HomeMy WebLinkAbout2023/11/14 Post Agenda Packet
REGULAR MEETING OF THE CITY COUNCIL
**POST AGENDA**
Date:Tuesday, November 14, 2023, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
View the Meeting Live in English & Spanish: chulavistaca.gov/councilmeetings
Cox channel 24 in English only
Free Spanish interpretation is available onsite
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). In addition, closed captioning is available in both languages.
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,
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highlight an event, promote awareness of community issues, and recognize City employees.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation to Veterans of Chula Vista Proclaiming November
2023 as Veteran's Month in the City of Chula Vista
4.2 Presentation of a Proclamation Honoring Nicolette Luna for Being Recognized as
National College Reporter of the Year by Associated Collegiate Press
4.3 Presentation of a Proclamation Recognizing Merly Leilani Ortiz for Placing 11th
Among Top Karate Athletes in South America, 2nd in Her Age Group, and 6th
Overall in the United States
4.4 Presentation of a Proclamation to Tracy Mueller-Gibbs Proclaiming November
2023 as Family Court Awareness Month in the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.7)
All items listed under the Consent Calendar are considered and acted upon by one
motion. Anyone may request an item be removed for separate consideration.
RECOMMENDED ACTION:
Council approve the recommended action on the below consent calendar items.
5.1 Approval of Meeting Minutes 9
RECOMMENDED ACTION:
Approve the minutes dated: October 24, 2023.
5.2 Waive Reading of Text of Resolutions and Ordinances
RECOMMENDED ACTION:
Approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.3 Consideration of Requests for Excused Absences
RECOMMENDED ACTION:
Consider requests for excused absences as appropriate.
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5.4 Agreement: Approve an Agreement with Selectron Technologies, Inc. for
Interactive Voice Response Services for Building Inspection Scheduling
17
Report Number: 23-0189
Location: No specific geographic location
Department: Development Services
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:
Adopt a Resolution approving an agreement between the City and Selectron
Technologies, Inc. for provision of interactive voice response services, including
software upgrade, licensing, support, and maintenance services related to
interactive voice response services for permit inspection scheduling, for a term of
five years and a not-to-exceed amount of $250,000.
5.5 Agreement: Approve Modifications to the Agreement with the San Diego
Association of Governments for the Proposition 64 Public Health and Safety
Grant Program
80
Report Number: 23-0300
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act State Guidelines; therefore,
pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
RECOMMENDED ACTION:
Adopt a resolution approving a modified agreement with the San Diego
Association of Governments for the Proposition 64 Public Health and Safety
Grant Program.
5.6 Agreements: Amendments to Twenty On-Call Development and Housing Related
Consultant Services Agreements
114
Report Number: 23-0303
Location: No specific geographic location
Department: Development 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.
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RECOMMENDED ACTION:
Adopt a resolution approving amendments to twenty existing consultant service
agreements for on-call consultant services for Development and Housing related
services in the areas of Civil Engineering, Construction Cost Audit, Fiscal
Analysis, Housing, Landscape Architecture and Planning.
5.7 Agreement: Approve the Fourth Amendment to the Legal Services Agreement
with Colantuono, Highsmith & Whatley, PC to Provide Legal Services Related to
Local Gaming Operation Issues
124
Report Number: 23-0304
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 fourth amendment to the Legal Services
Agreement with Colantuono Highsmith & Whatley, PC to provide legal services
related to local gaming operations issues through June 8, 2024 for a not-to-
exceed amount of $100,000.
6.PUBLIC COMMENTS 144
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 Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 and the
Chula Vista Gaming Plan to Authorize an Existing Licensee to Hold More Than
Two City Licenses, Subject to the Maximum Number of Licenses Allowed by Law
228
Report Number: 23-0323
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities).
RECOMMENDED ACTION:
Conduct a public hearing and adopt a resolution approving amendments to the
Chula Vista Gaming Plan to authorize licensees to hold more than two City
licenses subject to the maximum number of City licenses allowed by law, and
place an ordinance on first reading amending Chula Vista Municipal Code section
5.20.035 to additionally reflect such authorization. (First Reading)
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7.2 Objective Design Standards: Amend the Municipal Code to Adopt the Objective
Design Standards for Housing and Mixed-Use Projects to Comply with State
Laws
288
Report Number: 23-0291
Location: No specific geographic location
Department: Development Services
Environmental Notice: The Project qualifies for an Exemption pursuant to Section
15061(b)(3) of the California Environmental Quality Act (“CEQA”) State
Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
RECOMMENDED ACTION:
Conduct a public hearing and place an ordinance on first reading amending Chula
Vista Municipal Code Title 19 (Planning and Zoning) to add Section 19.58.460
(Objective Design Standards for Multi-Family Residential and Mixed-Use
Projects), to clarify development regulations and align with State Laws. (First
Reading)
8.ACTION ITEMS
The following item(s) will be considered individually and are expected to elicit discussion
and deliberation.
8.1 Contract Amendment: Approve an Amendment to the Contract with the Board of
Administration and CalPERS for Local 2180 International Association of Fire
Fighters Classic Members to Make an Additional Contribution Pursuant to
Government Code Section 20516
305
Report Number: 23-0294
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.
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RECOMMENDED ACTION:
Adopt a Resolution of Intention of the City of Chula Vista to approve an
amendment to the contract between the Board of Administration, California Public
Employees’ Retirement System (CalPERS) and the City of Chula Vista to provide
a mandatory employee contribution for all classic Local Safety Fire members of
the 2180 Local International Association of Fire Fighters of 1% of salary effective
January 12, 2024 as provided under Government Code §20516; and place an
ordinance on first reading to approve an amendment to the contract between the
Board of Administration, California Public Employees’ Retirement System
(CalPERS) and the City of Chula Vista to provide a mandatory employee
contribution for all classic Local Safety members of the Local 2180 International
Association of Fire Fighters of 1% of salary as provided under Government Code
§20516. (First Reading)
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
11.COUNCILMEMBERS’ COMMENTS
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: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al.,
United States District Court, Case No. 21-cv-1627-AJB-DEB
B) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior
Court, Case No. 37-2021-17713-CU-MC-CTL
C) Name of Case: John Hendrix, et al. v. J-M Manufacturing Company, Inc.,
DBA Eagle; United States Court of Appeals, 9th Circuit; Case No. 21-56276
13.2 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Tiffany Allen,
Courtney Chase, Tanya Tomlinson, Sarah Schoen, and Edward Prendell
Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE, and
unrepresented employees.
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14.ADJOURNMENT
to a joint regular meeting of the City Council and special meeting of the Successor
Agency to the Redevelopment Agency on November 28, 2023, at 5:00 p.m. in the Council
Chambers.
Materials provided to the City Council related to an open session item on this agenda are
available for public review, please contact the Office of the City Clerk at
cityclerk@chulavistaca.gov
or (619) 691-5041.
Sign up at www.chulavistaca.gov to receive email notifications when City Council
agendas are published online.
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November 14, 2023 Post Agenda Page 8 of 319
City of Chula Vista
Regular Meeting of the City Council
Meeting Minutes
October 24, 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 of 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
5:03 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 Gonzalez led the Pledge of Allegiance.
4. SPECIAL ORDERS OF THE DAY
4.1 Oaths of Office:
Board of Library Trustees
- James Moffat
Human Relations Commission
- Sandra Hodge
City Clerk Bigelow administered the oaths of office.
4.2 Presentation of a Proclamation to Filipino American Military Officers
Association Proclaiming October 24, 2023 Filipino American Veterans Day in
the City of Chula Vista
Mayor McCann read the proclamation and Councilmember Gonzalez presented it
to the Association.
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4.3 Presentation of a Proclamation to PhilAmBid and UPI Proclaiming October
2023 as Filipino History Month in the City of Chula Vista
Mayor McCann read the proclamation and he and Councilmembers presented it to
JoAnn Fields.
4.4 Presentation by Chula Vista Elementary School District Superintendent Dr.
Eduardo Reyes and Veterans Elementary School Principal Erika Gregg
Regarding the 2023 Veterans Parade
Dr. Eduardo Reyes, representing Chula Vista Elementary School District, and
Principal Gregg, representing Veterans Elementary School gave a presentation.
5. CONSENT CALENDAR (Items 5.1 through 5.9)
Items 5.2, 5.4, 5.6, 5.7, and 5.9 were removed from the Consent Calendar at the request
of members of the public.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To approve the recommended actions appearing below consent calendar Items 5.1, 5.3,
5.5, 5.8. 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
Approval of the minutes dated: October 17, 2023.
5.3 Consideration of Requests for Excused Absences
Consideration of requests for excused absences. No requests were received for
this meeting.
5.5 Community Facilities Districts: Amend City Council Policy No. 505-04,
Statement of Goals and Policies Regarding Establishment of Community
Facility Districts
Adopt a resolution to amend City Council Policy No. 505-04, Statement of Goals
and Policies Regarding Establishment of Community Facility Districts.
Item 5.5 heading:
RESOLUTION NO. 2023-171 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING AMENDMENTS TO CITY COUNCIL POLICY NO. 505-04,
STATEMENT OF GOALS AND POLICIES REGARDING ESTABLISHMENT OF
COMMUNITY FACILITIES DISTRICTS
5.8 Grant Award and Appropriation: Accept a Grant from the U.S. Department of
Justice for the Bulletproof Vest Partnership and Appropriate Funds
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Adopt a resolution accepting $4,422.96 in grant funds and appropriating the funds
to the Police Grants Section of the Federal Grants Fund for the Bulletproof Vest
Partnership Program (4/5 Vote Required).
Item 5.8 heading:
RESOLUTION NO. 2023-175 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING FUNDS FROM THE U.S. DEPARTMENT OF JUSTICE FOR
THE BULLETPROOF VEST PARTNERSHIP PROGRAM AND APPROPRIATING
FUNDS THEREFOR (4/5 VOTE REQUIRED)
ITEMS REMOVED FROM CONSENT CALENDAR
5.2 Waive Reading of Text of Resolutions and Ordinances
Alan C. spoke regarding agenda item descriptions.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To approve a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting. 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)
5.4 Community Facilities Districts: Discontinue City Participation in the
California Municipal Financing Authority’s Bond Opportunities for Land
Development Program
John Acosta, Chula Vista resident, spoke and submitted written communication
regarding the item.
Director of Development Services Black spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-170, 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. 2023-170 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA DISCONTINUING PARTICIPATION IN THE BOND OPPORTUNITIES FOR
LAND DEVELOPMENT (“BOLD”) PROGRAM, TERMINATING AUTHORITY OF
CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS
FROM PROPERTY OWNERS FOR PARTICIPATION IN THE BOLD PROGRAM
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WITHIN THE CITY OF CHULA VISTA, RESCINDING RESOLUTION NO. 2021-
148 OF THE CITY OF CHULA VISTA AUTHORIZING USE OF THE BOLD
PROGRAM, AND TAKING OTHER ACTIONS RELATING THERETO
5.6 Emergency Operations: Adopt the City of Chula Vista Emergency Operations
Plan and the 2023 Multi-Jurisdictional Hazard Mitigation Plan – City of Chula
Vista Annex
John Acosta, Chula Vista resident, spoke regarding evacuation plans.
Alan C. spoke regarding the item.
City Council discussion ensued.
Emergency Services Manager King responded to questions from the City Council.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution Nos. 2023-172 and 2023-173, 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)
Item 5.6 headings:
A) RESOLUTION NO. 2023-172 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CHULA VISTA EMERGENCY OPERATIONS
PLAN
B) RESOLUTION NO. 2023-173 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND ADOPTING THE 2023 SAN DIEGO COUNTY
MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN AND THE CITY OF
CHULA VISTA ANNEX
5.7 Agreement: Approve a Research Use Agreement with Icarus RT, Inc., and
Approve the Installation of Solar Panels, Pool Heating Technology, and
Electric Vehicle Chargers at Loma Verde Community Center
Alan C. spoke regarding the item.
Christine Brady, Chula Vista resident, spoke regarding recreation facility funding.
Moved by Mayor McCann
Seconded by Deputy Mayor Preciado
To adopt Resolution No. 2023-174, 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)
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City of Chula Vista City Council
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Item 5.7 heading:
RESOLUTION NO. 2023-174 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THE RESEARCH USE AGREEMENT WITH ICARUS RT,
INC. AND THE INSTALLATION OF SOLAR PANELS, POOL HEATING
TECHNOLOGY, AND ELECTRIC VEHICLE CHARGERS AT THE LOMA VERDE
COMMUNITY CENTER
5.9 Memorandum of Understanding: Approve a Memorandum of Understanding
with Landify ECT Corporation Regarding Potential Development of Certain
Park Improvements
The following members of the public spoke regarding the item:
John Acosta, Chula Vista resident
Alan C.
The following members of the public submitted written comments in support of the
item:
Jeremy Ogul
Steve Brown
Kyle Alderman
Jim Madaffer
Robin Madaffer
Sequoia Kriss submitted written comments in support of the item.
Assistant City Manager Allen spoke regarding the item.
Moved by Deputy Mayor Preciado
Seconded by Mayor McCann
To adopt Resolution No. 2023-176, 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. 2023-176 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING
POTENTIAL DEVELOPMENT OF CERTAIN PARK IMPROVEMENTS BETWEEN
THE CITY AND LANDIFY ECT CORPORATION
6. PUBLIC COMMENTS
The following members of the public spoke in support of lighting City Hall in blue and
white in support of Israel:
Pastor Art Hodges, representing South Bay United Pentecostal Church
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Martha Souza, Chula Vista resident
Lillie Herbert, Chula Vista resident
Lois Morera, Chula Vista resident
Julie Holm, Chula Vista resident
Delia Dominguez Cervantes, Chula Vista resident
Alan C.
Andres Wong, Chula Vista resident
Cheryl
Pastor Barney Preston, Chula Vista resident
Abby
Anna
Diana MJC, Bonita resident
Gina E.
Leticia L. and she spoke regarding Harborside Park
At the request of Councilmember Cardenas, there was a consensus of the City Council
to light up City Hall in support of Israel.
Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection
ordinance.
John Acosta, Chula Vista resident, spoke regarding campaign contributions.
JoAnn Fields spoke regarding dedicating an area in the City libraries to Filipino authors
and distributed literature and bookmarks to the City Council.
At the request of Mayor McCann, as augmented by Deputy Mayor Preciado, there was a
consensus of the City Council to create a Filipino book area in all Chula Vista library
branches dedicated to Filipino authors.
Leticia submitted written comments regarding Harborside Park
Mary Davis submitted written comments in support of lighting City Hall in blue and white
in support of Israel.
Mayor McCann recessed the meeting at 6:55 p.m. The Council reconvened at 7:09 p.m.,
with all members present.
7. PUBLIC HEARINGS
7.1 Grant Award and Appropriation: Accept a Grant from the U.S. Department of
Justice for the Edward Byrne Memorial Justice Assistance Grant and
Appropriate Funds
Notice of the hearing was given in accordance with legal requirements, and the
hearing was held on the date and no earlier than the time specified in the notice.
Mayor McCann opened the public hearing.
Assistant Police Chief Collum and Administrative Services Manager Alegre spoke
regarding the item.
Alan C. spoke regarding crime statistics.
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There being no further members of the public who wished to speak, Mayor
McCann closed the public hearing.
Moved by Deputy Mayor Preciado
Seconded by Councilmember Chavez
To adopt Resolution No. 2023-177, 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. 2023-177 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING THE 2023 EDWARD BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT FROM THE U.S. DEPARTMENT OF JUSTICE AND
APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
8. CITY MANAGER’S REPORTS
There were none.
9. MAYOR’S REPORTS
Mayor McCann spoke regarding his attendance at the following recent events: the
Beautify Chula Vista event, the Pilipino American Business Association celebration, the
United Philipino International celebration, the Chula Vista Police Department promotional
ceremony, Movies in the Moonlight, and San Diego Vision Walk.
10. COUNCILMEMBERS’ COMMENTS
Councilmember Cardenas spoke regarding her attendance at the Beautify Chula Vista
event.
Councilmember Chavez spoke regarding her attendance at the Mana San Diego Gala.
10.1 Update by City Council Subcommittees:
Mayor McCann and Councilmember Gonzalez gave an update from the
subcommittee on campaign contributions.
At the request of Deputy Mayor Preciado, there was a consensus of the City
Council to direct the City Clerk and the City Attorney to return to a future City
Council meeting with an item recommending updates to the campaign contribution
ordinance.
Mayor McCann and Councilmember Chavez gave an update from the
subcommittee on economic development and binational affairs.
At the request of Councilmember Chavez, there was a consensus of the City
Council to direct the City Manager to return to a future City Council meeting with an
item regarding economic development and binational affairs.
Mayor McCann and Councilmember Preciado gave an update from the
subcommittee on Downtown Third Avenue concerns.
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City of Chula Vista City Council
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John Acosta, Chula Vista resident, spoke regarding the subcommittee updates.
City Council discussion ensued.
At the request of Deputy Mayor Preciado, there was a consensus of the City
Council to add an item to a future City Council meeting to consider the creation of a
subcommittee to explore a potential tourism district along the Broadway Corridor.
11. CITY ATTORNEY'S REPORTS
There were none.
12. 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 convene in closed
session to discuss the items listed below.
Councilmember Cardenas stated she would abstain from participation in Item 12.1 due
to a potential financial conflict of interest.
Mayor McCann recessed the meeting at 7:53 p.m. The Council convened in Closed
Session at 7:58 p.m.
12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego
Superior Court, Case number 37-2020-33446-CU-MC-CTL
Action: No Reportable Action
12.2 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Tiffany Allen, Courtney
Chase, Tanya Tomlinson, Sarah Schoen, and Edward Prendell
Employee organization: ACE, IAFF, NIAF, MM/PR, POA, WCE, and unrepresented
employees.
Action: No Reportable Action
13. ADJOURNMENT
The meeting was adjourned at 8:23 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Consultant Services Agreement: Approve Agreement with Selectron Technologies, Inc. for Interactive Voice
Response Services for Building Inspection Scheduling
Report Number: 23-0189
Location: No specific geographic location
Department: Development Services
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
Adopt a Resolution approving an agreement between the City and Selectron Technologies, Inc. for provision
of interactive voice response services, including software upgrade, licensing, support, and maintenance
services related to interactive voice response services for permit inspection scheduling, for a term of five
years and a not-to-exceed amount of $250,000.
SUMMARY
The Development Services Department requires the continued use of Selectron Technologies, Inc.’s
(“Selectron”) interactive voice response (“IVR”) services, dynamic outbound notification messaging, and field
inspection management solutions that integrate with the City of Chula Vista’s (“City”) permitting software
system Accela. This agreement will allow the City to continue offering these IVR services to customers, in
turn, reducing the time it takes customers to schedule inspections. Additionally, field inspection management
solutions will continue to facilitate the best use of building inspection staff time by routing inspections as
most efficient for daily inspection routes.
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 the proposed activity consists of a governmental fiscal/administrative activity which does not result
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in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines, the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City has a critical business need for an interactive voice response solution that can support inspection
scheduling by providing customers the ability to self-schedule and receive notification messages. The
Development Services Department has chosen to continue receiving these services from Selectron based on
their unique qualifications. Selectron has been providing the City with an IVR solution for our business
operational needs since 2017. Selectron is experienced and staffed in a manner such that it can deliver the
services required within the time frames and terms set by the City.
The proposed agreement will provide upgrades, licensing, support, and maintenance services; including an
update of the IVR solution to the latest release and moving the IVR solution to Selectron’s managed/hosted
environment. The agreement provides the City with total field inspection licenses for ten (10) users.
If approved, the proposed agreement will enhance customer service and increase staff efficiency over the
proposed five-year term, through November 30, 2028, with a not-to-exceed amount of $250,000.
The service agreement was negotiated based on Selectron’s demonstrated competence and qualifications for
the professional consultant services to be provided, pursuant to Chula Vista Municipal Code (“CVMC”) Section
2.56.110 (A) (1). Further, Selectron was chosen based on their unique knowledge, skills, as well as
compatibility with the City’s software. Thus, in accordance with CVMC Sections 2.56.110 (H) (3) and 2.56.070
(B), the award of this contract is not subject to competitive bidding requirements, in the discretion of the
Purchasing Agent, after consultation with the Director of the procuring department.
Staff recommends that the City Council adopt the Resolution to approve the consultant services agreement
with Selectron for interactive voice response services provided to the public by Development Services.
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
Approval of this resolution will award Selectron Technologies, Inc. with the agreement to provide interactive
voice response services for building inspection scheduling for the City. Sufficient funds were budgeted in the
Development Services Fund for Fiscal Year 2024 for this expense, at a cost of $54,050 in Year 1 of the
agreement. There is no additional fiscal impact anticipated as a result of this action.
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ONGOING FISCAL IMPACT
The ongoing fiscal impact to the Development Services Fund totals $160,330 through Year 5 of the agreement
(Fiscal Year 2028), as outlined in the following summary table. Annual expenses per the agreement will be
considered as part of the annual budget development process.
Agreement Year Fiscal Impact
Year 2 (Fiscal Year 2025) $ 39,285
Year 3 (Fiscal Year 2026) $ 39,840
Year 4 (Fiscal Year 2027) $ 40,420
Year 5 (Fiscal Year 2028) $ 40,785
Total $ 160,330
ATTACHMENTS
1. Consultant Services Agreement with Selectron Technologies, Inc.
Staff Contact: Jay Alvarado, Principal Management Analyst, Development Services
Laura C. Black, AICP, Director of Development Services
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City of Chula Vista City Council
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60297.00068\41789715.1
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN
THE CITY AND SELECTRON TECHNOLOGIES, INC. FOR
BUILDING INSPECTION SERVICES FOR PROVISION OF
INTERACTIVE VOICE RESPONSE SERVICES, TO INCLUDE
SOFTWARE UPGRADE, LICENSING, SUPPORT, AND
MAINTENANCE SERVICES
WHEREAS, the City previously contracted with Selectron Technologies, Inc.,
(“Consultant”) for interactive voice response (“IVR”) services, providing City customers
convenient access to permit inspection management and information on customers’ phones; and
WHEREAS, continuing the IVR service will enhance customer service and increase staff
efficiency; and
WHEREAS, Consultant’s IVR system is comprised of proprietary software specifically
tailored to provide services for the City’s Development Services Department, and which cannot
be upgraded, licensed, supported, or maintained by another party, resulting in unique compatibility
requirements; and
WHEREAS, Consultant offers a uniquely proprietary product, preferred for integration
with the City’s permit processing software, resulting in unique compatibility requirements and
unique performance capabilities and therefore a formal solicitation of proposed services would not
be productive; and
WHEREAS, pursuant to Chula Vista Municipal Code (“CVMC”) Sections 2.56.110 and
2.56.070.B and the above facts, the Purchasing Agent has determined, after consultation with the
Director of the procuring department, Consultant is uniquely qualified to serve as the Consultant
for this project and the proposal shall not be subject to competitive bidding requirement; and
WHEREAS, the Consultant warrants and represents that they are experienced and staffed
in a manner such that they are and can prepare and deliver the services required of Consultant to
City within the timeframes herein provided all in accordance with the terms and conditions of the
subject agreement, a copy of which is on file in the City Clerk’s Office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the agreement between the City and Selectron Technologies, Inc. for Selectron to
provide IVR Services, including software upgrade, licensing, support, and maintenance services,
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 the same.
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Resolution No.
Page 2
Presented 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
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1 City of Chula Vista Agreement No.: 2022-213
Consultant Name: SELECTRON TECHNOLOGIES, INC. Rev. 9/15/20 60297.00068\41733376.1
CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT
WITH SELECTRON TECHNOLOGIES, INC.
TO PROVIDE SOFTWARE UPGRADE, LICENSING, SUPPORT, AND MAINTENANCE SERVICES
This Agreement is entered into effective as of December 1, 2022 (“Effective Date”) by and between the City of
Chula Vista, a chartered municipal corporation (“City”) and SELECTRON TECHNOLOGIES, INC., an Oregon
Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the
following facts:
RECITALS
WHEREAS, City requires interactive voice response (IVR), dynamic outbound notification messaging,
and field inspection management solutions that integrate with the City’s permitting software; and
WHEREAS, in order to procure these services, Consultant was chosen based on Consultant’s unique
qualifications, including status as previous provider of IVR services to City and preferred partner status with
City’s permitting software; on this basis, Consultant was awarded the contract on a “sole source” basis under the
authority of Chula Vista Municipal Code Section 2.56.090.B.3; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2022-213
Consultant Name: SELECTRON TECHNOLOGIES, INC. Rev. 9/15/20 60297.00068\41733376.1
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 and Exhibit D, 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 and Exhibit D shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. By mutual written agreement, the parties may reduce the Required
Services to be performed by the Consultant under this Agreement. If Consultant agrees to do 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 Consultant agrees to do so, City and
Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A
including the additional compensation for any agreed-on Additional Services. 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, or the willful misconduct of
the Consultant or its subcontractors in accordance with the provisions of this Agreement.
1.6 Security for Performance. In the event that Exhibit A Section 4 indicates the need for Consultant to
provide additional security for performance of its duties under this Agreement, Consultant shall provide such
additional security prior to commencement of its Required Services in the form and on the terms prescribed
on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
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3 City of Chula Vista Agreement No.: 2022-213
Consultant Name: SELECTRON TECHNOLOGIES, INC. Rev. 9/15/20 60297.00068\41733376.1
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 Effective Date and shall terminate November 30, 2028
provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. Subject to City’s Acceptance of Required Services in accordance with Exhibit D, 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 annual invoices, containing the details
described under this Section 2.2, in accordance with Exhibit D. 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 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 an invoice that complies with Section 2.2, City shall pay
Consultant for the invoice amount in accordance with Exhibit D. Payment shall be made in accordance with the
terms and conditions set forth in Exhibit A, 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 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.
2.5 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.
2.6 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City believes that Consultant is not entitled to receive any amount of compensation already
paid, City will notify Consultant in writing and the Parties will discuss the claim in good faith.
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.
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3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The 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
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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 protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified
Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including
reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or
persons, arising out of any death, physical injury, or property damage, in any manner arising out of any alleged
acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, and
contractors, in connection with the performance of the Required Services, the results of such performance, or
this Agreement (“Indemnified Claims”). This indemnity provision does not include any claims, damages,
liability, costs and expenses to the extent arising from and in proportion to the negligence or willful
misconduct of the Indemnified Parties.
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, any and all suits, actions or
other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties in
connection with an Indemnified Claim. 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 reasonable legal expenses and costs incurred by any of them in connection with an Indemnified Claim.
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. 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.
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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, to Consultant’s knowledge, no officer or employee of City, has any interest, whether contractual, non-
contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or
Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is
discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any
of these warranties, City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. The Parties may terminate this Agreement for cause in accordance with section
11.2 of the Master Services and Hosting Agreement, attached hereto as Exhibit D.
6.2 Termination for Convenience of City. Subject to Section 11.1 of the Master Services and Hosting
Agreement attached as Exhibit D, City may terminate this Agreement at any time and for any reason, with or
without cause, by giving specific written notice to Consultant of such termination 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. Consultant shall be entitled to receive compensation in the amount listed in Section
11.1 of the Master Services and Hosting Agreement attached as Exhibit D.
6.3 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.
6.4 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
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7 City of Chula Vista Agreement No.: 2022-213
Consultant Name: SELECTRON TECHNOLOGIES, INC. Rev. 9/15/20 60297.00068\41733376.1
in San Diego County, State of California.
6.5 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.
&. Intentionally Omitted
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 City and Consultant warrants and represents
that they have the authority to execute same on behalf of City and Consultant and to bind City and Consultant
to its obligations hereunder without any further action or direction from City or Consultant or any board,
principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
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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.
8.11 Conflicts or Discrepancies. In the event of any direct conflicts between any provisions of this
Agreement, the Selectron Technologies, Inc. Statement of Work, the Selectron Technology, Inc. Master
Services and Hosting Agreement, the Selectron Technologies, Inc. Customer Quote WE6537, and any other
documents related to the Required Services, the Parties acknowledge and agree that the conflict or discrepancy
shall be resolved by giving precedence to the provisions of this Agreement.
8.12 Termination of Software License Agreement. The Parties hereby agree that on execution of this
Agreement, the Software License Agreement between the Parties dated July 11, 2017 is terminated by the
Parties mutual written agreement, and of no further force or effect, except that City will still be obligated to
pay all amounts owed under the Software License Agreement which is reflected in the pricing in Exhibit D of
this Agreement.
(End of page. Next page is signature page.)
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Consultant Name: SELECTRON TECHNOLOGIES, INC. Rev. 9/15/20 60297.00068\41733376.1
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.
SELECTRON TECHNOLOGIES, INC. CITY OF CHULA VISTA
BY:
BY:
MIKE HANNEGAN MARIA V. KACHADOORIAN
DIRECTOR OF TECHNICAL SERVICES CITY MANAGER
APPROVED AS TO FORM
BY:
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
City of Chula Vista
Development Services Department
276 Fourth Avenue, Chula Vista, CA 91910
619-409-5805
JayAlvarado@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
SELECTRON TECHNOLOGIES, INC.
Todd Johnston, President
12323 SW 66th Avenue
Portland, OR 97223
503-443-1400
TJohnston@selectrontechnologies.com
For Legal Notice Copy to:
SELECTRON TECHNOLOGIES, INC.
Mike A. Cohen
Schwabe, Williamson & Wyatt
PacWest Center
1211 SW Fifth Avenue
Suite 1900
Portland, OR 97204
503-222-9981
mcohen@schwabe.com
2. Required Services
A. General Description:
Consultant will provide software upgrades, licenses, support, and maintenance services associated with
interactive voice response (IVR), dynamic outbound notification messaging, and field inspection solutions that
integrate with the City’s permitting software.
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Additional detail provided in Exhibit D, Master Services and Hosting Agreement and Exhibit E Selectron
Technologies, Inc. Customer Quote WE65337
Consultant will additionally update the City’s Relay Permits IVR solution to the latest Relay release; and move
the IVR to Selectron’s Managed/Hosted environment. Additional detail provided in Exhibit E, Customer Quote
WE6537.
B. Detailed Description:
Managed Relay Permit Pack Interactive Voice Response Solution (4-Port)
Includes the following functionality:
Base
Schedule Inspections Speak Site Address
Cancel Inspections Permit-Based Messaging
Obtain Inspection Results Relay Portal for Administration & Reports
Post Inspection Results
Add-Ons
Spanish Language
Spanish Translation & Professional Voice Recording for Base IVR Prompts
English Professional Voice Recording for Base IVR Prompts
English Professional Voice Recording for Street Words (Up to 3,000 words)
Managed Relay Outbound
Includes the Following Outbound Notifications:
1. Automatic Results Notification
2. Expired Permit Notification
3. Inspection Time Notifications
4. Permit Status Change Notifications (Ready to Issue Status)
5. Permit Application (Plan Check) Expiration Notification
6. Correction Letter Sent
Managed Atlas Insight (formerly Field Portal)
Includes up to 10 User Licenses
Includes the Following Functionality:
Atlas Insight
Assignment Manager
Base Location Services
Review Center
Customization: Inspector Initials
Hosting Services
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin December
1, 2022 and end on November 30, 2028 for completion of all Required Services.
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4. Compensation:
A. Form of Compensation
☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified
in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth
below:
Deliverable Amount
Relay Permits 09/01/2023 – 08/31/2024 $10,550
Relay Permits 09/01/2024 – 08/31/2025 $11,085
Relay Permits 09/01/2025 – 08/31/2026 $11,640
Relay Permits 09/01/2026 – 08/31/2027 $12,220
Relay Permits 09/01/2027 – 08/31/2028 $12,585
IVR Inbound Call Bundle (18,000 calls/transfers) 09/01/2023 – 08/31/2024 $2,900
IVR Inbound Call Bundle (18,000 calls/transfers) 09/01/2024 – 08/31/2025 $2,900
IVR Inbound Call Bundle (18,000 calls/transfers) 09/01/2025 – 08/31/2026 $2,900
IVR Inbound Call Bundle (18,000 calls/transfers) 09/01/2026 – 08/31/2027 $2,900
IVR Inbound Call Bundle (18,000 calls/transfers) 09/01/2027 – 08/31/2028 $2,900
Outbound Bundle (50,000 Messages) 09/01/2023 – 08/31/2024 $10,000
Outbound Bundle (50,000 Messages) 09/01/2024 – 08/31/2025 $10,000
Outbound Bundle (50,000 Messages) 09/01/2025 – 08/31/2026 $10,000
Outbound Bundle (50,000 Messages) 09/01/2026 – 08/31/2027 $10,000
Outbound Bundle (50,000 Messages) 09/01/2027 – 08/31/2028 $10,000
Atlas Insight (10 Licenses) 12/01/2022 – 11/30/2023 $15,300
Atlas Insight (10 Licenses) 12/01/2023 – 11/30/2024 $15,300
Atlas Insight (10 Licenses) 12/01/2024 – 11/30/2025 $15,300
Atlas Insight (10 Licenses) 12/01/2025 – 11/30/2026 $15,300
Atlas Insight (10 Licenses) 12/01/2026 – 11/30/2027 $15,300
Atlas Insight (10 Licenses) 12/01/2027 – 11/30/2028 $15,300
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
1. City requested design, programming, testing, documentation, implementation work, and customer support
will be performed at Consultant’s then current, standard published billing rates. Prior to commencing work
for the same, Consultant will issue a quote and scope of work to City for approval. A purchase order must
be issued by City before work can be schedule or begin.
2. Actual travel expenses (air, hotel, car, per diem) as required to provide onsite services if approved in
advance by City.
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
November 30, 2028 shall not exceed $250,000.
5. Special Provisions: None
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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
☐x 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
☐x 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
☐x 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
☐x Professional Liability
(Errors & Omissions)
$1,000,000 each occurrence
$2,000,000 aggregate
Other Negotiated Insurance Terms: None
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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 EXCLUDED 4 from disclosure.
□ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code .)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) ☐A. Full Disclosure
☐B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
☐ 1. ☐2. ☐3. ☐4. ☐5. ☐6. ☐7.
Justification:
☐C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
(866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jay Alvarado
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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EXHIBIT D
SELECTRON TECHNOLOGIES, INC. MASTER SERVICES AND HOSTING AGREEMENT
Consultant will provide support and maintenance for the Required Services under the terms and conditions set
forth in the following Master Services and Hosting Agreement. If there is a conflict between the terms of the
Consultant Services Agreement and the Master Services and Hosting Agreement, then the Consultant Services
Agreement will take precedence.
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Master Services and Hosting Agreement
This Master Services and Hosting Agreement (this “Agreement”) is entered into by and between Selectron Technologies, Inc.,
an Oregon corporation having a principal place of business at 12323 SW 66 th Avenue, Portland, OR 97223, and its successors
and assigns (“Selectron”), and the City of Chula Vista (“Licensee”) pursuant to the parties’ Consultant Services Agreement
dated December 1, 2022, and is incorporated into the Consultant Services Agreement by this reference. In the event of any
conflict or inconsistency between this Agreement and the Consultant Services Agreement, the terms of the Consultant
Services Agreement shall control.
Recitals
Whereas, as between Selectron and Licensee, Selectron is the owner of all rights, titles, and interest in and to certain
software and materials, identified more particularly in this Agreement as the “Licensed Software”; and
Whereas, Selectron wishes to grant to Licensee, and Licensee desires to obtain from Selectron, certain rights to access and
use, and to permit authorized Licensee employees and third party contractors and consultants to access and use the
Licensed Software through Selectron’s application hosting service, as more particularly described below and in accordance
with the terms and conditions of this Agreement.
Now, Therefore, in consideration of the mutual promises and covenants contained herein, the parties agree to the following
terms and conditions, which set forth the rights, duties and obligations of the parties:
Agreement
1.Definitions
For purposes of this Agreement, the following terms shall
have the following meanings. Any capitalized terms used in
this Agreement that are not defined in this Section 1 shall
have the meaning given to them elsewhere in this
Agreement.
1.1 “Aggregate Data” means information,
data, and statistics about a group of individuals,
organizations, or transactions that cannot be used to
identify Licensee or a particular individual, including
Licensee Data that has been de-identified and
anonymized and combined with data about other
individuals and transactions.
1.2 “Authorized User” means an Employee or
contractor and consultant of Licensee that Licensee
provides with access to the Licensed Software.
1.3 “Customer Tools” means the Licensed
Software components and interfaces that, as described
in the Documentation, are designed and intended to be
accessed by customers of Licensee through an
application that is set up and maintained as part of the
Services and/or Licensee’s website.
1.4 “Derivative Work” shall mean a new
or modified work that is based on or derived from a
preexisting work, including, without limitation, a work
that in the absence of a license, would infringe the
Intellectual Property Rights associated with such
preexisting work.
1.5 “Documentation” shall mean the
standard documentation for the Licensed Software, as
generally provided by Selectron to its other customers.
1.6 “Employee” shall mean a then-current
employee of Licensee.
1.7 “Intellectual Property Rights” shall
mean all rights associated with (a) patents, designs,
algorithms, and other industrial property rights; (b)
works of authorship, including copyrights, “moral
rights”, and derivative works thereof; (c) the protection
of trade and industrial secrets and confidential
information; (d) Trademarks (as defined herein); (e) all
other intellectual and industrial property rights (of every
kind and nature throughout the world and however
designated), whether arising by operation of law,
contract, license, or otherwise; and (f) all
registrations, initial applications, divisions,
continuations, renewals, extensions, divisions, and re-
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issuances of any of the foregoing, now existing or
acquired in the future.
1.8 “Licensed Software” shall mean,
collectively, (a) the software programs that are listed in
Exhibit A and further described in Exhibit C; (b) the
Documentation; and (c) any Updates.
1.9 “Licensee Data” means structured
data about and identifiable to customers of Licensee,
including without limitation data about transactions
between such customers and Licensee, (a) that Licensee
provides to Selectron to enable Selectron to provide the
Licensed Software and the Services, (b) that Selectron
collects from Licensee’s customers to facilitate payments
by those customers to Licensee, or (c) that Selectron
otherwise collects or creates, including by automated
means, in the course of performing the Services or
providing the Licensed Software to Licensee.
1.10 “PCI Data” means Cardholder Data
(including, without limitation, Primary Account
Number, cardholder name, expiration date, and Service
Code) and Sensitive Authentication Data (including
without limitation full magnetic stripe data or the
equivalent on a chip, CAV2/CVC2/CW2/CID, PINs/PIN
block), as such terms are defined by the PCI Security
Standards Council.
1.11 “Security Incident” means a breach of
security resulting in an unauthorized third party
gaining access to Licensee Data if the Licensee Data was
accessed in unencrypted, usable, or readable form or it
is reasonably likely that the unauthorized third party
has acquired or will acquire the decryption key or other
means of converting the Licensee Data to readable or
usable form.
1.12 “Services” means the outbound call
management, customization, training, set-up,
configuration, or other services listed in Exhibit A and
further described in Exhibit C hereto, the Technical
Support Services, and any other services Selectron
provides to Licensee as described herein.
1.13 “Technical Support Services” means
the maintenance and technical support services
described in Exhibit B hereto.
1.14 “Term” shall have the meaning set
forth in Section 11.1.
1.15 “Trademarks” shall mean (a) the
trademarks, trade names, and service marks used by a
party, whether registered or unregistered; (b) the
respective stylistic marks and distinctive logotypes for
such trademarks, trade names, and service marks; (c)
such other marks and logotypes as either party may
designate from time to time in writing; and (d) the
goodwill connected with the use of and symbolized by
any of the foregoing.
1.16 “Updates” shall mean any modifications,
error corrections, bug fixes, new releases, or other
updates of or to Licensed Software, including the
Documentation, that may be provided or otherwise
made available hereunder by Selectron to Licensee
during the Term.
1.17 “Work Product” means any and all
work product, deliverables, materials, drawings, works
of authorship, creative works, designs, inventions,
documentation, methods, processes, techniques,
software, reports, or data created or developed by
Selectron in the course of performing the Services or
providing the Licensed Software, excluding Licensee
Data.
2.Grant of License; Restrictions
2.1 Grant of License to Use Licensed
Software. Subject to the terms and conditions of this
Agreement, including the End User License Agreement
(“EULA”) attached hereto as Exhibit D which is
incorporated into and made a part hereof, and the timely
payment of all fees hereunder, Selectron hereby grants to
Licensee a non-exclusive, nontransferable,
nonsublicensable, limited license, during the Term, to
access and use the Licensed Software solely in accordance
with the Documentation and the EULA and solely for
Licensee’s own internal business use. Except as set forth in
this Section 2.1 or the EULA, no other right or license of
any kind is granted by Selectron to Licensee hereunder
with respect to the Licensed Software.
2.2 Software Restrictions. Licensee
hereby acknowledges and agrees that it shall not use the
Licensed Software for any purpose other than the
purpose for which Selectron has developed the Licensed
Software, and that it shall use the Licensed Software in
accordance with the EULA and all applicable laws, rules,
and regulations. In the event of any violation of this
Section 2.2 or the terms of the EULA by Licensee or any
person Licensee provides with access to the Licensed
Software (whether or not such person is an Authorized
User), Selectron may terminate this Agreement in
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accordance with Section 11.2, and shall be entitled to
equitable relief in accordance with Section 12.5.
2.3 Data Restrictions. Selectron hereby
acknowledges that the Licensee Data may contain
sensitive, personally-identifiable information.
Selectron will not disclose Licensee Data to any third-
party except as required to perform its obligations
under this Agreement (e.g., transmittal of PCI Data to
Licensee’s designated payment gateway) and will
maintain and use the Licensee Data only for purposes of
performing its obligations under this Agreement. Except
as otherwise expressly provided herein, Selectron will
promptly delete any Licensee Data that Licensee
requests in writing to be deleted (except for data
retention required by law, in which case Selectron will
notify Licensee as such in writing).
2.4 Rights in Aggregate Data. Notwithstanding
Section 2.3, Selectron may, (a) during the term of this
Agreement, use and analyze the Licensee Data to
generate Aggregate Data and (b) during and after the
term of this Agreement, retain, use, publish, and
otherwise disclose Aggregate Data without restriction,
so long as the Aggregate Data is disclosed in a form in
which it cannot be used to identify Licensee or any
particular individual(s). By way of example and without
creating any limitation, Selectron may analyze the
Licensee Data along with data gathered from other
sources to generate statistics and analytics about success
rates of municipalities in collecting payments in
response to application notification calls.
3.Deliverables and Services
3.1 Services. Selectron shall perform the
Services described in Exhibit A and Exhibit C and the
Technical Support Services described in Exhibit B in
accordance with the terms of this Agreement.
3.2 Delivery, Testing, and Acceptance.
All deliveries of equipment or physical goods required
under this Agreement shall be F.C.A. Licensee facilities.
Selectron shall provide Licensee with the
Documentation and access to the Licensed Software
according to the delivery, testing, and acceptance
schedule and terms and conditions set forth in Exhibit A
and Exhibit C. Unless a testing period of different
duration is set forth in Exhibit A or Exhibit C, Licensee
shall have a testing period of thirty (30) days from the
date of delivery of any Licensed Software, including any
customized Licensed Software, to inspect and test the
Licensed Software. If Licensee provides Selectron with
written notice during the applicable testing period
describing the Licensed Software’s failure to
substantially comply with the limited warranty set forth
in Section 7.2 in sufficient detail to enable Selectron to
reproduce such failure, the Service Fees for the non-
conforming Licensed Software shall be suspended until
Selectron corrects any such substantial non-conformity.
If Licensee does not provide such notice during the
testing period, the Licensed Software shall be deemed
accepted, and Licensee’s sole remedy for any non-
conformance shall be the Technical Support Services
provided hereunder.
3.3 Authorized Users; Licensee
Identification and Passwords. Except as provided in
Section 3.4, Licensee shall not permit any person to
access the Licensed Software other than Employees and
Licensee’s consultants and contractors whom Licensee
has designated as Authorized Users. Each individual
natural person shall be a separate Authorized User for
purposes of this Agreement. Licensee shall create or
request that Selectron create unique log-in credentials,
consisting of a “User Identification” and “User
Password”, for each individual Authorized User who
shall be accessing the Licensed Software. Licensee
hereby acknowledges that Licensee and its Authorized
Users bear sole responsibility for protecting the
confidentiality of all User Passwords and shall remain
fully responsible and liable for (and Selectron shall not
be responsible or liable for) any unauthorized use of any
User Identifications or User Passwords, except to the
extent such unauthorized use is due to Selectron’s acts
or omissions. Licensee shall not share or disclose, and
shall not permit any Authorized User to share or
disclose, such Authorized User’s log-in credentials with
or to any other individual or entity, even if such other
individual is also an Authorized User. A User
Identification may not be transferred from one
Authorized User to another Authorized User. Licensee
shall promptly terminate (or cause to be terminated by
requesting that Selectron terminate) the User
Identification for any individual who ceases to be an
Authorized User for any reason, including without
limitation due to termination of such individual’s
employment with Licensee. Licensee shall promptly
notify Selectron if it discovers that any login credentials
have been accessed or used by any person other than the
Authorized User to which such log-in credentials were
granted, in which case Selectron shall promptly reset or
provide Licensee with a means of resetting the
password associated with such log-in credentials.
3.4 Customer Tools. Licensee may
permit its customers to access and use the Customer
Tools solely through Licensee’s website and/or an
application that is set up and maintained as part of the
Services, and solely for the purpose of enabling such
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customers to (a) receive notifications sent by or on
behalf of Licensee, (b) make payments to Licensee, (c)
view their invoices from Licensee and history of
payments to Licensee, and (d) update their contact
information with Licensee.
3.5 Hosting. During the Term, Selectron
and/or its designees shall host and maintain the
Licensed Software, and provide access thereto, subject
to the terms and conditions of this Agreement and the
EULA.
3.6 Updates, Maintenance, and
Technical Support. During the Term, Selectron shall
provide Licensee with Updates as they are made
generally available by Selectron to its other customers,
as well as maintenance and technical support, in
accordance with the terms and conditions set forth in
Exhibit B. Any Update provided or made available by
Selectron hereunder shall be deemed part of the
Licensed Software and shall be subject to the terms and
conditions of this Agreement.
3.7 Other Modifications to the Licensed
Software. Licensee understands and agrees that
Selectron may make modifications and updates to the
Licensed Software from time to time. Selectron may
determine in its sole discretion whether to provide such
modifications and updates to Licensee and its other
customers as an Update hereunder, or whether such
modifications and updates will be issued as a separate or
new product or premium version of the Licensed
Software that is available only at an additional charge.
3.8 Further Licensee Obligations. Licensee
shall be solely responsible for acquiring and
maintaining, at its own expense, the necessary
equipment and Internet and telecommunication
services required to access the Licensed Software and
the Services. Licensee acknowledges that Selectron shall
have no obligation to assist Licensee in using or
accessing the Licensed Software or the Service except as
expressly set forth in this Agreement.
4.Fees and Payment
4.1 Service Fees. Licensee shall pay to
Selectron service fees (“Service Fees”) in the amounts
and according to the terms and conditions set forth in
Exhibit A.
4.2 Payment Terms. Unless different
payment terms are set forth in Exhibit A, all fees and
expenses payable hereunder shall be due thirty (30)
days from the date of invoice, and any amounts not paid
when due will incur late fee charges at the rate of 1.5%
per month, or the maximum rate permitted by
applicable law, whichever is lower, calculated on a daily
basis. If any amounts are past due and outstanding
following thirty (30) days written notice from Selectron,
Selectron reserves the right to suspend the licenses
granted hereunder, suspend access to the Licensed
Software, and discontinue the Services until all
outstanding amounts are paid. Selectron is entitled to
recover all costs of collection, including attorney’s fees
and related expenses.
4.3 Disputed Amounts. Any disputed
charges must be presented by Licensee to Selectron in
writing within thirty(30) days of the date of invoice, and
the parties agree to cooperate in good faith to promptly
resolve any disputed invoice within thirty (30) days of
Selectron’s receipt of Licensee’s written notice of
dispute. In the event Licensee disputes any amounts
invoiced by Selectron in good faith, the undisputed
amount shall be paid when due, and only disputed
amounts shall be withheld pending resolution of the
dispute. If payment of a disputed amount has already
been made and later resolution of the dispute is in
Licensee’s favor, a credit will be issued by Selectron to
Licensee on the next invoice.
4.4 Fee Increases. During the Initial
Term, the Service Fees set forth in Exhibit A shall apply.
After the Initial Term (as defined in Section 11.1 below),
Selectron may increase or change its fees by providing
Licensee with notice of such increase or change at least
ninety (90) days prior to the effective date of such
increase or change. Any such fee increases shall not
exceed 5 % per year. Licensee’s sole alternative to such
fee increase or change shall be to terminate this
Agreement by providing notice of termination to
Selectron within twenty (20) days after receipt of the
notice of price increase or change, which termination will
become effective thirty (30) days after such written
notice of termination.
4.5 Taxes. All prices set forth in this
Agreement are in U.S. Dollars and are exclusive of any
applicable taxes. Licensee shall pay, indemnify, and hold
Selectron harmless from all import and export duties,
customs fees, levies, or imposts, and all sales, use, value
added, or other taxes or governmental charges of any
nature, including penalties and interest, and all
government permit or license fees assessed upon or with
respect to any products sold, leased, or licensed to
Licensee and any services rendered to Licensee;
provided, however, that Licensee shall not be
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responsible for paying any taxes imposed on, or with
respect to, Selectron’s income, revenues, gross receipts,
personnel, or real or personal property or other assets.
