty of up to Five Thousand Dollars ($5,000) per violation, at the discretion of the court. A Tenant may also pursue damages as set forth in 9.65.060(F)(1). 2. Affirmative Defense. A violation of this chapter may be asserted as an affirmative defense in an unlawful detainer action. 3. Attorney's Fees. The court may award reasonable attorney's fees and costs to a Tenant who prevails in any action described in paragraphs 1 and 2 above. F. Nonexclusive Remedies and Penalties. The remedies specified in this section are cumulative Page 194 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 19 and in addition to any other remedies available under state and local law for violation of this chapter. 9.65.110 Limitations on Application. A. Nothing in this chapter shall be construed as to prevent the lawful eviction of a Tenant by appropriate legal means. B. This chapter shall not apply to the following types of residential tenancies or circumstances: 1. Transient and tourist hotel occupancy as defined in Civil Code section 1940(b). 2. Any residential occupancy by reason of concession, permit, right of access, license or other agreement for a period for 30 consecutive calendar days or less, counting portions of calendar days as full days, including Short -Term Rental occupancies as defined in Chula Vista Municipal Code Chapter 5.68. 3. Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly as defined in Health and Safety Code section 1569.2, or an adult residential facility as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services. 4_ Residential Property or Dormitories owned by the City, an institution of higher education, or a kindergarten and grades 1 to 12, inclusive. 5. Housing accommodations in which the tenant shares a bathroom or kitchen facilities with the Owner who maintains their principal residence at the Residential Rental Unit. 6. Single-family Owner -occupied residencies, including both of the following: a. A residence in which the Owner -occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit. b. A mobilehome. 7. A property containing two separate dwelling units within a single structure in which the Owner OCCU"},'ieu ore of the units as the Owner's principal place of residence at the beginning of the Tenancy, so long as the Owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit. 8. Residential Rental Unit, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply: a. The Owner is not any of the following: Page 195 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 20 Item 7.2 Revised - Clean copy i. A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. ii. A corporation. iii. A limited liability company in which at least one member is a corporation. iv. Management of a mobilehome park, as definedmi Section 798.2 of the Civil Code. b. The Tenants have been provided written notice that the Residential Rental Unit is exempt from this section using the following statement: This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to just cause requirements of Section 1946.2 of the Civil Code and Chapter 9.65 of the Chula Vista Municipal Code. This property meets the requirements of sections 1947.12(d)(5) and 1946.2(e)(8) of the Civil Code and section 9.65.110(B)(8) of the Chula Vista Municipal Code, and the Owner is not any of the following: (1) a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation." For Tenancy existing before the effective date of this chapter, the notice required above may, but is not required to, be provided in the rental agreement. For a Tenancy commenced or renewed on or after the effective date of this chapter, the notice required above shall be provided in the rental agreement. Addition of a provision containing the notice required above to any new or renewed rental agreement or fixed -term lease constitutes a similar provision for the purposes of section 9.65.110. 9. Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093, or subject to an agreement that provides housing subsidies for affordable housing for individuals and families of very low, low, or moderate income as defined in Health and Safety Code section 50093 or comparable federal statutes. This paragraph shall not include housing of a Tenant with a Section 8 Housing Choice Voucher. 10. This chapter shall not apply to a homeowner of a mobilehome, as defined in Civil Code section 798.9 or a Tenancy as defined in Civil Code Section 798.12. C. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. Page 196 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.2 Revised - Clean copy Ordinance Page 21 Section H. 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 Tiffany Allen Glen R. Googins Deputy City Manager/ City Attorney Director of Development Services Page 197 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda FiA 01 LAI I RIM CITY OF HOUSING & CHULA VISTA HOMELESS SERVICES Effective April 20, 2023 Page 198 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 01 Contents 020 Promulgation of Administrative Regulations........................................................................... 3 A. Purpose of Administrative Regulations.............................................................................. 3 B. Organization of Administrative Regulations....................................................................... 3 C. Governing Terms in the Event of Conflict........................................................................... 3 D. Capitalized Terms................................................................................................................ 3 E. Effective Date of Administrative Regulations..................................................................... 3 F. Summarized Guide for CVMC 9.65 Requirements............................................................. 3 G. Questions Regarding Administrative Regulations.............................................................. 3 H. Notification of Updates....................................................................................................... 3 030 Definitions................................................................................................................................4 A. Family Member................................................................................................................... 4 B. Substantial remodel............................................................................................................ 4 040 Residential Tenancies Not Subject to CVMC 9.65................................................................... 4 A. Notice of Tenancy Exempt from CVMC 9.65...................................................................... 4 B. Form of Notice.................................................................................................................... 4 060 Just Cause Required for Termination of Tenancy.................................................................... 4 A. Notice of Tenancy Protected by CVMC 9.65....................................................................... 4 B. Form of Notice.................................................................................................................... 4 070 Requirements Upon Termination of Tenancy......................................................................... 5 A. Owner Notice to City Regarding Termination.................................................................... 5 1. Notice Not Required......................................................................................................... 5 2. Notice Required................................................................................................................ 5 B. Content of Notice................................................................................................................ 5 C. Form of Notice.................................................................................................................... 5 D. Delivery of Notice............................................................................................................... 5 E. Tenant Information to City................................................................................................. 6 F. Right of First Return Upon Termination of Tenancy for No -Fault Just Cause .................... 6 1. Tenant Right to Return to Unit for Two Years................................................................. 6 2. Owner Notice to Tenant of Offer to Return..................................................................... 6 11 Page Tenant Protection Regulations April 20, 2023 Page 199 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 3. Industry Screening Methods............................................................................................ 7 4. Failure of Tenant to Accept Offer.................................................................................... 7 Appendices...................................................................................................................................... 8 Appendix A Tenant Protection Ordinance Flow Chart (Guide Only) ........................................... i Appendix B Required Notice of Applicable Law for Properties EXEMPT FROM CVMC 9.65 Section 9.65.040(C)(2)j..............................................................................................................ii Appendix C Required Notice of Tenant Protections for Properties SUBJECT TO CVMC 9.65 Section 9.65.060(D)].................................................................................................................iv Appendix D Mandatory Owner Notice to City Upon Residential Rental Complex No Fault Just CauseTermination of Tenancy.....................................................................................................v Appendix E VoluntaryTenant Information Upon Residential Rental Complex Notice of No -Fault Just Cause Termination of Tenancy............................................................................................vi 21 Page Tenant Protection Regulations April 20, 2023 Page 200 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 0 20 Promulgation of Administrative Regulations A. Purpose of Administrative Regulations In accordance with Chula Vista Municipal Code ("CVMC") 9.65.020, these Administrative Regulations (the "Regulations") are intended to clarify and facilitate implementation of Chapter 9.65. B. Organization of Administrative Regulations The section numbers of these Regulations correspond to the sections in CVMC 9.65. For example, Regulations section 070 below is intended to clarify or facilitate implementation of one or more provisions of CVMC 9.65.070. 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. D. Capitalized Terms Capitalized terms used herein shall have the same definitions provided in Chapter 9.65 except as otherwise provided. E. Effective Date of Administrative Regulations These Regulations, and any amendments thereto, are effective and enforceable in accordance with Chapter 9.65 thirty days after the date of publication of these Regulations on the City's website. The Regulations and any amendments will be published at the following location: www.chulavistaca.eov/landlordtenant. F. Summarized Guide for CVMC 9.65 Requirements The Tenant Protection Ordinance requirements are summarized in Appendix A, which is intended to be a guide only. G. Questions Regarding Administrative Regulations Users are encouraged to seek their own legal counsel to aid in understanding the requirements of these Regulations and CVMC 9.65. For any general questions regarding the Regulations, you may call (619) 691-5047 or visit www.chulavistaca.eov/landlordtenant for Frequently Asked Questions (FAQs). H. Notification of Updates Individuals who wish to receive notifications related to the Ordinance and Regulations may sign up for the Tenant Protection Ordinance listsery at: www.chulavistaca.eov/landlordtenant. 3 1 P a g e Tenant Protection Regulations April 20, 2023 Page 201 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 030 Definitions A. Family Member. For purposes of CVMC 9.65.030, the term "children" in the definition of "Family Member" means all legal children of the residential unit Owner, including step children and adopted children. B. Substantial remodel. For purposes of Chapter 9.65, the City may rely on the City Building Official's determination regarding compliance with the required criteria described in CVMC 9.65.030. 040 Residential Tenancies Not Subject to CVMC 9.65 A. Notice of Tenancy Exempt from CVMC 9.65 CVMC 9.65.040(C)(2) requires an Owner to provide notice to certain tenants whose tenancies are exempt from Chapter 9.65. In accordance with Civil Code section 1632, if the rental lease or agreement is negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, a translation of the CVMC 9.65.020(C)(2) notice must be provided in the same language in which the lease or agreement was negotiated. B. Form of Notice The form attached as Appendix B (provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) complies with the requirements of CVMC 9.65.040(C)(2) and may be used by Owners. A substantially equivalent form may also be used. 060 Just Cause Required for Termination of Tenancy A. Notice of Tenancy Protected by CVMC 9.65 CVMC 9.65.060(D) requires an Owner to provide notice to certain tenants whose tenancies are protected by Chapter 9.65. In accordance with Civil Code section 1632, if the rental lease or agreement is negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, a translation of the CVMC 9.65.020(D) notice must be provided in the same language in which the lease or agreement was negotiated. B. Form of Notice The form attached as Appendix C (provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean) complies with the requirements of 9.65.060(D) and may be used by Owners. A substantially equivalent form may also be used. 41 Page Tenant Protection Regulations April 20, 2023 Page 202 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 070 Requirements Upon Termination of Tenancy A. Owner Notice to City Regarding Termination 1. Notice Not Required Owners are not required to notify City of At-Faultlust Cause terminations. 2. Notice Required In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required to notify City of No -Fault Just Cause terminations (intent to occupy by Owner or Family Member, compliance with a government or court Order, withdrawal from the rental market, substantial remodel or complete demolition) within 3 business days of such notice being served to the tenant. This mandatory information is intended to be used by the City in assessing available resources and for data collection purposes to track no-fault terminations of tenancy in the City. B. Content of Notice A CVMC 9.65.070(B) notice by Owner to City of a No -Fault Just Cause termination must contain the following information: Property Address; Owner name, phone and email; Number of total units within complex; Number of units vacant at time of noticing; Number of termination notices issued; Contracted rent at time of notice, for all terminated tenancies; and Copy of all termination notices. C. Form of Notice The form attached as Appendix D complies with the requirements of CVMC 9.65.070(6) and may be used by Owners. A substantially equivalent form may also be used. D. Delivery of Notice Notice must be delivered to the City within three business days of the date the termination notice was issued to the Tenant. Such notice shall be provided via the methods identified in the table below. Confirmation of delivery will be provided by City to Owner as noted in the table. In all cases, Owner is advised to retain a copy of such notice as proof of delivery. 5 1 Page Tenant Protection Regulations April 20, 2023 Page 203 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda No -Fault Termination of Delivery Confirmation FormatsAcceptable Tenancy Delivery Hand delivery to City at: Hand stamped & signed copy of delivery packet. City of Chula Vista Housing & Homeless Services 276 Fourth Avenue Chula Vista, CA 91910 Web based form found at Email confirmation generated by form. www.chulavistaca.gov/landlordtenant USPS Certified Mail to: USPS Certified Mail Confirmation Receipt. City of Chula Vista Housing & Homeless Services 276 Fourth Avenue Chula Vista, CA 91910 E. Tenant Information to City Upon receipt of a termination of tenancy notice from an Owner, the City may mail a "Tenant Information Inquiry", Appendix E, to the Tenant. The Tenant Information Inquiry is not required to be completed by Tenant. Any information voluntarily provided by Tenant is intended to be used by City to prescreen the Tenant for possible housing program eligibility or other available resources. F. Right of First Return Upon Termination of Tenancy for No -Fault Just Cause 1. Tenant Right to Return to Unit for Two Years Tenants who indicated a desire to consider an offer to renew the tenancy shall have the right to return to the unit that then were terminated from if the Residential Rental Unit in a Residential Rental Complex they were terminated from is offered for rent or lease for residential purposes within two (2) years of the date the Tenancy was terminated. The Tenant must notify the Owner of their intent to accept an offer to rent or lease the Residential Rental Unit within 14 days of their receipt of the offer, and must enter into a new rental agreement or lease for the Residential Rental Unit within 45 days of their receipt of the offer. 2. Owner Notice to Tenant of Offer to Return In accordance with 9.65.070(C)(5), an Owner shall first offer the Residential Rental Unit for rent or lease to the Tenant displaced from that unit by the No -Fault Just Cause termination if the Tenant advised the Owner of their prior desire to consider an offer to renew the Tenancy and provided a place to direct such offer. Such notice must inform the 61 Page Tenant Protection Regulations April 20, 2023 Page 204 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Tenant that: (1) the Tenant must notify the Owner of their intent to accept the offer within 14 days of their receipt of the offer; and (2) if the Tenant intends to accept the offer, the Tenant must enter into a new rental agreement or lease for the Residential Rental Unit within 45 days of their receipt of the offer. 3. Industry Screening Methods In accordance with 9.65.070(C)(5), the Owner shall have the right to screen the Tenant using industry accepted methods and shall communicate such minimum screening criteria in the offer for the new Tenancy. Such accepted screening criteria may include proof of identity, verification of employment and income, a review an applicant's rental history, credit history, and criminal background, and shall be consistent with screening criteria required for all other market rate units offered for rent by Owner. 4. Failure of Tenant to Accept Offer If the Tenant has failed to accept the Owner's offer to return or has failed to enter into a new rental agreement or lease for the offered unit within 45 days of the date of the offer, the Owner may consider the offer rejected. 7 1 P a g e Tenant Protection Regulations April 20, 2023 Page 205 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Tenant Protection , has on the Homeless,, Elderly, and Chula Vista's Community as . whole. W10-11 i •. as a Counci.] 06/27/23 V3) Page 1 of 15 Page 206 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Contents: Previous Council's Action:. 4 5,000.00 Daily Fines Devastates Renters: . 4 Clauses Which Need Immediate Attention: . 5 Tenant Protection Ordinance'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: . . 10 The Meer Threat of a $5,000.00 Daily Fine Reeks Havoc on Renters: . I 1 More Efficient Way To Differentiate Conscientious Owners and/or Tenants From "Bad Actors": . 11 How "The Tenant Protection Ordinance" Effects Our Tenants: 12 Regarding The Homeless Bridge Shelter: 13 City Staff Supplied Supporting Data With Conclusion: 14 Page 2 of 15 Page 207 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda This updated communication is a continuation of our efforts to inform you of... 1) The disastrous side effects the "Tenant Protection Ordinance" 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 proposal for a means to correct the situation. If you feel I am inaccurate with these conclusions please immediately call or E-mail so we can find some common ground to solve this problems outlined 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 Ordinance". 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: 1) Chapter 9.65 of the Chula Vista Municipal Code Ordinance 3 527 (commonly known as The Tenant Protection Ordinance") Page 3 of 15 Page 208 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 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 Ordinance" because she predicted the Ordinance would force massive rent increases on our community. The Ordinance 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. 15,000.00 Daily Fines Devastates Renters: The draconian $5,000.00 fines The City Council has authorized City Staff to levy on unsuspecting Owners Page 4 of 15 Page 209 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 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 Ordinance" 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 i, f 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) Clause 9.65.08002 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 Page 5 of 15 Page 210 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda is not ed that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued." 417MI. 1. `11_x__ _ _ _' _ .1 • I Film Wn, rip, In my conversations with Staff, I was informed that the problems created by the glitches and poor wording of the "Tenant Protection Ordinance" 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 Ordinance" created several areas within the "Administrative Regulations" which directly contradict the "Tenant Protection Ordinance". One Example: Page 6 Section E of the Administrative Regulations" states: "The Tenant Information Inquiry is not required to be completed by Tenant." This regulation is a direct contradiction to Clause 9.65.060E of the "Tenant Protection Ordinance" which plainly states: "fawners and Tenants shall provide City with information regarding termination of Page 6 of 15 Page 211 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Tenancies at such time(s) and with such details as shall be required by city in the attendant Administration Regulations." Some legal experts maintain this is a contradiction because this clause in the Ordinance would not have included the word "Tenants" if Council did not desire information to be gathered from Landlords Tenants. 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". ISI 11 . 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: Page 7 of 15 Page 212 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 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 Ordinance. Mobil Home Park residents are informed the funds are used to pay 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. Page 8 of 15 Page 213 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Point Two: If staff had no desire to levy fines for inadvertent errors they would have not purposely inserted the five words underlined below. Clause 9.65.080C2: "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 it is not rewired 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 words 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 in 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 laws. Staff should realize the purpose of the "Tenant Protection Ordinance" is to PROTECT Tenants and NOT make staff's job easier by indirectly forcing owners to drastically raise rents. Page 9 of 15 Page 214 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Point Three: Staff continues to maintain that enforcement will be concentrated on "Bad Actors" with no efforts to levy fines on Good Intention Owners and/or Tenants. However 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 levy fines on well meaning Owners and/or Tenants who make simple paper work errors. To i i Although there are additional clauses within in the Tenant Protection Ordinance" 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. Page 10 of 15 Page 215 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda The Meer Threat of a J5,000.00 Dam Fine Reeks Havoc on Renters: 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 fines for Owners and/or 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 the possibility of future fines. More Efficient Way To Differentiate Conscientious Owners and/or Tenants From "Bad Actors": The most efficient way to enforce "Tenant Protection Ordinance" is to simply warn unsuspecting Owners and/or Tenants when they are in violation of the Ordinance. This can be accomplished by simply removing the following underlined words of Clause 9.65.080C2: "... When a violation occurs it is not reauired„ that a warning or notice to cure must first be given before an administrative citation 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 Page 11 of 15 Page 216 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda find a way to circumvent the law. This simplifies the process of identifying and levying fines against "Bad Actors". Hove "The Tenant Protection Ordinance" Effects Our Tenants: On a personal note: In my fifty years as a Chula Vista Property Owner and Landlord, I have consistently attempted to be a good steward of my responsibility to provide a beautiful comfortable home for tenants at a very 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 $25.00 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 passage 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 Page 12 of 15 Page 217 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conclusion: 10) 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 Housing and Urban Development SmallAreaFairMarketRent (April 2022) Efficient 1 2 3 Y Bedroom Bedroom Bedroom Bedroom 1.550 $2.010 $2,620 $3,640 54,450 Exhibit 1,430 $1,580 $2,030 $2,820 $3,450 Comparison of SUMey Data vs, SAF%IR 1,440 S1.F00 52,050 52.850 $3,450 s44w 2,110 $2,340 $3,000 $4,170 55,100 53-5w 53.x;7 S_=32 S?,3o0$2,Si0 S3 350 Brom i 7:- 54,65D $5,700 SLyao 57F.i6='-. 3fi4 52.360 $2,610 $33,350 soma Si,483 4,650 $5,700 sLsm i. .- j'.IU S? 373 797ti_i. _ :5 sno 5a b2o- ;1,802 2,311 $3,210 5;.9_>7: ao r Page 15 of 15 Page 218 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Planning Commission Appeal: Certification of Mitigated Negative Declaration (IS21-0006) and Approval of a Design Review for a 178,156-Square-Foot Industrial Building for Office and Warehouse Uses on a Vacant 9.72-Acre Site Located at 517 Shinohara Lane Report Number: 23-0241 Location: 517 Shinohara Lane Department: Development Services Environmental Notice: A Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program (“MMRP”) (IS21-0006) has been prepared. Recommended Action Conduct a public hearing and adopt resolutions: A) denying the appeal filed by Golden State Environmental Justice Alliance, and B) affirming the Planning Commission’s certification of Mitigated Negative Declaration (IS21-0006) and approving Design Review Permit DR21-0032 to construct a 178,156 square-foot office/warehouse building. SUMMARY On December 20, 2021, VWP-OP Shinohara Owner, LLC (“Applicant”) submitted a Design Review application for the construction of a 178,156-square foot office/warehouse building on a vacant 9.72-acre lot located at 517 Shinohara Lane (Attachment 1), known as the Shinohara Industrial Center. The Project site is zoned ILP and designated Limited Industrial (“IL") in the General Plan. In accordance with the Chula Vista Municipal Code (“CVMC”) Section 19.14.582, plans for the establishment, location, expansion, or alteration of nonresidential structures in commercial and industrial zones require Design Review approval by the Planning Commission. As part of the preparation of the Project for the Planning Commission’s consideration, a Mitigated Negative Declaration (“MND”) was prepared which analyzed the environmental impacts of the Project. On June 28, 2023, the Planning Commission considered the Project, certified the MND, and approved the Project by a vote of 4-0 (Attachment 2). A total of four speakers submitted speaker slips at the Planning Page 219 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 Commission hearing. The staff report and associated attachments from the Planning Commission hearing are provided as Attachment 3 to this report. On July 12, 2023, Golden State Environmental Justice Alliance (the “Appellant”) filed an appeal (Attachment 6) of the Planning Commission’s decision to the City Council based on the assertion that the MND was insufficient to adequately address the environmental impacts of the Project. The Appellant cites “Findings Not Supported” as the basis of the appeal. Specifically, the appeal claims “the City violated provisions of the California Environmental Quality Act (“CEQA”) requiring that an Environmental Impact Report (“EIR”) be prepared to adequately analyze significant adverse environmental impacts.” The appeal further states, “The level of review adopted by the City was insufficient and therefore did not allow decision makers to intelligently consider the environmental consequences of the Project.” The Appellant asserts a full EIR should have been prepared for the Project instead of an MND. The Appellant alleges four main areas of the MND’s deficiency to substantiate their claim: 1. The Project is being “piecemealed” since the same developer is processing a separate pro ject near the Project site. 2. The MND is deficient in properly studying the Environmental Justice impacts related to: a. Air Quality b. Energy c. Greenhouse Gas Emissions 3. The MND did not adequately study the impact of the Project’s workforce against regional growth forecasts as provided by the San Diego Association of Governments (“SANDAG”). 4. The MND’s Transportation analysis is flawed based upon the VMT analysis used as well as the geometric design of the Project site. This item is now presented to the City Council for consideration and action. While this is an appeal of the Planning Commission’s June 28, 2023 vote, City Council should take into full consideration the deliberations and decision of the Planning Commission. Under CVMC Section 19.14.588(B), the City Council has the authority to consider the Project, in its entirety, and make a de novo determination based upon appropriate findings. Staff has reviewed and recommends approval of the Project due to several factors, including that the proposed use is consistent within the ILP Zone, and is compatible with existing and surrounding land uses and zoning. Additionally, it is in compliance with current Development Standards and would not result in a conflict with applicable plans, policies, or programs relating to the CVMC or General Plan. More specifically, the proposed use is allowed at this location and complies with the General Plan policy by adding industrial uses to the City of Chula Vista. Additional industrial uses will attract industries and businesses that contribute to the diversification and stabilization of the local economy. Therefore, it is staff’s recommendation that the appeal be denied, and the decision of the Planning Commission be upheld. Furthermore, while the Council’s review on appeal is de novo, this staff report is focused on the issues contained within the appeal and staff’s analysis of the appeal items, which includes detailed responses to the appeal issues that were prepared by the Applicant and reviewed by staff (Attachment 7). The MND was Page 220 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 certified by the Planning Commission on June 28, 2023, and further discussions of the document will not add to or cause for a revision of the CEQA document unless the appeal is upheld, and the Planning Commission’s decision is overturned. The appeal focuses on the environmental review process, the adequacy of the technical studies provided, and ultimately the determination of the environmental review which are all addressed within this report and the Applicant-provided responses to the appeal issues (Attachment 7). As a result, the information provided by staff will address the appeal and any new information is included as a response to the appeal and not as a revision or update to the Project MND. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the Project for compliance with CEQA and has conducted an Initial Study, IS21-0006, in accordance with CEQA. Based upon the results of the Initial Study, the Director of Development Services has determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; therefore, the Director o f Development Services has caused the preparation of MND No. IS21-0006, and associated Mitigation Monitoring and Reporting Program (“MMRP”) (Attachment 3a). The Project MND was circulated for public review on two separate occasions. The first public review period was from August 22, 2022 to September 22, 2022. The MND was then revised and re-circulated. The second public review period was from January 27, 2023 to February 27, 2023. Both review periods were for 30 days, exceeding the minimum 20-day review period for this type of MND required under CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On June 28, 2023, the Planning Commission voted 4-0 to certify the MND and approve the Project. Draft meeting minutes are provided as Attachment 2. DISCUSSION The 9.72-acre Project site is an existing, vacant parcel at the terminus of Shinohara Lane, west of Brandywine Avenue and north of Main Street, address of 517 Shinohara Lane (the “Project Site”, see Attachment 1). Residential uses are located north and west of the Project Site and industrial uses to the east and south. The Project Site’s topography presents with a challenging set of circumstances. Due to the grade differential between adjacent properties and the Project Site, the Project will be constructed 42 feet above street level and will include retaining walls up to 50 feet in height along each property boundary. The grade difference(s) between the residential properties to the north of the Project Site set the proposed building below the line of sight for those properties but above the elevation of the residential properties to the west. In addition, the entryway along Shinohara Lane will include a retaining wall to accommodate the grade differential between the proposed building pad and Shinohara Lane. An elevator at the southeastern corner of the site will allow pedestrian and accessible access onto the site from Shinohara Lane while vehicles will access the site via a sloped driveway from the Shinohara Lane terminus. The proposed Project is a single-story, tilt-up concrete industrial building for warehousing and office uses. Proposed occupants would operate for 24 hours per day, seven (7) days per week, with three (3) varying shifts comprised of approximately 200 employees. The 178,156 square foot building is comprised of 173,432 Page 221 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 square feet of warehouse space (inclusive of 4,506 square feet for office space) with an additional 4,724 square feet of optional mezzanine space. Other improvements include 64,130 square feet of landscaping, and two (2) separate trash enclosures. In compliance with CEQA, the MND for the Project was originally circulated for public comment from August 22, 2022 to September 22, 2022. During the first circulation of the MND it was discovered that an analysis of a technical study (Vapor Intrusion) was inadvertently substituted for the actual technical study itself. Therefore, the City decided to properly re-circulate the complete MND for public review but to enhance and amend the MND to address comments received during the first circulation. The second public review period was from January 27, 2023 to February 27, 2023. Both review periods were for 30 days, exceeding the minimum 20-day review period for this type of MND required under CEQA. On July 12, 2023, the Appellant filed an appeal, raising several issues. Detailed responses to the appeal issues are provided in Attachment 7. APPELLANT’S APPEAL ISSUES Findings Not Supported The basis of the appeal is the assertion that the Project requires an EIR instead of an MND to adequately review and analyze the environmental impacts. The Appellant believes the Project’s MND does not disclose all feasible mitigation measures to reduce the impacts to less than significant. Specifically, the Appellant cites the following bases for appeal: Piecemealing CEQA Section 15165 prohibits a Lead Agency (the City), from separately approving multiple, or phased, projects where, taken in their totality, the collective projects create a significant impact on the environment. While one project alone may not impact the environment, several projects when looked at collectively may do so. In those cases, the Lead Agency is compelled to prepare individual EIRs for the separate projects, or a programmatic EIR for the collective projects. Accordingly, the Appellant is asserting the City should have had an EIR prepared given the same development team is processing a separate project approximately one mile from the Shinohara Industrial Center Project site. The Appellant sees the approval of both projects as one action, where the “construction and operation of all related industrial buildings as a whole” should be addressed through an EIR. Appellant’s claims on this issue are incorrect. CEQA Guidelines Section 15165 clearly states that if there are phases to a project, and the individual phases are merely individual parts of a larger project, then the larger project should have an EIR prepared. Section 15165 goes further and states that where one project is the “necessary precedent” to a later project, or if the project commits the lead agency to a larger project down the road, then an EIR should be prepared. Additionally, Section 15165 states that where one project is one of many projects, but the projects are not part of a larger project, then the lead agency may have an EIR prepared. However, this last example has a caveat: where the lead agency does not have an EIR prepared, then the cumulative effects of the different projects must be addressed. For the Project, just because the Applicant team’s other project is located near the Project site, does not make the two distinct projects, one larger project. The City is not compelled to approve the Applicant team’s next Page 222 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 5 project just because they approved this Project. The two projects do not rely on one another and are designed to function wholly independent from one another. (See Banning Ranch Conservancy v. City of Newport Beach (2012) 211 Cal. App. 4th 1209, 1223-1226; Aptos Council v. County of Santa Cruz (2017) 10 Cal. App. 5th 266, 281-282). Additionally, the Applicant included their other project (Nirvana Business Park) in the cumulative impacts section of the re-circulated MND (Attachment 3a, p. 127-128). Therefore, due to both CEQA regulations, and case law, there is no piecemealing with the approval of the Project. MND Deficiencies – Environmental Justice Impacts The appeal further asserts the MND is deficient in studying the cumulative environmental impacts of the Project related to Environmental Justice. Specifically, the Appellant asserts the original MND is deficient in studying the impacts of Air Quality, Energy, and Greenhouse Gas Emissions on the community given the census tract of the Project indicates particularly vulnerable populations. Appellant’s claims on this issue are incorrect. All of these matters were addressed in Sections VI and VIII, and Appendices A and C, of the re-circulated MND. As stated on page 48 of the recirculated MND, “the project would qualify for the first tier of the CalEEMod Health and Equity Evaluation Scorecard, the Acorn equity award level” based on actions and environmental review analyses for the Project. The complete list of health and equity measures to be implemented regarding the Project can be found in the CalEEMod output in Appendix A of the Air Quality, Greenhouse Gas, and Health Risk Impact Study, which is Appendix C to the Recirculated MND. Additionally, the Applicant has provided responses, which were reviewed by staff to these specific appeal assertions and are included as Attachment 7. Therefore, all of the raised objections related to Environmental Justice were properly addressed in the re-circulated MND properly fulfilling the requirements of CEQA. Regional Workforce Growth Projections The appeal’s third basis is related to the regional workforce growth modeling utilized by the Applicant. The Appellant wrongly asserts the projections are incorrect and inadequate to address the impacts of the Project and as such, a full EIR should be prepared to adequately study them. Specifically, the appeal incorrectly asserts the job forecast for the Project represents 1.5% of the City’s projected growth forecast from 2016- 2050. The Appellant feels an EIR would better study the cumulative impacts of such a large portion o f the workforce being provided by only one project. The Appellant goes on to assert the workforce needed to fulfill the jobs at the Project site will increase Vehicle Miles Traveled (“VMT”) and the original MND did not adequately analyze the operational impacts generating a higher VMT baseline average. As provided in the re-circulated MND, the projection of employees for the Project is indicated as 350 on the high end, not 600 as the Appellant asserts. The Project may not need as many as 350 jobs to properly operate once a tenant is secured for the site. Nonetheless, the 350 figure represents only .832% of the projected growth over the next 34 years and is speculative. The expected number of employees is based upon input from experts in the industrial properties leasing field. Additionally, by utilizing maps provided by SANDAG for VMT data and VMT Employee Screening, the re-circulated MND determined no significant impacts related to VMT exist relating to the Project. Therefore, the issues raised in the appeal related to growth projections and VMT are adequately addressed in the re-circulated MND and MMRP. Page 223 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 6 Transportation Analysis is Flawed Finally, the appeal incorrectly asserts that the MND does not adequately study the VMT impacts as set forth in the City’s own Transportation Study Guidelines. The City’s guidelines state that absent substantial evidence to the contrary, a project will be presumed to have a less than significant impact if it is located in a VMT-efficient area. A VMT-efficient area is one where the average projected VMT is at or below the baseline regional average for the census tract in which it is located. The appeal asserts the MND was deficient in claiming the project is in a VMT-efficient zone and does not adequately reflect the number of trips associated with the associated truck traffic to and from the Project site. The appeal also asserts that VMT will be negatively impacted by requiring employees to travel long distances to work at the site. Finally, the appeal asserts the geometric design of the Project site does not adequately provide for adequate room for large trucks to maneuver safely throughout the site. As stated in the responses to the appeal provided by the Applicant (Attachment 7), the Applicant is marketing the Project site to San Diego-based industries and businesses that would “primarily serve businesses and operations located in the nearby NASSCO shipyards,” not to businesses located in more distant areas such as “Los Angeles, Long Beach, and the Victorville Inland Port Airport” as claimed in the appeal. The appeal responses go further in stating that pursuant to CEQA Section 15064.3, the vehicle trips to be studied in VMT analyses for environmental documents are to be those trips generated by automobile traffic and not heavy trucks servicing the Project site. The site was analyzed for the worst-case scenario and did not generate a significant traffic impact based on the VMT analysis. Truck traffic was further conditioned to adhere to the designated truck route areas to avoid overlap through residential communities. Additionally, CEQA does not expect lead agencies to engage in speculation as to where employees will ultimately come from to work at the site. The expectation of the Applicant is that the workforce will primarily come from the surrounding Chula Vista and South Bay communities. The appeal responses address how the above assumptions have informed the 15.32 VMT figure cited in the re-circulated MND and how it is below the VMT-efficiency threshold of 18.9. The Project was reviewed by civil engineers as well as the Chula Vista Fire Department, and all turning ratios for truck traffic throughout the Project site must meet City standards. Therefore, the re-circulated MND adequately addresses the issues raised in the appeal related to Transportation. Basis for Staff’s Recommendation In accordance with CEQA, if a project is not exempt from the requirements of CEQA, the lead agency will conduct an Initial Study to determine whether the project may have a significant effect on the environment. A lead agency for a project has the authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the “nexus” and “rough proportionality” standards established by case law (Nollan v. California Coastal Commission (1987) 483 U.S. 825, Dolan v. City of Tigard, (1994) 512 U.S. 374, Ehrlich v. City of Culver City, (1996) 12 Cal. 4th 854). Further, prior to approving a project, the decision-making body of the lead agency shall consider the proposed Mitigated Negative Declaration together with any comments received during the public review process. The decision-making body shall adopt the proposed Mitigated Negative Declaration only if it finds on the basis of the whole record before it (including the Initial Study and comments received) that there is Page 224 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 7 no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or Mitigated Negative Declaration reflects the lead agency’s independent judgement and analysis. The results of the originally circulated MND, as well as those of the re-circulated MND, demonstrate there are no significant impacts to the environment created by the proposed Project in the categories of agriculture, air quality, greenhouse gas emissions, noise, energy, paleontology, biology, cultural resources, housing, mineral resources, and population. Both MNDs identified less than significant impacts in the categories of aesthetics, air quality, biology, cultural resources, energy, geology, greenhouse gases, hazardous materials, hydrology, land use, noise, public services, public services, recreation, transportation, tribal and cultural resources, utilities and service systems and wildfire. Staff analyzed both MNDs and determined the Applicant met the requirements of CEQA Section 21004 by creating an MMRP which is designed to mitigate identified impacts to less than significant effects on the environment. A limited amount of noise and dust is to be expected in association with construction activities ; however, the mitigation measures, the Project’s conditions of approval, and the City’s performance standards offset and mitigate for such impacts. Therefore, there are no significant impacts resulting from the Project. The proposed use meets the requirements of the CVMC as well as requirements of CEQA. CEQA Section 15064(f)(2) states: If the lead agency determines there is substantial evidence in the record that the project may have a significant effect on the environment but the lead agency determines that revisions in the project plans or proposals made by, or agreed to by, the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur and there is no substantial evidence in light of the whole record before the public agency that the project, as revised, may have a significant effect on the environment then a mitigated negative declaration shall be prepared. The Project Site is privately owned and proposes an allowed use within the ILP zone. The Project provides an industrial development that will revitalize a vacant lot and enhance the local economy with up to 350 permanent jobs for residents of Chula Vista and the surrounding region. The Project is consistent with the vision of the General Plan in continuing to develop industrial land in order to provide a stable economic base. The increased supply of land for non-retail employment promotes economic development that fosters job availability, economic revitalization and tax revenues. The Project Site is easily accessible to the 805 freeway to the west and nearby major thoroughfares such as Main Street to the south. Concerns regarding proximity to residential use are mitigated by the fact that there is an approximate 50-foot setback with a grade differential between the Project Site and the residential properties. The residential properties are located at a grade below the Project to the west and above the Project grade to the North. Additionally, the Project Site will include a 6-foot screening wall around the western perimeter of the property. Further, the Project is consistent with the applicable design standards for building, facade and roof articulation; materials and colors; landscaping; and trash enclosures & recycling. Page 225 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 8 Conclusion In conclusion, city staff has determined that (1) the Applicant has met or exceeded the analysis burdens of CEQA with no unmitigated environmental impacts identified in the re-circulated MND and MMRP, (2) there is substantial evidence in the record that the Project meets the findings for issuance of a Design Review Permit and MMRP, with legally appropriate concerns addressed through conditions on the Project, and (3) the Project design is consistent with City design standards. Staff recommends the City Council deny the Appellant’s appeal and affirm the Planning Commission’s certification of the MND (IS21-0006) and approval of Design Review Permit DR21-0032 to construct a one- story, 178,156 square-foot industrial building on a vacant 9.72-acre lot located at 517 Shinohara Lane. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The appeal fee of $250 was paid by the Appellant and the processing of the appeal to City Council, and processing costs associated with the Project are borne by the Applicant. There are no current-year fiscal impacts to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. All processing costs are paid by the applicant. ATTACHMENTS 1. Locator Map 2. Draft Planning Commission Minutes 3. Planning Commission Report a. MND, MMRP, and Technical Studies b. Project Plans 4. MND Planning Commission Resolution 5. Design Review Planning Commission Resolution 6. Appeal, dated 7/12/23 and Written Communication Received from Appellant, dated 7/12/23 7. Responses to Appeal Issues 8. Disclosure Statement from Applicant, dated 11/24/21 Page 226 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 9 Staff Contacts: Oscar Romero, Senior Planner, Development Services D. Todd Philips, Planning Manager, Development Services Laura C. Black, AICP, Director of Development Services Page 227 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution A 1 RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING THE APPEAL FILED BY THE GOLDEN STATE ENVIRONMENTAL JUSTICE ALLIANCE FOR THE SHINOHARA BUSINESS CENTER PROJECT TO CONSTRUCT A 178,156-SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A VACANT 9.72- ACRE SITE LOCATED AT 517 SHINOHARA LANE WHEREAS VWP-OP Shinohara Owner, LLC (“Applicant”) submitted an application for Design Review (“DR”) of the Shinohara Business Center (“Project”); and WHEREAS the Director of Development Services reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur; and WHEREAS, the Director of Development Services had caused the preparation of a Final Mitigated Negative Declaration (“Final MND”), IS21-0006, including all technical appendices and the responses to comments to the Final MND, and an associated draft Mitigation, Monitoring, and Reporting Program (“MMRP”); and WHEREAS the Director of Development Services set the time and place for a hearing before the City Planning Commission on the Final MND, the MMRP, and the DR Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS the duly called and noticed public hearing on the Final MND, the MMRP, and the DR Permit for the Project was held before the Planning Commission of the City of Chula Vista on June 28, 2023, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staff’s presentation; and WHEREAS the Planning Commission on June 28, 2023, reviewed the Project for compliance with CEQA and certified the Final MND and MMRP, and approved the DR permit; and WHEREAS on July 12, 2023, the Golden State Environmental Justice Alliance filed an appeal of the Planning Commission’s decisions to certify the Final MND and MMRP, and to approve DR Permit (DR21-0032); and WHEREAS, the Project applicant has prepared, and City staff has reviewed and approved, detailed responses to each appeal issue raised in this matter, which responses are included as Attachment 7 to the Staff Report for the City Council hearing on the Project; and Page 228 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution No. ________ Page 2 2 WHEREAS the City Clerk set the time and place for the public hearing before the City Council on the appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to propert y owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS City staff recommends denial of the appeal filed regarding the Planning Commission’s certification and approvals of the Final MND, the MMRP, and the DR Permit for the Project; and WHEREAS the Chula Vista City Council has reviewed and considered all such materials for the appeal filed regarding the Planning Commission’s certification and approvals for the Final MND, the MMRP, and the DR Permit for the Project, as well as the staff report and all attachments for the hearing on the appeal; and WHEREAS the City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely September 12, 2023, at 5:00 p.m., in the City Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that under the provisions of Chula Vista Municipal Code (“CVMC”) Section 19.14.588, the appeal that is the subject of this resolution is hereby denied, with findings as follows: I. CITY COUNCIL RECORD That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the staff report for the hearing on the appeal regarding the Project (including all attachments and responses to the appeal issues raised), and the City Planning Commission’s determination and certification for the Final MND, MMRP, and Design Review Permit for the Project and adopts the determination and all evidence introduced before the Planning Commission and the City Council at the public hearings on the Project, and the resolution(s) resulting therefrom (including but not limited to the City Council’s September 12, 2023, Resolution No. ______), and which are hereby incorporated into the record of proceedings pursuant to Public Resources Code Section 21167.6 and prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. II. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Planning Commission contained in resolution(s) for the Project, which are attached hereto and incorporated herein by this reference, as if said findings were their own. Page 229 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution No. ________ Page 3 3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the appeal that is the subject of this resolution is DENIED. Submitted by: Approved as to form by: _________________________ __________________________ Laura C. Black, AICP Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 230 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution B 1 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE PLANNING COMMISSION’S CERTIFICATION OF THE FINAL MITIGATED NEGATIVE DECLARATION WITH MITIGATION MONITORING AND REPORTING PROGRAM (IS21-0006; SCH NO. 2022080431) FOR THE SHINOHARA BUSINESS CENTER PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND APPROVING THE DESIGN REVIEW PERMIT (DR21-0032) FOR A 178,156-SQUARE FOOT OFFICE/WAREHOUSE BUILDING ON A 9.72-ACRE SITE LOCATED AT 517 SHINOHARA LANE WHEREAS, VWP-OP Shinohara Owner, LLC (“Applicant” and “Property Owner”) submitted an application for Design Review (“DR”) of the Shinohara Business Center (“Project”); and WHEREAS, the Director of Development Services reviewed the Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project could result in significant effects on the environment. However, revisions to the Project made by or agreed to by the Applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur; and WHEREAS, the Director of Development Services had caused the preparation of a Mitigated Negative Declaration (“MND”), IS21-0006, including all technical appendices and the responses to comments to the MND, and an associated draft Mitigation, Monitoring, and Reporting Program (“MMRP”); and WHEREAS, a draft MND with the MMRP was circulated for public review on two separate occasions, the first review period started August 22, 2022, to September 22, 2022. However, due to a missing technical study, an additional 30-day public review period was required to provide the public with all the informational studies analyzed for the project. The MND was updated in response to comments provided during the initial review with additional clarifying information. The recirculation of the Draft MND began January 27, 2023, for a further 30-day public review, and was processed through the State Clearinghouse; and WHEREAS, in consideration of the comments received regarding the Draft MND and requirements of the California Environmental Quality Act (“CEQA”), a Final Mitigated Negative Declaration (“Final IS21-0006” or “Final MND”) was prepared for the Project; and WHEREAS, the Final MND and the MMRP have been prepared by the City, as the Lead Agency, pursuant to the requirements of the CEQA (Public Resources Code Sections 21000 et seq.) and the State CEQA Guidelines (14 Cal Code Regs Sections 15000 et seq.) to address the potential environmental impacts associated with the Project; and Page 231 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 2 WHEREAS, the Final MND addresses all comments and recommendations received on the recirculated Draft MND, a list of all persons, organizations, and public agencies commenting on the recirculated Draft MND, and the City’s responses to all “significant environmental points” raised by the public and any agency comments submitted during the review and consultation process, in accordance with State CEQA Guidelines Section 15074; and WHEREAS, the Director of Development Services set the time and place for a hearing before the City Planning Commission on the MND and DR Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on June 28, 2023, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staff’s presentation; and WHEREAS, the Planning Commission on June 28, 2023, reviewed the Project for compliance with CEQA and certified the Final MND and MMRP, and approved the DR Permit; and WHEREAS, on July 12, 2023, the Golden State Environmental Justice Alliance filed an appeal of the Planning Commission’s decisions to certify the Final MND and to approve the DR Permit (DR21-0032); and WHEREAS, the Project Applicant has prepared, and City staff has reviewed and approved, detailed responses to each appeal issue raised in this matter, which responses are included as Attachment 7 to the staff report for the City Council hearing on the Project; and WHEREAS, the City Clerk set the time and place for the public hearing before the City Council on the appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, City staff recommends certification, approval, and adoption of the Final MND, the MMRP, and the DR Permit for the Project; and WHEREAS, the Chula Vista City Council has reviewed and considered all such materials for the Final MND, the MMRP, and the DR Permit for the Project; and WHEREAS, the City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely September 12, 2023 at 5:00 p.m., in the City Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Planning Commission’s certification of Final MND (IS21- 0006) and the MMRP, and approval of DR Permit DR21-0032 is hereby AFFIRMED, with findings as follows: Page 232 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 3 I. ENVIRONMENTAL REVIEW That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings, considered the staff report for the hearing on the Project (including all attachments), and the City Planning Commission’s determination and certification for the Final MND (IS21-0006) and MMRP and adopts the determination, certification, and all evidence introduced before the Planning Commission at the public hearing on the Final MND (IS21-0006), the MMRP, and the Project, and the resolution(s) resulting therefrom, and which are hereby incorporated into the entire City record of proceedings pursuant to Public Resources Code Section 21167.6 and determines that the Final MND (IS21-0006) and MMRP were prepared in accordance with the requirements of CEQA (Pub. Resources Code, §21000 et seq.), the CEQA Guidelines (California Code Regs. Title 14 §15000 et seq.), and the Environmental Review Procedures of the City of Chula Vista. Furthermore, the City Council of the City of Chula Vista makes the further findings regarding the Final MND (IS21-0006) and the MMRP: 1. The City Council of the City of Chula Vista has reviewed and considered the staff report for the hearing on the Project (including all attachments), the Final MND (IS21- 0006) and the MMRP for the Project, and the record of proceedings in this matter, as the Lead Agency pursuant to CEQA and finds that the Final MND and MMRP are adequate, complete and contain all information required under CEQA and the State CEQA Guidelines. 2. As explained in the Final MND, including in all technical appendices, the responses to comments to the Final MND, and staff report for the hearing on the Project (including all Attachments), the mitigation measures contained in the MMRP for the Project can and will mitigate or avoid all potentially significant environmental impacts resulting from the Project. 3. The City Council of the City of Chula Vista finds that the MMRP establishes a mechanism and procedure for implementing and verifying the implementation of, and compliance with, the adopted mitigation measures for the Project pursuant to Public Resources Code Section 21081.6 and State CEQA Guidelines Sections 15097 and 15126.4, and this City Council approves and adopts the MMRP. The MMRP is approved, adopted, is incorporated into the Project as a condition of approval for the Design Review Permit for the Project, and shall be fully enforceable. 4. The City Council of the City of Chula Vista finds that there is substantial evidence in the entirety of the City record of proceedings for the Project to support the conclusions and findings before this City Council. 5. The City Council of the City of Chula Vista finds that the Final MND (IS21-0006) and the MMRP reflects the independent review and judgment of the City Council and the City. Page 233 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 4 6. The City has provided and will continue to provide the Final MND (IS21-0006) and the MMRP, and other materials for the record of proceedings for the Project, on file with the City at 276 Fourth Avenue, Chula Vista, CA 91910, Development Services, and available for inspection. II. PRESENTATION TO THE DECISION-MAKING BODY Final MND (IS21-0006) and the MMRP were presented to the City Council of the City of Chula Vista as the decision-making body of the Lead Agency, which reviewed and considered the information contained therein and in the entire record of proceedings prior to approving the Project. III. INDEPENDENT JUDGMENT OF THE CITY COUNCIL The City Council of the City of Chula Vista utilized its independent judgment and analysis in reviewing Final MND IS21-0006 and the MMRP for the City as Lead Agency for the Project. IV. NOTICE OF DETERMINATION The Director of Development Services is directed to file a Notice of Determination with the County Clerk of the County of San Diego should the City Council of the City of Chula Vista approve this Project in accordance with State CEQA Guidelines Section 15075. V. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Planning Commission contained in resolution(s) for the Project, which are attached hereto and incorporated herein by this reference, as if said findings were their own. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista, based on the findings above, does hereby approve the Design Review Permit DR21-0032, subject to the following conditions: I. Unless otherwise specified, the following shall be accomplished to the satisfaction of the Director of Development Services or their designee prior to issuance of building permits: Planning 1. The colors and materials specified on the building plans shall be consistent with the colors and materials shown on the site plan and colored building elevations approved by the Planning Commission. 2. A graffiti-resistant treatment shall be specified for all exterior wall and building surfaces. Additionally, the Project shall conform to CVMC Chapter 9.20 regarding graffiti control. Page 234 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 5 3. All roof appurtenances, including air conditioners and other roof-mounted equipment and/or projections, shall be shielded from view and the sound buffered from adjacent properties and streets as required by the Director of Development Services. Such screening shall be architecturally integrated with the building design. 4. All ground-mounted utility appurtenances (transformers, air conditioning condensers, etc.) shall be located out of public view and adequately screened using a combination of concrete or masonry walls, berming, and/or landscaping. 5. All exterior lighting shall include shielding to reduce any glare onto adjacent residences and properties. Details for said lighting shall be included in the architectural plans. 6. A separate sign permit shall be required for any proposed signage on the Project Site, and proposed signage shall be consistent with the provisions of the CVMC. 7. All mitigation measures recommended in Final MND (IS21-0006) and contained in the MMRP are adopted and incorporated into this approval of Design Review Permit DR21- 0032. Prior to issuance of grading and/or building permits, the Applicant shall demonstrate compliance with applicable mitigation measures outlined in the MMRP for Final MND (IS21-0006). 8. Buildings shall be designed to minimize energy consumption, in compliance with California Building Energy Efficiency Standards, Title 24, Parts 6 and 11, and any other applicable State standards or regulations designed to minimize energy consumption. Land Development 9. The Applicant shall construct and maintain the Project Site in accordance with the approved plans, which include the site plans, floor and roof plans, elevations, landscape, civil, and fence and wall plans on file with the Planning Division, and with the conditions contained herein, and shall comply with all requirements and guidelines of the CVMC; the Chula Vista Subdivision Manual; City of Chula Vista Design and Construction Standards; the Development Storm Water Manual for Development and Redevelopment Projects; the Chula Vista Best Management Practices (“BMPs”) Design Manual; the City of Chula Vista Grading Ordinance (No. 1797); and the California Subdivision Map Act. 10. All driveways shall conform to the City of Chula Vista’s sight distance requirements in accordance with CVMC Section 12.12.130 and Chula Vista standard drawing RWY-05 (Sight Distance Requirements). Neither landscaping, street furniture, nor signs shall obstruct the visibility of drivers at street or driveway intersections. 11. Prior to issuance of the grading permit, the Applicant shall vacate the existing street easement cul-de-sac at the terminus of Shinohara Lane. Page 235 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 6 12. Prior to issuance of the grading permit, the Applicant shall grant a public access easement to the City for turnarounds within the Project boundary, to the satisfaction of the City Engineer. 13. Proposed fire access roads shall meet H-20 loading requirements or be designed for a Traffic Index (T.I.) of five (5). 14. Streets or driveways within the Project shall be designated as private. 15. The Applicant shall submit grading plans to the City for review and obtain a Land Development Permit. Plans shall be in conformance with the City’s Subdivision Manual and CVMC requirements. 16. The Applicant shall provide a letter of acceptance from the site that will accept the proposed export material (estimated at 5,000 cubic yards). In addition, a transportation permit is required prior to grading permit issuance for the movement of the material. 17. The proposed depths of cut and fill shall require structural designs for the proposed retaining walls and specific construction recommendations from a soil engineer. 18. Proposed retaining wall construction shall have no impact on the neighboring properties and shall not extend beyond the Project site without written permission from neighboring property owners and/or an easement, to be obtained prior to any construction activities. 19. The Project site shall implement construction BMPs in accordance with the performance standards outlined in Appendix K of the BMP Design Manual. In general, for projects disturbing one (1) acre or more, construction BMPs must be identified in a Storm Water Pollution Prevention Plan (“SWPPP”) and require coverage under and compliance with the Construction General Permit (“CGP”). 20. Permanent storm water requirements, including site design, source control, treatment control, and hydromodification control BMPs, all as shown in the approved Priority Development Project (“PDP”) Storm Water Quality Management Plan (“SWQMP”), shall be incorporated into the Project design and shown on the plans. Sizing calculations and specifications must be provided for each BMP. 21. A complete and accurate Notice-of-Intent (“NOI”) shall be filed with the State Water Resources Control Board (“SWRCB”), and a copy of the acknowledgement from the SWRCB that a NOI has been received shall be filed with the City of Chula Vista upon receipt. Further, a copy of the completed NOI from the SWRCB showing the permit number for this Project shall be filed with the City of Chula Vista when received. 22. The Property Owner shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain all permanent BMPs located within the Project Site prior to issuance of any grading, construction, or building permits, whichever occurs first. Page 236 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 7 23. The Applicant shall submit detailed operation and maintenance (“O&M”) plans for all permanent BMPs as required by the City to preserve the intended pollution control and/or flow control performance of said BMPs. Upon completion of the BMPs/Project, the Applicant shall update/finalize the O&M plan to reflect constructed structural BMPs with as-built plans and baseline photos. 24. Prior to obtaining any building permits for the Project, a minor construction permit is required to perform the following work in the City’s right-of-way: a. Restriping the Brandywine Avenue/Shinohara Lane intersection, including removal of on-street parking on the south side of the roadway to accommodate the restriping; b. Installing a double-yellow center line in Shinohara Lane; c. Installing red curb on both sides of the turnaround easement on Shinohara Lane approaching the Project’s entrance; d. Installing red curb in the turnaround area within the proposed fire access easement; and e. Installing “No Parking/Tow Away” signs at the entrance to the private drive to prevent attempted parking at this location. A complete set of signage and striping plans shall be submitted for review with the street improvement plans, as well as a roadway section of Main Street west of Brandywine Avenue substantiating that an additional lane can be provided through restriping. 25. Prior to issuance of the first tenant improvement, the Applicant shall provide the City with information about the site user, including justification for classifying the use as either a warehousing building or distribution facility, as described in the Local Mobility Analysis (“LMA”), dated July 19, 2022, subject to City concurrence. If no end user is identified, then the required improvements will be those identified for a distribution facility as described in Chapter 12, Section B of the LMA. If the City determines that the end user should be classified as a warehousing building, the Applicant shall provide the following to address the Project’s substantial traffic effects: a. Main Street/Brandywine Avenue: A fair share contribution toward restriping the southbound approach to the intersection to replace the existing southbound through lane with a southbound shared through/right turn lane. b. Brandywine Avenue/Shinohara Lane: Full funding for restriping the eastbound intersection approach to provide one exclusive left turn lane and one exclusive right turn lane. Page 237 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 8 If the City determines that the end user should be classified as a distribution facility, the Applicant shall provide the following to address the Project’s substantial traffic effects: a. Main Street/Brandywine Avenue: A fair share contribution toward restriping the southbound approach to the intersection to replace the existing southbound through lane with a southbound shared through/right turn lane and restripe the eastbound intersection approach to provide one additional eastbound left turn lane, consistent with the conceptual layout contained in LMA Appendix I. b. Brandywine Avenue/Shinohara Lane: Full funding for restriping the eastbound intersection approach to provide one exclusive left turn lane and one exclusive right turn lane. 26. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required as necessary. Utilities trenching and restoration shall be per Chula Vista Construction Standard GSI-03. 27. Any improvements in the right-of-way beyond the Project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 28. The on-site sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 29. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be designed to meet the City of Chula Vista Design Standards, Americans with Disabilities Act (“ADA”) standards, and California Building Code (“CBC”) Title 24 standards as applicable. 30. Any private facilities proposed within the public right-of-way or a City easement shall require an Encroachment Agreement prior to improvement plan or building permit approval. Landscape Architecture 31. Prior to the second submittal of the building permit set, the Applicant shall submit a complete set of landscape improvement plans for review and approval by the Director of Development Services or designee. For further information about submitting landscape improvement plans and to download a Landscape Improvement review packet, see the following link: https://www.chulavistaca.gov/departments/development- services/resources/dsdformsspecifications. Said plans shall conform to the following City documents, including but not limited to: a. Landscape Water Conservation Ordinance (LWCO), CVMC 20.12 b. Chula Vista Landscape Manual c. Shade Tree Policy (576-19) Page 238 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 9 32. Prior to the first submittal of the landscape improvement plans, the Applicant shall verify and coordinate the locations of tree plantings to ensure all planting areas, especially for trees shading parking areas and along the north side of the building, are consistent throughout the Project and various disciplines’ sheets. 33. Prior to the final building inspection, the Property Owner shall have installed landscape improvements and have had said improvements inspected by City staff, per approved landscape improvement plans and to the satisfaction of the Director of Development Services or designee. II. The following ongoing conditions shall apply to the Project Site as long as it relies upon this approval: 34. All truck traffic shall adhere to the designated truck routes as noted in the Chula Vista General Plan and CVMC. Future tenants shall turn south from Shinohara Lane onto Brandywine Avenue to access the nearest Truck Route, Main Street, thereby avoiding residential areas north along Brandywine Avenue. The Applicant shall provide notice to the end user that Project trucks are restricted to City-designated Truck Routes (https://www.chulavistaca.gov/home/showpublisheddocument/2140/63642864452943000 0) and must comply with truck routing provisions in CVMC 10.64. Trucks may not be routed to any roadways that serve the residential communities north of the project site. 35. The Applicant shall maintain the Project in accordance with the approved plans for Design Review Permit DR21-0032, which include a site plan, floor plans, and elevations on file in the Development Services Department. The Project shall also maintain compliance with the conditions contained herein and Title 19 of the CVMC. 36. Approval of this Project shall not waive compliance with any provisions of the CVMC nor any other applicable laws and regulations in effect at the time of building permit issuance. 37. The Applicant and Property Owner shall and do hereby agree to timely and fully indemnify, protect, defend, and hold harmless the City, its City Council me mbers, Planning Commission members, officers, employees, and representatives from and against any and all liabilities, losses, damages, demands, claims, and costs, including any costs and expenses to prepare the administrative record for any challenge to the Project approvals and/or compile a response to a Public Records Act request(s) to provide the record of proceedings materials for the Project, the City’s costs to retain its own defense counsel to defend any challenge to any Project-related approvals, court costs and attorney fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) the City’s certification of the Final MND and the MMRP, and approval and issuance of this Design Review Permit DR21-0006,and (b) the City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein, and the Applicant shall acknowledge their agreement to this provision by executing a copy of this permit where indicated below. The Applicant and Property Page 239 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 10 Owner’s compliance with this provision is an express condition of this permit and shall be binding on any and all of the Applicant/operator’s successors and assigns. 38. The Applicant shall comply with all requirements and guidelines of the City of Chula Vista General Plan, the Chula Vista Landscape Manual, the Chula Vista Design Manual, and the Non-Renewable Energy Conservation Plan as amended from time to time, unless specifically modified by the appropriate department head with the approval of the City Manager. These plans may be subject to minor modifications by the appropriate department head with the approval of the City Manager; however, any material modifications shall be subject to approval by the Planning Commission. 39. This permit shall expire if not utilized within three years of the approval date (June 28, 2026) or the end of any appeal period unless the Applicant initiates an extension prior to expiration of the permit in accordance with CVMC 19.14.600. 40. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. III. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d)(1), notice is hereby given that the 90-day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolut ion; that any such protest must be in a manner that complies with Government Code Section 66020(a); and that failure to follow this procedure in a timely manner will bar any subsequent legal action to attack, review, set aside, void, or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with the project, nor does it apply to any fees, dedication, reservations, or other exactions that have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document by signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein and will implement same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego, at the sole expense of the Property Owner and/or Applicant, and a signed, stamped copy shall be returned to the Development Services Department. Failure to return the signed and stamped copy of this recorded document within 10 days of recordation shall indicate the Property Owner/Applicant’s desire that the Project and corresponding application(s) for building permits and/or a business license be held in abeyance without approval. Property Owner/Applicant: Page 240 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda City Council Resolution No. September 12, 2023 11 ________________________________ ________________________ Steven Schwarz Date for VWP-OP Shinohara Owner, LLC V. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to be met, or in the case that they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have th e right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated and that, in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be automatically revoked and of no further force and effect. Submitted by: Approved as to form by: _________________________ __________________________ Laura C. Black, AICP Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 241 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 7.1 Attachments 1 through 8 https://cvapps.chulavistaca.gov/WebLink/browse.asp x?startid=254184 Page 242 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Planning Commission Appeal: 517 Shinohara Ln. 1 City Council Item 7.1 September 12, 2023 Page 243 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2517 Shinohara Lane Page 244 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Site LayoutSite Layout Site Layout N Loading Docks Page 245 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Project Site and Surrounding Uses Industrial Residential Residential Industrial Project Site Page 246 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Site Architecture Page 247 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 6PC Hearing on June 28, 2023 •Appeal of the Planning Commission decision from June 28, 2023. •Planning Commission voted 4-0 to certify Mitigated Negative Declaration No. IS21-0006 and approve Design Review permit No. DR21-0032 to construct a 178,156 industrial building at 517 Shinohara Lane. Page 248 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 7Appeal •On July 12, 2023, Golden State Environmental Justice Alliance (Appellant) filed an appeal of the Planning Commission’s June 28, 2023 decision. •The Appellant’s appeal is based on assertions the California Environmental Quality Act (CEQA) document was insufficient. Page 249 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 8Appeal Assertions Appellant asserts five deficiencies under CEQA: 1. Mitigated Negative Declaration (MND) is insufficient; need Environmental Impact Report (EIR) 2. “Piecemealed” 3. Did not study Environmental Justice impacts of: •Air Quality •Energy •Greenhouse Gas Emissions 4. Faulty workforce analysis 5. Faulty Transportation analysis Page 250 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 9CEQA Document Deficiency No. 1: Assertion the City should have had an EIR prepared instead of an MND. •Initial Study -informs lead agency what document is appropriate. Page 251 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 10MND vs. EIR •The determination whether to prepare a Negative Declaration or an EIR is subject to the "fair argument" test. (Laurel Heights Improvement Assoc. v. U.C. Regents (1993) 47 Cal.4th 376). •If a fair argument can be made on "substantial evidence" in the record that the project may have a significant adverse environmental impact -then an EIR is required. •An MND shall be prepared when changes to the project or mitigation measures reduce the significant effects to a less than significant level or avoids them altogether (CEQA Guidelines Section 15070(b)(1)). Page 252 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 11 EIR vs. MND: appellant asserts lead agency “fails to impose all feasible mitigation measures to reduce impacts to less than significant levels.” Lead Agency Response: •But no additional mitigation measures are identified or suggested in any of the Appellant's materials. Mitigation Measures •MND identified ways to mitigate any impacts to the satisfaction of City Staff. Page 253 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 12Piecemealing Deficiency No. 2: Appellant asserts proximity of a second project by the same development team indicates “piecemealing.” •Piecemealing is defined in the CEQA Guidelines as: •A Project is the “whole of an action”; •Individual smaller projects comprise larger project; or •One project is the “necessary precedent” of the other; or •If several projects exist but are not part of a larger project, then cumulative impacts must be studied. (CEQA Guidelines Sections 15378(a) and (c) and 15165) Page 254 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 13Piecemealing •Lead Agency Response: •Project team’s other development is included in the cumulative impacts section of the re-circulated MND. •None of the standards for piecemealing apply to this project. Page 255 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 14Environmental Justice Deficiency No 3: Appellant asserts MND does not study Environmental Justice impacts in Air Quality, Energy, and Greenhouse Gas Emissions. Lead Agency Response: All emissions would be under the applicable thresholds and the project qualifies for the Acorn Equity Award Level under California Emissions Estimator Model’s Health and Equity Scorecard criteria. Page 256 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 15Workforce Projections Deficiency No. 4: Appellant asserts MND does not utilize proper San Diego Association of Governments (SANDAG) workforce growth modeling maps. Lead Agency Response: •Appeal wrongly asserts: •Number of employees for Project. •Project’s percentage of the regional workforce growth. •Utilization of improper SANDAG Vehicle Miles Traveled (VMT) and Employee Screening maps. •MND utilizes incorrect numbers and SANDAG maps. Page 257 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 16Transportation Analysis Deficiency No. 5: A. MND did not follow City’s Transportation Guidelines for VMT; B. Project will draw vehicles/trucks from the Los Angeles, Long Beach and Victorville Inland Port areas. Lead Agency Response: •MND followed City Transportation Guidelines. •CEQA does not require speculation on traffic generation. •Marketed to local San Diego businesses and industries with workforce coming from the Chula Vista and South Bay region. Page 258 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 17CEQA Document Integrity The MND for the Shinohara Project: •Properly analyzed all potential impacts to the environment •Impacts are reduced to no impact or less than significant •Included appropriate analysis of cumulative impacts •Qualifies for CalEEMod’s Acrorn Equity Award Level •Properly utilized regional maps provided by SANDAG •Properly analyzed projected workforce needs and transportation The MND sufficiently allows the City decision makers to intelligently consider the environmental impacts of the Project. Page 259 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RECOMMENDATION Adopt a Resolution denying the appeal and affirming the Planning Commission’s decision to certify Mitigated Negative Declaration No. IS21-0006 and approve Design Review Permit No. DR21-0032. 18Page 260 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda BACKUP SLIDES 19Page 261 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 20Mitigated Negative Declaration Prerequisites for an MND: 1. Making a good faith effort to determine whether there is substantial evidence that the project may result in any significant environmental effect. 2. Incorporating effective revisions or mitigation measures into the project to alleviate potential significant effects prior to circulating the CEQA Document for public review. 