5.Proprietary Rights
As between Selectron and Licensee, Selectron and/or its
licensors own and shall retain all right, title and interest,
including, without limitation, all Intellectual Property
Rights in and to the Licensed Software and any Work
Product resulting from performance of the Services and
any portions thereof, including without limitation any copy
or Derivative Work of the Licensed Software (or any
portion thereof) and any Updates and upgrades
thereto.Licensee agrees to take any action reasonably
requested by Selectron to evidence, maintain, enforce, or
defend the foregoing. Licensee shall not take any action to
jeopardize, encumber, limit, or interfere in any manner with
Selectron’s or its licensors’ ownership of and rights with
respect to the Licensed Software or Service, or any
Derivative Work or Update or upgrade thereto. The Licensed
Software and any Work Product are licensed, not sold, and
Licensee shall have only those rights in and to the Licensed
Software and Work Product and any Derivative Work or
Update or upgrade thereto as are expressly granted to it
under this Agreement, including the EULA.
6. Confidential Information
During the Term of this Agreement and after the
termination of this Agreement, the parties will take all steps
reasonably necessary to hold the other party’s Confidential
Information in confidence, will not use the disclosing party’s
Confidential Information in any manner or for any purpose
not expressly set forth in this Agreement, and will not
disclose any such Confidential Information to any third
party without the disclosing party’s express prior written
consent; provided, however, that each party (the “receiving
party”) may disclose Confidential Information of the other
party (the “disclosing party”) (a) to such receiving party’s
employees, directors, officers, contractors, and
agents (collectively, “Representatives”) who have a need to
know such information and who have been advised of and
have agreed to comply with the confidentiality restrictions
contained in this Section 6 and (b) to such third parties as
are authorized or directed by the disclosing party in writing.
Each party shall be responsible and liable for the actions and
omissions of its Representatives of this Section.
“Confidential Information” belonging to a disclosing party
includes, but is not limited to, such disclosing party’s (a)
trade secrets, inventions, ideas, processes, formulas, source
and object codes, data, other works of authorship, know-
how, improvements, discoveries, developments, designs,
and techniques; (b) information regarding its plans for
research, development, new products, marketing and
selling, budgets and unpublished financial statements,
licenses, prices and costs, suppliers and customers; (c)
information regarding the skills and compensation of
employees, and (d) other information about or belonging to
such disclosing party that the receiving party should
reasonably know, due to the nature of the information or
the circumstances surrounding its disclosure, is regarded by
the disclosing party as confidential. Confidential
Information includes Licensee Data, personally identifiable
information, including but not limited to Licensee’s
customers’ personal and financial information. Confidential
Information includes reports, analyses, notes, and other
information or materials that contain or are derived using
the disclosing party’s Confidential Information, even if
developed in whole or in part by the receiving party.
For clarity, subject to the Public Records Act and applicable
laws, information about the Licensed Software, including
information about its features, functionality, and pricing
that are not part of and included in this Agreement are and
shall remain the Confidential Information of Selectron. For
further clarity, Licensee Data is and shall remain the
Confidential Information of Licensee.
Notwithstanding the foregoing, information will not be
considered to be Confidential Information if (a) it is readily
available to the public other than by a breach of this
Agreement; (b) it has been rightfully received by the
receiving party from a third party without confidentiality
limitations; (c) it has been independently developed by the
receiving party without reference to or use of the disclosing
party’s Confidential Information; or (d) it was rightfully
known to the receiving party prior to its first receipt from
the disclosing party. The receiving party shall be entitled to
disclose the disclosing party’s Confidential Information if
required by law or a judicial order, including but not limited
to California Public Records Act; provided that the receiving
party first provides prompt notice of the required disclosure
to the disclosing party, and complies with any protective or
similar order obtained by the disclosing party limiting the
required disclosure.
7.Representations and Warranties; Warranty
Disclaimer.
7.1 Mutual Representations. Each party
represents and warrants to the other party that the
execution, delivery and performance of this Agreement
(a) is within its corporate, municipal, or governmental
powers, as the case may be (b) has been duly authorized
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by all necessary corporate, municipal, or governmental
action on such party’s part, and (c) does not and shall not
contravene or constitute a default under, and is not and
shall not be inconsistent with, any law, regulation,
judgment, decree or order, or any contract, agreement, or
other undertaking, applicable to such party.
7.2 Limited Software Warranty and
Exclusive Remedy. Subject to the limitations set forth
in this Agreement, Selectron represents and warrants to
Licensee that the Licensed Software, when used in
accordance with the Documentation, shall throughout
the Term substantially conform to the functional
specifications in such Documentation. If Licensee finds
what it reasonably believes to be a failure of the
Licensed Software to substantially conform to the
functional specifications in the Documentation, and
provides Selectron with a written report that describes
such failure in sufficient detail to enable Selectron to
reproduce such failure, Selectron shall use commercially
reasonable efforts to correct or provide a workaround
for such failure at no additional charge to Licensee in
accordance with Exhibit B hereto. Outside the United
States, this limited warranty is only available with proof
of purchase from an authorized source. EXCEPT FOR
THE EXPRESS WARRANTY ABOVE, SELECTRON
PROVIDES THE LICENSED SOFTWARE TO LICENSEE “AS
IS” AND “AS AVAILABLE.” SELECTRON MAKES NO
WARRANTY THAT ALL ERRORS, FAILURES, OR
DEFECTS SHALL BE CORRECTED, OR THAT ACCESS TO
OR USE OF THE LICENSED SOFTWARE SHALL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ORAL
OR WRITTEN INFORMATION OR ADVICE PROVIDED BY
SELECTRON, ITS AGENTS, OR ITS EMPLOYEES, SHALL
CREATE ANY WARRANTY OR IN ANY WAY INCREASE
THE SCOPE OF THE WARRANTIES EXPRESSLY
PROVIDED IN THIS AGREEMENT. This Section states the
entire liability of Selectron and the sole and exclusive
remedy of Licensee with respect to any breach of the
foregoing express warranty. For avoidance of doubt, the
limited remedy in this Section shall not apply to
Selectron’s confidentiality obligations under this
Agreement, breach of applicable laws and regulations, or
Selectron’s indemnification obligations.
7.3 Limited Services Warranty and
Exclusive Remedy. Subject to the limitations set forth
in this Agreement, Selectron warrants that the Services
shall be performed in a professional and workmanlike
manner. Selectron’s sole obligation, and Licensee’s
exclusive remedy for breach of the foregoing warranty,
is that Selectron shall use its commercially reasonable
efforts to re-perform the Services or otherwise cure
such breach. If, in Selectron’s sole judgement, curing the
breach is not commercially feasible, Selectron shall
credit Licensee for a portion of the fees allocable to the
affected period of time that is proportionate to the
period the Services or Licensee’s ability to access or use
the Licensed Software was impaired. For avoidance of
doubt, the limited remedy in this Section shall not apply
to Selectron’s confidentiality obligations under this
Agreement, breach of applicable laws and regulations, or
Selectron’s indemnification obligations.
7.4 Disclaimer of Other Warranties.
THE EXPRESS WARRANTIES SET FORTH IN THIS
SECTION 7 AND SECTION 8.5 CONSTITUTE THE ONLY
WARRANTIES MADE BY SELECTRON WITH RESPECT TO
THE LICENSED SOFTWARE AND THE SERVICES AND
ANY OTHER SUBJECT MATTER OF THIS AGREEMENT.
SELECTRON MAKES NO OTHER, AND HEREBY
DISCLAIMS ALL OTHER, REPRESENTATIONS,
WARRANTIES, OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY
OPERATION OF LAW), OR STATUTORY, WITH RESPECT
TO THE LICENSED SOFTWARE, THE SERVICES, OR ANY
OTHER SUBJECT MATTER OF THIS AGREEMENT.
SELECTRON EXPRESSLY DISCLAIMS ALL WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND ALL WARRANTIES
THAT MAY ARISE FROM COURSE OF DEALING, COURSE
OF PERFORMANCE, OR USAGE OF TRADE. SELECTRON
DOES NOT WARRANT THAT ANY USE OF OR ACCESS TO
THE LICENSED SOFTWARE SHALL BE ERROR-FREE OR
SECURE, OR THAT OPERATION OF THE LICENSED
SOFTWARE SHALL BE UNINTERRUPTED, AND HEREBY
DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION
THEREWITH. LICENSEE ACKNOWLEDGES THAT IT HAS
RELIED ON NO WARRANTIES OTHER THAN THE
EXPRESS WARRANTIES IN SECTION 7 AND SECTION 8.5
OF THIS AGREEMENT.
7.5 Defects Not Covered by Warranties.
Selectron shall have no obligations under Section 7.2 to
the extent any nonconformance or failure of, or error in,
the Licensed Software is caused by (a) use of any
attachment, feature, hardware, software, or device in
connection with the Licensed Software, or combination
of the Licensed Software with any other materials or
service, unless the combination is performed or
authorized by Selectron; (b) transportation, neglect,
misuse, or misapplication of the Licensed Software, or
any use of the Licensed Software that is not in
accordance with this Agreement, the EULA, and/or the
Documentation; (c) alteration, modification, or
enhancement of the Licensed Software, except as may be
performed or authorized by Selectron; (d) failure to
provide a suitable use environment for all or any part of
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the Licensed Software; or (e) failure to maintain systems
and environments that are compatible with Updates.
8.Security
8.1 Internet Security. Selectron’s
Licensed Software is made available through the
Internet and may be used to access and transfer
information over the Internet. Licensee is solely
responsible for the security and integrity of information
it transfers from the Licensed Software, if any. Selectron
makes no representations or warranties to Licensee
regarding (a) the security or privacy of Licensee’s
network environment, or (b) any third-party
technologies’ or services’ ability to meet Licensee’s
security and privacy needs. These third-party
technologies and services may include, but are not
limited to, operating systems, database management
systems, web servers, and payment processing services.
Licensee is solely responsible for ensuring a secure
environment for information it transfers from the
Licensed Software, if any. Further, Licensee
acknowledges and agrees that Selectron does not
operate or control the Internet and that Selectron shall
have no responsibility or liability in connection with a
breach of security or privacy regarding the Licensed
Software or information contained therein that is
caused by (a) viruses, worms, Trojan horses, or other
undesirable data or software; (b) unauthorized users,
e.g., hackers; or (c) any other third party or activity
beyond Selectron’s reasonable control; in each of the
foregoing cases, except to the extent caused by
Selectron’s breach of its obligations under this
Agreement.
8.2 Remote Access Security. In order to
enable code development and support and maintenance
of the software, Selectron may require remote access
capability. Remote access is normally provided by
installing PC-Anywhere, ControlIT, or other industry
standard remote access software. It may also be
provided through a Licensee solution such as VPN access.
Regardless of what method is used to provide remote
access, or which party provides remote access software,
it is Licensee’s responsibility to ensure that the remote
access method meets Licensee’s security requirements.
Selectron makes no representations or warranties to
Licensee regarding the remote access software’s ability
to meet Licensee’s security or privacy needs. Selectron
also makes no recommendation for any specific package
or approach with regard to security. Licensee is solely
responsible for ensuring a secure network environment.
8.3 Outbound Services Disclaimer. Outbound
services are intended to create additional methods of
communication for Licensee’s employees who use the
Licensed Software in support of existing processes.
These services are not intended to replace all interaction
with Licensee’s end users or employees. While the
outbound services have been created with the best
available tools and practices, they are dependent on
infrastructure that is inherently not fail-proof, including
but not limited to infrastructure such as software,
computer hardware, network services, telephone
services, and e-mail. Examples of situations that could
cause failure include but are not limited to: down phone
lines, all lines busy, equipment failure, email address
changes, and Internet service disruptions. For this
reason, while outbound services are valuable in
providing enhanced communication, they are
specifically not designed to be used as the sole method
to deliver critical messages. Licensee acknowledges that
it is aware of the potential hazards associated with
relying on an automated outbound service feature,
when using the Licensed Software, and Licensee
acknowledges and agrees that it is giving up in advance
any right to sue or make any claim against Selectron, and
that Licensee forever releases Selectron from any and all
liability caused by (a) any failed call attempts (including
excess of calls over and above network or system
capacity), incomplete calls, or any busy-outs; (b) any
failure to transmit, obtain or collect data from callers or
for human and machine errors, faulty or erroneous
input, inarticulate caller communication, caller delays
or call lengths exceeding estimated call lengths or
omissions, delays and losses in connection with the
Services provided hereunder; or (c) if Licensee,
Licensee’s employees, or Licensee’s end user suffer
injury or damage due to the failure of outbound services
to operate, even though Licensee does not know what
or how extensive those injuries or damages might be,
unless such losses were directly attributable to
Selectron’s negligence or breach of its obligations under
this Agreement.
8.4 Privacy and Security Standards.
Selectron agrees that it will gather, collect, receive,
generate, store, use, maintain, transmit, process, import,
export, transfer and disclose the Licensee Data in
compliance with applicable data protection, security,
breach notification and privacy laws, rules, regulations
and industry standards to which Selectron is subject.
Selectron shall, at all times, use reasonable measures to
protect the confidentiality of the Licensee Data in its
possession or care, including technical, administrative,
and physical safeguards that are appropriate given the
nature of the Licensee Data. Except as permitted for
Aggregate Data under this Agreement, Selectron will not
use, rent, transfer, distribute, or otherwise disclose or
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make available Licensee Data for Selectron’s own
purposes or for the benefit of anyone other than
Licensee without Licensee’s prior written consent.
Selectron shall not sell any Licensee Data for any
purpose without Licensee’s written consent. This
Section shall survive the expiration of termination of
this Agreement.
8.5 PCI Compliance. Selectron warrants
that, during the Term of this Agreement, (a) all system
components, people, processes, and the cardholder data
environment that are used in Selectron’s collection,
transmittal, or other processing of PCI Data on behalf of
Licensee are and shall remain compliant with the
applicable provisions of PCI DSS; and (b) Selectron
PayEngineTM, Selectron’s proprietary payment
application, is and shall remain compliant with PA-DSS.
On an annual basis or upon Licensee’s request, Selectron
shall provide Licensee with an Attestation of Compliance
or Attestation of Validation confirming such compliance.
8.6 Incident Response. In the event
Selectron becomes aware of a confirmed or suspected
Security Incident involving the unauthorized disclosure
or theft of PCI Data, Selectron shall (a) notify Licensee,
(b) cooperate in any investigation, (c) promptly take
reasonable measures to prevent further unauthorized
access or use of the Licensee Data, (d) cooperate with
Licensee’s notification to affected individuals if such
notification is required by applicable law or regulation,
and (e) perform all such other acts, or cooperate with
Licensee’s performance of all such other acts, that are
required with respect to such Security Incident by
applicable law or regulation.
8.7 Limited Scope of PCI Data Processing. The
parties acknowledge that Selectron’s sole processing of
PCI Data on behalf of Licensee shall consist of (a)
collecting PCI Data needed to facilitate payments to
Licensee, (b) transmitting such PCI Data to a third party
payment gateway designated by Licensee, and (c)
receiving confirmation via the payment gateway that the
payment transaction has been completed. After
transmittal of PCI Data to the payment gateway,
Selectron will not retain, store, or continue to use or
process such PCI Data.
8.8 Data Transfers Between Licensee
and Selectron. The parties acknowledge that, to
facilitate providing the Services and the Licensed
Software, Selectron and Licensee may regularly transfer
Licensee Data to each other. Licensee, not Selectron, is
responsible for providing and maintaining a secure file
transfer protocol for such transfer of Licensee Data, and
shall be responsible for maintaining the security of the
system components, environment, and procedures of
such file transfer protocol. For avoidance of doubt,
Selectron shall be responsible for security of data while
such data is at rest in Selectron’s system.
8.9 Licensee’s Privacy Practices.
Licensee acknowledges that the Licensee Data includes
information about individuals with whom Licensee,
rather than Selectron, has direct relationships.
Therefore, it is Licensee’s obligation, and not Selectron’s
obligation, to provide any privacy notices or disclosures
to, and obtain any consent from, such individuals as may
be required by applicable law with respect to processing
of the Licensee Data by Selectron on Licensee’s behalf.
Licensee represents, warrants, and covenants to
Selectron that (a) Licensee has the authority to transmit
the Licensee Data to Selectron; and (b) Selectron’s
collection, storage, transmittal, and other processing of
the Licensee Data on behalf of Licensee, as described in
the Documentation and this Agreement, does not and
will not violate any applicable laws, regulations,
ordinances, contracts, policies, orders, or decrees to
which Licensee is subject.
9.Indemnification
9.1 Infringement Indemnity
Obligations of Selectron. Selectron shall indemnify and
hold harmless Licensee, and shall defend any action
brought against Licensee to the extent it is based on a
third party claim that use by Licensee of the Licensed
Software as furnished hereunder, which use is in
accordance with the terms and conditions of this
Agreement, directly infringes or misappropriates any
patent, copyright, or trade secret. Selectron shall pay
any liabilities, costs, damages, and expenses (including
reasonable attorney’s fees) finally awarded against
Licensee in such action that are attributable to such
claim. Licensee agrees to promptly notify Selectron of
any known or suspected infringement or
misappropriation of Selectron’s proprietary rights of
which Licensee becomes aware. Should the Licensed
Software become, or be likely to become in Selectron’s
opinion, the subject of any claim of infringement,
Selectron may, at its option, in addition to its obligation
to indemnify, hold harmless and defend Licensee as
provided herein (a) procure for Licensee the right to
continue using the potentially infringing materials; (b)
replace or modify the potentially infringing materials to
make them non-infringing; or (c) terminate this
Agreement and provide Licensee with a refund equal to
the set-up fees paid by Licensee, less an amount equal to
the depreciated portion of such fees calculated on a five
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(5) year straight-line basis. This Section 9.1 states the
entire liability of Selectron and the exclusive remedy of
Licensee with respect to infringement of any third-party
intellectual property or other rights, whether under
theory of warranty, indemnity, or otherwise.
9.2 Infringement Indemnity
Obligations of Licensee. Selectron shall have no
liability for any claim based upon (a) the use, operation,
or combination of the Licensed Software with non-
Selectron programs, data, equipment, or
documentation if liability would have been avoided but
for such use, operation, or combination; (b) Licensee’s
or its agents’ or Employees’ activities after Selectron
has notified Licensee that Selectron believes such
activities may result in infringement; (c) any
modifications to or markings of the Licensed Software
that are not specifically authorized in writing by
Selectron; (d) any third party software; (e) any Licensee
Data; or (g) Licensee’s breach or alleged breach of this
Agreement. Licensee shall indemnify, defend, and hold
Selectron harmless for, from and against all liabilities,
costs, damages, and expenses (including reasonable
attorney’s fees) awarded against or incurred by
Selectron in such action(s) that are attributable to such
claim.
9.3 Security Related Indemnity
Obligations of Selectron. If an investigation
performed by a qualified third party forensic
investigator confirms that a Security Incident was caused
solely by an act or omission of Selectron, including any
security vulnerability in system components,
procedures, or environments owned or controlled by
Selectron, then Selectron shall defend, indemnify, and
hold harmless Licensee for, from and against all
liabilities, costs, damages, fines, penalties, and expenses
(including reasonable attorney’s fees) incurred by
Licensee as a result of such Security Incident, including
the reasonable costs of investigation and reasonable
costs of notification to affected individuals and providing
credit monitoring or other fraud prevention services, but
only to the extent such notification, credit monitoring, or
other fraud prevention services are required by
applicable laws, regulations, a court order or consent
decree, or the terms of a settlement and release of claims
arising from such Security Incident that Selectron has
consented to (collectively, “Losses”).
9.4 Security Related Indemnity
Obligations of Licensee. Selectron shall have no
liability or obligation to defend or indemnify Licensee
with respect to any Losses caused by a Security Incident
except to the extent the Security Incident was caused by
Selectron’s breach of this Agreement, including that
Selectron will not be liable for any Security Incident to
the extent caused by Licensee’s breach of Sections 8.8 or
8.9 or any Security Incident to the extent caused in
whole or in part by an act or omission of Licensee or any
of their affiliates, employees, directors, officers, agents,
or contractors (other than Selectron), including without
limitation any of the following acts or omissions: (a)
their loss of control of any device, (b) their failure to
maintain the confidentiality of log-in credentials, (c)
their transmission of data via methods that are not
secure, (d) their failure to maintain systems and
environments that are compatible with any Update, (e)
their violation of the applicable terms of this Agreement
or any applicable laws, regulations, or industry
standards, or (f) any vulnerability in their environment,
systems, hardware, software, or physical or
administrative security safeguards or procedures,
including without limitation any vulnerability in the file
transfer protocol maintained by Licensee pursuant to
Section 8.8.
9.5 Conditions for Indemnification. The
parties’ indemnification obligations hereunder shall
apply only if (a) the party to be indemnified (the
“indemnitee” notifies the party obligated to indemnify
them (the “indemnitor”) in writing of a claim promptly
upon learning of or receiving the same; and (b) the
indemnitee provides the indemnitor with reasonable
assistance requested by the indemnitor, at the
indemnitor’s expense, for the defense and settlement, if
applicable, of any claim. The indemnitee's failure to
perform any obligations or satisfy any conditions under
this Section 9.5 shall not relieve the indemnitor of its
obligations hereunder except to the extent that the
indemnitor can demonstrate that it has been materially
prejudiced as a result of such failure.
9.6 Control of Defense. After receipt of
notice of a claim, the indemnitor shall be entitled, if it so
elects, at its own cost, risk and expense (a) to take control
of the defense and investigation of such lawsuit or action;
and (ii) to employ and engage attorneys of its own choice
to handle and defend the same; provided, however, that
the indemnitee’s consent shall be required for any
settlement. If the indemnitor fails to assume the defense
of such claim within ten (10) business days after receipt
of notice of the claim, the indemnitee will (upon
delivering notice to such effect to the indemnitor) have
the right to undertake, at the indemnitor’s cost and
expense, the defense, compromise or settlement of such
claim on behalf of and for the account and risk of the
indemnitor; provided, however, that such claim shall not
be compromised or settled without the written consent
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of the indemnitor. The party that assumes control of the
defense of the claim will keep the other party reasonably
informed of the progress of any such defense,
compromise or settlement. Notwithstanding the
foregoing, the indemnitee shall be entitled to conduct its
own defense at the cost and expense of the indemnitor if
the indemnitee establishes that the conduct of its defense
by the indemnitor would reasonably be likely to
prejudice materially the indemnitee due to a conflict of
interest between the indemnitee and the indemnitor;
and provided further that in any event, the indemnitee
may participate in such defense at its own expense.
10.Limitation of Liability
10.1 Limited Remedy. EXCEPT AS
EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT
SHALL SELECTRON OR ITS SUPPLIERS OR LICENSORS
BE LIABLE FOR, OR BE OBLIGATED TO INDEMNIFY
LICENSEE FOR, ANY LOSS OF PROFITS, LOSS OF
BUSINESS, LOSS OF USE OR DATA, OR INTERRUPTION
OF BUSINESS, OR FOR INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES OF ANY KIND OR OTHER
ECONOMIC LOSS ARISING FROM OR RELATING TO THIS
AGREEMENT OR THE SUBJECT MATTER HEREOF, EVEN
IF SELECTRON HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, HOWEVER CAUSED.
10.2 Maximum Liability. Notwithstanding
anything in this Agreement to the contrary or the failure
of essential purpose of any limited remedy or limitation
of liability, Selectron’s entire liability arising from or
relating to this Agreement or the subject matter hereof,
under any legal theory (whether in contract, tort or
otherwise), shall not exceed $500,000 or the amount of
any insurance proceeds actually paid out in connection
with the applicable claim, whichever is greater. Licensee
acknowledges that the Service Fees reflect the allocation
of risk set forth in this Agreement and that Selectron
would not enter into this Agreement without the
limitations on liability set forth in this Agreement.
11.Term and Termination
11.1 Term. The term of this Agreement
shall commence on the Effective Date and shall expire
November 30, 2028 (the “Initial Term”), and shall
automatically renew for successive one (1) year periods
unless either party notifies the other of its intention not
to renew at least ninety (90) days before the end of the
then-current term (collectively, the “Term”). If Licensee
cancels prior to the end of the Initial Term, 50% fees for
the Initial Term of this agreement that are unpaid will
become immediately due.
11.2 Termination for Default. If either
party materially defaults in any of its obligations under
this Agreement, the non-defaulting party, at its option,
shall have the right to terminate this Agreement by
written notice to the other party unless, within sixty
(60) calendar days after written notice of such default,
the defaulting party remedies the default, or, in the case
of a default which cannot with due diligence be cured
within a period of sixty (60) calendar days, the
defaulting party institutes within the sixty (60) day-
period substantial steps necessary to remedy the default
and thereafter diligently prosecutes the same to
completion. Notwithstanding anything herein to the
contrary, in the event Licensee breaches the EULA or
Sections 2, 5 and/or 6 of this Agreement, Selectron may
immediately suspend the accounts/authorized users at
issue, and shall notify Licensee in writing of the same
within twenty-four hours. Upon notice, Licensee shall
have forty (40) days to cure the breach and the parties
shall meet and confer in good faith to resolve any issues.
Selectron shall resume services immediately upon
resolution of any such threats or compliance issues.
Selectron may immediately terminate this Agreement if
Licensee fails to cure breaches of the EULA or Section 2,
5 and/or 6 of this Agreement within forty (40) days of
written notice from Selectron.
11.3 Termination for Bankruptcy. Either
party may terminate this Agreement if the other party (a)
becomes insolvent; (b) fails to pay its debts or perform its
obligations in the ordinary course of business as they
mature; (c) is declared insolvent or admits its insolvency
or inability to pay its debts or perform its obligations as
they mature; or (d) becomes the subject of any voluntary
or involuntary proceeding in bankruptcy, liquidation,
dissolution, receivership, attachment, or composition, or
makes a general assignment for the benefit of creditors,
provided that, in the case of an involuntary proceeding,
the proceeding is not dismissed with prejudice within
sixty (60) days after the institution thereof.
11.4 Effect of Termination. Upon the
expiration or termination of this Agreement, all rights
and licenses granted to Licensee hereunder shall
immediately and automatically terminate. Within thirty
(30) days after any termination or expiration of this
Agreement, each party shall, at its sole expense, return to
the other party (or destroy, at the other party’s sole
election) all Licensed Software and Confidential
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Information of the other party (and all copies,
summaries, and extracts thereof) then in the possession
or under the control of the party and its current
employees. Each party shall furnish to the other party an
affidavit signed by an officer the party certifying that, to
the best of its knowledge, such delivery or destruction
has been fully effected. Termination of this Agreement by
either party shall not act as a waiver of any breach of this
Agreement and shall not act as a release of either party
from any liability for breach of such party’s obligations
under this Agreement. Neither party shall be liable to the
other for damages of any kind solely as a result of
terminating this Agreement in accordance with its terms.
Either party’s termination of this Agreement shall be
without prejudice to any other right or remedy that it
may have at law or in equity, and shall not relieve either
party of liability for breaches occurring prior to the
effective date of such termination. Any provisions that
would reasonably be expected by the parties to survive
termination of this Agreement shall survive such
termination, including without limitation the provisions
of the EULA and Sections 1 (“Definitions”), 2.2 (“Software
Restrictions”), 2.3 (“Data Restrictions”), 2.4 (“Rights in
Aggregate Data”), 4 (“Fees and Payment”) (with respect
to amounts accrued but as-yet unpaid), 5 (“Proprietary
Rights”), 6 (“Confidential Information”), 7
(“Representations and Warranties; Warranty
Disclaimer”), 8 (“Security”), 9 (“Indemnification”), 10
(“Limitation of Liability”), 11 (“Term and Termination”)
and 12 (“General Provisions”).
12.General Provisions
12.1 Notices. Any notice, request, demand
or other communication required or permitted
hereunder shall be in writing, shall reference this
Agreement, and shall be deemed to be properly given (on
the earliest of) (a) when delivered personally; (b) when
sent by facsimile, upon written confirmation of receipt;
or (c) three (3) days after having been sent by registered
or certified mail, return receipt requested, postage
prepaid. All notices shall be sent to the address set forth
on the signature page below (or to such other address as
may be designated by a party by giving written notice to
the other party pursuant to this Section 12.1).
12.2 Governing Law; Jurisdiction. This
Agreement shall be governed by and construed in
accordance with the laws of the State of California,
U.S.A., without reference to its conflicts of law
provisions. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to and
shall not be used to interpret this Agreement. Any
dispute regarding this Agreement must be brought in
the state or federal courts located in San Diego County,
U.S.A.
12.3 Construction. This Agreement has
been negotiated by the parties and their respective
counsel. This Agreement shall be interpreted fairly in
accordance with its terms and without any construction
in favor of or against either party.
12.4 Attorneys’ Fees. If any legal action is
brought relating to this Agreement or the Consultant
Services Agreement, or the breach hereof, the prevailing
party in any final judgment shall be entitled to the full
amount of all reasonable expenses, including all court
costs and reasonable attorney fees paid or incurred.
12.5 Injunctive Relief. In the event that
Licensee breaches any provision of the EULA or Sections
2, 5, or 6 of this Agreement, Licensee acknowledges and
agrees that there may be no adequate remedy at law to
compensate Selectron for such breach, that any such
breach may result in irreparable harm to Selectron that
would be difficult to measure; and, therefore, that upon
any such breach or credible threat thereof, Selectron
shall be entitled to seek injunctive and other
appropriate equitable relief (without the necessity of
proving actual damages or of posting a bond or other
security), in addition to whatever remedies Selectron
may have at law, in equity, under this Agreement, or
otherwise.
12.6 Waiver. The waiver by either party of
a breach of or a default under any provision of this
Agreement, shall be in writing and shall not be
construed as a waiver of any subsequent breach of or
default under the same or any other provision of this
Agreement, nor shall any delay or omission on the part
of either party to exercise or avail itself of any right or
remedy that it has or may have hereunder, operate as a
waiver of any right or remedy.
12.7 Severability. If the application of any
provision of this Agreement to any particular facts or
circumstances shall be held to be invalid or
unenforceable, then (a) the validity and enforceability of
such provision as applied to any other particular facts or
circumstances and the validity of other provisions of this
Agreement shall not in any way be affected or impaired
thereby, and (b) such provision shall be enforced to the
maximum extent possible so as to effect the intent of the
parties, and reformed without further action by the
parties, to the extent necessary to make such provision
valid and enforceable. Without limiting the generality of
the foregoing, Licensee agrees that Section 7.4 will
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remain in effect notwithstanding the unenforceability of
any other provision hereof.
12.8 Independent Contractor
Relationship. Selectron’s relationship with Licensee
will be that of independent contractor, and nothing
contained in this Agreement shall be deemed or
construed as creating a joint venture, partnership, or
employer-employee relationship. Licensee is not an
agent of Selectron and is not authorized to make any
representation, contract, or commitment on behalf of
Selectron, or to bind Selectron in any way. Selectron is
not an agent of Licensee and is not authorized to make
any representation, contract, or commitment on behalf
of Licensee, or to bind Licensee in any way. Selectron
will not be entitled to any of the benefits that Licensee
may make available to its employees, such as group
insurance, profit sharing, or retirement benefits.
12.9 Force Majeure. Neither party shall be
responsible or have any liability for any delay or failure
to perform to the extent due to unforeseen
circumstances or causes beyond its reasonable control,
including, without limitation, acts of God, earthquake,
fire, flood, embargoes, labor disputes and strikes, riots,
war, Internet or other network “brownouts” or failures,
power failures, , and acts of civil and military authorities;
provided that such party gives the other party prompt
written notice of the failure to perform and the reason
therefor and uses its reasonable efforts to limit the
resulting delay in its performance and to mitigate the
harm or damage caused by such delay.
12.10 Public Announcements. Licensee
may at its discretion cooperate with Selectron so that
Selectron may issue a press release concerning this
Agreement; provided, however, Selectron may not
release any such press release without the prior
approval of Licensee (which shall not be unreasonably
withheld, delayed, or conditioned). However, without
seeking prior approval in each instance, Selectron shall
have the right to use Licensee’s name as a customer
reference, and to use Licensee’s trade name on
Selectron’s customer lists.
12.11 U.S. Government Rights. (a) The Licensed
Software is a “commercial item,” as that term is defined at
48 C.F.R. 2.101, consisting of “commercial computer
software” and “commercial computer software
documentation,” as such terms are used in 48 C.F.R.
12.212 or 48 C.F.R. 227.7202, as applicable. Consistent
with 48 C.F.R. 12.212 and 48 C.F.R 227.72021 through
227.7202-4, the Licensed Software are licensed to any
U.S. Government End Users (i) only as a commercial item
and (ii) with only those rights as are granted to all other
end users pursuant to the terms and conditions herein.
Manufacturer is Selectron Technologies, Inc.,
12323 SW 66th Avenue, Portland, OR 97223, USA. This
Section, consistent with 48 C.F.R. § 12.212 and 48 C.F.R.
§ 227.7202 is in lieu of, and supersedes, any other
Federal Acquisition Regulation, Defense Federal
Acquisition Regulation Supplement, or other clause or
provision that addresses United States Government
rights in computer software, technical data, or computer
software documentation.
(b)The parties agree that, in the event that
Licensee is a governmental entity, all other state and local
governments within Licensee’s state may purchase a
license from Selectron to use the Licensed Software under
the same terms and conditions as set forth in this
Agreement by entering into a master services and hosting
agreement with the same terms and conditions as set
forth herein with Selectron.
12.12 Export Controls. The Licensed
Software is subject to the export control laws of the
United States and other countries. Licensee may not
export or re-export the Licensed Software, unless
Licensee has first obtained Selectron’s prior written
permission and the appropriate United States and
foreign government licenses, at Licensee’s sole expense.
Licensee must otherwise comply with, and contractually
require that all of its employees comply with, all
applicable export control laws and regulations in the use
of the Licensed Software. None of the Licensed Software
may be downloaded or otherwise exported or re-
exported (a) into any country for which the United
States has a trade embargo, or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Denied
Persons List. Licensee represents and warrants that it is
not located in, under the control of, or a national or
resident of any such country or on any such list. Licensee
shall defend, indemnify and hold Selectron and all
successors, assigns, affiliates, suppliers, and each of
their officers, directors, employees, and agents harmless
for, from, and against any and all claims, allegations,
damages, liabilities, and costs and expenses (including
without limitation attorneys’ fees and costs) arising out
of Licensee’s violation of such export control laws.
Licensee further agrees to comply with the United States
Foreign Corrupt Practices Act, as amended.
12.13 Captions and Section Headings. The
captions and Section and paragraph headings used in
this Agreement are inserted for convenience only and
shall not affect the meaning or interpretation of this
Agreement.
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12.14 Counterparts. This Agreement may be
signed in one or more counterparts, each of which will be
deemed to be an original copy of this Agreement, and,
when taken together, shall be deemed to constitute one
and the same agreement. Each party agrees that the
delivery of this Agreement by facsimile transmission or
by PDF attachment to an e-mail transmission will be
deemed to be an original of the Agreement so
transmitted and, at the request of either party, the other
party will confirm facsimile or e-mail transmitted
signatures by providing the original document.
12.15 Modification; Subsequent Terms. No
amendment or modification of any provision of this
Agreement shall be effective unless in writing and
signed by a duly authorized signatory of Selectron and
Licensee. To the extent that the terms and conditions of
the Exhibits hereto or Exhibits to subsequent
amendments or modifications of or to the Agreement
(“Subsequent Terms”) differ from those herein, those
Subsequent Terms shall control the interpretation and
any conflict resolution thereof. The terms on any
purchase order or similar document submitted by
Licensee to Selectron will not modify the terms and
conditions of this Agreement.
12.16 Entire Agreement; Amendment. This
Agreement, including the Exhibit(s) attached hereto,
constitutes the entire agreement between the parties
concerning the subject matter hereof, and
supersedes (a) all prior or contemporaneous
representations, discussions, proposals, negotiations,
conditions, agreements, and communications, whether
oral or written, between the parties relating to the
subject matter of this Agreement, and (b) all past
courses of dealing and industry custom.
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In Witness Whereof, the parties have caused this Agreement to be executed by duly authorized representatives of the
parties as of the Effective Date.
SELECTRON TECHNOLOGIES, INC. LICENSEE
By: ________________________________________ By: ____________________________________
Signature Signature
Name: Todd A. Johnston Name: Maria V. Kachadoorian
Title: President Title: City Manager
Date: Date:
Address: 12323 SW 66th Avenue
Portland, OR 97223
Address: 276 Fourth Avenue
Chula Vista, CA 91910
Approved as to form
By:________________________________
Jill D.S Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT A
Pricing
Future Service Fee Estimates (for Renewal Terms following the Initial Term of this Agreement):
Item Dates covered Amount Payment Due Date
Relay Permits 09/01/2021 – 08/31/2022 $9,575.00 Paid
Relay Permits 09/01/2022 – 08/31/2023 $10,050.00 Paid
Relay Permits 09/01/2023 – 08/31/2024 $10,550.00 August 15, 2023
Relay Permits 09/01/2024 – 08/31/2025 $11,085.00 August 15, 2024
Relay Permits 09/01/2025 – 08/31/2026 $11,640.00 August 15, 2025
Relay Permits 09/01/2026 – 08/31/2027 $12,220.00 August 15, 2026
Relay Permits 09/01/2027 – 08/31/2028 $12,585.00 August 15, 2027
Item Dates covered Amount Discount Total Payment Due Date
IVR Inbound Call Bundle
(18,000 calls/transfers) 09/01/2023 – 08/31/2024* $5,400.00 -$2,500.00 $2,900.00 August 15, 2023
IVR Inbound Call Bundle
(18,000 calls/transfers) 09/01/2024 – 08/31/2025 $5,400.00 -$2,500.00 $2,900.00 August 15, 2024
IVR Inbound Call Bundle
(18,000 calls/transfers) 09/01/2025 – 08/31/2026 $5,400.00 -$2,500.00 $2,900.00 August 15, 2025
IVR Inbound Call Bundle
(18,000 calls/transfers) 09/01/2026 – 08/31/2027 $5,400.00 -$2,500.00 $2,900.00 August 15, 2026
IVR Inbound Call Bundle
(18,000 calls/transfers) 09/01/2027 – 08/31/2028 $5,400.00 -$2,500.00 $2,900.00 August 15, 2027
* The IVR Call Bundle’s Service Date for Year 1 starts upon delivery of the Hosted IVR for User Acceptance Testing so Year 1 will
be pro-rated if UAT Delivery occurs before or after 9/1/2023.
Item Dates covered Amount Payment Due Date
Outbound Bundle (50,000 Messages) 09/01/2021 – 08/31/2022 $10,000.00 Paid
Outbound Bundle (50,000 Messages) 09/01/2022 – 08/31/2023 $10,000.00 Paid
Outbound Bundle (50,000 Messages) 09/01/2023 – 08/31/2024 $10,000.00 August 15, 2023
Outbound Bundle (50,000 Messages) 09/01/2024 – 08/31/2025 $10,000.00 August 15, 2024
Outbound Bundle (50,000 Messages) 09/01/2025 – 08/31/2026 $10,000.00 August 15, 2025
Outbound Bundle (50,000 Messages) 09/01/2026 – 08/31/2027 $10,000.00 August 15, 2026
Outbound Bundle (50,000 Messages) 09/01/2027 – 08/31/2028 $10,000.00 August 15, 2027
Item Dates covered Amount Payment Due Date
Atlas Insight (10 Licenses) 12/01/2021 – 11/30/2022 $15,300.00 Paid
Atlas Insight (10 Licenses) 12/01/2022 – 11/30/2023 $15,300.00 November 15, 2022
Atlas Insight (10 Licenses) 12/01/2023 – 11/30/2024 $15,300.00 November 15, 2023
Atlas Insight (10 Licenses) 12/01/2024 – 11/30/2025 $15,300.00 November 15, 2024
Atlas Insight (10 Licenses) 12/01/2025 – 11/30/2026 $15,300.00 November 15, 2025
Atlas Insight (10 Licenses) 12/01/2026 – 11/30/2027 $15,300.00 November 15, 2026
Atlas Insight (10 Licenses) 12/01/2027– 11/30/2028 $15,300.00 November 15, 2027
Notes:
The future service fee estimates do not include increases to reflect additional functionality purchased.
IVR Services are provided by the Call. A Call is defined as a successful completed connection. A Call can be up to 4
minutes in length, with each additional 4-minute period counted as an additional Call. Actions such as transfer that
result in multiple connected circuits are counted on the per circuit basis and are measured for the duration of the
connection including the time after a transfer occurs.
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Outbound messages are purchased in annual message bundles. Messages, as defined by the agreement, that are not
used rollover to the next qualifying renewal. The rollover messages from one period may only be used to offset
overages in the next immediate period. If there are no overages from one period, the rollover messages from the
prior period expire. A qualifying renewal is one that is equal to or greater than the previous period. If customer
chooses to reduce their annual plan renewal, rollover messages do not apply.
Products and Licenses for which Company will Provide Support
Managed Relay Permit Pack Interactive Voice Response Solution (4-Port)
Includes the Following Functionality:
Base
Schedule Inspections Speak Site Address
Cancel Inspections Permit-Based Messaging
Obtain Inspection Results Relay Portal for Administration & Reports
Post Inspection Results
Add-Ons
Spanish Language
Spanish Translation & Professional Voice Recording for Base IVR Prompts
English Professional Voice Recording for Base IVR Prompts
English Professional Voice Recording for Street Words (Up to 3,000 words)
Managed Relay Outbound
Includes the Following Outbound Notifications:
1. Automatic Results Notifications
2. Expired Permit Notifications
3. Inspection Time Notifications
4. Permit Status Change Notifications (Ready to Issue Status)
5. Permit Application (Plan Check) Expiration Notification
6. Correction Letter Sent
Managed Atlas Insight (formerly Field Portal)
Includes up to 10 User Licenses
Includes the Following Functionality:
Atlas Insight
Assignment Manager
Base Location Services
Review Center
Customization: Inspector Initials
Hosting Services
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EXHIBIT B
Maintenance and Technical Support
This Exhibit describes the software maintenance and support services that Selectron shall provide for Licensee.
I. Definitions
Unless defined otherwise herein, capitalized terms used in this Exhibit shall have the same meaning as set forth in
the Agreement.
A. “Error” means any failure of the Licensed Software to conform in any material respect with
the Documentation.
B. “Error Correction” means either a bug fix, patch, or other modification or addition that
brings the Licensed Software into material conformity with the Documentation .“Priority A Error” means
an Error that renders Licensed Software inoperative or causes a complete failure of the Licensed Software,
as applicable.
C. “Priority B Error” means an Error that substantially degrades the performance of Licensed
Software, as applicable, or materially restricts Licensee’s use of the Licensed Software, as applicable.
D. “Priority C Error” means an Error that causes only a minor impact on Licensee’s use of
Licensed Software, as applicable.
II. Error Reporting and Resolution
A. Error Reporting. Selectron shall provide Licensee with telephone customer support twenty-four
(24) hours per day, seven (7) days per week for the reporting of Priority A Errors, and telephone support during
Selectron’s normal business hours for the reporting of Priority B and Priority C Errors, in each event excluding
Selectron holidays.
B. Licensed Software Error Resolution. Selectron shall use commercially reasonable efforts to: (a)
notify applicable Vendors of all Licensed Software Errors properly reported by Licensee in accordance with
Section II(A) of this Exhibit B; (b) make available to Licensee any Error Corrections that are made available by such
Vendor(s) to Selectron promptly after such Error Corrections are delivered to Selectron; and (c) update Licensee
with respect to the progress of the resolution of all Licensed Software Errors.
C. Error Resolution. Licensee shall report all Errors in the Licensed Software to Selectron in
sufficient detail, with sufficient explanation of the circumstances under which the Error occurred or is
occurring, and shall reasonably classify the Error as a Priority A, B, or C Error. Selectron shall use commercially
reasonable efforts to correct any Error in the Licensed Software reported by Licensee, in accordance with the
priority level actually assigned by Selectron to such Error, as follows :
1. Priority A Errors. In the event of a Priority A Error, Selectron shall, within two (2) hours
of receiving Licensee’s report, commence verification of the Error. Upon verification, Selectron shall use
commercially reasonable efforts to resolve the Error with an Error Correction. Selectron shall use commercially
reasonable efforts to provide a workaround for the Error within twenty-four (24) hours of receiving Licensee’s
report of such Error, and an Error Correction within forty-eight (48) hours of receiving Licensee’s report.
Selectron shall provide Licensee with periodic reports (no less frequently than once every eight (8) hours) on the
status of the Error Correction.
2. Priority B Errors. In the event of a Priority B Error, Selectron shall, within six (6) hours
of receiving Licensee’s report, commence verification of the Error. Upon verification, Selectron shall use
commercially reasonable efforts to resolve the Error with an Error Correction. Selectron shall use commercially
reasonable efforts to provide a workaround for the Error within forty-eight (48) hours of receiving Licensee’s
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report of such Error, and an Error Correction within six (6) business days of receiving Licensee’s report. Selectron
shall provide Licensee with periodic reports (no less frequently than once every twelve (12) hours) on the status
of the Error Correction.
3. Priority C Errors. In the event of a Priority C Error, Selectron shall, within two (2)
business days of receiving Licensee’s report, commence verification of the Error. Upon verification, Selectron
shall use commercially reasonable efforts to resolve the Error with an Error Correction. Selectron shall use
commercially reasonable efforts to provide a workaround for the Error within six (6) business days of receiving
Licensee’s report of such Error, and an Error Correction within three (3) weeks of receiving Licensee’s report.
Selectron shall provide Licensee with periodic reports on the status of the Error Correction.
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EXHIBIT C
Statement of Work
City of Chula Vista, CA
Relay
PERMIT PACK
1. Overview .................................................................................................... 19
1.1. Revision History .............................................................................................................. 19
2. Functionality ............................................................................................... 20
2.1. The Relay Platform .......................................................................................................... 20
2.2. Permits Pack .................................................................................................................... 20
2.3. Relay Outbound .............................................................................................................. 21
2.4. Languages ........................................................................................................................ 23
3. System Integration ..................................................................................... 23
3.1. Application Database Interfaces ..................................................................................... 23
4. Deployment Model ..................................................................................... 24
4.1. Hosted IVR Access ........................................................................................................... 24
5. Administrative Tasks................................................................................... 24
5.1. Run System Reports ........................................................................................................ 24
5.2. Schedule Outbound Campaigns ...................................................................................... 25
6. Responsibilities ........................................................................................... 25
6.1. Selectron Technologies, Inc ........................................................................................... 25
6.2. Chula Vista, CA ................................................................................................................ 27
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1. Overview
This Statement of Work (SOW) outlines the services provided by Selectron Technologies, Inc.
(Selectron) to the City of Chula Vista, CA (Chula Vista or Customer). The features,
functionality, and services are provided through Selectron Technologies’ Relay
communication platform (Relay).
1.1. Revision History
Version # Details Date
1.0 Initial Release 11/8/2022
2.1 Move IVR to Hosted 2/17/2023
2. Functionality
This section details the functionality of each application included in Relay. All functions and
features are dependent upon the accessibility of Chula Vista’s Accela Civic Platform
application database to provide the given data to Relay.
2.1. The Relay Platform
The Customer’s solution is powered by Selectron’s Relay platform. Relay is a
multichannel, multi-department platform that is designed to connect
Customers and government agencies and utilities. The Relay platform uses a
number of different application packs specific to the market being serviced. In
addition to each application pack the Relay channels include: interactive voice
response (IVR), web, mobile, outbound, call center agent assist, and interactive
texting capabilities all in a single platform.
The following sections detail the functionality that will be implemented for the
Customer. Additional channels, applications, and integrations that are not
specified in this SOW are not included, but may be able to be added to the
system under a supplemental statement of work.
2.1.1. Application Packs and Channels
The Customer’s solution includes the following application pack and channels:
Application packs:
o Permits Pack
Channels:
o IVR
o Outbound
2.2. Permits Pack
The Customer’s solution will be configured with the Relay Permits Pack. The
Permits Pack offers community development agencies the ability to provide their
citizens and contractors with a central point of access for permit and inspection
information and services. Through available Relay channels, citizens and
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contractors using a permit number can communicate with the department 7/24
& 365 days. Callers will be able to enter a permit number and perform a variety
of actions.
All permit, inspection, and/or code information is made available through an API
to the Customer’s application database. For any of the features detailed below to
function as described, data must be available in this database to be presented to
users.
2.2.1. IVR Channel
The IVR Channel for the Permits Pack provides callers with an Interactive Voice
Response (IVR) system for accessing and posting permit information. The IVR
offers functionality in the form of a Contractor Menu and an Inspector Menu.
Contractor Menu
o Access inspection results
o Permit-based messaging
o Schedule/reschedule inspections
o Cancel inspections
o Hear site address for the permit
o Hear current permit fees owed
o Hear inspection results
o Leave Message for Inspector
Inspector Menu
o Post inspection results
o Leave Message for contractor
o Post correction codes
Using the Contractor Menu, a contractor can enter a permit number to access permit
information and functions. Upon entering a valid permit number, the user can
schedule, reschedule, and/or cancel inspections. After an inspection has been
scheduled/ rescheduled/canceled, the caller will receive a confirmation number.
Additionally, contractors can use the IVR to access inspection results, including any
associated correction codes and descriptions. Finally, the contractor can access
messages left for them by an inspector, or leave a message for an inspector.
Using the Inspector Menu, accessible via a hidden main menu option, an inspector can
enter a permit number to post inspection results via the IVR. When posting results,
the caller will need to enter a valid Inspector PIN number (or some other validation
number to be determined during implementation). The PIN can be determined by the
Customer but must be validated by the application database. When posting results,
inspectors can add correction codes and leave a message for the contractor.
If desired, callers can be given the option to transfer to an agent. If a caller requests
a transfer, the Relay IVR performs a transfer to a number specified by the Customer.
All permit, inspection, and/or code information is made available through an API to
the Customer’s application database. For any of the features detailed below to
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function as described, data must be available in this database to be presented to
users.
2.3. Relay Outbound
Relay Outbound provides the Customer’s staff with a multi-channel outbound
communication platform capable of sending voice, SMS, and email messages to
citizens. Messages can be configured to include dynamic account data designed to be
sent to specific recipients, or can be designed as ‘general information’ messages
without Customer-specific data. These outbound messages can be designed and
configured by staff using the Relay Portal. Customer-configured voice messages will be
spoken to message recipients using text-to-speech.
In addition to the above Customer-configured messages, Selectron will design six message
templates during the implementation process. These Selectron-created templates will use
professional voice recording for voice messages as opposed to text-to-speech. This project
includes six Selectron-built templates for notification as described in the following two
sections.
2.3.1. Automatic Results Notification
During the inspection scheduling process, the permit holder may request to be contacted
when results have been posted by the inspector. After selecting this option, the permit
holder is prompted to enter their telephone number.
After inspectors have posted the results of an inspection, permit holders that have
opted in are contacted with the notification. The Automatic Results Notification
provides the following information: the permit number, inspection type, inspection
result, and the date of inspection. If the call is answered by voice mail, a generic
message is played stating that a result was posted to the inspection, but the actual
result is not played.
2.3.2. Expired Permits Notification
The Expired Permits Notification contacts permit holders about their expiring and expired
permits. It includes the following information: the permit number and the expiration, or
expired, date. The date and time of notification delivery, relative to the expiration date,
can be configured during the implementation process to fit the Customer’s business rules.
2.3.3. Inspection Schedule Notification
During the inspection scheduling process, the permit holder may request to be
contacted when the inspection has been scheduled. After selecting this option, the
permit holder is prompted to enter their telephone number.
After the inspection has been scheduled and the inspector has updated the permitting
database with the inspection time, permit holders are contacted. The Inspection Schedule
Notification includes the following data: the permit number, inspection type, inspection
date, and inspection time, if available..
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2.3.4. Permit Application Expiration Notification
When the permit is close to expiration, Outbound will notify the contractor of the
expiration date, permit number, and associated address. Additionally, the contractor will
receive instructions on how to file for an extension.
2.3.5. Ready to Issue Notification
When the permit is ready to issue, Outbound will contact the contractor with this
notification, which reports that their permit has moved to the next step in the
approval process. Further instructions will be issued by email to pay and pull the
permit.
2.3.6. Corrections Letter Sent Notification
Once the review for a permit has been completed, corrections may be
needed. This notification informs contractors that further corrections are
required and that the details will be emailed within two days.
2.3.7. Static Notifications
Chula Vista will be able to send Customer-defined static notifications to citizens via
phone, email, or SMS text. Chula Vista is responsible for defining and configuring
these notifications, which can be done via the Relay Portal. Training for configuring
and recording static notifications will be provided at the end of the implementation
process.
2.4. Languages
The Customer’s Relay application will be configured to support English and the following
other language(s):
Spanish
The additional language module(s) enables the solution to support non-English-language
users. Additionally, all dates, numbers, ordinals, currencies, and letters are translated (and
voice-recorded) to the proper language.
The professionally-recorded prompts use a vocabulary and dialect predetermined by
Selectron. Additions and changes to the prompts to account for regional differences are
subject to time and materials billing.
The Customer will be able to define a transfer destination for each language available on
the IVR.
3. System Integration
Depending on the implemented features, Relay requires varying levels of integration with
other Chula Vista components. These are described in the following sections.
3.1. Application Database Interfaces
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It is anticipated that Selectron will be integrating with Chula Vista’s Accela Civic
Platform application database. All data-based interactivity on the solution is
reliant upon data being available via the application vendor APIs.
During the implementation phase, if data elements are identified as necessary
but are not available via the included APIs, the project will be impacted. This
may affect the implementation timeframe and will result in additional
professional services fees.
4. Deployment Model
This implementation of Relay will be deployed in Selectron’s Relay Managed Services
environment.
Relay Managed Services is a hosted application environment, located in Selectron’s local
hosting facility. Selectron’s hosting facility is a co-located data center featuring keyed entry
and individual server locks for security. With a Managed Services solution, Selectron owns all
hardware and is responsible for security, ongoing maintenance, and proactive support.
4.1. Hosted IVR Access
For optimal user experience and telecom usage, it is recommended that callers
access the hosted IVR by dialing directly into the hosted solution using a local 10-
digit number, which Selectron will provide. If the Customer elects to have calls
routed through their phone system first before connecting to the IVR, two
customer telecom channels may be tied up during the duration of the entire call,
and callers may experience a decrease in call quality.
5. Administrative Tasks
This section details administrative tasks that can be performed in order to manage Relay. All
system administration for Relay is handled through the Relay Portal web application. An
administrator from Chula Vista will be provided with user credentials for the Relay Portal
application during the implementation process. Additional users can be created by the
administrator as needed. Permissions can be assigned on a per-user basis; permissions govern
the functionality available to a given user.
The Relay Portal provides Chula Vista administrators with a single platform for viewing system
usage and health, running reports, and configuring various system settings. The Relay Portal is
supported on Chrome, Firefox, Microsoft Edge, and Safari.
5.1. Run System Reports
Chula Vista administrators will be able to run system reports via the Relay
Portal. Reports that can be run by the administrator include:
Call Statistics
Call Activity
Call Detail
Outbound Statistics
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5.2. Schedule Outbound Campaigns
Using the Relay Portal, administrators can create, edit, and review outbound
campaigns made using Relay Outbound. Each instance of an outbound campaign
must be scheduled individually. This includes selecting the type of notification, the
date/time of delivery, and (for static notifications) the configuration of the
message.
The administrator will also need to upload a contact list in .csv format for the
notification. The exact formatting of the .csv file will vary depending on the
notification being scheduled. Selectron will provide Chula Vista with example .csv
files for the configured notifications included in this project, as well as assistance
in generating the outbound call list.
6. Responsibilities
6.1. Selectron Technologies, Inc.
This section outlines Selectron Technologies’ responsibilities regarding service
initiation and operation.
6.1.1. Provide Project Management
Selectron Technologies assigns a Project Manager to the service
implementation. The Project Manager is the Customer’s primary contact at
Selectron Technologies and coordinates all necessary communication and
resources.
6.1.2. Provide Documentation
The Project Manager provides the Customer with the following documents to
help facilitate the service implementation process:
Implementation Questionnaire- gathers critical information
needed to setup and initiate the service. This includes
information on the call volume, and APIs.
Remote Access Questionnaire- details information needed by
Selectron Technologies to remotely access the Customer’s network
and application database, prior to system initiation, to allow for
complete system testing.
Implementation Timetable- details project schedule and all
project milestones.
Quality Assurance Test Plan- assists the Customer in determining
that the interactive solution is functioning as specified in the
Contract.
Service Acceptance Sign-off Form- indicates that the Customer has
verified service functionality.
6.1.3. Develop Channel Design
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The Project Manager works with the Customer to develop and complete the
following portions of channel design:
IVR call flow design
Outbound messaging configuration
Software development cannot begin until these design elements are completed and
approved by the Customer.
6.1.4. Perform Quality Assurance Testing
Selectron Technologies thoroughly tests all applications and integration points prior to
initiation, ensuring system functionality. This includes data read from and written to the
application database and the general ability for a customer to successfully access live data
and complete a transaction.
6.1.5. Provide Installation and Administrative Training
Selectron will provide remote training for Chula Vista’s Relay Solution.
6.1.6. Provide Marketing Materials
Selectron Technologies provides marketing collateral that the Customer can use to
promote the interactive solution to citizens. Marketing collateral includes a poster, tri-
fold brochure, and business card; standard templates for each item are used. Collateral is
provided to the Customer in PDF format (original Adobe InDesign files are provided upon
request).
Marketing collateral will be provided for each department included in this project.
Selectron Technologies’ Project Manager will assist in gathering the correct information
to be displayed on the marketing collateral. Information displayed includes the following:
IVR phone number(s)
Department logo (preferably in EPS format)
Department address
A description of functionality
Additional contact/informational phone numbers
Samples: where to find account/ permit/ case numbers, etc.
Any changes to the collateral that do not include the items listed above (e.g., design
changes to the template) are billed on a time and materials basis. Any changes to the
marketing materials after final delivery are also billed on a time and materials basis.
6.1.7. Interface Upgrades
After service initiation, Chula Vista’s Accela Civic Platform database application may
release new updates to their application or its interface. Upgrading the Relay interface to
be compatible with any Chula Vista application database (or other application database
software) may require professional services outside the scope of this service.
6.2. Chula Vista, CA
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This section outlines the Customer’s service implementation and maintenance
requirements and responsibilities.
6.2.1. Return Questionnaires and Information
Selectron Technologies’ Project Manager provides Chula Vista with an implementation
questionnaire. The implementation questionnaire must be returned prior to
developing the call flow design and the implementation timetable.
6.2.2. Provide Customer Specific Information
The following information should be supplied to Selectron Technologies, in conjunction
with the Implementation Questionnaire, to help create a precisely integrated product.
For further clarification on the format and detail of the following data, refer to the
Implementation Questionnaire or contact your Selectron Technologies’ Project
Manager.
Street names
Observed holidays
Extensions used for transfer functions
Permit status codes and types
Inspection types and descriptions
Validations used for scheduling an inspection
Correction codes and descriptions
Permit numbering scheme
6.2.3. Approve Channel Configuration
The Customer is responsible for approving the application design developed
by Selectron Technologies’ Project Manager. This includes reviewing:
Call flow for the IVR solution
Outbound messaging format
Once the channel design(s) have been approved, software development begins.
6.2.4. Provide Remote Network Access to Application Database(s)
In order to fully test the interactive solution, Selectron Technologies requires access
to Chula Vista’s application database(s) prior to installation. The Customer will help
facilitate communication between Selectron and the database vendor.
6.2.5. Provide System Access
Selectron Technologies requires access to the Customer’s network and database/
system. Changing or deleting access accounts could lead to disruption in service for the
interactive solution and/or Selectron Technologies’ ability to provide timely support.
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Please notify Selectron Technologies immediately if the accounts for the Application
Database or network are modified. Chula Vista is responsible for providing Selectron with
appropriate application database network access as defined in the System Integration
section.
6.2.6. Confirm Service Functionality
Chula Vista, CA has 30 calendar days after service initiation to verify the functionality of the
interactive solutions. Within the 30-day system acceptance period the Customer should test
system functionality using the provided Quality Assurance Test Plan. Additionally, the System
Acceptance Sign-off form must be sent to Selectron Technologies’ Project Manager within
this period.
6.2.7. Contact Customer Support
Anytime the Customer requests a significant change to their Selectron interactive solution,
an authorized contact from the agency must provide acknowledgment to Selectron’s
Customer Support Department. A significant change is a modification that will A) change
system behavior, B) allow users to change the system, or C) allow access to protected data.
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Statement of Work
Chula Vista, CA
Mobile
Atlas Insight
1. Overview ...................................................................................................... 2
1.1. Revision History ................................................................................................................ 2
2. Functionality ................................................................................................. 3
2.1. Atlas Insight ...................................................................................................................... 3
3. System Integration ........................................................................................ 5
3.1. Application Database Interfaces ....................................................................................... 5
4. Deployment Model ....................................................................................... 5
5. Administrative Tasks ..................................................................................... 6
5.1. Atlas Insight ...................................................................................................................... 6
6. Responsibilities ............................................................................................. 7
6.1. Selectron Technologies, Inc .............................................................................................. 7
6.2. Chula Vista, CA ................................................................................................................... 8
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1. Overview
This Statement of Work (SOW) outlines the services provided by Selectron Technologies, Inc.
(Selectron) to Chula Vista, CA (Chula Vista or Customer). The features, functionality, and services
are provided through Selectron Technologies’ Atlas solution.
1.1. Revision History
Version # Details Date
1.0 Initial Release 11/9/2022
2. Functionality
This section details the functionality of Selectron’s Atlas products. All functions and features are
dependent upon the accessibility of Chula Vista’s Accela Civic Platform application database to
provide the given data to Selectron.
2.1. Atlas Insight
Atlas Insight is a web-based location services and assignment management tool
designed for supervisors and managers in the back office. With Atlas Insight, you can
manage workforce efficiency, make instant assignment changes, and review work done
in the field.
The following sections detail the functionality that will be implemented for Chula Vista.
Additional features and integrations that are not specified in this SOW are not included,
but may be able to be added to the system under a supplemental statement of work.
Please get in touch with your Selectron representative for more details about
additional functionality.
2.1.1. Licensing
Chula Vista’s solution is licensed for:
10 Atlas Insight inspector licenses
2.1.2. Features
Atlas Insight is split into several views, each providing specific workforce
efficiency features. These pages are described below.
All inspection/permit information is made available through an API to the Accela Civic
Platform application database. For any of the features detailed below to function as
described, data must be available in this database to be presented to users.
2.1.2.1. Assign Page
The Assign page is used for workload management, allowing users to assign,
reassign, and unassign inspections; and auto-assign inspections based on skill sets,
areas, or other parameters. Assignment parameters, inspection and inspector data,
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and other assign center details will be determined during the implementation
process.
2.1.2.2. Review Page
The Review page provides real-time reporting through several tabbed tables with inspector and
inspection data. All data can be filtered by a date range and sorted through column headers. Users can
view the following information via this center:
Results
Attachments
Notices
Exceptions (conditional only if they purchase Inspections)
2.1.2.3. Manage Page
The Manage page is where administrators can configure the Atlas Insight application and
create, edit, and delete new users. Atlas Insight features user-based permissions, allowing
Chula Vista administrators to define access to the various Atlas Insight features at the user
level. Selectron will work with the Customer during the implementation process to create
administrative users. Administrators will be trained on creating and configuring additional
users and managing permissions.
Additionally, the Manage Center allows administrators to configure Atlas Insight.
2.1.3. Custom Features
The following features are included in this project and are considered to be custom
application features designed specifically for use by Chula Vista.
2.1.3.1. Time Stamp
Allows inspectors to include the time of inspection on Insight while inputting inspection
details.
2.1.3.2. Inspector’s Initials Column
Provides a space for the initials of the assigned inspector to appear in Insight under the
“Assign” tab.
2.1.3.3. Auto Assign Rule
Allows staff to assign inspections in insight automatically by using the inspector’s
initials.
3. System Integration
Depending on the implemented features, the Atlas applications require varying levels of integration
with other Chula Vista components. These are described in the following sections.
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3.1. Application Database Interfaces
It is anticipated that Selectron will be integrating with Chula Vista’s Accela Civic Platform
application database. All data-based interactivity on the solution relies upon data being
available via the application vendor APIs.
During the implementation phase, if data elements are identified as necessary but are
not available via the included APIs, the project will be impacted. This may affect the
implementation timeframe and will result in additional professional services fees.
Atlas Insight
4. Deployment Model
This implementation of Atlas Insight will be deployed in Selectron’s single-tenant hosted
environment. Selectron’s hosting facility is a co-located data center featuring keyed entry and
individual server locks for security. With a hosted solution, Selectron owns all hardware and is
responsible for security, ongoing maintenance, and proactive support. As such, Selectron will
be providing the necessary hardware and software.
Selectron will work with Chula Vista to build a secure VPN tunnel for real-time read/write
functionality between the hosted Atlas Insight server and the application database. Secure
connection options may include client-level TLS or a persistent IPSec VPN. Each option requires
specific ports to be opened for communication. Depending on the application database integration,
these ports vary.
The mobile server stores inspection results and then transfers inspection information to the
permitting database. Communication between the field application and the server occurs whenever
the device is connected to the internet.
SQL
Selectron can provide SQL or Chula Vista can provide an existing instance of Microsoft SQL
Express or SQL Server 2012 (or newer).
Browsers
Atlas Insight supports the most recent versions of major browser applications; primarily
Chrome and Internet Explorer. When using Internet Explorer, “Compatibility Mode” is not
supported.
Geographic Information System
ESRI 9.3+ (and others supported by Leaflet)
5. Administrative Tasks
This section details administrative tasks that can be performed to manage the Mobile applications.
5.1. Atlas Insight
All system administration for Atlas Insight is handled through the Manage page. An
administrator from Chula Vista will be provided with user credentials for Atlas Insight
application during the implementation process. Additional users can be created by
the administrator as needed. Permissions can be assigned on a per-user basis;
permissions govern the functionality available to a given user.
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5.1.1. Manage Atlas Insight User Profiles
Using the Manage Center, administrators can create, edit, delete and manage user
accounts for each inspector. Each inspector will be assigned a user ID, assignment
configuration, and permissions. The administrator can also assign a specific supervisor
to each inspector.
5.1.2. Group Management
Administrators can manage the composition of assigned groups through the Group
Management tab. New groups can be created, edited, and deleted. Group members can
also be assigned and reassigned to new groups.
5.1.3. Configure Atlas Insight
Administrators can manage configurations and settings, including automatic assignment
for areas, skill sets, and other parameters, and the cap on the total number of
inspections allowed for one inspector in a day.
5.1.3.1. Manage Auto-assign Rules
If using Atlas Insight for automatic inspection assignment, Chula
Vista administrators can manage the rules the Atlas Insight system
uses to automatically assign inspections.
5.1.3.2. Inspector Soft Cap (most inspections allowed before warning)
The soft cap determines the maximum number of inspections that will
automatically be assigned to inspectors when using Auto Assign. Inspectors can
be manually assigned more inspections above their soft cap, if needed.
Administrators can change the global default soft cap, as well as set a different
soft cap for each inspector if desired.
5.1.3.3. Administrator Contact Details
A link on the login page is provided for users who have forgotten their
password. The link generates a popup with administrator contact details for the
user. Administrators can configure the content of this popup.
6. Responsibilities
6.1. Selectron Technologies, Inc.
This section outlines Selectron Technologies’ responsibilities regarding service initiation
and operation.
6.1.1. Provide Project Management
Selectron Technologies assigns a Project Manager to the service implementation. The
Project Manager is the Customer’s primary contact at Selectron Technologies and
coordinates all necessary communication and resources.
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6.1.2. Provide Documentation
The Project Manager provides the Customer with the following documents to
help facilitate the service implementation process:
Configuration Questionnaire- gathers critical information needed to
setup and initiate the service.
Remote Access Questionnaire- details information needed by Selectron
Technologies to remotely access the Customer’s network and application
database, prior to system initiation, to allow for complete system testing.
Architecture Diagram- defines server resources and network traffic for
the solution.
Implementation Timetable- details project schedule and all
project milestones.
Design Documentation- captures layout and data specifications to
develop the application.
Quality Assurance Test Plan- assists the Customer in determining that the
interactive solution is functioning as specified in the Contract.
Service Acceptance Sign-off Form- indicates that the Customer has verified
service functionality.
6.1.3. Perform Quality Assurance Testing
Selectron Technologies thoroughly tests all applications and integration points prior to
initiation, ensuring system functionality. This includes data read from and written to the
application database and the general ability for a customer to successfully access live
data and complete a transaction.
6.1.4. Provide Installation and Administrative Training
For managed solutions, all installation is handled by Selectron technical staff at our
remote hosting facility. Administrative and other staff training will be provided
remotely.
6.1.5. Interface Upgrades
After service initiation, Chula Vista’s Accela Civic Platform database application may
release new updates to their application or its interface. Upgrading Atlas Insight
interface to be compatible with any Chula Vista application database (or other
application database software) may require professional services outside the scope of
this service.
6.2. Chula Vista, CA
This section outlines the Customer’s service implementation and maintenance
requirements and responsibilities.
6.2.1. Return Questionnaires and Information
Selectron Technologies’ Project Manager provides Chula Vista with a configuration
worksheet. The configuration worksheet must be returned prior to developing the
implementation timetable.
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6.2.2. Provide Remote Network Access to Application Database(s)
In order to fully test the interactive solution, Selectron Technologies requires access to
Chula Vista’s application database(s) prior to installation. Selectron Technologies’
Project Manager provides a Remote Access Questionnaire to help Chula Vista identify
the necessary requirements. The Customer will help facilitate communication between
Selectron and the database vendor.
6.2.3. Provide System Access
Selectron Technologies requires access to the Customer’s network and database/
system. Changing or deleting access accounts could lead to disruption in service for
the interactive solution and/or Selectron Technologies’ ability to provide timely
support. Please notify Selectron Technologies immediately if the accounts for the
Application Database or network are modified. Chula Vista is responsible for providing
Selectron with appropriate application database and network access as defined in the
System Integration section.
6.2.4. Confirm Service Functionality
Chula Vista, CA has 30 calendar days after service initiation to verify the functionality
of the interactive solutions. Within the 30-day system acceptance period the Customer
should test system functionality using the provided Quality Assurance Test Plan.
Additionally, the System Acceptance Sign-off form must be sent to Selectron
Technologies’ Project Manager within this period.
6.2.5. Contact Customer Support
Anytime the Customer requests a significant change to their Selectron interactive
solution, an authorized contact from the agency must provide acknowledgement to
Selectron’s Customer Support Department. A significant change is a modification that
will A) change system behavior, B) allow users to change the system, or C) allow access
to protected data.
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EXHIBIT D
SELECTRON TECHNOLOGIES, INC.
END USER LICENSE AGREEMENT
This End User License Agreement (this “EULA”) is part of a Master Services and Hosting Agreement (the “Master
Agreement”) between Selectron Technologies, Inc., an Oregon corporation (“Selectron”, “we”, “our”, or “us”) and the person or
entity identified in the Master Agreement as the Licensee purchasing Services from us (“Licensee”). This EULA governs use by Licensee
and all natural persons to whom Licensee provides access to the Licensed Software (each, an “Authorized User”). In this EULA, unless
the context clearly indicates otherwise, all references to “you,” or “your” means both the Licensee and the Authorized User. All
capitalized terms used but not defined in this EULA have the meanings given to them in the Master Agreement.
SELECTRON PROVIDES THE LICENSED SOFTWARE SOLELY ON THE TERMS AND CONDITIONS SET FORTH IN THIS EULA AND
ON THE CONDITION THAT YOU ACCEPT AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, SELECTRON
WILL NOT AND DOES NOT LICENSE THE LICENSED SOFTWARE TO YOU, AND YOU MUST NOT USE OR ACCESS THE SOFTWARE.
1. License Grant. Subject to your strict compliance with this EULA, Selectron hereby grants you a non-
exclusive, non-transferable, non-sublicensable, limited license to use the Licensed Software solely in accordance with the
Documentation, the Master Agreement, and this EULA, for Licensee's internal business purposes. The foregoing license will
terminate immediately on the earlier to occur of:
(a) the expiration or earlier termination of the Master Agreement between Selectron and Licensee; or
(b) your ceasing to be authorized by Licensee to use the Licensed Software for any or no reason.
2. Scope of License. Subject to and conditioned upon Licensee's timely payment of the fees set forth in the
Master Agreement and your strict compliance with all terms and conditions set forth in this EULA and the Master Agreement, you
have a limited right and license to:
(a) Use and access the Licensed Software in accordance with this EULA and the Documentation, solely for
Licensee's internal business purposes.
(b) Download, display, and use the Documentation, solely in support of Licensee’s use and access of the
Licensed Software in accordance herewith.
(c) Download, display, copy, use, and create derivative works of reports and structured data generated
using the Licensed Software, solely for Licensee’s internal business purposes.
3. Copies. All copies of the Licensed Software and Documentation made by you:
(a) Will be the exclusive property of Selectron;
(b) Will be subject to the terms and conditions of the Master Agreement and this EULA; and
(c) Must include all trademark, copyright, patent and other intellectual property rights notices contained
in the original.
4. Use Restrictions. You shall not, directly or indirectly:
(a) Use the Licensed Software beyond the scope of the license granted in the Master
Agreement and Section 2 of this EULA;
(b) Copy all or any portion of the Licensed Software, except as expressly permitted in
Section 2 of this EULA;
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(c) Decompile, disassemble, decode, or otherwise reverse engineer the Licensed
Software, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods,
or techniques used or embodied in the Licensed Software or any portion thereof;
(d) Modify, translate, adapt or otherwise create derivative works or improvements,
whether or not patentable, of the Licensed Software or any part thereof;
(e) Provide any other person, including any subcontractor, independent contractor,
affiliate, service provider, or other employee of Licensee, with access to or use of the Licensed Software, except
as expressly permitted by the Master Agreement or this EULA;
(f) Distribute, disclose, market, rent, lease, lend, sell, timeshare, sublicense, assign,
distribute, pledge, publish, transfer or otherwise make available the Licensed Software or any features or
functionality of the Licensed Software, to any third party for any reason, whether or not over a network and
whether or not on a hosted basis, including in connection with the internet, web hosting, wide area network
(WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud
or other technology or service, except as expressly permitted by the Master Agreement or this EULA;
(g) Use the Licensed Software for the commercial or other benefit of a third party;
(h) Permit the Licensed Software to be used for or in connection with any facility
management, service bureau, or time-sharing purposes, services, or arrangements, or otherwise used for
processing data or other information on behalf of any third party;
(i) Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent
or other intellectual property or proprietary rights notices, legends, symbols, or labels appearing on or in the
Licensed Software, including any copy thereof;
(j) Perform, or release the results of, benchmark tests or other comparisons of the
Licensed Software with other software or materials;
(k) Incorporate the Licensed Software or any portion thereof into any other materials,
products, or services, except as expressly permitted by the Master Agreement or this EULA;
(l) Use the Licensed Software for any purpose other than in accordance with the terms
and conditions of this EULA and the Master Agreement.
(m) Use the Licensed Software in, or in association with, the design, construction,
maintenance or operation of any hazardous environments or systems, including (i) power generation systems;
(ii) aircraft navigation or communication systems, air traffic control systems or any other transport
management systems; (iii) safety-critical applications, including medical or life-support systems, vehicle
operation applications or any police, fire or other safety response systems; (iv) military or aerospace
applications, weapons systems or environments;
(n) Use the Licensee Data or the Licensed Software in any way that is fraudulent,
misleading, or in violation of any applicable laws or regulations (including federal, state, local, and international
laws and regulations), including but not limited to export or import control laws, information privacy laws, and
laws governing the transmission of commercial electronic messages; or
(o) Use the Licensed Software for purposes of competitive analysis of the Licensed
Software, the development of a competing software product or service or any other purpose that is to
Selectron's commercial disadvantage.
5. Collection and Use of Information. Selectron may, directly or indirectly through the services of
others, including by automated means and by means of providing maintenance and support services, collect
and store information regarding your use of the Licensed Software, its performance, the equipment through
which the Licensed Software accessed and used, such as dates and times of use by each Authorized User,
activities conducted using the Licensed Software, the type of web browser used to access the Licensed Software,
the operating system/platform you are using, your IP address, and your CPU speed. You agree that the Selectron
may use such information for any purpose related to the Licensed Software, including but not limited to
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60297.00068\41795098.1
improving the performance of the Licensed Software, developing Updates, and verifying compliance with the
terms of this Agreement and enforcing Selectron's rights, including all intellectual property rights in and to the
Licensed Software.
6.Intellectual Property Rights. You acknowledge that the Licensed Software is provided under license,
and not sold, to you. You do not acquire any ownership interest in the Licensed Software under this EULA or
the Master Agreement, or any other rights to the Licensed Software other than to use the Licensed Software in
accordance with the license granted under this EULA and the Master Agreement, subject to all terms, conditions
and restrictions contained therein and herein. Selectron reserves and shall retain its entire right, title and
interest in and to the Licensed Software and all intellectual property rights arising out of or relating to the
Licensed Software, subject to the licenses expressly granted in the Master Agreement and this EULA. You shall
use commercially reasonable efforts to safeguard all Licensed Software (including all copies thereof) from
infringement, misappropriation, theft, misuse or unauthorized access.
7.Login Credentials. You, the Authorized User, shall not share or disclose your log-in credentials
with or to any other individual or entity, even if such other individual is also an Authorized User. If
you discover or suspect that log-in credentials of any Authorized User have been accessed or used
by anyone other than the individual to whom such log-in credentials were originally granted, you will
promptly notify Selectron, and Selectron shall promptly reset or provide Licensee with a means of
resetting the password associated with such log-in credentials.
8.Export Regulation. The Licensed Software may be subject to US export control laws, including the US
Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export
or release the Licensed Software to, or make the Licensed Software accessible from, any jurisdiction or country
to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all
applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any
necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or
otherwise making the Licensed Software available outside the US.
9.Governing Law. This EULA shall be governed by and construed in accordance with the internal laws
of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the
State of California or any other jurisdiction) that would cause the application of laws of any jurisdiction other
than those of the State of California.
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17 City of Chula Vista Agreement No.: 2022-213
Consultant Name: SELECTRON TECHNOLOGIES, INC. Rev. 9/15/20 60297.00068\41733376.1
EXHIBIT E
SELECTRON TECHNOLOGIES, INC. CUSTOMER QUOTE WE65337
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City of Chula Vista City Council
November 14, 2023 Post Agenda
CUSTOMER QUOTE WE6537
City of Chula Vista, CA
Feb. 17, 2023
Quote expires on May 17, 2023
QUOTE SUMMARY
• Update the City’s Relay Permits IVR solution to the latest Relay release
• Move the IVR to Selectron’s Managed/Hosted environment
Solution: Managed Relay Permits IVR
Annual Calls/Transfers: 18,000
Overage Rate: $0.40 per call
This project has no impact the on City’s existing Managed Atlas Insight solution, and the City existing RCS
Outbound solution that is being upgraded to Relay Outbound.
Selectron values long-term customer partnerships and therefore provides discounts based on contract length.
The pricing below assumes/requires a standard 5-year commitment. If a non-appropriations or termination
for convenience clause is required, pricing will change and Selectron will provide an updated quote.
RELAY SOLUTION Retail 5-Year Contract
One-Time: Relay Update Setup $0 $0
One-Time: Managed Environment Setup $20,000 $0
Annual: Managed IVR Service Fee $10,550 $10,550
Annual: IVR Call/Transfer Bundle (18,000 calls/transfers) $9,000 $5,400
Annual: Outbound Message Bundle (50,000 messages) $10,000 $10,000
Annual: Managed Atlas Insight $15,300 $15,300
TOTAL COST $64,850 $41,250
Additional Discount on IVR Call Bundle (5-Year Term) -$2,500
Year 1 Grand Total (5-Year Term) $38,750
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Quote WE6537
Feb. 17, 2023
Quote expires on May 17, 2023
5-YEAR CONTRACT
Year over Year Pricing Retail Year 1 Year 2 Year 3 Year 4 Year 5 TOTAL
Relay Update Setup $0 $0
Managed Environment Setup $20,000 $0 $0
Annual Managed IVR Service Fee $10,550 $10,550 $11,085 $11,640 $12,220 $12,585 $58,080
Annual IVR Call/Transfer Bundle $9,000 $5,400 $5,400 $5,400 $5,400 $5,400 $27,000
Annual Outbound Message Bundle $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 $50,000
Annual Managed Atlas Insight $15,300 $15,300 $15,300 $15,300 $15,300 $15,300 $76,500
TOTAL $64,850 $41,250 $41,785 $42,340 $42,920 $43,285 $211,580
Additional Discount on IVR Call
Bundle (5-Year Term) -$2,500 -$2,500 -$2,500 -$2,500 -$2,500 -$12,500
GRAND TOTAL $38,750 $39,285 $39,840 $40,420 $40,785 $199,080
PROPOSED SOLUTION VALUE
Move to Selectron’s Managed/Hosted Environment
Selectron’s Managed Services solutions relieve the burden of maintaining solutions on-premise, offering the industry
standard in data security and ongoing support. Selectron’s state of the art hosted environment is designed to be PCI
Level 1 compliant and PA-DSS validated, alleviating the pressure on agencies to keep up with continually evolving data
security standards. This rigorous security combined with Selectron’s astute in-house team focused solely on hosted
solutions ensures our customers have a solution they can trust.
Comprehensive Support
Selectron prides itself on being the best in the industry when it comes to customer support for our solutions. We
understand the need for governmental entities to be able to fully trust the technical infrastructure they have invested in.
When this technology is performing at its full ability, constituents are being delivered the best possible service.
Selectron’s hosted solutions are proactively maintained by our dedicated Hosted Solutions team, which includes
scheduled monthly maintenance for updates and fixes in operating systems, software, or firewall. Our Level 1, PCI
compliant hosted facility features rigorous security with keyed entry, on-site building staff for security procedures
enforcement, individual server locking mechanisms, as well as third party penetration testing and vulnerability scanning.
All Selectron customers have access to direct support when needed. Our dedicated Customer Support team is available
to handle all support calls during Selectron’s normal support hours (5:00am – 5:00pm PST), and on-call support staff are
available 24 hours a day, seven days a week. Additionally, customers receive in-depth training prior to the launch of
their solution and can request on-demand training for the life of the solution.
Response Time
Selectron guarantees that all non-emergency support calls will be responded to within one business day. Emergency
calls are dispatched to Selectron’s on-call support staff and are responded to within four (4) hours. Most emergency and
non-emergency calls are handled within one to two hours of receipt.
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Quote WE6537
Feb. 17, 2023
Quote expires on May 17, 2023
Price Details
RELAY UPDATE
Update Relay Permits IVR to latest release $0
RELAY UPDATE TOTAL $0
ONE-TIME MANAGED ENVIRONMENT SETUP
Managed Environment Setup $20,000
MANAGED ENVIRONMENT SETUP TOTAL $20,000
ANNUAL BUNDLE AND SERVICE FEES
Annual Managed IVR Service Fee $10,550
Annual IVR Call/Transfer Bundle (18,000 calls/transfers) $9,000
Annual Outbound Message Bundle (50,000 messages) $10,000
Annual Managed Atlas Insight $15,300
ANNUAL BUNDLE AND SERVICE FEES TOTAL $44,850
RELAY SOLUTION SUB-TOTAL $64,850
DISCOUNTS (5-Year Contract)
One-Time Managed Environment Setup Discount $20,000
Annual Managed IVR Service Fee Discount $0
Annual IVR Call/Transfer Bundle Discount $3,600
Additional Discount on IVR Call Bundle (5-Year Term) $2,500
DISCOUNTS TOTAL $26,100
FIRST YEAR TOTAL COST (5-Year Contract) $38,750
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Quote WE6537
Feb. 17, 2023
Quote expires on May 17, 2023
Required Items Not Included with Relay
• Required application database interface (please contact your provider to purchase, if applicable)
• Application database interface components must be installed and tested prior to development
Call Definition
IVR Services are provided by the Call. A Call is defined as a successful completed connection. A Call can be up to 4
minutes in length, with each additional 4-minute period counted as an additional Call. When a caller initiates a transfer
from the IVR, this results in an additional Call being counted.
Application Database Integration: No changes to existing Accela Civic Platform integration via Construct API
• A Standard Application Database is defined as an Application Database that exposes the needed data and
transaction business rules via an Application Programming Interface (API). All functionality listed in the
Application Packs is contingent on the accessibility of the data and business logic from the Application Database
via an API.
• Integration to the City’s application database (Accela Civic Platform) may require the City to provide a secure
connection (Client-level TLS or Persistent IPSec VPN tunnel) and/or have appropriate ports enabled within the
City’s network, as determined is necessary during the system implementation.
MANAGED SERVICES PAYMENT TERMS
Pricing does not include additional application integration charges that may be required as part of this solution. This
includes Application Vendor API, user, or implementation fees, additional licensing fees, or other surcharges directly or
indirectly charged by or remitted to the Application Vendor.
Annual Managed Service Fee & Call Fee Payment Schedule
100% Invoiced 45 days prior to beginning of service period. If applicable, per message overage fees are
charged monthly in arrears after included limits has been reached.
Taxes
Sales Tax or any other applicable taxes are not included in any of the pricing in this agreement. All applicable taxes will
be invoiced, collected and remitted in accordance with state and local tax laws.
Payment Terms
Terms are net 30 from date of invoice. Past due invoices are subject to a 1.5% per month late fee. All presented pricing is
in US Dollars.
Vendor Information
Selectron Technologies, Inc.
12323 SW 66th Avenue
Portland, Oregon 97223
Phone: 866.878.0048 | Fax: 503.443.2052
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v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Agreement: Approve Modifications to the Agreement with the San Diego Association of Governments for the
Proposition 64 Public Health and Safety Grant Program
Report Number: 23-0300
Location: No specific geographic location
Department: Police
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Recommended Action
Adopt a resolution approving a modified agreement with the San Diego Association of Governments for the
Proposition 64 Public Health and Safety Grant Program.
SUMMARY
On July 25, 2023, the City Council approved an agreement with San Diego Association of Governments
(SANDAG) to provide program evaluation services for the Proposition 64 Public Health and Safety Grant
Program. Since then, SANDAG has requested modifications to the agreement, which require City Council
approval.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment;
therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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P a g e | 2
DISCUSSION
In May 2021, the Police Department received Proposition 64 Public Health and Safety (Prop 64 PH&S) Grant
Program funding in the amount of $1,000,000 (over a three-year project period) to address local impacts due
to the legalization of adult-use recreational cannabis in California. The Prop 64 PH&S grant is funded through
the California State and Local Government Law Enforcement Account and administered by the Board of State
and Community Corrections (BSCC). In December 2022, the Police Department applied for another round of
Prop 64 PH&S funding and received notice of $2,708,250 funding to cover a five-year period.
On July 25, 2023, the City Council accepted Prop 64 PH&S Grant and approved an agreement with SANDAG
to provide program evaluation services for the grant program. Since then, SANDAG has requested
modifications to the agreement, which require City Council approval.
The unexecuted form of agreement with SANDAG that was approved by the City Council on July 25, 2023
now includes redline markup of proposed modifications as outlined in Attachment 1.
The Prop 64 PH&S award covers a 5-year project period of May 1, 2023 to April 30, 2028. When the project
activity period ends April 30, 2028, the 6-month period of May 1, 2028 to October 31, 2028 is for completion
of Final Local Evaluation Report (conducted by SANDAG).
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact of accepting the modified agreement with SANDAG. Budget
appropriations relating to the Proposition 64 Public Health and Safety Grant were processed as a result of
Council Resolution 2023-103 approved on July 25, 2023.
ONGOING FISCAL IMPACT
Because the grant period covers multiple fiscal years, subsequent budgets will include allocations as outlined
in the chart below. Personnel costs for the associated Peace Officer position beyond the grant period (ending
4/30/2028) are contingent upon additional grant funding or available City funds. To retain this Offi cer
position, the estimated fiscal impact is $32,458 in FY 2027-28, and $209,229 in FY 2028-29.
CATEGORY FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 5-YEAR TOTAL
Officer Salaries and Benefits $32,458 $180,741 $189,778 $199,267 $176,771 $779,015
Overtime $101,093 $78,825 $78,825 $78,825 $78,825 $416,393
Diversion/Intervention (SBCS) $84,835 $171,356 $175,468 $182,624 $190,019 $804,302
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P a g e | 3
CATEGORY FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 FY 28/29 5-YEAR TOTAL
Program Evaluation (SANDAG) $87,135 $37,755 $37,755 $37,755 $37,755 $6,845 $245,000
Travel & Training $10,000 $10,000 $10,000 $10,000 $10,000 $50,000
Update/Repair Surveillance Van $85,000 $85,000
Level 3 Body Armor $50,000 $50,000
Vehicle Trackers, Cameras, Laptops $67,000 $67,000
Detective Vehicle $50,000 $50,000
Covert Vehicle Cameras $42,000 $42,000
Indirect Costs $13,356 $25,956 $26,860 $27,809 $25,559 $119,540
TOTAL BSCC FUNDING $622,877 $504,633 $518,686 $536,280 $518,929 $6,845 $2,708,250
Fiscal Impact - Officer Salaries and
Benefits after 4/30/2028 $32,458 $209,229
ATTACHMENTS
1. Redline Modifications to Form of Agreement with San Diego Association of Governments to provide
program evaluation services for the Proposition 64 Public Health and Safety Grant Program
2. Exhibit D of SANDAG agreement – BSCC Prop 64 Cohort 3 Grant Proposal
Staff Contact: Chief Roxana Kennedy, Police Department
Administrative Services Manager Jonathan Alegre, Police Department
Page 82 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MODIFIED AGREEMENT
WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR
THE PROPOSITION 64 PUBLIC HEALTH AND SAFETY
GRANT PROGRAM
WHEREAS, the City of Chula Vista desires to participate in the Proposition 64 Public
Health and Safety Grant Program funded through the California State and Local Government Law
Enforcement Account and administered by the Board of State and Community Corrections
(“BSCC”); and
WHEREAS, on April 19, 2023 the Police Department received notice from BSCC of a
$2,708,250 award of Proposition 64 Public Health and Safety Cohort 3 grant to address local
impacts due to the legalization of adult-use recreational cannabis in California; and
WHEREAS, on July 25, 2023, the City Council approved a form of agreement with San
Diego Association of Governments (“SANDAG”) to provide program evaluation services for the
Proposition 64 Public Health and Safety Grant Program; and
WHEREAS, the City and SANDAG now desire to make additional modifications to the
unexecuted form of agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the modified Agreement to provide Program Evaluation Services for the
Proposition 64 Public Health and Safety Grant Program between the City and San Diego
Association of Governments, in the form presented, with such minor modifications as may be
required or approved by the City Attorney, a copy of which shall be kept on file in the Office of
the City Clerk, and authorizes and directs the Mayor to execute same.
Presented by
Roxana Kennedy
Chief of Police
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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November 14, 2023 Post Agenda
1 City of Chula Vista Agreement No.: 2023-154
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
CITY OF CHULA VISTA
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
WITH SAN DIEGO ASSOCIATION OF GOVERNMENTS
TO PROVIDE PROGRAM EVALUATION SERVICES FOR THE PROPOSITION 64 PUBLIC
HEALTH AND SAFETY GRANT PROGRAM
This Agreement is entered into effective as of July 25, 2023 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and SAN DIEGO ASSOCIATION OF GOVERNMENTS,
A California Corporation (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”)
with reference to the following facts:
RECITALS
WHEREAS, the San Diego Association of Governments (SANDAG) serves as the forum for regional
decision-making for the San Diego region, which is governed by a Board of Directors of mayors, councilmembers,
and county supervisors for each of the region’s 19 local governments; and
WHEREAS, the Applied Research Division (ARD) of SANDAG will work with the City to support the
goals and objectives outlined in the Proposition 64 Public Health and Safety Grant Program; and
WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with
the time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
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2 City of Chula Vista Agreement No.: 2023-154
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Contractor/Service Provider hereby agree as follows:
1. SERVICES
1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the
“Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference,
within the time frames set forth therein, time being of the essence for this Agreement. The services and/or
Deliverables described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service
Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider
under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good
faith for the purpose of negotiating a corresponding reduction in the compensation associated with the
reduction in Required Services to be performed.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider
provide additional services related to the Required Services (“Additional Services”). If so, City and
Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an
amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the
Additional Services shall be charged and paid consistent with the rates and terms already provided therein.
Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this
Agreement.
1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised by members
of the profession currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions,
noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its
subcontractors.
1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for
Contractor/Service Provider to provide additional security for performance of its duties under this Agreement,
Contractor/Service Provider shall provide such additional security prior to commencement of its Required
Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney.
1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider
shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal
Code.
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3 City of Chula Vista Agreement No.: 2023-154
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a
business license from City.
1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for
City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider
in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures
necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to
complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and
policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any
responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall
ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set
forth in this Agreement.
1.10 Term. This Agreement shall commence on May 1, 2023 (the “Effective Date”) and shall terminate,
subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations
hereunder; provided, however, provisions which expressly survive termination shall remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate
Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard
terms for billing and payment are set forth in this Section 2.
2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for
services performed each monthquarter, within thirtyforty-five (3045) days of the end of the month in which
the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the
month following the Effective Date of the Agreement. All charges must be presented in a line item format
with each task separately explained in reasonable detail. Each invoice shall include the current monthly
amount being billed, the amount invoiced to date, and the remaining amount available under any approved
budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses
that exceed the estimated budget.
2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and
confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall
pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in
accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion,
invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Contractor/Service Provider.
2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs
incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance
and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be
responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of
the Required Services.
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4 City of Chula Vista Agreement No.: 2023-154
Service Provider Name: SAN DIEGO ASSOCIATION OF
GOVERNMENTS Rev. 2/24/2023
2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or
costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City
shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or
related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its
agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to
the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the
performance of Required Services does not constitute a City final decision regarding whether such payment
or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a
waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines
that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will
notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such
amount.
3. INSURANCE
3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of
performance of Required Services under this Agreement, and for twelve months after completion of Required
Services, the policies of insurance described on the attached Exhibit B, inco rporated 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 admitt ed to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub-
contractors, which have been approved by City pursuant to Section 1.9 above, as insureds under its policies
and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its
policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager. The general liability
additional insured coverage must be provided in the form of an endorsement to the Contractor/Service
Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude
Products/Completed Operations coverage.
3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage
must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is
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wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves
Contractor/Service Provider from its responsibility to provide insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must
procure and put into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation
in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service
Provider waives any right it may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall
furnish City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with
the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no
obligation or liability of any kind upon the company, its agents, or representatives” or any similar language
must be deleted from all certificates. The required certificates and endorsements should otherwise be o n
industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all
required insurance policies, including endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must
purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required
by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider
maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to
coverage for higher limits maintained.
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4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully
protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents,
employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage
or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or
incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its
officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of
the Required Services, the results of such performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole negligence or willful
misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or
claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which
may be in combination with the active or passive negligent acts or omissions of the Contractor/Service
Provider, its employees, agents or officers, or any third party.Each Party shall indemnify, defend and hold the
other Party harmless from all liabilities, costs and expenses (including, without limitation, attorneys fees) that
such Party may suffer, sustain or become subject to as a result of any breach of this Agreement b y the
indemnifying Party or the indemnifying Party’s negligence or willful misconduct in performance of its
obligations under this Agreement.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section
4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense
and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings
that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in
this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s
obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified
Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore,
Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of
Contractor/Service Provider’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs
in enforcing Contractor/Service Provider’s obligations under this Section 4.
4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination
of this Agreement.
5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER.
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5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and Contractor/Service Providers performing work for government
agencies to publicly disclose certain of their personal assets and income using a Statement of Economic
Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service
Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into
the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to
file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any
economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be
performing the Required Services, in any real property or project which is the subject of this Agreement.
Contractor/Service Provider warrants and represents that it has not employed or retained any company or
person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service
Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents
that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved
subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage
fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement.
Contractor/Service Provider further warrants and represents that no officer or employee of City, has any
interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof,
or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors.
Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether
or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties,
City shall have the right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform
the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider
shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in
addition to any and all other rights and remedies City may have under this Agreement, at law or in equity,
City shall have the right to terminate this Agreement by giving five (5) days written notice to
Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If
Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Servic e
Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any
and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the
Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7
hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior
to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such
compensation exceed the amount that would have been payable under this Agreement for such work, and any
such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of
the Default.
6.2 Termination or Suspension for Convenience of City. CityEither Party may suspend or terminate this
Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause,
by giving specific written notice to Contractor/Service Providerthe other Party of such termination or
suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice,
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Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all
“Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive
property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and
equitable compensation for this Work Product in an amount equal to the amount due and payable under this
Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any
additional remaining Required Services requested or approved by City in advance that would maximize City’s
value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City,
Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in
California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership
that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents
to service of process on Contractor/Service Provider by first class mail directed to the individual and address
listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be
effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider
in the United States or in any other country without the express, prior written consent of City. City shall have
unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in
part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may
be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With
respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make
available to City, upon reasonable written request by City, the necessary functional computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files. The parties
acknowledge that each is subject to the California Public Records Act (PRA), Government Code 6250 et seq.
and each may be required to disclose Work Product upon request. The parties agree to notify each other if a
party receives a PRA for Work Product before disclosure of any Work Product.
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8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s
unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or
responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City
may grant, condition or deny in its sole discretion.
8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and
represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind
Contractor/Service Provider to its obligations hereunder without any further action or direction from
Contractor/Service Provider or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all
data, documents, reports, records, contracts, and supporting materials relating to the performance of the
Agreement, including accounting for costs and expenses charged to City, including such records in the
possession of sub-contractors/sub-Contractor/Service Providers.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers,
employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this
Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and
none of them shall be entitled to any benefits to which City employees are entitled, including but not limited
to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits.
Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax
with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider
shall be solely responsible for the payment of same and shall hold the City harmless with respect to same.
Contractor/Service Provider shall not at any time or in any manner represent that it or any of its
Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider
shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind
City in any manner.
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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 h ave the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
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SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the
Effective Date.
SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
CYNTHIA BURKE, PH.D. JOHN MCCANN
DIRECTOR, RESEARCH AND PROGRAM
MANAGEMENT
MAYOR
ATTEST
BY: ________________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Chula Vista Police Department
Jonathan Alegre, Police Administrative Services Administrator
315 Fourth Avenue, Chula Vista, CA 91910
(619) 476-2570
jalegre@chulavistapd.org
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Contractor/Service Provider Contract Administration:
SAN DIEGO ASSOCIATION OF GOVERNMENTS
401 B Street, San Diego, CA 92101
(619) 699-1900
Cindy.Burke@sandag.org
For Legal Notice Copy to:
[same as above]
2. Required Services
A. General Description:
Contractor/Service Provider will provide program evaluation services to support the Proposition 64 Public
Health and Safety Grant Program.