3. Evidence in the record to support the agency’s determination that there will be no significant effect as a result of the project. Page 262 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 21Initial Study •Initial Study (IS21-0006) was conducted. •City found substantial evidence that impacts could result but that those impacts could be mitigated to less than significant levels. Page 263 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 22No Impact or Less Than Significant •Aesthetics •Agriculture •Air Quality •Biology •Cultural Resources •Energy •Geology •Greenhouse Gasses •Hazardous Materials •Housing •Hydrology •Land Use •Mineral Resources •Noise •Paleontology •Population •Public Services •Recreation •Transportation •Tribal Resources •Utilities and Service Systems •Wildfire Page 264 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 23CEQA Flowchart Page 265 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 24Public Review An MND was prepared and circulated twice: •August 22, 2022 –September 22, 2022 •MND was revised to address comments received and to include a technical study not included in the first circulation •January 27, 2023 –February 27, 2023 Page 266 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Northward View Page 267 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Southward View Page 268 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Eastward View N Page 269 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Westward View N Page 270 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda East Elevation Page 271 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda North and South ElevationsPage 272 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda West Elevation Page 273 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Elevator at Southeastern Corner 53.5 feet Street Level Site Level Page 274 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda N A B C D F G Preliminary Grading Plan Page 275 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Cross-sections A and B 43 feet Shinohara Lane EntranceProposed Building Pad (197.5 FF) 50 feet A B Proposed Building Pad (197.5 FF) Page 276 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Cross-sections C and D Residential to the West 24 feet C D Proposed Building Pad (197.5 FF) Residential to the West Page 277 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Residential to the North 50 feet 23.5 feet Entrance Drive Cross-sections F and G F G Proposed Building Pad (197.5 FF) Proposed Building Pad (197.5 FF) Page 278 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda N Eastward View Page 279 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Eastward View N Page 280 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Noise Study Page 281 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Noise Study Page 282 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Truck Routes Page 283 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Health Risk Assessment BoundaryPage 284 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Dog Park: Provide Direction to Staff on the Establishment of an Off-Leash Fenced Dog Park Within the Boundaries of Hilltop Park Report Number: 23-0249 Location: Hilltop Park, 780 Hilltop Drive Department: Community Services – Parks and Recreation Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3). Recommended Action Provide direction to the staff with regards to an off-leash, fenced dog park within the boundaries of Hilltop Park. SUMMARY In response to a request made during public comment by a community group called Hilltop Dog Friends at the December 6, 2022 City Council meeting the City Council directed staff to explore the possibility of an off- leash dog park at Hilltop Park. The initial proposal by the Hilltop Dog Friends was allowing an off-leash dog area without fenced boundaries in the western area of Hilltop Park. Staff does not support this recommendation but would support designating an area of the park as a fenced off-leash dog park in an area that would not take away any access to sports fields. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the activity in question may have a Page 285 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 significant effect on the environment. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION At the April 27, 2023 Parks & Recreation Commission meeting the Commission did not support the item as presented by the Hilltop Dog Friends. The item was heard a second time by the Commission on June 15, 2023 and once again the Commission did not support the item, however, they did support the possibility of a fenced dog park at Hilltop Park. Commission concerns included the loss of a sports field at a westside park, safety, and liability. DISCUSSION The City of Chula Vista parks system is comprised of 65 publicly maintained parks, of which, 9 have designated off -leash, fenced dog parks. There are an additional 6 future parks that will have designated off- leash, fenced dog parks as well. The City of Chula Vista currently has one identified park that allows off leash dog access without fenced boundaries. In 2019, the City Council approved a pilot program for an off-leash, unfenced dog park at Memorial Park. This location generally has about 10-15 patrons throughout the day. There have been few reported incidents over the past 4 years. The Hilltop Dog Friends are requesting that the City allow an off-leash dog park at Hilltop Park without a fenced boundary. Currently, the park is used for purposes other than dog access, mainly youth sports, but also for picnicking, special events and passive use. It should be noted, that unlike Memorial Park, the Hilltop Park proposal would eliminate a sports field. Staff can support the establishment of a fenced off leash dog park that would not impact sports field availability. To implement a fenced dog park staff would be required to post signage stating the boundaries of the off- leash dog access and regulations for the use of the designated area. Posted regulations would include dog owners being required to clean up after their dogs, dog owners required to maintain control of their dogs, dogs required to have current license, shots and no contagious diseases, and to limit excessive barking and hours of operation. In addition, staff will need to purchase and erect the fence, gates, four signs and posts to notify users of the boundaries as well as the rules and regulations. At each signpost, dog waste bag dispensers with waste containers would need to be added. Parks Maintenance staff would need to replace the dog waste bags regularly. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Councilmembers 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 Page 286 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 The current-year fiscal impact to the General Fund to implement an off-leash fenced dog park it is estimated to cost between $50,000 to $60,000 for the initial implementation of the program. These funds are not available in the current year budget. If Council direction is to provide a fenced off-leash dog park staff will come back to Council with a recommended budget amendment and request for appropriations. ONGOING FISCAL IMPACT Annual expenses would include the replacement of dog waste bags, removal of trash and debris and other maintenance items as they arose. The annual fiscal impact to the General Fund for subsequent years is estimated to be around $3,000 but would be evaluated in the subsequent years annual budget development process. ATTACHMENTS 1. Hilltop Park Map Staff Contact: Gil Contreras Page 287 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 288 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 289 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 290 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 291 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 292 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 293 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 294 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 295 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Page 296 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Labor Relations: Consideration of Ordinances Relating to Contractor Transparency, Project Labor Agreements, and Traffic Control Worker Minimum Wages; a Resolution Adopting a Project Labor Agreement Policy; and Discussion of Healthcare Worker Minimum Wages Report Number: 23-0244 Location: No specific geographic location Department: City Manager Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action A) Place an ordinance on first reading amending Chapter 2.59 and adding Chapter 2.71 “Project Labor Agreements” of Title 2 of the Chula Vista Municipal Code (First Reading). B) Approve a resolution adopting a Policy relating to Project Labor Agreements on City Capital Improvement Projects. C) Place an ordinance on first reading adding Chapter 2.72 “Construction Contractor and Subcontractor Reporting” to Title 2 of the Chula Vista Municipal Code (First Reading). D) Place an ordinance on first reading adding Chapter 2.73 “Traffic Control Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code (First Reading). E) Discuss adding Chapter 2.74 “Healthcare Worker Minimum Wage” to Title 2 of the Chula Vista Municipal Code. SUMMARY On May 9, 2023, the City Council Labor Relations Ad Hoc Subcommittee issued a report on findings and recommendations to the City Council. A referral was made to the City Manager for consideration, implementation, negotiation, and a report back to the City Council within 90 days on the recomm endations of the Ad Hoc Subcommittee. That report was provided to the City Council on August 8, 2023. At the August meeting, City Council directed staff to return with implementing ordinances relating to contractor transparency, project labor agreements, and minimum wages for traffic control workers in the Page 297 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 public right-of-way. At the same meeting, the City Council separately directed staff to return with an ordinance establishing a minimum wage for healthcare workers. This item is responsive to the August 8 referrals. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with 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 On March 28, 2023, the City Council approved the establishment of a Labor Relations Ad Hoc Subcommittee comprised of Deputy Mayor Jose Preciado and Councilmember Andrea Cardenas (the “Labor Relations Subcommittee”). The Labor Relations Subcommittee held a series of meetings with various stakeholders to discuss issues relating to safety conditions and enhancements for traffic control workers, the potential need for a contractor transparency ordinance, and the process to adopt a citywide project labor agreement (“PLA”). On May 9, 2023, the Labor Relations Subcommittee issued a report and recommended that the City Council refer the following to the City Manager’s Office: 1. Draft a municipal code amendment to address safety conditions and enhancements impacting traffic control workers. 2. Develop a labor transparency ordinance to be consistent with similar policies across the County of San Diego, and identify City needs for ordinance enforcement. 3. Formally engage in the process to develop a citywide Project Labor Agreement with input from the San Diego Building and Construction Trades Council. The City Council supported the recommended referral at its May 9, 2023 meeting and directed the City Manager to return with a report on implementation within 90 days. Staff returned with that report on August 8, 2023. At the August meeting, staff provided an overview of work to date, potential policy considerations, and draft language (view staff report here). The City Council then directed staff to return with the following items on September 12, 2023: 1. A municipal code amendment requiring PLAs for projects that a) have a construction cost at time of contract award of $1,000,000 or more and are constructed on City-owned property; or b) are housing projects receiving $5,000,000 or more in funding from the City. 2. A municipal code amendment addressing labor transparency. 3. A municipal code amendment addressing safety conditions and enhancements by establishing a traffic control worker minimum wage. 4. A municipal code amendment establishing a minimum wage for healthcare workers. Page 298 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 Since the August meeting, staff has continued to engage with stakeholders, including, but not limited to the following:  Building Industry Association  The City’s Development Oversight Committee  Laborers’ International Union of North America (“LiUNA”) Local 89 San Diego  Southwest Mountain States Regional Council of Carpenters Local 619 San Diego  Communication Workers of America District 9  Utility Providers (SDG&E, Cox Communications, AT&T, Verizon, Wyyerd, Sweetwater Authority, Otay Water District)  Service Employees International Union – United Healthcare Workers West (SEIU-UHW) Project Labor Agreement (PLA) At the August 8 meeting, staff presented an overview of PLAs and recommended an ordinance requiring PLAs for a) all projects constructed on City-owned property with a construction cost at time of award of $1,000,000 or greater and b) all subsidized housing projects receiving City funds of $5,000,000 or more. Staff also recommended limiting the scope of a proposed Citywide capital improvement project PLA requirement to only those projects with a construction cost at time of award of $1,000,000 or more. Next Steps Staff recommends approving Resolution B adopting a new City Council Policy, “Project Labor Agreements for City Capital Improvement Projects” (Attachment 1) and placing Ordinance A amending CVMC Chapter 2.59 and adding CVMC Chapter 2.71 “Project Labor Agreements” on first reading. With adoption of Resolution B, staff will continue negotiating a Citywide PLA consistent with the new Policy. Contractor Transparency Ordinance At the August 8 meeting, staff presented a draft “Construction Contractor and Subcontractor Reporting” ordinance (the “Contractor Reporting Ordinance”). At that time, stakeholder outreach was ongoing, and since that meeting staff has continued to work with interested parties and further refine the proposed ordinance. Attachment 2 provides a redline strikeout comparison of the current draft Contractor Reporting Ordinance with the version presented on August 8th. As drafted, the Contractor Reporting Ordinance would apply to all building, mechanical, plumbing, electrical, demolition, land development, grading, construction, utility, or fire permits issued for projects of a certain size. Impacted projects would be limited to residential or mixed-use developments consisting of twenty (20) or more dwelling units or non-residential developments that propose 20,000 square feet or more of tenant improvements or additional new gross floor area. The ordinance would also apply to utility permits in the City right-of-way. The Contractor Reporting Ordinance would not apply to an individual constructing an ADU, adding on-to or altering their home, modifying their driveway, etc. Emergency utility work would also be exempt. For those projects subject to the ordinance, and those permits applicable to those projects, the permittee would have an affirmative duty to provide the following information to the City, under penalty of perjury: Page 299 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 1. The identity of each Contractor and Qualifying Subcontractor that will perform work subject to a permit inspection, whether a sole proprietor, independent contractor, company, or other entity. 2. For each Contractor and Qualifying Subcontractor so identified: a. Scope of Inspected Work to be performed. b. State contractor’s license number, license category, and license expiration date, if a license is required by the California State Licensing Board to perform the identified Scope of Inspected Work. c. City business license number and expiration date. d. State and federal tax identification numbers. e. Valid worker’s compensation insurance information, including policy number and expiration date. f. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgements related to the provisions of the California Labor Code or the Federal Labor Standards Act. Permittee may provide a sworn attestation from a Contractor or Qualifying Subcontractor to satisfy this requirement. The permittee will also be required to update the information reported to the City, should it change. The permittee will have 72 hours to notify the City after they become aware of the change. Such changes will be made online using the City’s online permitting system. As described in the August 8 report, enforcement of the proposed ordinance will be folded into the regular daily operations of the Development Services and Engineering Departments by tying the reporting requirement to permitted work that is subject to inspection by the City. As part of the regular inspection process, City inspectors will be able to view the Contractor and Subcontractor information reported for the work they are inspecting, and if the reporting is incorrect or incomplete, they will fail that specific inspection. Work on that item will cease until the inspection can be rescheduled and the permittee will be charged a reinspection fee. Should more than one violation of the ordinance occur on the same permit, the Director of Development Services would have the authority to issue a stop work notice on that particular permit. The August 8th version of the Contractor Reporting Ordinance authorized permit revocation in cases of continued non-compliance; however, staff recommends removing this draft provision from the final ordinance. Complexities related to building code requirements and permit streamlining mandates from the state make this provision impractical to implement. In order to allow time to complete the systems programming needed to implement the proposed ordinance, an effective date of January 1, 2024 is currently contemplated. A 6-month safe harbor period, in which no enforcement action is taken is recommended. If adopted, enforcement would begin on July 1, 2024. Next Steps Staff recommends placing Ordinance C adding CVMC Chapter 2.72 “Construction Contractor and Subcontractor Reporting” on first reading. Page 300 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 5 Traffic Control Worker Minimum Wage Per the City Council’s direction, staff has prepared a draft ordinance establishing a traffic control worker minimum wage tied to prevailing wage, similar to the ordinances adopted in the County and City of San Diego. The draft ordinance was tailored to match the style and structure of the CVMC and for consistency with the proposed healthcare worker minimum wage ordinance. (e.g., inclusion of a provision addressing retaliation that is not in the County or City of San Diego ordinances) (the “Traffic Control Worker Minimum Wage Ordinance”). Unresolved Terms The draft ordinance includes an exemption for work completed by employees of gas, electric, telephone, cable, or fiber utility companies, where the employee performs work for one hour or less per workday, or one hour or less per shift. LiUNA has indicated that they only support this exception for gas and electric utilities and requests that the exception be narrowed accordingly. Next Steps Staff recommends placing Ordinance D adding CVMC Chapter 2.73 “Traffic Control Worker Minimum Wage” on first reading. If adopted, staff will return with an implementation plan for enforcement of this ordinance for Council consideration. Healthcare Worker Minimum Wage On August 8th, the Council directed staff to return on September 12th with an ordinance establishing a healthcare worker minimum wage, similar to a local initiative effort and an ordinance adopted by the City of Los Angeles. Per this direction, staff has prepared a draft ordinance establishing a healthcare worker minimum wage of $25 per hour (the “Healthcare Worker Minimum Wage Ordinance”, Attachment 3). As with the Traffic Control Worker Minimum Wage Ordinance, the draft Healthcare Worker Minimum Wage Ordinance was tailored to match the style and structure of the CVMC and for consistency with the Traffic Control Worker Minimum Wage Ordinance. Additional edits were made to improve transparency and ease of implementation. Next Steps Staff recommends the City Council hear public comments on this item and provide direction. 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 has been informed that Councilmember Chavez has a business position and/or income source related to the healthcare industry, which may present a potential conflict of interest; as a result, she will recuse herself from participation in the discussion regarding the draft healthcare worker minimum wage ordinance. Page 301 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 6 CURRENT-YEAR FISCAL IMPACT There is no quantifiable current-year fiscal impact as a result of: 1. Placing Ordinance A, amending CVMC Chapter 2.59 and adding CVMC Chapter 2.71 “Project Labor Agreements”, on first reading; 2. Approving Resolution B, adopting a policy relating to “Project Labor Agreements on City Capital Improvement Projects”; 3. Placing Ordinance C, adding CVMC Chapter 2.72 “Construction Contractor and Subcontractor Reporting”, on first reading; or 4. Discussing adding Chapter 2.74 “Healthcare Worker Minimum Wage” to the CVMC. As described in the August 8 report, there is ample evidence indicating that PLAs contain costs, just as there is ample evidence indicating that PLAs result in higher construction costs. Actual fiscal impacts will likely vary based on workforce market conditions. Adopting Ordinance D, adding CVMC Chapter 2.73 “Traffic Control Worker Minimum Wage”, may have current-year fiscal impacts related to program enforcement. If the Council places this item on first reading, staff will return with a recommended enforcement plan, including an analysis of related fiscal impacts. ONGOING FISCAL IMPACT There are no quantifiable ongoing fiscal impacts as a result of: 1. Placing Ordinance A, amending CVMC Chapter 2.59 and adding CVMC Chapter 2.71 “Project Labor Agreements”, on first reading; 2. Approving Resolution B, adopting a policy relating to “Project Labor Agreements on City Capital Improvement Projects”; 3. Placing Ordinance C, adding CVMC Chapter 2.72 “Construction Contractor and Subcontractor Reporting”, on first reading; or As described in the August 8 report, there is ample evidence indicating that PLAs contain costs, just as there is ample evidence indicating that PLAs result in higher construction costs. Actual fiscal impacts will likely vary based on workforce market conditions. Adopting Ordinance D, adding CVMC Chapter 2.73 “Traffic Control Worker Minimum Wage”, may have ongoing fiscal impacts related to program enforcement. If the Council places this item on first reading, staff will return with a recommended enforcement plan, including an analysis of related fiscal impacts. Fiscal impacts of establishing a healthcare worker minimum wage have not been analyzed. Should City Council direct staff to return with a Healthcare Worker Minimum Wage Ordinance for adoption, staff would endeavor to provide additional fiscal impact analysis with that item. ATTACHMENTS 1. City Council Policy, “Project Labor Agreements for City Capital Improvement Projects” Page 302 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 7 2. Redline strikeout of Contractor Reporting Ordinance, compared with August 8th version 3. Draft Healthcare Worker Minimum Wage Ordinance Staff Contact: Tiffany Allen, Assistant City Manager Page 303 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda COUNCIL POLICY CITY OF CHULA VISTA SUBJECT: Project Labor Agreements for City Capital Improvement Projects POLICY NUMBER EFFECTIVE DATE PAGE 1 OF 1 ADOPTED BY: (Resolution No.) DATED: AMENDED BY: Resolution No. (date of resolution) BACKGROUND A Project Labor Agreement (“PLA”) is a pre-hire collective bargaining agreement negotiated between one or more construction unions and one or more construction employers (contractors/project owners) that establish the terms and conditions of employment for a specific construction project. PLAs are an effective tool to ensure timely completion of projects at or under budget; provide employers with a reliable source of highly skilled workers; increase diversity and support equitable workforce development; and improve worker health and safety on the job. PURPOSE The purpose of this policy (the “Policy”) is to establish guidelines for the use of Project Labor Agreements on certain City constructed capital improvement projects. POLICY City of Chula Vista staff shall engage with the San Diego County Building and Construction Trades Council and other interested unions to negotiate a Citywide PLA, to be applicable to all City capital improvement projects with a construction cost at time of award of $1,000,000 or greater. Once an agreement has been reached in PLA negotiations, the PLA must be approved by the City Council. Upon approval by the City Council, the PLA will take effect as of the effective date set forth in the PLA. A copy of the PLA will then be included in any applicable solicitation documents for a construction project covered by this Policy. The City Council reserves its sole and absolute discretion to determine what constitutes a capital improvement project for purposes of this Policy. Page 304 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.712.72, “CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ENHANCE LOCAL COMPLIANCE WITH LABOR STANDARDS WHEREAS, the City of Chula Vista (the “City”) desires to create a culture of safety, accountability, and legal compliance to increase transparency and ensure that labor standards are upheld; and WHEREAS, California Business and Professions Code Division 3, Chapter 9 requires all persons performing contracting work on any project valued at $500 or more in combined labor and material costs to be licensed by the Contractors State Licensing Board; and WHEREAS, unlicensed contractors lack accountability and compete unfairly with licensed contractors who operate with bonds, insurance, and other responsible business practices; and WHEREAS, the City strives to protect human rights, protect workers’ rights, and end labor exploitation by identifying labor violations and unqualified operators; and WHEREAS, enhancing local compliance with labor standards protects public health, safety and welfare and is in the best interest of the City and its residents. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.712.72 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.712.72 CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING 2.712.72.010 Title This chapter is known as the “Construction Contractor and Subcontractor Reporting Ordinance,” may be cited as such, and will be referred to herein as “this chapter”. 2.712.72.020 Purpose and Intent The purpose of this chapter is to protect the public health, safety, and welfare by enhancing local compliance with the California Business and Professions Code. 2.712.72.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed Item #8.2 Attachment 2 Revised 2023-09-08 Page 305 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 2 to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. “City” means the City of Chula Vista. “City Manager” means the City Manager of the City of Chula Vista, or designee. “Code” means the City of Chula Vista Municipal Code. “Contractor” means the prime contractor or general contractor for the Project. “Director of Development Services” means the Director of Development Services of the City of Chula Vista, or designee. “Emergency Utility Permit Work” means work performed pursuant to a utility permit on an emergency basis in order to ensure the continued safety and reliability of public utilities. “Inspected Work” means the scope of work to be performed, subject to issuance of a Permit and inspection by the City. Work performed on a Project that is not subject to a Permit and inspection is excluded. “Permit” means any building permit, mechanical permit, plumbing permit, electrical permit, demolition permit, land development permit, grading permit, construction permit, utility permit, or fire permit issued for a Project. “Permittee” means any property owner, property owner’s authorized agent, or licensed contractor who obtains a Permit for a Project. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit. “Project” means A) a residential or mixed-use development consisting of twenty or more dwelling units; B), a non-residential development that proposes 20,000 square feet or more of tenant improvements or additional new gross floor area;, or C) utility work in the City right-of-way, excluding Emergency Utility Permit Work. “Qualifying Subcontractor” means a subcontractor of any tier performing the Inspected Work. 2.712.72.040 Reporting Requirements A. Acknowledgement. As a condition of Permit issuance, the Permittee shall affirmatively acknowledge their obligations pursuant to this chapter. B. Duty to Provide Information. As a condition of receiving City inspections or participating in a City pre-construction meeting, the Permittee shall, under penalty of perjury, submit the following information to the City prior to each Contractor or Qualifying Subcontractor starting work on the project: Page 306 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 3 1. The identity of each Contractor and Qualifying Subcontractor that will perform the Inspected Work, whether a sole proprietor, independent contractor, company, or other entity. 2. For each Contractor and Qualifying Subcontractor so identified: a. Scope of Inspected Work to be performed. a.b. State contractor’s license number, license category, and license expiration date, if a license is required by the California State Licensing Board to perform the identified Scope of Inspected Work. b.c. City business license number and expiration date. c.d. State and federal tax identification numbers. d.e. Valid worker’s compensation insurance information, including policy number and expiration date. f. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgements related to the provisions of the California Labor Code or the Federal Labor Standards Act. Permittee may provide a sworn attestation from a Contractor or Qualifying Subcontractor to satisfy this requirement.Scope of Inspected Work to be performed. e.3. For work performed pursuant to a utility franchise agreement with the City, without a Permit, the information required pursuant to subsections 2.72.040(B)(1) and 2.72.040(B)(2) shall be submitted to the City concurrent with providing notice of such work. C. Duty to Update Changed Information. At any time between Permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to Section 2.712.72.040(A) of this chapter, the Permittee shall submit updated information to the City within 72 hours of Permittee’s knowledge of such change, excluding weekends and Holidays. 2.712.72.050 Penalty for Violations A. It shall be unlawful for any Permittee to fail to comply with the requirements of this chapter. B. City shall withhold inspections for any Inspected Work until such compliance is achieved. C. The Director of Development Services may issue a stop work order if a secondmore than one violation of this chapter is committed in connection with the same Permit within a continuous period of 12 months. A stop work order issued pursuant to this chapter shall be made in writing and served on the Permittee via certified mail. Notice of such stop worker order shall also be conspicuously posted at the job site of the subject Permit. Continued violations of this chapter committed in connection with the same Permit may result in extended stop work periods, up to and including 180 days. Page 307 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 4 D. The Director of Development Services may revoke a Permit if more than two violations of this chapter are committed in connection with the same Permit within a continuous period of five years. Prior to taking such action, the Director of Development Services shall issue a written notice of intention to revoke the Permit. The written notice shall be served on the Permittee, shall specify the facts which, in the opinion of the Director of Development Services, constitute substantial evidence to establish grounds for revocation, and state that the Permit shall be revoked within 30 calendar days from the date the notice is given unless the Permittee files a request with the City Clerk for an administrative hearing to appeal the decision pursuant to CVMC 2.71.060. E.D. The penalties specified in this section shall be the sole penalties available under local law for a violation of this chapter. F.E. In accordance with CVMC 15.04.015 and 15.06.080, no Person shall perform work or cause work to be performed prior to issuance of a Permit. 2.71.060 Appeal Procedures A. A Permittee may appeal the decision of the Development Services Director to revoke a Permit to the City Manager within 30 calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Development Services Department and shall specify therein that the decision of the Director of Development Services was in error and identify the facts and circumstances on which the claim of error is based. If any appeal is filed within the time limit specified, it shall automatically stay proceedings in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of t he hearing at least 10 business days prior to said date. B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the Permittee shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the Permittee. The appeal hearing shall be conducted pursuant to CVMC 1.30.090 and 1.30.100. 2.712.72.070060 Effective Date This chapter shall apply to all Permits for which a Permit application is received by the City on or after January 1, 2024. No enforcement action shall be taken pursuant to this chapter until July 1, 2024. 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 Page 308 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 5 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 Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 309 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\17103873748\17103873748,,,Attachment 3 - Draft Healthcare Worker Minimum Wage Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.74, “HEALTHCARE WORKER MINIMUM WAGE” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A HEALTHCARE WORKER MINIMUM WAGE WHEREAS, the City of Chula Vista (the “City”), a charter city, may adopt ordinances in accordance with its police powers to ensure the public health, welfare, and safety of its residents ; and WHEREAS, the City requires a sufficient healthcare workforce to ensure that life-saving healthcare facilities, including those vital to the social safety net, such as hospitals, health systems, community clinics, and dialysis clinics offer consistent, timely, high -quality care; and WHEREAS, workers at acute care facilities provide vital services including emergency care, labor and delivery, psychiatric care, cancer treatments, and primary and specialty care. Similarly, dialysis clinic workers provide life-preserving care to patients with end-stage renal disease and are part of the continuum of kidney care that also includes hospitals, clinics, and health systems; and WHEREAS, community clinics are essential safety-net providers that provide primary, dental, and behavioral healthcare to underserved communities and fully staffed community clinics help patients manage and prevent chronic conditions and stay healthy, minimizing unnecessary emergency room visits and hospitalizations; and WHEREAS, hospitals, health systems, community clinics, and dialysis clinics are facing staffing shortages that could jeopardize the availability of care in Chula Vista; and WHEREAS, prior to the COVID pandemic, California was facing an urgent and immediate shortage of healthcare workers, adversely impacting the health and well-being of Californians, especially economically disadvantaged Californians, and the COVID-19 pandemic has worsened these shortages; and WHEREAS, healthcare job vacancies are rising as workers on the frontlines deal with the emotional, mental, and physical fallout of providing healthcare during a pandemic; and WHEREAS, workforce shortages across industries also mean that the healthcare industry is competing with other economic sectors to fill critical non-clinical positions such as for cleaning staff, food service workers, and IT administrators; and WHEREAS, with rising housing costs, healthcare workers are being forced to live further from their places of work, increasing their stress and leading to retention challenges; and Page 310 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 2 WHEREAS, raising the minimum wage in Chula Vista will help address retention challenges and workforce shortages which negatively impact care for vulnerable patients receiving lifesaving, complex care or essential preventive care in settings such as emergency rooms , operating rooms, community clinics, and dialysis clinics; and WHEREAS, raising the minimum wage will also help to ensure that these healthcare facilities, including those serving underserved populations, are maintaining a robust workforce able to meet the challenges affecting our community; and WHEREAS, on August 8, 2023, the City Council directed City staff to draft and present this ordinance for consideration; and NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.74 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.74 HEALTHCARE WORKER MINIMUM WAGE 2.74.010 Title This chapter is known as the “Healthcare Worker Minimum Wage Ordinance,” may be cited as such, and will be referred to herein as “this chapter”. 2.74.020 Purpose and Intent The purpose of this chapter is to address the unique recruitment and retention challenges of healthcare workers by ensuring that, except in limited circumstances, healthcare workers are paid a wage at least $25 per hour. 2.74.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. “City” means the City of Chula Vista. “City Manager” means the City Manager of the City of Chula Vista, or designee. “Code” means the City of Chula Vista Municipal Code. “Covered Healthcare Facility” means the following types of facilities or work sites, provided that they are privately owned and are located within the boundaries of the City: Page 311 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 3 A. A licensed general acute care hospital as defined in Section 1250(a) of the California Health and Safety Code, including a distinct part of any such hospital. B. A clinic as defined in Section 1206(d) of the California Health and Safety Code, that is conducted, operated, or maintained as an outpatient department of a general acute care hospital or acute psychiatric hospital. C. A licensed acute psychiatric hospital as defined in Section 1250(b) of the California Health and Safety Code, including a distinct part of any such hospital. D. A community clinic as defined in Section 1204(a)(1)(A) of the California Health and Safety Code, including a primary care clinic, or a chronic dialysis clinic, as defined in Section 1204(b)(2) of the California Health and Safety Code. E. A federally qualified health center as defined in Section 1396d(1)(2)(B) of Title 42 of the United States Code, including federally qualified health center look-alikes. F. A facility or other work site that is part of an Integrated Healthcare Delivery system. “Covered Healthcare Worker” means an Employee who is employed to work at or by a Covered Healthcare Facility to provide patient care, healthcare services, or services supporting the provision of healthcare. “Covered Healthcare Worker” includes clinicians, professionals, non- professionals, nurses, certified nursing assistants, aides, technicians, maintenance workers, janitorial or housekeeping staff persons, groundskeepers, guards, food service workers, laundry workers, pharmacists, administrative workers, and business office clerical workers. A “Covered Healthcare Worker” works at a Covered Healthcare Facility only if that individual’s primary place of employment is physically located at one or more such facilities or work sites; for example, delivery workers employed primarily outside a Covered Healthcare Faci lity are not Covered Healthcare Workers for purposes of this chapter unless employed by a Person that owns, controls, or operates a Covered Healthcare Facility. “Covered Physician Group” means a medical group practice, including a professional medical corporation as defined in Section 2406 of the California Business and Professions Code, another form of corporation controlled by physicians and surgeons, a medical partnership, or an independent practice association, provided that the group includes a total of 10 or more physicians. “CPI” means the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the San Diego Area, as published by the U.S. Bureau of Labor Statistics on a monthly basis. “Effective Date” means the effective date of this chapter, as set forth in Section 2.74.080. “Employee” has the same meaning as section 2775 in the California Labor Code. “Employer” means any Person, including a corporate officer or executive, who directly or indirectly, or through any other Person, including through the services of a temporary service, Page 312 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 4 staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any Employee. “Integrated Healthcare Delivery System” means an entity or group of related entities that includes both of the following: (1) one or more hospitals and (2) one or more Covered Physician Groups, health care service plans, medical foundation clinics, other health care facilities, or other entities, providing health care or supporting the provision of health care, where the hospital or hospitals and other entities are related through: A. Parent/subsidiary relationships, joint or common ownership or control, common branding, or common boards of directors and shared senior management; or B. A contractual relationship in which affiliated Covered Physician Groups or medical foundation clinics contract with a healthcare service plan, hospital, or other part of the system, all operating under a common trade name; or C. A contractual relationship in which a nonprofit healthcare service plan provides medical services to enrollees in a specific geographic region of the state through an affiliated hospital system, and contracts with a single Covered Physician Group in each geographic region of the state to provide medical services to a majority of the plan’s enrollees in that region. “Minimum Wage” means the minimum amount that must be paid to Covered Healthcare Workers as compensation for their labor, whether the amount is fixed or ascertained by the sta ndards of time, task, piece, commission basis, or other method of calculation. “Minimum Wage” does not include bonuses, shift differentials, premium pay, reimbursement or allowances for work-related equipment or other expenses, credits for meals or lodging, tips, gratuities, or the cost of medical, dental, retirement or similar benefits. “Person” means an individual, firm, partnership, limited partnership, limited liability partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. 2.74.040 Minimum Wage Required A. An Employer shall ensure that each Covered Healthcare Worker i t employs is paid a Minimum Wage equivalent to no less than the hourly rate set forth herein or under the authority of this chapter for hours worked within the geographic boundaries of the City. B. The Minimum Wage for Covered Healthcare Workers shall be as follows: 1. On the Effective Date, the Minimum Wage shall be not less than $25 per hour for all hours worked as a Covered Healthcare Worker. Page 313 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 5 2. One year after the Effective Date, and annually thereafter on the same date, the Minimum Wage shall increase by the change in published CPI for the preceding twelve months. If the change to the published CPI over the twelve-month period is negative, the Minimum Wage shall remain unchanged. The City shall annually publish a bulletin announcing the adjusted Minimum Wage, at least 30 days prior to the effective date of such rate. C. An Employer may not fund the Minimum Wage increases required by this chapter in any of the following ways: 1. Reducing Covered Healthcare Workers’ premium pay rates or shift differentials; 2. Reducing vacation, healthcare, or other non-wage benefits of any Covered Healthcare Worker; 3. Reducing Covered Healthcare Workers’ hours of work; 4. Laying off Covered Healthcare Workers; or 5. Increasing charges to any Covered Healthcare Worker for parking, work-related materials, or equipment. D. An Employer is in violation of Section 2.74.040(C) if the Minimum Wage requirements of this chapter are a motivating factor in the Employer’s decision to take any of the actions described in Section 2.74.040(C), unless Employer proves that it would have taken the same action at the time that it did irrespective of the operation of this ordinance. E. Covered Healthcare Facilities shall post in a conspicuous place a notice of the current Minimum Wage for Covered Healthcare Workers required by this chapter. F. Employers of Covered Healthcare Workers shall retain payroll records pertaining to Covered Healthcare Workers for a minimum of four (4) years and shall allow the City or its designee access to such records, with appropriate notice and during business hours, to monitor compliance with the requirements of this chapter. 2.74.050 Retaliation No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Covered Healthcare Work er for opposing any practice prohibited by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Protections in this section shall apply to any Covered Healthcare Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Covered Healthcare Worker within 90 days of the Covered Healthcare Worker’s exercise Page 314 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 6 of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. 2.74.060 Enforcement A. Administrative Enforcement. The City Manager may enforce this chapter in accordance with the provisions of CVMC Chapter 1.41. B. Civil Enforcement. A Covered Healthcare Worker, a representative of a Covered Healthcare Worker, the City Attorney, or another Person acting on behalf of the public as provided for under applicable state law may bring a civil action in a court of competent jurisdiction against an Employer violating this chapter. 