B. Detailed Description:
San Diego Association of Governments (SANDAG) will perform grant program evaluation as outlined in the
proposal submitted to Board of State and Community Corrections (BSCC) for the Proposition 64 Public Health
and Safety Grant Program, which is attached as Exhibit D. Serving as the outside evaluator, SANDAG will
ensure ongoing monitoring and quality control of the grant program, as well as documenting and assessing
achievement of proposed goals and outcomes.
Project activities that support the goals and objectives of the Proposition 64 Public Health and Safety Grant
Program include, but not limited to:
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Attend meetings and collaborate with program partners and staff
Develop Local Evaluation Plan (identifying/capturing appropriate program measures) and submit to
BSCC no later than September 30, 2023
Provide timely data to program partners and staff to drive decisions
Conduct surveys regarding perception of services received
Create and maintain dashboard documenting up-to-date information on client intakes, exits and services
received
Complete quarterly reports describing progress made on program objectives
Complete Final Local Evaluation Report and submit to BSCC no later than October 31, 2028
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 1,
2023 and end on October 31, 2028 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
☒ Time and MaterialsDeliverables. For performance of the Required Services by Contractor/Service Provider as
identified in Section 2.B., above, City shall pay Contractor/Service Provider for the productive hours of time
spent by Contractor/Service Provider in the performance of the Required Services.
B. Reimbursement of Costs
☒ None, the compensation includes all costs
Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services
performed through October 31, 2028 shall not exceed $245,000.
5. Special Provisions:
☐ Permitted Sub-Contractor/Service Providers: None.
☐ Security for Performance: None.
☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if
applicable. The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on
behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and
conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to
Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to
Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercis e of Option
to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term.
☒ None
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EXHIBIT B
INSURANCE REQUIREMENTS
Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to
provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes
(x).
Type of Insurance Minimum Amount Form
☒ General Liability:
Including products and
completed operations,
personal and
advertising injury
$2,000,000 per occurrence for
bodily injury, personal injury
(including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waiver of Recovery Endorsement
Insurance Services Office Form
CG 00 01
*Must be primary and must not
exclude Products/Completed
Operations
☒ Automobile Liability $1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
☒ Workers’
Compensation
Employer’s Liability
$1,000,000 each accident
$1,000,000 disease policy limit
$1,000,000 disease each employee
Waiver of Recovery Endorsement
Other Negotiated Insurance Terms: None.
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EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and
local government officials, including some Contractor/Service Providers, to make certain public disclosures using
a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to
any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also
required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4
from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation
is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
(Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
☐ A. Full Disclosure
☐ B. Limited Disclosure (select one or more of
the categories under which the Contractor shall
file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the
Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing req uirements. If
you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,
or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Jonathan Alegre
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not incl ude
corporation or limited liability company).
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BSCC Powered by Submittable
Title City of Chula Vista
by Yeelin Cheung in Proposition 64 Public Health
& Safety Grant Program, Cohort 3- Request for
Proposals
ycheung@chulavistapd.org
12/01/2022
id. 34215758
Original Submission 12/01/2022
KEY INFORMATION The Proposition 64 Public Health & Safety Grant Program, Cohort 3
Request for Proposals is divided into five (5) sections. Section I -
Applicant Information Section II - Proposal Abstract Section III -
Proposal Narrative and Project Work Plan (upload attachment)
Section IV - Proposal Budget and Narrative (upload attachment)
Section V - Attachments: Mandatory and Optional (upload
attachments) Each section has fields that require a response.
Applicants will be prompted to provide written text, numerical input,
radial button choices, and upload attachments. Documents in Word,
Excel, and/or PDF are allowable formats for upload attachments.
Some responses requiring narrative text input have a limited number
of allowable characters for those fields. If a character limit has been
enabled for a specific response field, a character counter will display
the number of characters allowed and will then show the number of
characters remaining as text is entered into the response field.
Character limits include all text, punctuation, and spaces. If the
character limit is exceeded, a red prompt will appear with the
message "You have exceeded the character limit." Applicants may
start and stop their application, as needed, during the solicitation
period. However, to save the information entered into the BSCC-
Submittable Application, applicants must select "Save Draft" at the
bottom of the application before existing. Applicants are prohibited
from submitting the Prop 64 Grant Program, Cohort 3 application
until all mandatory fields are completed (those with a red asterisk),
character limits are in compliance, and required documents have
been uploaded. Applicants should read the Prop 64 Cohort 3 RFP
Instruction Packet prior to completing the application process. The
RFP Instruction Packet contains all the necessary information to
successfully complete and submit the Prop 64 application for Cohort
3.This document can be found at:
http://www.bscc.ca.gov/proposition-64-public-health-safety-grant-
program/.
CONFIDENTIALITY
NOTICE:
All documents submitted as a part of the Proposition 64 Public Health
& Safety Grant Program proposal are public documents and may be
subject to a request pursuant to the California Public Records Act.
The BSCC cannot ensure the confidentiality of any information
submitted in or with this proposal. (Gov. Code, § 6250 et seq.)
EXHIBIT D
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SECTION I -
APPLICANT
INFORMATION
This section requires information about the applicant (County/City),
grant funds being requested, proposed project synopsis and project
officials.
Name of Applicant
('Name' County or
City of 'Name')
City of Chula Vista
Tax Identification
Number
95-6000690
Grant Funds
Requested - W hole
dollars only
2708250.0
Applicant's Physical
Address
276 Fourth Av enue
Chula Vista
CA
91910
US
Applicant's Mailing
Address (if different
than physical
address)
315 Fourth Av enue
Chula Vista
CA
91910
US
Mailing Address For
Reimbursement
Payments
315 Fourth Av enue
Chula Vista
CA
91910
US
Project Title Chula Vista Community and Youth Cannabis Impact Reduction
Project Summary The City of Chula Vista’s Police Department is working with SBCS and
SANDAG to reduce the impact of Proposition 64’s passage on the
citizens of Chula Vista by increasing awareness of marijuana’s
dangers, prov iding counseling to at risk youth, inv estigating
cannabis related crimes, and taking enforcement on illegal cannabis
businesses.
Proposed Project
County/City Size for
Funding Distribution
Large-sized county or a city within a large-sized county
Project Purpose
Areas (PPAs)
PPA 1: Youth Dev elopment/Youth Prev ention and Interv ention
PPA 2: Public Health
PPA 3: Public Safety
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Lead Public Agency
(LPA) Information
This sub-section requires information about the gov ernmental
agency with local authority of or within the county or city that will be
acting as the LPA. Additionally, this section requires names and
contact information for the indiv iduals identified as the Project
Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day
Fiscal Contact, and the Authorized Officer with signing authority.
Lead Public Agency
(LPA)
Chula Vista Police Department
Project Director Frank
Giaime
Project Director's
Title
Police Lieutenant
Project Director's
Physical Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Project Director's
Mailing Address (if
different than
physical address)
n/a
Project Director's
Email Address
fgiaime@chulav istapd.org
Project Director's
Phone Number
+16194762344
Financial Officer Yeelin
Cheung
Financial Officer's
Title
Principal Management Analyst
Financial Officer's
Physical Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Financial Officer's
Mailing Address (if
different than
physical address)
n/a
Financial Officer's
Email Address
ycheung@chulav istapd.org
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Financial Officer's
Phone Number
+16196915128
Day-To-Day Program
Contact
Christopher
Lawrence
Day-To-Day Program
Contact's Title and
Agency/Department/Organization
Police Officer, Chula Vista Police Department
Day-To-Day Program
Contact's Physical
Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Day-To-Day Program
Contact's Email
Address
clawrence@chulav istapd.org
Day-To-Day Program
Contact's Phone
Number
+16194095423
Day-To-Day Fiscal
Contact
Bryant
Shimizu
Day-To-Day Fiscal
Contact's Title with
Agency/Department/Organization
Management Analyst I, Chula Vista Police Department
Day-To-Day Fiscal
Contact's Physical
Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Day-To-Day Fiscal
Contact's Email
Address
bshimizu@chulav istapd.org
Day-To-Day Fiscal
Contact's Phone
Number
+16194095467
Name of Authorized
Officer*
Roxana
Kennedy
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I hereby certify I am
vested by the
Applicant with the
authority to enter into
contract with the
BSCC, and the
grantee and any
subcontractors will
abide by the laws,
policies, and
procedures
governing this
funding.
checked
Date of Assurance 11/30/2022
Authorized Officer's
Title and
Agency/Department
Chief of Police, Chula Vista Police Department
Authorized Officer's
Physical Address
315 Fourth Av enue
Chula Vista
CA
91910
US
Authorized Officer's
Email Address
pdgrants@chulav istapd.org
Authorized Officer's
Phone Number
+16196915150
SECTION II -
PROPOSAL
ABSTRACT
The Proposal Abstract should prov ide a brief summary of the
proposed project. This section will not be included in the rating of the
proposal.
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PROPOSAL
ABSTRACT
The City of Chula Vista is the second largest city in San Diego County
and one of the few (of 18) that has not banned the cultiv ation or
distribution of recreational marijuana. Following the passage of Prop
64, Chula Vista legalized cannabis retail stores in 2018, authorizing
eight storefronts and four deliv ery businesses. Current legal
cannabis businesses in the City of Chula Vista include 7 storefront
cannabis dispensaries, 2 cannabis deliv ery serv ices, and 1 cannabis
product manufacturer. The first cannabis storefront opened in April
2021, and crime associated with the business followed shortly after.
Additionally, data from San Diego County hav e shown that youth
perception of the harms of marijuana use has decreased ov er time
and that a greater percentage than ev er are buying cannabis
products illegally and using high potency cannabis products and
methods (e.g., v aping, dabbing). Other regional data hav e shown
increases in calls to poison control centers, emergency room v isits
related to cannabis, and indiv iduals driv ing under the influence.
Thus, the greatest needs that would be targeted in this project relate
to (1) youth prev ention and education; (2) parent and community
education; and (3) prev enting sales to minors at either legal or illegal
recreational dispensaries.
Project funding will be used to fund ov ertime hours and regular
hours for current staff would be responsible for law enforcement
operations and will work with code compliance to monitor legal
recreational dispensaries and target illegal ones. In addition, the
Chula Vista Police Department will contract with SBCS, a local CBO,
to supplement the ev idence-based div ersion, prev ention, and
interv ention serv ices they hav e prov ided in the city for ov er 50 years.
Parent and community education activ ities would also be conducted
on a regular basis through the fiv e-year grant period. Ev idence-
based practices (EBP) that will be utilized include the use of risk/need
assessments, prov ision of culturally relev ant and trauma informed
serv ices, and prov en and promising policing practices including
disorder policing, hot spot policing, street lev el drug enforcement,
and problem-oriented policing.
SANDAG will serv e as the ev aluation partner, bringing its ov er 40
years of action research experience. SANDAG will document if the
project was implemented as planned and with fidelity, as well as
determine if desired outcomes were achiev ed. Multiple outcome
methods will be used, and results will be shared in a timely fashion to
inform program implementation and management.
SECTION III -
PROPOSAL
NARRATIVE
This section requires responses
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Proposal Narrative
Instructions
The Proposal Narrativ e section must address the following Rating
Factors- Project Need, the Project Description, and the Project
Ev aluation - as outlined in the Prop 64 Cohort 3 RFP Information
Packet, beginning on page 18 of the Prop 64 Cohort 3 RFP
Instruction Packet. Narrativ e in this section must clearly identify and
delineate each Factor Section (i.e., Project Need, the Project
Description, and the Project Ev aluation) when responding. Sources
cited must be included within Proposal Narrativ e or may be
referenced within the optional RFP- Additional Information
attachment . It is up to the applicant to determine how best to use the
total character limit in addressing each section (i.e., Project Need, the
Project Description, and the Project Ev aluation) . Howev er, the
Applicant may use the percent of total point v alue for each section as
a guide. The Rating Factors and weighted v alue are prov ided in the
Prop 64 Cohort 3 RFP Instruction Packet (Page 15). The Project W ork
Plan must also be uploaded to this Section as it is rated under the
Project Description Rating Factor (2.6).
Proposal Narrative Project Need (Section 1)
Needs Related to the Impact of Prop 64 (1.1) Chula Vista (CV) is the
2nd largest city in San Diego County (SDC), with a population of
274,449 and one of the few cities (out of 18) in the County that did not
ban the cultiv ation or distribution of marijuana. Current legal
cannabis businesses in the City of Chula Vista include sev en
storefront cannabis dispensaries, two cannabis deliv ery serv ices,
and one cannabis product manufacturer. The first cannabis
storefront opened in April 2021, and crime associated with the
business followed shortly after. Since the legalization of marijuana for
medical and recreational use, the perception of the potential harm of
cannabis use by youth in SDC has decreased and concerns
regarding increased calls to the poison center, emergency room
v isits, driv ing under the influence, and crime associated with illegal
dispensaries hav e become a reality. According to population
estimates, 60% of CV’s population is Hispanic/Latino, 16% other
ethnicities, 19% W hite, 5% are Black and 13% are under the age of 18.
According to the most recent arrest statistics, 3,298 adult and
juv enile arrests were made in CV in 2021, which equates to around 9
arrests per day and the third most common type was for a drug-
related offense (15%).
Needs Related to PPA 1 (1.2a) CV has approximately 100 K-12
schools with ov er 66,000 students, as well as one community college
(with a student body of approximately 19,000). The legalization of
recreational marijuana has resulted in a significant increase in smoke
shops that sell marijuana-related products and as a result, prov ide
easier access to cannabis for juv eniles. In addition, the City has
receiv ed numerous complaints from the community (283 calls for
serv ice from the beginning of 2019 through January 2021) that illegal
marijuana businesses hav e been selling products to minors.
Additionally, School Resource Officers and schools staff encounter
many juv eniles in possession of THC. W hen Chula Vista’s first legal
cannabis dispensary opened in 2021, there were three crime reports
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for prov iding juv eniles with cannabis. As of October 1, 2022, there
hav e been sev en crime reports for prov iding juv eniles with cannabis,
a 133% increase, which could hav e been ev en greater without the
help of funds from the Prop 64 Cohort 2 program. Furthermore, past
research through the CVPD’s School Resource Officer program has
shown that juv eniles were able to purchase tobacco products online
and hav e them deliv ered, suggesting juv eniles may attempt to do the
same for cannabis products. Proposed project goals include
ensuring that legal dispensaries and deliv ery serv ices are not selling
their products to minors and monitoring the city for any new illegal
dispensaries or deliv ery serv ices that arise due to the high
probability of juv eniles being targeted as a consumer population.
Needs Related to PPA 2/3 (1.2b) The needs described here related to
youth prev ention and interv ention are closely connected to public
safety and public health needs for training and education for parents
and the community (e.g., regarding risk of youth use, potency, and
driv ing under the influence). CVPD closed ov er thirty illegal storefront
dispensaries in Chula Vista , with many requiring multiple
enforcement activ ities and search warrants. A portion of the
enforcement was supported by funding from the prev ious Prop 64
grant cycle. CVPD anticipated the issues with illegal storefronts
dispensaries to be ongoing; howev er, much of the illegal cannabis
activ ity transferred to deliv ery serv ices. In 2021, ten illegal or
fraudulently licensed cannabis business were identified adv ertising in
Chula Vista. As of October 1, 2022, fourteen illegal or fraudulently
licensed cannabis businesses hav e been identified adv ertising in
Chula Vista. Deliv ery enforcement requires extensiv e inv estigations
and multiple enforcement operations including multiple buy-and-
follow operations to identify runners, stash houses, and managers,
multiple hours of surv eillance, and an extensiv e enforcement team of
officers who execute search warrants on fortified and likely armed
locations, and then cite or arrest indiv iduals, and collect ev idence. In
addition, there are public safety concerns related to ensuring that
legal dispensaries operate according to regulations and for illegal
dispensaries to be identified and addressed. At the end of 2021 there
were sev en citizen-initiated calls for serv ice at dispensaries. As of
October 1, 2022, there hav e been twenty-three citizen calls for
serv ice at dispensaries, a 228% increase. In 2021, there were two
dispensary related robbery cases. As of October 1, 2022, there had
been fiv e dispensary related robberies and one burglary. These
incidents alone demonstrate a need for more police presence and
monitoring of these locations. Similarly, CVPD is also working to
ensure that marijuana products are not being sold outside of the
correct v enues. In October of 2022, CVPD inspected twenty cigarette
and smoke shops and identified THC products in ev ery business. To
ensure that THC products are only being sold in the correct v enues,
CVPD would require ongoing enforcement operations to remov e THC
products from Chula Vista’s 132 cigarette and smoke shops.
W hy Needs Are Not Met with Existing Resources (1.3) CVPD has the
smallest number of sworn staff per 1,000 population of any SDC
police department, at .96, compared to a regional av erage of 1.27. As
a result, current resources limit the ability to address the needs
outlined here with sworn staffing lev els. W ith this funding, CVPD will
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continue funding an officer position, who will be responsible for
youth/family education and prev ention regarding cannabis use and
who will work closely with SBCS, a community-based organization
currently operating a Community Assessment Team (CAT) Program,
to engage, educate, and prev ent youth cannabis use and thwart a
rise in marijuana-related crimes, such as driv ing under the influence.
Together, the CVPD and SBCS will act as a resource for families with
existing marijuana-related issues or those who are at-risk of abuse
related to marijuana consumption. Additionally, they will work with the
legal cannabis industry to ensure it is complying with youth
prev ention efforts. Data in Support of Needs (1.4) On an annual
basis, SANDAG interv iews adult and juv enile arrestees at local
detention facilities as part of the Substance Abuse Monitoring (SAM)
program (reference included in supplemental material). The at-risk
youth interv iewed are similar in many of the characteristics of those
who will be the population of focus for PPA 1 and other data are
av ailable at the San Diego County lev el described here from the
Marijuana Prev ention Initiativ e (MPI) 2021 Report in SDC.
• In 2021, 89% of SAM youth had tried marijuana, 56% had used it in
the past 30 days, and 55% tested positiv e for it, the third highest in
22-years. Of those who used it in the past 30 days, the av erage
number of days used was 18.2, considerably higher than the av erage
for those who used alcohol (6.3). The av erage age of first use was
12.5.
• SAM youths’ perception of the potential harm of regular marijuana
use has declined considerably ov er recent years, from 11% saying it
was “extremely” or “v ery bad” in 2021, compared to 25% in 2016. At
the same time, slightly more youth now say it is “v ery easy” to
obtain, up to 69% in 2021, from 64% in 2016. These changing
perceptions hav e also been reported with the Monitoring the Future
Study and the California Healthy Kids Surv ey data, as described in
the MPI report.
• 74% of SAM youth in 2021 said marijuana was the 1st drug they had
tried, before alcohol (16%) and tobacco (10%).
• As reported in the MPI report, between 2009 and 2019 the number of
emergency room discharges in SDC with cannabis listed as a primary
diagnosis increased 690% from 111 to 877. From 2016 to 2020, there
has been a 75% increase in marijuana exposure cases in SDC
handled by the California Poison Control Center (88 to 154).
Process Used to Determine Need (1.5) To determine the greatest
need for this grant project partners utilized the CV community
surv ey, one-to-one conv ersations with residents, and feedback
shared at public forums. In 2019, SANDAG partnered with CVPD to
conduct a community surv ey. The results showed that illegal drug
use was the second most common reason indiv iduals av oided parks
in the city; 15% noted that driv ing under the influence, illegal drug
use, and marijuana dispensaries was a top concern for them; and
illegal drug use was named as one of the top 4 priorities for CVPD
identified by residents. This input, coupled with regional statistics,
demonstrates both community concern and need for the greater
education, prev ention and enforcement proposed herein.
Project Description (Section 2)
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How the Project will Address Needs/Project Goals and Objectiv es
(2.1/2.2) The greatest needs and project goals which are directly
related to the passage of Prop 64 include youth education,
prev ention, and interv ention; parent and community education;
prev enting sales to minors at either legal or illegal recreational
dispensaries; and addressing illegal dispensaries and deliv ery
serv ices. As such, CVPD, SBCS and SANDAG hav e designed a multi-
pronged approach which combines these efforts into one cohesiv e
program. Founded in 1971, SBCS is the largest prov ider of social
serv ice and community dev elopment programs headquartered in CV.
SBCS' years of experience serv ing at-risk and high-risk youth; wide
range of integrated prev ention, interv ention, and treatment options
for youth and families; and high lev el of trust and recognition within
neighborhoods and among families will all contribute toward the
success of the proposed program. SBCS will work closely with CVPD
to prov ide education, prev ention, and interv ention serv ices to CV
elementary, middle, and high school youth (ages 6-18) and parents
as an enhancement to a current program to meet the goals and
objectiv es of PPA 1 (Goal 1). In the current climate SBCS has
receiv ed an influx of referrals for both their div ersion and prev ention
serv ices. To support this need SBCS will work with CVPD to prov ide
education, prev ention, and interv entions serv ices using assessment
driv en case management and ev idence-based program (EBP). To
meet the goals and objectiv es of PPA (Goal 1). SBCS will serv e a
minimum of 75 youth referred by CVPD for div ersion serv ices in year
1 and 150 youth referred for both div ersion and
prev ention/interv ention serv ices each of the following 4 years of the
grant. The target population will include elementary, middle, and high
school aged youth and their families residing in Chula Vista. These
populations will be prioritized for serv ices, promptly screened
utilizing the Family W ell Being Assessment (FW BA) and assigned to
a Youth and Family Dev elopment Associate (YFDA). The YFDA will act
as a liaison between the CVPD and the CAT team and refer youth to
div ersion. Those youth referred for div ersion serv ices will not only
receiv e education on the dangers of marijuana use, but also
participate in indiv idual or group counseling sessions utilizing one of
SBCS’s Ev idence Based Practice (EBP) serv ices. Based off the initial
FW BA, youth who reported marijuana use/abuse will be referred to
Seeking Safety EBP. For youth without an identified substance abuse
need at assessment may be referred into the One Circle Foundation
EBP for prev ention-based serv ices. These serv ices will be further
enhanced by ongoing community serv ice/peer education activ ities,
as well as quarterly marijuana education presentations/ monthly
social media posts (coordinated jointly by SBCS and CVPD) (Goal 2).
W ith strong ties to the local community, SBCS will also facilitate, in
partnership with local and federal law enforcement, quarterly parent
education groups, both in English and Spanish. These educational
groups will be conducted both v irtually and in person, depending
upon the client’s needs, and will inform parents of the risks of
marijuana use, including driv ing under the influence; dangers
associated with illegal recreational dispensaries; as well as ways to
discuss these topics with their children. Together, these activ ities will
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work to increase knowledge within the community, and decrease
marijuana use among youth populations. Goals 3 and 4 will focus on
law enforcement activ ities, including enforcement on illegal cannabis
deliv ery businesses, inv estigating juv enile cannabis crimes, ensuring
THC and cannabis products are not being sold in unlicensed
locations, inspecting licensed cannabis businesses, and ev aluating
cannabis tips and complaints from the community, and educating
juv eniles and the community. In 2023 activ ities will be performed on
an ov ertime basis until a detectiv e can be assigned to this work full
time in year two of the grant. For a detailed ov erv iew of the project
goals, objectiv es and outcomes please refer to the Project W ork Plan
in Appendix L.
Rationale to Support the Selection of the Project (2.3) SBCS and
project partners intimately understand the relationship between
research and practice, and together hav e many years’ experience
implementing EBP models and prov en practices with fidelity. The
proposed project will utilize the FW BA, which uses the six domains of
wellbeing identified in the Tasmanian Child and Youth W ellbeing
Framework to define the components of child wellbeing and assist
practitioners to identify areas where a child, young person or family is
doing well, and areas where they may need some additional
assistance. Additionally, two EBPs will be used: (1) Seeking Safety
(SS), an EBP, present-focused counseling model designed to assist
clients to attain safety from trauma and/or substance abuse. SBCS
staff is trained and experienced in deliv ering this model and will
utilize this interv ention for any/all youth who hav e used/currently
report use of marijuana. (2) One Circle Foundation Curricula prov ides
motiv ational interv iewing strategies based on EBP with a strong
focus on positiv e youth dev elopment. This interv ention takes the
form of gender-specific group circles which are designed to increase
positiv e connection, strengths, and competence in girls; and
promote boys’ and young men’s safe and healthy passage through
pre-teen and adolescent years. SBCS will utilize this approach to
prev ent marijuana use in those youth referred to the program and
deemed “at-risk” for cannabis use. The law enforcement actions
proposed here, including disorder policing, hot spot policing, street
lev el drug enforcement, and problem-oriented policing, are described
as effectiv e and promising practices as relates to drug-related crime.
Extent to W hich Existing Resources W ill be Used (2.4) The youth
serv ices prov ided here for Goal 1 is an enhancement of SBCS’
current CAT and Div ersion serv ices that are supported with funding
from SDC and includes the prov ision of prev ention and interv ention
serv ices for youth ages 6-18 throughout the South Region of SDC.
The supplemental efforts here will be focused on youth residing or
attending school within CV limits and preference will be giv en to
those youth referred by CVPD with current marijuana offenses.
Current CAT serv ices will be lev eraged and all youth will hav e access
to SBCS’ Youth Prev ention and Interv ention (YPI) serv ices which are
lev eraged through other funding sources and may include anger
management, Cognitiv e Behav ioral Therapy (CBT), educational
resources including tutoring and after-school support, as well as
access to wraparound supports for the entire family. For Goals 2,3,
and 4 CVPD has been working on creating inv estigativ e systems and
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inspection checklists that can be repurposed for this project.
Experience, Staffing, and Partnerships (2.5) CVPD will be the lead
agency for this grant and Detectiv e Chris Lawrence will act as the
main point of contact. Detectiv e Lawrence has 5 years in law
enforcement and during his time with CVPD has spent the last
sev eral years exclusiv ely managing and executing marijuana
inv estigations. Detectiv e Lawrence has executed 14 cannabis related
arrests, 33 enforcement operations, and 31 presentations to ov er
2,000 participants. SBCS is a local non-profit organization with a 50-
year history of dev eloping and implementing youth prev ention and
interv ention programs, including those funded by BSCC. The
proposed project will fall under SBCS’ Youth and Family W ellness
Department, ov erseen by Sandy Keaton. Ms. Keaton has ov er 20
years of experience working with justice inv olv ed youth and
programming. She will ov ersee the reporting and staff management,
as well as serv e as a liaison with CVPD. In addition, Ms. Keaton
prov ides direct ov ersight to Mandy Miscev ic, the Director of Youth
Prev ention, and Interv ention Programming. Ms. Miscev ic has 18
years’ experience with SBCS, currently works closely with local law
enforcement jurisdictions including CVPD and the Probation
Department and ov ersees numerous juv enile programs. She will
manage the day-to-day operations of the proposed program. The
YFDA will act as a liaison to CVPD and the CAT/YPI teams. Two YFDA
team members will be hired for this program (1 in year one, and 2 in
year two). Each member will hav e a minimum of two years working
with this population and assist in enrollment, screening and
facilitation of educational components of the project; maintain a
caseload of 20 youth, prov iding groups and indiv idual case
management. SANDAG has serv ed as the regional clearinghouse for
crime statistics in SDC for ov er 40 years, as well as an ev aluation
partner. Staff hav e undergone law enforcement background checks
and are educated and experienced with action research. Octav io
Rodriguez, Ph.D, will serv e as the lead ev aluator for this project with
ov er 16 years of policy expertise and grant management experience
through his work as a research scientist, writer and academic. Dr.
Rodriguez currently also manages four existing grant projects with
the BSCC and has gained v aluable insight from this hands on
experience.
Project W ork Plan (2.6) Please refer to the Project W ork Plan in
Appendix L.
Project Ev aluation
How Ev aluation Activ ities will be Incorporated in Project Phases (3.1)
The Applied Research Div ision of SANDAG will serv e as ev aluator.
SANDAG has worked extensiv ely with CVPD and SBCS on numerous
grants and projects, so there is a strong partnership to build on. To
ensure ongoing monitoring and quality control of proposed program
implementation, as well as documenting and assessing whether it is
achiev ing the intended goals and outcomes, SANDAG will conduct
both a process and outcome ev aluation. SANDAG staff will be
inv olv ed from the beginning of program dev elopment to ensure
ev aluation accurately measures program goals and objectiv es, to
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dev elop needed data collection tools, establish research timelines
and protocols, and finalize the Local Ev aluation Plan (LEP). SANDAG
will create easy to read data dashboards documenting up-to-date
information on client intakes, exits, and serv ices receiv ed, which will
be shared at meetings with partners to inform program
implementation and the need for any midcourse adjustments.
Process and Outcome Measures (3.2) SANDAG has extensiv e
experience with both process and outcomes measures and will work
with the partners to dev elop the LEP and produce the final ev aluation
report that includes v alid and reliable measures from multiple
sources. W henev er possible, data from existing systems (e.g.,CAT)
will be used. A list of potential process and outcome measures,
including the research question to be addressed and the source(s) of
the data is prov ided in the supplemental materials to this grant. Most
of the outcomes are indiv idual in nature and will focus on answering
the question of how effectiv e the model was and with whom. If
awarded the grant, during the ev aluation planning phase, all data
collection procedures and instruments will be dev eloped and
finalized in collaboration with the key program partners to ensure
v alid and reliable data are collected.
Monitoring to Ensure Components are Implemented as Intended (3.3)
Fidelity to model and program design is extremely important and as
such, SANDAG staff will work with the partners throughout the grant
period to understand the curriculum and proposed strategies,
identify fidelity monitoring tools, and conduct surv eys regarding
perception of serv ices receiv ed. W hen dev iations from original
strategies occur, these will also be documented, including the reason
why.
Plan for How to Collect and Ev aluate Data (3.4) SANDAG will work
closely with the partners to utilize existing systems whenev er
possible. Baseline data will include crime data (e.g., calls for serv ice,
arrest, code v iolations) and indiv idual lev el data. SANDAG staff hav e
required background checks and familiarity and experience with the
data systems that will be used to store and transfer data for the
project.
Methodology that will Assess if Intended Outcomes Achiev ed (3.5) As
described in Table 1 (and will be finalized in the LEP), a mixed-
method, quasi-experimental design will be employed to measure
change ov er time among participants. Descriptiv e, bi-v ariate, and
multi-v ariate analyses will be conducted to describe the population
and identify and factors predictiv e of success. As noted earlier, data
results will be shared throughout the grant period with program
stakeholders to inform program implementation and management.
PROJECT W ORK PLAN - Upload Required
6.-Project-W ork-Plan-Appendix_Final.docx
ADDITIONAL INFORMATION - OPTIONAL
Additional_Information_Final.docx
Page 111 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
SECTION IV:
PROPOSAL
BUDGET AND
NARRATIVE
The Budget sections must be filled out completely and accurately.
Applicants are solely responsible for the accuracy and completeness
of the information entered in the Budget Section. All project costs
must be directly related to the objectiv es and activ ities of the project
demonstrating how the funds will be used to address the local
need(s) due to the impact of legalizing cannabis in California. The
Budget Table must cov er the entire fiv e (5) year grant period.
Estimates beyond Year 1 of the grant are acceptable. For additional
guidance related to grant budgets, refer to the July 2020 BSCC Grant
Administration Guide, found under Quick Links on the Corrections
Planning and Grant Programs home page:
http://www.bscc.ca.gov /s_correctionsplanningandprograms/
Proposal Budget and Budget Narrative Attachment
P64C3-Budget-Attachment.xlsx
SECTION V -
ATTACHMENTS:
MANDATORY AND
OPTIONAL
The list of mandatory attachments are as follows: Letter of Eligibility
Certification of Compliance with BSCC Policies on Debarment, Fraud,
Theft, and Embezzlement Criteria for Non-Gov ernmental
Organizations Receiv ing BSCC Funds Letter(s) of Commitment
(upload as a single attachment if there are multiple letters) The
Gov erning Board Resolution attachment upload is optional at
Application submission. Howev er, it will be required if the project is
awarded Prop 64 Cohort 3 Grant Funds. These documents are stand-
alone documents av ailable on the BSCC Proposition 64 Homepage:
http://www.bscc.ca.gov /proposition-64-public-health-safety-grant-
program/. Download, complete, and upload where prompted below.
Letter of Eligibility
Letter_of_Eligibility_Signed.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement
Certificate_of_Compliance_Signed.pdf
Criteria for Non-Governmental Organizations Receiving BSCC Funds
Criteria_for_NGO_Signed.pdf
Letter(s) of Commitment
SBCS_LOC.pdf
SANDAG_LOC.pdf
Governing Board
Resolution (Optional)
n/a
Page 112 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
November 13, 2022
Board of State and Community Corrections
Subject: Letter of Commitment for Chula Vista Police Department’s Proposition 64
Cohort 3 Public Health and Safety Grant Program Request for Proposal
Dear Evaluation Committee:
The Criminal Justice Research Division (CJRD) of the San Diego Association of Governments
(SANDAG) supports Chula Vista Police Department’s (CVPD) proposal to the Board of State
and Community Corrections (BSCC) for its Proposition 64 Public Health and Safety Grant
Program, Request for Proposals Cohort 3. The proposed project will address both the
public safety and youth development and prevention components of the proposal.
CVPD will partner with South Bay Community Services (SBCS), one of the most respected
non-profit organizations in San Diego County, to implement a two-prong approach of both
enforcement and youth prevention and intervention services to address the local impact
of the legalization of cannabis in the City of Chula Vista. CVPD will focus on code
compliance to monitor legal dispensaries and target illegal ones, including ensuring legal
dispensaries are not selling products to youth under the age of 21. In concert with
enforcement and compliance, SBCS will implement evidence-based diversion, prevention,
and intervention services to increase awareness of the harm of marijuana, offer supports
and linkages to youth and families to who are at-risk of abuse, and provide educational
outreach to parents to raise their awareness of the risk and accessibility of related
marijuana use among youth.
At different times, CJRD has successfully partnered with both CVPD and SBCS on numerous
other federal and state funded projects. CJRD has trusting and long-standing relationships
with each organization, as both are deeply committed to using data to drive their
practices. For this project, CJRD will serve as the outside evaluator and conduct a process
and outcome evaluation to measure how the project was implemented and what effect it
had on the target population. Further, in this role, CJRD will work with CVPD and SBCS to
develop the Local Evaluation Plan, provide timely data to drive decisions, and complete
and submit the Final Local Evaluation Report, in accordance with instructions outlined in
the in the Prop 64 proposal.
CVPD and SBCS have a history of working together address the welfare of the community,
with success is supporting victims, at-risk youth, and families dealing with domestic
violence. Both organizations are highly respected in the community and dedicated to
carrying out their missions to serve the residents of Chula Vista through the provision of
evidence informed practices. CJRD is excited to again partner with CVPD and SBCS on this
project and support this application to the BSCC Proposition 64 Cohort 3 grant.
Sincerely,
Cynthia Burke
Cynthia Burke, Ph.D.
Senior Director, Data Science
Page 113 of 319
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v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Agreements: Amendments to Twenty On-Call Development and Housing Related Consultant Services
Agreements
Report Number: 23-0303
Location: No specific geographic location
Department: Development 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.
Recommended Action
Adopt a resolution approving amendments to extend the agreement term of twenty existing consultant
service agreements for on-call consultant services for Development and Housing related services in the areas
of Civil Engineering, Construction Cost Audit, Fiscal Analysis, Housing, Landscape Architecture and Planning
through June 30, 2024.
SUMMARY
The Development Services Department oversees a variety of private development projects that require
consultant services, including acting as a technical resource to City Staff in the areas of Civil Engineering,
Construction Cost Auditing, Fiscal Analysis, Housing, Landscape Architecture and Planning. On November 8,
2022, the City Council approved consultant services agreements with twenty such consults for a one-year
term, ending on November 30, 2023. The twenty (20) consulting firms are CR Associates, Inc, Ninyo & Moore,
RICK Engineering, Harris & Associates, Inc., NBS, Economic & Planning Systems, Inc., Keyser Marston
Associates, Inc., Willdan Financial Services, Ross Financial, Michael Baker International, RSG, Inc., DeLorenzo
International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A, Spurlock Landscape
Architects, DUDEK, Eilar Associates, Inc., RECON Environmental Inc., and TRC Engineers. This list of on-call
consultants allows City staff to obtain needed specific technical services in a timely fashion. Staff is
recommending that the term of these agreements be extended by six months, to June 30, 2024, to allow
Development Services time to complete a new Request for Qualifications (“RFQ”) process for these services.
The consultants selected with the new RFQ process will be presented to the City Council for consideration
under a future separate action.
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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
The City of Chula Vista (“City”) has an important business need for on-call consultant services that can
support the work of City staff during the permitting process for private development projects. The City has
many large complex projects in review throughout the City that require technical analysis in the areas of Civil
Engineering, Construction Cost Auditing, Fiscal Analysis, Housing, Landscape Architecture and Planning.
Cities of similar size as Chula Vista often utilize consultants for third party reviewers on technical analysis
associated with development projects, as City staff are not all experts in all of the various technical fields
that may be needed during the entitlement and development permitting process.
On November 8, 2022, the City Council approved consultant agreements for a one-year term and a not-to-
exceed contract amount of $500,000. Two consultant firms, Harris & Associates, Inc. and Michael Baker
International, were selected in two of the six categories. These two consultant firms each have one agreement
covering the two categories selected, with a not-to-exceed amount of $1,000,000 (Attachment 1).
Below is the full list of consultants selected by category:
Civil Engineering Services: CR Associates, Inc, Ninyo & Moore and RICK Engineering
Construction Cost Audit Services: Harris & Associates, Inc. and NBS
Fiscal Analysis Services: Economic & Planning Systems, Inc., Keyser Marston Associates, Inc. and Willdan
Financial Services
Housing Services: Harris & Associates, Inc., Ross Financial, Michael Baker International and RSG, Inc.
Landscape Architecture Services: DeLorenzo International, Deneen Powell Atelier, Inc, Estrada Land
Planning, Inc., KTU&A and Spurlock Landscape Architects
Planning Services: including review and/or preparing California Environmental Quality Act (“CEQA”)
technical studies: Michael Baker International, DUDEK, Eilar Associates, Inc., RECON Environmental Inc., and
TRC Engineers
These agreements allow for contract capacity for future work needs within Development Services
Department and other City Departments. Specific to the needs in Development Services, any work identified
for a consultant firm would be paid from developer deposit accounts and would not be paid from the General
Fund.
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P a g e | 3
The requested amendment to the existing agreements is for a time extension from December 1, 2023 to June
30, 2024 to allow the City time to complete the current RFQ process. Attachment 2 reflects the language for
the proposed extension for CR Associates, Inc. The exact same language is proposed to be applied for each of
the amendments to the twenty existing agreements.
On August 25, 2023, the City posted a solicitation for RFQ Q07-2024 to prequalify consultants to provide on-
call planning, civil engineering, landscape architecture, fiscal analysis, construction cost audit and housing
related services. This solicitation produced 22 respondents. Each category of consultant services has a team
of City staff reviewing the responses. Staff anticipates that this process will be completed in the next few
months. The consultants selected with the 2023 RFQ process will be presented to the City Council for
consideration under a future separate action.
Staff recommends that the City Council adopt the Resolution approving a term extension amendment to the
twenty existing consultant service agreements for various on-call professional service needs in the
Development Services Department.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this
action. Should services be needed for a specific private development project, those services would be paid
from the applicant’s deposit account.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action.
Should services be needed for a specific private development project, those services would be paid from the
applicant’s deposit account.
ATTACHMENTS
1. Resolution No. 2022-252
2. First Amendment Agreement CR Associates, Inc
Staff Contact: Laura C. Black, AICP, Director of Development Services
Page 116 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN EXTENSION OF TIME
BETWEEN THE CITY AND TWENTY CONSULTANTS TO
PROVIDE ON- CALL PROFESSIONAL SERVICES FOR CIVIL
ENGINEERING, CONSTRUCTION COST AUDIT, FISCAL
ANALYSIS, HOUSING, LANDSCAPE ARCHITECTURE AND
PLANNING SERVICES
WHEREAS, the City has a need for on-call consultants to provide professional services
to support ongoing development projects and City projects in the following professional service
categories: Civil Engineering, Construction Cost Audits, Fiscal Analysis, Housing, Landscape
Architecture, and Planning; and
WHEREAS, on March 12, 2021, the City issued a Request for Qualifications (“RFQ”)
for these on-call consultant professional services; and
WHEREAS, the City received forty (40) responses to the RFQ; and
WHEREAS, staff reviewed the submitted responses and selected a total of twenty (20)
consultant firms for award in the following professional service categories: Civil Engineering –
CR Associates, Inc, Ninyo & Moore, and RICK Engineering; Construction Cost Audit – Harris
& Associates, Inc. and NBS; Fiscal Analysis – Economic & Planning Systems, Inc., Keyser
Marston Associates, Inc., and Willdan Financial Services; Housing – Harris & Associates, Inc.,
Ross Financial, Michael Baker International and RSG, Inc.; Landscape Architecture –
DeLorenzo International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A, and
Spurlock Landscape Architects; and Planning – Michael Baker International, DUDEK, Eilar
Associates, Inc., RECON Environmental Inc., and TRC Engineers (collectively, “Consultant
Firms”); and
WHEREAS, the City Council approved a total of twenty (20) consultant service
agreements with the Consultant Firms on November 8, 2022, via Resolution No. 2022-252; and
WHEREAS, the consultant services agreements approved November 8, 2022 contained a
one year term and a not-to-exceed amount of $500,000 for each professional service category for
which a consultant was selected; and
WHEREAS, payments to Consultant Firms under the agreements are paid from developer
deposit accounts and not from the General Fund; and
WHEREAS, City issued a new RFQ for on-call consultant professional services in
August 25, 2023 and anticipates that the process for selecting consultants will be completed in
the next few months; and
WHEREAS, City has a continuing need to utilize the existing on-call Consultant Firms to
provide professional services until the 2023 RFQ process is completed; and
Page 117 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
WHEREAS, staff recommends that the City Council approve an amendment to each of
the existing twenty (20) consultant service agreements with Consultant Firms to extend each
agreement term through June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the amendments to the consultant service agreements approved via Resolution
No. 2022-252 between City and the Consultant Firms to extend the agreement terms through
June 30, 2024, with such minor modifications as may be required or approved by the City
Attorney, copies of which shall be kept on file in the Office of the City Clerk, and authorizes and
directs the City Manager or designee to execute the same.
Presented 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 118 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
DocuSign Envelope ID: E36F6539-70CD-45CE-A082-ODC86F622BEE
RESOLUTION NO. 2022-252
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENTS BETWEEN THE
CITY AND TWENTY CONSULTANTS TO PROVIDE ON-
CALL PROFESSIONAL SERVICES FOR CIVIL
ENGINEERING, CONSTRUCTION COST AUDIT, FISCAL
ANALYSIS, HOUSING, LANDSCAPE ARCHITECTURE, AND
PLANNING SERVICES
WHEREAS, the City has a need for on-call consultants to provide professional services to
support ongoing development projects and City projects in the following professional service
categories: Civil Engineering, Construction Cost Audits, Fiscal Analysis, Housing, Landscape
Architecture, and Planning; and
WHEREAS, on March 12, 2021, the City solicited a Request for Qualifications ("RFQ")
for these on-call consultant professional services; and
WHEREAS, the City received 40 responses to the RFQ; and
WHEREAS, staff reviewed the submitted responses and selected a total of twenty (20)
consultant firms for the award in the following professional service categories: Civil Engineering
CR Associates, Inc,Ninyo & Moore, and RICK Engineering; Construction Cost Audit—Harris
Associates, Inc. and NBS; Fiscal Analysis — Economic & Planning Systems, Inc., Keyser
Marston Associates, Inc., and Willdan Financial Services; Housing — Harris & Associates, Inc.,
Ross Financial, Michael Baker International and RSG, Inc.; Landscape Architecture—DeLorenzo
International, Deneen Powell Atelier, Inc, Estrada Land Planning, Inc., KTU&A, and Spurlock
Landscape Architects; and Planning — Michael Baker International, DUDEK, Eilar Associates,
Inc., RECON Environmental Inc., and TRC Engineers; and
WHEREAS, two of the consultant firms, Harris & Associates, Inc. and Michael Baker
International, were selected in two of the above professional service categories; and
WHEREAS, the proposed agreements would have a term of one year and a not-to-exceed
amount of$500,000 for each professional service category for which a consultant was selected; and
WHEREAS, payments to consultants under the agreements are to be paid from developer
deposit accounts and not from the General Fund; and
WHEREAS, staff recommends that the City Council adopt a resolution approving the
twenty(20) consultant service agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the consultant service agreements between the City of Chula Vista and twenty(20)
consultant firms to provide Civil Engineering, Construction Cost Audit,Fiscal Analysis, Housing,
Landscape Architecture, or Planning services, respectively, in the forms presented, with such
minor modifications as may be required or approved by the City Attorney, copies of which shall
be kept on file in the Office of the City Clerk, and authorizes and directs the City Manager or
designee to execute the same.
Page 119 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
DocuSign Envelope ID: E36F6539-70CD-45CE-A082-ODC86F622BEE
Resolution No. 2022-252
Page No. 2
Presented by Approved as to form by
DocuSigned by: DocuSigned by:
E68970191600('4('4 IF
Laura C. Black, AICP Glen R. Googins
Director of Development Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of November 2022 by the following vote:
AYES: Councilmembers:Cardenas,Galvez,McCann,Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
06tD7C0386456_.
Mary CasiIlas Salas, Mayor
ATTEST:
DocuSigned by:
30746104EAF342E...
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA
1, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2022-252 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 8th day of November 2022.
Executed this 8th day of November 2022.
30746104EAF342E
Kerry K. Bigelow, MMC, City Clerk
Page 120 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
City of Chula Vista Amendment to Agreement No.: 2023-###
Consultant Name: CR Associates, Inc. Rev. 1/24/2023
FIRST AMENDMENT
to Consultant Services Agreement between the
City of Chula Vista
and
CR Associates, Inc. For Civil Engineering Services
This FIRST AMENDMENT “Amendment” is entered into effective as of December 1, 2023
“Effective Date” by and between the City of Chula Vista (“City”) and CR Associates, Inc.
“Consultant” with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into Attachment 2 - Amendment to
CR Associates Inc Agreement.docx “Original Agreement” on December 1, 2022; and
WHEREAS, the City desires to employ the services of a consultant to provide civil
engineering services; and
WHEREAS, the City advertised for competitive requests for qualifications for said services
and after reviewing submitted responses, Consultant was chosen as one of the most qualified to
provide said services; and
WHEREAS, City and Consultant desire to amend the Original Agreement to extend the
agreement term through June 30, 2024 as more specifically set forth below; and
WHEREAS, City and Consultant agree that no additional compensation shall be provided
for the additional, reduced services through the extended service period; 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.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Consultant agree as follows:
1. The Original Agreement is amended as follows: Exhibit A, section 3 of the Original
Agreement, “Term”, is amended to replace “November 30, 2023” with “June 30,
2024.”
2. Except as expressly provided herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
3. 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 Amendment on
the behalf of such party are duly authorized agents with authority to do so.
Page 121 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
City of Chula Vista Amendment to Agreement No.: 2023-###
Consultant Name: CR Associates, Inc. Rev. 1/24/2023
(End of page. Next page is signature page.)
Page 122 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
City of Chula Vista Amendment to Agreement No.: 2023-###
Consultant Name: CR Associates, Inc. Rev. 1/24/2023
SIGNATURE PAGE TO FIRST
AMENDMENT
TO
ATTACHMENT 2 - AMENDMENT TO CR ASSOCIATES INC AGREEMENT.DOCX
CR ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Monique Chen MARIA V. KACHADOORIAN
Principal CITY MANAGER
APPROVED AS TO FORM
BY: _______________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
Page 123 of 319
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November 14, 2023 Post Agenda
v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Agreement: Approve the Fourth Amendment to the Legal Services Agreement with Colantuono, Highsmith &
Whatley, PC to Provide Legal Services Related to Local Gaming Operation Issues
Report Number: 23-0304
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 fourth amendment to the Legal Services Agreement with Colantuono
Highsmith & Whatley, PC to provide legal services related to local gaming operations issues through June 8,
2024 for a not to exceed amount of $100,000.
SUMMARY
The City of Chula Vista exercises local authority over gaming operations in its jurisdiction, which requires
legal review and consultation from time to time. This amendment to a Legal Services Agreement will allow
the City to continue to utilize the legal services of Colantuono, Highsmith & Whatley, PC for ongoing local
gaming operations authority matters.
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
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November 14, 2023 Post Agenda
P a g e | 2
DISCUSSION
The City of Chula Vista currently exercises local authority over gaming operations within its jurisdiction and
contracts with outside legal counsel from time to time for legal review, consultation, and expertise in this
area. In accordance with the City’s charter, the City Attorney oversees contracts for legal and related
professional services. Chula Vista Municipal Code section 2.56.110(F) requires City Council approval of most
legal services contracts in excess of $50,000.
The City Attorney’s office initially entered into a Legal Services Agreement (“LSA”) with the law firm of
Colantuono, Highsmith & Whatley, PC for legal services related to local authority over gaming operations in
June 2022 in a not to exceed amount of $10,000. The Legal Services Agreement specified an initial one yar
term, with an option to extend the agreement for five additional one-year terms. The LSA was amended in
October 2022, January 2023, and March 2023 to increase the not to exceed amount to a total of $65,000. Due
to an ongoing need for legal services in regard to local authority over gaming operations, the City Attorney’s
office seeks to amend the LSA again to exercise the first of five options to extend through June 8, 2024 and to
increase the not to exceed amount from $65,000 to $100,000. As this proposed third amendment to the LSA
would result in a legal services contract in excess of $50,000, staff requests City Council approval of such
amendment.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact as the funds used to pay this contract will be offset by salary savings in
the City Attorney Department budget.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Legal Services Agreement with Colantuono Highsmith & Whatley
2. First Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
3. Second Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
4. Third Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
5. Proposed Fourth Amendment to Legal Services Agreement with Colantuono Highsmith & Whatley
Staff Contact: Megan McClurg, Assistant City Attorney
Eric Crockett, Deputy City Manager
Page 125 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FOURTH AMENDMENT
TO THE LEGAL SERVICES AGREEMENT FOR LEGAL
SERVICES RELATED TO GAMING OPERATIONS BETWEEN
THE CITY AND COLANTUONO, HIGHSMITH & WHATLEY,
PC
WHEREAS, the City previously entered into a legal services agreement with Colantuono,
Highsmith & Whatley, PC, on June 9, 2022 to provide legal services related to local authority for
gaming operations (“Legal Services Agreement”); and
WHEREAS, Section 1 of the Legal Services Agreement provides that the term of the
agreement shall continue for one year after the effective date and then may be extended for up to
five one-year increments; and
WHEREAS, Section 3.1 of the Legal Services Agreement provided that Colantuono,
Highsmith & Whatley, PC’s compensation shall not exceed $10,000; and
WHEREAS, City subsequently entered into first amendment to the Legal Services
Agreement to amend Section 3.1 to increase the not to exceed amount of compensation to $40,000,
a second amendment to the Legal Services Agreement to amend Section 3.1 to increase the not to
exceed amount of compensation to $50,000; and a third amendment to the Legal Services
Agreement to amend Section 3.1 to increase the not to exceed amount of compensation to $65,000;
and
WHEREAS, there is a continued need for legal services related to local authority for
gaming operations, extending beyond the initial one year term and resulting in additional costs;
and
WHEREAS, staff therefore recommends approving the Fourth Amendment to the Legal
Services Agreement, exercising the first of five options to extend the agreement for one year
through June 8, 2024 and increasing the not to exceed compensation amount from $65,000 to
$100,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Fourth Amendment to the Legal Services Agreement for legal services related
to local authority for gaming operations, 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.
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Resolution No.
Page 2
Presented by Approved as to form
By:
Eric Crockett Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Legal Services Agreement (“Agreement”) is entered into June 9, 2022(“Effective Date”),
by and between the City of Chula Vista (“City”) and Colantuono, Highsmith & Whatley, PC
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, advising the City on local authority regarding gaming operations (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 $10,000 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:
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Senior Counsel $385.00/hour
Associate Attorneys $350.00/hour
Paralegal $180.00/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.
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
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
619) 585-5731
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.
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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.
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
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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
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
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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.
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:
Michael Colantuono
Colantuono, Highsmith & Whatley, P.C.
420 Sierra College Drive, Suite 140
Grass Valley, CA 95945-7357
b. Address of City is as follows:
Glen Googins, City Attorney
City of Chula Vista Attorney’s Office
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.
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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.
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.
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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: ________________________________________________________
Michael G. Colantuono, President
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STATEMENT OF ECONOMIC INTERESTS
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH, WHATLEY, PC
Attorney: Michael G. Colantuono
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;
3. Investments, business positions, interests in real property, and sources of income
subject to the regulatory, permit or licensing authority of the department;
4. Investments and business positions in business entities and sources of income that
engage in land development, construction or the acquisition or sale of real property;
5. Investments and business positions in business entities and sources of income that,
within the past two years, have contracted with the City of Chula Vista to provide services,
supplies, materials, machinery or equipment;
6. Investments and business positions in business entities and sources of income that
within the past two years, have contracted with the designated employee’s department to
provide services, supplies, materials, machinery or equipment;
7. List interests in real property within 2 radial miles of Project Property, if any:
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1st Amendment to LSA-Seven Mile Casino gaming operations
FIRST AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this
effective day of October 24, 2022 (“Effective Date”), by and between the City of Chula Vista (“City”)
and Colantuono, Highsmith & Whatley, PC (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City related to advising the
City on local authority regarding gaming operations pursuant to a Legal Services Agreement between
City and Attorney effective June 9, 2022 (“Legal Services Agreement”); and
WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services
Agreement shall not exceed $10,000.00 without the express written authorization of the City; and
WHEREAS, the services by Attorney are to include continued assistance in advising the City on
local authority regarding gaming operations, which will result in additional costs exceeding $10,000.00.
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 ten thousand dollars ($10,000.00) to forty thousand dollars ($40,000.00).
2. Costs that exceeded $10,000.00 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)
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1st Amendment to LSA-Seven Mile Casino gaming operations
FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
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: ________________________________________________________
Glen R. Googins, City Attorney
ATTORNEY
By: ________________________________________________________
Michael G. Colantuono, President
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2nd Amendment to LSA-Seven Mile Casino gaming operations 1.3.23
SECOND AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into
this effective day of January 3, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”)
and Colantuono, Highsmith & Whatley, PC (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City related to advising the
City on local authority regarding gaming operations pursuant to a Legal Services Agreement between
City and Attorney effective June 9, 2022 (“Legal Services Agreement”); and
WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services
Agreement shall not exceed $10,000.00 without the express written authorization of the City; and
WHEREAS, City and Attorney entered into a First Amendment to Legal Services Agreement on
October 24, 2022 (“First Amendment”) amending Section 3.1 of the Original Agreement to change the
not to exceed amount from ten thousand dollars ($10,000.00) to forty thousand dollars ($40,000.00)
Original Agreement and First Amendment collectively, “Agreements”); and
WHEREAS, the services by Attorney are to include continued assistance in advising the City on
local authority regarding gaming operations, which will result in additional costs exceeding $40,000.00.
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 forty thousand dollars ($40,000.00) to fifty thousand dollars ($50,000.00).
2. Costs that exceeded $40,000.00 that were incurred under the Legal Services Agreement but
prior to this Second Amendment are to be covered and compensated by this Second
Amendment.
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)
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2nd Amendment to LSA-Seven Mile Casino gaming operations 1.3.23
SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
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: ________________________________________________________
Glen R. Googins, City Attorney
ATTORNEY
By: ________________________________________________________
Michael G. Colantuono, President
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THIRD AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Third Amendment to Legal Services Agreement (“Third Amendment”) is entered into this
effective day of March 28, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”)
and Colantuono, Highsmith & Whatley, PC (“Attorney”) (City and Attorney together, “Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City related to advising the
City on local authority regarding gaming operations pursuant to a Legal Services Agreement between
City and Attorney effective June 9, 2022 (“Legal Services Agreement”); and
WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services
Agreement shall not exceed $10,000.00 without the express written authorization of the City; and
WHEREAS, City and Attorney entered into a First Amendment to Legal Services Agreement on
October 24, 2022 amending Section 3.1 of the Legal Services Agreement to change the not to exceed
amount from ten thousand dollars ($10,000.00) to forty thousand dollars ($40,000.00); and
WHEREAS, City and Attorney entered into a Second Amendment to Legal Services Agreement
on January 3, 2023 amending Section 3.1 of the Legal Services Agreement to change the not to exceed
amount from forty thousand dollars ($40,000.00) to fifty thousand dollars ($50,000); and
WHEREAS, the services by Attorney are to include continued assistance in advising the City on
local authority regarding gaming operations, which will result 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 sixty-five thousand dollars ($65,000.00).
2. Costs that exceeded $50,000.00 that were incurred under the Legal Services Agreement but
prior to this Third Amendment are to be covered and compensated by this Third 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)
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THIRD AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Third Amendment where indicated below, City and
Attorney agree that they have read and understood all terms and conditions of this Third Amendment,
that they fully agree and consent to be bound by same, and that they are freely entering into this Third
Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________
Michael G. Colantuono, President
DocuSign Envelope ID: 5909F6A6-03BC-44AB-A8EB-903C90AAB7A1
for
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FOURTH AMENDMENT TO
LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
COLANTUONO, HIGHSMITH & WHATLEY, PC
This Fourth Amendment to Legal Services Agreement (“Fourth Amendment”) is entered into
this effective day of November 14, 2023 (“Effective Date”), by and between the City of Chula Vista
(“City”) and Colantuono, Highsmith & Whatley, PC (“Attorney”) (City and Attorney together,
“Parties”).
RECITAL
WHEREAS, Attorney has provided legal services on behalf of the City related to advising the
City on local authority regarding gaming operations pursuant to a Legal Services Agreement between
City and Attorney effective June 9, 2022 (“Legal Services Agreement”); and
WHEREAS, the Legal Services Agreement, in Section 1, provides that the term of the Legal
Services Agreement shall continue for one year after the effective date and then may be extended for up
to five one-year increments; and
WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services
Agreement shall not exceed $10,000.00 without the express written authorization of the City; and
WHEREAS, City and Attorney entered into a First Amendment to Legal Services Agreement on
October 24, 2022 amending Section 3.1 of the Legal Services Agreement to change the not to exceed
amount from ten thousand dollars ($10,000.00) to forty thousand dollars ($40,000.00); and
WHEREAS, City and Attorney entered into a Second Amendment to Legal Services Agreement
on January 3, 2023 amending Section 3.1 of the Legal Services Agreement to change the not to exceed
amount from forty thousand dollars ($40,000.00) to fifty thousand dollars ($50,000); and
WHEREAS, City and Attorney entered into a Third Amendment to Legal Services Agreement
on March 28, 2023 to change the not to exceed amount from fifty thousand dollars ($50,000) to sixty-
five thousand dollars ($65,000); and
WHEREAS, City has a continuing need for legal services by Attorney related to local authority
gaming operations issues, which will result in additional costs exceeding $65,000.00 and extend beyond
the initial one year term of the Legal Services Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Pursuant to Section 1 of the Legal Services Agreement, the City hereby exercises the first of
five options to extend the term of the Legal Services Agreement through June 8, 2024.
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Page 2 of 2
2. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount
from sixty-five thousand dollars ($65,000.00) to one hundred thousand dollars ($100,000.00).
3. Costs that exceeded $65,000.00 that were incurred under the Legal Services Agreement but
prior to this Fourth Amendment are to be covered and compensated by this Fourth
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)
FOURTH AMENDMENT TO LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA AND COLANTUONO, HIGHSMITH & WHATLEY, PC
SIGNATURE PAGE
IN WITNESS WHEREOF, by executing this Fourth Amendment where indicated below, City and
Attorney agree that they have read and understood all terms and conditions of this Fourth Amendment,
that they fully agree and consent to be bound by same, and that they are freely entering into this Fourth
Amendment as of Effective Date.
CITY OF CHULA VISTA
By: ________________________________________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak LLP
Acting City Attorney
ATTORNEY
By: ________________________________________________________
Michael G. Colantuono, President
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CHULA VISTA
council as elected officials
representing Chula Vista have the
authority and obligation to
Censure Andrea for unethical abuse
of community trust
Suspend Andrea
suspended for 30 days without pay ,
for unethical abuse of community trust
Expel ANDREA from the City Council
for unethical abuse of community trust.
Yes there are municipal codes, and it should
be done.
Council members should solve the problem.
Written Communications
Public Comment - Acosta
Page 144 of 319
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Chula Vista City attorney
As the city attorney is obligated to protect
Chula Vista and the following charges
should be file against
Andrea Cardenas and Jose Preciado
For the following Violations
RICO ACT
HATCH ACT
SB 1439 SECTION 8430
CORRUPTION
WRONGDOING
ABUSE OF PWER
BREACH PF THEIR DUTIES OF CARE FOR THEIR DISTRIC
CITY AND RESIDENTS
BREACHED OF DUTY OF FULL DICLOSURE
LOCK OF FULL DICLOSURE
Lock of transparency
Back-room deals
Written Communications
Public Comment - Acosta
Page 145 of 319
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November 14, 2023 Post Agenda
From: alan mil <alanmil99@gmail.com>
Sent: Tuesday, November 14, 2023 8:45 AM
To:
Subject: Fwd: Call for Cardenas Resignation - Press Conference Tues.
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
@ CITY CLERK - Please enter entire email and JPGs into public record. I have sent a separate
email with PowerPoint attachment for my public speaking today. A long Email list, feel free to
delete email listing prior entering public record.
COPY TO
NEWS
MAYORS
SUPERVISORS
SANDAG BOARD
SAN DIEGO CITY COUNCIL
CHULA VISTA CITY COUNCIL
and to
BCC EMAIL PROTECTED HIDDEN
CONSTITUENTS VOTERS TAX PAYERS
Good morning,
Please attend speak today Chula Vista City Council
NON AGENDA 6 - ANDREA CARDENAS STEP DOWN!
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=040a3908-f3df-421f-a874-
f8f0bc258be0&Agenda=Agenda&lang=English
SEE FORWARDED EMAIL
PRESS CONFERENCE TODAY 4PM
City Hall 276 Fourth Avenue, Chula Vista
CARDENAS SIBLINGS PLEADED NOT GUILTY NOV 9 2023
MAYOR AND COUNCIL PRECIADO CALL FOR ANDREA CARDENAS RESIGN
https://www.thestarnews.com/mayor-cardenas-must-go/
Andrea Cardenas CHARGED MONEY LAUNDERING
https://voiceofsandiego.org/2023/11/04/politics-report-how-big-will-the-cardenas-fallout-be/
Written Communications
Public Comment - Curry
Page 146 of 319
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November 14, 2023 Post Agenda
PDF - SAN DIEGO DISTRICT ATTORNEY CHARGES FILING
https://voiceofsandiego.org/wp-content/uploads/2023/11/DAclaimscardenas.pdf
Cardenas siblings have worked for consulting clients who have financial interests before the
same government entities where the candidates ran for office, including marijuana
dispensaries, developers, and the San Diego County Deputy Sheriffs' union.
https://laprensa.org/massive-campaign-cheating-scheme-run-democratic-consultants
Two Questions:
1. WHY DID FEDS ALLOW COVID FUNDS FOR POLITICAL OPERATIVES?
Aside from criminal charge of claiming cannabis employees as part of Grassroots Resource
Democrat consulting firm owned by Council Andrea Cardenas brother Jesus Cardenas; OUR
TAXES APPROVED BY FEDS PPP COVID RELIEF FUNDS PAID POLITICAL PARTY OPERATIVE
GRASSROOTS FOR THEIR ELECTION WINS! WHILE BUSINESSES SUFFERED FORCED CLOSED BY
POLITICIANS AND STILL FORCED PAY TAXES FUNDING DEMOCRAT POLITICAL OPERATIVES TO
WIN ELECTIONS!
https://www.sandiegouniontribune.com/news/watchdog/story/2022-09-17/chula-vista-andrea-
cardenas-campaign-complaint
2. WHY WERE CANNABIS EMPLOYEES LISTED FOR PPP RELIEF WHEN CANNABIS DISPENSARIES
WERE LISTED ESSENTIAL BUSINESS THAT NEVER LOCKED DOWN?
THE CRIMINAL CHARGE NOT FILED USING CANNABIS EMPLOYEES ON BUSINESSES NEVER
CLOSED TO GAIN PPP LOANS. So many businesses were ordered to close, yet taxes never
stopped. While many businesses forced closed, people lost jobs yet all still had to pay sales
tax, property tax and city permits. Small rentals forced to keep tenants that could not pay
rent; yet the rental owners still had to pay tax and permits. Government collected all our
taxes for paying their workforce even when city services paused while many private business
lost everything and shuttered permanently.
https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf
Written Communications
Public Comment - Curry
Page 147 of 319
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November 14, 2023 Post Agenda
ANDREA CARDENAS CONFLICT INTEREST
MUST RECUSE ANY BUSINESS PERMIT DECISION
DID NOT RECUSE = CANNABIS BUSINESS DENIED PERMIT SUES
https://voiceofsandiego.org/2022/08/08/already-a-mess-chula-vistas-capricious-cannabis-permit-
process-scrambled-even-more-by-court-ruling/
ANDREA CARDENAS DISTRICT TWO CANNABIS DISPENSARIES APPROVED
LOCATED IN SAME PARKING LOT TWO BLOCKS FROM ELEMENTARY SCHOOL
HHSA SERVICES DOWN THE STREET IS SURROUNDED BY HOMELESS TENTS
1208 Broadway https://e7ca.com/our-locations/chula-vista/
1214 Broadway https://www.harvesthoc.com/locations/california/chula-vista/harvest-of-chula-vista/
HHSA ENCOURAGE DRUG TENTS NEXT TO SCHOOL AND PARK
https://sandiegocounty.gov/content/sdc/hhsa/facilities/south/south_region_public_health_ce
Written Communications
Public Comment - Curry
Page 148 of 319
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November 14, 2023 Post Agenda
nter.html
HARBORSIDE PARK CLOSED FOR OVER A YEAR
https://www.kusi.com/chula-vista-considers-closing-harborside-park-due-to-out-of-control-homeless-
situation/
Written Communications
Public Comment - Curry
Page 149 of 319
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DUE TO CRIME CHULA VISTA TARGET BROADWAY IN THE
SAME PARKING AS CANNABIS DISPENSARIES LOCKS UP $3 SOAP
The Harbor Collective dispensary in Barrio Logan is one of San Diego’s earliest legal
Written Communications
Public Comment - Curry
Page 150 of 319
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November 14, 2023 Post Agenda
marijuana dispensaries; it is permitted by the city and was listed as a client of Grassroots
Resources in financial disclosures submitted by Cardenas."
https://www.sandiegouniontribune.com/news/watchdog/story/2023-02-25/jesus-cardenas-
to-close-grassroots-resources
Chula Vista Cannabis Regulation
0501 B.4.c. "An individual or entity with an ownership interest of 10% or more in a cannabis
business may only be associated with ONE RETAIL LICENSE APPLICATION PER COUNCIL
DISTRICT"
https://www.chulavistaca.gov/home/showpublisheddocument/18432/637616827548500000
Written Communications
Public Comment - Curry
Page 151 of 319
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Forwarded message ---------
From: Call for Cardenas Resignation
Date: Mon, Nov 13, 2023 at 5:22 PM
Subject: Call for Cardenas Resignation - Press Conference Tues.
Written Communications
Public Comment - Curry
Page 152 of 319
City of Chula Vista City Council
November 14, 2023 Post Agenda
Tip: Delete the unsubscribe link at the bottom before forwarding to avoid someone else
unsubscribing you.
Chula Vista
Press
Conference
and
Council
Meeting
Andrea
Cardenas needs
to be removed
from her
SANDAG
appointment
and replaced by
Mayor John
McCann
Preciado and
Chavez should
not be
appointed to
SANDAG as
they are
connected to
Jesus Cardenas
also. Gonzalez
is too short
term to have our
best interest.
FOR IMMEDIATE RELEASE
Press Contact- Russ Hall (619)742-8365
COMMUNITY LEADERS TO DEMAND RESIGNATION
OF CHULA VISTA CITY COUNCILMEMBER ANDREA
CARDENAS
Chula Vista, CA – Chula Vista community members will hold
a press conference to call for the immediate resignation of
Chula Vista City Councilmember Andrea Cardenas. The
press conference is scheduled for Nov.14 at 4 pm in front of
the Chula Vista City Hall, located at 276 Fourth Ave., Chula
Vista, CA, 91910.
This call to action comes in light of recent indictments by the
San Diego County District Attorney, charging Andrea
Cardenas and her brother Jesus Cardenas with multiple
felonies related to fraudulent activity involving COVID-19
relief funds. The siblings are accused of misappropriating
approximately $176,000 in federal funds provided to
Grassroots Resources, a political consulting firm founded by
Jesus Cardenas.
The charges include conspiring to defraud the federal
government of COVID-19 relief funds allocated through the
Paycheck Protection Program, intended to support
businesses and their employees during the pandemic.
Instead, these funds were allegedly used for personal gain,
with Andrea Cardenas accused of directing $35,000 to her
personal checking account and subsequently transferring
33,500 to her council campaign account.
Chula Vista deserves representatives who serve with
integrity and uphold the public trust,” said Russ Hall, a
lifelong Chula Vista resident.
The alleged actions of Councilmember Cardenas are a
betrayal to our community and a misuse of vital pandemic
relief funds intended to support struggling businesses and
families. We cannot stand by and allow this gross
misconduct to go unanswered.”
Written Communications
Public Comment - Curry
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Community members are encouraged to attend the press
conference and stand in solidarity with Hall and other
leaders in demanding accountability and the resignation of
Andrea Cardenas from the Chula Vista City Council
Written Communications
Public Comment - Curry
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Joseph A Raso
Telephone
Honorable Mayor & City Council 11/14/23
Individuals are permitted to address the City Council
for only three minutes. Realizing this, over the past
several months I have been methodically presenting to
you, in three minute segments, a fifteen page report
outlining at the negative side effects of the “Tenant
Protection Ordinance”. This report was composed solely
from City Staff supplied data.
I believe, in my heart, once this City Council
recognizes the harm the TPO has been brought upon
Chula Vista renters, the sooner our Council will enact
changes bringing relief to those in our community who
can least afford.
I have been a Chula Vista Landlord for over a half a
century. My wife, Mary and I have created lifelong
friendships, with many tenants having been with us for
10, 20, even 30 years. Our goal has been to provide for
our residents with comfortable affordable housing.
Because of my expertise in management and
maintenance, we have been largely successful in that
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endeavor. However, upon the passing of the “Tenant
Protection Ordinance”, all our efforts contributing to a
stable family friendly community have ground to a halt.
Threatening Landlords and/or Tenants $5,000.00
daily fines for simple clerical errors absolutely devastates
renters by forcing Landlords to drastically raise rents.
I urge you to study the fifteen page report outlining
“The Negative Side Effects of The Tenant Protection
Ordinance”. It is an easy read. You can reference the
“Tenant Protection Ordinance” and the “Tenant Protection
Ordinance Administrative Regulations” in order to
confirm that every word in this report is true and accurate.
Although The TPO contains many clauses which are
detrimental to Chula Vista renters, the following two
Clauses are absolutely devastating to tenants.
Clause 9.65.060E states if a tenant terminates their lease
and moves away, “Owners and Tenants shall provide
City with information regarding termination of
Tenancies at such time(s) and with such details as shall
be required by city in the attendant Administration
Regulations.”
Failure to accurately comply because of simple
paperwork errors results in Tenants and/or Owners subject
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$5,000.00 daily fines WITH NO OPPORTUNITY TO
MAKE CORRECTIONS. (See Clause below)
Clause 9.65.080C2 States: “Civil penalties for violations
of this chapter may be assessed at a rate not to exceed
$5,000 per violation per day. When a violation occurs 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.”
Well meaning Landlords and Tenants should receive
a warning if a clerical error has been made. I request staff
be instructed to modify The “Tenant Protection
Ordinance” to remove the five underlined words above.
This would allow Landlords and/or Tenants to correct
paperwork errors. Make note: You should expect
resistance from staff to modify the TPO with the
following two excuses.
Excuse #1: It is difficult to differentiate between an
inadvertent error or willful misconduct.
We have been informed, by City Staff, the five
underlined words above were purposely added in order to
ease enforcement of the “Tenant Protection Ordinance”.
Staff prefers not to be required to warn Owners and/or
Tenants who are in violation of the Ordinance. Staff
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maintains it is difficult to differentiate between an
inadvertent error or willful misconduct.
With such flawed logic, the CVPD might as well ticket
everyone driving down the road as opposed separating
speeders from conscientious drivers. 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.
Excuse #2: There is simply is not enough “Bad Actors”
to generate sufficient income.
Staff continues to maintain 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 were added to
generate sufficient income to support the burgeoning staff
assembled to enforce The “TPO”. Staff needs the option
to levy fines on well meaning Owners and/or Tenants.
The Mere Threat of a $5,000.00 Daily Fine Reeks
Havoc on Renters:
Those attending workshops, were informed that staff
would most likely ignore enforcement of the harshest
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penalties authorized in The “Tenant Protection
Ordinance.” Ironically, staff does not have to actually
fine Owners to burden Chula Vista renters with financial
hardship. 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 in order 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 required 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
find a way to circumvent the law. This simplifies the process
of identifying and levying fines against “Bad Actors”.
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How The TPO Effects Our Tenants:
In the past, Mary and I have had to levy only modest
$25.00 annual rent adjustments. With the passage of the
TPO authorizing $5,000.00 fines for simple paperwork
errors, the situation had changed drastically. Effective early
2023, we were forced to adjust some rents by as much a
$220.00 with an additional $180.00 increase due early 2024.
In my half century of providing Landlord services to our
community, I HAVE NEVER seen an action taken by the
Chula Vista City Council more financially devastating to the
renters of our community than “The Tenant Protection
Ordinance”. I am confident if the TPO were modified to
remove the five underlined words “it is not required that”
we could reduce monthly rents by as much as $400.00.
I will attempt to meet with you next Council Meeting in
order to monitor your progress in correcting the harmful
effects of The “TPO”. Thank You.
Joseph A Raso
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ADMINISTRATIVE REGULATIONS
TENANT PROTECTION ORDINANCE
Effective April 20, 2023
HOUSING &
HOMELESS SERVICES
Written Communication
Item #: PC Name: Joe Raso
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Tenant Protection Regulations April 20, 2023
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
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Tenant Protection Regulations April 20, 2023
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)] ...............................................................................................................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
Cause Termination of Tenancy ..................................................................................................... v
Appendix E Voluntary Tenant Information Upon Residential Rental Complex Notice of No-Fault
Just Cause Termination of Tenancy ............................................................................................ vi
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Tenant Protection Regulations April 20, 2023
020 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 implemen tation 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.gov/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.gov/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 listserv at :
www.chulavistaca.gov/landlordtenant.
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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.
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Tenant Protection Regulations April 20, 2023
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 -Fault Just 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(B) 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.
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Tenant Protection Regulations April 20, 2023
Acceptable No-Fault Termination of
Tenancy Delivery Formats
Delivery Confirmation
Hand delivery to City at:
City of Chula Vista
Housing & Homeless Services
276 Fourth Avenue
Chula Vista, CA 91910
Hand stamped & signed copy of delivery packet.
Web based form found at
www.chulavistaca.gov/landlordtenant
Email confirmation generated by form.
USPS Certified Mail to:
City of Chula Vista
Housing & Homeless Services
276 Fourth Avenue
Chula Vista, CA 91910
USPS Certified Mail Confirmation Receipt.
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 they 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 Tenanc y 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
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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.
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Appendices
(Page Intentionally Left Blank)
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Guidelines to CVMC 9.65 April 20, 2023
Appendix A
Tenant Protection Ordinance Flow Chart (Guide Only)
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Appendix B
Required Notice of Applicable Law for Properties
EXEMPT FROM CVMC 9.65 [Section 9.65.040(C)(2)]
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 9.65.040(C) 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.
Esta propiedad no está sujeta a los límites de alquiler impuestos por la Sección 1947.12 del
Código Civil y no está sujeta a los requisitos de Causa Justa de la Sección 1946.2 del Código Civil
y el Capítulo 9.65 del Código Municipal de Chula Vista. Esta propiedad cumple con los requisitos
de las secciones 1947.12(d)(5) y 1946.2(e)(8) del Código Civil y la sección 9.65.040(C) del Código
Municipal de Chula Vista, y el Propietario no es ninguno de los siguientes: (1) un fideicomiso de
inversión en bienes raíces, según se define en la Sección 856 del Código de Rentas Internas; (2)
una corporación; o (3) una sociedad de responsabilidad limitada en la que al menos un miembro
es una corporación. (Spanish)
该物业不受《加州公民法典》(California Civic Code)第 1947.12 条规定的租金限制，也不受
《加州公民法典》(California Civic Code)第 1946.2 条和《丘拉维斯塔市政法典》(Chula Vista
Municipal Code) 第 9.65 章的正当理由要求的限制。该物业符合《加州公民法典》
(California Civic Code) 第 1947.12(d)(5) 和 1946.2(e)(8) 节以及《丘拉维斯塔市政法典》(Chula
Vista Municipal Code) 第 9.65.040(C) 节的要求，业主不是以下任何人: (1) 房地产投资信托，
定义见 国内税收法典 (Section 856 of the Internal Revenue Code) 第 856 条； (2) 公司； (3) 至
少有一名成员是公司的有限责任公司。(Chinese)
Ang ari-arian na ito ay hindi napapailalim sa mga limistasyon sa upa/renta na ipinataw ng Seksyon
1947.12 ng Civil Code at hindi napapailalim sa mga kinakailangan ng Dahilan na Naaayon sa
Pamantayan (Just Cause) Seksyon 1946.2 ng Civil Code at Chapter 9.65 ng Municipal Code ng
Chula Vista. Nakakatugon ang ari-arian na ito sa mga kinakailangan ng mga seksyon 1947.12(d)(5)
at 1946.2(e)(8) ng Civil Code at seksyon 9.65.040(C) ng Municipal Code ng Chula Vista, at ang
May-ari ay hindi alinman sa mga sumusunod: (1) isang real estate investment trust, gaya ng
tinukoy sa Seksyon 856 ng Internal Revenue Code; (2) isang korporasyon; o (3) isang kompanyang
limitado ang pananagutan (limited liability company) kung saan hindi bababa sa isang miyembro
ay isang korporasyon. (Tagalog)
(Cont.)
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Page 2 - Required Notice of Applicable Law for Properties
EXEMPT FROM CVMC 9.65 [Section 9.65.040(C)(2)]
Tài sản này không bị ảnh hưởng bởi các giới hạn tiền thuê theo Mục 1947.12 của Bộ luật Dân sự
và không bị ảnh hưởng bởi các yêu cầu về Lý do Chính đáng của Mục 1946.2 của Bộ luật Dân sự
và Chương 9.65 của Bộ luật Thành phố Chula Vista. Bất động sản này đáp ứng các yêu cầu của
các mục 1947.12(d)(5) và 1946.2(e)(8) của Bộ luật Dân sự và mục 9.65.040(C) của Bộ luật Thành
phố Chula Vista và Chủ sở hữu không phải là bất kỳ đối tượng nào sau đây : (1) công ty ủy thác
đầu tư bất động sản, như được định nghĩa trong Mục 856 của Bộ luật Doanh thu Thuế Nội địa;
(2) một tập đoàn; hoặc (3) công ty trách nhiệm hữu hạn trong đó có ít nhất một thành viên là
một tập đoàn. (Vietnamese)
본 부동산은 민법 1947.12항에 의해 부과된 임대료 제한의 적용을 받지 않으며 민법
1946.2항 및 출라 비스타 시법 9.65장의 정당한 사유 요건의 적용을 받지 않습니다. 본
부동산은 민법 1947.12(d)(5)항 및 1946.2(e)(8)항과 출라 비스타 시법 9.65.040(C)항의 요건을
충족하며 소유자는 다음 중 어느 것에도 해당 사항이 없습니다. : (1) IRS법의 856항에 정의된
부동산 투자 신탁 (2) 법인 또는 (3) 최소 한 명의 구성원이 있는 유한책임회사 (Korean)
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Appendix C
Required Notice of Tenant Protections for Properties
SUBJECT TO CVMC 9.65 [Section 9.65.060(D)]
California law limits the amount your rent can be increased. See Civil Code section 1947.12 for
more information. Local law also provides a landlord must provide a statement of cause in any
notice to terminate a tenancy. In some circumstances, tenants who are elderly (62 years or older)
or disabled may be entitled to additional tenant protections. See Chula Vista Municipal Code
chapter 9.65 for more information.
La ley de California limita la cantidad que puede aumentar su alquiler. Consulte la sección 1947.12
para obtener más información. La ley local también establece que el Propietario debe
proporcionar una declaración de causa en cualquier notificación para rescindir un contrato de
Arrendamiento. En algunas circunstancias, los Inquilinos de edad avanzada (62 años o más) o
discapacitados pueden tener derecho a protecciones adicionales para Inquilinos. Consulte el
capítulo 9.65 del Código Municipal de Chula Vista para obtener más información. (Spanish)
加州法律限制您可以增加的租金数额。有关详细信息，请参阅《加州公民法典》
(California Civic Code) 第 1947.12 节。当地法律还规定，业主必须在终止租赁的任何通知中
提供事由声明。在某些情况下，年长（62 岁或以上）或残疾的租户可能有权获得额外的
租户保护。有关详细信息，请参阅丘拉维斯塔市政法典(Chula Vista Municipal Code) 第 9.65
章。(Chinese)
Nililimitahan ng batas ng California ang halaga na maaaring itaas ng iyong upa/renta. Tingnan ang
Civil Code seksyon 1947.12 para sa karagdagang impormasyon. Isinasaad rin ng lokal na batas na
ang isang May-ari ay dapat magbigay ng pahayag ng dahilan sa anumang abiso/pabatid upang
wakasan ang isang Pangungupahan (Tenancy). Sa ilang mga pagkakataon, ang Mga
Nangungupahan na may edad na (62 taon o mas matanda) o may kapansana n ay maaaring may
karapatan sa karagdagan mga proteksyon ng Nangungupahan. Tingnan Minicipal Code ng Chula
Vista chapter 9.65 para sa karagdagang impormasyon. (Tagalog)
Luật pháp California giới hạn số tiền thuê nhà của bạn có thể bị tăng lên. Xem phần Bộ luật Dân
sự 1947.12 để biết thêm thông tin. Luật pháp địa phương cũng quy định rằng Chủ sở hữu phải
đưa ra tuyên bố về nguyên nhân trong bất kỳ thông báo nào để chấm dứt Hợp đồng thuê nhà.
Trong một số trường hợp, Người thuê nhà là người cao tuổi (62 tuổi trở lên) hoặc người khuyết
tật có thể được hưởng các biện pháp bổ sung bảo vệ Người thuê nhà. Xem Bộ luật Thành phố
Chula Vista chương 9.65 để biết thêm thông tin. (Vietnamese)
캘리포니아 법은 임대료를 인상할 수 있는 금액을 제한합니다. 자세한 내용은 민법
1947.12항을참조하십시오. 또한 지방 법률에 따르면 소유주는 임대를 종료하기 위해 모든
통지에서 이유 진술을 제공해야 합니다. 경우에 따라 노인(62세 이상) 또는 장애가 있는
세입자는 추가적인 세입자 보호를 받을 수 있습니다. 자세한 내용은 출라 비스타 시법
9.65장을 참조하십시오. (Korean)
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Appendix D
Mandatory Owner Notice to City
Upon Residential Rental Complex
No Fault Just Cause Termination of Tenancy
Per Chapter 9.65.070(B)(1)(b) of the Chula Vista Municipal Code (“Residential Landlord and
Tenant Ordinance”), Residential Rental Complexes (three or more units) that serve a no-fault
termination of tenancy notice to tenants due to removal from market, demolition or substantial
remodel are REQUIRED to submit each termination of tenancy along with the information
contained in this form, or a substantial equivalent within 3 business days of the termination notice
being served to the tenant. This mandatory information shall be used by the City in assessing
available resources and for data collection purposes to track no-fault terminations of tenancy
in the City.
Complex Information
Complex Name: _____________________________________________
Complex Address: ___________________________________________
Chula Vista, ___________(zip code)
Owner Information
Owner Name: ______________________________________________
Owner Phone #: (_____)______-__________ Owner email: ________________________
Units Impacted
Number of Units in Complex: ________________
Number of Vacant Units: _______________
Number of Tenants Served a Termination Notice: _____________
Current contracted rent for each unit issued a termination of tenancy:
Unit # Contracted
Rent at time
of Notice
Unit # Contracted
Rent at time
of Notice
Unit # Contracted
Rent at time
of Notice
Unit # Contracted
Rent at time
of Notice
(Attach pages as needed)
Please return the complete form to: Or via email to:
City of Chula Vista - Housing & Homeless Services affhousing@chulavistaca.gov
276 4th Avenue, Chula Vista, CA 91910
Questions: Please call the Housing Line at 619-691-5047.
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Appendix E
Voluntary Tenant Information
Upon Residential Rental Complex
Notice of No-Fault Just Cause Termination of Tenancy
The City is reaching out to you since you were identified as an impacted resident for a no -fault
termination of tenancy. This voluntary information will be used for data collection purposes to
track no-fault terminations of tenancy in the City and may be used by the City in assessing
available resources.
Per Chapter 9.65 of the Chula Vista Municipal Code (“Residential Landlord and Tenant
Ordinance”), Residential Rental Complexes (three or more units) that serve a no-fault
termination of tenancy notice to tenants due to removal from market, demolition or substantial
remodel are required to submit information to the City regarding all impacted tenants.
Impacted Address
Address Unit # City, State Zip Code
Chula Vista, CA
Contact
Last Name, First Name, MI
Contact Phone Number Email Address
( ) -
Household Demographics
Total number of adult(s) in your existing household: ___________
Total number of minors (under the age of 18) in your existing household: ________
Last Name, First Name, MI Marital Status
❑Single ❑Married ❑Widowed ❑Divorced ❑Separated
Best Contact Phone
Number
❑ White ❑ Black/African American ❑ Hispanic/Latino ❑
Non-Hispanic
❑ Asian ❑ American Indian/Alaska Native ❑ Pacific Islander
❑Other ( ) -
1. What is your preferred language?
⃝ English
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⃝ Spanish
⃝ Other: ___________________
2. Are you receiving or have you ever received rental assistance from the City of Chula Vista or
from another agency?
⃝ Yes
⃝ No
Household Income
List ALL occupants residing in the household, including the head of household:
Last Name, First Name, MI Marital Status
❑Single ❑Married ❑Widowed ❑Divorced ❑Separated
Best Contact Phone
Number
❑ White ❑ Black/African American ❑ Hispanic/Latino ❑
Non-Hispanic
❑ Asian ❑ American Indian/Alaska Native ❑ Pacific Islander
❑Other ( ) -
Address City, State Zip Code
Chula Vista, CA
1._______________________________ ______ _____________________________
Head of Household
$______________________________ ____________________________________
Monthly Income and Source(s)
2._______________________________ ______ _____________________________
Name, Age, and Relationship to Head of Household
$______________________________ ____________________________________
Monthly Income and Source(s)
3._______________________________ ______ _____________________________
Name, Age, and Relationship to Head of Household
$______________________________ ____________________________________
Monthly Income and Source(s)
4._______________________________ ______ _____________________________
Name, Age, and Relationship to Head of Household
$______________________________ ____________________________________
Monthly Income and Source(s)
(Use additional paper if you need more space)
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Certification
I certify that the above information provided is true and complete.
_______________________________________ _____________________
Head of Household Signature Date
Please return the complete form in person or by mail to:
City of Chula Vista – Housing & Homeless Services
276 4th Avenue
Chula Vista, CA 91910
Or via email: affordablehousing@chulavistaca.gov
Questions: Please call the Housing Line at 619-691-5047 or email affhousing@chulavistaca.gov.
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Report Prepared For
Chula Vista City Council
On the negative side effects the
“Tenant Protection Ordinance” has on
the Homeless, Elderly, and Chula
Vista’s Rental Community as a whole.
and
Your responsibility as a Council
Member to mitigate any harm brought
on to our community as a result of the
previous City Council’s actions.
(06/27/23 V4)
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Written Communication
Item #: PC Name: Joe Raso
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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: . . . . . . 11
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
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This updated communication is a continuation of our
efforts to inform you of…
1) The disastrous side effects the “Tenant Protection
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 3527 (commonly known as The
“Tenant Protection Ordinance”)
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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 accurately predicted
the Ordinance would force massive rent increases on our
community. Mayor John McCann was forced to recuse
himself.
Being under extreme pressure to “Pass Something”
before the end of session, the record shows all remaining
Council Members voted to pass the Ordinance while
expressing 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.
$5,000.00 Daily Fines Devastates Renters:
The draconian $5,000.00 fines The City Council has
authorized City Staff to levy on unsuspecting Owners
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(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 if a tenant terminates their lease
and moves away, “Owners and Tenants shall provide
City with information regarding termination of
Tenancies at such time(s) and with such details as shall
be required by city in the attendant Administration
Regulations.”
Additionally, failure to comply or simple paperwork
errors results in Tenants and/or Owners subject $5,000.00
daily fines WITH NO OPPORTUNITY TO MAKE
CORRECTIONS. (See Clause below)
Clause 9.65.080C2 States: “Civil penalties for violations
of this chapter may be assessed at a rate not to exceed
$5,000 per violation per day. When a violation occurs it
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is not required that a warning or notice to cure must
first be given before an administrative citation or civil
penalty may be issued.”
“Tenant Protection Act’s” Glitches Are Not Addressed
in The “Tenant Protection Ordinance Administrative
Regulations”:
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: “Owners and Tenants shall provide
City with information regarding termination of
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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 and 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”.
Regarding $5,000.00 Fines For Inadvertent Errors:
Staff has communicated on many occasions it is not
their intention to levy fines for inadvertent paper work
errors. Three Points why that statement is simply NOT
true:
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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 ORDINANCE”. In fact, our City
Manager would be remiss if a funding mechanism is not
created to support a burgeoning enforcement staff.
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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 required 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.
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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 Ordinance.” Staff needs the option to
levy fines on well meaning Owners and/or Tenants who
make simple paper work errors.
Additional Harmful Clauses To Be Addressed In The
Future:
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.
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The Meer Threat of a $5,000.00 Daily 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 required 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
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find a way to circumvent the law. This simplifies the process
of identifying and levying fines against “Bad Actors”.
How “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 l, 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
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financially devastating to the renters of our community than
“The Tenant Protection Ordinance”.
If you doubt the financial hardship this Ordinance has
placed on our community, call me. I will provide you with
Pam’s phone number. Pam is a retired elderly Chula Vista
resident who has been a wonderful tenant of ours for almost
twelve years. She will explain how this massive rent
increase the Chula Vista City Council has forced upon the
rental community has effected her life.
Regarding The Homeless Bridge Shelter:
Additionally, I am greatly encouraged by the steps The
City Council has taken to assist the homeless of our
community with the introduction the Homeless Bridge
Shelter near Main Street. May I suggest that you may have a
much greater chance of success in providing long term
affordable housing for the homeless if you modify the
current language of the “Tenant Protection Ordinance”. This
Ordinance, as written, forces owners to substantially rise
rents making the task of securing long term residences for
the elderly and homeless all the more difficult.
Thank You and please let me know how I may be of
assistance to improve this situation.
Joseph A Raso
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City Staff Supplied Supporting Data:
1) Chula Vista Population: 283,972
(Chula Vista - U.S. Census Bureau QuickFacts)
2) Average number of individuals in each household: 3.31 (Chula Vista -
U.S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 42% (Data
compiled by City Staff )
4) Number of Chula Vista Rental Units: 36,033
(Population of Chula Vista (283,072) divided by the average number of
people residing in each Residence (3.31) equals 85,792 multiplied the
percentage of residences which are rentals (42%) equals the
approximate number of Chula Vista rental units. (36,033)
5) Approximate number of Chula Vista renters: 119,268 (CV Population
283,972 x .42%)
6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See
attached CV Staff provided “Relocation Assistance” Pic - Average of
Line 2nd from bottom)
7) With no right to cure, amount of daily fine levied if Landlord or
Tenant inadvertently makes a paperwork error when Tenant terminates
lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65.080 C2 of
“Residential Landlord and Tenant Ordinance” )
8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x
10%. California AB-1482 5% plus inflation Max 10%)
9) Average number of months required for Landlord to recoup a one day
fine: 16.41 ($5000.00 divided by $304.70)
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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)
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From: Ivanna Sam <
Sent: Tuesday, November 14, 2023 3:34 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: Public Comment - For 11/14/23 City Council Meeting
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
Thank you for the opportunity to comment. I am Ivanna Sam, SDSU student. I would like
to provide a comment regarding the approval of modifications to the agreement with
the San Diego Association of Governments for the Proposition 64.
Because marijuana is an unpleasant odor and even risky to be around families and kids, I
would like to know if there will be any regulations regarding marijuana use in public
areas.
You don't often get email from Learn why this is important
Public Comments - Sam
Received 11/14/23
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v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Gaming Operations: Amend Chula Vista Municipal Code Chapter 5.20 and the Chula Vista Gaming Plan to
Authorize an Existing Licensee to Hold More Than Two City Licenses, Subject to the Maximum Number of
Licenses Allowed by Law
Report Number: 23-0323
Location: No specific geographic location
Department: Economic Development
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities).
Recommended Action
Council conduct the public hearing, adopt the resolution and place the ordinance on first reading.
SUMMARY
In 2019, the City Council approved an amendment to the gaming plan with Seven Mile Casino that increased
the number of tables from 20 to 26 as well as increased the number of backline betting, the quarterly table
fee and allowed for a five-year operating agreement with an ability to extend for an additional five years.
Recent changes to state law require amendments to the City’s gaming ordinance and the gaming plan so
Seven Mile Casino can realize the previously approved increase in the number of tables. The amendment to
the ordinance will allow Seven Mile to hold more than two licenses in one location, which would allow them
to realize the 2019 amendment to the gaming plan. The amendments to the gaming plan will implement the
amendments to the ordinance.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project 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
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P a g e | 2
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
Background
Cardrooms are one of California’s oldest forms of legal gambling, with operations ranging from “mom and
pop” storefronts, to larger, more sophisticated establishments. Historically, card clubs were regulated by
local governments. Beginning in the mid-1980s the State gradually increased its regulatory oversight. The
stated primary purpose of this increased oversight by the State was to attempt to prevent criminal activity
from being associated with these businesses.
In 1996, then Attorney General Daniel Lungren and Senate Pro Tem Bill Lockyer introduced and passed the
California Gambling Control Act. (SB 8 was enacted; the language is in Business and Professions Code: 19800
— 19887.) The Act established the California Gambling Control Commission (“State Gambling Commission”)
and the Bureau of Gambling Control (“Bureau”) in the California Department of Justice. The State Gambling
Commission and the Bureau are responsible for the development of policy, regulatory oversight, and
enforcement of the State’s gaming laws at California cardrooms.
With these changes, California cardrooms are now regulated at both the local and state levels. Of the 80 or
so cardrooms in California, one of the largest is the Commerce Club, located in the City of Commerce, with
approximately 374 tables. The largest cardroom in San Diego County is Oceans 11 in Oceanside which is
currently operating fifty (50) tables.
History of Chula Vista Gaming Plan
Prior to enactment of the City’s Gaming Plan in 1995, cardroom operations were regulated by City ordinance.
The City Council amended the ordinance was amended on six occasions between 1977 and 1995 for various
reasons.
The Gaming Plan concept was introduced to the City Council on November 28, 1995, because the City
Attorney’s Office determined that then-pending state laws would pre-empt local control by City code. By
creating a structure under the City code where future changes would be adopted by resolution, the Gaming
Plan preserved Chula Vista’s local authority over its cardroom operations. This revision authorized the City
Council to adopt or amend the Chula Vista Gaming Plan by resolution after a public hearing. Under this
revised structure, the initial Gaming Plan was adopted in February 1996.
In 1998, the Gaming Plan was amended at the request of the City Council to eliminate th e issuance of
additional licenses without a vote of the people. At the time, 4 licenses were issued in the City. Two were
held by the Chula Vista Bay Club, Inc., and two were held by Harvey Souza. In 2000, the Gaming Plan was
amended again, this time to surrender 2 of the outstanding 4 licenses and consolidate the remaining 2
licenses under Mr. Souza’s ownership. This was accomplished by Mr. Souza acquiring 2 licenses from Chula
Vista Bay Club, Inc., and immediately surrendering them to the City. Other updates at this time included: 1)
expanding the allowed hours of operation; 2) allowing more types of games to be played; 3) increasing bet
limits; 4) allowing the service of alcohol; 5) increasing license tax fees; 6) enhancing employee screening;
and 7) allowing backline betting and requiring enhanced security.
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P a g e | 3
In 2009, consistent with state law changes, the gaming plan was amended to increase the number of card
tables allowed to operate under a consolidated license from 12 to 16. In 2012, gaming plan was amended to
increase the number of card tables from 16 to 18. In 2015, again consistent with state law changes, the
maximum number of card tables was increased in the gaming plan from 18 to 20. In 2019, the maximum
number of card tables was increased from 20 to 26.
When Seven Mile applied to the state to realize the increase approved by the City Council in 2019, the State
determined that Seven Mile had no more capacity for additional tables based on the existing two consolidated
licenses. To resolve this issue and allow Seven Mile to realize the previously approved amendment to the
gaming plan, staff proposes a minor amendment to the section 5.20.035 of the Municipal Code and a
conforming amendment to the gaming plan making.
Proposed Amendments to the Ordinance
The Gambling Control Act restricts ordinance amendments that would result in the expansion of gambling
unless the amendment is submitted for voter approval. The proposed amendment does not propose to
expand gaming in Chula Vista beyond what was approved prior to January 1, 1996. Rather the proposed
amendment to section 5.20.035 would liberalize the existing rule limiting card rooms to two licenses, and
instead allow cardrooms to hold additional licenses, provided the total number of licenses in the City does
not exceed the overall limitation on licenses provided by section 5.20.030 (one license per 40,000 residents).
Proposed Amendment to the Gaming Plan
The proposed amendment to the gaming plan consists of amendment to section 2.6.3 to clarify that, upon a
licensee’s acquisition of a second license, the two licenses shall be deemed consolidated. Upon acquisition of
a third license, the first two licenses continue to remain consolidated, but the third license shall not be
consolidated. Upon acquisition of a fourth license, the two sets of licenses shall both be deemed consolidated
into two pairs.
Staff recommends approval of the above changes to the Municipal Code and gaming plan to support the
expanded operation of Seven Mile Casino, as approved in 2019. Seven Mile has been a responsible operator
and the redevelopment of the City’s waterfront for visitor-serving uses creates more demand for Seven Mile’s
gaming tables.
DECISION-MAKER CONFLICT
Staff has reviewed the Councilmember’s real estate holdings within Chula Vista and has determined
that no property is within 500-foot of the project location. Staff is not independently aware, and
has not been informed by any City Council member, of any other fact that may constitute a basis for
a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current fiscal year impact by approval of this item.
ONGOING FISCAL IMPACT
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There is no ongoing fiscal year impact by approval of this item.