1. Remedies for Violation. A Court of competent jurisdiction may impose all remedies available under law or in equity, including injunctive or other equitable relief, reinstatement, the payment of any wages unlawfully withheld, the payment of penalties in the amount of up to $120 to each Covered Healthcare Worker for each day that a violation occurred or continued, and reasonable attorneys’ fees and costs. In an action initiated by the City Attorney, the recovery of attorneys’ fees shall be subject to the provisions of 2.74.060(B)(2) below. In addition to the remedies identified above, a Covered Healthcare Worker who is the subject of retaliation by an Employer, as described in Section 2.74.050, is entitled to reinstatement and treble damages. 2. Attorneys’ Fees in City Initiated Action. Attorneys’ fees may be recovered by the prevailing party only in individual actions or proceedings in which the City elects, at the initiation of that individual action or proceeding, to seek recovery of its own attorneys’ fees. If the City does not elect, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys’ fees, no other party shall seek or recover attorneys’ fees. 2.76.070 Limitations A. Any waiver by a Covered Healthcare Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. B. This chapter is not intended to, and shall not be interpreted to, conflict with federal or state law and shall be interpreted to be compatible with federal and state enactments, not limited to those dealing with employee/employer and labor relations, and in furtherance of the public purposes that those enactments encompass. C. This chapter does not create any cause of action for damages against the City. Page 315 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 7 D. This chapter shall not be construed as limiting any Covered Healthcare Worker’s right to obtain relief to which the Covered Healthcare Worker may be entitled at law or in equity. Exhaustion of remedies under this chapter is not a prerequisite to the assertion of any right. E. This chapter shall not be construed to discourage or prohibit an Employer from providing higher wages to its Employees. F. This chapter is not intended to cause a reduction in employment or work hours for Covered Healthcare Workers. Therefore, a court may grant a one-year waiver from the Minimum Wage requirements of this chapter if any Employer can demonstrate by substantial evidence that compliance with this ordinance would raise substantial doubt about the Employer’s ability to continue as a going concern under generally accepted accounting standards. The evidence must include documentation of the Employer’s financial condition, as well as the condition of any parent or affiliated entity, and evidence of the actual or potential direct financial impact of compliance with this chapter. A one-year waiver granted by a court pursuant to this section does not exempt an Employer from complying with any and all federal, state, or local laws and regulations, including any other applicable federal, state, or local minimum wage requirement. 2.76.080 Promulgation of regulations, standards, and other legal duties A. The City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards determined to be necessary to carry out the purposes of this chapter. B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. C. Regulations promulgated by the City Manager shall become effective and enforceable upon date of publication on the City’s website. 2.74.080 Effective Date This chapter shall take effect January 1, 2024. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Page 316 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 8 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 Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 317 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\17103873450\17103873450,,,Ordinance A.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 2.59 AND ADDING CHAPTER 2.71, “PROJECT LABOR AGREEMENTS” REGARDING PROJECT LABOR AGREEMENTS FOR CERTAIN PROJECTS CONSTRUCTED ON CITY OWNED PROPERTY AND AFFORDABLE HOUSING PROJECTS RECEIVING SIGNIFICANT CITY SUBSIDY WHEREAS, Chula Vista Municipal Code (“CVMC”) Chapter 2.59, “Fair and Open Competition in Contracting,” was adopted by the electorate in June 2010 (“Prop G”); and WHEREAS, Section 4 of Prop G provided that the ordinance codified as Chapter 2.59 could be amended or repealed by a majority vote of the City’s electorate; and WHEREAS, the repeal and replacement of CVMC Chapter 2.59 was adopted by the electorate in March 2020 (“Measure E”); and WHEREAS, the City of Chula Vista (the “City”) has a proprietary interest in projects constructed by private parties on City owned property and financial interest in affordable housing projects in which the City is providing significant subsidy (the “Covered Projects”); and WHEREAS, the City Council desires to limit the risk of labor disputes on Covered Projects, including but not limited to work stoppages and economic interference, by requiring that Project Labor Agreements (“PLAs”) be utilized, where such Covered Projects s atisfy the criteria set forth in this ordinance; and WHEREAS, PLAs increase the likelihood that construction projects will be completed on time and without delay; and WHEREAS, the PLA requirements set forth in this ordinance are important tools to protect the City’s interest in the Covered Projects; and WHEREAS, pursuant to the Charter of the City of Chula Vista, the City Council has the full power and authority to make and enforce all laws and regulations with respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State; and WHEREAS, at a general election held on March 3, 2020, the voters of the City of Chula Vista adopted Measure E to allow the use of project labor agreements within the City; and WHEREAS, through this Ordinance, the City Council intends to consider and take action upon local policies and procedures to allow the City’s use of project labor agreements. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Page 318 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 2 Section I. Chapter 2.59 is hereby amended to read as follows: Chapter 2.59 REPEALED AND REPLACED BY INITIATIVE 2.59.010 Replacement The City Council of the City of Chula Vista shall, within 180 days of the effective date of the resolution codified in this chapter, consider and take action upon local policies and procedures that allow City’s use of project labor agreements (“PLAs”), and related provisions commonly associated with PLAs, in public works contracting. The policies and procedures acted upon pursuant to this section (the “PLA Policies”) shall include (A) all of the taxpayer protection provisions required by California Public Contract Code Section 2500; (B) such other provisions as may be necessary to be consistent with applicable state law; (C) provisions for transparency and accountability in the contracting process; and (D) such other provisions as may be approved by the City Council consistent with state law and “best practices” as determined by the City Council. [Section 2.59.020 is deleted] Section II. Chapter 2.71 “Project Labor Agreements” is hereby added as follows: Chapter 2.71 PROJECT LABOR AGREEMENTS 2.71.010 Title This chapter is known as the “Project Labor Agreement Ordinance,” may be cited as such, and will be referred to herein as “this chapter.” 2.71.020 Purpose and Intent The purpose of this chapter is to reduce the risk of labor disputes on certain projects in which the City has a proprietary or financial interest by requiring Project Labor Agreements be entered into on such projects. Nothing in this chapter shall be construed to limit the City’s ability to enter into or otherwise require PLAs in other circumstances. 2.71.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions Page 319 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 3 of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. “City” means the City of Chula Vista. “City-Owned Property” refers to real property and includes property that is owned in fee by the City and property to which the City holds an easement or public right-of-way interest. City-Owned Property does not include property that is otherwise part of a private development project that will be dedicated to the City pursuant to a condition of approval for the private development project. “Code” means the City of Chula Vista Municipal Code. “Covered Project” means 1) a project constructed by a Developer on City-Owned Property with a construction cost of $1,000,000 or more at the time of construction contract award or 2) a Subsidized Housing Project receiving $5,000,000 or more in City or Housing Authority of the City of Chula Vista directed funds, including grants, loans and other funding mechanisms, to be applied to development of such project. “Developer” means a Person undertaking the development of land for the purpose of new construction or renovation of a Covered Project. “Labor Organization” means an organization of any kind, or an agency or employer representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work of employees at a construction project or development in the City, including but not limited to a building and construction trades council consisting of affiliated building and trade unions. “Negotiating Parties” means a Developer and a Labor Organization, engaged in the negotiation of a Project Labor Agreement. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit. “Project Labor Agreement” has the meaning given to such term in the California Public Contract Code, Section 2500(b)(1), as may be amended by the Legislature. “Subsidized Housing Project” means the construction of new, or renovation of existing, housing that is deed restricted to individuals with income equal to or less than 140% of the area median income, as established by the County of San Diego. Page 320 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 4 2.71.040 Project Labor Agreement Required All Persons constructing Covered Projects shall enter into a Project Labor Agreement, except that this requirement shall not apply to projects being funded in whole or in part by any government entity that prohibits the use of Project Labor Agreements. The requirements of this section may be met by either signing onto a citywide Project Labor Agreement or, in the alternative, negotiating a project-specific Project Labor Agreement. All Project Labor Agreements shall include terms required by California Public Contracts Code Section 2500(a), as may be amended, and shall comply with all applicable federal and state laws, as well as all applicable City policies. The City Council may establish policies setting forth additional minimum requirements for privately-negotiated Project Labor Agreements. For Covered Projects on City-Owned Property, submittal to the City of an executed Project Labor Agreement pursuant to this chapter shall be a condition precedent to whichever occurs first: either the commencement of construction or the close of escrow on the purchase or lease of such property. For Subsidized Housing Projects, entering into a Project Labor Agreement pursuant to this chapter shall be a condition precedent to transferring subsidy funds. The City Council may, with approval of the City Attorney, approve transactions with alternative mechanisms for ensuring submittal of an executed Project Labor Agreement prior to commencement of construction. All Project Labor Agreements submitted to the City pursuant to this chapter shall be considered public records. 2.71.050 Inability to Negotiate a Project Labor Agreement In the event that there is no applicable citywide Project Labor Agreement in effect, and a Developer constructing a Covered Project is unable to negotiate a Project Labor Agreement with Labor Organizations that are performing work on the Covered Project as required by this chapter, then, within sixty (60) days of either Negotiating Party’s written reques t to the other for mediation, the Negotiating Parties shall submit the dispute to a mutually agreed upon mediator to assist the Negotiating Parties in reaching a reasonable Project Labor Agreement. Each Negotiating Party shall bear its own costs incurred in mediation, and the cost of the mediator shall be equally split between the Person constructing the Covered Project and the Labor Organization(s). In the event that the Developer and Labor Organization are unable to reach a reasonable Project Labor Agreement through mediation, the mediator shall prepare a report to the City Council within thirty (30) days of conclusion of the mediation, and the Developer may submit the dispute to the City Council who may, in its sole and absolute discretion, conditionally or unconditionally waive any or all of the requirements of this chapter. Further, if a Labor Organization does not agree to participate in mediation, the Developer may submit the dispute to the City Council, who may, in its sole and absolute discretion, conditionally or unconditionally waive any or all of the Page 321 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 5 requirements of this chapter. Information submitted to the City Council under this section shall be considered a public record. 2.71.060 Limitations A. This chapter is not intended to, and shall not be interpreted to, conflict with federal law, or matters of statewide concern under state law, and shall be interpreted to be compatible with federal and state enactments, not limited to those dealing with employee/employer and labor relations, and in furtherance of the public purposes which those enactments encompass. B. This chapter does not require any Developer to be unionized or to recognize a particular Labor Organization, or any particular recognition process, nor does it mandate that employees unionize. C. This chapter does not require any Developer to make any particular promise in order to secure a Project Labor Agreement. The terms of any Project Labor Agreement are to be negotiated directly by the Negotiating Parties, subject to the minimum requirements of this chapter. D. This chapter is not intended to, and shall not be interpreted to, favor any particular outcome in the determination of whether employees are represented and, if so, by which Labor Organization. E. Nothing in this chapter permits or requires the City or any Developer to enter into any agreement in violation of the National Labor Relations Act of 1935, approved July 5, 1935 (49 Stat. 449; 29 U.S.C.S. § 151 et seq.). F. There shall be no criminal or administrative penalty for violation of this chapter. 2.71.070 Effective Date A. This chapter shall apply to Covered Projects on City-Owned Property, for which the City enters into a purchase agreement, lease agreement, license agreement, or otherwise makes a binding written commitment on or after January 1, 2024. B. This chapter shall apply to Subsidized Housing Projects, for which the City Council has taken action to authorize the disbursement of subsidy funds on or after January 1, 2024. Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Page 322 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 6 Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section VI. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 323 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A POLICY RELATING TO PROJECT LABOR AGREEMENTS FOR CITY CAPITAL IMPROVEMENT PROJECTS WHEREAS, the City Council desires to limit the risk of labor disputes on certain City constructed capital improvement projects, including but not limited to work stoppages and economic interference, by negotiating a Project Labor Agreement (“PLA”) with the San Diego County Building and Construction Trades Council and other interested unions; and WHEREAS, the proposed policy clarifies that the PLA to be negotiated would apply to City capital improvement projects with a construction cost of $1,000,000 or greater at time of award; and WHEREAS, the City Council wishes to adopt a Policy relating to Project Labor Agreements for City Capital Improvement Projects, as set forth in Exhibit 1, attached hereto and incorporated herein by referenced as if set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby adopt the Project Labor Agreements for City Capital Improvement Projects Policy as attached hereto. Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 324 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.72, “CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ENHANCE LOCAL COMPLIANCE WITH LABOR STANDARDS WHEREAS, the City of Chula Vista (the “City”) desires to create a culture of safety, accountability, and legal compliance to increase transparency and ensure that labor standards are upheld; and WHEREAS, California Business and Professions Code Division 3, Chapter 9 requires all persons performing contracting work on any project valued at $500 or more in combined labor and material costs to be licensed by the Contractors State Licensing Board; and WHEREAS, unlicensed contractors lack accountability and compete unfairly with licensed contractors who operate with bonds, insurance, and other responsible business practices; and WHEREAS, the City strives to protect human rights, protect workers’ rights, and end labor exploitation by identifying labor violations and unqualified operators; and WHEREAS, enhancing local compliance with labor standards protects public health, safety and welfare and is in the best interest of the City and its residents. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.72 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.72 CONSTRUCTION CONTRACTOR AND SUBCONTRACTOR REPORTING 2.72.010 Title This chapter is known as the “Construction Contractor and Subcontractor Reporting Ordinance,” may be cited as such, and will be referred to herein as “this chapter”. 2.72.020 Purpose and Intent The purpose of this chapter is to protect the public health, safety, and welfare by enhancing local compliance with the California Business and Professions Code. 2.72.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed Item # 8.2 – Ordinance C Revised on 2023-09-08 Page 325 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 2 to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. “City” means the City of Chula Vista. “City Manager” means the City Manager of the City of Chula Vista, or designee. “Code” means the City of Chula Vista Municipal Code. “Contractor” means the prime contractor or general contractor for the Project. “Director of Development Services” means the Director of Development Services of the City of Chula Vista, or designee. “Emergency Utility Permit Work” means work performed pursuant to a utility permit on an emergency basis in order to ensure the continued safety and reliability of public utilities. “Inspected Work” means the scope of work to be performed, subject to issuance of a Permit and inspection by the City. Work performed on a Project that is not subject to a Permit and inspection is excluded. “Permit” means any building permit, mechanical permit, plumbing permit, electrical permit, demolition permit, land development permit, grading permit, construction permit, utility permit, or fire permit issued for a Project. “Permittee” means any property owner, property owner’s authorized agent, or licensed contractor who obtains a Permit for a Project. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit. “Project” means A) a residential or mixed-use development consisting of twenty or more dwelling units; B) a non-residential development that proposes 20,000 square feet or more of tenant improvements or additional new gross floor area; or C) utility work in the City right-of-way, excluding Emergency Utility Permit Work. “Qualifying Subcontractor” means a subcontractor of any tier performing the Inspected Work. 2.72.040 Reporting Requirements A. Acknowledgement. As a condition of Permit issuance, the Permittee shall affirmatively acknowledge their obligations pursuant to this chapter. B. Duty to Provide Information. As a condition of receiving City inspections or participating in a City pre-construction meeting, the Permittee shall, under penalty of perjury, submit the following information to the City prior to each Contractor or Qualifying Subcontractor starting work on the project: Page 326 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 3 1. The identity of each Contractor and Qualifying Subcontractor that will perform the Inspected Work, whether a sole proprietor, independent contractor, company, or other entity. 2. For each Contractor and Qualifying Subcontractor so identified: a. Scope of Inspected Work to be performed. b. State contractor’s license number, license category, and license expiration date, if a license is required by the California State Licensing Board to perform the identified Scope of Inspected Work. c. City business license number and expiration date. d. State and federal tax identification numbers. e. Valid worker’s compensation insurance information, including policy number and expiration date. f. Any previous and/or pending enforcement actions resulting from violations of state or federal labor law, along with any penalties paid, criminal convictions, or judgements related to the provisions of the California Labor Code or the Federal Labor Standards Act. Permittee may provide a sworn attestation from a Contractor or Qualifying Subcontractor to satisfy this requirement. 3. For work performed pursuant to a utility franchise agreement with the City, without a Permit, the information required pursuant to subsections 2.72.040(B)(1) and 2.72.040(B)(2) shall be submitted to the City concurrent with providing notice of such work. C. Duty to Update Changed Information. At any time between Permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to Section 2.72.040(A) of this chapter, the Permittee shall su bmit updated information to the City within 72 hours of Permittee’s knowledge of such change, excluding weekends and Holidays. 2.72.050 Penalty for Violations A. It shall be unlawful for any Permittee to fail to comply with the requirements of this chapter. B. City shall withhold inspections for any Inspected Work until such compliance is achieved. C. The Director of Development Services may issue a stop work order if more than one violation of this chapter is committed in connection with the same Permit. A stop work order issued pursuant to this chapter shall be made in writing and served on the Permittee via certified mail. Notice of such stop worker order shall also be conspicuously posted at the job site of the subject Permit. Continued violations of this chapter committed in connection with the same Permit may result in extended stop work periods, up to and including 180 days. Page 327 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 4 D. The penalties specified in this section shall be the sole penalties available under local law for a violation of this chapter. E. In accordance with CVMC 15.04.015 and 15.06.080, no Person shall perform work or cause work to be performed prior to issuance of a Permit. 2.72.060 Effective Date This chapter shall apply to all Permits for which a Permit application is received by the City on or after January 1, 2024. No enforcement action shall be taken pursuant to this chapter until July 1, 2024. 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 Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 328 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item # 8.2 – Ordinance D Revised on 2023-09-08 C:\Program Files\eSCRIBE\TEMP\14454067167\14454067167,,,Ordinance D.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 2.73, “TRAFFIC CONTROL WORKER MINIMUM WAGE” TO TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH A TRAFFIC CONTROL WORKER MINIMUM WAGE WHEREAS, the City of Chula Vista (the “City”), a charter city, may adopt ordinances in accordance with its police powers to ensure the public health, welfare, and safety of its residents ; and WHEREAS, construction and maintenance projects in the public rights-of-way may cause unexpected hazards and difficult driving conditions, creating health and safety risks to the public, including drivers, pedestrians, and workers; and WHEREAS, traffic control workers perform a critical role in ensuring public safety during construction and maintenance work in the city’s public rights-of-way; and WHEREAS, traffic control workers are exposed to health and safety hazards and risks, including the risks of serious injury and death; and WHEREAS, traffic control workers who work on public works projects for the City must be paid the prevailing wage required by the California Labor Code for public works projects; however, private employers currently may pay traffic control workers on non -public works projects significantly less for the same type of work in the City’s public rights-of-way; and WHEREAS, the California Department of Industrial Relations generally describes the prevailing wage rate as the basic hourly rate paid on public works projects to a majority of workers engaged in a particular craft, classification, or type of work within the locality and in the nearest labor market area (if a majority of such workers are paid at a single rate). If there is no single rate paid to the majority, then the single or modal rate being paid to the greatest number of workers is prevailing; and WHEREAS, studies have shown that the payment of applicable prevailing wage rate improves safety and reduces rate of injury and death among workers because workers who are paid the prevailing wage generally are more qualified, based on factors such as skill, training, and experience; and WHEREAS, the City desires to limit health and safety risks to the public and traffic control workers associated with construction and maintenance activities in the City’s public rights-of-way, by requiring private employers to pay no less than the prevailing wage rate paid for the same type of work on public works projects in San Diego County; and WHEREAS, on August 8, 2023, the City Council directed City staff to draft and present this ordinance for consideration; and Page 329 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 2 NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.73 is added to the Chula Vista Municipal Code to read as follows: Chapter 2.73 TRAFFIC CONTROL WORKER MINIMUM WAGE 2.73.010 Title This chapter is known as the “Traffic Control Worker Minimum Wage Ordinance,” may be cited as such, and will be referred to herein as “this chapter”. 2.73.020 Purpose and Intent The purpose of this chapter is to address the unique safety risks confronted by workers and users of City public rights-of-way by ensuring that, except in limited circumstances, all traffic control workers are paid a wage at least equivalent to the prevailing wage they would receive if they were working on a City public works project. 2.73.030 Definitions When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. “City” means the City of Chula Vista. “City Manager” means the City Manager of the City of Chula Vista, or designee. “Code” means the City of Chula Vista Municipal Code. “Employee” has the same meaning as Section 2775 in the California Labor Code. “Employer” means any Person, including a corporate officer or executive, who directly or indirectly, or through any other Person, including through the services of a temporary service, staffing agency, or similar entity, employs or exercises control over the wages, hours, or working conditions of any Employee. “Permit” means a City issued permit that includes a traffic control plan. “Person” means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination of Persons acting as a unit. Page 330 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 3 “Prevailing Wage” means the wage required by Labor Code Section 1720 et seq. to be paid to a worker on a public works or maintenance project in the location where the work is performed. “Public Works Project” means the construction, reconstruction, or repair of public buildings, streets, utilities, and other public works, including design-build contracts, construction manager at-risk contracts, and job orders. “Traffic Control Work” means the stopping, slowing, or otherwise guiding, directing or controlling of traffic pursuant to a Permit. “Traffic Control Worker” means any Person engaged in Traffic Control Work, excluding public agency Employees performing traffic control for a public agency. 2.73.040 Minimum Wage Required All Traffic Control Workers performing Traffic Control Work, as required by a Permit, shall be paid no less than the Prevailing Wage, except as follows: A. Traffic Control Work performed by an Employee in support of the construction, renovation, or repair of a single-family home, duplex, triplex, or accessory dwelling unit. B. Traffic Control Work performed by an Employee on any project costing $1,000 or less, as specified in California Labor Code Section 1771 or any subsequent cost threshold applicable to the payment of Prevailing Wage established by California law. C. Traffic Control Work performed by an Employee of a gas, electric, telephone, cable, or fiber utility company on any project where the Employee performs work for one hour or less per workday or one hour or less per shift. D. To the extent prohibited by law, or by a state or federal funding source requirement applicable to the work that is the subject of the Permit. 2.73.050 Retaliation No Employer shall discharge, terminate a contract with, reduce compensation to, or otherwise discriminate against or take adverse action against any Traffic Control Worker for opposing any practice prohibited by this chapter, for participating in proceedings related to this chapter, for seeking to enforce rights under this chapter by any lawful means, or for otherwise asserting rights under this chapter. Protections in this section shall apply to any Traffic Control Worker who mistakenly, but in good faith, alleges noncompliance with this chapter. Taking any adverse action against a Traffic Control Worker within 90 days of the Traffic Control Worker’s exercise of rights protected under this chapter shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. Page 331 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 4 2.73.060 Enforcement A. The City Manager may enforce this chapter in accordance with the provisions of CVMC Chapter 1.41. B. If an Employer ceases its business operations, or sells, exchanges, transfers, or otherwise disposes of the Employer’s business, then any Person that becomes a successor to the business shall be liable for any unpaid amounts owed under this chapter, if, at the time of the conveyance of the business, the successor has actual or constructive knowledge of the amounts owed as determined by the City. 2.73.070 Limitations A. Any waiver by a Traffic Control Worker of any or all of the provisions of this chapter or of rights or protections afforded under the authority of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. B. This chapter is not intended to, and shall not be interpreted to, conflict with federal or state law and shall be interpreted to be compatible with federal and state enactments, not limited to those dealing with employee/employer and labor relations, and in furtherance of the public purposes that those enactments encompass. C. This chapter does not create any cause of action for damages against the City. D. This chapter shall not be construed as limiting any Traffic Control Worker’s right to obtain relief to which the Traffic Control Worker may be entitled at law or in equity. Exhaustion of remedies under this chapter is not a prerequisite to the assertion of any right. E. This chapter shall not be construed to discourage or prohibit an Employer from providing higher wages to its Employees. 2.73.080 Promulgation of regulations, standards, and other legal duties A. The City Manager is authorized to establish, consistent with the terms of this chapter, any additional administrative rules, regulations and standards determined to be necessary to carry out the purposes of this chapter. B. Regulations shall be published on the City’s website and maintained and available to the public in the Office of the City Clerk. C. Regulations promulgated by the City Manager shall become effective and enforceable upon date of publication on the City’s website. Page 332 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance Page 5 2.73.090 Effective Date Any Permit issued by the City on or after January 1, 2024 shall be deemed to include the requirement to comply with this chapter. 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 Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 333 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 8.2 Implementation of Labor-Relations Referrals Chula Vista City Council September 12, 2023 Page 334 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda May 9th Labor Relations Ad-Hoc Subcommittee Recommendations 1.Address safety conditions & enhancements impacting traffic control workers 2.Develop a labor transparency ordinance, to be consistent with similar policies in SD region 3.Engage in process to develop a citywide Project Labor Agreement 2Page 335 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda August 8th Report and City Council Referral 1.Require PLAs for projects: 1.≥ $1 million construction cost and on City-Owned Property 2.Affordable Housing projects receiving ≥ $5 million in City funds 2.Require Citywide PLA for City CIPs ≥ $1 million 3.Contractor Reporting/Transparency Ordinance 4.Traffic Control Worker Minimum Wage Ordinance 5.Healthcare Worker Minimum Wage Ordinance 3Page 336 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Project Labor Agreements Ordinance A 4 Recommended Action •Place ordinance amending CVMC Chapter 2.59 and adding Chapter 2.71 “Project Labor Agreements” on 1st Reading •≥ $1M Construction Cost & on City property •Subsidized affordable housing receiving ≥ $5M City funds Page 337 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Project Labor Agreements Resolution B 5 Recommended Action •Approve resolution adopting a Project Labor Agreement Policy establishing guidelines for the use of PLAs on City CIPs with a construction cost of $1M or more at time of award Page 338 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Labor Transparency Ordinance C Substantive Changes from August 8th Version: 1.Defined and exempted Emergency Utility Permit Work 2.Clarified application of the ordinance to projects that require a pre-construction meeting with the City 3.Clarified that info must be provided prior to work 4.Clarified that no license reporting if no license required 6Page 339 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Labor Transparency Ordinance C Substantive Changes from August 8th Version: 5.Allow for sworn attestation of contractor re: labor enforcement actions 6.Clarified application to work done without a permit per franchise agreement 7.Removed escalation to permit revocation 8.Clarified that continued violations on same permit may result in additional and extended stop work periods, up to 180 days 7Page 340 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Labor Transparency Ordinance C Recommended Action 2.72.040(C) Duty to Update Changed Information At any time between Permit issuance and final inspection, if a change occurs in any information submitted to the City pursuant to Section 2.72.040(AB) of this chapter, the Permittee shall submit updated information to the City within 72 hours of Permittee’s knowledge of such change, excluding weekends and Holidays. •Place ordinance adding Chapter 2.72 “Construction Contractor and Subcontractor Reporting” on 1st reading 8Page 341 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Traffic Control Worker Minimum Wage Ordinance D Overview: •Based on County & City of SD ordinances •Applies to Employees doing Traffic Control Work pursuant to City Permit with Traffic Control Plan •Requires payment of at least Prevailing Wage •Prohibits retaliation •City Manager to enforce pursuant to CVMC Chapter 1.41 •Applies to permits issued on or after January 1, 2024 9Page 342 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Traffic Control Worker Minimum Wage Ordinance D 10 Recommended Action 2.73.040(C) Minimum Wage Required Traffic Control Work performed by an Employee of a gas, electric,telephone,cable,or fiber utility company on any project where the Employee performs Traffic Control wWork for one hour or less per workday or one hour or less per shift. •Place ordinance adding Chapter 2.73 “Traffic Control Worker Minimum Wage” on 1st reading Page 343 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Next Steps Recommended Next Steps: A.Citywide CIP PLA: Continue negotiating agreement with trades B.PLA Ordinance: 2nd reading + 30 days C.Contractor Reporting: DSD to begin systems implementation, testing, and training D.Traffic Control Worker Minimum Wage: Return to City Council with enforcement plan 11Page 344 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Recommendation: Council place Ordinances A, C, & D on 1st reading, with minor textual modifications presented Council adopt Resolution B 12Page 345 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Item 8.2 Ordinance E Chula Vista City Council September 12, 2023 Page 346 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Healthcare Worker Minimum Wage Ordinance E Overview: 1.Based on local initiative and City of Los Angeles ordinance 2.Applies to “Covered Healthcare Facilities” a.Private owned b.Hospitals c.Community clinics d.Health centers e.Facilities that are part of an Integrated Healthcare System 14Page 347 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Healthcare Worker Minimum Wage Ordinance E Overview: 3.Applies to “Covered Healthcare Workers” a.Provide or support provision of healthcare at a Covered Healthcare Facility b.Primary employment at covered site c.Clinicians, professionals, non-professionals, nurses, certified nursing assistants, aides, technicians, maintenance workers, janitorial or housekeeping staff, groundskeepers, guards, food service workers, laundry workers, pharmacists, administrative workers, and business office clerical workers. 15Page 348 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Healthcare Worker Minimum Wage Ordinance E Overview: 4.$25 minimum wage effective January 1, 2024 5.CPI increase each January 1 thereafter 6.No retaliation 7.City Manager to enforce pursuant to CVMC Chapter 1.41 8.Civil cause of action authorized 16Page 349 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Healthcare Worker Minimum Wage Senate Bill 525 Overview: 1.Passed Senate on May 31, 2023 2.Assembly vote September 14, 2023 3.Expected to pass and be signed into law by October 14 4.Various amendments at play 1.Phased in increase 2.Starting between $18 and $23 per hour 3.Get to $25 per hour between June 2026 and 2033 17Page 350 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Healthcare Worker Minimum Wage Senate Bill 525 Overview: 5.Preempts local ordinances until January 1, 2034 6.Voids local ordinances effective September 6, 2023 or later 18Page 351 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Recommendation: Council provide feedback on draft Healthcare Worker Minimum Wage Ordinance Staff to report back on SB 525 at next City Council meeting 19Page 352 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: Marcy Weaver Wri tten Communications Item 8.2 -Weaver Sent: Monday, September 11, 2023 8:32 AM To: John Mccann <jmccann@chulavistaca.gov>; Jose Preciado <jpreciado@chulavistaca.gov>; Carolina Chavez <cchavez@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov> Cc: Maria Kachadoorian <mkachadoorian@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov>; Becky Cortez · David Polansky ; Dolores Jackson ·Patricia Alvarez 111!11!11!11!11!1.l!ll!ll!I•; Rick King ; Susy Villegas ; William A Hall Subject: [SUSPECTED SPAM] Letter on behalf of the Chula Vista Chamber of Commerce I You don't often get email from earn wh this is im ortant WARNING -This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Honorable Mayor and Members of the Chula Vista City Council, I hope this message finds you well. I wish to bring to your attention an issue regarding an email that was sent yesterday but was subsequently returned to the sender. It is crucial that this correspondence reaches you, as it pertains to a matter of significant importance to our community. For your convenience, I have included the email in question below for your reference. Sincerely, Marcy Weaver CEO Chula Vista Chamber of Commerce Chula Vista Convention and Visitors Bureau 233 Fourth Avenue Chula Vista, CA 91910 Wor� Cell- From: Marcy Weaver Sent: Sunday, September 10, 2023 2:34 PM To: 'jmccann@chulavistaca.gov'; 'jpreciado@chulavistaca.gov'; cchavez@chulavistaca.gov; Alonso Gonzalez (agonzalez@chulavistaca.gov); 'acardenas@chulavistaca.gov' Cc: 'mkachadoorian@chulavistaca.gov'; 'cityclerk@chulavistaca.gov'; Becky Cortez ; David Polansky; Dolore s Jackson; Patricia Alvarez; Rick King; Susy Villegas; William A Hall Subject: Letter on behalf of the Chula Vista Chamber of Commerce Received 9/11/2023 mailto:marcy@chulavistac hamber.org mailto:jmccann@chula vistaca.gov mailto:jpreciado@chula vistaca.govmailto:cchavez@chula vistaca.gov mailto:agonzalez@chula vistaca.govmailto:acardenas@chula vistaca.gov mailto:mkachadoorian@chul avistaca.gov mailto:CityClerk@chula vistaca.govmailto:becky@lifeofgra titude.org mailto:DPolansky@c opylink.netmailto:dj@lolitasmexica nfood.com mailto:patricia.alvarez@ XEWT12.TVmailto:rick.king@s harp.com mailto:svprcommunications @gmail.commailto:vivistar1@ gmail.com mailto:reportphishing@chula vistaca.gov mailto:marcy@chulavistachamb er.org mailto:cchavez@chul avistaca.govmailto:agonzalez@chul avistaca.gov mailto:becky@lifeofgr atitude.org mailto:marcy@chulavis tachamber.org https://aka.ms/ LearnAboutSenderId entification Page 353 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Dear Honorable Mayor and Members of the Chula Vista City Council, The Chula Vista Chamber of Commerce is writing to express strong opposition on the proposed ordinance of a $25 minimum wage for workers employed by healthcare providers in the City of Chula Vista. For your reference, we have attached our official letter of opposition, which provides a detailed overview of our concerns and objections regarding this proposed ordinance. Please do not hesitate to reach out if you have any questions or require further information. Thank you for your time and consideration. Sincerely, Marcy Weaver CEO Chula Vista Chamber of Commerce Chula Vista Convention and Visitors Bureau 233 Fourth Avenue Chula Vista, CA 91910 Work (619) 420-6603 Cell ( Written Communications Item 8.2 - Weaver Received 9/11/2023 Page 354 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 233 Fourth Avenue | Chula Vista, CA 91910 | 619.420.6603 | fax 619.420.1269 | www.chulavistachamber.org Board of Directors President Susana Villegas President Elect Patricia Alvarez Past President William Hall Vice Presidents Dolores Jackson Rick King David Polansky Dr. Matthew Tessier Directors Roberto Alcantar Risa Baron Becky Cortez George Ching Zulema Maldonado Jesse Navarro Joyce Padilla Sassan Rahimzadeh Dr. Eduardo Reyes Jack Straw Kyle Strong Jennifer Tabler Alberto Velasquez CEO Marcy Weaver September 10, 2023 Honorable Mayor and Members of the Chula Vista City Council, On September 6, 2023 the Chula Vista Chamber of Commerce Executive Committee conducted a session devoted to examining the facts, consequences and potential impacts of the adoption of a $25 per hour minimum wage, applicable to healthcare providers, a topic that will be considered by the Chula Vista Mayor and Council. We had the opportunity to speak with certain stakeholders, large and small business operators, and Chamber members. We were extremely concerned by some of the possible impacts and consequences associated with a mandated $25 per hour minimum wage. The unintended consequences discussed included: the need to reduce non-reimbursable services to the uninsured and indigent the need to reduce certain categories of service that are now operating at a breakeven point or a loss, such as women’s healthcare, planned parenthood, prenatal care, and mental health services. wage competition between healthcare providers and non-healthcare providers for certain categories of support services, such as our restaurant / cafeteria workers, unlicensed caretaking staff, janitorial and landscaping services the reduction of Chula Vista healthcare facilities, third-party clinics, out-patient clinical staff, and marginally-performing operating entities It became clear that there are potentially a myriad of impacts and consequences that could affect healthcare quality and choices for the residents of Chula Vista. The two major Chula Vista hospitals, including the largest private employer in the City, with the highest average per capita payroll, as well as the second largest full-service hospital, are both operating at a significant deficit. Both hospitals are sustained by revenues generated in their mid and north county healthcare operations. Our City Council would be prudent to gather the factual data, through an objective, independent study, to project the probable consequences of this proposed action and the impacts that this proposal will have on their constituents, our city budget, and area businesses. As a Chamber, after a review of the factors facing our city’s healthcare providers, we cannot support the ordinance under consideration which will precipitously increase the healthcare sector minimum wage. If necessary, with Council’s concurrence, the Chula Vista Chamber of Commerce stands ready to help gather funds for an independent study of the impacts this action may have on the welfare of our citizens, one of our major industry sectors, and the many small and medium businesses sustaining our city’s economy. Sincerely, Marcy Weaver CEO Chula Vista Chamber of Commerce Page 355 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: Hannah Gbeh < Sent: Monday, September 11, 2023 3:13 PM To: Tiffany Allen <TAllen@chulavistaca.gov>; Laura Black <lblack@chulavistaca.gov>; Jose Preciado jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea Cardenas acardenas@chulavistaca.gov>; Cynthia Kaui <ckaui@chulavistaca.gov>; Carolina Chavez cchavez@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Jarred Cole jcole@chulavistaca.gov> Subject: Agenda Item 8.2 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov September 11, 2023 To: Mayor John McCann (via electronic submittal) Councilmember Carolina Chavez Councilmember Jose Preciado Councilmember Alonso Gonzalez Councilmember Andrea Cardenas Subject: Agenda Item 8.2 Dear Honorable Members of the City of Chula Vista City Council: The housing crisis is urgent and is affecting every community and every incomelevel in our region. Please do not add additional regulations that will further collapse the housing market. The City’s current proposals related to a Subcontractor Transparency Ordinance, a Prevailing Wage Ordinance and Project Labor Agreements (PLA) will further collapse an already struggling housing market in our region. Project Labor Agreements (PLAs) for Affordable Housing Project Please remove the requirement for PLAs on Affordable Housing Projects. Requiring PLAs on Affordable Housing Projects will result in less affordable housing units being built within the City of Chula Vista. A PLA requirement adds approximately $43,000 per housing unit to projects covered by the agreement — a 14.5 percent increase in construction costs. Simulations of affordable development housing projects indicate that more than 800 additional housing units can be produced with the same level of funding under a non-PLA scenario. Prevailing Wage Ordinance There is current, ongoing litigation in the unincorporated County of San Diego that is directly applicable to the City’s prevailing wage ordinance for traffic control workers. Please wait and see what the court does before passing a similar ordinance. Subcontractor Transparency Ordinance This ordinance is setting contractor’s up for failure and will create additional administrative burdens that greatly open the door for inadvertent clerical oversights and extended stop work periods. Written Communications Item #8.2 - Gbeh Received 9/11/2023 mailto:Hannah@biasa ndiego.org mailto:TAllen@chula vistaca.gov mailto:lblack@chulav istaca.govmailto:jpreciado@chula vistaca.gov mailto:agonzalez@chula vistaca.govmailto:acardenas@chula vistaca.gov mailto:ckaui@chulav istaca.govmailto:cchavez@chula vistaca.gov mailto:jmccann@chula vistaca.govmailto:jcole@chulav istaca.gov mailto:reportphishing@chula vistaca.gov Page 356 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2.72.040 (B) – This section is impossible to manage and totally unnecessary given the inspection hold language. The City is conditioning a City preconstruction meeting on providing subconsultant information, but in reality, when City preconstruction meetings are held, a only select numbers of subconsultants are able to be identified. 