ATTACHMENTS
1. Proposed Revised Chula Vista Municipal Code Chapter 5.20 (redline strikeout)
2. Proposed Revised 2023 Gaming Plan (redline strikeout)
3. Proposed Revised 2023 Gaming Plan (clean)
Staff Contact: Eric Crockett, Development Services Director; Megan McClurg, Assistant City Attorney
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AMENDMENTS TO THE
CHULA VISTA GAMING PLAN TO AUTHORIZE LICENSEES
TO HOLD MORE THAN TWO CITY LICENSES, SUBJECT TO
THE MAXIMUM NUMBER OF CITY LICENSES ALLOWED
BY LAW
WHEREAS, licensed cardrooms in the City are subject to the requirements of the Chula
Vista Gaming Plan, adopted by resolution;
WHEREAS, section 2.6.3 of the Chula Vista Gaming Plan currently provides that a
cardroom licensee may hold no more than two licenses, which are deemed consolidated;
WHEREAS, the City Council desires to amend the Gaming Plan to allow licensees to hold
additional licenses, up to the maximum allowed under section 5.30.030 of the Chula Vista
Municipal Code.
WHEREAS, the Police Department has no other material concerns with security issues that
might arise from the proposed changes to the Gaming Plan;
WHEREAS, as required by Chula Vista Municipal Code Section 5.20.001 and Gaming
Plan Section 5.3, before City Council action on the proposed Gaming Plan amendment, a public
hearing was properly noticed and held, and the City Council considered the proposed amendment
and all testimony presented with respect thereto;
WHEREAS, the Development Services Director has reviewed the proposed project for
compliance with the California Environmental Quality Act (CEQA) and has determined that the
proposed amendment qualifies for a Class 1 Categorical Exemption pursuant to 15301 (Use of
Existing Facilities) of the State CEQA Guidelines. The proposed amendment consists of negligible
or no expansion of an existing use. In addition, the Development Services Director has determined
that there is no possibility that the activity may have a significant effect on the environment;
therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines, the activity is not subject
to CEQA. Thus, no environmental review is required;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista
as follows:
1. The proposed amendments to the Chula Vista Gaming Plan attached hereto as
Exhibit A to this Resolution, with changes presented in underline strikeout format, are hereby
adopted, with such minor changes as may be required or approved by the City Attorney, a copy of
which shall be kept on file with the City Clerk.
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Resolution No.
Page 2
3. Licensee rights under the Gaming Plan are contingent upon receiving any and all
required approvals therefor from the California Department of Justice Division of Gambling
Control.
Presented by Approved as to form by
Eric C. Crockett Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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C:\Program Files\eSCRIBE\TEMP\17534166528\17534166528,,,Ordinance FINAL.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 5.20.035 TO
AUTHORIZE A LICENSEE TO HOLD MORE THAN TWO
CITY LICENSES, SUBJECT TO THE MAXIMUM NUMBER OF
CITY LICENSES ALLOWED BY LAW
WHEREAS, cardrooms in the City are subject to the requirements set forth in Chapter 5.20
of the Chula Vista Municipal Code;
WHEREAS, section 5.20.030 of the Chula Vista Municipal Code establishes the maximum
number of cardroom licenses that can be issued in the City, which is determined on the basis of
population;
WHEREAS, section 5.20.035 of the Chula Vista Municipal Code currently provides that a
cardroom licensee can hold no more than two licenses, unless otherwise permitted under the Chula
Vista Gaming Plan;
WHEREAS, the City desires to amend section 5.20.035 to allow licensees to hold
additional licenses, so long as the total number of licenses issued in the City, including
consolidated licenses counted as two separate licenses, does not exceed the maximum number
permitted by section 5.20.030.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. That Section 5.20.035 of Chapter 5 of the Chula Vista Municipal Code, is
hereby amended to read as follows:
5.20.035. Consolidation -- Permitted
Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding
the provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City
Council may, in its sole discretion, grant additional licenses to a Person having an interest in, or
holding a license to operate, any cardroom in the City, but then only in accordance with the
procedures set forth in this chapter and the Chula Vista gaming plan and only if the total number
of licenses issued, including consolidated licenses counted as two separate licenses, does not
exceed the maximum permitted by CVMC 5.20.030 or the Chula Vista gaming plan. If such
application for an additional single license is granted, the maximum number of tables permitted in
the consolidation of two licenses is 12, unless otherwise provided by the Chula Vista gaming plan.
Unless otherwise provided by the Chula Vista gaming plan, a Person shall be deemed to have an
interest in, or hold, an existing license if said Person is a designated licensee, is presently married
to an existing licensee, the parent or child of an existing licensee, owns shares in a corporation that
owns a license, or has a partnership interest in a license, owns a partnership interest in a partnership
that owns a license or owns shares in a corporation that owns a license, or has some other relation
to a licensed cardroom as specified in the Chula Vista gaming plan.
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Ordinance
Page 2
Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever
a cardroom licensee or a Person having a financial interest in a cardroom obtains a license to
operate an additional cardroom or acquires a financial interest in an additional cardroom.
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
Eric Crockett, Jill D.S. Maland
Deputy City Manager Lounsbery Ferguson Altona & Peak
Acting City Attorney
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Chapter 5.20 CVMC, Gambling Page 1 of 17
The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
327086.1
Chapter 5.20
GAMBLING*
Sections:
Subchapter 1.
Chula Vista Gaming Plan
5.20.001 Gaming plan adopted by resolution.
5.20.002 All California gaming allowed subject to gaming plan.
5.20.003 Preeminence and priority of gaming plan.
5.20.004 Inconsistencies with Chula Vista gaming plan.
5.20.005 Savings clause.
5.20.006 Characterization of gaming plan.
Subchapter 2.
Cardrooms
5.20.010 Cardroom – Defined.
5.20.020 License – Required – Issuance to Person under certain age prohibited.
5.20.030 License – Number permitted and transferability.
5.20.035 Consolidation – Permitted.
5.20.040 License – Initial issuance procedure.
5.20.050 License – Tax and attaching of receipts.
5.20.060 License – Application required – Contents – Issuance prerequisites.
5.20.070 Work permits required – Application contents – Investigation fee – Issuance –
Period of validity.
5.20.080 Identification badges to be worn.
5.20.090 License – Grounds for revocation.
5.20.100 Rules and regulations generally.
5.20.110 Games permitted – Conditions.
5.20.120 Hours and days of operation.
5.20.130 Drinking of intoxicating beverages prohibited.
5.20.140 Minors prohibited from patronage or employment.
5.20.150 Maximum number of players per table.
5.20.160 Maximum number of tables on premises – Arrangement.
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Chapter 5.20 CVMC, Gambling Page 2 of 17
The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
327086.1
5.20.170 Supervision of game playing.
5.20.180 Bets and wagers permitted when.
5.20.190 Charges for game playing – Maximum designated.
5.20.200 Signs to be posted in cardroom – Contents.
5.20.210 License – Revocation criteria.
5.20.220 License – Additional grounds for revocation.
Subchapter 3.
Horse and Dog Wagering
5.20.230 On-site and satellite horse and dog wagering.
Subchapter 4.
Sports Book
5.20.240 Sports book wagering allowed subject to gaming plan.
Subchapter 5.
Casino Gaming
5.20.250 Casino gaming allowed subject to gaming plan.
Subchapter 6.
Video Gaming
5.20.260 Video gaming allowed subject to gaming plan.
Subchapter 7.
Other Gaming
5.20.270 Other gambling allowed subject to gaming plan.
* For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code
§ 37101; for authority for cities to license businesses in the exercise of the police power, see Bus. and Prof. Code
§§ 16000 – 16003.
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Chapter 5.20 CVMC, Gambling Page 3 of 17
The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
327086.1
Subchapter 1. Chula Vista Gaming Plan
5.20.001 Gaming plan adopted by resolution.
In addition to the gaming, and regulatory controls that otherwise exist in relation to gaming, allowed
in Chula Vista specifically by this chapter, the City Council is hereby authorized to adopt by
resolution after public hearing, and from time to time amend by resolution after public hearing, a
gaming plan (“Chula Vista gaming plan,” or alternatively “gaming plan”), which gaming plan shall
contain such provisions and regulations as the City Council shall deem appropriate, including but not
limited to the following:
A. Types of gaming allowed, including but not limited to card games, on-site horse and dog
wagering, sports book, casino games, video gambling, etc.;
B. Hours and days of operations;
C. Location of gaming;
D. Auditing of gaming establishments;
E. Licensing fees or other charges, including charges on a percentage of gross receipts basis, in an
amount the Council deems appropriate;
F. Maximum number of players per table;
G. Bets and wagers permitted;
H. Charges for gaming;
I. Licensing, including number of licensees and consolidation;
J. Drinking of intoxicating beverages;
K. Maximum number of tables on premises;
L. Every aspect of operation of gaming establishments.
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Chapter 5.20 CVMC, Gambling Page 4 of 17
The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
327086.1
However, the Chula Vista gaming plan shall not allow any form or type of gaming within the City
which is not allowed at least at one other location anywhere within the state of California, or federal
or Native American enclave or reservation located within the jurisdictional boundaries of the state.
Notwithstanding the foregoing, no gaming plan may be approved by the Council without receipt
and consideration by the Council, at a public hearing, of the comments and recommendations of the
Chief of Police and the City Manager; and no permit or license thereunder may be issued without the
concurrence of both the Chief of Police and the City Council. The gaming plan shall have, at a
minimum, a provision that requires permits to be issued to specific operators and makes it
mandatory that the permit issuing authority is vested in both the Chief of Police and the City Council
jointly. (Ord. 2655 § 1, 1995).
5.20.002 All California gaming allowed subject to gaming plan.
Notwithstanding anything else to the contrary herein contained, all gaming lawfully allowed to exist
at any location in the state of California, including but not limited to any federal enclave or Native
American reservation contained therein, shall be, and is hereby declared to be, lawfully conducted in
the City of Chula Vista and shall be and is permitted, on the condition it complies with, is consistent
with, and is permitted by and under the Chula Vista gaming plan, as same may be adopted and
amended by resolution from time to time. (Ord. 2655 § 1, 1995).
5.20.003 Preeminence and priority of gaming plan.
Notwithstanding anything else in this chapter to the contrary, all gaming and any operational
controls thereon which may be allowed pursuant to the Chula Vista gaming plan shall be deemed to
be allowed by this chapter of the Municipal Code, and by the enacting ordinance, without further
amendment of said code or ordinance as if same were contained herein. (Ord. 2655 § 1, 1995).
5.20.004 Inconsistencies with Chula Vista gaming plan.
Any inconsistencies between the provisions of this chapter and the Chula Vista gaming plan shall be
governed by the provisions of the Chula Vista gaming plan. (Ord. 2655 § 1, 1995).
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5.20.005 Savings clause.
If any part of this chapter is held for any reason to be illegal, it is the intent of the Council and City
that each and every remaining provision hereof not held illegal shall be legal and remain in full force
and effect, despite the declaration of illegality as to such part. (Ord. 2655 § 1, 1995).
5.20.006 Characterization of gaming plan.
The Chula Vista gaming plan, when and if adopted, shall not be deemed to be an ordinance of the
City, but instead shall, for all intents and purposes, be deemed to be a resolution of the City. (Ord.
2655 § 1, 1995).
Subchapter 2. Cardrooms
5.20.010 Cardroom – Defined.
Unless otherwise expanded by the Chula Vista gaming plan, for the purpose of this chapter, a
“cardroom” is defined to be any space, room or enclosure furnished or equipped with a table used or
intended to be used as a card table for the playing of cards and similar games, and the use of which
is available to the public. (Ord. 2655 § 1, 1995; Ord. 2112 § 1, 1985; Ord. 1305 § 2; prior code § 9.101).
5.20.020 License – Required – Issuance to Person under certain age
prohibited.
Unless otherwise allowed by the Chula Vista gaming plan, it is unlawful for any Person, for himself or
for any other Person, firm or corporation, to engage in or carry on, or to maintain or conduct, or
cause to be engaged in, carried on, maintained or conducted, any cardroom in the City without first
having secured a license from said City to do so, according to each and every requirement of this
chapter, or without complying with each and every regulation pertaining to such cardroom. Unless
otherwise allowed by the Chula Vista gaming plan, it is unlawful for any Person to maintain or
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operate any card table in connection with any cigar store, pool or billiard hall, or any other business,
or a room in which card tables are maintained in the City, without such Person first having obtained
from the Council a license authorizing such Person to maintain and operate such card table or tables
or card table business. Unless otherwise allowed by the Chula Vista gaming plan, no license shall be
issued to any Person under the age of 21 years. (Ord. 2655 § 1, 1995; Ord. 1305 § 2; prior code § 9.102(1)).
5.20.030 License – Number permitted and transferability.
Unless otherwise allowed by the Chula Vista gaming plan, the number of licenses authorized for
issuance under the provisions of this chapter shall be limited, based upon the population of the City
as shown upon the population certified by the State Department of Finance. Unless otherwise
allowed by the Chula Vista gaming plan, the number so authorized shall be one per 40,000 residents
or any fraction thereof. Unless otherwise allowed by the Chula Vista gaming plan, all such licenses
shall be issued in accordance with the provisions of this chapter; provided, however, unless otherwise
provided by the Chula Vista gaming plan, those Persons holding a license to conduct cardroom
operation upon the effective date of this section may continue to hold such licenses, subject to the
revocation provisions set forth in this chapter. Unless otherwise allowed by the Chula Vista gaming
plan, any license issued pursuant to this chapter may be transferred upon the approval of the Chief
of Police to a Person meeting all of the requirements for the initial issuance of such a cardroom
license, subject to the ratification of the City Council, which approval may be withheld in the sole
discretion of the Chief of Police and which ratification may be withheld in the sole discretion of the
City Council, and such approval and ratification may, but is not required to, be based entirely or in
part on the assessment by the Chief of Police or, as applicable, the City Council, of the character of
the proposed licensee, or when, in the opinion of the approving or ratifying entity, there appears to
be good cause why such Person should not operate a cardroom; provided, however, that, unless
otherwise provided by the Chula Vista gaming plan, with the exception of those licenses which have
been issued prior to the effective date of the ordinance set forth in this section and CVMC 5.20.040,
no license may be so transferred unless the holder thereof has been operating a cardroom for three
years at a fixed location in the City. For the purposes of this section, unless otherwise provided by the
Chula Vista gaming plan, it shall be deemed to be a transfer of a license requiring approval of the
Chief of Police and ratification by the City Council if a shareholder of a corporate licensee transfers
any shares in the corporate licensee. Unless otherwise provided by the Chula Vista gaming plan, it
shall also be deemed to be a transfer of a license requiring approval of the Chief of Police and
ratification by the City Council if a partner of a partnership licensee transfers all or any portion of his
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or her partnership interest. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord. 2347 § 1, 1990; Ord. 2150 § 1, 1986;
Ord. 1738 § 1, 1977; Ord. 1305 § 2; prior code § 9.102(2)).
5.20.035 Consolidation – Permitted.
Unless otherwise expanded or provided by the Chula Vista gaming plan, notwithstanding the
provisions of CVMC 5.20.160 regarding the maximum number of tables on premises, the City Council
may, in their sole discretion, grant one additional licensese, but no more than one (unless otherwise
allowed by the Chula Vista gaming plan), to a Person having an interest in or holding a license to any
cardroom in the City, but then only in accordance with the procedures set forth in this chapter or the
Chula Vista gaming plan and only if the total number of licenses issued, including consolidated
licenses as two separate licenses, does not exceed the maximum permitted by CVMC 5.20.030 or the
gaming plan. If such application for an additional single license is granted, the maximum number of
tables permitted in the consolidation of two licensescardrooms is 12, unless otherwise provided by
the Chula Vista gaming plan. No licensee may obtain or have issued more than two licenses, unless
otherwise provided by the Chula Vista gaming plan. Unless otherwise provided by the Chula Vista
gaming plan, a Person shall be deemed to have an interest in, or hold, an existing license if said
Person is a designated licensee, if they are presently married to an existing licensee, if they are the
parent or child of an existing licensee, if they own shares in a corporation that owns a license or has a
partnership interest in a license, if they own a partnership interest in a partnership that has a license
or owns shares in a corporation that owns a license, or if some other relation as specified in the
Chula Vista gaming plan exists.
Unless otherwise provided by the Chula Vista gaming plan, consolidation occurs whenever a
cardroom licensee or a Person having a financial interest in a cardroom obtains a license to operate
an additional cardroom or acquires a financial interest in an additional cardroom. (Ord. 2655 § 1, 1995;
Ord. 2528 § 1, 1992; Ord. 2364 § 1, 1990; Ord. 2347 § 1, 1990; Ord. 2015 § 1, 1982).
5.20.040 License – Initial issuance procedure.
Unless otherwise allowed by the Chula Vista gaming plan, all licensees shall comply with the
provisions of this chapter or such other provisions set forth in the Chula Vista gaming plan. Any
Applicants requesting a license as permitted in CVMC 5.20.030 shall pay a nonrefundable fee, as
presently designated, or as may in the future be amended by resolution, in the master fee schedule,
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CVMC 5.20.040, or the gaming plan, to cover the cost of investigation. Unless otherwise provided by
the Chula Vista gaming plan, no Applicant requesting a license pursuant to this section may have any
financial or other interest as set forth in CVMC 5.20.035 in any other cardroom license, or application
pending therefor. Unless otherwise provided by the Chula Vista gaming plan, each application shall
be totally independent and unassociated with any other application being submitted for the purpose
of obtaining such a license. The initial period for issuance of new cardroom licenses shall be the
month of May, 1977, and in the month of May in subsequent years should there be additional
licenses available. After the termination of the open period in May, no further licenses shall be issued
until the succeeding open period, unless otherwise provided by the Chula Vista gaming plan. Unless
otherwise provided by the Chula Vista gaming plan, in the event that there are applications in excess
of the number of licenses available in accordance with the limitations set forth in CVMC 5.20.030,
based upon population, the Chief of Police shall conduct a public lottery to select those Applicants
who shall be investigated to determine if they are qualified to be issued any available cardroom
licenses as approved by the Chief of Police, subject to ratification of the City Council.
Upon the issuance of available cardroom licenses, the Chief of Police shall authorize the refund of
any application fee to any Persons who were not subject to investigations, unless otherwise provided
by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord. 2506 § 1, 1992; Ord. 2408 § 1,
1990; Ord. 2015 § 1, 1982; Ord. 1961 § 1, 1982; Ord. 1738 § 1, 1977; Ord. 1305 § 2; prior code § 9.102(3)).
5.20.050 License – Tax and attaching of receipts.
Unless otherwise provided by the Chula Vista gaming plan, the license tax for maintaining or
operating any card table or card table business in the City is payable quarterly in advance and fixed
at a sum as presently designated, or as may in the future be amended, in Section 5.02.050 of the
master tax schedule in CVMC 5.07.030, or the gaming plan. Unless otherwise provided by the Chula
Vista gaming plan, the City Finance Officer shall issue a receipt for each separate card table license as
in this section required, and such receipt shall be attached to such card table and preserved thereon
during the full term for which such receipt was issued. (Ord. 2655 § 1, 1995; Ord. 2408 § 1, 1990; Ord. 1305
§ 2; prior code § 9.102(4)).
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5.20.060 License – Application required – Contents – Issuance
prerequisites.
Unless otherwise provided by the Chula Vista gaming plan, an Applicant for a cardroom license shall
submit his application to the Chief of Police, which application shall be under oath, and shall include,
among other things, the true names and addresses of all Persons financially interested in the
business. The past criminal record, if any, of all Persons financially or otherwise interested in the
business shall be shown on such application. The term “Persons financially interested” shall include
all Persons who share in the profits of the business, on the basis of gross or net revenue, including
landlords, lessors, lessees, and the Owner or Owners of the building, fixtures or equipment. The
application shall also be accompanied by fingerprints of Persons financially interested. (Ord. 2655 § 1,
1995; Ord. 2528 § 1, 1992; Ord. 1969 § 1, 1982; Ord. 1305 § 2; prior code § 9.102(5)).
5.20.070 Work permits required – Application contents – Investigation
fee – Issuance – Period of validity.
A. The manager of a cardroom, if he is other than the Person or Persons whose names appear on
the application for the cardroom license, must obtain a work permit from the Chief of Police. He shall
submit his application for such work permit to the Chief of Police, which application shall be under
oath and shall include, among other things, the past criminal record, if any, of the Applicant and shall
be accompanied by the fingerprints of the Applicant. An application for a manager work permit shall
be accompanied by the required fee(s) or the required renewal fee(s). The work permit, when issued,
shall be valid for one year. The Chief of Police may deny such work permit if, in his opinion, the
Applicant therefor should not be permitted to act as manager in lieu of management by the licensee
of the cardroom.
B. Employees in cardrooms must obtain a work permit from the Chief of Police. Applications for
such work permits shall be submitted under oath and contain such information as may be deemed
by the Chief of Police to be necessary to determine whether the Applicant is a proper Person to be
employed in a cardroom. The Chief of Police may deny such work permit if, in his opinion, the
Applicant therefor should not be permitted to be employed in a cardroom. Each application for a
work permit shall be accompanied by the required fee(s), or the required renewal fee(s). Such permits
shall be valid for one year.
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C. The provisions of this section may be modified by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995;
Ord. 2506 § 1, 1992; Ord. 2408 § 1, 1990; Ord. 1969 § 1, 1982; Ord. 1961 § 1, 1982; Ord. 1680 § 1, 1976; Ord. 1305 § 2;
prior code § 9.102(6)).
5.20.080 Identification badges to be worn.
Every manager and employee of a cardroom licensed according to the provisions of this chapter
shall, at all times when present in such cardrooms, wear an identification badge containing his
photograph, age, address and the description of such individual. The provisions of this section may
be modified by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995; Ord. 2005 § 1, 1982; Ord. 1305 § 2; prior
code § 9.102(7)).
5.20.090 License – Grounds for revocation.
Licenses for cardrooms may be revoked in the manner and for the reasons set forth in CVMC
5.02.180, et seq., and for the further reason consisting of a violation of any of the provisions of this
chapter; or for allowing Persons other than those named in the application on file with the City
Council to own an interest in or have direct management of such cardroom; provided, however, that
direct management of such cardroom may be accomplished by the employment of a manager
pursuant to the provisions of CVMC 5.20.070; for maintaining a greater number of tables than the
number set forth in the application; or for maintaining such cardroom business upon premises which
are or have become unsuitable or an improper place therefor. The provisions of this section may be
modified by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995; Ord. 1305 § 2; prior code § 9.102(8)).
5.20.100 Rules and regulations generally.
It is unlawful to operate a cardroom in violation of any of the regulations and rules set forth in the
Chula Vista gaming plan, or CVMC 5.20.110 through 5.20.200, unless otherwise allowed or regulated
by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995; Ord. 1305 § 2; prior code § 9.103).
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5.20.110 Games permitted – Conditions.
Effective upon adoption of a Chula Vista gaming plan that addresses the subject matter of this
section, but only to the extent allowed by the Chula Vista gaming plan if more restrictive than the
provisions hereof, all card games which have been determined by the Attorney General to be within
the permissible subject of local licensing by California cities may be played in any licensed cardroom
on the following conditions, except that pai-gow, super pan, California 22 and panguingue may not
be played unless they are permitted to be played under the terms and conditions set forth in the
Chula Vista gaming plan:
A. A written set of rules (“games rules”) for a proposed card game are on file with the City and have
been approved, in writing, by the Chief of Police at the time of playing the game. Said approval may
be amended, conditioned or revoked from time to time in the sole discretion of the Chief of Police.
B. A copy of the approved game rules showing thereon the approval of the Chief of Police are
posted in the cardroom in a conspicuous place readily available to the patrons or prospective
patrons and visible from any seat at any card table on the premises.
C. The game is played strictly according to said game rules. Variations of the game, unless
specifically described in the game rules, shall not be allowed. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord.
1305 § 2; prior code § 9.103(1)).
5.20.120 Hours and days of operation.
Effective upon adoption of a Chula Vista gaming plan that addresses the subject matter of this
section, but only to the extent allowed by the Chula Vista gaming plan if more restrictive than the
provisions hereof, licensed cardrooms may operate seven days a week, 24 hours per day. Until
adoption of the Chula Vista gaming plan, no card table licensed under the provisions of this code
which is maintained or operated in connection with any other business shall be used for any card
game from 1:00 a.m. to 9:00 a.m. of any day and all places which are devoted exclusively to the
operation or maintenance of a card table business shall be kept closed each day from 1:00 a.m. to
9:00 a.m; and no card table shall be used for any card game on Sunday except from midnight until
1:00 a.m. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord. 1305 § 2; prior code § 9.103(2)).
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5.20.130 Drinking of intoxicating beverages prohibited.
Unless otherwise allowed by the Chula Vista gaming plan, no license shall permit the drinking of any
intoxicating liquor in the premises licensed under the provisions of this code. (Ord. 2655 § 1, 1995; Ord.
1305 § 2; prior code § 9.103(3)).
5.20.140 Minors prohibited from patronage or employment.
No Person under 21 years of age shall be permitted to play any game at any card table in the City.
No Person under 21 years of age shall be employed where any card table is maintained in the City,
unless otherwise allowed by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995; Ord. 1305 § 2; prior code
§ 9.103(4)).
5.20.150 Maximum number of players per table.
Effective upon adoption of a Chula Vista gaming plan that addresses the subject matter of this
section, but only to the extent allowed by the Chula Vista gaming plan if more restrictive than the
provisions hereof, there shall be no limit on the number of players permitted at any one card table in
any game. Until the adoption of the Chula Vista gaming plan, no more than eight players shall be
permitted at any one card table. (Ord. 2655 § 1, 1995; Ord. 1305 § 2; prior code § 9.103(5)).
5.20.160 Maximum number of tables on premises – Arrangement.
Unless otherwise allowed by the Chula Vista gaming plan, no more than eight tables shall be
permitted at any premises licensed as a cardroom pursuant to this chapter, except that at cardrooms
operating under two consolidated licenses, 12 tables shall be permitted, and said playing area shall
be located on the ground floor and the tables shall be arranged so that the playing surface of each
table shall be visible from the sidewalk or public walk immediately adjacent to the cardroom, unless
otherwise allowed by the Chula Vista gaming plan. The holder of a cardroom license may appeal the
visibility requirement to the Zoning Administrator. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord. 2347 § 3,
1990; Ord. 1305 § 2; prior code § 9.103(6)).
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5.20.170 Supervision of game playing.
All cardrooms and/or card tables licensed under the provisions of this chapter shall be supervised by
the operator, or an employee of the operator, of the cardroom to assure that games played on said
tables are played strictly in accordance with the terms of this chapter and the provisions of the Penal
Code of the state of California. The provisions of this section may be modified by the Chula Vista
gaming plan. (Ord. 2655 § 1, 1995; Ord. 1305 § 2; prior code § 9.103(7)).
5.20.180 Bets and wagers permitted when.
Effective upon adoption of a Chula Vista gaming plan that addresses the subject matter of this
section, but only to the extent allowed by the Chula Vista gaming plan if more restrictive than the
provisions hereof, there shall be no limit on bets or wagers in any game. Until adoption of the Chula
Vista gaming plan, no bet or wager in any game shall exceed the sum of $30.00, and only table
stakes shall be permitted, and no jackpots shall be allowed, unless otherwise allowed. (Ord. 2655 § 1,
1995; Ord. 2528 § 1, 1992; Ord. 1952 § 1, 1981; Ord. 1305 § 2; prior code § 9.103(8)).
5.20.190 Charges for game playing – Maximum designated.
Effective upon adoption of a Chula Vista gaming plan that addresses the subject matter of this
section, but only to the extent allowed by the Chula Vista gaming plan if more restrictive than the
provisions hereof, there shall be no limit on the charge which may be collected from any player for
the privilege of participating in any game. Until the adoption of the Chula Vista gaming plan, no
charge in excess of $0.375 per hand per player shall be collected from any player for the privilege of
participating in any game. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord. 1952 § 1, 1981; Ord. 1305 § 2; prior code
§ 9.103(9)).
5.20.200 Signs to be posted in cardroom – Contents.
Unless otherwise allowed by the Chula Vista gaming plan, there shall be posted in every cardroom, in
letters plainly visible from all parts thereof, signs stating which games have been approved for play
at said cardroom by the Chief of Police or Chula Vista gaming plan, and stating the charge per hour
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exacted from each player for the privilege of playing. In addition to the foregoing, each table shall
identify by prominent sign located thereon the game which is currently being played at said table,
unless otherwise allowed by the Chula Vista gaming plan. (Ord. 2655 § 1, 1995; Ord. 2528 § 1, 1992; Ord.
1305 § 2; prior code § 9.103(10)).
5.20.210 License – Revocation criteria.
Licenses for cardrooms may be revoked in the manner and for the reasons set forth in CVMC
5.02.180, et seq., or the Chula Vista gaming plan, and for any violation of any of the provisions of this
chapter or the gaming plan. The City may, but is not required, to impose a fine in lieu of revocation
or institute such other remedy as is permitted in the gaming plan. (Ord. 2655 § 1, 1995; Ord. 2528 § 1,
1992; Ord. 782; prior code § 9.21).
5.20.220 License – Additional grounds for revocation.
Unless otherwise allowed by the Chula Vista gaming plan, additional grounds for revocation shall
include:
A. Allowing Persons other than those named in the application on file with the City Council to own
an interest in, or have direct management of, such cardroom;
B. Maintaining a greater number of tables than the number set forth in the application;
C. Maintaining such cardroom business upon premises which are or have become unsuitable or an
improper place therefor;
D. Violation of the provisions of the gaming plan. (Ord. 2655 § 1, 1995; Ord. 782; prior code § 9.22).
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Subchapter 3. Horse and Dog Wagering
5.20.230 On-site and satellite horse and dog wagering.
Notwithstanding anything else to the contrary herein contained, all horse and dog wagering,
whether on-site or by satellite, lawfully allowed to exist at any location in the state of California,
including but not limited to any federal enclave or Native American reservation contained therein,
shall be, and is hereby declared to be, lawfully conducted in the City of Chula Vista and shall be and
is permitted. All such horse and dog wagering, before it may occur in the City of Chula Vista, shall be
conducted under the auspices of a licensee who has received a permit from the City to engage in
sports book wagering and be conducted pursuant to the rules and regulations of the City as may be
set forth in the Chula Vista gaming plan, as same may be adopted and amended from time to time
by resolution after public hearing. The gaming plan shall further define horse and dog wagering if
same is regulated thereunder. (Ord. 2655 § 1, 1995).
Subchapter 4. Sports Book
5.20.240 Sports book wagering allowed subject to gaming plan.
Notwithstanding anything else to the contrary herein contained, all sports book wagering lawfully
allowed to exist at any location in the state of California, including but not limited to any federal
enclave or Native American reservation contained therein, shall be, and is hereby declared to be,
lawfully conducted in the City of Chula Vista and shall be and is permitted. All such sports book
wagering, before it may occur in the City of Chula Vista, shall be conducted under the auspices of a
licensee who has received a permit from the City to engage in sports book wagering and be
conducted pursuant to the rules and regulations of the City as may be set forth in the Chula Vista
gaming plan, as same may be adopted and amended from time to time by resolution after public
hearing. The gaming plan shall further define sports book wagering if same is regulated thereunder.
(Ord. 2655 § 1, 1995).
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Subchapter 5. Casino Gaming
5.20.250 Casino gaming allowed subject to gaming plan.
Notwithstanding anything else to the contrary herein contained, all casino gaming lawfully allowed
to exist at any location in the state of California, including but not limited to any federal enclave or
Native American reservation contained therein, shall be, and is hereby declared to be, lawfully
conducted in the City of Chula Vista and shall be and is permitted. All such casino gaming, before it
may occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has
received a permit from the City and be conducted pursuant to the rules and regulations of the City
as may be set forth in the Chula Vista gaming plan, as same may be adopted and amended from
time to time by resolution after public hearing. The gaming plan shall further define casino wagering
if same is regulated thereunder. (Ord. 2655 § 1, 1995).
Subchapter 6. Video Gaming
5.20.260 Video gaming allowed subject to gaming plan.
Notwithstanding anything else to the contrary herein contained, all video gaming lawfully allowed to
exist at any location in the state of California, including but not limited to any federal enclave or
Native American reservation contained therein, shall be, and is hereby declared to be, lawfully
conducted in the City of Chula Vista and shall be and is permitted. All such video gaming, before it
may occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has
received a permit from the City and be conducted pursuant to the rules and regulations of the City
as may be set forth in the Chula Vista gaming plan, as same may be adopted and amended from
time to time by resolution after public hearing. The gaming plan shall further define video gaming if
same is regulated thereunder. (Ord. 2655 § 1, 1995).
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Subchapter 7. Other Gaming
5.20.270 Other gambling allowed subject to gaming plan.
Notwithstanding anything else to the contrary herein contained, all gambling lawfully allowed to
exist at any location in the state of California, including but not limited to any federal enclave or
Native American reservation contained therein, shall be, and is hereby declared to be, lawfully
conducted in the City of Chula Vista and shall be and is permitted. All such other gambling, before it
may occur in the City of Chula Vista, shall be conducted under the auspices of a licensee who has
received a permit from the City and be conducted pursuant to the rules and regulations of the City
as may be set forth in the Chula Vista gaming plan, as same may be adopted and amended from
time to time by resolution after public hearing. The gaming plan shall further define such other
gambling if same is regulated thereunder. (Ord. 2655 § 1, 1995).
The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023.
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CHULA VISTA GAMING PLAN
[Adopted November 14, 2023]
In accordance with Chapter 5.20 of the Chula Vista Municipal Code {the "Gaming Code"),
this document shall serve as the gaming plan for the operation of Cardrooms within the City of
Chula Vista {the "Gaming Plan"). This Gaming Plan was originally adopted on February 13, 1996,
after a public hearing, pursuant to city council Resolution No. 18212. The Gaming Plan has been
amended as follows: {l) on January 13, 1998 pursuant to Resolution No. 18862; {2) on November
10, 1998 pursuant to Resolution No. 19251; {3) on September 26, 2000, pursuant to Resolution
No. 2000-332; {4) on October 6, 2009, pursuant to Resolution No. 2009-238; {5) on March 14,
2012, pursuant to Resolution No. 2012-047; {6) on March 3, 2015, pursuant to Resolution No.
2015-056; (7) on April 11, 2017, pursuant to Resolution No. 2017-0128, and (8) on July 23, 2019,
pursuant to Resolution No. 2019-143. The modifications contained in such amendments shall be
deemed effective as of the dates of their adoption.
Effective upon its adoption, this Gaming Plan implements, in its entirety, Subchapter 2 of
the Gaming Code relating to Cardrooms. Pursuant to Subchapter 1, Section 5.20.004, of the
Gaming Code any inconsistency between the Gaming Code and the Gaming Plan shall be
governed by the provisions of the Gaming Plan. Except to the extent that this Gaming Plan
expressly modifies or is otherwise inconsistent with the Gaming Code, the Gaming Code shall
remain in full force and effect.
This Gaming Plan is intended to deal only with the subject of Cardrooms. No other types
of gaming permitted by the Gaming Code, shall be governed hereby. To be permitted, such other
types of gaming must be the subject of further action by resolution of the City Council to amend
or add to this Gaming Plan.
This version of the Gaming Plan is adopted and effective as of November 14, 2023
pursuant to City Council Resolution No. ________.
CARDROOMS
1. Cardroom Defined.
For the purpose of this Gaming Plan, a "cardroom" is defined to be any space, room, or
enclosure furnished or equipped with a table or tables used or intended to be used, either
exclusively or in conjunction with another business or activity, as a card table for the playing of
cards and similar games, and the use of which is available to the public.
2. Licensing.
2.1 License Required to Operate Cardroom - Individual Licensees Must be 21 Years
or Older.
A license from the City issued pursuant to this Gaming Plan, is required for any person,
group of persons, partnership, corporation, or any other entity or organization (each a "Person"
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hereinafter] to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried
on, maintained or conducted, any cardroom in the City. Any such activity conducted without such
a license, or otherwise in non-compliance with the terms of this Gaming Plan, the Gaming Code,
or any and all other applicable federal, state and local laws and regulations shall be unlawful. No
license shall be issued to any individual Person under the age of twenty-one years.
2.2 Number of Licenses Permitted - Existing Licenses.
The number of licenses authorized to be issued or held, in the aggregate, under the
provisions of this Gaming Plan shall be limited, based upon the population of the City according
to the certified determination thereof by the state department of finance. All such licenses shall
be issued and held in accordance with the provisions of this Gaming Plan; provided, however,
any Person holding a license or licenses to conduct cardroom operation upon the effective date
of this Gaming Plan may continue to hold such license or licenses subject to the terms and
conditions set forth herein. For purposes of determining the number of licenses which are
authorized to be issued by the City hereunder, any two licenses which are "consolidated"
pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted
against the total number authorized under state law, and shall be entitled to all rights, benefits,
and restrictions as if the licenses were held separately, both under state law and the terms of
this Gaming Plan.
2.3 Two Types of Gaming Classifications.
2.3.1 In General. There shall be two types of cardroom licenses: Category I and
Category II. The characteristics, rights, obligations and limitations attributable, respectively, to a
Category I or Category II licenses are set forth throughout this Gaming Plan. Subject to all such
provisions, in general,
(a) a Category I license shall permit the playing of all games available for licensure
through the Office of the Attorney General, except games involving "back-line" betting; and
(b) a Category II license shall permit the playing of all games permitted under a
Category I license and shall also permit games involving back- line betting. "Back-line" betting
card games are card games which allow a player not seated at a cardroom table, but standing
adjacent to the table, to bet on a hand being played by a player seated at that table. Subject to
state and local law, multiple "back-line" betters may be allowed to participate in any one game.
2.3.2 All licenses issued by the City shall initially be Category I licenses. In order
to obtain a Category II license, the applicant (a) must have continuously operated a cardroom
that plays Category I games for a period of three (3) years; and (b) must apply with the City and
receive prior approval from the City for such conversion in accordance with the application
procedures set forth in Section 2.4 hereof, below.
2.4 Application/Issuance Procedure.
2.4.1 In General. Any Person desiring a cardroom license must submit an
application to the chief of police. The application shall be on a form issued by, or otherwise
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approved in advance by, the chief of police. Such application shall include, in addition to any
other information required by the chief of police, (a) the true names and addresses of any and
all Persons currently, or contemplated to have a "financial interest" in the cardroom operation
proposed to be licensed; (b) the past criminal record, if any, of any and all such Persons; (c) the
fingerprints of any and all such Persons; (d) the proposed location of the cardroom; and (e) a
non-refundable fee, as presently designated, or as may in the future be amended, in the Master
Fee Schedule, to cover the cost of processing the application and of any required investigation
of the applicant. Upon the issuance of a cardroom license, the chief of police may authorize the
refund of the investigation portion of the application fee to any Persons who were not subject to
investigations.
2.4.2 Approval Required. Any and all proposed cardroom licensees must
receive (a) prior written approval of the chief of police, which approval may be withheld in the
sole discretion of the chief of police, (b) approval by the State of California Division of Gambling
Control; and (c) the ratification of the City Council, which ratification may be withheld in the sole
discretion of the City Council. Such approval and/or ratification may be conditioned as the acting
parties deem appropriate, and may be based, but is not required to be based, entirely or in part
on the assessment by the chief of police or, as applicable, the City Council, of the character of
the proposed licensee, or on the opinion of the approving or ratifying entity, that there appears
to be good cause why such Person should or should not operate a cardroom. Notwithstanding
the foregoing in the event of a transfer directly caused by the death or divorce of a Person
holding a financial interest in a license, the "prior approval" requirement, above, shall be
amended to require that approval of the resulting transferee be obtained by no later than sixty
(60) days following the death or divorce causing such transfer. The time limit may be extended
provided the resulting transferee has submitted its application and such additional information
as may have been requested with the licensing authorities in a timely fashion.
2.4.3 For purposes of this Section 2.4 and the Gaming Plan, the term "financial
interest" shall mean any and all direct or indirect ownership, creditor or other interests, in a
cardroom license, the cardroom business operated thereunder, the assets thereof, or the
revenues generated thereby.
2.4.3.1 Such an interest shall include, without limitation, any and all
interests held by building owners, landlords, tenants, equipment or fixtures owners, lessors or
lessees, creditors, lenders or guarantors related in any way to the ownership, financing or
operation of the cardroom; and (b) a parent, spouse, sibling or child of an individual Person
holding a direct, majority or controlling ownership interest in a license or cardroom shall also be
deemed the holder of a "financial interest" for purposes of this Section and this Gaming Plan.
2.4.3.2 The City shall decide, in its sole discretion, whether a particular
circumstance or transaction falls within the scope of the definition of a "financial interest" that
requires submission of an application to the chief of police and approval by the Council for
separate licensure.
2.4.4 Any new or revoked cardroom license otherwise qualified for issuance
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may be issued during the period of May 1 through June 30 following the availability or revocation
date of such a license. After the expiration of this period no further licenses shall be issued until
the following May 1 through June 30 period. In the event that there are applications in excess of
the number of licenses available in accordance with the limitations set forth in Section 2.2 hereof,
a license may be issued to the most qualified of such applicants in accordance with a procedure
established by the City. Notwithstanding the foregoing, the City shall decide, in its sole discretion,
as to whether to issue any cardroom license authorized hereunder, and whether or how to
condition such an issuance; furthermore, the City reserves the right, for any reason whatsoever,
to reject any and all applications for a cardroom license hereunder.
2.5 Transfers.
2.5.1 In General. Any license issued pursuant to this Gaming Plan, a cardroom
operated thereunder, or any direct or indirect interest therein, may only be transferred in
accordance with the terms and conditions of this Section 2.5. Transfers governed by this section
shall include, without limitation, any and all sales, leases, conveyances, assignments, grants,
pledges, gifts, devises, donations and/or similar transfers by a Person of any or all of such
Persons, direct or indirect, ownership interest in a license or cardroom operated thereunder, or
"financial interest" in a license or cardroom operated thereunder, as such concept is defined in
Section 2.4.3 hereof.
2.5.1.1 Such transfers shall include, without limitation, (a) a transfer of all
or any shares by a shareholder in a corporate licensee; (b) the transfer of all or any partnership
interest by a partner in a partnership licensee; (c) the transfer of all or any portion of a
controlling shareholder or partnership interest in an entity which itself holds a direct or indirect
ownership or financial interest in a license or cardroom; and (d) a transfer of a substantial
portion of the assets of a Person holding a license or a cardroom operated thereunder.
2.5.1.2 Such transfers shall not include (a) corporate structure
reorganization where the individuals involved in the ownership and their respective percentage
interests do not change; (b) transfer of ownership interest for estate planning purposes where the
trustee is the same as the current licensed owner; or (c) such other situation that is similar to
those described above that the City deems to be immaterial.
2.5.2 Application Required. Any applicant seeking a license transfer must
comply with all of the application and approval requirements set forth in Section 2.4.
2.5.3 Three Years Operation Required Before Transfer. With the exception
of those licenses which have been issued prior to September 1, 1992, no license may be
transferred unless and until the holder thereof has been operating a cardroom governed by such
license for three (3) years at a fixed location in the City. Licenses issued prior to September 1,
1992 may not be transferred unless and until the holder thereof has been operating a cardroom
governed by such license for one (1) year at a fixed location within the City.
2.5.4 Non-Complying Transfers. In the event of a purported transfer of a
license that does not comply with the terms of this Section, the purported transferor shall be
subject to monetary penalties as provided in Section 4.2 hereof. The purported transferee shall
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have no rights to operate a cardroom in the City under the authority of such license. The license
involved shall be subject to revocation by the City as provided in Section 4.3 hereof; and (d) the
transfer may otherwise be declared null and void.
2.5.5 Special Rules for Transfers of Category II Licenses.
2.5.5.1 Except as otherwise provided herein, upon the transfer, either
all at once or in a series of transfers, of a "material or controlling financial interest" (define below)
in a Category II license, the Category II license, which is the subject of such transfer, shall
immediately revert back to a Category I license. A Category II license so reverted may be
converted back to a Category II license, but only in accordance with the provisions of Section
2.3.2 hereof.
2.5.5.2 Notwithstanding the foregoing, a material or controlling interest
in a Category II license may be transferred without reversion of the subject Category II license to
Category I status subject to the following terms and conditions:
(a) The transfer must be to a "pre-qualified transferee". For
purposes of this Section, a "pre-qualified transferee" shall be defined as a Person on record with
the chief of police as a Person holding a financial interest in the license, which, with the prior
knowledge of the chief of police, acknowledged in writing thereby, has been substantially
responsible for the management and operations of a licensed cardroom continuously for a period
of three (3) years.
(b) In addition to the agreement required pursuant to Section 5.5
hereof, any pre-qualified transferee shall enter into a written agreement with the City whereby
such Person, on behalf of itself, any successors or assigns thereof, and any and all parties with
a financial interest in the license or the cardroom operated thereunder, agrees that (a) the
Category II status of the license to be transferred thereto shall be temporary and subject to
reversion to Category I status in accordance with this Section; and (bl any action taken by the
City to revert the Category II license to a Category I license shall not constitute a taking of any
property or other interest held by such Person(s); and (c) such Person(s) waive and agree not to
pursue any and all claims or other action against the City in connection with a City decision to
revert the Category II license to a Category I license.
(c) Until such time that Category II Games have been operated
continuously by the pre-qualified transferee for a period of one (1) year following the effective
date of the transfer of the Category II license, or such longer period as the Category II license,
or such longer period as the chief of police may require (the "Temporary Category II Status
Period"), the Category II statues of the license shall be temporary, and therefore subject to
reversion to a Category I license upon a determination by the chief of police, in his/her sole
discretion, for any or no reason whatsoever, that the transferee should be required to first operate
as a Category I licensee prior to being permitted to operate as a Category II licensee in
accordance with the terms and conditions of Section 2.3.2 hereof. Such determination may be
made at any time within thirty (30) days after the expiration of the Temporary Category II Status
Period.
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(d) Pre-qualification of a potential transferee hereunder shall
not constitute City approval of a transfer to such potential transferee and any such transfer shall
remain subject to the provisions of Section 2.5 hereof.
2.5.5.3 For purposes of this Section, the City shall determine, in its sole
discretion, what constitutes a "material or controlling financial interest" provided; however, in
general, a transfer of a financial interest for purposes of pre-qualifying a Person under Section
2.5.6.2 shall not be considered the transfer of a "material or controlling financial interest".
2.5.6. Except as otherwise provided herein, upon the transfer, either all at once
or in a series of transfers, of a material or controlling financial interest in a license or the cardroom
operated thereunder, the holder of the license, which is the subject of such transfer shall be
considered to be new holder of such license subject to any and all provisions hereunder applicable
thereto.
2.5.7. Full Cost Recovery for Administrative Costs Associated With
Transfer. Any person submitting an application for transfer of a license shall be responsible for
payment to the City of all actual administrative costs incurred by the City including the cost of
staff time, at the City's full cost recovery rate, associated with the investigation of the application
for a license transfer and review of transfer documents. The chief of police shall estimate the
cost of City staff and other administrative costs in connection with an application and the Person
shall deposit such amount at the time of submitting the application for license transfer to the chief
of police. If actual costs incurred exceed the initial deposit the chief of police may require the
applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the
amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant
at the end of the City's review.
2.6 Consolidation.
2.6.1 In General. Notwithstanding any other section of this Gaming Plan to the
contrary, the holder of a Category I or Category II license may acquire additional Category I or
Category II licenses, subject to the consolidation rules and procedures of this Section 2.6. A
licensee is permitted to acquire as many licenses as are legally allowed in the City pursuant to
Municipal Code section 5.20.030, taking into account licenses already held by others.
2.6.2 Required Qualifications/Procedures. In order to acquire an additional
license, an existing license holder {a) must have continuously operated a cardroom under its
existing license within the City for a period of three (3) years at a fixed location; and (b) must
apply with the City and receive prior written approval from the City for such acquisition in
accordance with the rules and procedures set forth in Section 2.4 hereof regarding the initial
issuance of licenses. If the additional license is to be acquired from another existing license
holder, such application shall also be made in accordance with the rules and procedures
governing license transfers set forth in Section 2.5.3 hereof.
2.6.3 Effect of Consolidation; Deemed Consolidation. If an application for
the acquisition of an additional license is granted to an applicant holding one license, the two
licenses shall become "consolidated". In addition, two licenses shall be deemed to be
"consolidated" in the event that the same Person holds, or comes to hold, a "financial interest"
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(as defined in Section 2.4.3 hereof) in both licenses. or the cardrooms operated thereunder. If
an application for the acquisition of an additional license is granted to an applicant holding only
one or more sets of consolidated licenses, the additional license shall not be consolidated. If an
application for the acquisition of an additional license is granted to an applicant holding one or
more sets of consolidated licenses and one unconsolidated license, the unconsolidated license
held by the applicant shall be deemed to be consolidated with the new license. Under a
consolidated license, the maximum number of tables permitted to be operated is twenty (20),
subject to any additional or contrary terms and conditions set forth in Section 3.5 and/or other
provisions of this Gaming Plan. All tables operated under a consolidated license must be
operated in the same location.
2.6.4 Category I with Category II Consolidations. In the event that a
Category I license is consolidated with a Category II license, the following rules shall apply: (a) if
the previous owner of the Category II License retains majority ownership and control over the
consolidated license, the full benefits and burdens hereunder of Category II status shall apply to
all the card tables operated under such consolidated license (b) if the previous owners of the
Category I License retains majority ownership and control over the consolidated license, the
consolidated license shall retain Category I status and the requirements for conversion to a
Category II License under Section 2.3.2 of this Gaming Plan shall continue to apply.
2.7 License Fee.
2.7.1 In General. There shall be a license fee on any licensed cardroom within
the City in accordance with the terms of this Section 2.7. The license fee is for purposes of
generating revenues to the general fund of the City and not for purposes of regulation. The fee
shall be based upon the number of tables that are licensed by the City pursuant to the terms of
this Gaming Plan that are also permitted to be operated by the City at the location where the
license is being utilized pursuant to the City's land use laws and regulations. The fee shall be
based upon the maximum number of tables so licensed and permitted based upon the category
of license issued with respect thereto, regardless of the number of tables that may actually be
operated on any given day or the category of game conducted thereon. Notwithstanding the
foregoing, if the City approves new tables, but State approval is required before the operation of
any such new tables, the license fee set forth below in sections 2.7.2 through 2.7.6, inclusive,
with respect to such new tables, shall not go into effect until the date the required State
approval is obtained.
2.7.2 Amount of Fee. The license fee to be assessed and collected on each
licensed cardroom shall be the applicable "base rate" fee determined as follows:
2.7.2.1 Base Rate:
(a) Category I: Effective July 1, 2019 the base license fee for card
tables licensed under a single, non-consolidated Category I license shall be
$3,750 per card table per quarter.
(b) Category II: Effective July 1, 2019 through June 30, 2020, the base
license fee for each card table in a cardroom licensed to play Category II games under a Category
II license shall be $9,000 per table per annual quarter. Effective July 1, 2020 through June 30,
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2021, the base license fee for each card table in a cardroom licensed to play Category II games
under a Category II license shall be $9,540. This rate shall apply to the maximum number of
tables licensed and approved to be operated at the cardroom location regardless of whether or
not such tables are actively being used, and regardless of whether or not Category II games are
actually being played at such tables.
(c) Percentage Payment Structure The base rate license fee for
operation of any tables licensed by the City to the cardroom as set forth in this Gaming Plan
may be converted to a license fee based upon a percentage of gross revenue generated by
Licensee from the play of any game or gaming activity ("Percentage Payment Structure"). Unless
otherwise specified in an amendment to the Gaming Plan, the timing of any conversion to and
the specific terms of any Percentage Payment Structure shall be set forth the agreement
between the parties required pursuant to Section 5.5 hereof.
2.7.3 Procedures for Payment of Fee.
2.7.3.1 Advance Payment. The license fee provided hereunder shall
be payable quarterly in advance by no later than the day falling fifteen {15) days prior to the first
day of each calendar quarter.
2.7.4 Audit rights. The City shall have the right to conduct an independent
audit of licensee's accounting records at any time upon three (3) days prior written notice to
licensee. The audit shall be performed by a party designated by the City, subject to the
reasonable approval of licensee. If the City elects to conduct such an audit, the licensee shall be
responsible for reimbursing City costs incurred in connection therewith. The licensee's
reimbursement obligation under this Section shall not exceed $10,000.00 per any twelve (12)
month period.
2.7.5 Fee Receipt. The finance director shall issue a receipt for each licensed
cardroom and such receipt shall be displayed on the premises during the full term for which such
receipt was issued.
2.7.6 Annual Increase in Base License Fee Rate. The base rate license fee
amounts set forth in Section 2.7 shall be increased by three percent (3%) per year. The first
increase shall take effect on July 1, 2021 and each subsequent increase shall take effect on each
July 1 thereafter. This annual base rate increase shall apply to all tables licensed and approved
in the previous year regardless of whether or not such tables were put into service that year.
Notwithstanding the above, if the Percentage Payment Structure becomes the basis to calculate
the base rate license fee, then the terms of increase in such fee shall be governed by the
agreement entered into pursuant to Section 5.5 hereof.
3. Operating Limitations and Conditions.
3.1 City Land Use Regulations Shall Control.
All cardrooms and card table operations shall be subject to the City's land use
regulations. Notwithstanding any provision in this Gaming Plan to the contrary, no cardroom
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operations shall be permitted without the prior acquisition of any and all necessary approvals
and permits from the City in connection therewith, and any cardroom operation with such
approvals and permits shall operate in strict compliance with any and all terms and conditions
thereof. For example, in no event shall the cardroom exceed the number of players it is restricted
to in its conditional use permit based on parking limits or other imposed conditions.
3.2 Games Permitted.
3.2.1 Category I License: Subject to the terms and conditions of this Gaming
Plan and the Gaming Code, the holder of a Category I cardroom license shall be permitted to
operate a cardroom that conducts all card games that have been determined by the Office of
the Attorney General of the State of California ("Attorney General") to be within the permissible
subject of local licensing by California cities, excluding those games involving "backline betting."
The games permitted under this section shall be referred to herein from time to time as "Category
I Games."
3.2.2 Category II License: Subject to the terms and conditions of this Gaming
Plan and the Gaming Code, the holder of a Category II cardroom license shall be permitted to
operate a cardroom which conducts all card games permitted by a Category I license {as
described in Section 3.2. l, above,), plus those card games which involve backline betting. Such
games shall be referred to herein from time to time as "Category II Games." For purposes of this
Gaming Plan, back-line betting may be conducted, as that term is understood pursuant to
Business and Professions Code Section 19843. If the Office of the Attorney General authorizes
a new game that would fall within Category I but has not previously been played in the City, then
the Licensee will simultaneously send the chief of police a copy of the application request for
game approval submitted to the Office of the Attorney General. The chief of police shall provide
notice within 30 days whether it would like to further review the game before it is played at the
cardroom. The chief of police shall have the right to approve or disapprove any proposed new
games in his/her sole discretion, and such decision shall be final. If no notice is provided, it is
assumed that the game is approved to be played in the City.
3.3 Game Rules.
Except as specifically provided in this Gaming Plan, all rules for games played at a
cardroom shall be governed by State law and the California Bureau of Gambling Control (the
"CBGC"), the California Gambling Control Commission (the "CGCC"), or their successor entities
(collectively "State Agencies"). Rules for every game allowed shall be made readily available to
players and prospective players as follows: (1) in one or more binders within the cardroom; (2) on
the cardroom's official website (if any); and (3) in printed fliers. In addition, each table shall identify
the game currently being played using a prominently placed sign at said table. A generic game
name is permissible for the table sign (i.e., California Blackjack, Pai Gow Poker, Ultimate Texas
Hold'Em, etc.).
3.4 Hours and Days of Operation.
Licensed cardrooms may operate seven days per week, twenty-four hours per
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day subject to any and all land use conditions imposed by the City with respect to a specific site
of operation.
3.5 Maximum Number of Tables.
Subject to such limitations as may be imposed by local land use conditions, to a
specific site of operation, the maximum number of tables that may be operated under a cardroom
license are as follows:
3.5.1 Category I - Non-Consolidated. The maximum number of tables that
may be operated under a single, non-consolidated Category I license shall be sixteen (16).
3.5.2 Category I - Consolidated. The maximum number of tables permitted
under a consolidated Category I license shall be twenty (20) during gaming operations.
3.5.3 Category II - Non-Consolidated. The maximum number of tables that
may be operated under a non-consolidated Category II license shall be sixteen (16).
3.5.4 Category II - Consolidated. The maximum number of tables that may be
operated under a consolidated Category II license shall be twenty (20). In no event shall more
than fifteen (15) of such twenty (20) tables be operated with "backline" betting games at one time.
3.6 Maximum Number of Players Per Table.
Subject to such limitations as may be imposed by local land use conditions, to a
specific site of operation, the maximum number of players permitted at any one cardroom table
are as follows
3.6.1 Category I Tables. No more than ten (10) players shall be permitted at
any one card table conducting Category I games. Only persons seated at the card table as
players shall be permitted to bet.
3.6.2 Category II Tables. No more than eight (8) seated players with no more
than two additional standing players per seat participating in "backline" betting behind the seated
player (for a total number of twenty (24) players (standing and sitting) per table) shall be
permitted at any one card table conducting Category II games.
3.7 Maximum Limits and Bets.
3.7.1 In General. Maximum limits and wagers shall be based on the approvals
from the State Agencies. Maximum limit and wager approvals will be provided to the Chief of
Police prior to implementation.
3.7.2 Adequate Financing on Hand/Payment Policy. At all times, licensee
must have sufficient proceeds to reimburse any and all demands made upon said licensee for
the payment of all monies that patrons have on deposit with that cardroom. In the alternative,
and subject to notification to the Chief of Police, said licensee may have a written policy for full
payment of all monies that patrons have on deposit with that cardroom to a cardroom patron
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clearly posted in a place visible to cardroom patrons.
3.8 Maximum House Charges Per Hand - - Posting Required.
3.8.1. Approval. All house collection rates will be approved by the State
Agencies and notification will be given to the Chief of Police prior to being imposed.
3.8.2 Posting Required. A copy of all collection rate schedules shall be provided
to the Chief of Police. The collection rate in use shall be clearly posted at the table.
3.9 Work Permits and Identification Badges Required For Employees.
3.9.1 Work Permit Required. Unless other provided herein, prior to
commencing work at a cardroom, each proposed employee of a cardroom, if such Person is
other than the Person or Persons whose names appear on the application for the cardroom
license, must obtain a work permit from the Chief of Police. Additionally, any employee of any
ancillary business (Third Party Providers of Proposition Player Services, massage therapists,
etc.) that is operating at the cardroom location must also obtain a work permit.
3.9.2 Temporary Probationary Work Permit. Temporary probationary work
permits may be summarily issued upon payment of the requisite application fee for food and
beverage servers, janitorial staff, and kitchen workers pending the issuance of a regular annual
work permit. Such temporary probationary work permits may be subject to immediate summary
revocation with or without cause by the chief of police and shall not be valid for more than thirty
{30) days and shall automatically expire upon issuance of the regular annual work permit or upon
denial of the regular annual work permit application by the chief of police. The fee for temporary
probationary work permit shall be non-refundable and in addition to the fee for the regular annual
work permit application.
3.9.3 Application Process. Each proposed employee shall submit an
application for the required work permit to the Chief of Police. Such application shall be on a form
issued by, or otherwise approved in advance by, the Chief of Police. Such application shall
include, in addition to any other information required by the chief of police, (a) the past criminal
record, if any, of such Person; (bl the fingerprints of such Person; and {c) a non-refundable fee,
as presently designated, or as may in the future be amended, in the Master Fee Schedule for
cardroom applications, to cover the cost of processing the application and of any required
investigation of the applicant including a criminal background check to be performed by the police
department at the applicant's expense. The work permit, when issued, shall be valid for one (1)
year. Any renewal must also be approved by the chief of police and will be subject to a criminal
background check to be performed by the chief of police at the applicant's expense. The chief of
police may deny the initial approval or renewal of a work permit if, in the chief of police's opinion,
{l) in the case of a proposed key employee the applicant therefore should not be permitted to act
as key employee or employee in lieu of management by the licensee of the cardroom; and (2) in
the case of a proposed employee the applicant therefore should not be permitted to be employed
in a cardroom.
3.9.4 Identification badges to be worn. Every employee shall, at all times
when present in such cardrooms, wear an identification badge containing such Person's
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photograph, first name and the police department issued employee identification number. The
identification badges shall be worn at chest level.
3.9.5 Limitation of Discretion to Issue Work Permit. In addition to any other
restrictions provided by law, no work permit shall be issued to any other restrictions provided by
law, no work permit shall be issued to anyone who is disqualified from holding a state gambling
license, for any of the reasons specified in California Business and Professions Code Section
19850.
3.9.6 Denial of an application for a Work Permit. Any application for a work
permit shall be subject to objection by the State of California Bureau of Gambling Control
(hereafter Bureau). If the Bureau objects to the issuance of a work permit it shall be denied.
Such a denial may be reviewed in accordance with the Gambling Control Act (Business and
Professions Code Section 19801 et seq.).
3.9.7 Proposition Players.
3.9.7.1 A licensee shall use only employees or properly licensed
independent contractors as proposition players.
3.9.7.2 A licensee shall not allow, permit, or suffer more than four (4)
proposition players to play at a card table at any given time, subject to modification by the chief
of police in his/her sole discretion.
3.9.7.3 The licensee shall not provide any compensation, reward, credit,
chips, or any other thing of value or representation of value to an employee who acts as a
proposition player other than drop reimbursement, salary or wages earned for the time the
employee works as a proposition player. This prohibition does not prohibit a proposition player
from receiving the same employment benefits as apply to all other employees of the licensee;
provided that no employee or independent contractor shall be paid in chips.
3.9.7.4 A proposition player shall prominently display an identification
badge pursuant to Section 3.9.3 at all times while present on the cardroom premises.
3.10 Intoxicating Beverages.
3.10.1 Intoxicating Beverages Permitted. Upon application to and approval
by the chief of police, in his/her sole discretion and control and pursuant to a procedure to be
implemented and administered by the chief, alcoholic beverages may be served and consumed
in a cardroom from the hours of 6:00 AM. to 2:00 AM. At all times that alcoholic beverages are
served, food must also be made available and the cardroom shall comply with its ABC On-Site
General Sale (Type 47) Eating Place license, where 50 percent or more of all sales must be food.
The chief of police's decision concerning the consumption and service of intoxicating beverages
shall be final. Additionally, licensee shall comply with all applicable state and local laws, rules
and regulations, including the City's land use regulations, pertaining to the sale and service of
intoxicating beverages. All servers are required to have a valid Responsible Beverage Service
("RBS") certification from an ABC accredited RBS training provider.
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3.10.2 Key Employee/employee Consumption Prohibited. The drinking of
any intoxicating beverage by any key employee, independent contractor or employee of a card
room while on duty is prohibited. The licensee of a cardroom shall take all necessary and
appropriate steps to assure compliance with this section.
3.10.3 Permitting Intoxicated Persons to Play in Games Prohibited. No
licensee, key employee, independent contractor or employee shall permit any Person to play
in any game or at any time which such Person is under the influence of an intoxicating
beverage, narcotic, or drug.
3.10.4 Permitting Intoxicated Persons on Premises Prohibited. No
licensee, key employee, independent contractor or employee shall permit any Person to enter
a gambling establishment at any time when such Person appears to be under the influence of
an intoxicating beverage, narcotic or drug.
3.11 Minors Prohibited from Patronage or Employment.
No person under twenty-one years of age shall be employed at a cardroom,
allowed to play games at a cardroom, or permitted in a cardroom area where games are being
played. Minors may be allowed in non-gaming areas of a cardroom (for example, in an
associated restaurant) but only with the prior approval of the chief of police, of a written plan
containing provisions that assure that no minor shall have no access to gaming areas or alcohol.
Given the high level of concern with public safety, the Police Chief's approval of any plan allowing
minor access to non-gaming areas shall be in his/her sole discretion and the Chief's decision
shall be final.
3.12 Signs to be Posted.
Licensee shall comply at all times with the sign requirements set forth in this
Gaming Plan including, without limitation, Sections3.3, and 3.8.2 hereof, and any and all other
signage or posting requirements contained in applicable federal, state or local laws, rules and
regulations.
3.13 Licensee Responsible for Compliance and Supervision of Operations.
The licensee of a cardroom shall be responsible for assuring that any cardroom
operated under such license is operated in strict compliance with the terms of this Gaming Plan,
the provisions of the Penal Code of the State of California and any and all other applicable
federal, state, and local laws, rules, regulations, or permits. All cardrooms and/or card tables
shall be supervised by the operator or an employee of the operator of the cardroom, to assure
such compliance. Any violation of the cardroom operating limitations and conditions in this
Section 3, or elsewhere in the Gaming Plan, whether or not caused by the licensee or any
employee thereof, shall be considered a violation by the licensee of the terms and conditions of
its license, and therefore subject to the City's enforcement rights and policies set forth in Section
4 hereof.
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3.14 Patron Safety and Security.
3.14.1 Each licensee shall submit a written patron safety and security plan,
designed to protect patrons and other persons who are lawfully on the premises of the
permitted cardroom, to the chief of police for his/her approval prior to opening for operations.
3.14.2 The chief of police, in his/her sole discretion and control, shall have the
right to require amendments to the patron safety and security plan that are, in his or her judgment,
reasonably necessary to protect the public peace, health, safety, and general welfare.
3.14.3 Licensee shall be responsible for payment to the City of all actual
administrative costs incurred by the City, including the cost of staff time, at the City's full cost
recovery rate, associated with the oversight of the patron safety and security plans required by
this section, including the administrative costs associated with the review and approval of a
patron safety and security plan or any amendments thereto which may be mandated by the chief
of police. The chief of police shall estimate the cost of City staff and other administrative costs in
connection with oversight of the patron safety and security plans and the licensee shall deposit
such amount at the time of submitting the patron safety and security plan to the chief of police. If
actual costs incurred exceed the initial deposit the chief of police may require the applicant to
make additional deposits to offset costs incurred or to be incurred by the City. If the amount
estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the
end of the City's review.
3.15 Crime Reporting Requirement.
3.15.1 Every licensee, key employee, employee, or independent contractor of
a cardroom shall immediately report to the Chula Vista Police Department any crime committed
on the cardroom premises.
3.15.2 Each licensee shall maintain a chronological criminal activity log and
such other reports as the chief of police may determine are needed in order to effectively assist
the Chula Vista Police Department to carry out its law enforcement function and protect the public
health, safety, and welfare.
3.15.3 It shall be unlawful for a licensee, manager, employee or independent
contractor of a cardroom to disable any 911 access on any public telephone on the cardroom
premises.
3.16 Licenses or Key Employee on Premises.
A cardroom shall have on the premises, at all times the cardroom is open to the
public, the licensee or a key employee. A "key employee" for purposes of this section is defined
as an employee who shall have access to all cardroom premises for purposes of inspection or
for purposes of compliance with any provision of this Gaming Plan and who shall have the
responsibility and authority to ensure immediate compliance with the Gaming Plan and all state
laws and regulations pertaining to gaming. Further each cardroom licensee shall identify in
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writing the name, address, and telephone number of each key employee, and each key
employee shall wear an identification badge designating the employee as a key employee.
4. Enforcement.
4.1 In General.
It is unlawful and a violation of this Gaming Plan to obtain, transfer or consolidate
a cardroom license, or to operate a cardroom in violation of any of the regulations and rules set
forth in the Gaming Code, this Gaming Plan, and any and all other applicable federal, state and
local laws, rules, regulations or permits.
4.2 Monetary Fines.
4.2.1 Amounts of Fines. For any violation of the terms of this Gaming Plan,
the City shall have the right to impose a penalty of up to $1,000 per day for each day the licensee
is in violation. In the event that a licensee is cited for a violation (not necessarily the same
violation) more than three (3) times within a six-month period, upon the fourth such citation, and
with respect to any occurrence thereafter, the City shall have the right to impose a penalty of up
to $5,000 per day the licensee is in violation.
4.2.2 Imposition of Fine Not Election of Remedies. The pursuit of monetary
fines against a licensee or the receipt of payment therefore shall not constitute an election of
remedies on the part of the City and thus shall not preclude any other course of action such as
may be available including, without limitation, the revocation of the cardroom license held or
issued hereunder, the revocation of any and all permits or approvals permitting the operating
of the cardroom, and any and all other remedies available to the City at law or in equity.
4.3 Revocation and Suspension.
4.3.1 City Right to Revoke or Suspend. Any cardroom license issued or held
hereunder may be revoked or suspended by the City, after a public hearing, upon the
determination by the City council and the chief of police that with respect to the license and/or
cardroom operated thereunder, there has been a material violation, or repeated violations of this
Gaming Plan or any or all other applicable federal, state or local laws, rules, regulations or
permits.
4.3.2 Material Violation. The City shall determine, in its sole discretion, what
shall constitute a material violation for purposes of revocation or suspension under this
Section 4.3. Material violations may include, without limitation, the following:
(a) A misrepresentation or exclusion on any application for approval,
report or statement of revenues required to be submitted under this Gaming Plan or under any
other applicable federal, state or local law, rule, regulation or permit.
(b) A non-complying purported transfer of a cardroom license held or
issued hereunder.
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(c) Allowing persons other than those named in the application on file
with the City, or otherwise previously approved by the City, to hold a financial interest in, or have
direct management authority over, a cardroom.
(d) Maintaining a greater number of tables than the number permitted
by the license.
(e) Failure to strictly comply with any and all federal, state, and local
laws, rules, regulations, and permits applicable to the holding of a license or the operation of a
cardroom hereunder, including, without limitation local land use and other code provisions.
(f) Failure to pay, when due, the amount of license fee owed pursuant
to Section 2.7 hereof.
(g) Citation of five (5) or more minor violations of this Gaming Plan
within any twelve (12) consecutive months.
(h) The conduct of criminal or dangerous activities at or attributable to
the licensed cardroom.
(i) Failure to pay, when due, the amount of any monetary fine imposed
pursuant to Section 4.2.1 hereof.
(j) Refusal to permit City access to a cardroom for purposes of
auditing or inspecting same.
4.4 Inspection Rights.
The City shall have the right, at any time, without notice, to enter into any
cardroom operating within the City and to conduct a reasonable inspection of all areas of such
cardroom, and/or any or all fixtures, equipment, accounting materials or documents contained
therein, in order to determine whether or not such cardroom is being operated in accordance with
this Gaming Plan. This inspection right is in addition to the audit rights enumerated in Section
2.7.4 herein.
5. General Provisions.
5.1 Definitions.
Except as otherwise expressly defined herein, capitalized terms, and terms
otherwise requiring definitions for proper interpretation, shall have the meanings ascribed
thereto by the Gaming Code.
5.2 Section Headings.
Section headings contained herein are for reference purposes only and shall
not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent
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of the provisions of any section hereof.
5.3 Gaming Plan Amendments.
5.3.1 City Council Approval Required. This Gaming Plan may be revoked
or amended, in whole or in part, at any time, after a public hearing, by approval of the City
Council, provided, however, different terms of operation may be provided in the agreement
required by Section 5.5 hereof, below.
5.3.2 Full Cost Recovery for Administrative Costs Associated with
modifications to Gaming Plan. Any Person requesting any modification to the Gaming Plan
shall be responsible for payment to the City of all actual administrative costs incurred by the
City including the cost of staff time, at the City's full cost recovery rate, associated with the
request for modification of the Gaming Plan. The chief of police shall estimate the cost of City
staff and other administrative costs in connection with the requested modification and the
Person shall deposit such amount at the time of submitting his/her request for modification to
the Gaming Plan. If actual costs incurred exceed the initial deposit the chief of police may
require the applicant to make additional deposits to offset costs incurred or to be incurred by
the City. If the amount estimated is in excess of the cost incurred, the difference will be
refunded to the applicant at the end of the City's review.
5.4 Integrated Plan.
All provisions of this Gaming Plan are intended to be integral parts of a
comprehensive regulatory scheme. In the event that any material provision hereof is finally
determined to be invalid, then, as of the date of such determination (a) the entire Gaming Plan
shall, AB initio, become void and of no effect, and (bl the Gaming Code provisions otherwise
implemented or superseded hereby shall become effective.
5.5 Agreement of Licensee to Accept Validity and Abide by all Provisions.
Each licensee which holds or is issued a license hereunder, in order to legally
operate a cardroom within the City must first enter into a written agreement with the City
whereby, for the term specified therein, such licensee agrees, on behalf of itself, any
successors or assigns thereof, and any and all parties with a financial interest in the license
or the cardroom operated thereunder, that such Persons (a) shall abide by any and all
provisions of the Gaming Plan; (b) acknowledge that all provisions of the Gaming Plan are
valid and enforceable by the City against such Persons; and (c) waive and agree not to pursue
any and all claims or other action against the City that any or all provisions of the Gaming Plan
were not legally adopted, valid or enforceable with respect thereto. In consideration for
licensee's commitments thereunder, such agreement may also provide for a specified time
period for card room operations without being subject to City imposed changes to the Gaming
Plan, all as more specifically provided therein.
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CHULA VISTA GAMING PLAN
[Adopted July 23, 2019November
14, 2023]
In accordance with Chapter 5.20 of the Chula Vista Municipal Code {the "Gaming Code"),
this document shall serve as the gaming plan for the operation of Cardrooms within the City of
Chula Vista {the "Gaming Plan"). This Gaming Plan was originally adopted on February 13, 1996,
after a public hearing, pursuant to city council Resolution No. 18212. The Gaming Plan has been
amended as follows: {l) on January 13, 1998 pursuant to Resolution No. 18862; {2) on November
10, 1998 pursuant to Resolution No. 19251; {3) on September 26, 2000, pursuant to Resolution
No. 2000-332; {4) on October 6, 2009, pursuant to Resolution No. 2009-238; {5) on March 14,
2012, pursuant to Resolution No. 2012-047; {6) on March 3, 2015, pursuant to Resolution No.
2015-056; and, (7) on April 11, 2017, pursuant to Resolution No. 2017-0128, and (8) on July 23,
2019, pursuant to Resolution No. 2019-143. The modifications contained in such amendments
shall be deemed effective as of the dates of their adoption.
Effective upon its adoption, this Gaming Plan implements, in its entirety, Subchapter 2 of
the Gaming Code relating to Cardrooms. Pursuant to Subchapter 1, Section 5.20.004, of the
Gaming Code any inconsistency between the Gaming Code and the Gaming Plan shall be
governed by the provisions of the Gaming Plan. Except to the extent that this Gaming Plan
expressly modifies or is otherwise inconsistent with the Gaming Code, the Gaming Code shall
remain in full force and effect.
This Gaming Plan is intended to deal only with the subject of Cardrooms. No other types
of gaming permitted by the Gaming Code, shall be governed hereby. To be permitted, such other
types of gaming must be the subject of further action by resolution of the City Council to amend
or add to this Gaming Plan.
This version of the Gaming Plan is adopted and effective as of November 14, 2023
pursuant to City Council Resolution No. ________.
CARDROOMS
1. Cardroom Defined.
For the purpose of this Gaming Plan, a "cardroom" is defined to be any space, room, or
enclosure furnished or equipped with a table or tables used or intended to be used, either
exclusively or in conjunction with another business or activity, as a card table for the playing of
cards and similar games, and the use of which is available to the public.
2. Licensing.
2.1 License Required to Operate Cardroom - Individual Licensees Must be 21 Years
or Older.
A license from the City issued pursuant to this Gaming Plan, is required for any person,
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group of persons, partnership, corporation, or any other entity or organization (each a "Person"
hereinafter] to engage in or carry on, or to maintain or conduct, or cause to be engaged in, carried
on, maintained or conducted, any cardroom in the City. Any such activity conducted without such
a license, or otherwise in non-compliance with the terms of this Gaming Plan, the Gaming Code,
or any and all other applicable federal, state and local laws and regulations shall be unlawful. No
license shall be issued to any individual Person under the age of twenty-one years.
2.2 Number of Licenses Permitted - Existing Licenses.
The number of licenses authorized to be issued or held, in the aggregate, under the
provisions of this Gaming Plan shall be limited, based upon the population of the City according
to the certified determination thereof by the state department of finance. All such licenses shall
be issued and held in accordance with the provisions of this Gaming Plan; provided, however,
any Person holding a license or licenses to conduct cardroom operation upon the effective date
of this Gaming Plan may continue to hold such license or licenses subject to the terms and
conditions set forth herein. For purposes of determining the number of licenses which are
authorized to be issued by the City hereunder, any two licenses which are "consolidated"
pursuant to Section 2.6 hereof shall still be treated as being two separate licenses counted
against the total number authorized under state law, and shall be entitled to all rights, benefits,
and restrictions as if the licenses were held separately, both under state law and the terms of
this Gaming Plan.
2.3 Two Types of Gaming Classifications.
2.3.1 In General. There shall be two types of cardroom licenses: Category I and
Category II. The characteristics, rights, obligations and limitations attributable, respectively, to a
Category I or Category II licenses are set forth throughout this Gaming Plan. Subject to all such
provisions, in general,
(a) a Category I license shall permit the playing of all games available for licensure
through the Office of the Attorney General, except games involving "back-line" betting; and
(b) a Category II license shall permit the playing of all games permitted under a
Category I license and shall also permit games involving back- line betting. "Back-line" betting
card games are card games which allow a player not seated at a cardroom table, but standing
adjacent to the table, to bet on a hand being played by a player seated at that table. Subject to
state and local law, multiple "back-line" betters may be allowed to participate in any one game.
2.3.2 All licenses issued by the City shall initially be Category I licenses. In order
to obtain a Category II license, the applicant (a) must have continuously operated a cardroom
that plays Category I games for a period of three (3) years; and (b) must apply with the City and
receive prior approval from the City for such conversion in accordance with the application
procedures set forth in Section 2.4 hereof, below.
2.4 Application/Issuance Procedure.
2.4.1 In General. Any Person desiring a cardroom license must submit an
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application to the chief of police. The application shall be on a form issued by, or otherwise
approved in advance by, the chief of police. Such application shall include, in addition to any
other information required by the chief of police, (a) the true names and addresses of any and
all Persons currently, or contemplated to have a "financial interest" in the cardroom operation
proposed to be licensed; (b) the past criminal record, if any, of any and all such Persons; (c) the
fingerprints of any and all such Persons; (d) the proposed location of the cardroom; and (e) a
non-refundable fee, as presently designated, or as may in the future be amended, in the Master
Fee Schedule, to cover the cost of processing the application and of any required investigation
of the applicant. Upon the issuance of a cardroom license, the chief of police may authorize the
refund of the investigation portion of the application fee to any Persons who were not subject to
investigations.
2.4.2 Approval Required. Any and all proposed cardroom licensees must
receive (a) prior written approval of the chief of police, which approval may be withheld in the
sole discretion of the chief of police, (b) approval by the State of California Division of Gambling
Control; and (c) the ratification of the City Council, which ratification may be withheld in the sole
discretion of the City Council. Such approval and/or ratification may be conditioned as the acting
parties deem appropriate, and may be based, but is not required to be based, entirely or in part
on the assessment by the chief of police or, as applicable, the City Council, of the character of
the proposed licensee, or on the opinion of the approving or ratifying entity, that there appears
to be good cause why such Person should or should not operate a cardroom. Notwithstanding
the foregoing in the event of a transfer directly caused by the death or divorce of a Person
holding a financial interest in a license, the "prior approval" requirement, above, shall be
amended to require that approval of the resulting transferee be obtained by no later than sixty
(60) days following the death or divorce causing such transfer. The time limit may be extended
provided the resulting transferee has submitted its application and such additional information
as may have been requested with the licensing authorities in a timely fashion.
2.4.3 For purposes of this Section 2.4 and the Gaming Plan, the term "financial
interest" shall mean any and all direct or indirect ownership, creditor or other interests, in a
cardroom license, the cardroom business operated thereunder, the assets thereof, or the
revenues generated thereby.
2.4.3.1 Such an interest shall include, without limitation, any and all
interests held by building owners, landlords, tenants, equipment or fixtures owners, lessors or
lessees, creditors, lenders or guarantors related in any way to the ownership, financing or
operation of the cardroom; and (b) a parent, spouse, sibling or child of an individual Person
holding a direct, majority or controlling ownership interest in a license or cardroom shall also be
deemed the holder of a "financial interest" for purposes of this Section and this Gaming Plan.
2.4.3.2 The City shall decide, in its sole discretion, whether a particular
circumstance or transaction falls within the scope of the definition of a "financial interest" that
requires submission of an application to the chief of police and approval by the Council for
separate licensure.
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2.4.4 Any new or revoked cardroom license otherwise qualified for issuance
may be issued during the period of May 1 through June 30 following the availability or revocation
date of such a license. After the expiration of this period no further licenses shall be issued until
the following May 1 through June 30 period. In the event that there are applications in excess of
the number of licenses available in accordance with the limitations set forth in Section 2.2 hereof,
a license may be issued to the most qualified of such applicants in accordance with a procedure
established by the City. Notwithstanding the foregoing, the City shall decide, in its sole discretion,
as to whether to issue any cardroom license authorized hereunder, and whether or how to
condition such an issuance; furthermore, the City reserves the right, for any reason whatsoever,
to reject any and all applications for a cardroom license hereunder.
2.5 Transfers.
2.5.1 In General. Any license issued pursuant to this Gaming Plan, a cardroom
operated thereunder, or any direct or indirect interest therein, may only be transferred in
accordance with the terms and conditions of this Section 2.5. Transfers governed by this section
shall include, without limitation, any and all sales, leases, conveyances, assignments, grants,
pledges, gifts, devises, donations and/or similar transfers by a Person of any or all of such
Persons, direct or indirect, ownership interest in a license or cardroom operated thereunder, or
"financial interest" in a license or cardroom operated thereunder, as such concept is defined in
Section 2.4.3 hereof.
2.5.1.1 Such transfers shall include, without limitation, (a) a transfer of all
or any shares by a shareholder in a corporate licensee; (b) the transfer of all or any partnership
interest by a partner in a partnership licensee; (c) the transfer of all or any portion of a
controlling shareholder or partnership interest in an entity which itself holds a direct or indirect
ownership or financial interest in a license or cardroom; and (d) a transfer of a substantial
portion of the assets of a Person holding a license or a cardroom operated thereunder.
2.5.1.2 Such transfers shall not include (a) corporate structure
reorganization where the individuals involved in the ownership and their respective percentage
interests do not change; (b) transfer of ownership interest for estate planning purposes where the
trustee is the same as the current licensed owner; or (c) such other situation that is similar to
those described above that the City deems to be immaterial.
2.5.2 Application Required. Any applicant seeking a license transfer must
comply with all of the application and approval requirements set forth in Section 2.4.
2.5.2
2.5.3
2.5.42.5.3 Three
Years Operation Required Before Transfer. With the exception of those licenses which have
been issued prior to September 1, 1992, no license may be transferred unless and until the
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holder thereof has been operating a cardroom governed by such license for three (3) years at a
fixed location in the City. Licenses issued prior to September 1, 1992 may not be transferred
unless and until the holder thereof has been operating a cardroom governed by such license for
one (1) year at a fixed location within the City.
2.5.4 Non-Complying Transfers. In the event of a purported transfer of a
license that does not comply with the terms of this Section, the purported transferor shall be
subject to monetary penalties as provided in Section 4.2 hereof. The purported transferee shall
have no rights to operate a cardroom in the City under the authority of such license. The license
involved shall be subject to revocation by the City as provided in Section 4.3 hereof; and (d) the
transfer may otherwise be declared null and void.
2.5.5 Special Rules for Transfers of Category II Licenses.
2.5.5.1 Except as otherwise provided herein, upon the transfer, either
all at once or in a series of transfers, of a "material or controlling financial interest" (define below)
in a Category II license, the Category II license, which is the subject of such transfer, shall
immediately revert back to a Category I license. A Category II license so reverted may be
converted back to a Category II license, but only in accordance with the provisions of Section
2.3.2 hereof.
2.5.5.2 Notwithstanding the foregoing, a material or controlling interest
in a Category II license may be transferred without reversion of the subject Category II license to
Category I status subject to the following terms and conditions:
(a) The transfer must be to a "pre-qualified transferee". For
purposes of this Section, a "pre-qualified transferee" shall be defined as a Person on record with
the chief of police as a Person holding a financial interest in the license, which, with the prior
knowledge of the chief of police, acknowledged in writing thereby, has been substantially
responsible for the management and operations of a licensed cardroom continuously for a period
of three (3) years.
(b) In addition to the agreement required pursuant to Section 5.5
hereof, any pre-qualified transferee shall enter into a written agreement with the City whereby
such Person, on behalf of itself, any successors or assigns thereof, and any and all parties with
a financial interest in the license or the cardroom operated thereunder, agrees that (a) the
Category II status of the license to be transferred thereto shall be temporary and subject to
reversion to Category I status in accordance with this Section; and (bl any action taken by the
City to revert the Category II license to a Category I license shall not constitute a taking of any
property or other interest held by such Person(s); and (c) such Person(s) waive and agree not to
pursue any and all claims or other action against the City in connection with a City decision to
revert the Category II license to a Category I license.
(c) Until such time that Category II Games have been operated
continuously by the pre-qualified transferee for a period of one (1) year following the effective
date of the transfer of the Category II license, or such longer period as the Category II license,
or such longer period as the chief of police may require (the "Temporary Category II Status
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Period"), the Category II statues of the license shall be temporary, and therefore subject to
reversion to a Category I license upon a determination by the chief of police, in his/her sole
discretion, for any or no reason whatsoever, that the transferee should be required to first operate
as a Category I licensee prior to being permitted to operate as a Category II licensee in
accordance with the terms and conditions of Section 2.3.2 hereof. Such determination may be
made at any time within thirty (30) days after the expiration of the Temporary Category II Status
Period.
(d) Pre-qualification of a potential transferee hereunder shall
not constitute City approval of a transfer to such potential transferee and any such transfer shall
remain subject to the provisions of Section 2.5 hereof.
2.5.5.3 For purposes of this Section, the City shall determine, in its sole
discretion, what constitutes a "material or controlling financial interest" provided; however, in
general, a transfer of a financial interest for purposes of pre-qualifying a Person under Section
2.5.6.2 shall not be considered the transfer of a "material or controlling financial interest".
2.5.67. Except as otherwise provided herein, upon the transfer, either all at once
or in a series of transfers, of a material or controlling financial interest in a license or the cardroom
operated thereunder, the holder of the license, which is the subject of such transfer shall be
considered to be new holder of such license subject to any and all provisions hereunder applicable
thereto.
2.5.78. Full Cost Recovery for Administrative Costs Associated With
Transfer. Any person submitting an application for transfer of a license shall be responsible for
payment to the City of all actual administrative costs incurred by the City including the cost of
staff time, at the City's full cost recovery rate, associated with the investigation of the application
for a license transfer and review of transfer documents. The chief of police shall estimate the
cost of City staff and other administrative costs in connection with an application and the Person
shall deposit such amount at the time of submitting the application for license transfer to the chief
of police. If actual costs incurred exceed the initial deposit the chief of police may require the
applicant to make additional deposits to offset costs incurred or to be incurred by the City. If the
amount estimated is in excess of the cost incurred, the difference will be refunded to the applicant
at the end of the City's review.
2.6 Consolidation.
2.6.1 In General. Notwithstanding any other section of this Gaming Plan to the
contrary, the holder of a Category I or Category II license may acquire one, but only one,
additional Category I or Category II licenses, subject to the consolidation rules and procedures
of this Section 2.6. Under no circumstances may any Person acquire or hold more than two City
licenses. A licensee is permitted to acquire as many licenses as are legally allowed in the City
pursuant to Municipal Code section 5.20.030, taking into account licenses already held by
others.
2.6.2 Required Qualifications/Procedures. In order to acquire an additional
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license, an existing license holder {a) must have continuously operated a cardroom under its
existing license within the City for a period of three (3) years at a fixed location; and (b) must
apply with the City and receive prior written approval from the City for such acquisition in
accordance with the rules and procedures set forth in Section 2.4 hereof regarding the initial
issuance of licenses. If the additional license is to be acquired from another existing license
holder, such application shall also be made in accordance with the rules and
2.6.2 procedures governing license transfers set forth in Section 2.5.3 hereof.
2.6.3
2.6.4
Effect of Consolidation; Deemed Consolidation. If an application for the
acquisition of an additional license is granted to an applicant holding one license, the two licensess
held by the applicant shall become "consolidated". In addition, two licenses shall be deemed to be
"consolidated" in the event that the same Person holds, or comes to hold, a "financial interest" {(as
defined in Section 2.4.3 thereof) in such both licenses.
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2.6.52.6.3 or the cardrooms operated thereunder. If an application for the
acquisition of an additional license is granted to an applicant holding only one or more sets of
consolidated licenses, the additional license shall not be consolidated. If an application for the
acquisition of an additional license is granted to an applicant holding one or more sets of
consolidated licenses and one unconsolidated license, the unconsolidated license held by the
applicant shall be deemed to be consolidated with the new license. Under a consolidated
license, the maximum number of tables permitted to be operated is twenty-six (206), subject to
any additional or contrary terms and conditions set forth in Section 3.5 and/or other provisions
of this Gaming Plan. All tables operated under a consolidated license must be operated in the
same location.
2.6.62.6.4 Category I with Category II Consolidations. In the event that a
Category I license is consolidated with a Category II license, the following rules shall apply: (a) if
the previous owner of the Category II License retains majority ownership and control over the
consolidated license, the full benefits and burdens hereunder of Category II status shall apply to
all the card tables operated under such consolidated license (b) if the previous owners of the
Category I License retains majority ownership and control over the consolidated license, the
consolidated license shall retain Category I status and the requirements for conversion to a
Category II License under Section 2.3.2 of this Gaming Plan shall continue to apply.
2.7 License Fee.
2.7.1 In General. There shall be a license fee on any licensed cardroom within
the City in accordance with the terms of this Section 2.7. The license fee is for purposes of
generating revenues to the general fund of the City and not for purposes of regulation. The fee
shall be based upon the number of tables that are licensed by the City pursuant to the terms of
this Gaming Plan that are also permitted to be operated by the City at the location where the
license is being utilized pursuant to the City's land use laws and regulations. The fee shall be
based upon the maximum number of tables so licensed and permitted based upon the category
of license issued with respect thereto, regardless of the number of tables that may actually be
operated on any given day or the category of game conducted thereon. Notwithstanding the
foregoing, if the City approves new tables, but State approval is required before the operation of
any such new tables, the license fee set forth below in sections 2.7.2 through 2.7.6, inclusive,
with respect to such new tables, shall not go into effect until the date the required State
approval is obtained.
2.7.2 Amount of Fee. The license fee to be assessed and collected on each
licensed cardroom shall be the applicable "base rate" fee determined as follows:
2.7.2.1 Base Rate:
(a) Category I: Effective July 1, 2019 the base license fee for card
tables licensed under a single, non-consolidated Category I license shall be
$3,750 per card table per quarter.
(b) Category II: Effective July 1, 2019 through June 30, 2020, the base
license fee for each card table in a cardroom licensed to play Category II games under a Category
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II license shall be $9,000 per table per annual quarter. Effective July 1, 2020 through June 30,
2021, the base license fee for each card table in a cardroom licensed to play Category II games
under a Category II license shall be $9,540. This rate shall apply to the maximum number of
tables licensed and approved to be operated at the cardroom location regardless of whether or
not such tables are actively being used, and regardless of whether or not Category II games are
actually being played at such tables.
(c) Percentage Payment Structure The base rate license fee for
operation of any tables licensed by the City to the cardroom as set forth in this Gaming Plan
may be converted to a license fee based upon a percentage of gross revenue generated by
Licensee from the play of any game or gaming activity ("Percentage Payment Structure"). Unless
otherwise specified in an amendment to the Gaming Plan, the timing of any conversion to and
the specific terms of any Percentage Payment Structure shall be set forth the agreement
between the parties required pursuant to Section 5.5 hereof.
2.7.3 Procedures for Payment of Fee.
2.7.3.1 Advance Payment. The license fee provided hereunder shall
be payable quarterly in advance by no later than the day falling fifteen {15) days prior to the first
day of each calendar quarter.
2.7.4 Audit rights. The City shall have the right to conduct an independent
audit of licensee's accounting records at any time upon three (3) days prior written notice to
licensee. The audit shall be performed by a party designated by the City, subject to the
reasonable approval of licensee. If the City elects to conduct such an audit, the licensee shall be
responsible for reimbursing City costs incurred in connection therewith. The licensee's
reimbursement obligation under this Section shall not exceed $10,000.00 per any twelve (12)
month period.
2.7.5 Fee Receipt. The finance director shall issue a receipt for each licensed
cardroom and such receipt shall be displayed on the premises during the full term for which such
receipt was issued.
2.7.6 Annual Increase in Base License Fee Rate. The base rate license fee
amounts set forth in Section 2.7 shall be increased by three percent (3%) per year. The first
increase shall take effect on July 1, 2021 and each subsequent increase shall take effect on each
July 1 thereafter. This annual base rate increase shall apply to all tables licensed and approved
in the previous year regardless of whether or not such tables were put into service that year.
Notwithstanding the above, if the Percentage Payment Structure becomes the basis to calculate
the base rate license fee, then the terms of increase in such fee shall be governed by the
agreement entered into pursuant to Section 5.5 hereof.
3. Operating Limitations and Conditions.
3.1 City Land Use Regulations Shall Control.
All cardrooms and card table operations shall be subject to the City's land use
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regulations. Notwithstanding any provision in this Gaming Plan to the contrary, no cardroom
operations shall be permitted without the prior acquisition of any and all necessary approvals
and permits from the City in connection therewith, and any cardroom operation with such
approvals and permits shall operate in strict compliance with any and all terms and conditions
thereof. For example, in no event shall the cardroom exceed the number of players it is restricted
to in its conditional use permit based on parking limits or other imposed conditions.
3.2 Games Permitted.
3.2.1 Category I License: Subject to the terms and conditions of this Gaming
Plan and the Gaming Code, the holder of a Category I cardroom license shall be permitted to
operate a cardroom that conducts all card games that have been determined by the Office of
the Attorney General of the State of California ("Attorney General") to be within the permissible
subject of local licensing by California cities, excluding those games involving "backline betting."
The games permitted under this section shall be referred to herein from time to time as "Category
I Games."
3.2.2 Category II License: Subject to the terms and conditions of this Gaming
Plan and the Gaming Code, the holder of a Category II cardroom license shall be permitted to
operate a cardroom which conducts all card games permitted by a Category I license {as
described in Section 3.2. l, above,), plus those card games which involve backline betting. Such
games shall be referred to herein from time to time as "Category II Games." For purposes of this
Gaming Plan, back-line betting may be conducted, as that term is understood pursuant to
Business and Professions Code Section 19843. If the Office of the Attorney General authorizes
a new game that would fall within Category I but has not previously been played in the City, then
the Licensee will simultaneously send the chief of police a copy of the application request for
game approval submitted to the Office of the Attorney General. The chief of police shall provide
notice within 30 days whether it would like to further review the game before it is played at the
cardroom. The chief of police shall have the right to approve or disapprove any proposed new
games in his/her sole discretion, and such decision shall be final. If no notice is provided, it is
assumed that the game is approved to be played in the City.
3.3 Game Rules.
Except as specifically provided in this Gaming Plan, all rules for games played at a
cardroom shall be governed by State law and the California Bureau of Gambling Control (the
"CBGC"), the California Gambling Control Commission (the "CGCC"), or their successor entities
(collectively "State Agencies"). Rules for every game allowed shall be made readily available to
players and prospective players as follows: (1) in one or more binders within the cardroom; (2) on
the cardroom's official website (if any); and (3) in printed fliers. In addition, each table shall identify
the game currently being played using a prominently placed sign at said table. A generic game
name is permissible for the table sign (i.e., California Blackjack, Pai Gow Poker, Ultimate Texas
Hold'Em, etc.).
3.4 Hours and Days of Operation.
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Licensed cardrooms may operate seven days per week, twenty-four hours per
day subject to any and all land use conditions imposed by the City with respect to a specific site
of operation.
3.5 Maximum Number of Tables.
Subject to such limitations as may be imposed by local land use conditions, to a
specific site of operation, the maximum number of tables that may be operated under a cardroom
license are as follows:
3.5.1 Category I - Non-Consolidated. The maximum number of tables that
may be operated under a single, non-consolidated Category I license shall be sixteen (16).
3.5.2 Category I - Consolidated. The maximum number of tables permitted
under a consolidated Category I license shall be twenty-six (206) during gaming operations.
3.5.3 Category II - Non-Consolidated. The maximum number of tables that
may be operated under a non-consolidated Category II license shall be sixteen (16).
3.5.4 Category II - Consolidated. The maximum number of tables that may be
operated under a consolidated Category II license shall be twenty- six (206). In no event shall
more than fifteen (15) of such twenty-six (206) tables be operated with "backline" betting games
at one time.
3.6 Maximum Number of Players Per Table.
Subject to such limitations as may be imposed by local land use conditions, to a
specific site of operation, the maximum number of players permitted at any one cardroom table
are as follows
3.6.1 Category I Tables. No more than ten (10) players shall be permitted at
any one card table conducting Category I games. Only persons seated at the card table as
players shall be permitted to bet.
3.6.2 Category II Tables. No more than eight (8) seated players with no more
than two additional standing players per seat participating in "backline" betting behind the seated
player (for a total number of twenty (24) players (standing and sitting) per table) shall be
permitted at any one card table conducting Category II games.
3.7 Maximum Limits and Bets.
3.7.1 In General. Maximum limits and wagers shall be based on the approvals
from the State Agencies. Maximum limit and wager approvals will be provided to the Chief of
Police prior to implementation.
3.7.2 Adequate Financing on Hand/Payment Policy. At all times, licensee
must have sufficient proceeds to reimburse any and all demands made upon said licensee for
the payment of all monies that patrons have on deposit with that cardroom. In the alternative,
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and subject to notification to the Chief of Police, said licensee may have a written policy for full
payment of all monies that patrons have on deposit with that cardroom to a cardroom patron
clearly posted in a place visible to cardroom patrons.
3.8 Maximum House Charges Per Hand - - Posting Required.
3.8.1. Approval. All house collection rates will be approved by the State
Agencies and notification will be given to the Chief of Police prior to being imposed.
3.8.2 Posting Required. A copy of all collection rate schedules shall be provided
to the Chief of Police. The collection rate in use shall be clearly posted at the table.
3.9 Work Permits and Identification Badges Required For Employees.
3.9.1 Work Permit Required. Unless other provided herein, prior to
commencing work at a cardroom, each proposed employee of a cardroom, if such Person is
other than the Person or Persons whose names appear on the application for the cardroom
license, must obtain a work permit from the Chief of Police. Additionally, any employee of any
ancillary business (Third Party Providers of Proposition Player Services, massage therapists,
etc.) that is operating at the cardroom location must also obtain a work permit.