2.72.050( C) –With respect to 180 days of stop work, if a permit doesn’t have an inspection within 180 days it is cancelled anyways. Therefore, this is a de facto revocation of permit. We appreciate your consideration in our comments and request you vote no on these items. Sincerely, Hannah Gbeh Vice President of Government Affairs Building Industry Association of San Diego County Sources: 1. The Effects of Project Labor Agreements on the Production of Affordable Housing. https://www.rand.org/pubs/research_reports/RRA1362-1.html Hannah Gbeh Vice President of Government Affairs Building Industry Association of San Diego County 9201 Spectrum Center Blvd. #110 San Diego, CA 92123 www.biasandiego.org Written Communications Item #8.2 - Gbeh Received 9/11/2023 https://www.rand.org/pubs/research_reports/ RRA1362-1.html mailto:kelly@bia sandiego.orghttp:// www.biasandiego. org/ Page 357 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: Nick Lee < Sent: Tuesday, September 12, 2023 1:12 PM To: John McCann <jmccann@chulavistaca.gov> Cc: Tiffany Allen <TAllen@chulavistaca.gov>; Kent Aden < Guy Asaro <CityClerk <CityClerk@chulavistaca.gov> Subject: Contractor Transparency Ordinance WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Mayor McCann, Attached is a letter detailing our requested change to the Contractor Transparency Ordinance being considered tonight as part of agenda item 8.2. Please let us know if you have any questions. Best regards, Nick Lee, PE Chief Operating Officer 610 W. Ash Street, Suite 1500 | San Diego | CA 92101 619.234.4050 x115 Office | This email, and any attachments, may contain confidential information and is intended solely for the attention and use of the intended recipient(s). It must not be disclosed to any other person(s) without authorization. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are not authorized to, and must not, disclose, copy, distribute, or retain this message or any part of it. If you have received this communication in error, please notify the sender immediately. Written Communications Item 8.2 - Lee - Received 9/12/23 Page 358 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Written Communications Item 8.2 - Lee - Received 9/12/23 Page 359 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: Leila Khader < Sent: Tuesday, September 12, 2023 3:56 PM To: cityclerk@chulavista.gov <cityclerk@chulavista.gov> Subject: PRESENTATION: Agenda Item 8.2 Hi there, I will be speaking in favor of the agenda item 8.2 Healthcare Worker Minimum Wage tonight and would like to do a presentation. The attached documents are what I will be reading off, and the "supplemental documents" are what I would like to show on the camera. Thank you Best Regards, Leila Khader Regional Political Organizer SEIU-UHW Written Communications Item 8.2E - Khader Received 9/12/23 mailto:lkhader@sei u-uhw.org mailto:cityclerk@chul avista.gov mailto:cityclerk@chul avista.gov Page 360 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 1 Impact Report: Benefits of a $25 Minimum Wage for Chula Vista Healthcare Workers INTRO Good evening Chula Vista City Council. My name is Leila Khader and I am a political organizer for SEIU- UHW. We represent over 100,000 healthcare workers in California. I’m here before you today standing with the workers of our community from local healthcare facilities, clinics, and dialysis clinics Not only are we here to advocate for a living wage for these workers, but we are also here to advocate to keep our communities safe. BACKGROUND As the COVID-19 pandemic has progressed over recent years, legislation to increase the minimum wage for healthcare workers has been proposed throughout California. This movement seeks to positively impact the lives of healthcare workers subject to the increase as well as the quality and availability of healthcare services provided to patients. According to an October 2022 survey conducted by AMN Healthcare, 85% of hospitals, medical groups, home health providers and other healthcare facilities are experiencing a shortage of healthcare workers. It has also been reported that 47% of healthcare workers are planning on leaving the industry by 2025. A minimum wage ordinance for healthcare workers is aimed at ensuring covered healthcare workers receive an adequate living wage and addressing worker retention challenges in covered facilities, among other purposes. The proposed ordinance would set a minimum wage for covered workers of 25 an hour. THE POSITIVE IMPACT OF MINIMUM WAGES The table here briefly summarizes a selection of publications and writings that support minimum wage implementation and increases. (SHOW TABLE 1) The main objective of minimum wage increases such as THIS proposed in Chula Vista is to raise incomes and improve living standards of low-wage workers, while reducing inequality. Minimum wage increases have been shown to result in little to no economic disruption while also leading to several potential economic benefits. In models analyzing minimum wages in terms of efficient worker search and job matching, minimum wages have been shown to lead to more job creation. The higher minimum wage makes employment more attractive relative to unemployment for prospective workers, thus leading to increased job search effort by unemployed workers. By potentially increasing the pool of workers looking for a job as well as the intensity of their job Written Communications Item 8.2E - Khader Received 9/12/23 Page 361 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 2 search, minimum wages can lead to better matches between prospective employers and employees. Therefore, employment levels could increase due to a minimum wage increase.i SEIU-UHW anticipates that in Chula Vista, the proposed minimum wage increase could reduce job turnover among healthcare workers, especially among lower paid workers like Patient Care Technicians and Certified Nursing Assistants, who leave their positions at higher rates than any other occupations in hospital settings.iiThis turnover is costly for businesses and may impact the quality of care that can be provided at facilities where turnover for such positions is high. As a result, covered healthcare facilities and patients stand to benefit from reduced turnover if the proposed minimum wage is implemented. In addition, the healthcare industry is not experiencing full employment since there is not a sufficient supply in the labor market of the positions that are short-staffed, especially among lower-wage workers.iii Increasing wages may STIMULATE supply among workers applying for these positions, thereby addressing the understaffing crisis affecting many healthcare facilities. The proposed minimum wage would serve as a TOOL to decrease inequality in Chula Vista by closing wage gaps in the healthcare industry. With lower-wage healthcare jobs being highly represented by women and workers of color,iv this could potentially reduce racial and gender wage gaps in the private healthcare sector. Additionally, Community Clinics are a key component of California’s health care delivery safety net and there will be 17 clinics impacted in Chula Vista. Community clinics are currently suffering large vacancies and high staff turnover as employers struggle to compete in the employer market to retain key classifications. A 2022 industry survey identified unparalleled staff turnover: turnover in 2022 was over 30% Statewide and over 35% in the San Diego/Imperial/Inland Empire region, 3 times higher than what it had been in 2020. ECONOMIC IMPACT OF THE PROPOSED HEALTHCARE MINIMUM WAGE: STATEWIDE (SB 525) While SB 525, the statewide healthcare worker minimum wage legislation that is pending before the California Legislature, differs in scope from the ordinance under consideration by the City Council, recent analysis conducted by the UC Berkeley Labor Center of the impact of SB 525 is helpful in understanding the need for and likely impact of the proposed Chula Vista ordinance. The UC Labor Center produced two reports analyzing the impact of raising wages to $25 for healthcare workers statewide.v Some of the most relevant findings are: The proposed wage increase would result in substantial benefits to health care workers and their families, in particular low-wage health care workers.” Women and workers of color are disproportionately impacted relative to their average representation in the industry: workers of color account for more than three quarters (76.0%) of affected workers. Most affected workers (70.5%) have education attainment beyond high school, reflecting the training requirements in the industry. Written Communications Item 8.2E - Khader Received 9/12/23 Page 362 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 3 Affected workers are twice as likely as health care workers on average to be in families with incomes below 200% of the federal poverty level (25.7% v. 12.3%) Affected workers are less likely to have access to employer-provided health insurance: 30.1% do not have employer-provided health insurance, more than one and a half times the share for all health care workers (18.8%). Almost half (48.8%) of families with a health care worker affected by the proposed minimum wage increase are enrolled in public safety net programs and raising the health care minimum wage would help reduce these working families’ need to rely on public safety net programs. The estimated percentage change in operating costs for hospitals due to increased payroll is just 1.1%, which does not include the additional savings from increased productivity or reductions in hospitalizations due to improvements in care quality. Number of Workers Impacted and Costs At the City of Chula Vista, we would not have any UHW members impacted by the higher minimum wage. SEIU-UHW also does not have access to data showing the total number of workers making less than 25.00/hour in all facilities covered by the proposed ordinance. However, the union can provide some examples below of average hourly rates paid to workers in certain relevant employee classifications: The average hourly rate for aides and orderlies reported by Sharp Chula Vista Medical Center is 22.16 in 2022.vi Source: CA Employment Development Department, Occupational Employment and Wage Statistics (OEWS), 2023 1st Quarter, San Diego-Carlsbad Metropolitan District. Cost of Living The cost of living for workers in Chula Vista far outpaces minimum wage growth. Raising wages will help workers afford childcare, gas, rent, and groceries and so many other expenses. According to the MIT Living Wage Calculator, the living wage in San Diego County household with two working adults and two children is $30.80 an hour for each adult.vii Housing costs are often out of reach for minimum wage workers: Average Cost of 1-Bedroom Apartment in Chula Vista: $2,492viii Average Cost of House in Chula Vista: $727Kix For workers who currently earn $22.16 per hour, their salary before taxes equates to roughly $46,092.80 a year, assuming full time employment. The annual cost of a one-bedroom apartment in Chula Vista equates to 29,904, or 65% of their annual salary before taxes. COUNTERING THE INDUSTRY’S ANTICIPATED ARGUMENTS OPPOSING A $25 MINIMUM WAGE FOR HEALTHCARE WORKERS – (SHOW DOCUMENT 2) 1) Anticipated Claim: Healthcare Industry Can’t Afford a Minimum Wage Written Communications Item 8.2E - Khader Received 9/12/23 Page 363 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 4 As mentioned above, the estimated cost of a $25 wage to the hospital industry is just 1.1% of operating costs, which doesn’t even assume any other cost trade-offs that could net out some of the potential increase e.g. improvements in quality of care. While a small number of hospitals have seen losses during the pandemic, the combined net income of all hospitals operating in California was still over $20 billion for 2020 and 2021 combined and the industry as a whole has raked in over $63 billion in profits from 2017-2021.x The average California hospital has a net worth of 339 million. In total, the hospital industry holds roughly $120 billion in net assets.xi On top of the industry’s already substantial wealth, the California Governor has recently approved a budget deal to renew the managed care organization (“MCO”) tax which expired in 2022. The renewed MCO tax is anticipated to generate over $32 billion in state and federal dollars over the next 4 xii Approximately $2.7 billion xiiihealth and workforce investments. California hospitals are due to receive $750M annually from the MCO tax starting in 2025. In addition, there are one-time funds to support distressed hospitals totaling $350 million, which hospitals can apply to drawn down starting in 2023-24.xiv 2) Anticipated Claim: Proposed Minimum Wage Will Increase Healthcare Costs and Result in Reduced Services California has a healthcare worker shortage that predates the COVID-19 pandemic, and the state made much needed investments to address this in the previous year’s budget cycle: $1.3 billion in hospital and nursing home worker retention bonuses and an additional $70 million in clinic workforce stabilization payments. While these efforts are welcome, raising the minimum wage for healthcare workers is necessary to address workforce shortages in the longer term and will also help level the playing field in terms of competition from both within the healthcare sector and outside of it. The high cost of living in California is a central reason for the current workforce shortage and healthcare workers needs to be paid a living wage for the industry to stand a chance of retaining skilled workers.xv Turnover costs are a source of waste and inefficiency in the healthcare industry, and one that can be reduced by raising the minimum wage for healthcare workers. A recent survey found that healthcare worker pay satisfaction was the lowest across 27 industries and some 38% of healthcare workers are at risk of burnout and 39% are considering leaving their organization. xviii xvi Industry experts estimate the average cost of turnover across all occupations in the healthcare industry can range up to 150% of a mid-level employee’s salary.xvii For example, the average cost of turnover for a bedside RN is estimated at $46,100. Given the dramatic rise in turnover in 2021, the average hospital lost more than $7 million. The data tells us that decreasing turnover rates should be top of mind for healthcare facilities in order to protect their profits as well as their reputation.xix The high cost and inefficiency of contract labor is another cause of high healthcare costs. Labor costs have risen during the pandemic in large part due to increase reliance on contract labor, which resulted in a 37% increase in labor expenses per patient.xx Hospital CEOs have reported paying $200 or more an hour for travel nurses.xxi Contract nurses’ median hourly wages more than doubled from 2019 to 2022, from $64 an hour to 132 an hour, while employed nurse wages increased 11% over that period, from $35 an hour to $39 an Written Communications Item 8.2E - Khader Received 9/12/23 Page 364 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 5 hour, according to a Kaufman Hall report. xxiii xxii Another report suggests that the increased reliance on contract workers was made possible in part by federal funds and now that this funding is ending hospitals need to address employee retention through additional pay and benefit strategies. (Healthcare providers in CA have benefitted from almost $13B in federal relief funds to date.)xxiv Out of control administrative costs are another area of inefficiency and waste. While the industry cites low Medi-Cal reimbursements, increased labor costs, as well as workforce shortages for their perceived financial woes, their industry executives are benefitting from very generous salary and benefit packages. Previous national research has found that “hospital CEO compensation escalated by 93% from 2005 to 2015, even faster than hospital price inflation.xxv In California, more than 170 hospital executives are paid more than $1 million a year.xxvi However, it should be noted that frontline clinical workers have not fared as well as hospital executives. On average, family medicine physicians’ wages rose 22.7% from 2010 to 2019, while registered nurses’ wages rose only 14.8%, from $57,870 in 2010 to $66,440 in 2019 across the nation.xxvii xxviii Other non-patient care administrative spending in the hospital industry is also high. Hospitals spent an estimated $250 billion on administration in 2019, without even including spending on executives. Healthcare employers can meet the minimum wage requirements of the proposed ordinance without reducing services or increasing costs for consumers by eliminating operational waste and inefficiencies of these kinds. 3) Anticipated Claim: A $25 Minimum Wage Will Result in Fewer Jobs Research has consistently shown that minimum wage floors do not result in fewer jobs. In evaluating minimum wage increases, it’s important to remember that workers are also customers. Increasing the minimum wage increases consumer spending. Indeed, with increased wages, businesses see lower employee turnover, which reduces hiring and training costs (as previously described in the prior section); decreased employee financial stress and increased morale; increased productivity; lower error and accident rates; less product waste; and better customer service. In important recent research, Are $15 Minimum Wages Too High? UC Berkeley Economists analyzed California’s experience raising the minimum wage from $8 in 2014 to $15 in 2022. “In the same period, 38 California localities raised and indexed their minimum wages above the state level. These increases are considerably larger than those previously studied. … We find substantial and ongoing pay increases throughout the treatment period and find no significant disemployment effects, even in relatively low-wage counties.”xxix 4) Anticipated Claim: Minimum Wage for Healthcare Workers Treats Employees Inequitably The proposed ordinance, if adopted, would raise the bar for the workforce as a whole. In the economic literature this effect has been called the Lighthouse Effect, whereby raising wages in one area of the economy can have the effect of establishing a new standard for other workers to reference in their own wage negotiations.xxx Written Communications Item 8.2E - Khader Received 9/12/23 Page 365 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 6 SHOW DOCUMENT: In 2022, SEIU-UHW launched efforts in Los Angeles County cities to raise the minimum wage. The same year, City Councils in Los Angeles, Downey, and Long Beach passed $25 minimum wage ordinances for health workers, and voters in Inglewood passed a voter initiative in November establishing a $25 per hour minimum wage for workers in covered healthcare facilities. This year, the City of Lynwood passed a $25 minimum wage ordinance for healthcare workers. However, apart from Inglewood where this was passed and there were no closures directly related to the minimum wage increase, workers have not reaped the benefits of their local ordinances because the same hospitals that cried broke, spent millions of dollars referendizing our efforts. CLOSING: I have heard many heartbreaking stories from workers about the trauma they endured during the pandemic to this day. They were on the frontlines while we stayed home. They were neglected PPE and safe working conditions. They continued to show up each and every day to a workplace they could’ve left to make more money at. I encourage you to listen closely to their stories. Listen closely and think of your loved ones in their hands. Listen closely as they are the backbone of keeping our communities safe. I thank you for your time and urge the city to move forward with no amendments to our ordinance language. i Ibid. See also Cahuc, P. and Zylberberg, A. 2004. Labor Economics. Cambridge: The MIT Press. ii 2023 NSI National Health Care Retention & RN Staffing Report. NSI Nursing Solutions, Inc. https://www.nsinursingsolutions.com/Documents/Library/NSI_National_Health_Care_Retention_Report.pdf (see page 9) iii Mercer, U.S. Healthcare Labor Market Report. 2021. https://www.mercer.us/content/dam/mercer/assets/content- images/north-america/united-states/us-healthcare-news/us-2021-healthcare-labor-market-whitepaper.pdf iv Sex, Race, and Ethnic Diversity of U.S. Health Occupations (2011-2015) (hrsa.gov); HRSA Area Health Resources Files https://data.hrsa.gov/topics/health-workforce/ahrf) v https://laborcenter.berkeley.edu/wp-content/uploads/2023/04/Proposed-health-care-minimum-wage-increase- FINAL.pdf, https://laborcenter.berkeley.edu/wp-content/uploads/2023/06/health-care-minimum-wage-effect-on-state- budget.pdf vi HCAI 2022 Individual Annual Financial Disclosure Reports – Summary Unaudited (California Department of Healthcare Access and Information). vii https://livingwage.mit.edu/counties/06073 viii https://www.rent.com/california/chula-vista-apartments/rent-trends. Accessed 05/05/23. ix https://www.redfin.com/city/3494/CA/Chula-Vista/housing-market. Accessed 05/05/23. x Excludes State and PHF facilities. Estimate derived from HCAI data and Kaiser annual financial audits. The sum total of net income for CA hospitals excluding Kaiser across FYs 2017-2021 is provided in HCAI Hospital Annual Financial Data, retrieved Written Communications Item 8.2E - Khader Received 9/12/23 https://laborcenter.berkeley.edu/wp-content/uploads/2023/04/Proposed-health-care-minimum- wage-increase-FINAL.pdfhttps:// laborce nter.ber keley.e du/wp- content/ uploads /2023/0 4/ Propos ed- health- care- minimu m- wage- increas e- FINAL. pdf https://laborcenter.berkeley.edu/wp-content/uploads/2023/06/health-care-minimum- wage-effect-on-state-budget.pdfhttps:// laborcen ter.berke ley.edu/ wp- content/ uploads/ 2023/06/ health- care- minimum -wage- effect- on-state- budget.p df https://livingwage.mit.edu/ counties/06073 Page 366 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda SEIU-UHW September 2023 7 from: https://data.chhs.ca.gov/dataset/hospital-annual-financial-data-selected-data-pivot-tables. To include Kaiser, the sum total of net income from Kaiser Hospitals for 2017-2021 was taken; as stated in each year’s audits, approximately 73- 74% of the system’s membership is in California; thus 74% of Kaiser’s systemwide net income was added to the HCAI net income total. xi From HCAI pivot data for 2021 (excludes Kaiser and state hospitals): Net assets/hospital: $ 80,272,980,293/320 = 250,853,063. Adding the 31 CA Kaiser hospitals, from 2021 audits: 74% membership CA * $52,780,000,000 net worth = 39,057,200,000. Estimate of total net assets/hospital in CA (excluding state hospitals): 80,272,980,293+$39,057,200,000)/351 = $339,972,024 xii Includes non-CA profits xiii https://lao.ca.gov/handouts/health/2023/MCO-Tax-053023.pdf xiv https://www.manatt.com/insights/newsletters/client-alert/2023-24-california-state-budget-finalized-health- c?utm_source=mondaq&utm_medium=syndication&utm_term=Food-Drugs-Healthcare-Life- Sciences&utm_content=articleoriginal&utm_campaign=article; https://www.dhcs.ca.gov/Budget/Documents/DHCS- MCO-Term-Sheet.pdf xv https://www.beckershospitalreview.com/workforce/why-california-hospitals-spend-the-most-on-contract-labor.html xvi https://www.healthcaredive.com/news/healthcare-worker-pay-satisfaction-lowest-all-industries-Qualtrics/640859/ xvii https://www.arborstaffing.com/2021/06/23/how-much-does-employee-turnover-in-health-care-cost-your-business/ xviii https://www.nsinursingsolutions.com/Documents/Library/NSI_National_Health_Care_Retention_Report.pdf xix https://www.dailypay.com/resource-center/blog/employee-turnover-rates-in-the-healthcare-industry/ xx https://www.hfma.org/finance-and-business-strategy/healthcare-business-trends/not-for-profit-hospital-outlook/; https://www.kaufmanhall.com/sites/default/files/2023-02/KH-NHFR_2023-02.pdf xxi https://calmatters.org/health/2023/01/hospital-closure/ xxii https://www.kaufmanhall.com/news/reliance-contract-labor-during-pandemic-means-higher-hospital-expenses xxiii https://www.healthleadersmedia.com/finance/how-hospitals-and-health-systems-can-keep-contract-labor-costs-down xxiv This includes non-hospital providers too. SEIU-UHW analysis. xxv Du, J.Y., A.S. Rascoe, R.E. Marcus. “The Growing Executive-Physician Wage Gap in Major US Nonprofit Hospitals and Burden of Nonclinical Workers on the US Healthcare System.” Clinical Orthopedics and Related Research 476(10): 1910- 1919. 2018. xxvi Analysis of fiscal 2021 990s for all nonprofit health systems in CA as categorized in HCAI, but also including Stanford Health and Community Medical Centers (Fresno), which are not categorized as such https://projects.propublica.org/nonprofits/HCA, Tenet and UHS SEC proxy statement filings DEF14A available here: https://www.sec.gov/edgar/searchedgar/companysearch; University of California medical center executives sourced here: https://transparentcalifornia.com/salaries/search/?q=Ceo+Med+Ctr&y=2021. xxvii United State Bureau of Labor Statistics. "Occupational Employment and Wages, May 2019: 29-1215 Family Medicine Physicians." Occupational Employment and Wages. Accessed 2023. 35 United State Bureau of Labor Statistics. "Occupational Employment and Wages — May 2010." United States Department of Labor. May 17, 2011. xxviii Nikhil Sahni, Prakriti Mishra, Brandon Carrus, David Cutler. “Administrative simplification: How to save a quarter-trillion dollars in US healthcare.” McKinsey. October 20, 2021. xxix Carl McPherson, Michael Reich and Justin C. Wiltshire, Are $15 Minimum Wages Too High?, Institute for Research on Labor and Employment, September 11, 2022. xxx http://www.ilo.org/global/docs/WCMS_462300/lang--en/index.htm Written Communications Item 8.2E - Khader Received 9/12/23 https://lao.ca.gov/handouts/health/2023/MCO- Tax-053023.pdfhttps://www.manatt.com/insights/newsletters/client-alert/2023-24-california-state- budget-finalized-health-c? utm_source=mondaq&utm_medium=syndication&utm_term=Food-Drugs- Healthcare-Life-Sciences&utm_content=articleoriginal&utm_campaign=article https://www.manatt.com/insights/newsletters/client-alert/2023-24- california-state-budget-finalized-health-c? utm_source=mondaq&utm_medium=syndication&utm_term=Food- Drugs-Healthcare-Life- Sciences&utm_content=articleoriginal&utm_campaign=article https://www.manatt.com/insights/newsletters/ client-alert/2023-24-california-state-budget- finalized-health-c? utm_source=mondaq&utm_medium=syndication &utm_term=Food-Drugs-Healthcare-Life- Sciences&utm_content=articleoriginal&utm_cam paign=article https://www.dhcs.ca.gov/Budget/Documents/ DHCS-MCO-Term-Sheet.pdfhttps :// www .dhc s.ca. gov/ Bud get/ Doc ume nts/ DHC S- MC O- Ter m- She et.pd f https:// www.dhcs.c a.gov/ Budget/ Documents/ DHCS- MCO-Term- Sheet.pdf https://www.beckershospitalreview.com/workforce/why-california-hospitals-spend-the- most-on-contract-labor.htmlhttps://www.healthcaredive.com/news/healthcare-worker-pay-satisfaction-lowest-all- industries-Qualtrics/640859/https://www.arborstaffing.com/2021/06/23/how-much-does-employee-turnover-in-health- care-cost-your-business/https://www.nsinursingsolutions.com/Documents/Library/ NSI_National_Health_Care_Retention_Report.pdfhttps://www.dailypay.com/resource-center/blog/employee-turnover-rates-in-the- healthcare-industry/https://www.hfma.org/finance-and-business-strategy/healthcare-business-trends/not-for- profit-hospital-outlook/https://www.kaufmanhall.com/sites/default/files/2023-02/KH- NHFR_2023-02.pdfhttps://calmatters.org/health/2023/01/ hospital-closure/https://www.kaufmanhall.com/news/reliance-contract-labor-during-pandemic-means- higher-hospital-expenseshttps://www.healthleadersmedia.com/finance/how-hospitals-and-health-systems-can-keep- contract-labor-costs-down https://projects.propublica.org/ nonprofits/https://www.sec.gov/edgar/searchedgar/ companysearch;https://transparentcalifornia.com/salaries/search/?q=Ceo% 2BMed%2BCtr&y=2021 https://irle.berkeley.edu/ files/2022/08/Are-15- Minimum-Wages-Too- High.pdf http://www.ilo.org/global/docs/WCMS_462300/lang-- en/index.htm Page 367 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Title Source Publication Year Summary Higher Wages for Low- Income Workers Lead to Higher Productivity” Peterson Institute for International Economics 2015 For decades, many economists have argued that raising the wages of low-income workers leads to higher productivity. This 2015 article summarizes economic literature on the relationship between increased wages and improved productivity, finding that higher wages motivate employees to work harder, attract more capable and productive workers, and reduce turnover, among other benefits. Raising the Minimum Wage Would Boost an Economic Recovery – and Reduce Taxpayer Subsidization of Low- Wage Work” Center for American Progress 2021 This 2021 article summarizes research on the impact of raising the minimum wage and argues that higher wages stimulate the economy, reduce taxpayer subsidization of social benefits such as SNAP, and reduce economic inequality. More specifically, minimum wage increases can lead to increased consumer spending, job growth, reduced enrollment in taxpayer-funded social programs, and reduced economic inequality along racial and gender lines. What a $15 Minimum Wage Means for Women and Workers of Color” National Employment Law Project 2016 This policy brief finds that a $15 minimum wage could decrease gender and racial wealth gaps and improve educational and health outcomes for children. A $15 minimum wage would cost jobs, right? Probably not, economists say” Berkeley News 2021 Research led by UC Berkeley economists has found that significant increases in the minimum wage have minimal impact on employer hiring decisions. In addition to reducing government spending on safety-net programs, a higher minimum wage could lead to increased economic development in low- wage areas, a reduction in the racial pay gap, reductions in crime, and improved health in children. Minimum Wages and Employment: A Case Study of the Fast-Food Industry in New Jersey and Pennsylvania” UC Berkeley 1993 This 1993 study of fast-food workers in New Jersey and Pennsylvania finds that increasing the minimum wage does not result in a reduction in employment. Businesses can thrive with a higher minimum wage” Economic Policy Institute 2021 Firms that pay higher wages may benefit from increases in productivity and innovation. The Payoffs of Higher Pay” Harvard University 2020 A working paper by Harvard University researchers found that higher wages help to retain workers, attract new workers, and improve productivity. Productivity increased, and turnover decreased when wages went up for warehouse and call center workers – a $1 increase for warehouse workers reduced the quit rate by 19%. The wage increases turned out to be a net benefit for the employer.xxxvi Written Communications Item 8.2E - Khader Received 9/12/23 https:// www.piie.co m/blogs/ realtime- economic- issues- watch/ higher- wages-low- income- workers- lead-higher- productivity https:// www.piie.co m/blogs/ realtime- economic- issues- watch/ higher- wages-low- income- workers- lead-higher- productivity https:// www.piie.co m/blogs/ realtime- economic- issues- watch/ higher- wages-low- income- workers- lead-higher- productivity https:// www.piie. com/ blogs/ realtime- economic -issues- watch/ higher- wages- low- income- workers- lead- higher- productivi ty https:// www.americ anprogress. org/article/ raising- minimum- wage-boost- economic- recovery- reduce- taxpayer- subsidizatio n-low-wage- work/ https:// www.americ anprogress. org/article/ raising- minimum- wage-boost- economic- recovery- reduce- taxpayer- subsidizatio n-low-wage- work/ https:// www.a merican progres s.org/ article/ raising- minimu m- wage- boost- econom ic- recover y- reduce- taxpaye r- subsidi zation- low- wage- work/ https:// www.nelp.or g/wp- content/ uploads/ Policy- Brief-15- Minimum- Wage- Women- Workers-of- Color.pdf https:// www.nelp.or g/wp- content/ uploads/ Policy- Brief-15- Minimum- Wage- Women- Workers-of- Color.pdf https:// www.nelp. org/wp- content/ uploads/ Policy- Brief-15- Minimum- Wage- Women- Workers- of- Color.pdf https:// news.berkel ey.edu/2021 /03/18/a-15- minimum- wage- would-cost- jobs-right- probably- not- economists- say/ https :// news .berk eley. edu/ 2021 /03/1 8/ a-15- mini mum - wage - woul d- cost- jobs- right- prob ably- not- econ omist s- say/ https:// davidcard. berkeley.e du/papers/ njmin- aer.pdf https:// www.epi.org /blog/ businesses- can-thrive- with-a- higher- minimum- wage-and- government -can-help/ https:// www.epi.org /blog/ businesses- can-thrive- with-a- higher- minimum- wage-and- government -can-help/ https:// www.e pi.org/ blog/ busines ses- can- thrive- with-a- higher- minimu m- wage- and- govern ment- can- help/ https:// scholar.harv ard.edu/ files/ nataliaeman uel/files/ emanuel_jm p.pdf https:// scholar.h arvard.e du/files/ nataliae manuel/ files/ emanuel _jmp.pdf Page 368 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2020-2022 System Profitsviii Scripps Health: $380.4 million Sharp Healthcare: $654 million Fresenius Medical Care: $2.9 billionix DaVita: $2.3 billionx Executive Pay System Executive Compensation Scripps Health Christopher Van Gorder President and CEO/Trustee, Scrips Health) 2,140,192 (2020)xii Sharp Healthcare Daniel L. Gross (EVP Hospital OPS at Sharp Healthcare) Christopher A. Howard President and CEO) 2,028,142 (2020)xiii 1,665,592 (2020)xiv Fresenius Medical Care Rice Powell (CEO and Chairman of the Management Board) 5.9 millionxv (2021)xvi DaVita, Inc. Javier Rodriguez (CEO) $73.4 million (2020)xvii Written Communications Item 8.2E - Khader Received 9/12/23 Page 369 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Referendum Campaigns Campaign Committee Amount LA City Referendum (LOS ANGELES HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY INITIATIVE) $ 3,907,294.95 NO ON MEASURE HC - INGLEWOOD HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY INITIATIVE, SPONSORED BY THE CAHHS $ 2,704,039.18 Long Beach Referendum (LONG BEACH HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY INITIATIVE, SPONSORED BY THE CAHHS) 1,748,399.23 NO ON MEASURE J - DUARTE HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY INITIATIVE, SPONSORED BY THE CALIFORNIA AS $ 1,135,462.90 Downey Referendum (DOWNEY HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY INITIATIVE, SPONSORED BY THE CAHHS) $ 411,513.04 Monterey Park Referendum (MONTEREY PARK HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY INITIATIVE, SPONSORED BY THE CAHHS) 51,013.28 Lynwood Referendum (LYNWOOD HEALTH CARE WORKERS AND PROVIDERS AGAINST THE UNEQUAL PAY ORDINANCE, SPONSORED BY CALIFORNIA ASSOCIATION OF HOSPITALS) $ 101,300.00 Total $10,059,022.58 Written Communications Item 8.2E - Khader Received 9/12/23 Page 370 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: Rebecca Chivatakarn Sent: Tuesday, September 12, 2023 9:16 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: $25 minimum wage WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Financial equity is human equity, give our healthcare workers a $25 minimum pay wage. You don't often get email from Learn why this is important Written Communications Item 8.2E - Chivatakarn Received 9/12/23 mailto:CityClerk@chula vistaca.gov mailto:reportphishing@chula vistaca.gov mailto:rebecca.chivata karn@gmail.com https://aka.ms/ LearnAboutSender Identification Page 371 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda From: T. Kal Lomu < Sent: Tuesday, September 12, 2023 6:38 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Ecomment 9/12/23 WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov I am a healthcare worker in Chula Vista. I’m from the South Bay so serving the community I come from makes me immensely proud. Especially being able to work at sharp. I’ve been treated there, friends and family have been treated there, I’ve said goodbye to family members there, and i was born there. I’m not a nurse but I’m slowly working on it, I can’t afford to go part time at work even though that would help me do school quicker. But I’m also not sure I can afford to keep working here. I’m the last two months I’ve been not sure if I could pay rent or put food on the table because of how low my income is. I interview new employee, I train new employees, I train new nurses and transition in practice nurses, and I’m gonna start teaching a class for nurses who want to step up their level of care… and I’m barely making ends meat. My car didn’t start for my shift and I didn’t have enough money to fix it, I had to learn how to fix it myself through YouTube. Raising healthcare workers minimum to $25 an hour will help people like me be able to keep helping people like you and your families. Thank you You don't often get email from Learn why this is important Written Communications Item 8.2E - Lomu Received 9/12/23 mailto:tevitalomu1995@ gmail.com mailto:CityClerk@chula vistaca.gov mailto:reportphishing@chula vistaca.gov mailto:tevitalomu19 95@gmail.com https://aka.ms/ LearnAboutSender Identification Page 372 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda v . 0 03 P a g e | 1 September 12, 2023 ITEM TITLE Employee Compensation and Positions: Approve Amended Classification Plan and Compensation Schedule; Position Counts in Departments; Revised Ordinance; Revised Compensation Schedule; and Updated Conflict of Interest Code Report Number: 23-0221 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: (A) Amending the Classification Plan and Compensation Schedule to reflect (1) the addition and deletion of position titles and (2) salary adjustments for certain positions and amending the authorized position count in departments; (B) Approving the revised Fiscal Year 2023-2024 Compensation Schedule effective September 22, 2023, as required by the California Code of Regulations, Title 2, Section 570.5; (C) Amending the Fiscal Year 2023-24 budget; and (D) Modifying the appendix to the local Conflict of Interest Code to revise the list of designated employees who are required to file Statements of Economic Interest (Form 700); and place an ordinance on first reading amending Chula Vista Municipal Code Section 2.05.010 to add the unclassified position title of Deputy Director of Community Services and delete the unclassified position titles of City Librarian and Parks and Recreation Administrator (First Reading); (4/5 Vote Required) SUMMARY In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing (1) the addition and deletion of certain classifications and positions and (2) salary adjustments for certain positions which necessitate amendments to the City’s Compensation Schedule and Classification Plan. Page 373 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 2 Sections 302, 304(c) and 503(c) of the City of Chula Vista City Charter establishes the compensation for Councilmembers, the Mayor and elected City Attorney, respectively, based upon the formulas set forth in those sections. The City received notification of a salary change for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor and elected City Attorney are tied and made the appropriate changes retroactive to July 1, 2023. Staff made the change to the salary rates for Mayor, Councilmembers and City Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor, Councilmembers and City Attorney are receiving this pay rate. The City's compensation policy allows for structures and salary ranges to be reviewed and updated as necessary to ensure that the City has the ability to attract, hire and retain quality employees. Staff is proposing salary adjustments for specific, targeted classifications, (1) that in the current labor market, are hard to attract, hire and retain employees and/or (2) to allow for competitive position in their respective labor markets. Staff is also recommending approval of the revised Fiscal Year 2023-2024 Compensation Schedule effective September 22, 2023, as required by the California Code of Regulations, Title 2, Section 570.5, an update to the list of designated filers who are required to file periodic Statements of Economic Interests (Form 700), and adoption of an ordinance amending Chula Vista Municipal Code Section 2.05.010 relating to unclassified positions. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Civil Service Commission is slated to adopt the amendment to the classification plan, subject to the approval of the City Council, at their September 7, 2023 meeting. DISCUSSION Classification Plan and Compensation Schedule In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes, with corresponding updates to the Classification Plan, Compensation Schedule, and authorized departmental position counts. The following identifies the affected positions and proposed changes. Department Position Title FTE General Fund City Clerk Deputy City Clerk II 1.00 Community Services City Librarian -1.00 Parks and Recreation Administrator -1.00 Page 374 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 3 Department Position Title FTE Deputy Director of Community Services 2.00 Development Services Development Services Technician I 1.00 Development Services Technician II -1.00 Engineering Senior Engineering Technician -1.00 Associate Surveyor 1.00 Human Resources Human Resources Manager -1.00 Assistant Director of Human Resources 1.00 General Fund Total 1.00 Sewer Revenue Fund Finance Fiscal Office Specialist 1.00 Sewer Revenue Fund Total 1.00 Development Services Fund Development Services Associate Planner -1.00 Associate Engineer 1.00 Development Services Technician I -1.00 Development Services Technician II 1.00 Secretary -1.00 Development Services Fund Total -1.00 All Funds Total 1.00 Summary of New and Updated Classifications Position Title Employee Group E Step Salary Assistant Director of Human Resources Senior Management $7,378.78 bi-weekly Budget and Analysis Manager Senior Management $6,384.35 bi-weekly City Attorney (Elected) Elected Officials $8,938.43 bi-weekly Councilperson Elected Officials $2,359.75 bi-weekly Deputy Director of Community Services Senior Management $6,475.04 bi-weekly Fuels Module Crew Member Unclassified, Hourly $20.29 hourly Maintenance Worker I ACE $2,105.22 bi-weekly Maintenance Worker II ACE $2,315.73 bi-weekly Mayor Elected Officials $5,899.36 bi-weekly Paramedic Recruit (Non-Safety) Non-Safety IAFF $1,526.40 bi-weekly Senior Maintenance Worker ACE $2,778.88 bi-weekly Page 375 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 4 Adoption of Resolution A will amend the Classification Plan and Compensation Schedule to reflect the above changes. Compensation for Councilmembers, the Mayor and elected City Attorney Sections 302, 304(c) and 503(c) of the City of Chula Vista City Charter establishes the compensation for Councilmembers, the Mayor and elected City Attorney, respectively, based upon the formulas set forth in those sections. The City received notification from the Judicial Council of California on August 10, 2023 (Attachment 1), of a salary change for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor and elected City Attorney are tied and made the appropriate changes retroactive to July 1, 2023. Staff made the change to the salary rates for Mayor, Councilmembers and City Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor, Councilmembers and City Attorney are receiving this pay rate. Compensation Schedule Requirement California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws. The revised Fiscal Year 2023-2024 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting on July 11, 2023. Adoption of Resolution B will approve the revised Fiscal Year 2023-2024 Compensation Schedule effective September 22, 2023, reflecting: (1) the addition of the Paramedic Recruit (Non-Safety) and Deputy Director of Community Services position titles and (2) the adjusted salaries for the Assistant Director of Human Resources, Budget and Analysis Manager, City Attorney (Elected), Councilperson, Fuels Module Crewmember, Maintenance Worker I, Maintenance Worker II, Mayor, and Senior Maintenance Worker position titles and (3) the deletion of the City Librarian, Information Technology Support Specialist (Terminal), and Parks and Recreation Administrator position titles. The Compensation Schedule reflecting these revisions is Attachment 2 to this staff report. Conflict of Interest Code Updates The City Clerk and City Attorney have reviewed the position changes and recommend that the appendix to the Conflict of Interest Code (Attachment 3) be updated to designate the appropriate positions as Form 700 filers and as “designated employees” for purposes of AB 1234, requiring th em to participate in mandatory ethics training. Approval of Resolution C will make the appropriate updates to the appendix to the Conflict of Interest Code. Additional changes were made to the Conflict of Interest Code to update recent changes to Boards and Commissions and other filers. The redline version of the changes is attached to this item as Attachment 4. Ordinance Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500(D) requires that all management level unclassified positions not mentioned specifically in Charter Section 500(D) be adopted by ordinance. Adoption of the Ordinance will add the position title of Deputy Director of Community Services and delete the City Librarian and Parks and Recreation Administrator position titles, as required by Municipal Code Section 2.05.010. Page 376 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 5 DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18702.4(a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The current-year General Fund fiscal impact for the updated classification and salary ranges is estimated to total approximately $151,746. This amount is anticipated to be mostly offset through anticipated salary savings within various General Fund departments; however, an increase of $68,557 in personnel services in the City Clerk department, and an offsetting Transfer In from the Development Services Fund for $34,279 will result in a net fiscal impact to the General Fund of $34,279. Staff is requesting the proposed budgetary adjustments to the General Fund reflected in the table below: GENERAL FUND Fund/Department Personnel Services Transfer In Net Cost City Clerk $ 68,557 $ (34,279) $ 34,279 TOTAL EST. OTHER FUNDS COST $ 68,557 $ (34,279) $ 34,279 Similarly, an estimated $39,395 increase to personnel services for the updated classifications within the Development Services Fund and an increase to transfer out to the General Fund for staff support for $34,279 for a total net cost of $73,673. The Sewer Revenue Fund will have no net impact with $66,996 that will be transferred from Supplies & Services to Personnel Services. Staff is requesting the proposed budgetary adjustments to the Other Funds reflected in the table below: OTHER FUNDS Fund/Department Personnel Services Supplies & Services Transfer Out Net Cost Development Services Fund $ 39,395 $ - $ 34,279 $ 73,673 Sewer Revenue Fund $ 66,996 $ (66,996) $ - $ - TOTAL EST. OTHER FUNDS COST $ 106,391 $ (66,996) $ 34,279 $ 73,673 ONGOING FISCAL IMPACT The projected fiscal impact for Fiscal Year 2024-25 is estimated to total $322,140. The net fiscal impact to the General Fund of $208,651 and other funds of $113,489 will be incorporated into the Fiscal Year 2024-25 budget as ongoing appropriations in future fiscal years. The projected Fiscal Year 2024-25 new fiscal impact in all funds is reflected in the table below: Page 377 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda P a g e | 6 Fund FY 2025 General Fund $ 208,651 Development Services Fund 101,178 Sewer Revenue Fund 12,311 Total Budget Adjustments $ 322,140 ATTACHMENTS 1. Memorandum from the Judicial Council of California dated August 10, 2023 2. Revised Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 3. Revised Appendix to the Conflict of Interest Code and Resolution 4. Revised Appendix to the Conflict of Interest Code and Resolution (redlined version) Staff Contact: Courtney Chase, Deputy City Manager Page 378 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Exempt Program 1515 S Street, North Building, Suite 500 Sacramento, CA 95811 916) 324-9381; Fax (916) 327-1886 Governor Gavin Newsom Secretary, Government Operations Agency Amy Tong Director Eraina Ortega August 9, 2023 State Controller’s Office 300 Capitol Mall Sacramento, CA 95814 Subject: Exempt Pay Letter Per Government Code section 68203, this is to notify you that the Department of Human Resources (CalHR) has adjusted the following statutory judicial salaries, effective July 1, 2023. This represents a salary increase of 0.53% percent based on the figures of the average increase provided to State employees in FY 2023- 2024. Please note that the monthly rate may be rounded down so that the total for the twelve months does not exceed the annual amount. If you have any questions, please contact Angelina Snarr at (916) 324-9406 or Angelina.Snarr@calhr.ca.gov. Sincerely, Manpreet Singh Exempt Program Manager 916) 323-4023 Class Code Class Title Monthly Salary Annual Salary New Monthly Salary New Annual Salary L5987 Chief Justice $24,659.00 $295,908 $24,789.66 $297,476 L5988 Associate Justice $23,514.75 $282,177 $23,639.41 $283,673 L5991 Justice, Court of Appeal $22,045.16 $264,542 $22,162.00 $265,944 L9999 Judge, Superior Court $19,264.50 $231,174 $19,366.58 $232,399 Page 379 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda State Controller’s Office Page 2 cc: Millicent A. Tidwell, Acting Administrative Director John Wordlaw, Chief Administrative Officer Aurora Rezapour, Director, Human Resources Office Felizia Nava-Kardon, Deputy Director, Human Resources Evelyn Ramos, Human Resources Supervisor Page 380 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 1 of 71 3633 CONF ACCOUNTANT 0 31.20 2,496.34 1 32.76 2,621.16 2 34.40 2,752.21 3 36.12 2,889.83 4 37.93 3,034.32 3641 ACE ACCOUNTING ASSISTANT 0 23.10 1,848.05 1 24.26 1,940.45 2 25.47 2,037.49 3 26.74 2,139.34 4 28.08 2,246.31 3643 CONF ACCOUNTING TECHNICIAN 0 26.83 2,146.08 1 28.17 2,253.38 2 29.58 2,366.04 3 31.05 2,484.35 4 32.61 2,608.57 3675 ACE ACCOUNTING TECHNICIAN 0 26.83 2,146.08 1 28.17 2,253.38 2 29.58 2,366.04 3 31.05 2,484.35 4 32.61 2,608.57 3647 CONF ACCOUNTING TECHNICIAN II (T) 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 3677 ACE ACCOUNTING TECHNICIAN II (T) 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 3645 ACE ACCOUNTS PAYABLE SUPERVISOR 0 33.61 2,688.43 1 35.29 2,822.87 2 37.05 2,964.01 3 38.90 3,112.21 4 40.85 3,267.80 Page 381 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 2 of 71 0149 CONF ADMINISTRATIVE SECRETARY 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0179 ACE ADMINISTRATIVE SECRETARY 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0154 CONF ADMINISTRATIVE SECRETARY-MAYOR 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 0215 SM ADMINISTRATIVE SERVICES MGR 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 0181 ACE ADMINISTRATIVE TECHNICIAN 0 28.55 2,283.77 1 29.97 2,397.96 2 31.47 2,517.85 3 33.05 2,643.74 4 34.70 2,775.93 5316 UCHR ANIMAL CARE AIDE 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 5317 ACE ANIMAL CARE FACILITY SUPV 0 33.08 2,646.18 1 34.73 2,778.50 2 36.47 2,917.41 3 38.29 3,063.29 4 40.21 3,216.45 Page 382 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 3 of 71 5343 ACE ANIMAL CARE SPECIALIST 0 20.71 1,657.08 1 21.75 1,739.93 2 22.84 1,826.92 3 23.98 1,918.28 4 25.18 2,014.19 5344 UCHR ANIMAL CARE SPECIALIST 0 20.71 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5319 ACE ANIMAL CARE SUPERVISOR 0 28.76 2,301.03 1 30.20 2,416.08 2 31.71 2,536.89 3 33.30 2,663.74 4 34.96 2,796.91 5303 ACE ANIMAL CONTROL OFFICER 0 24.86 1,988.48 1 26.10 2,087.90 2 27.40 2,192.30 3 28.77 2,301.93 4 30.21 2,417.03 5304 ACE ANIMAL CONTROL OFFICER SUPVR 0 28.58 2,286.76 1 30.01 2,401.09 2 31.51 2,521.14 3 33.09 2,647.20 4 34.74 2,779.58 5309 ACE ANIMAL SERVICES SPECIALIST 0 22.60 1,807.72 1 23.73 1,898.10 2 24.91 1,993.01 3 26.16 2,092.67 4 27.47 2,197.29 3083 MM APPLICATIONS SUPPORT MANAGER 0 53.30 4,263.88 1 55.96 4,477.07 2 58.76 4,700.91 3 61.70 4,935.96 4 64.78 5,182.76 Page 383 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 4 of 71 3088 PROF APPLICATIONS SUPPORT SPEC 0 40.57 3,245.71 1 42.60 3,408.00 2 44.73 3,578.39 3 46.97 3,757.31 4 49.31 3,945.19 7741 ACE AQUARIST 0 25.73 2,058.39 1 27.02 2,161.27 2 28.37 2,269.34 3 29.79 2,382.82 4 31.27 2,501.96 7579 ACE AQUATIC SUPERVISOR I 0 26.66 2,132.89 1 27.99 2,239.53 2 29.39 2,351.52 3 30.86 2,469.09 4 32.41 2,592.54 7577 ACE AQUATIC SUPERVISOR II 0 29.33 2,346.18 1 30.79 2,463.49 2 32.33 2,586.66 3 33.95 2,716.00 4 35.65 2,851.80 7575 ACE AQUATIC SUPERVISOR III 0 33.73 2,698.11 1 35.41 2,833.02 2 37.18 2,974.67 3 39.04 3,123.39 4 40.99 3,279.56 5011 SM ASSISTANT CHIEF OF POLICE 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 2405 SM ASSISTANT CITY ATTORNEY 0 85.62 6,849.40 1 89.90 7,191.87 2 94.39 7,551.47 3 99.11 7,929.04 4 104.07 8,325.49 Page 384 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 5 of 71 2707 EXEC ASSISTANT CITY MANAGER 0 102.25 8,179.94 1 -- -- 2 -- -- 3 -- -- 4 123.51 9,880.95 4040 SM ASSISTANT DIR OF DEVLPMNT SVCS 0 79.15 6,332.21 1 -- -- 2 87.68 7,014.54 3 92.07 7,365.26 4 96.21 7,696.86 3604 SM ASSISTANT DIR OF FINANCE 0 77.89 6,231.55 1 -- -- 2 90.13 7,210.00 3 92.70 7,416.00 4 94.04 7,523.32 3304 SM ASSISTANT DIR OF HR 0 75.88 6,070.54 1 -- -- 2 -- -- 3 -- -- 4 92.23 7,378.78 6322 SM ASSISTANT DIR OF PUBLIC WORKS 0 72.44 5,794.89 1 -- -- 2 -- -- 3 85.52 6,841.24 4 87.45 6,996.12 6015 WCE ASSISTANT ENGINEER 0 41.92 3,353.87 1 44.02 3,521.55 2 46.22 3,697.64 3 48.53 3,882.51 4 50.96 4,076.65 6289 WCE ASSISTANT LAND SURVEYOR 0 39.93 3,194.16 1 41.92 3,353.86 2 44.02 3,521.56 3 46.22 3,697.63 4 48.53 3,882.52 Page 385 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 6 of 71 4749 WCE ASSISTANT PLAN CHECK ENGINEER 0 39.75 3,179.73 1 41.73 3,338.72 2 43.82 3,505.65 3 46.01 3,680.93 4 48.31 3,864.98 4439 ACE ASSISTANT PLANNER 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 3635 CONF ASSOCIATE ACCOUNTANT 0 34.32 2,745.97 1 36.04 2,883.28 2 37.84 3,027.44 3 39.74 3,178.81 4 41.72 3,337.76 6017 WCE ASSOCIATE ENGINEER 0 48.21 3,856.95 1 50.62 4,049.80 2 53.15 4,252.29 3 55.81 4,464.89 4 58.60 4,688.15 6287 WCE ASSOCIATE LAND SURVEYOR 0 45.92 3,673.29 1 48.21 3,856.95 2 50.62 4,049.80 3 53.15 4,252.28 4 55.81 4,464.90 4747 WCE ASSOCIATE PLAN CHECK ENGINEER 0 45.71 3,656.68 1 47.99 3,839.51 2 50.39 4,031.49 3 52.91 4,233.06 4 55.56 4,444.72 4437 ACE ASSOCIATE PLANNER 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 Page 386 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 7 of 71 5123 ACE AUTOMATED FINGERPRINT TECH 0 22.92 1,833.22 1 24.06 1,924.88 2 25.26 2,021.14 3 26.53 2,122.19 4 27.85 2,228.30 3404 MMCF BENEFITS MANAGER 0 53.98 4,318.23 1 56.68 4,534.14 2 59.51 4,760.85 3 62.49 4,998.90 4 65.61 5,248.84 3406 UCHR BENEFITS MANAGER 0 53.98 -- 1 56.68 -- 2 59.51 -- 3 62.49 -- 4 65.61 -- 2222 SM BUDGET AND ANALYSIS MANAGER 0 65.66 5,252.42 1 -- -- 2 -- -- 3 -- -- 4 79.80 6,384.35 4769 MM BUILDING INSPECTION MANAGER 0 51.44 4,115.31 1 54.01 4,321.08 2 56.71 4,537.13 3 59.55 4,763.99 4 62.53 5,002.19 4771 ACE BUILDING INSPECTOR I 0 32.96 2,637.13 1 34.61 2,768.99 2 36.34 2,907.44 3 38.16 3,052.82 4 40.07 3,205.45 4770 UCHR BUILDING INSPECTOR I (HOURLY) 0 32.96 -- 1 34.61 -- 2 36.34 -- 3 38.16 -- 4 40.07 -- Page 387 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 8 of 71 4773 ACE BUILDING INSPECTOR II 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 4774 UCHR BUILDING INSPECTOR II (HOURLY) 0 36.26 -- 1 38.07 -- 2 39.98 -- 3 41.98 -- 4 44.08 -- 4775 ACE BUILDING INSPECTOR III 0 39.89 3,190.94 1 41.88 3,350.49 2 43.98 3,518.02 3 46.17 3,693.91 4 48.48 3,878.61 4705 SM BUILDING OFFICIAL 0 68.78 5,502.26 1 -- -- 2 73.63 5,890.51 3 -- -- 4 83.60 6,688.04 4780 SM BUILDING OFFICIAL/CODE ENF MGR 0 71.86 5,748.87 1 -- -- 2 -- -- 3 -- -- 4 87.35 6,987.81 6412 PROF BUILDING PROJECT MANAGER 0 45.29 3,623.07 1 47.55 3,804.21 2 49.93 3,994.42 3 52.43 4,194.15 4 55.05 4,403.85 6402 MM BUILDING SERVICES MANAGER 0 54.40 4,352.12 1 57.12 4,569.71 2 59.98 4,798.19 3 62.98 5,038.11 4 66.13 5,290.02 Page 388 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 9 of 71 6669 ACE BUILDING SERVICES SUPERVISOR 0 31.87 2,549.71 1 33.47 2,677.20 2 35.14 2,811.06 3 36.90 2,951.61 4 38.74 3,099.20 4505 ACE BUSINESS LICENSE REPRESENTATIV 0 23.10 1,848.05 1 24.26 1,940.45 2 25.47 2,037.49 3 26.74 2,139.34 4 28.08 2,246.31 6444 ACE CARPENTER 0 28.77 2,301.23 1 30.20 2,416.28 2 31.71 2,537.10 3 33.30 2,663.95 4 34.96 2,797.16 3669 ACE CASHIER 0 19.50 1,560.04 1 20.48 1,638.04 2 21.50 1,719.95 3 22.57 1,805.94 4 23.70 1,896.24 3053 SM CHIEF INFO SEC OFFICER 0 58.85 4,708.27 1 -- -- 2 -- -- 3 -- -- 4 71.54 5,722.94 5001 EXEC CHIEF OF POLICE 0 104.34 8,347.44 1 -- -- 2 120.62 9,649.61 3 -- -- 4 126.83 10,146.41 2011 MMUC CHIEF OF STAFF 0 38.61 3,088.60 1 40.54 3,243.04 2 42.56 3,405.17 3 44.69 3,575.43 4 46.93 3,754.21 Page 389 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 10 of 71 2729 SM CHIEF SUSTAINABILITY OFFICER 0 68.42 5,473.98 1 -- -- 2 -- -- 3 80.78 6,462.36 4 82.61 6,608.69 2400 CATY CITY ATTORNEY (ELECTED) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 111.73 8,938.43 2435 CONF CITY ATTY INVESTIGATOR 0 33.97 2,717.34 1 35.67 2,853.20 2 37.45 2,995.86 3 39.32 3,145.65 4 41.29 3,302.94 2201 CCLK CITY CLERK 0 82.08 6,566.00 1 -- -- 2 -- -- 3 -- -- 4 99.71 7,977.16 2710 CMGR CITY MANAGER 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 151.44 12,115.48 5429 ACE CIVILIAN BCKGRND INVESTIGATOR 0 28.88 2,310.51 1 30.33 2,426.03 2 31.84 2,547.33 3 33.43 2,674.71 4 35.11 2,808.44 5431 UCHR CIVILIAN POLICE INVESTIGATOR 0 25.79 -- 1 27.08 -- 2 28.43 -- 3 29.85 -- 4 31.35 -- Page 390 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 11 of 71 0241 UCHR CLERICAL AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4757 SM CODE ENFORCEMENT MANAGER 0 55.00 4,400.27 1 -- -- 2 60.64 4,851.30 3 -- -- 4 66.86 5,348.56 4777 ACE CODE ENFORCEMENT OFFICER I 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 4778 UCHR CODE ENFORCEMENT OFFICER II 0 31.50 -- 1 33.07 -- 2 34.72 -- 3 36.46 -- 4 38.28 -- 4779 ACE CODE ENFORCEMENT OFFICER II 0 31.50 2,519.70 1 33.07 2,645.70 2 34.72 2,777.98 3 36.46 2,916.88 4 38.28 3,062.73 4789 ACE CODE ENFORCEMENT TECHNICIAN 0 24.90 1,991.86 1 26.14 2,091.46 2 27.45 2,196.03 3 28.82 2,305.84 4 30.26 2,421.12 3683 MM COLLECTIONS SUPERVISOR 0 38.65 3,091.62 1 40.58 3,246.21 2 42.61 3,408.50 3 44.74 3,578.95 4 46.97 3,757.89 Page 391 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 12 of 71 2799 PRUC COMM/SPECL EVENTS COORD 0 41.83 3,346.71 1 43.93 3,514.05 2 46.12 3,689.76 3 48.43 3,874.25 4 50.85 4,067.96 2781 SM COMMUNICATIONS MGR 0 62.22 4,977.74 1 -- -- 2 63.98 5,118.15 3 73.08 5,846.16 4 75.63 6,050.48 2757 ACE COMMUNITY ENGAGEMENT SPEC 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 5141 ACE COMMUNITY SERVICES OFFICER 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 5142 UCHR COMMUNITY SERVICES OFFICER 0 24.07 -- 1 25.27 -- 2 26.53 -- 3 27.86 -- 4 29.25 -- 6201 UCHR CONSERV SPECIALIST I (HOURLY) 0 26.03 -- 1 27.33 -- 2 28.70 -- 3 30.13 -- 4 31.64 -- 6200 ACE CONSERVATION SPECIALIST I 0 26.03 2,082.39 1 27.33 2,186.53 2 28.70 2,295.87 3 30.13 2,410.63 4 31.64 2,531.17 Page 392 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 13 of 71 6202 ACE CONSERVATION SPECIALIST II 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 6427 ACE CONSTRUCTION & REPAIR SUPV 0 40.72 3,257.50 1 42.75 3,420.37 2 44.89 3,591.39 3 47.14 3,770.96 4 49.49 3,959.52 2023 UCHR COUNCIL ASSISTANT 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- 2003 CL COUNCILPERSON 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 29.50 2,359.75 5757 UCHR COVID SITE ASST 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 5101 MM CRIME LABORATORY MANAGER 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 5143 UCHR CSO (TEMPORARY APPOINTMENT) 0 24.07 -- 1 25.27 -- 2 26.53 -- 3 27.86 -- 4 29.25 -- Page 393 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 14 of 71 6667 ACE CUSTODIAL SUPERVISOR 0 26.43 2,114.23 1 27.75 2,219.95 2 29.14 2,330.95 3 30.59 2,447.50 4 32.12 2,569.88 6661 ACE CUSTODIAN 0 20.89 1,671.32 1 21.94 1,754.88 2 23.03 1,842.63 3 24.18 1,934.77 4 25.39 2,031.50 6662 UCHR CUSTODIAN 0 20.89 -- 1 21.94 -- 2 23.03 -- 3 24.18 -- 4 25.39 -- 7191 ACE DELIVERY DRIVER 0 19.82 1,585.46 1 20.81 1,664.74 2 21.85 1,747.98 3 22.94 1,835.38 4 24.09 1,927.15 2212 SM DEP DIRECTOR, CITY CLERK SVCS 0 45.87 3,669.64 1 48.16 3,853.12 2 50.57 4,045.77 3 53.10 4,248.06 4 55.76 4,460.47 7006 SM DEP DIRECTOR, COMMUNITY SVCS 0 66.59 5,327.03 1 -- -- 2 -- -- 3 -- -- 4 80.94 6,475.04 2410 PRUC DEPUTY CITY ATTORNEY I 0 60.93 4,874.51 1 63.98 5,118.24 2 67.18 5,374.15 3 70.54 5,642.86 4 74.06 5,925.00 Page 394 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 15 of 71 2408 PRUC DEPUTY CITY ATTORNEY II 0 67.02 5,361.98 1 70.38 5,630.08 2 73.89 5,911.58 3 77.59 6,207.16 4 81.47 6,517.52 2411 SM DEPUTY CITY ATTORNEY III 0 75.94 6,075.13 1 79.74 6,378.88 2 83.72 6,697.83 3 87.91 7,032.73 4 92.30 7,384.36 2245 PRUC DEPUTY CITY CLERK I 0 28.64 2,290.89 1 30.07 2,405.43 2 31.57 2,525.70 3 33.15 2,652.00 4 34.81 2,784.58 2243 PRUC DEPUTY CITY CLERK II 0 31.50 2,519.98 1 33.07 2,645.98 2 34.73 2,778.28 3 36.47 2,917.20 4 38.29 3,063.05 2705 EXEC DEPUTY CITY MANAGER 0 106.62 8,529.82 1 -- -- 2 -- -- 3 -- -- 4 118.10 9,447.66 2706 EXEC DEPUTY CITY MANAGER - INTERIM 0 106.62 8,529.82 1 -- -- 2 -- -- 3 -- -- 4 118.10 9,447.66 5505 SM DEPUTY FIRE CHIEF 0 76.49 6,118.97 1 -- -- 2 -- -- 3 -- -- 4 92.97 7,437.67 Page 395 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 16 of 71 5130 MM DETENTION FACILITY MANAGER (T) 0 50.04 4,003.44 1 52.55 4,203.60 2 55.17 4,413.80 3 57.93 4,634.48 4 60.83 4,866.20 5137 ACE DETENTIONS OFFICER 0 28.88 2,310.51 1 30.33 2,426.03 2 31.84 2,547.33 3 33.43 2,674.71 4 35.11 2,808.44 5135 ACE DETENTIONS SUPERVISOR 0 33.21 2,657.09 1 34.87 2,789.94 2 36.62 2,929.44 3 38.45 3,075.92 4 40.37 3,229.71 4718 PROF DEVELOPMENT AUTOMATION SPEC 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 4025 SM DEVELOPMENT PROJECT MGR 0 71.29 5,703.54 1 74.86 5,988.72 2 78.60 6,288.16 3 82.53 6,602.57 4 86.66 6,932.69 4547 MM DEVELOPMENT SERVICES COUNTER M 0 48.27 3,861.95 1 50.69 4,055.04 2 53.22 4,257.81 3 55.88 4,470.69 4 58.68 4,694.22 4542 ACE DEVELOPMENT SERVICES TECH I 0 24.59 1,967.54 1 25.82 2,065.90 2 27.11 2,169.19 3 28.47 2,277.66 4 29.89 2,391.55 Page 396 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 17 of 71 4541 ACE DEVELOPMENT SERVICES TECH II 0 27.05 2,164.28 1 28.41 2,272.49 2 29.83 2,386.12 3 31.32 2,505.43 4 32.88 2,630.69 4544 UCHR DEVELOPMENT SERVICES TECH II 0 27.05 -- 1 28.41 -- 2 29.83 -- 3 31.32 -- 4 32.88 -- 4543 ACE DEVELOPMENT SERVICES TECH III 0 31.11 2,488.92 1 32.67 2,613.37 2 34.30 2,744.04 3 36.02 2,881.24 4 37.82 3,025.30 5249 ACE DIGITAL FORENSICS ANLYT I 0 33.84 2,707.49 1 35.54 2,842.86 2 37.31 2,985.00 3 39.18 3,134.25 4 41.14 3,290.97 5247 ACE DIGITAL FORENSICS ANLYT II 0 38.92 3,113.62 1 40.87 3,269.31 2 42.91 3,432.76 3 45.06 3,604.41 4 47.31 3,784.61 5245 ACE DIGITAL FORENSICS TECH I 0 26.75 2,140.30 1 28.09 2,247.32 2 29.50 2,359.69 3 30.97 2,477.68 4 32.52 2,601.55 5243 ACE DIGITAL FORENSICS TECH II 0 30.77 2,461.36 1 32.31 2,584.42 2 33.92 2,713.64 3 35.62 2,849.32 4 37.40 2,991.78 Page 397 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 18 of 71 5350 EXEC DIR OF ANIMAL SERVICES 0 68.43 5,474.00 1 -- -- 2 -- -- 3 -- -- 4 83.17 6,653.68 7004 EXEC DIR OF COMMUNITY SERVICES 0 83.99 6,719.12 1 88.19 7,055.08 2 92.60 7,407.83 3 97.23 7,778.22 4 102.09 8,167.43 4039 EXEC DIR OF DEVELOPMENT SERVICES 0 88.30 7,064.08 1 101.02 8,081.69 2 -- -- 3 -- -- 4 107.34 8,587.57 2734 EXEC DIR OF ECONOMIC DEVELOPMENT 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 6006 EXEC DIR OF ENGINEERING/CITY ENG 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 3601 EXEC DIR OF FINANCE 0 88.31 7,065.02 1 -- -- 2 -- -- 3 104.56 8,364.79 4 107.34 8,587.57 4301 EXEC DIR OF HOUSING & HOMELESS SVS 0 68.43 5,474.00 1 76.72 6,137.64 2 80.56 6,444.51 3 -- -- 4 83.17 6,653.68 Page 398 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 19 of 71 3300 EXEC DIR OF HUMAN RESOURCES/RISK MG 0 88.31 7,065.02 1 -- -- 2 -- -- 3 -- -- 4 107.34 8,587.57 3001 EXEC DIR OF INFO TECH SERVICES 0 83.99 6,719.12 1 -- -- 2 92.60 7,407.83 3 -- -- 4 102.09 8,167.43 6320 EXEC DIR OF PUBLIC WORKS 0 88.31 7,065.02 1 -- -- 2 -- -- 3 99.65 7,971.65 4 107.34 8,587.57 2720 SM ECONOMIC DEVELOPMENT MGR 0 67.87 5,429.25 1 71.26 5,700.72 2 74.82 5,985.75 3 78.56 6,285.04 4 82.49 6,599.29 2747 ACE ECONOMIC DEVELOPMENT SPEC I 0 31.45 2,516.35 1 33.03 2,642.18 2 34.68 2,774.28 3 36.41 2,912.99 4 38.23 3,058.65 2749 ACE ECONOMIC DEVELOPMENT SPEC II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 6438 ACE ELECTRICIAN 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 Page 399 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 20 of 71 6492 ACE ELECTRONIC/EQUIPMENT INSTALLER 0 27.99 2,239.22 1 29.39 2,351.17 2 30.86 2,468.73 3 32.40 2,592.17 4 34.02 2,721.78 6475 ACE ELECTRONICS TECHNICIAN 0 33.87 2,709.45 1 35.56 2,844.92 2 37.34 2,987.18 3 39.21 3,136.53 4 41.17 3,293.34 6472 ACE ELECTRONICS TECHNICIAN SUPV 0 38.95 3,115.87 1 40.90 3,271.66 2 42.94 3,435.25 3 45.09 3,607.01 4 47.34 3,787.35 5560 SM EMERGENCY SERVICES MGR 0 51.21 4,096.74 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 5557 PROF EMS EDUCATOR 0 43.96 3,516.47 1 46.15 3,692.29 2 48.46 3,876.92 3 50.88 4,070.76 4 53.43 4,274.29 5567 PROF EMS NURSE COORDINATOR 0 52.75 4,219.77 1 55.38 4,430.74 2 58.15 4,652.29 3 61.06 4,884.90 4 64.11 5,129.14 5657 NIAF EMT (NON-SAFETY) - A 0 16.69 1 17.53 2 18.40 3 19.32 4 20.29 Page 400 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 21 of 71 5659 NIAF EMT (NON-SAFETY) - C 0 26.71 1 28.04 2 29.44 3 30.92 4 32.46 5658 UCHR EMT (NON-SAFETY/HRLY) 0 16.69 -- 1 17.53 -- 2 18.40 -- 3 19.32 -- 4 20.29 -- 6081 ACE ENGINEERING TECHNICIAN I 0 28.66 2,293.16 1 30.10 2,407.82 2 31.60 2,528.21 3 33.18 2,654.63 4 34.84 2,787.37 6071 ACE ENGINEERING TECHNICIAN II 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 6129 ACE ENVIRONMENTAL HEALTH SPEC 0 37.91 3,032.73 1 39.80 3,184.37 2 41.79 3,343.59 3 43.88 3,510.74 4 46.08 3,686.31 6205 MM ENVIRONMENTAL SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 6207 MM ENVIRONMENTAL SUSTNBILITY MGR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 Page 401 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 22 of 71 6505 MM EQUIPMENT MAINTENANCE MANAGER 0 41.30 3,304.25 1 43.37 3,469.46 2 45.54 3,642.94 3 47.81 3,825.09 4 50.20 4,016.34 6542 ACE EQUIPMENT MECHANIC 0 29.62 2,369.60 1 31.10 2,488.09 2 32.66 2,612.48 3 34.29 2,743.11 4 36.00 2,880.26 6361 ACE EQUIPMENT OPERATOR 0 30.33 2,426.77 1 31.85 2,548.11 2 33.44 2,675.51 3 35.12 2,809.28 4 36.87 2,949.74 0187 CONF EXECUTIVE SECRETARY 0 34.54 2,763.38 1 36.27 2,901.54 2 38.08 3,046.61 3 39.99 3,198.94 4 41.99 3,358.88 5270 CONF FA ACCOUNTING TECHNICIAN 0 29.22 2,337.78 1 30.68 2,454.67 2 32.22 2,577.40 3 33.83 2,706.27 4 35.52 2,841.58 5297 CONF FA ADMINSTRATIVE ANALYST I 0 32.10 2,567.72 1 33.70 2,696.13 2 35.39 2,830.90 3 37.16 2,972.46 4 39.01 3,121.08 5296 CONF FA ADMINSTRATIVE ANALYST II 0 35.31 2,824.49 1 37.07 2,965.71 2 38.93 3,114.00 3 40.87 3,269.71 4 42.91 3,433.19 Page 402 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 23 of 71 5277 CONF FA ANALYST 0 24.53 1,962.16 1 25.75 2,060.27 2 27.04 2,163.29 3 28.39 2,271.45 4 29.81 2,385.03 5455 MMUC FA CYBER SECURITY PROG MGR 0 46.54 3,723.28 1 48.87 3,909.43 2 51.31 4,104.90 3 53.88 4,310.14 4 56.57 4,525.65 5465 SM FA DEPUTY DIRECTOR OF LECC 0 52.81 4,224.87 1 55.45 4,436.12 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 5463 SM FA DEPUTY EXECUTIVE DIRECTOR 0 62.08 4,966.14 1 -- -- 2 -- -- 3 -- -- 4 75.45 6,036.37 5274 SM FA DIRECTOR OF SD LECC 0 69.54 5,563.33 1 -- -- 2 -- -- 3 -- -- 4 84.53 6,762.27 5286 CONF FA EXECUTIVE ASSISTANT 0 31.42 2,513.89 1 32.99 2,639.59 2 34.64 2,771.58 3 36.38 2,910.14 4 38.20 3,055.66 5461 EXEC FA EXECUTIVE DIRECTOR 0 60.19 4,815.34 1 -- -- 2 -- -- 3 -- -- 4 73.16 5,853.08 Page 403 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 24 of 71 5493 MMUC FA FINANCE MANAGER 0 57.39 4,591.00 1 60.26 4,820.55 2 63.27 5,061.58 3 66.43 5,314.66 4 69.75 5,580.39 5439 PRUC FA GEOSPATIAL INTEL ANALYST 0 44.38 3,550.45 1 46.60 3,727.98 2 48.93 3,914.38 3 51.38 4,110.10 4 53.95 4,315.60 5453 MMUC FA INFO SYSTEMS PROGRAM MGR 0 51.77 4,141.63 1 54.36 4,348.71 2 57.08 4,566.12 3 59.93 4,794.44 4 62.93 5,034.17 5485 CONF FA INTEL ANLYT 0 33.20 2,656.10 1 34.86 2,788.91 2 36.60 2,928.36 3 38.43 3,074.77 4 40.36 3,228.52 5491 SM FA IVDC-LECC EXEC DIRECTOR 0 60.41 4,832.84 1 -- -- 2 -- -- 3 -- -- 4 73.43 5,874.35 5440 MMUC FA LECC INFO TECH MANAGER 0 47.34 3,787.15 1 49.71 3,976.50 2 52.19 4,175.34 3 54.80 4,384.09 4 57.54 4,603.30 5278 CONF FA MANAGEMENT ASSISTANT 0 29.93 2,394.19 1 31.42 2,513.89 2 33.00 2,639.60 3 34.64 2,771.59 4 36.38 2,910.15 Page 404 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 25 of 71 5443 PRUC FA MICROCOMPUTER SPECIALIST 0 38.49 3,079.20 1 40.41 3,233.15 2 42.44 3,394.80 3 44.56 3,564.55 4 46.78 3,742.77 5292 PRUC FA NETWORK ADMINISTRATOR I 0 38.74 3,098.84 1 40.67 3,253.79 2 42.71 3,416.48 3 44.84 3,587.30 4 47.08 3,766.68 5294 PRUC FA NETWORK ADMINISTRATOR II 0 42.61 3,408.74 1 44.74 3,579.18 2 46.98 3,758.14 3 49.33 3,946.05 4 51.79 4,143.35 5457 PRUC FA NETWORK ADMINISTRATOR III 0 44.88 3,590.29 1 47.12 3,769.81 2 49.48 3,958.28 3 51.95 4,156.20 4 54.55 4,364.02 5444 PRUC FA PROGRAM ANALYST 0 45.92 3,673.56 1 48.22 3,857.24 2 50.63 4,050.11 3 53.16 4,252.61 4 55.82 4,465.25 5451 CONF FA PROGRAM ASSISTANT 0 23.91 1,912.51 1 25.10 2,008.13 2 26.36 2,108.55 3 27.67 2,213.99 4 29.06 2,324.67 5452 PRUC FA PROGRAM ASSISTANT SUPV 0 33.40 2,671.81 1 35.07 2,805.40 2 36.82 2,945.67 3 38.66 3,092.96 4 40.59 3,247.59 Page 405 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 26 of 71 5445 SM FA PROGRAM MANAGER 0 52.81 4,224.87 1 55.52 4,441.89 2 58.22 4,657.93 3 61.14 4,890.81 4 64.19 5,135.37 5497 MMUC FA PUBLIC-PRVT PART EXER MGR 0 48.15 3,851.67 1 50.55 4,044.25 2 53.08 4,246.45 3 55.73 4,458.79 4 58.52 4,681.73 5284 CONF FA RCFL NETWORK ENGINEER 0 38.53 3,082.34 1 40.46 3,236.45 2 42.48 3,398.28 3 44.60 3,568.19 4 46.83 3,746.59 5495 PRUC FA SENIOR FINANCIAL ANALYST 0 35.98 2,878.77 1 37.78 3,022.70 2 39.67 3,173.85 3 41.66 3,332.53 4 43.74 3,499.16 5483 PRUC FA SENIOR INTELLIGENCE ANALYST 0 37.90 3,031.63 1 39.79 3,183.23 2 41.78 3,342.39 3 43.87 3,509.50 4 46.06 3,684.97 5454 CONF FA SENIOR PROGRAM ASSISTANT 0 28.44 2,275.40 1 29.86 2,389.17 2 31.36 2,508.64 3 32.93 2,634.07 4 34.57 2,765.78 5477 CONF FA SENIOR SECRETARY 0 24.59 1,967.42 1 25.82 2,065.80 2 27.11 2,169.08 3 28.47 2,277.55 4 29.89 2,391.41 Page 406 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 27 of 71 5489 PRUC FA SUP INTEL ANALYST I 0 41.69 3,334.81 1 43.77 3,501.55 2 45.96 3,676.62 3 48.26 3,860.46 4 50.67 4,053.48 5487 PRUC FA SUP INTEL ANALYST II 0 47.94 3,835.03 1 50.33 4,026.78 2 52.85 4,228.12 3 55.49 4,439.53 4 58.27 4,661.50 4051 SM FAC FINANCE MANAGER 0 51.21 4,096.73 1 -- -- 2 -- -- 3 -- -- 4 62.25 4,979.60 6425 MM FACILITIES MANAGER 0 47.04 3,763.50 1 49.40 3,951.67 2 51.87 4,149.26 3 54.46 4,356.73 4 57.18 4,574.57 7471 ACE FIELD MAINTENANCE SPECIALIST 0 23.13 1,850.73 1 24.29 1,943.27 2 25.51 2,040.43 3 26.78 2,142.46 4 28.12 2,249.58 3623 SM FINANCE MGR 0 58.27 4,661.27 1 -- -- 2 -- -- 3 -- -- 4 70.82 5,665.80 3624 SM FINANCE MGR (CPA) 0 64.09 5,127.39 1 -- -- 2 71.41 5,712.54 3 74.98 5,998.17 4 77.90 6,232.39 Page 407 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 28 of 71 6521 ACE FIRE APPARATUS MECHANIC (T) 0 35.43 2,834.05 1 37.20 2,975.74 2 39.06 3,124.54 3 41.01 3,280.77 4 43.06 3,444.80 5511 IAFF FIRE BATTALION CHIEF - A 0 41.63 4,662.44 1 43.71 4,895.58 2 45.90 5,140.35 3 48.19 5,397.37 4 50.60 5,667.23 5513 IAFF FIRE BATTALION CHIEF - C 0 58.28 4,662.44 1 61.19 4,895.57 2 64.25 5,140.35 3 67.47 5,397.36 4 70.84 5,667.23 5584 UCHR FIRE CAPT - C (HOURLY) 0 47.06 -- 1 49.41 -- 2 51.88 -- 3 54.47 -- 4 57.20 -- 5583 IAFF FIRE CAPTAIN - A 0 33.61 3,764.52 1 35.29 3,952.74 2 37.06 4,150.38 3 38.91 4,357.90 4 40.86 4,575.78 5582 IAFF FIRE CAPTAIN - B 0 44.82 3,764.52 1 47.06 3,952.73 2 49.41 4,150.37 3 51.88 4,357.89 4 54.47 4,575.78 5581 IAFF FIRE CAPTAIN - C 0 47.06 3,764.52 1 49.41 3,952.73 2 51.88 4,150.37 3 54.47 4,357.89 4 57.20 4,575.78 Page 408 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 29 of 71 5501 EXEC FIRE CHIEF 0 95.27 7,621.81 1 -- -- 2 112.93 9,034.41 3 -- -- 4 115.80 9,263.93 5507 MMUC FIRE DIVISION CHIEF 0 66.76 5,340.63 1 70.10 5,607.65 2 73.60 5,888.04 3 77.28 6,182.43 4 81.14 6,491.56 5603 IAFF FIRE ENGINEER - A 0 29.20 3,269.91 1 30.66 3,433.40 2 32.19 3,605.08 3 33.80 3,785.33 4 35.49 3,974.59 5601 IAFF FIRE ENGINEER - C 0 40.87 3,269.92 1 42.92 3,433.40 2 45.06 3,605.08 3 47.32 3,785.33 4 49.68 3,974.60 5536 UCHR FIRE INSPECTOR 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- 5530 IAFF FIRE INSPECTOR/INVESTIGATOR I 0 33.73 2,698.75 1 35.42 2,833.69 2 37.19 2,975.38 3 39.05 3,124.15 4 41.00 3,280.36 5534 UCHR FIRE INSPECTOR/INVESTIGATOR I 0 33.73 -- 1 35.42 -- 2 37.19 -- 3 39.05 -- 4 41.00 -- Page 409 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 30 of 71 5531 IAFF FIRE INSPECTOR/INVESTIGATOR II 0 37.11 2,968.62 1 38.96 3,117.05 2 40.91 3,272.90 3 42.96 3,436.54 4 45.10 3,608.37 5532 UCHR FIRE INSPECTOR/INVESTIGATOR II 0 37.11 -- 1 38.96 -- 2 40.91 -- 3 42.96 -- 4 45.10 -- 5555 ACE FIRE INVENTORY SPECIALIST 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 5533 UCHR FIRE PREVENTION AIDE 0 15.57 -- 1 16.34 -- 2 17.16 -- 3 18.02 -- 4 18.92 -- 5528 IAFF FIRE PREVENTION ENG/INVSTGTR 0 44.76 3,580.51 1 46.99 3,759.54 2 49.34 3,947.51 3 51.81 4,144.89 4 54.40 4,352.13 5537 ACE FIRE PREVENTION SPECIALIST 0 27.05 2,164.28 1 28.41 2,272.49 2 29.83 2,386.12 3 31.32 2,505.43 4 32.96 2,637.00 5625 ACE FIRE RECRUIT 0 25.73 2,058.77 1 27.02 2,161.71 2 28.37 2,269.80 3 29.79 2,383.29 4 31.28 2,502.46 Page 410 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 31 of 71 5623 IAFF FIREFIGHTER - A 0 24.21 2,712.04 1 25.43 2,847.64 2 26.70 2,990.02 3 28.03 3,139.53 4 29.43 3,296.48 5621 IAFF FIREFIGHTER - C 0 33.90 2,712.04 1 35.60 2,847.64 2 37.38 2,990.02 3 39.24 3,139.52 4 41.21 3,296.50 5613 IAFF FIREFIGHTER/PARAMEDIC - A 0 27.85 3,118.84 1 29.24 3,274.79 2 30.70 3,438.53 3 32.24 3,610.45 4 33.85 3,790.96 5612 IAFF FIREFIGHTER/PARAMEDIC - B 0 37.13 3,118.84 1 38.99 3,274.79 2 40.93 3,438.53 3 42.98 3,610.44 4 45.13 3,790.98 5611 IAFF FIREFIGHTER/PARAMEDIC - C 0 38.99 3,118.85 1 40.93 3,274.79 2 42.98 3,438.53 3 45.13 3,610.44 4 47.39 3,790.98 0216 PRCF FISCAL AND MANAGEMENT ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 3627 MMCF FISCAL DEBT MGMT ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 Page 411 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 32 of 71 0169 ACE FISCAL OFFICE SPECIALIST 0 21.34 1,707.28 1 22.41 1,792.65 2 23.53 1,882.27 3 24.70 1,976.37 4 25.94 2,075.20 0170 UCHR FISCAL OFFICE SPECIALIST 0 21.34 -- 1 22.41 -- 2 23.53 -- 3 24.70 -- 4 25.94 -- 3610 PROF FISCAL SERVICES ANALYST 0 50.09 4,007.22 1 52.59 4,207.58 2 55.22 4,417.96 3 57.99 4,638.86 4 60.89 4,870.81 6513 ACE FLEET INVENTORY CONTROL SPEC 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 6501 MM FLEET MANAGER 0 45.88 3,670.67 1 48.18 3,854.20 2 50.59 4,046.91 3 53.12 4,249.26 4 55.77 4,461.71 6507 ACE FLEET SUPERVISOR 0 38.11 3,048.85 1 40.02 3,201.29 2 42.02 3,361.36 3 44.12 3,529.43 4 46.32 3,705.90 5114 ACE FORENSICS SPECIALIST 0 33.84 2,707.48 1 35.54 2,842.85 2 37.31 2,985.03 3 39.18 3,134.26 4 41.14 3,290.97 Page 412 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 33 of 71 5759 UCHR FUELS MODULE CREWMEMBER 0 19.32 -- 1 20.29 -- 2 -- -- 3 -- -- 4 -- -- 3075 ACE GIS ANALYST 0 34.42 2,753.99 1 36.15 2,891.69 2 37.95 3,036.28 3 39.85 3,188.09 4 41.84 3,347.50 3079 MM GIS MANAGER 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 3077 ACE GIS TECHNICIAN 0 29.33 2,346.61 1 30.80 2,463.94 2 32.34 2,587.13 3 33.96 2,716.49 4 35.65 2,852.32 2775 ACE GRAPHIC DESIGNER 0 30.19 2,415.33 1 31.70 2,536.09 2 33.29 2,662.89 3 34.95 2,796.05 4 36.70 2,935.83 4321 MM HOMELESS SERVICES MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4311 MM HOUSING MANAGER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 Page 413 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 34 of 71 3310 PRCF HUMAN RESOURCES ANALYST 0 36.85 2,948.03 1 38.69 3,095.43 2 40.63 3,250.21 3 42.66 3,412.72 4 44.79 3,583.35 3312 UCHR HUMAN RESOURCES ANALYST 0 36.85 -- 1 38.69 -- 2 40.63 -- 3 42.66 -- 4 44.79 -- 3331 SM HUMAN RESOURCES MANAGER 0 62.02 4,961.70 1 -- -- 2 -- -- 3 -- -- 4 75.38 6,030.73 3332 UCHR HUMAN RESOURCES MANAGER 0 62.02 -- 1 -- -- 2 -- -- 3 -- -- 4 75.38 -- 3315 CONF HUMAN RESOURCES TECHNICIAN 0 27.49 2,199.08 1 28.86 2,309.04 2 30.31 2,424.49 3 31.82 2,545.71 4 33.41 2,673.00 6430 ACE HVAC TECHNICIAN 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 5104 SM INFO TECHNOLOGY MANAGER 0 59.61 4,768.93 1 -- -- 2 64.58 5,166.01 3 67.80 5,424.31 4 71.54 5,722.94 Page 414 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 35 of 71 3033 SM INFO TECHNOLOGY PROJ MANAGER 0 58.62 4,689.88 1 -- -- 2 65.37 5,229.24 3 -- -- 4 71.26 5,700.58 3055 PROF INFO TECHNOLOGY SEC ANALYST 0 48.57 3,885.47 1 51.00 4,079.73 2 53.55 4,283.72 3 56.22 4,497.90 4 59.04 4,722.80 3017 ACE INFO TECHNOLOGY TECHNICIAN 0 29.62 2,369.60 1 31.10 2,488.09 2 32.66 2,612.48 3 34.29 2,743.11 4 36.00 2,880.26 3018 UCHR INFO TECHNOLOGY TECHNICIAN 0 29.62 -- 1 31.10 -- 2 32.66 -- 3 34.29 -- 4 36.00 -- 0269 UCHR INTERN - GRADUATE 0 17.05 -- 1 17.90 -- 2 18.80 -- 3 19.74 -- 4 20.72 -- 0267 UCHR INTERN - UNDERGRADUATE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 4480 PROF LANDSCAPE ARCHITECT 0 41.94 3,355.21 1 44.04 3,522.97 2 46.24 3,699.12 3 48.55 3,884.07 4 50.98 4,078.28 Page 415 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 36 of 71 6291 ACE LANDSCAPE INSPECTOR 0 36.26 2,900.86 1 38.07 3,045.91 2 39.98 3,198.20 3 41.98 3,358.12 4 44.08 3,526.02 4482 ACE LANDSCAPE PLANNER I 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 4483 ACE LANDSCAPE PLANNER II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 5111 ACE LATENT PRINT EXAMINER 0 38.92 3,113.62 1 40.87 3,269.31 2 42.91 3,432.76 3 45.06 3,604.41 4 47.31 3,784.61 2465 MMUC LAW OFFICE MANAGER 0 38.56 3,085.14 1 40.49 3,239.41 2 42.52 3,401.37 3 44.64 3,571.46 4 46.88 3,750.03 6663 ACE LEAD CUSTODIAN 0 22.98 1,838.47 1 24.13 1,930.38 2 25.34 2,026.92 3 26.60 2,128.26 4 27.93 2,234.67 0183 CONF LEGAL ASSISTANT 0 28.83 2,306.40 1 30.27 2,421.72 2 31.79 2,542.81 3 33.37 2,669.94 4 35.04 2,803.43 Page 416 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 37 of 71 7075 ACE LIBRARIAN I 0 29.05 2,324.39 1 30.51 2,440.61 2 32.03 2,562.64 3 33.63 2,690.77 4 35.32 2,825.31 7076 UCHR LIBRARIAN I 0 29.05 -- 1 30.51 -- 2 32.03 -- 3 33.63 -- 4 35.32 -- 7073 ACE LIBRARIAN II 0 31.96 2,556.82 1 33.56 2,684.67 2 35.24 2,818.90 3 37.00 2,959.85 4 38.85 3,107.84 7071 ACE LIBRARIAN III 0 35.16 2,812.51 1 36.91 2,953.14 2 38.76 3,100.79 3 40.70 3,255.83 4 42.73 3,418.63 7181 UCHR LIBRARY AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7157 ACE LIBRARY ASSISTANT 0 19.69 1,575.16 1 20.67 1,653.93 2 21.71 1,736.61 3 22.79 1,823.44 4 23.93 1,914.63 7091 ACE LIBRARY ASSOCIATE 0 24.89 1,990.83 1 26.13 2,090.36 2 27.44 2,194.89 3 28.81 2,304.64 4 30.25 2,419.88 Page 417 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 38 of 71 7092 UCHR LIBRARY ASSOCIATE 0 24.89 -- 1 26.13 -- 2 27.44 -- 3 28.81 -- 4 30.25 -- 7025 MM LIBRARY DIGITAL SERVICES MGR 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 7029 MM LIBRARY OPERATIONS MANAGER 0 52.46 4,196.60 1 55.08 4,406.44 2 57.83 4,626.75 3 60.73 4,858.09 4 63.76 5,100.99 7121 ACE LIBRARY TECHNICIAN 0 22.64 1,811.44 1 23.78 1,902.02 2 24.96 1,997.13 3 26.21 2,096.98 4 27.52 2,201.82 7587 UCHR LIFEGUARD I 0 16.27 -- 1 17.09 -- 2 17.94 -- 3 18.84 -- 4 19.78 -- 7585 UCHR LIFEGUARD II 0 17.90 -- 1 18.80 -- 2 19.74 -- 3 20.72 -- 4 21.76 -- 6443 ACE LOCKSMITH 0 28.77 2,301.23 1 30.20 2,416.28 2 31.71 2,537.10 3 33.30 2,663.95 4 34.96 2,797.16 Page 418 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 39 of 71 6377 ACE MAINTENANCE WORKER I 0 21.65 1,731.97 1 22.73 1,818.56 2 23.87 1,909.49 3 25.06 2,004.97 4 26.32 2,105.22 6379 UCHR MAINTENANCE WORKER I 0 21.62 -- 1 22.70 -- 2 23.84 -- 3 25.03 -- 4 26.28 -- 6373 ACE MAINTENANCE WORKER II 0 23.81 1,905.16 1 25.01 2,000.41 2 26.26 2,100.45 3 27.57 2,205.46 4 28.95 2,315.73 0228 CONF MANAGEMENT ANALYST I 0 32.70 2,616.31 1 34.34 2,747.12 2 36.06 2,884.48 3 37.86 3,028.72 4 39.75 3,180.14 0229 ACE MANAGEMENT ANALYST I 0 32.70 2,616.31 1 34.34 2,747.12 2 36.06 2,884.48 3 37.86 3,028.72 4 39.75 3,180.14 0224 CONF MANAGEMENT ANALYST II 0 35.97 2,877.94 1 37.77 3,021.84 2 39.66 3,172.92 3 41.64 3,331.57 4 43.73 3,498.14 0227 ACE MANAGEMENT ANALYST II 0 35.97 2,877.94 1 37.77 3,021.84 2 39.66 3,172.92 3 41.64 3,331.57 4 43.73 3,498.14 Page 419 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 40 of 71 2001 MY MAYOR 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 73.74 5,899.36 6550 ACE MECHANIC ASSISTANT 0 23.20 1,856.34 1 24.36 1,949.15 2 25.58 2,046.61 3 26.86 2,148.94 4 28.20 2,256.38 0230 UCHR MGMT ANALYST I (HOURLY) 0 32.70 -- 1 34.34 -- 2 36.06 -- 3 37.86 -- 4 39.75 -- 5571 PROF MULTIMEDIA DESIGNER 0 34.59 2,766.88 1 36.32 2,905.23 2 38.13 3,050.49 3 40.04 3,203.01 4 42.04 3,363.16 5569 ACE MULTIMEDIA PRODUCTON SPCLST 0 29.06 2,324.96 1 30.52 2,441.20 2 32.04 2,563.27 3 33.64 2,691.43 4 35.33 2,826.00 0160 UCHR OFFICE SPECIALIST 0 20.32 -- 1 21.34 -- 2 22.41 -- 3 23.53 -- 4 24.70 -- 0161 ACE OFFICE SPECIALIST 0 20.32 1,625.95 1 21.34 1,707.25 2 22.41 1,792.62 3 23.53 1,882.24 4 24.70 1,976.34 Page 420 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 41 of 71 0162 ACE OFFICE SPECIALIST-MAYOR 0 20.32 1,625.95 1 21.34 1,707.25 2 22.41 1,792.62 3 23.53 1,882.24 4 24.70 1,976.34 6311 ACE OPEN SPACE INSPECTOR 0 36.26 2,900.86 1 38.07 3,045.91 2 39.98 3,198.20 3 41.98 3,358.12 4 44.08 3,526.02 6302 MM OPEN SPACE MANAGER 0 44.47 3,557.98 1 46.70 3,735.88 2 49.03 3,922.68 3 51.49 4,118.81 4 54.06 4,324.76 3025 MM OPERATIONS AND TELECOMM MGR 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 6434 ACE PAINTER 0 27.46 2,196.64 1 28.83 2,306.46 2 30.27 2,421.78 3 31.79 2,542.88 4 33.38 2,670.02 2475 CONF PARALEGAL 0 30.94 2,475.11 1 32.49 2,598.85 2 34.11 2,728.81 3 35.82 2,865.25 4 37.61 3,008.51 2476 UCHR PARALEGAL 0 30.94 -- 1 32.49 -- 2 34.11 -- 3 35.82 -- 4 37.61 -- Page 421 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 42 of 71 5655 NIAF PARAMEDIC (NON-SAFETY) - A 0 20.03 1 21.03 2 22.08 3 23.19 4 24.35 5653 NIAF PARAMEDIC (NON-SAFETY) - C 0 32.05 1 33.65 2 35.33 3 37.10 4 38.96 5656 UCHR PARAMEDIC (NS/HRLY) 0 20.03 -- 1 21.03 -- 2 22.08 -- 3 23.19 -- 4 24.35 -- 5654 NIAF PARAMEDIC RECRUIT (NS) 0 -- -- 1 -- -- 2 -- -- 3 -- -- 4 19.08 1,526.40 7434 UCHR PARK RANGER 0 16.12 -- 1 16.93 -- 2 17.78 -- 3 18.67 -- 4 19.60 -- 7431 PROF PARK RANGER PROGRAM MANAGER 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 7441 ACE PARK RANGER SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 Page 422 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 43 of 71 5154 ACE PARKING ENFORCEMENT OFFICER 0 21.88 1,750.39 1 22.97 1,837.91 2 24.12 1,929.81 3 25.33 2,026.29 4 26.60 2,127.61 3693 ACE PARKING METER TECHNICIAN 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 7407 SM PARKS & RECREATION ADM 0 62.28 4,982.11 1 65.39 5,231.21 2 68.66 5,492.77 3 72.09 5,767.40 4 75.70 6,055.77 6619 ACE PARKS MAINT WORKER I 0 21.65 1,731.97 1 22.73 1,818.56 2 23.87 1,909.49 3 25.06 2,004.97 4 26.32 2,105.22 6620 UCHR PARKS MAINT WORKER I (HOURLY) 0 21.65 -- 1 22.73 -- 2 23.87 -- 3 25.06 -- 4 26.32 -- 6617 ACE PARKS MAINT WORKER II 0 23.81 1,905.16 1 25.01 2,000.41 2 26.26 2,100.45 3 27.57 2,205.46 4 28.95 2,315.73 6604 MM PARKS MANAGER 0 44.48 3,558.24 1 46.70 3,736.15 2 49.04 3,922.95 3 51.49 4,119.10 4 54.06 4,325.04 Page 423 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 44 of 71 6605 ACE PARKS SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 3665 CONF PAYROLL SPECIALIST 0 29.00 2,320.01 1 30.45 2,436.01 2 31.97 2,557.81 3 33.57 2,685.70 4 35.25 2,819.99 3663 CONF PAYROLL SUPERVISOR 0 34.32 2,745.97 1 36.04 2,883.28 2 37.84 3,027.44 3 39.74 3,178.81 4 41.72 3,337.76 5061 POA PEACE OFFICER 0 43.44 3,474.86 1 45.61 3,648.59 2 47.89 3,831.02 3 50.28 4,022.57 4 52.80 4,223.70 5 55.44 4,434.89 4731 MM PLAN CHECK SUPERVISOR 0 51.37 4,109.43 1 53.94 4,314.89 2 56.63 4,530.64 3 59.46 4,757.17 4 62.44 4,995.01 4753 ACE PLAN CHECK TECHNICIAN 0 31.53 2,522.49 1 33.11 2,648.61 2 34.76 2,781.04 3 36.50 2,920.10 4 38.33 3,066.10 Page 424 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 45 of 71 4727 SM PLANNING MANAGER 0 65.84 5,267.04 1 -- -- 2 71.04 5,683.21 3 74.59 5,967.37 4 79.43 6,354.08 4527 ACE PLANNING TECHNICIAN 0 25.91 2,072.61 1 27.20 2,176.21 2 28.56 2,285.02 3 29.99 2,399.28 4 31.49 2,519.25 6432 ACE PLUMBER 0 30.79 2,463.13 1 32.33 2,586.29 2 33.95 2,715.61 3 35.64 2,851.38 4 37.42 2,993.96 5219 UCHR POL WELLNESS COORDINATOR 0 45.92 -- 1 48.21 -- 2 50.62 -- 3 53.15 -- 4 55.81 -- 5025 SM POLICE ADMIN SVCS ADMINISTRATR 0 60.47 4,837.81 1 -- -- 2 -- -- 3 -- -- 4 73.50 5,880.19 5051 POA POLICE AGENT 0 47.83 3,826.37 1 50.22 4,017.69 2 52.73 4,218.57 3 55.37 4,429.48 4 58.14 4,650.95 5 61.04 4,883.51 Page 425 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 46 of 71 5022 SM POLICE CAPTAIN 0 83.33 6,666.26 1 -- -- 2 -- -- 3 -- -- 4 101.28 8,102.56 5258 ACE POLICE COMM RELATIONS SPEC 0 27.68 2,214.24 1 29.06 2,324.96 2 30.52 2,441.20 3 32.04 2,563.27 4 33.64 2,691.43 5185 MM POLICE COMMUNICATIONS SYS MGR 0 54.57 4,365.61 1 57.30 4,583.89 2 60.16 4,813.09 3 63.17 5,053.74 4 66.33 5,306.43 5187 UCHR POLICE DISPATCH CALLTAKER 0 24.60 -- 1 25.83 -- 2 27.12 -- 3 28.48 -- 4 29.90 -- 5180 UCHR POLICE DISPATCHER 0 33.83 -- 1 35.52 -- 2 37.30 -- 3 39.16 -- 4 41.12 -- 5181 ACE POLICE DISPATCHER 0 33.83 2,706.46 1 35.52 2,841.79 2 37.30 2,983.88 3 39.16 3,133.06 4 41.12 3,289.71 5183 ACE POLICE DISPATCHER SUPERVISOR 0 39.81 3,185.16 1 41.81 3,344.42 2 43.90 3,511.64 3 46.09 3,687.22 4 48.39 3,871.58 Page 426 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 47 of 71 5179 ACE POLICE DISPATCHER TRAINEE 0 30.76 2,460.42 1 32.29 2,583.45 2 33.91 2,712.61 3 35.60 2,848.24 4 37.38 2,990.65 5191 ACE POLICE FACILITY & SUPPLY COORD 0 28.24 2,259.45 1 29.66 2,372.42 2 31.14 2,491.03 3 32.69 2,615.57 4 34.33 2,746.37 5031 POA POLICE LIEUTENANT 0 66.03 5,282.16 1 69.33 5,546.26 2 72.79 5,823.58 3 76.43 6,114.77 4 80.26 6,420.51 5 84.27 6,741.54 5203 ACE POLICE RECORDS & SUPPORT SUPV 0 27.40 2,191.79 1 28.77 2,301.38 2 30.21 2,416.45 3 31.72 2,537.27 4 33.30 2,664.14 0165 ACE POLICE RECORDS SPECIALIST 0 20.72 1,657.31 1 21.75 1,740.17 2 22.84 1,827.18 3 23.98 1,918.54 4 25.18 2,014.47 0166 UCHR POLICE RECORDS SPECIALIST 0 20.72 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- Page 427 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 48 of 71 5071 ACE POLICE RECRUIT 0 32.89 2,631.19 1 34.53 2,762.73 2 36.26 2,900.86 3 38.07 3,045.91 4 39.98 3,198.20 5041 POA POLICE SERGEANT 0 55.02 4,401.47 1 57.77 4,621.55 2 60.66 4,852.63 3 63.69 5,095.25 4 66.88 5,350.02 5 70.22 5,617.52 5415 ACE POLICE SERVICES TECHNICIAN 0 26.08 2,086.79 1 27.39 2,191.13 2 28.76 2,300.70 3 30.20 2,415.72 4 31.71 2,536.52 5207 UCHR POLICE SUPPORT SERVICES AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 5205 MM POLICE SUPPORT SERVICES MGR 0 45.53 3,642.34 1 47.81 3,824.46 2 50.20 4,015.68 3 52.71 4,216.46 4 55.34 4,427.28 5209 MM POLICE TECHNOLOGY MANAGER 0 48.44 3,875.16 1 50.86 4,068.92 2 53.40 4,272.36 3 56.07 4,485.98 4 58.88 4,710.29 5107 ACE POLICE TECHNOLOGY SPECIALIST 0 41.24 3,299.07 1 43.30 3,464.02 2 45.47 3,637.23 3 47.74 3,819.08 4 50.13 4,010.04 Page 428 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 49 of 71 2013 PRUC POLICY AIDE 0 30.83 2,466.66 1 32.37 2,589.99 2 33.99 2,719.48 3 35.69 2,855.46 4 37.48 2,998.24 3629 MMCF PRINCIPAL ACCOUNTANT 0 45.13 3,610.64 1 47.39 3,791.17 2 49.76 3,980.72 3 52.25 4,179.76 4 54.86 4,388.74 6021 MM PRINCIPAL CIVIL ENGINEER 0 68.58 5,486.05 1 72.00 5,760.36 2 75.60 6,048.37 3 79.39 6,350.81 4 83.35 6,668.34 2724 MM PRINCIPAL ECON DEV SPECIALIST 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4486 MM PRINCIPAL LANDSCAPE ARCHITECT 0 52.43 4,194.39 1 55.05 4,404.12 2 57.80 4,624.32 3 60.69 4,855.54 4 63.73 5,098.31 7051 MM PRINCIPAL LIBRARIAN 0 45.59 3,647.58 1 47.87 3,829.95 2 50.27 4,021.44 3 52.78 4,222.52 4 55.42 4,433.65 0208 PROF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 Page 429 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 50 of 71 0214 PRCF PRINCIPAL MANAGEMENT ANALYST 0 47.71 3,816.44 1 50.09 4,007.26 2 52.60 4,207.62 3 55.23 4,418.01 4 57.99 4,638.91 4431 MM PRINCIPAL PLANNER 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 4212 PROF PRINCIPAL PROJECT COORDINATOR 0 54.40 4,351.65 1 57.12 4,569.22 2 59.97 4,797.68 3 62.97 5,037.57 4 66.12 5,289.44 7410 MM PRINCIPAL RECREATION MANAGER 0 45.86 3,668.49 1 48.15 3,851.91 2 50.56 4,044.50 3 53.08 4,246.73 4 55.74 4,459.07 6020 MM PRINCIPAL TRAFFIC ENGINEER 0 68.58 5,486.05 1 72.00 5,760.36 2 75.60 6,048.37 3 79.39 6,350.81 4 83.35 6,668.34 3717 MM PROCUREMENT SERVICES ANALYST 0 45.15 3,611.84 1 47.41 3,792.43 2 49.78 3,982.05 3 52.26 4,181.15 4 54.88 4,390.21 3721 ACE PROCUREMENT SPECIALIST 0 32.05 2,564.08 1 33.65 2,692.27 2 35.34 2,826.87 3 37.10 2,968.23 4 38.96 3,116.64 Page 430 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 51 of 71 3090 PROF PROGRAMMER ANALYST 0 40.65 3,252.31 1 42.69 3,414.92 2 44.82 3,585.68 3 47.06 3,764.96 4 49.42 3,953.20 4217 ACE PROJECT COORDINATOR I 0 34.31 2,745.11 1 36.03 2,882.37 2 37.83 3,026.49 3 39.72 3,177.82 4 41.71 3,336.71 4215 ACE PROJECT COORDINATOR II 0 37.75 3,019.62 1 39.63 3,170.61 2 41.61 3,329.15 3 43.69 3,495.59 4 45.88 3,670.37 5127 ACE PROPERTY & EVIDENCE SPECIALIST 0 22.92 1,833.22 1 24.06 1,924.88 2 25.26 2,021.14 3 26.53 2,122.19 4 27.85 2,228.30 5121 ACE PROPERTY & EVIDENCE SUPERVISOR 0 30.31 2,424.43 1 31.82 2,545.67 2 33.41 2,672.94 3 35.08 2,806.60 4 36.84 2,946.92 2782 CONF PUBLIC INFORMATION SPECIALIST 0 32.26 2,581.14 1 33.88 2,710.22 2 35.57 2,845.70 3 37.35 2,988.00 4 39.22 3,137.40 2783 ACE PUBLIC INFORMATION SPECIALIST 0 32.26 2,581.14 1 33.88 2,710.22 2 35.57 2,845.70 3 37.35 2,988.00 4 39.22 3,137.40 Page 431 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 52 of 71 5254 ACE PUBLIC SAFETY ANALYST 0 35.31 2,824.49 1 37.07 2,965.71 2 38.93 3,114.00 3 40.87 3,269.71 4 42.91 3,433.19 5256 UCHR PUBLIC SAFETY ANALYST 0 35.31 -- 1 37.07 -- 2 38.93 -- 3 40.87 -- 4 42.91 -- 6123 ACE PUBLIC WORKS INSPECTOR I 0 32.96 2,637.16 1 34.61 2,769.00 2 36.34 2,907.46 3 38.16 3,052.83 4 40.07 3,205.47 6121 ACE PUBLIC WORKS INSPECTOR II 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 6336 MM PUBLIC WORKS MANAGER 0 46.74 3,739.43 1 49.08 3,926.40 2 51.53 4,122.72 3 54.11 4,328.86 4 56.82 4,545.30 6712 ACE PUBLIC WORKS SPECIALIST 0 26.28 2,102.08 1 27.59 2,207.17 2 28.97 2,317.52 3 30.42 2,433.40 4 31.94 2,555.09 6327 SM PUBLIC WORKS SUPERINTENDENT 0 60.54 4,843.42 1 63.57 5,085.58 2 66.75 5,339.87 3 70.09 5,606.86 4 73.59 5,887.21 Page 432 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 53 of 71 6337 ACE PUBLIC WORKS SUPERVISOR 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 6392 ACE PUMP MAINTENANCE SUPERVISOR 0 35.61 2,848.91 1 37.39 2,991.37 2 39.26 3,140.92 3 41.22 3,297.97 4 43.29 3,462.87 6396 ACE PUMP MAINTENANCE TECHNICIAN 0 30.97 2,477.31 1 32.51 2,601.18 2 34.14 2,731.23 3 35.85 2,867.79 4 37.64 3,011.18 3711 SM PURCHASING AGENT 0 57.34 4,587.55 1 -- -- 2 -- -- 3 -- -- 4 69.70 5,576.19 5417 ACE RANGE MASTER 0 26.47 2,117.97 1 27.80 2,223.87 2 29.19 2,335.06 3 30.65 2,451.81 4 32.18 2,574.41 5418 UCHR RANGE MASTER 0 25.70 -- 1 26.99 -- 2 28.34 -- 3 29.76 -- 4 31.24 -- 2211 MM RECORDS MANAGER 0 36.26 2,900.49 1 38.07 3,045.53 2 39.97 3,197.79 3 41.97 3,357.70 4 44.07 3,525.57 Page 433 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 54 of 71 2217 ACE RECORDS SPECIALIST 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 7605 UCHR RECREATION AIDE 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 7603 UCHR RECREATION LEADER 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7601 UCHR RECREATION SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 7425 ACE RECREATION SUPERVISOR I 0 26.66 2,132.89 1 27.99 2,239.53 2 29.39 2,351.52 3 30.86 2,469.09 4 32.41 2,592.54 7426 UCHR RECREATION SUPERVISOR I 0 26.66 -- 1 27.99 -- 2 29.39 -- 3 30.86 -- 4 32.41 -- 7423 ACE RECREATION SUPERVISOR II 0 29.33 2,346.18 1 30.79 2,463.49 2 32.33 2,586.66 3 33.95 2,716.00 4 35.65 2,851.80 Page 434 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 55 of 71 7422 ACE RECREATION SUPERVISOR III 0 33.73 2,698.11 1 35.41 2,833.02 2 37.18 2,974.67 3 39.04 3,123.39 4 40.99 3,279.56 2742 ACE RECYCLING SPECIALIST I 0 26.03 2,082.39 1 27.33 2,186.51 2 28.70 2,295.85 3 30.13 2,410.62 4 31.64 2,531.16 2744 ACE RECYCLING SPECIALIST II 0 28.63 2,290.64 1 30.06 2,405.18 2 31.57 2,525.43 3 33.15 2,651.70 4 34.80 2,784.29 5307 ACE REGISTERED VETERINARY TECH 0 24.86 1,988.48 1 26.10 2,087.90 2 27.40 2,192.30 3 28.77 2,301.93 4 30.21 2,417.03 5312 UCHR REGISTERED VETERINARY TECH 0 24.86 -- 1 26.10 -- 2 27.40 -- 3 28.77 -- 4 30.21 -- 5081 UCHR RESERVE OFFICER 0 14.24 -- 1 14.95 -- 2 15.69 -- 3 -- -- 4 -- -- 9903 UCHR RET ANNT - HOMELESS SOL COORD 0 37.77 -- 1 39.66 -- 2 41.64 -- 3 43.72 -- 4 45.91 -- Page 435 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 56 of 71 3689 SM REVENUE MANAGER 0 58.27 4,661.27 1 -- -- 2 66.85 5,348.08 3 -- -- 4 70.82 5,665.80 3367 PRCF RISK MANAGEMENT SPECIALIST 0 38.48 3,078.08 1 40.40 3,231.98 2 42.42 3,393.59 3 44.54 3,563.27 4 46.77 3,741.43 0231 UCHR SEASONAL ASSISTANT 0 15.50 -- 1 16.28 -- 2 17.09 -- 3 17.94 -- 4 18.84 -- 0171 ACE SECRETARY 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 3630 MMCF SENIOR ACCOUNTANT 0 40.66 3,252.61 1 42.69 3,415.24 2 44.82 3,585.99 3 47.07 3,765.30 4 49.42 3,953.56 3651 ACE SENIOR ACCOUNTING ASSISTANT 0 26.57 2,125.24 1 27.89 2,231.50 2 29.29 2,343.09 3 30.75 2,460.26 4 32.29 2,583.26 0185 ACE SENIOR ADMIN SECRETARY 0 31.40 2,512.16 1 32.97 2,637.76 2 34.62 2,769.66 3 36.35 2,908.11 4 38.17 3,053.53 Page 436 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 57 of 71 5345 ACE SENIOR ANIMAL CARE SPECIALIST 0 23.82 1,905.62 1 25.01 2,000.91 2 26.26 2,100.95 3 27.58 2,206.00 4 28.95 2,316.29 3089 PROF SENIOR APPLICATION SUPP SPEC 0 45.04 3,602.83 1 47.29 3,782.98 2 49.65 3,972.12 3 52.13 4,170.74 4 54.74 4,379.27 2403 SM SENIOR ASSISTANT CITY ATTORNEY 0 85.62 6,849.40 1 89.90 7,191.87 2 94.39 7,551.47 3 99.11 7,929.04 4 104.07 8,325.49 4781 ACE SENIOR BUILDING INSPECTOR 0 41.70 3,335.97 1 43.78 3,502.78 2 45.97 3,677.92 3 48.27 3,861.82 4 50.69 4,054.89 4507 ACE SENIOR BUSINESS LICENSE REP 0 26.57 2,125.24 1 27.89 2,231.50 2 29.29 2,343.09 3 30.75 2,460.26 4 32.29 2,583.26 6019 WCE SENIOR CIVIL ENGINEER 0 58.41 4,672.70 1 61.33 4,906.34 2 64.40 5,151.65 3 67.62 5,409.24 4 71.00 5,679.70 4763 ACE SENIOR CODE ENFORCEMNT OFFICER 0 39.84 3,187.43 1 41.83 3,346.79 2 43.93 3,514.14 3 46.12 3,689.83 4 48.43 3,874.33 Page 437 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 58 of 71 6204 ACE SENIOR CONSERVATION SPECIALIST 0 32.93 2,634.26 1 34.57 2,765.97 2 36.30 2,904.26 3 38.12 3,049.47 4 40.02 3,201.95 2025 UCHR SENIOR COUNCIL ASSISTANT 0 29.52 -- 1 31.00 -- 2 32.55 -- 3 34.18 -- 4 35.88 -- 2027 CONF SENIOR COUNCIL ASSISTANT 0 29.52 2,361.79 1 31.00 2,479.88 2 32.55 2,603.87 3 34.18 2,734.07 4 35.88 2,870.77 2725 PROF SENIOR ECON DEVELOPMENT SPEC 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 6442 ACE SENIOR ELECTRICIAN 0 35.41 2,832.60 1 37.18 2,974.24 2 39.04 3,122.95 3 40.99 3,279.09 4 43.04 3,443.04 6471 ACE SENIOR ELECTRONICS TECHNICIAN 0 38.95 3,115.87 1 40.90 3,271.66 2 42.94 3,435.25 3 45.09 3,607.01 4 47.34 3,787.35 6059 ACE SENIOR ENGINEERING TECHNICIAN 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 Page 438 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 59 of 71 6512 ACE SENIOR EQUIPMENT MECHANIC 0 34.06 2,725.05 1 35.77 2,861.30 2 37.55 3,004.36 3 39.43 3,154.57 4 41.40 3,312.30 5529 IAFF SENIOR FIRE INSPECTOR/INVESTIG 0 43.11 3,448.41 1 45.26 3,620.82 2 47.52 3,801.87 3 49.90 3,991.97 4 52.39 4,191.55 0175 ACE SENIOR FISCAL OFFICE SPECIALST 0 23.47 1,877.99 1 24.65 1,971.89 2 25.88 2,070.50 3 27.18 2,174.01 4 28.53 2,282.72 3073 ACE SENIOR GIS ANALYST 0 37.87 3,029.38 1 39.76 3,180.86 2 41.75 3,339.90 3 43.84 3,506.89 4 46.03 3,682.24 2764 PROF SENIOR GRAPHIC DESIGNER 0 37.91 3,032.45 1 39.80 3,184.07 2 41.79 3,343.28 3 43.88 3,510.44 4 46.07 3,685.95 3308 PRCF SENIOR HR ANALYST 0 42.38 3,390.24 1 44.50 3,559.75 2 46.72 3,737.74 3 49.06 3,924.62 4 51.51 4,120.86 3316 CONF SENIOR HR TECHNICIAN 0 31.61 2,528.94 1 33.19 2,655.39 2 34.85 2,788.17 3 36.59 2,927.57 4 38.42 3,073.95 Page 439 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 60 of 71 6441 ACE SENIOR HVAC TECHNICIAN 0 35.41 2,832.60 1 37.18 2,974.24 2 39.04 3,122.95 3 40.99 3,279.09 4 43.04 3,443.04 3012 PROF SENIOR INFO TECH SUPPORT SPEC 0 39.79 3,182.82 1 41.77 3,341.96 2 43.86 3,509.06 3 46.06 3,684.51 4 48.36 3,868.73 3031 PROF SENIOR ITS/POL SPEC II (T) 0 43.84 3,507.35 1 46.03 3,682.72 2 48.34 3,866.86 3 50.75 4,060.20 4 53.29 4,263.21 6285 WCE SENIOR LAND SURVEYOR 0 53.10 4,247.91 1 55.75 4,460.31 2 58.54 4,683.32 3 61.47 4,917.49 4 64.54 5,163.36 6295 ACE SENIOR LANDSCAPE INSPECTOR 0 41.70 3,335.99 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.91 5110 ACE SENIOR LATENT PRINT EXAMINER 0 44.76 3,580.65 1 47.00 3,759.70 2 49.35 3,947.67 3 51.81 4,145.07 4 54.40 4,352.31 2463 CONF SENIOR LEGAL ASSISTANT 0 31.71 2,537.03 1 33.30 2,663.87 2 34.96 2,797.07 3 36.71 2,936.92 4 38.55 3,083.78 Page 440 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 61 of 71 7053 MM SENIOR LIBRARIAN 0 36.38 2,910.37 1 38.20 3,055.89 2 40.11 3,208.69 3 42.11 3,369.12 4 44.22 3,537.57 7589 UCHR SENIOR LIFEGUARD 0 19.69 -- 1 20.67 -- 2 21.71 -- 3 22.79 -- 4 23.93 -- 6371 ACE SENIOR MAINTENANCE WORKER 0 28.58 2,286.19 1 30.01 2,400.51 2 31.51 2,520.52 3 33.08 2,646.55 4 34.74 2,778.88 0206 PROF SENIOR MANAGEMENT ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 0226 PRCF SENIOR MANAGEMENT ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 3051 PROF SENIOR NETWORK ENGINEER 0 53.48 4,278.50 1 56.16 4,492.44 2 58.96 4,717.06 3 61.91 4,952.91 4 65.01 5,200.55 0173 ACE SENIOR OFFICE SPECIALIST 0 22.36 1,788.57 1 23.48 1,878.00 2 24.65 1,971.90 3 25.88 2,070.51 4 27.18 2,174.01 Page 441 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 62 of 71 0174 UCHR SENIOR OFFICE SPECIALIST 0 22.36 -- 1 23.48 -- 2 24.65 -- 3 25.88 -- 4 27.18 -- 6309 ACE SENIOR OPEN SPACE INSPECTOR 0 41.70 3,335.99 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.91 7439 ACE SENIOR PARK RANGER 0 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 5157 ACE SENIOR PARKING ENFORCEMENT OFF 0 24.07 1,925.43 1 25.27 2,021.70 2 26.53 2,122.79 3 27.86 2,228.92 4 29.25 2,340.37 6615 ACE SENIOR PARKS MAINT WORKER 0 28.58 2,286.19 1 30.01 2,400.51 2 31.51 2,520.52 3 33.08 2,646.55 4 34.74 2,778.88 4746 WCE SENIOR PLAN CHECK ENGINEER 0 49.22 3,937.23 1 51.68 4,134.09 2 54.26 4,340.79 3 56.97 4,557.84 4 59.82 4,785.73 4751 ACE SENIOR PLAN CHECK TECHNICIAN 0 36.26 2,900.85 1 38.07 3,045.90 2 39.98 3,198.18 3 41.98 3,358.12 4 44.08 3,526.01 Page 442 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 63 of 71 4432 PROF SENIOR PLANNER 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 4529 ACE SENIOR PLANNING TECHNICIAN 0 29.79 2,383.47 1 31.28 2,502.65 2 32.85 2,627.79 3 34.49 2,759.17 4 36.21 2,897.14 0135 ACE SENIOR POLICE RECORDS SPEC 0 23.82 1,905.90 1 25.02 2,001.21 2 26.27 2,101.26 3 27.58 2,206.32 4 28.96 2,316.63 0136 UCHR SENIOR POLICE RECORDS SPEC 0 23.82 -- 1 25.02 -- 2 26.27 -- 3 27.58 -- 4 28.96 -- 3728 PROF SENIOR PROCUREMENT SPECIALIST 0 36.36 2,909.16 1 38.18 3,054.62 2 40.09 3,207.35 3 42.10 3,367.72 4 44.20 3,536.11 3091 PROF SENIOR PROGRAMMER ANALYST 0 46.35 3,707.71 1 48.66 3,893.11 2 51.10 4,087.76 3 53.65 4,292.15 4 56.33 4,506.75 4214 PROF SENIOR PROJECT COORDINATOR 0 45.92 3,673.28 1 48.21 3,856.94 2 50.62 4,049.79 3 53.15 4,252.28 4 55.81 4,464.89 Page 443 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 64 of 71 5125 ACE SENIOR PROPRTY & EVIDENCE SPEC 0 26.35 2,108.20 1 27.67 2,213.62 2 29.05 2,324.31 3 30.51 2,440.51 4 32.03 2,562.54 5248 UCHR SENIOR PUBLIC SAFETY ANALYST 0 43.37 -- 1 45.54 -- 2 47.81 -- 3 50.20 -- 4 52.71 -- 5260 PROF SENIOR PUBLIC SAFETY ANALYST 0 43.37 3,469.49 1 45.54 3,642.97 2 47.81 3,825.11 3 50.20 4,016.37 4 52.71 4,217.19 6101 ACE SENIOR PUBLIC WORKS INSPECTOR 0 41.70 3,335.98 1 43.78 3,502.79 2 45.97 3,677.93 3 48.27 3,861.83 4 50.69 4,054.90 6702 ACE SENIOR PUBLIC WORKS SPECIALIST 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 2215 ACE SENIOR RECORDS SPECIALIST 0 25.71 2,056.86 1 27.00 2,159.69 2 28.35 2,267.68 3 29.76 2,381.07 4 31.25 2,500.12 2746 ACE SENIOR RECYCLING SPECIALIST 0 32.93 2,634.26 1 34.57 2,765.97 2 36.30 2,904.26 3 38.12 3,049.47 4 40.02 3,201.95 Page 444 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 65 of 71 3365 PRCF SENIOR RISK MANAGEMENT SPEC 0 44.25 3,539.80 1 46.46 3,716.79 2 48.78 3,902.62 3 51.22 4,097.76 4 53.78 4,302.65 0177 ACE SENIOR SECRETARY 0 24.59 1,967.42 1 25.82 2,065.81 2 27.11 2,169.09 3 28.47 2,277.56 4 29.89 2,391.43 6573 ACE SENIOR TREE TRIMMER 0 31.44 2,514.81 1 33.01 2,640.56 2 34.66 2,772.57 3 36.39 2,911.21 4 38.21 3,056.77 2779 PROF SENIOR WEBMASTER 0 38.04 3,043.57 1 39.95 3,195.73 2 41.94 3,355.53 3 44.04 3,523.31 4 46.24 3,699.48 6169 ACE SIGNAL SYSTEMS ENGINEER I 0 37.90 3,031.81 1 39.79 3,183.38 2 41.78 3,342.56 3 43.87 3,509.69 4 46.06 3,685.16 6170 ACE SIGNAL SYSTEMS ENGINEER II 0 41.69 3,334.98 1 43.77 3,501.73 2 45.96 3,676.80 3 48.26 3,860.65 4 50.67 4,053.68 6355 ACE SIGNING AND STRIPING SUPV 0 35.03 2,802.19 1 36.78 2,942.29 2 38.62 3,089.41 3 40.55 3,243.88 4 42.58 3,406.08 Page 445 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 66 of 71 2751 SM SPECIAL PROJECTS MGR 0 51.21 4,096.74 1 52.51 4,200.62 2 55.13 4,410.65 3 57.89 4,631.18 4 62.25 4,979.60 6614 UCHR SR PARKS MAINT WRKR (HOURLY) 0 28.58 -- 1 30.01 -- 2 31.51 -- 3 33.08 -- 4 34.74 -- 3734 ACE STOREKEEPER 0 23.78 1,902.55 1 24.97 1,997.69 2 26.22 2,097.56 3 27.53 2,202.45 4 28.91 2,312.57 3732 ACE STOREKEEPER SUPERVISOR 0 28.54 2,283.07 1 29.97 2,397.22 2 31.46 2,517.08 3 33.04 2,642.94 4 34.69 2,775.09 6127 ACE STORMWATER COMPLNCE INSP I 0 30.76 2,461.04 1 32.30 2,584.09 2 33.92 2,713.30 3 35.61 2,848.97 4 37.39 2,991.42 6125 ACE STORMWATER COMPLNCE INSP II 0 33.84 2,707.15 1 35.53 2,842.50 2 37.31 2,984.63 3 39.17 3,133.87 4 41.13 3,290.55 6137 ACE STORMWATER ENV SPECIALIST I 0 34.46 2,757.01 1 36.19 2,894.88 2 38.00 3,039.61 3 39.90 3,191.60 4 41.89 3,351.19 Page 446 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 67 of 71 6135 ACE STORMWATER ENV SPECIALIST II 0 37.91 3,032.73 1 39.80 3,184.37 2 41.79 3,343.59 3 43.88 3,510.74 4 46.08 3,686.31 6131 MM STORMWATER PROGRAM MANAGER 0 50.67 4,053.85 1 53.21 4,256.54 2 55.87 4,469.36 3 58.66 4,692.84 4 61.59 4,927.48 5241 MM SUPRVSNG PUBLIC SAFETY ANALYST 0 49.87 3,989.91 1 52.37 4,189.42 2 54.99 4,398.88 3 57.74 4,618.83 4 60.62 4,849.76 6151 ACE SURVEY TECHNICIAN I 0 28.66 2,293.16 1 30.10 2,407.82 2 31.60 2,528.21 3 33.18 2,654.63 4 34.84 2,787.37 6141 ACE SURVEY TECHNICIAN II 0 31.53 2,522.48 1 33.11 2,648.60 2 34.76 2,781.03 3 36.50 2,920.08 4 38.33 3,066.09 3015 PROF SYSTEMS/DATABASE ADMINISTRATOR 0 42.34 3,386.83 1 44.45 3,556.18 2 46.67 3,733.98 3 49.01 3,920.69 4 51.46 4,116.71 3027 ACE TELECOMMUNICATIONS SPECIALIST 0 26.53 2,122.26 1 27.85 2,228.37 2 29.25 2,339.79 3 30.71 2,456.78 4 32.25 2,579.62 Page 447 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 68 of 71 7503 UCHR TINY TOT AIDE 0 17.83 -- 1 18.72 -- 2 19.65 -- 3 20.63 -- 4 21.67 -- 7505 UCHR TINY TOT SPECIALIST 0 21.39 -- 1 22.46 -- 2 23.58 -- 3 24.76 -- 4 26.00 -- 5155 UCHR TRAFFIC CONTROL ASSISTANT 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 5293 UCHR TRAFFIC OFFICER 0 15.69 -- 1 16.48 -- 2 17.30 -- 3 18.17 -- 4 19.08 -- 6187 ACE TRAFFIC SIGNAL & LIGHT TECH I 0 30.20 2,416.35 1 31.71 2,537.17 2 33.30 2,664.02 3 34.97 2,797.22 4 36.71 2,937.09 6185 ACE TRAFFIC SIGNAL & LIGHT TECH II 0 33.22 2,657.99 1 34.89 2,790.88 2 36.63 2,930.43 3 38.46 3,076.93 4 40.38 3,230.79 6181 ACE TRAFFIC SIGNAL & LIGHTING SUPV 0 38.21 3,056.68 1 40.12 3,209.52 2 42.12 3,369.98 3 44.23 3,538.49 4 46.44 3,715.40 Page 448 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 69 of 71 5262 ACE TRAINING PROGRAM SPECIALIST 0 27.68 2,214.24 1 29.06 2,324.96 2 30.52 2,441.20 3 32.04 2,563.27 4 33.64 2,691.43 6031 WCE TRANSPORTATION ENGR W CERT 0 58.41 4,672.70 1 61.33 4,906.34 2 64.40 5,151.65 3 67.62 5,409.24 4 71.00 5,679.70 6033 WCE TRANSPORTATION ENGR W/O CERT 0 55.63 4,450.20 1 58.41 4,672.71 2 61.33 4,906.35 3 64.40 5,151.66 4 67.62 5,409.25 6575 ACE TREE TRIMMER 0 26.20 2,095.67 1 27.51 2,200.46 2 28.88 2,310.48 3 30.33 2,426.00 4 31.84 2,547.30 6572 ACE TREE TRIMMER SUPERVISOR 0 36.15 2,892.02 1 37.96 3,036.64 2 39.86 3,188.47 3 41.85 3,347.89 4 43.94 3,515.29 5308 UCHR VETERINARIAN 0 46.77 -- 1 49.11 -- 2 51.57 -- 3 54.15 -- 4 56.85 -- 5331 PROF VETERINARIAN (PERMITTED) 0 60.50 4,840.26 1 63.53 5,082.26 2 66.70 5,336.39 3 70.04 5,603.21 4 73.54 5,883.36 Page 449 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 70 of 71 5335 PROF VETERINARIAN I 0 42.97 3,437.68 1 45.12 3,609.57 2 47.38 3,790.04 3 49.74 3,979.54 4 52.23 4,178.52 5333 PROF VETERINARIAN II 0 49.42 3,953.33 1 51.89 4,150.98 2 54.48 4,358.54 3 57.21 4,576.46 4 60.07 4,805.29 5334 UCHR VETERINARIAN II 0 49.42 -- 1 51.89 -- 2 54.48 -- 3 57.21 -- 4 60.07 -- 5323 UCHR VETERINARY ASSISTANT 0 20.71 -- 1 21.75 -- 2 22.84 -- 3 23.98 -- 4 25.18 -- 5325 ACE VETERINARY ASSISTANT 0 20.71 1,657.08 1 21.75 1,739.93 2 22.84 1,826.92 3 23.98 1,918.28 4 25.18 2,014.19 3029 ACE VOIP/VIDEOCONF SPECIALIST 0 35.54 2,843.49 1 37.32 2,985.67 2 39.19 3,134.95 3 41.15 3,291.69 4 43.20 3,456.29 7131 ACE VOLUNTEER COORDINATOR 0 22.64 1,811.44 1 23.78 1,902.02 2 24.96 1,997.13 3 26.21 2,096.98 4 27.52 2,201.82 Page 450 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Fiscal Year 2023-2024 Compensation Schedule Effective September 22, 2023 Job BU Position Title Step Hourly Period Step 0 = Step A, Step 1 = Step B, Step 2 = Step C, Step 3 = Step D, Step 4 = Step E, Step 5 = Step F Period rate shown is based on an 80‐hour per pay period, with exception of Fire Department positions with an A or B designation. Approved and Adopted: Resolution No. Page 71 of 71 2777 ACE WEBMASTER 0 34.08 2,726.51 1 35.79 2,862.83 2 37.57 3,005.98 3 39.45 3,156.27 4 41.43 3,314.09 Revised June 6, 2023 (Effective July 14, 2023) July 11, 2023 (Effective July 14, 2023) September 12, 2023 (Effective September 22, 2023 | Mayor, City Attorney and Councilperson salaries effective July 1, 2023) Page 451 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX EXHIBIT 1 OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as “700 Forms”) with the Fair Political Practices Commission, as required by California Government Code §§87200 – 87210: Mayor City Councilmember City Manager City Attorney Director of Finance/City Treasurer Planning Commission Member Candidate for Elective Office In addition, each official falling within any of the above-listed categories, except “Candidates for Elective Office,” is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Where “Full Disclosure” is indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Title ................................................................................................ Disclosure Category Administrative Services Manager .......................................................................................... 1, 2, 5 Animal Care Facility Manager............................................................................................ 1, 3, 6,7 Assistant Chief of Police ......................................................................................... Full Disclosure Assistant City Attorney Series Senior Assistant City Attorney ................................................................... Full Disclosure Assistant City Attorney ............................................................................... Full Disclosure Assistant City Manager ........................................................................................... Full Disclosure Assistant Director of Development Services ..................................................................... 1, 2, 6, 7 Assistant Director of Engineering .......................................................................................... 1, 2, 5 Page 452 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Assistant Director of Finance.................................................................................. Full Disclosure Assistant Director of Human Resources ................................................................................ 1, 3, 5 Assistant Director of Public Works ....................................................................................... 1, 2, 5 Assistant Director of Recreation ........................................................................................ 1, 2, 6, 7 Associate Surveyor .................................................................................................................... 3, 4 Benefits Manager ........................................................................................................................... 5 Budget & Analysis Manager ................................................................................... Full Disclosure Building Inspection Manager ......................................................................................................... 3 Building Inspector Series Senior Building Inspector .............................................................................................. 3, 4 Building Inspector (all levels) ............................................................................................ 3 Building Official ........................................................................................................................ 1, 2 Building Official/Code Enforcement Manager .......................................................................... 1, 2 Building Project Manager ...................................................................................................... 3, 4, 5 Building Services Manager .................................................................................................... 1, 2, 5 Building Services Supervisor ......................................................................................................... 6 Chief of Police ........................................................................................................ Full Disclosure Chief of Staff........................................................................................................... Full Disclosure Chief Sustainability Officer ............................................................................................... 1, 2, 6, 7 City Attorney Investigator ...................................................................................... Full Disclosure City Clerk ............................................................................................................................... 1, 2, 6 City Librarian ......................................................................................................................... 2, 6, 7 Civil Engineer Series Principal Civil Engineer ............................................................................................. 3, 4, 5 Senior Civil Engineer ................................................................................................. 3, 4, 5 Associate Civil Engineer.................................................................................................... 3 Code Enforcement Series Code Enforcement Manager .......................................................................................... 3, 4 Senior Code Enforcement Officer ................................................................................. 3, 4 Code Enforcement Officer (all levels) ............................................................................... 3 Collections Supervisor ............................................................................................................... 3, 5 Page 453 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Communication/Special Events Coordinator ............................................................................. 5, 7 Communications Manager ......................................................................................................... 3, 5 Community Engagement Specialist ........................................................................................... 5, 6 Constituent Services Manager ................................................................................ Full Disclosure Construction & Repair Supervisor ................................................................................................. 6 Council Assistant Series Senior Council Assistant ............................................................................. Full Disclosure Council Assistant ........................................................................................ Full Disclosure Deputy City Attorney (all levels) ............................................................................ Full Disclosure Deputy City Manager .............................................................................................. Full Disclosure Deputy Director, City Clerk Services .................................................................................... 1, 2, 6 Deputy Director of Community Services ............................................................... Full Disclosure Deputy Fire Chief .................................................................................................................. 1, 2, 6 Development Automation Specialist ..................................................................................... 3, 4, 5 Development Project Manager .......................................................................................... 1, 2, 6, 7 Development Services Counter Manager .................................................................................. 3, 4 Director of Animal Services .............................................................................................. 1, 3, 6, 7 Director of Development Services ..................................................................................... 1, 2, 6, 7 Director of Community Services ............................................................................ Full Disclosure Director of Economic Development .................................................................................. 1, 2, 6, 7 Director of Engineering/City Engineer .............................................................................. 1, 2, 6, 7 Director of Housing & Homeless Services ............................................................. Full Disclosure Director of Human Resources/Risk Management ................................................................. 1, 3, 5 Director of Information Technology Services ............................................................................... 6 Director of Public Works ....................................................................................................... 1, 2, 5 Economic Development Specialist Series Principal Economic Development Specialist ............................................................. 1, 2, 7 Senior Economic Development Specialist ................................................................. 1, 2, 7 Economic Development Manager ...................................................................................... 1, 2, 6, 7 Emergency Services Manager ........................................................................................................ 5 Page 454 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Engineer Series Associate Engineer......................................................................................................... 3, 4 Assistant Engineer ......................................................................................................... 3, 4 Fire Inventory Specialist ................................................................................................................ 6 Environmental Services Manager .......................................................................................... 3, 6, 7 Environmental Sustainability Manager.................................................................................. 3, 6, 7 Facilities Financing Manager ............................................................................................. 1, 2, 6, 7 Facilities Manager .......................................................................................................................... 5 Finance Manager (including with CPA) ................................................................. Full Disclosure Fire Battalion Chief (all designations) ........................................................................................... 6 Fire Captain (C only; including hourly; excluding when assigned to the academy) ..................... 6 Fire Chief ............................................................................................................................... 1, 2, 6 Fire Division Chief ................................................................................................................ 1, 2, 6 Fire Inspector/Investigator Series Senior Fire Inspector/Investigator .................................................................................. 3, 4 Fire Inspector/Investigator (all levels) ........................................................................... 3, 4 Fire Prevention Engineer/Investigator ....................................................................................... 3, 4 Fire Prevention Aide ...................................................................................................................... 3 Fire Prevention Specialist .......................................................................................................... 3, 4 Fiscal and Management Analyst .................................................................................................... 5 Fiscal Debt Management Analyst .................................................................................................. 5 Fiscal Services Analyst .............................................................................................................. 3, 5 Fleet Inventory Control Specialist ................................................................................................. 5 Fleet Manager ................................................................................................................................ 5 Fleet Supervisor ............................................................................................................................. 5 Homeless Solutions Manager ............................................................................................ 1, 2, 6, 7 Housing Manager ............................................................................................................... 1, 2, 6, 7 Human Resources Manager ....................................................................................................... 5, 7 Information Technology Manager ................................................................................................. 6 Information Technology Project Manager ..................................................................................... 6 Page 455 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Land Surveyor Series Associate Land Surveyor ............................................................................................... 3, 4 Senior Land Surveyor .................................................................................................... 4, 5 Landscape Architect Series Principal Landscape Architect ....................................................................................... 1, 2 Senior Landscape Inspector ........................................................................................... 3, 4 Landscape Architect....................................................................................................... 3, 4 Landscape Planner (all levels) ................................................................................................... 3, 4 Law Office Manager ...................................................................................................................... 6 Librarian Series Principal Librarian ......................................................................................................... 6, 7 Senior Librarian ............................................................................................................. 6, 7 Librarian III (excluding hourly) ......................................................................................... 6 Library Digital Services Manager .................................................................................................. 6 Management Analyst Series Principal Management Analyst (when assigned to Housing & Public Works) ......... 3, 5, 7 Principal Management Analyst (all assignments unless otherwise noted) .................... 3, 5 Senior Management Analyst (all assignments unless otherwise noted) ........................ 5, 7 Senior Management Analyst (when assigned to Finance and Parks & Recreation) .......... 5 Management Analyst (all levels, assigned to Finance, Fire, Development Services, & Police) ................................................................................................................................ 5 Management Analyst (all levels, all assignments unless otherwise noted; excluding hourly) ................................................................................................................................ 6 Open Space Inspector Series Senior Open Space Inspector ......................................................................................... 3, 5 Open Space Inspector .................................................................................................... 3, 5 Open Space Manager ................................................................................................................. 3, 5 Park Ranger Program Manager ................................................................................................. 3, 5 Park Ranger Series Senior Park Ranger ............................................................................................................ 3 Park Ranger (excluding hourly) ........................................................................................ 3 Page 456 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Park Ranger Supervisor ................................................................................................................. 3 Parks and Recreation Administrator ....................................................................... Full Disclosure Parks Manager ....................................................................................................................... 3, 4, 5 Plan Check Engineer Series Senior Plan Check Engineer .......................................................................................... 3, 4 Assistant Plan Check Engineer ...................................................................................... 1, 2 Associate Plan Check Engineer ..................................................................................... 1, 2 Plan Check Supervisor ............................................................................................................... 1, 2 Planner Series Principal Planner ............................................................................................................ 1, 2 Senior Planner ................................................................................................................ 1, 2 Assistant Planner ............................................................................................................ 3, 4 Associate Planner ........................................................................................................... 3, 4 Planning Manager ...................................................................................................................... 1, 2 Police Administrative Services Administrator........................................................ Full Disclosure Police Captain ......................................................................................................... Full Disclosure Police Facility and Supply Coordinator ......................................................................................... 6 Police Technology Manager ...................................................................................................... 3, 6 Policy Aide.............................................................................................................. Full Disclosure Principal Accountant ...................................................................................................................... 5 Principal Recreation Manager........................................................................................................ 6 Principal Traffic Engineer ...................................................................................................... 3, 4, 5 Procurement Services Analyst ................................................................................ Full Disclosure Procurement Specialist Series Senior Procurement Specialist .................................................................... Full Disclosure Procurement Specialist....................................................................................................... 5 Project Coordinator Series Principal Project Coordinator .................................................................................... 1, 2, 7 Senior Project Coordinator ........................................................................................ 1, 2, 7 Project Coordinator (all levels) ...................................................................................... 2, 7 Page 457 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Position Title ................................................................................................ Disclosure Category Public Works Inspector Series Senior Public Works Inspector .................................................................................. 3, 4, 5 Public Works Inspector (all levels) ............................................................................ 3, 4, 5 Public Works Manager .......................................................................................................... 1, 2, 5 Public Works Superintendent ................................................................................................ 1, 2, 5 Public Works Supervisor ....................................................................................................... 1, 2, 5 Purchasing Agent .................................................................................................... Full Disclosure Revenue Manager ................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist .............................................................................. 1, 2 Risk Management Specialist .......................................................................................... 1, 2 Risk Manager ............................................................................................................................. 1, 2 Senior Electronics Technician ....................................................................................................... 5 Senior Graphic Designer ................................................................................................................ 5 Senior Land Surveyor ................................................................................................................ 4, 5 Senior Public Works Inspector .............................................................................................. 3, 4, 5 Senior Risk Management Specialist .......................................................................................... 1, 2 Smart Technology Officer ......................................................................................................... 3, 6 Special Projects Manager ........................................................................................ Full Disclosure Stormwater Compliance Inspector II ............................................................................................. 3 Stormwater Environmental Specialist (all levels).......................................................................... 3 Stormwater Program Manager ............................................................................................... 3, 4, 5 Supervising Public Safety Analyst............................................................................................. 3, 6 Traffic Signal & Lighting Supervisor .................................................................................... 3, 4, 5 Transportation Engineer (with Cert. and without Cert.) ........................................................ 3, 4, 5 Veterinarian (Permitted, all levels, except hourly) ........................................................................ 6 Boards and Commissions Member: Board of Appeals and Advisors Member....................................................................... 2, 5 Board of Ethics Member ................................................................................................ 1, 2 Civil Service Commission Member ................................................................................... 3 Charter Review Commission Member....................................................................... 1, 2, 5 Redistricting Commission Member ........................................................................... 1, 2, 5 Page 458 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 9/5/2023, Resolution No. 2023-XXX Mobilehome Rent Review Commission Member.......................................................... 1, 2 Consultants/Newly Created Positions* ................................................................... Full Disclosure Hearing Officers...................................................................................................... Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City’s determinations are public record. Page 459 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX EXHIBIT 1 OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as “700 Forms”) with the Fair Political Practices Commission, as required by California Government Code §§87200 – 87210: Mayor City Councilmember City Manager City Attorney Director of Finance/City Treasurer Planning Commission Member Candidate for Elective Office In addition, each official falling within any of the above-listed categories, except “Candidates for Elective Office,” is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Where “Full Disclosure” is indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Title ................................................................................................ Disclosure Category Administrative Services Manager .......................................................................................... 