3.9.2 Temporary Probationary Work Permit. Temporary probationary work
permits may be summarily issued upon payment of the requisite application fee for food and
beverage servers, janitorial staff, and kitchen workers pending the issuance of a regular annual
work permit. Such temporary probationary work permits may be subject to immediate summary
revocation with or without cause by the chief of police and shall not be valid for more than thirty
{30) days and shall automatically expire upon issuance of the regular annual work permit or upon
denial of the regular annual work permit application by the chief of police. The fee for temporary
probationary work permit shall be non-refundable and in addition to the fee for the regular annual
work permit application.
3.9.3 Application Process. Each proposed employee shall submit an
application for the required work permit to the Chief of Police. Such application shall be on a form
issued by, or otherwise approved in advance by, the Chief of Police. Such application shall
include, in addition to any other information required by the chief of police, (a) the past criminal
record, if any, of such Person; (bl the fingerprints of such Person; and {c) a non-refundable fee,
as presently designated, or as may in the future be amended, in the Master Fee Schedule for
cardroom applications, to cover the cost of processing the application and of any required
investigation of the applicant including a criminal background check to be performed by the police
department at the applicant's expense. The work permit, when issued, shall be valid for one (1)
year. Any renewal must also be approved by the chief of police and will be subject to a criminal
background check to be performed by the chief of police at the applicant's expense. The chief of
police may deny the initial approval or renewal of a work permit if, in the chief of police's opinion,
{l) in the case of a proposed key employee the applicant therefore should not be permitted to act
as key employee or employee in lieu of management by the licensee of the cardroom; and (2) in
the case of a proposed employee the applicant therefore should not be permitted to be employed
in a cardroom.
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3.9.4 Identification badges to be worn. Every employee shall, at all times
when present in such cardrooms, wear an identification badge containing such Person's
photograph, first name and the police department issued employee identification number. The
identification badges shall be worn at chest level.
3.9.5 Limitation of Discretion to Issue Work Permit. In addition to any other
restrictions provided by law, no work permit shall be issued to any other restrictions provided by
law, no work permit shall be issued to anyone who is disqualified from holding a state gambling
license, for any of the reasons specified in California Business and Professions Code Section
19850.
3.9.6 Denial of an application for a Work Permit. Any application for a work
permit shall be subject to objection by the State of California Bureau of Gambling Control
(hereafter Bureau). If the Bureau objects to the issuance of a work permit it shall be denied.
Such a denial may be reviewed in accordance with the Gambling Control Act (Business and
Professions Code Section 19801 et seq.).
3.9.7 Proposition Players.
3.9.7.1 A licensee shall use only employees or properly licensed
independent contractors as proposition players.
3.9.7.2 A licensee shall not allow, permit, or suffer more than four (4)
proposition players to play at a card table at any given time, subject to modification by the chief
of police in his/her sole discretion.
3.9.7.3 The licensee shall not provide any compensation, reward, credit,
chips, or any other thing of value or representation of value to an employee who acts as a
proposition player other than drop reimbursement, salary or wages earned for the time the
employee works as a proposition player. This prohibition does not prohibit a proposition player
from receiving the same employment benefits as apply to all other employees of the licensee;
provided that no employee or independent contractor shall be paid in chips.
3.9.7.4 A proposition player shall prominently display an identification
badge pursuant to Section 3.9.3 at all times while present on the cardroom premises.
3.10 Intoxicating Beverages.
3.10.1 Intoxicating Beverages Permitted. Upon application to and approval
by the chief of police, in his/her sole discretion and control and pursuant to a procedure to be
implemented and administered by the chief, alcoholic beverages may be served and consumed
in a cardroom from the hours of 6:00 AM. to 2:00 AM. At all times that alcoholic beverages are
served, food must also be made available and the cardroom shall comply with its ABC On-Site
General Sale (Type 47) Eating Place license, where 50 percent or more of all sales must be food.
The chief of police's decision concerning the consumption and service of intoxicating beverages
shall be final. Additionally, licensee shall comply with all applicable state and local laws, rules
and regulations, including the City's land use regulations, pertaining to the sale and service of
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intoxicating beverages. All servers are required to have a valid Responsible Beverage Service
("RBS") certification from an ABC accredited RBS training provider.
3.10.2 Key Employee/employee Consumption Prohibited. The drinking of
any intoxicating beverage by any key employee, independent contractor or employee of a card
room while on duty is prohibited. The licensee of a cardroom shall take all necessary and
appropriate steps to assure compliance with this section.
3.10.3 Permitting Intoxicated Persons to Play in Games Prohibited. No
licensee, key employee, independent contractor or employee shall permit any Person to play
in any game or at any time which such Person is under the influence of an intoxicating
beverage, narcotic, or drug.
3.10.4 Permitting Intoxicated Persons on Premises Prohibited. No
licensee, key employee, independent contractor or employee shall permit any Person to enter
a gambling establishment at any time when such Person appears to be under the influence of
an intoxicating beverage, narcotic or drug.
3.11 Minors Prohibited from Patronage or Employment.
No person under twenty-one years of age shall be employed at a cardroom,
allowed to play games at a cardroom, or permitted in a cardroom area where games are being
played. Minors may be allowed in non-gaming areas of a cardroom (for example, in an
associated restaurant) but only with the prior approval of the chief of police, of a written plan
containing provisions that assure that no minor shall have no access to gaming areas or alcohol.
Given the high level of concern with public safety, the Police Chief's approval of any plan allowing
minor access to non-gaming areas shall be in his/her sole discretion and the Chief's decision
shall be final.
3.12 Signs to be Posted.
Licensee shall comply at all times with the sign requirements set forth in this
Gaming Plan including, without limitation, Sections3.3, and 3.8.2 hereof, and any and all other
signage or posting requirements contained in applicable federal, state or local laws, rules and
regulations.
3.13 Licensee Responsible for Compliance and Supervision of Operations.
The licensee of a cardroom shall be responsible for assuring that any cardroom
operated under such license is operated in strict compliance with the terms of this Gaming Plan,
the provisions of the Penal Code of the State of California and any and all other applicable
federal, state, and local laws, rules, regulations, or permits. All cardrooms and/or card tables
shall be supervised by the operator or an employee of the operator of the cardroom, to assure
such compliance. Any violation of the cardroom operating limitations and conditions in this
Section 3, or elsewhere in the Gaming Plan, whether or not caused by the licensee or any
employee thereof, shall be considered a violation by the licensee of the terms and conditions of
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its license, and therefore subject to the City's enforcement rights and policies set forth in Section
4 hereof.
3.14 Patron Safety and Security.
3.14.1 Each licensee shall submit a written patron safety and security plan,
designed to protect patrons and other persons who are lawfully on the premises of the
permitted cardroom, to the chief of police for his/her approval prior to opening for operations.
3.14.2 The chief of police, in his/her sole discretion and control, shall have the
right to require amendments to the patron safety and security plan that are, in his or her judgment,
reasonably necessary to protect the public peace, health, safety, and general welfare.
3.14.3 Licensee shall be responsible for payment to the City of all actual
administrative costs incurred by the City, including the cost of staff time, at the City's full cost
recovery rate, associated with the oversight of the patron safety and security plans required by
this section, including the administrative costs associated with the review and approval of a
patron safety and security plan or any amendments thereto which may be mandated by the chief
of police. The chief of police shall estimate the cost of City staff and other administrative costs in
connection with oversight of the patron safety and security plans and the licensee shall deposit
such amount at the time of submitting the patron safety and security plan to the chief of police. If
actual costs incurred exceed the initial deposit the chief of police may require the applicant to
make additional deposits to offset costs incurred or to be incurred by the City. If the amount
estimated is in excess of the cost incurred, the difference will be refunded to the applicant at the
end of the City's review.
3.15 Crime Reporting Requirement.
3.15.1 Every licensee, key employee, employee, or independent contractor of
a cardroom shall immediately report to the Chula Vista Police Department any crime committed
on the cardroom premises.
3.15.2 Each licensee shall maintain a chronological criminal activity log and
such other reports as the chief of police may determine are needed in order to effectively assist
the Chula Vista Police Department to carry out its law enforcement function and protect the public
health, safety, and welfare.
3.15.3 It shall be unlawful for a licensee, manager, employee or independent
contractor of a cardroom to disable any 911 access on any public telephone on the cardroom
premises.
3.16 Licenses or Key Employee on Premises.
A cardroom shall have on the premises, at all times the cardroom is open to the
public, the licensee or a key employee. A "key employee" for purposes of this section is defined
as an employee who shall have access to all cardroom premises for purposes of inspection or
for purposes of compliance with any provision of this Gaming Plan and who shall have the
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responsibility and authority to ensure immediate compliance with the Gaming Plan and all state
laws and regulations pertaining to gaming. Further each cardroom licensee shall identify in
writing the name, address, and telephone number of each key employee, and each key
employee shall wear an identification badge designating the employee as a key employee.
4. Enforcement.
4.1 In General.
It is unlawful and a violation of this Gaming Plan to obtain, transfer or consolidate
a cardroom license, or to operate a cardroom in violation of any of the regulations and rules set
forth in the Gaming Code, this Gaming Plan, and any and all other applicable federal, state and
local laws, rules, regulations or permits.
4.2 Monetary Fines.
4.2.1 Amounts of Fines. For any violation of the terms of this Gaming Plan,
the City shall have the right to impose a penalty of up to $1,000 per day for each day the licensee
is in violation. In the event that a licensee is cited for a violation (not necessarily the same
violation) more than three (3) times within a six-month period, upon the fourth such citation, and
with respect to any occurrence thereafter, the City shall have the right to impose a penalty of up
to $5,000 per day the licensee is in violation.
4.2.2 Imposition of Fine Not Election of Remedies. The pursuit of monetary
fines against a licensee or the receipt of payment therefore shall not constitute an election of
remedies on the part of the City and thus shall not preclude any other course of action such as
may be available including, without limitation, the revocation of the cardroom license held or
issued hereunder, the revocation of any and all permits or approvals permitting the operating
of the cardroom, and any and all other remedies available to the City at law or in equity.
4.3 Revocation and Suspension.
4.3.1 City Right to Revoke or Suspend. Any cardroom license issued or held
hereunder may be revoked or suspended by the City, after a public hearing, upon the
determination by the City council and the chief of police that with respect to the license and/or
cardroom operated thereunder, there has been a material violation, or repeated violations of this
Gaming Plan or any or all other applicable federal, state or local laws, rules, regulations or
permits.
4.3.2 Material Violation. The City shall determine, in its sole discretion, what
shall constitute a material violation for purposes of revocation or suspension under this
Section 4.3. Material violations may include, without limitation, the following:
(a) A misrepresentation or exclusion on any application for approval,
report or statement of revenues required to be submitted under this Gaming Plan or under any
other applicable federal, state or local law, rule, regulation or permit.
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(b) A non-complying purported transfer of a cardroom license held or
issued hereunder.
(c) Allowing persons other than those named in the application on file
with the City, or otherwise previously approved by the City, to hold a financial interest in, or have
direct management authority over, a cardroom.
(d) Maintaining a greater number of tables than the number permitted
by the license.
(e) Failure to strictly comply with any and all federal, state, and local
laws, rules, regulations, and permits applicable to the holding of a license or the operation of a
cardroom hereunder, including, without limitation local land use and other code provisions.
(f) Failure to pay, when due, the amount of license fee owed pursuant
to Section 2.7 hereof.
(g) Citation of five (5) or more minor violations of this Gaming Plan
within any twelve (12) consecutive months.
(h) The conduct of criminal or dangerous activities at or attributable to
the licensed cardroom.
(i) Failure to pay, when due, the amount of any monetary fine imposed
pursuant to Section 4.2.1 hereof.
(j) Refusal to permit City access to a cardroom for purposes of
auditing or inspecting same.
4.4 Inspection Rights.
The City shall have the right, at any time, without notice, to enter into any
cardroom operating within the City and to conduct a reasonable inspection of all areas of such
cardroom, and/or any or all fixtures, equipment, accounting materials or documents contained
therein, in order to determine whether or not such cardroom is being operated in accordance with
this Gaming Plan. This inspection right is in addition to the audit rights enumerated in Section
2.7.4 herein.
5. General Provisions.
5.1 Definitions.
Except as otherwise expressly defined herein, capitalized terms, and terms
otherwise requiring definitions for proper interpretation, shall have the meanings ascribed
thereto by the Gaming Code.
5.2 Section Headings.
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18
Section headings contained herein are for reference purposes only and shall
not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent
of the provisions of any section hereof.
5.3 Gaming Plan Amendments.
5.3.1 City Council Approval Required. This Gaming Plan may be revoked
or amended, in whole or in part, at any time, after a public hearing, by approval of the City
Council, provided, however, different terms of operation may be provided in the agreement
required by Section 5.5 hereof, below.
5.3.2 Full Cost Recovery for Administrative Costs Associated with
modifications to Gaming Plan. Any Person requesting any modification to the Gaming Plan
shall be responsible for payment to the City of all actual administrative costs incurred by the
City including the cost of staff time, at the City's full cost recovery rate, associated with the
request for modification of the Gaming Plan. The chief of police shall estimate the cost of City
staff and other administrative costs in connection with the requested modification and the
Person shall deposit such amount at the time of submitting his/her request for modification to
the Gaming Plan. If actual costs incurred exceed the initial deposit the chief of police may
require the applicant to make additional deposits to offset costs incurred or to be incurred by
the City. If the amount estimated is in excess of the cost incurred, the difference will be
refunded to the applicant at the end of the City's review.
5.4 Integrated Plan.
All provisions of this Gaming Plan are intended to be integral parts of a
comprehensive regulatory scheme. In the event that any material provision hereof is finally
determined to be invalid, then, as of the date of such determination (a) the entire Gaming Plan
shall, AB initio, become void and of no effect, and (bl the Gaming Code provisions otherwise
implemented or superseded hereby shall become effective.
5.5 Agreement of Licensee to Accept Validity and Abide by all Provisions.
Each licensee which holds or is issued a license hereunder, in order to legally
operate a cardroom within the City must first enter into a written agreement with the City
whereby, for the term specified therein, such licensee agrees, on behalf of itself, any
successors or assigns thereof, and any and all parties with a financial interest in the license
or the cardroom operated thereunder, that such Persons (a) shall abide by any and all
provisions of the Gaming Plan; (b) acknowledge that all provisions of the Gaming Plan are
valid and enforceable by the City against such Persons; and (c) waive and agree not to pursue
any and all claims or other action against the City that any or all provisions of the Gaming Plan
were not legally adopted, valid or enforceable with respect thereto. In consideration for
licensee's commitments thereunder, such agreement may also provide for a specified time
period for card room operations without being subject to City imposed changes to the Gaming
Plan, all as more specifically provided therein.
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v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Objective Design Standards: Amend the Municipal Code to Adopt the Objective Design Standards for Housing
and Mixed-Use Projects to Comply with State Laws
Report Number: 23-0291
Location: No specific geographic location
Department: Development Services
Environmental Notice: The Project qualifies for an Exemption pursuant to Section 15061(b)(3) of the
California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required.
Recommended Action
Place an ordinance on first reading amending Chula Vista Municipal Code Title 19 (Planning and Zoning) to
add Section 19.58.460 (Objective Design Standards for Multi-Family Residential and Mixed-Use Projects), to
clarify development regulations and align with State Laws. (First Reading)
SUMMARY
This item proposes amendments to the Chula Vista Municipal Code (“CVMC”) regarding the adoption of
objective design standards to comply with several housing bills signed by the Governor over the past 6 years.
The state housing bills intend to streamline affordable housing and mixed-use projects by allowing a
ministerial review process if all applicable criteria are met. These amendments allow for the City to have
local control by establishing criteria for qualifying projects.
ENVIRONMENTAL REVIEW
The Director of Development Services reviewed the proposed legislative action for compliance with CEQA
and determined that the action qualifies for the “common sense” exemption under State CEQA Guidelines
Section 15061(b)(3). The action involves updates and modifications to the CVMC related to state law
compliance, regarding objective design standards for certain streamlined housing and mixed-use projects.
The action of updating and modifying the CVMC with these changes will not result in a material
intensification of uses or a change in development potential within the City above what already is permitted
under the existing land use and zoning policies of the CVMC that are being updated.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Planning Commission: On October 11, 2023, the Planning Commission voted 4-0 to adopt Resolution No.
2023-16 (Attachment 1), recommending that the City Council adopt an Ordinance approving the proposed
amendments.
Development Oversight Committee: The Development Oversight Committee is comprised of developers,
business owners, community organizations, engineers, architects, and contractors. The Development
Oversight Committee was provided with the proposed CVMC amendments at their meeting on July 19, 2023,
and recommended approval of the proposed amendments.
DISCUSSION
Background
The development of the proposed objective design standards for Multi -Family Residential and Mixed-Use
Projects is a City-initiated effort to develop standards to comply with and implement Senate Bill (“SB”) 35.
SB 35 requires cities and counties to streamline the review and approval of eligible affordable housing
projects through a ministerial review process. The law also exempts such projects from environmental
review under CEQA. Further, SB 330 (2019), SB 6 (2022), and Assembly Bill 2011 (2022), were all approved
by the Governor and require a ministerial review and approval of qualifying mixed-income and mixed-use
projects on residentially- and commercially zoned lands.
Anticipating some California local jurisdictions might pass restrictive zoning and/or subjective design
standards to prevent the ministerial approval of affordable, multi-family housing, the State Legislature
specifically prohibited jurisdictions from passing such measures. Acknowledging that local jurisdictions,
however, may still wish to control the look, scale, and size of affordable housing in their community, the State
Legislature allowed for cities and counties to pass “objective design standards” by which all qualifying,
ministerially approved projects must comply. If a jurisdiction does not have such standards, then qualifying
projects would still need to be approved, but without input from the local jurisdiction on the project design.
An objective design standard is defined under Government Code Section 65913.4 as the following:
A standard that involves no personal or subjective judgment by a public official and that is
uniformly verifiable by reference to an external and uniform benchmark or criterion available
and knowable by both the development applicant or proponent and the public official prior to
submittal.
The City of Chula Vista currently does not have objective design standards for residential projects outside of
minimal standards for setbacks, height limits, and parking. However, these basic provisions do not ensure
that neighborhoods are protected from the adverse impacts of unchecked development design. Therefore,
there is a need to codify the standards and regulations the City would normally consider and make those
standards a part of the building permit review. Under state law, qualifying multi-family residential and
mixed-use projects cannot be subjected to a discretionary process with conditions of approval. Therefore, it
is advisable for the City to incorporate objective design standards into the Chula Vista Municipal Code to be
consistent with recent legislation.
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Draft Standards
The draft objective design standards (Attachment 2) are designed to address issues for new multi-family
residential projects whether subject to a discretionary entitlement, or ministerial building and grading
permits. The proposed standards address the following:
• Project Design (Setbacks, Height, Roof Materials, Equipment Screening, etc.)
• Private and Common Open Space
• Landscaping
• Lighting
• Parking
• Walls and Fences
• Trash Collection/Storage
With the adoption of these standards, the City will be able to implement the State laws mandating ministerial
approvals and streamlining while still retaining an appropriate level of oversight and guidance for
development projects. The proposed objective design standards are intended to provide guidance and
certainty to the development community, ensure future residents benefit from a reasonable living
environment, and protect neighborhoods from undue development impacts.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not
applicable to this decision for purposes of determining a disqualifying real property-related financial conflict
of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of
this action.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this
action.
ATTACHMENTS
1. Planning Commission Resolution No. 2023-16
2. Draft Municipal Code Amendments
Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services
Laura C. Black, AICP, Director of Development Services
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November 14, 2023 Post Agenda
ORDINANCE NO. _________
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
CHULA VISTA MUNICIPAL CODE SECTION 19.58.460 TO
ADOPT OBJECTIVE DESIGN STANDARDS FOR MULTI-
FAMILY RESIDENTIAL AND MIXED-USE PROJECTS TO
COMPLY WITH STATE HOUSING LAWS
WHEREAS, Senate Bill 35 was signed into law by then Governor Jerry Brown in
September of 2017, requiring cities and counties to streamline review and approval of eligible
affordable housing projects through a ministerial process, and, may only apply objective standards
to such projects; and
WHEREAS, subsequent housing streamlining bills signed by the Governor since 2017,
have further highlighted the need for the City to maintain compliance with State Law by adopting
objective design standards to ensure future residents benefit from a reasonable living environment
and are protected from undue development impacts; and
WHEREAS, City staff presented the draft Chula Vista Municipal Code (“CVMC”)
amendments regarding the objective design standards to the Development Oversight Committee
on July 19, 2023, which recommended adoption; and
WHEREAS, the Director of Development Services has reviewed the proposed activity for
compliance with the California Environmental Quality Act (“CEQA”) and has determined that the
action qualifies for the “common sense” exemption under State CEQA Guidelines Section
15061(b)(3). The action involves updates and modifications to the CVMC related to state law
compliance, regarding objective design standards for certain streamlined housing and mixed -use
projects. The action of updating and modifying the CVMC with these changes will not result in a
material intensification of uses or a change in development potential within the City above what
already is permitted under the existing land use and zoning policies of the CVMC that are being
updated; and
WHEREAS, the Planning Commission held a duly noticed public hearing on October 11,
2023, on the subject Ordinance and voted 4-0-0 to adopt Resolution No. 2023-16 and thereby
recommends that the City Council adopt the Ordinance; and
WHEREAS, the City Council set the time and place for a hearing on the subject
amendments and notice of said hearing, together with its purpose, was given by its publication in
a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the hearing was held to consider said amendments and Ordinance at the time and place
as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the
hearing was thereafter closed.
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NOW, THEREFORE the City Council of the City of Chula Vista does hereby find and
ordain as follows:
The City Council of the City of Chula Vista finds that the proposed amendments to the
CVMC identified in this Ordinance No. ____ and has determined that the action qualifies for the
“common sense” exemption under State CEQA Guidelines Section 15061(b)(3). The action
involves updates and modifications to the CVMC related to state law compliance, regarding
objective design standards for certain streamlined housing and mixed-use projects. The action of
updating and modifying the CVMC with these changes will not result in a material intensification
of uses or a change in development potential within the City above what already is permitted under
the existing land use and zoning policies of the CVMC that are being updated.
Section I. The CVMC Title 19 is hereby amended, to add the following Section, as follows:
Section 19.58.460. Objective Design Standards for Qualifying Multi-Family
Residential and Mixed-Use Projects.
A. Intent. To provide the public, professionals, and decision-makers with the City’s
objective criteria for approval of multi-family residential and mixed-use projects
containing two (2) or more residential units that meet the applicable requirements of
California Government Code Section 65913.4. Subject to Government Code Sections
65915(d) and (k) as applicable, these objective design standards, which involve no personal
or subjective judgement as further specified in California Government Code Section
65913.4(a)(5), shall be interpreted as requirements rather than general guidelines. All
multi-family residential and mixed-use projects applying under the Housing
Accountability Act (California Government Code Section 66300) protections and other
ministerial project review under state law, shall comply with the provisions under this
Section. Projects must also comply with all applicable objective zoning code requirements
within this Title including but not limited to height, setbacks, and floor area ratio, and any
applicable California Building Code requirements.
B. Building Architecture.
1. Through the verification of colors and materials on architectural plans or drawings,
buildings shall be designed with the same approach to form and massing, roof
design, wall and window design, and materials and colors on all elevations. No
particular architectural style is required; however, high quality architecture is
encouraged.
2. Buildings at and over three stories tall must have walls that recess a minimum of
three feet, at least every 100 feet of wall length, to provide relief along the wall
plane.
3. Entirely blank walls are not allowed. A minimum of two architectural details from
the following list shall be provided on all building facades at minimum every 50
feet of street frontage:
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a. Windows
b. Trellises
c. Balconies
d. Differentiation in exterior material
e. Awnings
4. All street corners shall be enhanced to provide a tower element or an additional
architectural detail (list above) to make it distinct from the rest of the building.
5. Where buildings are proposed adjacent to a single-family residential zone,
windows, balconies or similar openings shall be oriented so as not to have a direct
line-of-sight into adjacent units or onto private patios or back yards adjoining the
property line. This can be accomplished through one of the following techniques:
a. Upper story stepback
b. Window placement
c. Use of glass block or opaque glass
d. Placement of mature landscaping, or vertical landscaping (such as the use
of columnar-shaped plants) within the rear or side setback areas
6. Roof design shall be of a single style and slope throughout the project. On a
building with a pitched roof, no portion of the main roof shall be flat.
7. Roof lines shall be vertically articulated, at least every 50 feet along the street
frontage, through the use of one or more of the following architectural elements:
a. Parapets
b. Varying cornices
c. Reveals
d. Clerestory windows
e. Varying roof height and/or form
8. Affordable units in the development project shall have the same bedroom and
bathroom count ratio as the market rate units, be equitably distributed within the
project, and have the same type or quality of appliances, fixtures, and finishes.
C. Site Design.
1. Where buildings front along a street, residential units shall have a ground-level
primary building entry facing the primary street. Along buildings not located facing
a primary street, front entryways of units shall be oriented to face a common open
space areas such as landscaped courtyard, plaza, or paseo.
a. For mixed-use projects, commercial/office unit entrances shall be oriented
to the street, a parking area, or an interior common space. Additionally,
community leasing offices do not count towards the commercial
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requirements. For the purposes of this Section, commercial uses are also
open to unit residents and the general public.
2. Covered and uncovered parking areas, as well as parking structures, shall be
screened from public street frontages. Screening may be accomplished through
building placement, landscaping, fencing, or some combination thereof. Where
landscaping is used for screening purposes, it shall be no less than four feet tall.
Fencing shall comply with subsection H within this Section.
3. All pedestrian walkways shall be a minimum of four feet in width.
D. Affordable Housing. If providing affordable units, the Project shall comply with the
applicable requirements set forth within CVMC Chapter 19.90. Additionally, projects
with fifty (50) or more residential units shall comply with the CVMC Section 19.90.080.
E. Open Space.
1. Common open space are amenities to the surrounding community in addition to
required public parkland, and shall meet following criteria:
a. Developed with recreational uses, including both passive (landscaping) and
active amenities (tot lots, picnic areas, etc.)
b. Consist of large areas that are not fragmented by unrelated uses or
improvements.
c. A minimum of 200 square feet of usable open space per dwelling unit shall
be provided. In addition, it shall have a linear dimension no less than 10
feet.
2. Private open space for residential units can take the form of yard area, porches,
verandas, courtyards, patios, and balconies. The total amount provided shall be in
accordance with the following, based on unit sizes:
a. Multi-family w/ 1 bedroom: 60 sq. feet
b. Multi-family w/ 2 bedrooms: 80 sq. feet
c. Multi-family w/ 3 or more bedrooms: 100 sq. feet
d. Each additional bedroom over 3: 20 additional sq. feet
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F. Parking.
1. The Project shall comply with the off-street parking requirements set forth in
CVMC Sections 19.62.010 through 19.62.130.
2. Parking shall not be located between the building frontage and a public sidewalk.
3. Additionally, parking areas for more than five vehicles shall be effectively screened
by a minimum 10-foot-wide landscaped strip and a masonry wall or fence of
acceptable design between the parking area and the public right-of-way. This strip
shall effectively screen the parking lot from the public right of way to a minimum
height of three-and-a-half feet. Any approved combination of planting mounds,
walls, and/or decorative features, which are visually compatible with the proposed
development and the surrounding neighborhood, may be utilized.
a. Every 10 parking stalls shall include a landscaped area with one (1) tree and
a minimum width of five (5) feet.
4. Any carports adjacent to a single-family residential zone, parking lot areas and
carports shall not be located along the single-family neighborhood street frontages.
Additionally, the design of carports shall match the Project’s overall design theme.
5. Bike Parking. The minimum number of spaces provided shall be ten (10) percent
of the total residential units. Additionally, an inverted “U” bike rack shall be the
type of space provided and shall not be separated from building entrances by a road,
parking area, or structure.
G. Walls and Fences.
1. The following standards apply to walls and fences:
a. Walls shall be architecturally treated on both sides and incorporate
landscaping.
b. Brick, slump stone, tile, textured concrete, stucco on masonry or steel
framing, wrought iron, tubular steel fencing, solid decorative walls, or other
material walls which require little or no maintenance are required.
c. Wall caps are to be incorporated as a horizontal design element at the top of
walls and should not exceed 4 inches vertical.
d. Plain concrete block walls and chain link fencing are not permitted.
H. Landscaping. All landscaping shall conform to the requirements as specified in the
City’s Landscaping Manual, Design Manual, Shade Tree Policy, and Water
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Conservation Ordinance, and as approved by the Director of Development Services,
or designee.
I. Lighting.
a. All structures, entries, parking areas, refuse enclosures, active
outdoor/landscape areas, and pedestrian pathways shall include overnight
lighting for safety and security.
b. Lighting shall be recessed or hooded, downward directed, and located to
illuminate only the intended area. It shall not spill beyond the intended area and
shall not extend across a property line.
c. Timers and sensors shall be incorporated to avoid unnecessary lighting and
avoid unnecessary energy use.
J. Utilities and Trash Enclosure Areas.
a. Utilities, utility vaults, and all mechanical equipment (ground and roof -
mounted) shall be screened or hidden from view from the public street.
b. Trash enclosure areas shall be provided in accordance with CVMC Section
19.58.340.
c. Trash enclosures shall be constructed of the same primary wall material and
color as the most adjacent building within the development.
d. Enclosures shall be located in convenient but unobtrusive areas, well
screened with landscaping and positioned so as to protect adjacent uses from
noise and odors.
Section XVII. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be, invalid, unenforceable or unconstitutional; by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section XVIII. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
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Section XIX. Effective Date
This Ordinance shall take effect and be in force on the thirtieth (30th) day after its final
passage.
Section XX. Publication.
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Laura C. Black, AICP Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
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November 14, 2023 Post Agenda
Attachment 1
RESOLUTION NO. 2023-16
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
ADOPTING OBJECTIVE DESIGN STANDARDS FOR MULTI-FAMILY
RESIDENTIAL AND MIXED-USE PROJECTS TO COMPLY WITH STATE
HOUSING LAWS.
WHEREAS, Senate Bill 35 was signed into law by then Governor Jerry Brown in
September of 2017, requiring cities and counties to streamline review and approval of eligible
affordable housing projects through a ministerial process, and, may only apply objective standards
to such projects; and
WHEREAS, subsequent housing streamlining bills signed by the Governor since 2017,
have further highlighted the need for the City to maintain compliance with State Law by adopting
objective design standards to ensure future residents benefit from a reasonable living environment
and are protected from undue development impacts; and
WHEREAS, Staff presented the draft Chula Vista Municipal Code (“CVMC”)
amendments to the Development Oversight Committee on July 19, 2023, which recommended
adoption; and
WHEREAS, 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(b)(1) of the State CEQA Guidelines
because the proposed activity consists of updates and modifications to the CVMC related to state
law compliance. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the
activity is not subject to CEQA; and
WHEREAS, City staff recommends that the Planning Commission approve the proposed
amendments to CVMC Title 19, to add Section 19.58.460 (Multi-Family and Mixed-Use Objective
Design Standards); and
WHEREAS, after review and consideration of the Staff Report and related materials for
this matter, the Planning Commission held a duly noticed public hearing to consider said CVMC
amendments at 6:00p.m. on Wednesday, October 11, 2023 in the Council Chambers, 276 Fourth
Avenue, before the Planning Commission and the hearing was thereafter closed.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby
recommends that the City Council of the City of Chula Vista adopt the proposed amendments to
CVMC Title 19, to add Section 19.58.460 (Objective Design Standards for Multi-Family and
Mixed-Use Projects), pertaining to the adoption of objective design standards for multi-family
residential and mixed-use projects, to comply with state housing laws.
BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends
that the City Council of the City of Chula Vista find that the proposed amendments to the CVMC
identified in this Resolution and has also determined that the activity is not a “Project” as defined
under Section 15378(b)(1) of the State CEQA Guidelines. The proposed activity consists of
DocuSign Envelope ID: 5DE60EE4-51E4-4A46-A846-46E385A88B78
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City of Chula Vista City Council
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Planning Commission Resolution 2023-16
October 11, 2023
Page 2
updates and modifications to the CVMC related to state law compliance. Therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City
Council.
Presented by Approved as to form
By:
for Laura C. Black, AICP for Jill D.S. Maland
Director of Development Services Lounsbery Ferguson Altona & Peak
Acting City Attorney
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 11th day of October, 2023, by the following vote, to-wit:
AYES: Burroughs, Combs, Leal, Torres
NOES: 0
ABSENT: Felber, De La Rosa, Zaker
ABSTAIN: 0
Jerome Torres, Vice Chair
ATTEST:
Mariluz Zepeda, Secretary
DocuSign Envelope ID: 5DE60EE4-51E4-4A46-A846-46E385A88B78
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Attachment #2 – Draft Municipal Code Amendments
Section 19.58.460 – Objective Design Standards for Qualifying Multi-Family
Residential and Mixed-Use Projects.
A. Intent. To provide the public, professionals, and decision-makers with the City’s
objective criteria for approval of multi-family residential and mixed-use projects
containing two (2) or more residential units that meet the applicable requirements of
California Government Code Section 65913.4. Subject to Government Code Sections
65915(d) and (k) as applicable, these objective design standards, which involve no
personal or subjective judgement as further specified in California Government Code
Section 65913.4(a)(5), shall be interpreted as requirements rather than general guidelines.
All multi-family residential and mixed-use projects applying under the Housing
Accountability Act (California Government Code Section 66300) protections and other
ministerial project review under state law, shall comply with the provisions under this
Section. Projects must also comply with all applicable objective zoning code requirements
within this Title including but not limited to height, setbacks, and floor area ratio, and any
applicable California Building Code requirements.
B. Building Architecture.
1. Through the verification of colors and materials on architectural plans or drawings,
buildings shall be designed with the same approach to form and massing, roof
design, wall and window design, and materials and colors on all elevations. No
particular architectural style is required; however, high quality architecture is
encouraged.
2. Buildings at and over three stories tall must have walls that recess a minimum three
feet, at least every 100 feet of wall length, to provide relief along the wall plane.
3. Entirely blank walls are not allowed. A minimum of two architectural details from
the following list shall be provided on all building facades at minimum every 50
feet of street frontage:
a. Windows
b. Trellises
c. Balconies
d. Differentiation in exterior material
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November 14, 2023 Post Agenda
e. Awnings
4. All street corners shall be enhanced to provide a tower element or an additional
architectural detail (list above) to make it distinct from the rest of the building.
5. Where buildings are proposed adjacent to a single-family residential zone,
windows, balconies or similar openings shall be oriented so as not to have a direct
line-of-sight into adjacent units or onto private patios or back yards adjoining the
property line. This can be accomplished through one of the following techniques:
a. Upper story stepback
b. Window placement
c. Use of glass block or opaque glass
d. Placement of mature landscaping, or vertical landscaping (such as the use
of columnar-shaped plants) within the rear or side setback areas
6. Roof design shall be of a single style and slope throughout the project. On a
building with a pitched roof, no portion of the main roof shall be flat.
7. Roof lines shall be vertically articulated, at least every 50 feet along the street
frontage, through the use of one or more of the following architectural elements:
a. Parapets
b. Varying cornices
c. Reveals
d. Clerestory windows
e. Varying roof height and/or form
8. Affordable units in the development project shall have the same bedroom and
bathroom count ratio as the market rate units, be equitably distributed within the
project, and have the same type or quality of appliances, fixtures, and finishes.
C. Site Design.
1. Where buildings front along a street, residential units shall have a ground-level
primary building entry facing the primary street. Along buildings not located facing
a primary street, front entryways of units shall be oriented to face a common open
space areas such as landscaped courtyard, plaza, or paseo.
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a. For mixed-use projects, commercial/office unit entrances shall be oriented
to the street, a parking area, or an interior common space. Additionally,
community leasing offices do not count towards the commercial
requirements. For the purposes of this Section, commercial uses are also
open for unit residents and the general public.
2. Covered and uncovered parking areas, as well as parking structures, shall be
screened from public street frontages. Screening may be accomplished through
building placement, landscaping, fencing, or some combination thereof. Where
landscaping is used for screening purposes, it shall be no less than four feet tall.
Fencing shall comply with subsection H within this Section.
3. All pedestrian walkways shall be a minimum of four feet in width.
D. Affordable Housing. If providing affordable units, the Project shall comply with the
applicable requirements set forth within CVMC Chapter 19.90. Additionally, Projects
with fifty (50) or more residential units shall comply with the CVMC Section 19.90.080.
E. Open Space.
1. Common open space are amenities to the surrounding community in addition to
required public parkland, and shall meet following criteria:
a. Developed with recreational uses, including both passive (landscaping) and
active amenities (tot lots, picnic areas, etc.)
b. Consist of large areas that are not fragmented by unrelated uses or
improvements.
c. A minimum of 200 square feet of usable open space per dwelling unit shall
be provided. In addition, it shall have a linear dimension no less than 10
feet.
2. Private open space for residential units can take the form of yard area, porches,
verandas, courtyards, patios, and balconies. The total amount provided shall be in
accordance with the following, based on unit sizes:
a. Multi-family w/ 1 bedroom: 60 sq. feet
b. Multi-family w/ 2 bedrooms: 80 sq. feet
c. Multi-family w/ 3 or more bedrooms: 100 sq. feet
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d. Each additional bedroom over 3: 20 additional sq. feet
F. Parking.
1. The Project shall comply with the off-street parking ratio requirements set forth in
CVMC Sections 19.62.010 through 19.62.130.
2. Parking shall not be located between the building frontage and a public sidewalk.
3. Parking areas for more than five vehicles shall be effectively screened by a
minimum 10-foot-wide landscaped strip and a masonry wall or fence of acceptable
design between the parking area and the public right-of-way. This strip shall
effectively screen the parking lot from the public right of way to a minimum height
of three-and-a-half feet. Any approved combination of planting mounds, walls,
and/or decorative features, which are visually compatible with the proposed
development and the surrounding neighborhood, may be utilized.
a. Every 10 parking stalls shall include a landscaped area with one (1) tree
and a minimum width of five (5) feet.
4. Any carports adjacent to a single-family residential zone, parking lot areas and
carports shall not be located along the single-family neighborhood street frontages.
Additionally, the design of carports shall match the Project’s overall design theme.
5. Bike Parking. The minimum number of spaces provided shall be ten (10) percent
of the total residential units. Additionally, an inverted “U” bike rack shall be the
type of space provided, and, shall not be separated from building entrances by a
road, parking area, or structure.
G. Walls and Fences.
1. The following standards apply to walls and fences:
a. Walls shall be architecturally treated on both sides and incorporate
landscaping.
b. Brick, slump stone, tile, textured concrete, stucco on masonry or steel
framing, wrought iron, tubular steel fencing, solid decorative walls, or other
material walls which require little or no maintenance are required.
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c. Wall caps are to be incorporated as a horizontal design element at the top of
walls and should not exceed 4 inches vertical.
d. Plain concrete block walls and chain link fencing are not permitted.
H. Landscaping. All landscaping shall conform to the requirements as specified in the
City’s Landscaping Manual, Design Manual, Shade Tree Policy, and Water
Conservation Ordinance, and as approved by the Director of Development Services,
or designee.
I. Lighting.
1. All structures, entries, parking areas, refuse enclosures, active outdoor/landscape
areas, and pedestrian pathways shall include overnight lighting for safety and
security.
2. Lighting shall be recessed or hooded, downward directed, and located to illuminate
only the intended area. It shall not spill beyond the intended area and shall not
extend across a property line.
3. Timers and sensors shall be incorporated to avoid unnecessary lighting and avoid
unnecessary energy use.
I. Utilities and Trash Enclosure Areas.
1. Utilities, utility vaults, and all mechanical equipment (ground and roof-mounted)
shall be screened or hidden from view from the public street.
2. Trash enclosure areas shall be provided in accordance with CVMC Section
19.58.340.
3. Trash enclosures shall be constructed of the same primary wall material and color
as the most adjacent building within the development.
4. Enclosures shall be located in convenient but unobtrusive areas, well screened with
landscaping and positioned so as to protect adjacent uses from noise and odors.
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v . 0 03 P a g e | 1
November 14, 2023
ITEM TITLE
Contract Amendment: Approve an Amendment to the Contract with the Board of Administration and
CalPERS for Local 2180 International Association of Fire Fighters Classic Members to Make an Additional
Contribution Pursuant to Government Code Section 20516
Report Number: 23-0294
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
Council A) Adopt a Resolution of Intention of the City of Chula Vista to approve an amendment to the contract
between the Board of Administration, California Public Employees’ Retirement System (CalPERS) and the
City of Chula Vista to provide a mandatory employee contribution for all classic Local Safety Fire members
of the 2180 Local International Association of Fire Fighters of 1% of salary effective January 12, 2024 as
provided under Government Code §20516 and B) place an ordinance on first reading to approve an
amendment to the contract between the Board of Administration, California Public Employees’ Retirement
System (CalPERS) and the City of Chula Vista to provide a mandatory employee contribution for all classic
Local Safety members of the Local 2180 International Association of Fire Fighters of 1% of salary as provided
under Government Code §20516. (First Reading)
SUMMARY
Per the Memorandum of Understanding (MOU) between the City of Chula Vista and the Local 2180
International Association of Fire Fighters (IAFF), effective July 1, 2022, an agreement was reached to provide
Normal Cost Sharing for all Classic (Tier I & II) Local Safety Fire members pursuant to Government Code
Section 20516(a) to reach the CalPERS standard of equal sharing of normal costs that will require mandatory
employee contributions of an additional 1% of salary starting January 12, 2024.
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In order to amend the City’s current CalPERS retirement contract and to meet the provisions of California
Government Code §20516 (Employees Sharing Additional Cost), CalPERS requires specific procedures to be
followed. The first step in the process is for the City Council to adopt a Resolution of Intention and an
Ordinance. The first reading of the Ordinance may occur at the same time as the adoption of the resolution.
The second reading of the Ordinance will occur at the City Council meeting of December 5, 2023.
Concurrently, CalPERS also requires that the impacted Classic (Tier I & II) members elect this change in a
secret ballot election. A CalPERS employee election ballot will be distributed to the members for this purpose
and must be certified by the City. Staff is requesting City Council’s approval to adopt the Resolution of
Intention and Ordinance as required by CalPERS.
ENVIRONMENTAL REVIEW
The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act
State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is
required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista reached agreement with Local 2180 International Association of Fire Fighters for
successor Memoranda of Understanding (MOU) for the period July 1, 2022 through December 31, 2024. The
MOU includes a cost sharing provision in which Classic (Tier I and Tier II) Local Safety Fire CalPERS Members
represented by IAFF contribute an additional 1% toward their CalPERS retirement benefits under
Government Code §20516 effective January 12, 2024. Specifically, the Local 2180 International Association
of Fire Fighters Memorandum of Understanding (Article 2.18(2)) states as follows:
[Cost Sharing] Pursuant to Government Code (“GC”) section 20516(a), Tier I Employees will make
additional contributions of compensation earnable toward achieving the legislative standard of equal
sharing of normal costs, as follows: An additional 1% starting with the first full pay period of January
2024, for a total contribution of 10.0% and an additional 0.5% (additional total of 1.5%) starting the
first full pay period of July 2024 for a total contribution of 10.5% and an additional 0.5% (additional
total 2.0%) for a total contribution of 11% starting the first full pay period of December 2024. If a secret
ballot election held in accordance with §20516(a) is not successful, or if for any other reason, the City is
unable to amend its contract with CalPERS to allow employee cost sharing, the additional employee
contributions referenced above will be made to the employers’ contribution account pursuant to GC
section 20516(f) and will be reported to CalPERS as employer contributions.
[Cost Sharing] Pursuant to Government Code (“GC”) section 20516(a), Tier II Employees will make
additional contributions of compensation earnable toward achieving the legislative standard of equal
sharing of normal costs, as follows: An additional 1% starting with the first full pay period of January
2024, for a total contribution of 10.0% and an additional 0.5% (additional total of 1.5%) starting the
first full pay period of July 2024 for a total contribution of 10.5% and an additional 0.5% (additional
total 2.0%) for a total contribution of 11% starting the first full pay period of December 2024. If a secret
ballot election held in accordance with §20516(a) is not successful, or if for any other reason, the City is
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unable to amend its contract with CalPERS to allow employee cost sharing, the additional employee
contributions referenced above will be made to the employers’ contribution account pursuant to GC
section 20516(f) and will be reported to CalPERS as employer contributions.
While the MOU furthermore states an additional 0.5% employee contribution to be effective in the first full
pay period of July 2024 and an additional 0.5% employee contribution to be effective in the first full pay
period of December 2024, CalPERS requires that this additional contribution be brought forth for Council
approval separately in the fiscal year prior to the contribution taking into effect.
An amendment to the CalPERS contract will allow for the employee contribution rates to increase to 10%
(currently 9%) effective January 12, 2024 for Classic Local Safety Fire members represented by the IAFF.
This action will shift an additional 1% of expected costs from the City of Chula Vista to City Classic (Tier I &
Tier II) Local Safety Fire employees. In order to amend the City’s current CalPERS retirement contract and to
meet the provisions of California Government Code §20516 (Employees Sharing Additional Cost), CalPERS
requires specific procedures to be followed. The first step in the process is for the City Council to adopt a
Resolution of Intention (Attachment 1) and an Ordinance (Attachment 2). A draft version of the contract
amendment has also been included as an exhibit to the Resolution of Intention (Attachment 1). The first
reading of the Ordinance may occur at the same time as the adoption of the resolution. The second reading
of the Ordinance will occur at the City Council meeting of December 5, 2023. Concurrently, CalPERS also
requires that the impacted Classic (Tier I & II) Local Safety Fire members elect this change in a secret ballot
election. A CalPERS employee election ballot will be distributed to the members for this purpose and must
be certified by the City.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and
consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The current year fiscal impact for this action will result in a decreased cost to the City at approximately
$50,875 and is reflected in the Fiscal Year 2023-24 Adopted budget.
Fund FY 2024
General Fund $ (45,288)
Measure A Sales Tax Fund (3,305)
Transport Enterprise Fund (2,281)
Total Estimated Costs $ (50,875)
ONGOING FISCAL IMPACT
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The ongoing fiscal impact for this action to achieve cost sharing will result in estimated employee
contributions resulting in a decreased cost to the City in Fiscal Year 2024-25 at approximately $183,544.
Costs will change as Tier 1 and Tier 2 employees promote, demote, retire, or change employment status. The
costs will be incorporated into the baseline salary budgets of the respective funds in future fiscal years. The
following table reflects the estimated employee contribution resulting in estimated costs by fund:
Fund FY 2025
General Fund $ (163,388)
Measure A Sales Tax Fund (11,925)
Transport Enterprise Fund (8,231)
Total Estimated Costs $ (183,544)
ATTACHMENTS
1. Resolution of Intention – CalPERS Contract Amendment
2. Ordinance – CalPERS Contract Amendment
Staff Contact: Tanya Tomlinson, Assistant Director of Human Resources
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RESOLUTION NO. __________
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA TO APPROVE AN
AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES’
RETIREMENT SYSTEM AND THE CITY OF CHULA VISTA
TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION
FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE
LOCAL 2180 LOCAL INTERNATIONAL ASSOCIATION OF
FIRE FIGHTERS OF ONE PERCENT OF SALARY EFFECTIVE
JANUARY 12, 2024
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System by the execution of a
contract, and sets forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a summary of the change proposed
in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20516 (Employees Sharing Additional Cost)
of 1% for classic local safety fire members in the Local 2180
International Association of Fire Fighters
NOW, THEREFORE, BE IT RESOLVED that the governing body of the City of Chula Vista does
hereby give notice of intention to approve an amendment to the contract between the City of Chula
Vista and the Board of Administration of the Public Employees' Retirement System, a copy of said
amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.
Presented by
Courtney Chase
Deputy City Manager
Approved as to form by
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
Attachment
Exhibit
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RESOLUTION OF INTENTION
TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
CITY OF CHULA VISTA
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth the procedure by which said public
agencies may elect to subject themselves and their employees to amendments to
said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the
governing body of the public agency of a resolution giving notice of its intention
to approve an amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20516 (Employees Sharing Additional Cost) of
1% for classic local fire members in the International Association
of Fire Fighters.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby
give notice of intention to approve an amendment to the contract between said
public agency and the Board of Administration of the Public Employees'
Retirement System, a copy of said amendment being attached hereto, as an
"Exhibit" and by this reference made a part hereof.
By:_________________________________
Presiding Officer
_________________________________
Title
________________________________
Date adopted and approved
(Amendment)
CON-302
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ORDINANCE NO.
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE AMENDMENT TO THE
CONTRACT BETWEEN THE CITY AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A
MANDATORY EMPLOYEE CONTRIBUTION FOR ALL
CLASSIC LOCAL SAFETY MEMBERS OF THE 2180
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OF
ONE PERCENT OF SALARY EFFECTIVE JANUARY 12, 2024
WHEREAS, the City Council is to amend the contract between the City of Chula Vista and
the California Public Employees’ Retirement System to provide a mandatory employee
contribution for all Local Safety Fire Classic members of the 2180 Local International Association
of Fire Fighters of 1% of salary effective January 12, 2024; and
WHEREAS, the Public Employees’ Retirement Law (PERL) permits the participation of
public agencies and their employees in the Public Employees’ Retirement System by the execution
of a contract, and sets forth the procedure by which public agencies may elect to subject themselves
and their employees to amendments of the PERL; and
WHERES, one of the steps in the procedure to amend this contract is the adoption by the
governing body of the public agency of an ordinance to approve an amendment to the contract.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. The amendment to the contract between the City Council of the City of Chula
Vista and the Board of Administration, California Public Employees’ Retirement System is hereby
authorized, a copy of said amendment is attached hereto, marked Exhibit, and by which reference
made a part hereof as though herein set out in full.
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.
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Ordinance
Page 2
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
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