1, 2, 5 Animal Care Facility Manager............................................................................................ 1, 3, 6,7 Assistant Chief of Police ......................................................................................... Full Disclosure Assistant City Attorney Series Senior Assistant City Attorney ................................................................... Full Disclosure Assistant City Attorney ............................................................................... Full Disclosure Assistant City Clerk ............................................................................................................... 1, 2, 6 Assistant City Manager ........................................................................................... Full Disclosure Assistant Director of Development Services ..................................................................... 1, 2, 6, 7 Page 460 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX Assistant Director of Engineering .......................................................................................... 1, 2, 5 Assistant Director of Finance.................................................................................. Full Disclosure Assistant Director of Human Resources ................................................................................ 1, 3, 5 Assistant Director of Public Works ....................................................................................... 1, 2, 5 Assistant Director of Recreation ........................................................................................ 1, 2, 6, 7 Associate Surveyor .................................................................................................................... 3, 4 Benefits Manager ........................................................................................................................... 5 Budget & Analysis Manager ................................................................................... Full Disclosure Building Inspection Manager ......................................................................................................... 3 Building Inspector Series Senior Building Inspector .............................................................................................. 3, 4 Building Inspector (all levels) ............................................................................................ 3 Building Official ........................................................................................................................ 1, 2 Building Official/Code Enforcement Manager .......................................................................... 1, 2 Building Project Manager ...................................................................................................... 3, 4, 5 Building Services Manager .................................................................................................... 1, 2, 5 Building Services Supervisor ......................................................................................................... 6 Chief of Police ........................................................................................................ Full Disclosure Chief of Staff........................................................................................................... Full Disclosure Chief Sustainability Officer ............................................................................................... 1, 2, 6, 7 City Attorney Investigator ...................................................................................... Full Disclosure City Clerk ............................................................................................................................... 1, 2, 6 City Clerk Analyst (excluding hourly) .......................................................................................... 6 City Librarian ......................................................................................................................... 2, 6, 7 Civil Engineer Series Principal Civil Engineer ............................................................................................. 3, 4, 5 Senior Civil Engineer ................................................................................................. 3, 4, 5 Associate Civil Engineer.................................................................................................... 3 Code Enforcement Series Code Enforcement Manager .......................................................................................... 3, 4 Senior Code Enforcement Officer ................................................................................. 3, 4 Code Enforcement Officer (all levels) ............................................................................... 3 Page 461 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX Collections Supervisor ............................................................................................................... 3, 5 Communication/Special Events Coordinator ............................................................................. 5, 7 Communications Manager ......................................................................................................... 3, 5 Community Engagement Specialist ........................................................................................... 5, 6 Constituent Services Manager ................................................................................ Full Disclosure Construction & Repair Supervisor ................................................................................................. 6 Council Assistant Series Senior Council Assistant ............................................................................. Full Disclosure Council Assistant ........................................................................................ Full Disclosure Deputy City Attorney (all levels) ............................................................................ Full Disclosure Deputy City Manager .............................................................................................. Full Disclosure Deputy Director, City Clerk Services .................................................................................... 1, 2, 6 Deputy Director of Community Services ............................................................... Full Disclosure Deputy Fire Chief .................................................................................................................. 1, 2, 6 Development Automation Specialist ..................................................................................... 3, 4, 5 Development Project Manager .......................................................................................... 1, 2, 6, 7 Development Services Counter Manager .................................................................................. 3, 4 Director of Animal Services .............................................................................................. 1, 3, 6, 7 Director of Development Services ..................................................................................... 1, 2, 6, 7 Director of Community Services ............................................................................ Full Disclosure Director of Economic Development .................................................................................. 1, 2, 6, 7 Director of Engineering/City Engineer .............................................................................. 1, 2, 6, 7 Director of Housing & Homeless Services ............................................................. Full Disclosure Director of Human Resources/Risk Management ................................................................. 1, 3, 5 Director of Information Technology Services ............................................................................... 6 Director of Public Works ....................................................................................................... 1, 2, 5 Economic Development Specialist Series Principal Economic Development Specialist ............................................................. 1, 2, 7 Senior Economic Development Specialist ................................................................. 1, 2, 7 Economic Development Manager ...................................................................................... 1, 2, 6, 7 Emergency Services Manager ........................................................................................................ 5 Engineer Series Page 462 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX Associate Engineer......................................................................................................... 3, 4 Assistant Engineer ......................................................................................................... 3, 4 Fire Inventory Specialist ................................................................................................................ 6 Environmental Services Manager .......................................................................................... 3, 6, 7 Environmental Sustainability Manager.................................................................................. 3, 6, 7 Facilities Financing Manager ............................................................................................. 1, 2, 6, 7 Facilities Manager .......................................................................................................................... 5 Finance Manager (including with CPA) ................................................................. Full Disclosure Fire Battalion Chief (all designations) ........................................................................................... 6 Fire Captain (C only; including hourly; excluding when assigned to the academy) ..................... 6 Fire Chief ............................................................................................................................... 1, 2, 6 Fire Division Chief ................................................................................................................ 1, 2, 6 Fire Inspector/Investigator Series Senior Fire Inspector/Investigator .................................................................................. 3, 4 Fire Inspector/Investigator (all levels) ........................................................................... 3, 4 Fire Prevention Engineer/Investigator ....................................................................................... 3, 4 Fire Prevention Aide ...................................................................................................................... 3 Fire Prevention Specialist .......................................................................................................... 3, 4 Fiscal and Management Analyst .................................................................................................... 5 Fiscal Debt Management Analyst .................................................................................................. 5 Fiscal Services Analyst .............................................................................................................. 3, 5 Fleet Inventory Control Specialist ................................................................................................. 5 Fleet Manager ................................................................................................................................ 5 Fleet Supervisor ............................................................................................................................. 5 Homeless Solutions Manager ............................................................................................ 1, 2, 6, 7 Housing Manager ............................................................................................................... 1, 2, 6, 7 Human Resources Manager ....................................................................................................... 5, 7 Information Technology Manager ................................................................................................. 6 Information Technology Project Manager ..................................................................................... 6 Land Surveyor Series Associate Land Surveyor ............................................................................................... 3, 4 Senior Land Surveyor .................................................................................................... 4, 5 Page 463 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX Landscape Architect Series Principal Landscape Architect ....................................................................................... 1, 2 Senior Landscape Inspector ........................................................................................... 3, 4 Landscape Architect....................................................................................................... 3, 4 Landscape Planner (all levels) ................................................................................................... 3, 4 Law Office Manager ...................................................................................................................... 6 Librarian Series Principal Librarian ......................................................................................................... 6, 7 Senior Librarian ............................................................................................................. 6, 7 Librarian III (excluding hourly) ......................................................................................... 6 Library Digital Services Manager .................................................................................................. 6 Management Analyst Series Principal Management Analyst (when assigned to Housing & Public Works) ......... 3, 5, 7 Principal Management Analyst (all assignments unless otherwise noted) .................... 3, 5 Senior Management Analyst (all assignments unless otherwise noted) ........................ 5, 7 Senior Management Analyst (when assigned to Finance and Parks & Recreation) .......... 5 Management Analyst (all levels, assigned to Finance, Fire, Development Services, & Police) ................................................................................................................................ 5 Management Analyst (all levels, all assignments unless otherwise noted; excluding hourly) ................................................................................................................................ 6 Open Space Inspector Series Senior Open Space Inspector ......................................................................................... 3, 5 Open Space Inspector .................................................................................................... 3, 5 Open Space Manager ................................................................................................................. 3, 5 Park Ranger Program Manager ................................................................................................. 3, 5 Park Ranger Series Senior Park Ranger ............................................................................................................ 3 Park Ranger (excluding hourly) ........................................................................................ 3 Park Ranger Supervisor ................................................................................................................. 3 Parks and Recreation Administrator ....................................................................... Full Disclosure Parks Manager ....................................................................................................................... 3, 4, 5 Plan Check Engineer Series Page 464 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX Senior Plan Check Engineer .......................................................................................... 3, 4 Assistant Plan Check Engineer ...................................................................................... 1, 2 Associate Plan Check Engineer ..................................................................................... 1, 2 Plan Check Supervisor ............................................................................................................... 1, 2 Planner Series Principal Planner ............................................................................................................ 1, 2 Senior Planner ................................................................................................................ 1, 2 Assistant Planner ............................................................................................................ 3, 4 Associate Planner ........................................................................................................... 3, 4 Planning Manager ...................................................................................................................... 1, 2 Police Administrative Services Administrator........................................................ Full Disclosure Police Captain ......................................................................................................... Full Disclosure Police Facility and Supply Coordinator ......................................................................................... 6 Police Technology Manager ...................................................................................................... 3, 6 Policy Aide.............................................................................................................. Full Disclosure Principal Accountant ...................................................................................................................... 5 Principal Recreation Manager........................................................................................................ 6 Principal Traffic Engineer ...................................................................................................... 3, 4, 5 Procurement Services Analyst ................................................................................ Full Disclosure Procurement Specialist Series Senior Procurement Specialist .................................................................... Full Disclosure Procurement Specialist....................................................................................................... 5 Project Coordinator Series Principal Project Coordinator .................................................................................... 1, 2, 7 Senior Project Coordinator ........................................................................................ 1, 2, 7 Project Coordinator (all levels) ...................................................................................... 2, 7 Public Works Inspector Series Senior Public Works Inspector .................................................................................. 3, 4, 5 Public Works Inspector (all levels) ............................................................................ 3, 4, 5 Public Works Manager .......................................................................................................... 1, 2, 5 Public Works Superintendent ................................................................................................ 1, 2, 5 Public Works Supervisor ....................................................................................................... 1, 2, 5 Page 465 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX Purchasing Agent .................................................................................................... Full Disclosure Revenue Manager ................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist .............................................................................. 1, 2 Risk Management Specialist .......................................................................................... 1, 2 Risk Manager ............................................................................................................................. 1, 2 Senior Electronics Technician ....................................................................................................... 5 Senior Graphic Designer ................................................................................................................ 5 Senior Land Surveyor ................................................................................................................ 4, 5 Senior Public Works Inspector .............................................................................................. 3, 4, 5 Senior Risk Management Specialist .......................................................................................... 1, 2 Smart Technology Officer ......................................................................................................... 3, 6 Special Projects Manager ........................................................................................ Full Disclosure Stormwater Compliance Inspector II ............................................................................................. 3 Stormwater Environmental Specialist (all levels).......................................................................... 3 Stormwater Program Manager ............................................................................................... 3, 4, 5 Supervising Public Safety Analyst............................................................................................. 3, 6 Traffic Signal & Lighting Supervisor .................................................................................... 3, 4, 5 Transportation Engineer (with Cert. and without Cert.) ........................................................ 3, 4, 5 Veterinarian (Permitted, all levels, except hourly) ........................................................................ 6 Boards and Commissions Member: Board of Appeals and Advisors Member....................................................................... 2, 5 Board of Ethics Member ................................................................................................ 1, 2 Civil Service Commission Member ................................................................................... 3 Charter Review Commission Member....................................................................... 1, 2, 5 Redistricting Commission Member ........................................................................... 1, 2, 5 Mobilehome Rent Review Commission Member.......................................................... 1, 2 Consultants/Newly Created Positions* ................................................................... Full Disclosure Hearing Officers...................................................................................................... Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the Page 466 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Conflict of Interest Code – Designated Positions Adopted by City Council on 06/139/5/2023, Resolution No. 2023-XXX consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City’s determinations are public record. Page 467 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CLASSIFICATION PLAN AND COMPENSATION SCHEDULE TO (1) REFLECT THE ADDITION AND DELETION OF POSITION TITLES AND (2) SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS AND AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS EFFECTIVE SEPTEMBER 22, 2023 WHEREAS, Civil Service Rule 1.02.A., which applies to the City’s classified positions, provides for necessary reviews and changes so that the City’s Classification Plan is kept current, and that changes in existing classes, the establishment of new classes, and the abolition of classes are properly reflected in the Classification Plan; and WHEREAS, in an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing the addition and deletion of position titles and salary adjustments for certain positions which necessitate amendments to the City’s Compensation Schedule, Classification Plan and departmental position counts; and WHEREAS, Sections 302, 304(c) and 503(c) of the City of Chula Vista City Charter establishes the compensation for Councilmembers, the Mayor and elected City Attorney, respectively, based upon the formulas set forth in those sections; and WHEREA, the City received notification of a salary change for the position of Judge of the Superior Court of the State of California, to which the salaries for Councilmembers, the Mayor and elected City Attorney are tied and made the appropriate changes retroactive to July 1, 2023 ; and WHEREAS, staff made the change to the salary rates for Mayor, Councilmembers and City Attorney upon notification from the State of California (in accordance with the City Charter), and the Mayor, Councilmembers and City Attorney are receiving this pay rate. WHEREAS, the City's compensation policy allows for structures and salary ranges to be reviewed and updated as necessary to ensure that the City has the ability to attract, hire and retain quality employees. Staff is proposing salary adjustments for specific, targeted classifications, (1) that in the current labor market, are hard to attract, hire and retain employees and/or (2) to allow for competitive position in their respective labor markets; and WHEREAS, a summary of the new and updated classifications and the E-Step salaries are as follows: Position Title Employee Group E Step Salary Assistant Director of Human Resources Senior Management $7,378.78 bi-weekly Budget and Analysis Manager Senior Management $6,384.35 bi-weekly City Attorney (Elected) Elected Officials $8,938.43 bi-weekly Councilperson Elected Officials $2,359.75 bi-weekly Page 468 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Position Title Employee Group E Step Salary Deputy Director of Community Services Senior Management $6,475.04 bi-weekly Fuels Module Crew Member Unclassified, Hourly $20.29 hourly Maintenance Worker I ACE $2,105.22 bi-weekly Maintenance Worker II ACE $2,315.73 bi-weekly Mayor Elected Officials $5,899.36 bi-weekly Paramedic Recruit (Non-Safety) Non-Safety IAFF $1,526.40 bi-weekly Senior Maintenance Worker ACE $2,778.88 bi-weekly NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves amendments to the Classification Plan and the Compensation Schedule to reflect the changes described above. Department Position Title FTE General Fund City Clerk Deputy City Clerk II 1.00 Community Services City Librarian -1.00 Parks and Recreation Administrator -1.00 Deputy Director of Community Services 2.00 Development Services Development Services Technician I 1.00 Development Services Technician II -1.00 Engineering Senior Engineering Technician -1.00 Associate Surveyor 1.00 Human Resources Human Resources Manager -1.00 Assistant Director of Human Resources 1.00 General Fund Total 1.00 Sewer Revenue Fund Finance Fiscal Office Specialist 1.00 Sewer Revenue Fund Total 1.00 Development Services Fund Development Services Associate Planner -1.00 Associate Engineer 1.00 Development Services Technician I -1.00 Development Services Technician II 1.00 Secretary -1.00 Development Services Fund Total -1.00 All Funds Total 1.00 Page 469 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution No. Page 3 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the Fiscal Year 2023-24 authorized departmental position counts effective September 22, 2023: Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 470 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023-24 COMPENSATION SCHEDULE EFFECTIVE SEPTEMBER 22, 2023, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements, including approval by the City’s governing body in accordance with the requirements of applicable public meeting laws; and WHEREAS, the Fiscal Year 2023-24 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting on July 11, 2023; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments, approved subsequent to the date of approval, must be reflected on a revised Compensation Schedule and submitted to the City Council for approval; and WHEREAS, City staff has recommended the addition of the Paramedic Recruit (Non- Safety) and Deputy Director of Community Services position titles; the deletion of the City Librarian and Parks and Recreation Administrator position titles; and salary adjustments for the adjusted salaries for the Assistant Director of Human Resources, Budget and Analysis Manager, City Attorney (Elected), Councilperson, Fuels Module Crewmember, Maintenance Worker I, Maintenance Worker II, Mayor, and Senior Maintenance Worker position titles. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2023-24 Compensation Schedule effective September 22, 2023, in the form presented, a copy of which is available in the City Clerk’s Office, that reflects the addition of the Paramedic Recruit (Non-Safety) and Deputy Director of Community Services position titles; the deletion of the City Librarian and Parks and Recreation Administrator position titles; and salary adjustments for the adjusted salaries for the Assistant Director of Human Resources, Budget and Analysis Manager, City Attorney (Elected), Councilperson, Fuels Module Crewmember, Maintenance Worker I, Maintenance Worker II, Mayor, and Senior Maintenance Worker position titles. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 471 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act (California Government Code sections 87100 through 91014), requires certain officials and candidates to file Statements of Economic Interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission; and WHEREAS, the ordinance requires that the City Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code periodically to determine if amendments are necessary; and WHEREAS, the City Attorney and the Cit y Clerk have reviewed the Code and its appendix, consulted with Department Directors and determined that amendments to the appendix of the Code are necessary; and WHEREAS, the City Council desires that all City employees who are required to file Form 700 under the City’s Conflict of Interest Code be designated as Local Agency Officials, as defined in Government Code §53234(c)(2), thereby requiring them to participate in the ethics training mandated by AB 1234; and WHEREAS, the list of officials, candidates, and designated employees (“designated filers”) of the City of Chula Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official, candidate, or designated employee is required to file, was presented to the City Council and is attached hereto as Exhibit 1 and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby modifies the appendix to the local Conflict of Interest Code to amend the list of designated filers and associated disclosure categories, in the form presented and as reflected in Exhibit 1 to this resolution, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. Page 472 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Kerry K. Bigelow, MMC Jill D.S. Maland City Clerk Lounsbery Ferguson Altona & Peak Acting City Attorney Page 473 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023/24 BUDGET FOR APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff is recommending increasing $68,557 in expense appropriations and $34,279 in revenue approprations in the General Fund resulting in a net impact of $34,279; and WHEREAS, staff is recommending increase Other Funds expense appropriations by $73,673 resulting in a net impact; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby amends the fiscal year 2023/24 budget and approves the following appropriations: Summary of All Fund Appropriations GENERAL FUND Fund/Department Personnel Services Transfer In (Revenue) Net Cost City Clerk $ 68,557 $ (34,279) $ 34,279 TOTAL EST. OTHER FUNDS COST $ 68,557 $ (34,279) $ 34,279 OTHER FUNDS Fund/Department Personnel Services Supplies & Services Transfer Out Net Cost Development Services Fund $ 39,395 $ - $ 34,279 $ 73,673 Sewer Revenue Fund $ 66,996 $ (66,996) $ - $ - TOTAL EST. OTHER FUNDS COST $ 106,391 $ (66,996) $ 34,279 $ 73,673 Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 474 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF DEPUTY DIRECTOR OF COMMUNITY SERVICES AND DELETING THE UNCLASSIFIED POSITION TITLES OF CITY LIBRARIAN AND PARKS AND RECREATION ADMINISTRATOR (FIRST READING) (4/5 VOTE REQUIRED) WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City’s workforce; and WHEREAS, the Deputy Director of Community Services position, given its duties and responsibilities, is an unclassified management position, within the meaning of Charter Section 701; and WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled: Administrative Secretary (Mayor, At Will), Administrative Services Manager, Animal Care Facility Manager, Assistant Chief of Police, Assistant Director of Development Services, Assistant Director of Engineering, Assistant Director of Human Resources, Assistant Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, Budget and Analysis Manager, Building Official, Building Official/Code Enforcement Manager, Chief Information Security Officer, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Code Enforcement Manager, Communications Manager, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Deputy Director of Community Services, Development Project Manager, Development Services Department Director, Director of Animal Services, Director of Community Services, Director of Conservation and Environmental Services, Director of Economic Development, Economic Development Manager, Emergency Services Manager, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative Analyst II, FA Analyst, FA Cyber Security Program Manager, FA Deputy Director LECC, FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial Manager, FA Geospatial Intelligence Analyst, FA IVDC-LECC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator I, FA Network Administrator II, FA Network Administrator III, FA Program Analyst, FA Program Page 475 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Ordinance No. Page No. 2 Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory Intelligence Analyst, Facilities Financing Manager, Finance Manager, Housing Manager, Human Resources Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor’s Office), Parks and Recreation Administrator, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Special Projects Manager and Traffic Engineer. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 476 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda DATE: September 7, 2023 TO: Honorable Mayor and City Council FROM: City Manager Maria V. Kachadoorian SUBJECT: Budget and Strategic Plan Ad-Hoc Subcommittee Recommendations On July 20, 2023, the Ad-Hoc Subcommittee on Budget and Strategic Plan submitted its recommendations to the City Council and City Manager. This memorandum is being provided as a response to the recommendations and an update on City efforts in related matters. Strategic Planning Efforts In 2013, the City adopted a City Strategic Plan providing a comprehensive framework that ensures priorities set by the City Council are clear to all employees, goals are laid out that respond to priorities, objectives are achieved that meet the goals, and that city government is accountable to meeting community needs. Since the creation of the Plan, the City has adopted many independent guiding documents such as the Smart City Strategic Action Plan, Digital Equity and Inclusion Plan, Parks and Recreation Master Plan and many others. In recognition that the current Plan is outdated and to reflect the changing needs of our growing community, in June 2020 after being promoted to City Manager, I incorporated the development of a new strategic plan into the City Manager’s Work Plan. Due to the priorities at that time, such as the Bayfront development and managing through the COVID-19 public health emergency, this was delayed until September 2022 when the City issued a Request for Proposals (RFP) from qualified firms. The RFP was to seek consultant services for the creation of a five-year citywide strategic plan. Shortly thereafter, and at the recommendation of Tribesy Consulting, it was decided to delay the RFP until the City’s work on the Justice, Equity, Diversity, and Inclusion (JEDI) initiative had concluded. As you are aware, the City is currently engaged with Tribesy Consulting to provide a process of infusing Justice, Equity, Diversity, and Inclusion across all City functions to advance the City’s efforts in creating a more inclusive and equitable community, culture and workplace. Although their work continues, and in response to a greater need to begin development of a strategic plan, on Friday, July 28, the City re-issued RFP P03-2024 for development of a five-year citywide strategic plan that incorporates the various plans within the City, community input, staff contributions and City Council input. Interested parties are encouraged to submit a proposal via Planet Bids. The RFP will close on Friday, September 15, 2023 and it is anticipated the agreement would come before City Council in October. Page 477 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 2 | P a g e Budgeting Methods Priority Based Budgeting (PBB) is a great approach to presenting a data rich City budget organized in a way that community members can understand and attempts to better align spending to community needs. This is a concept City staff has explored and due to competing priorities, has not fully vetted or considered. For PBB to be effective, it will need to be driven by a current Strategic Planning document that will establish the priorities within the organization and drive the budget development process. It is important to note that in addition to PBB, there are other methods widely used by municipalities such as zero-based budgeting and others. Review and consideration of different methods to find what best suits the Chula Vista community and soliciting public input is the most efficient way to adopt any new concept. City staff is supportive of transitioning the City’s current approach to budgeting as well as finding ways to make government more accessible to the entire community. Such a change will require internal and external education and is an undertaking that should be well thought out and executed over time. While there are ways to incorporate different concepts into the forthcoming budget, a complete overhaul of the City’s current approach in such a short timeframe is not realistic. This is for several reasons, most importantly, Finance staff is currently involved in year-end closing and preparing the annual financial statements for the required annual audit. This work is a critical function of the Finance Department. It would put the City at risk of not being able to meet the mandatory requirements for our financial reporting to additionally introduce a new budgeting approach within a short time frame. Additionally, implementing PBB would require an overhaul of the City’s current financial system to incorporate the necessary accounting structure to capture and identify the City’s various programs. A new approach to City budgeting will be researched and will follow the established procurement processes with the goal to begin incorporating it into the FY 2026-27 Budget. The City’s procurement processes established in the Chula Vista Municipal Code Chapter 2.56, help promote transparency and fairness in the procurement of goods and services in addition to ensuring the best value for said services. Thank you and I am available to discuss further during your regularly scheduled briefings. Page 478 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 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. Authentisign ID: A7B34AFD-0FB4-468A-BE13-3D909B124083AuthentisignID: A7B34AFD-0FB4-468A-BE13-3D909B124083 Page 479 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 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. Authentisign ID: A7B34AFD-0FB4-468A-BE13-3D909B124083AuthentisignID: A7B34AFD-0FB4-468A-BE13-3D909B124083 Page 480 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda 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. Authentisign ID: A7B34AFD-0FB4-468A-BE13-3D909B124083AuthentisignID: A7B34AFD-0FB4-468A-BE13-3D909B124083 Page 481 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda MEMORANDUM OFFICE OF DEPUTY MAYOR JOSE PRECIADO DATE: September 12, 2023 TO: City Manager, Honorable Mayor and Councilmembers FROM: Deputy Mayor Jose Preciado SUBJECT: Proposal to Establish a 3rd Avenue Council Committee I seek council support to establish the 3rd Avenue Council Committee. This committee would meet on as needed basis with the aim to report to the City Council by December 2023. Scope of Work: Develop policy recommendations for the City Council to consider by December 2023. These would be referred to the City Manager and City Attorney for their development as possible city actions, programs, and projects. 1.BID- work with stakeholders to optimize the function/capacities of the Downtown Chula Vista Association to implement the shared vision for this mixed-use and civic village. 2.Conduct a workshop with Code Compliance, Chula Vista Police, and the Office of the City Attorney and 3rd Avenue businesses, residents, landlords to clarify roles and responsibilities of relevant city departments. The goal is to determine a path forward to support and balance competing and compatible uses in this community. 3.Propose framework to harmonize street bending and food trucks with existing and future businesses to include designated areas for food trucks and/or regulations. 4.Consider development of “plaza park” component to Memorial Park along 3rd Ave. Is there support from downtown residents, businesses? Who would pay for this new capital project? and, How will such plaza be managed? 5.Respond to the impacts of sidewalk and park camping at any time within the 3rd Avenue community, Civic Center, Library, Memorial Park, Friendship Park and other proximate locations. 6.Move parking district framework into action. Understand city’s role in meeting 504 (accessibility) and related expectations related to street, sidewalk, parking, wayfinding, etc. 7.Consider City policy to approve a calendar of City of Chula Vista sponsored and co-sponsored civic events within BID to reduce ad-hoc requests. Committee would have support from City Manager to coordinate city staff partic ipation and engagement with the Office of the City Attorney. Additional Information - Item #11.2 Received 9/9/2023 Page 482 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda Additional Information – Item 11.2 Received 9/12/2023 9/12/ 2023 Working Draft - 3rd Avenue Council Committee Members: 1. Mayor John McCann 2. Councilman Jose Preciado, District 2 Scope of Work: Develop policy recommendations for the City Council to consider by December 2023. These would be referred to the City Manager and City Attorney for their development as possible city actions, programs, and projects. 1. Analyze and evaluate the benefits of the PBID (Property Benefits Improvement District). Work with the Downtown Chula Vista Association and stakeholders to optimize the function/capacities to implement the Urban Core Specific Plan’s vision for a mixed used and civic village. 2. Conduct a Workshop with Code Compliance, Chula Vista Police, and City Attorney to clarify the bounds of such efforts and determine path forward to support and balance competing and compatible uses in this district. 3. Propose framework to harmonize street bending and food trucks with existing and future businesses. 4. Consider development of plaza park component to Memorial Park along 3rd Ave. Is there support from downtown residents, who would pay for this new capital project, and how will such plaza be managed. 5. Respond to the impacts of sidewalk and park camping at any time within the BID. 6. Move parking district framework into action. Understand city’s role in meeting 504 (accessibility) expectations related to street, sidewalk, parking, wayfinding, etc. 7. Consider City policy to approve a calendar of City of Chula Vista sponsored and co-sponsored civic events within BID. The committee should meet bi-weekly to complete its work by December 2023. Committee would have support from City Manager to coordinate city staff participation. Page 483 of 483 City of Chula Vista City Council September 12, 2023 Post Agenda