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2023/11/28 Post Agenda Packet
Date:Tuesday, November 28, 2023, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff at the meeting. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." eComments are accepted until comments on the item are concluded. You may also email cityclerk@chulavistaca.gov. Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations. Full Agenda Packet: The full agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Speaker Time Limits: The time allotted for speakers may be adjusted by the Mayor. - Five minutes* for items on the agenda - Three minutes* for matters not on the agenda - A group 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 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 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. Before the vote, there is no separate discussion of these items unless Councilmembers, staff, or the public request items be removed. Removed items are discussed after the vote on the remaining consent calendar items. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Following presentations from staff, if any, and questions from the Councilmembers, the Mayor opens the public hearing and asks for public comments. After public comments, the hearing is closed, and the City Council may discuss and take action. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Staff may make a presentation and Councilmembers may ask staff and the involved parties questions before the Mayor invites public input. Closed Session may only be attended by members of the City Council, support staff, and/or legal counsel. The common purpose of closed session is to avoid revealing confidential information that may prejudice the City's legal or negotiating position or compromise employees' privacy interests. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and go into effect 30 days after the final approval. Proclamations are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. City of Chula Vista - City Council November 28, 2023 Post Agenda Page 2 of 432 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 by Sweetwater Authority Director of Finance Rich Stevenson Regarding Water Rate Study 9 5.CONSENT CALENDAR (Items 5.1 through 5.10) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of the items unless a Councilmember, staff, or the public requests an item be removed for separate consideration. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 25 RECOMMENDED ACTION: Approve the minutes dated: November 14, 2023 ITEMS REMOVED FROM THE CONSENT CALENDAR 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 Consider Requests for Excused Absences 35 Councilmember Cardenas from the November 14, 2023 City Council meeting. RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4 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 36 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: Adopt an ordinance amending Chula Vista Municipal Code section 5.20.035 authorizing an existing licensee to hold more than two city licenses, subject to the maximum number of licenses allowed by law. (Second Reading and Adoption) City of Chula Vista - City Council November 28, 2023 Post Agenda Page 3 of 432 5.5 Objective Design Standards: Amend the Municipal Code to Adopt the Objective Design Standards for Housing and Mixed-Use Projects to Comply with State Laws 91 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: Adopt an ordinance 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. (Second Reading and Adoption) 5.6 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 106 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: Adopt an ordinance 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. (Second Reading and Adoption) City of Chula Vista - City Council November 28, 2023 Post Agenda Page 4 of 432 5.7 Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2023 (First Quarter Report), and Appropriate Funds to Implement Required Budget Adjustments 109 Report Number: 23-0290 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept the quarterly financial report for the quarter ended September 30, 2023 (First Quarter Report) and adopt a resolution making various amendments to the Fiscal Year 2023-24 budget to adjust for variances and appropriating funds for that purpose. (4/5 Vote Required) 5.8 Investment Report: Quarter Ending September 30, 2023 125 Report Number: 23-0301 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Receive the investment report for the quarter ending on September 30, 2023. 5.9 Waiver of Development Impact Fees: Waiving Parkland Acquisition Fees, Parkland Development Fees, and Residential Construction Tax for the Proposed 55-Unit Congregational Suites Senior Affordable Housing Project 147 Report Number: 23-0296 Location: 305 E Street, Northwest corner of E Street and Third Avenue 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. City of Chula Vista - City Council November 28, 2023 Post Agenda Page 5 of 432 RECOMMENDED ACTION: Adopt a resolution waiving Parkland Acquisition Fees, Parkland Development Fees and Residential Construction Tax, totaling $617,873, for a proposed 55-unit, 100% affordable senior housing project named Congregational Suites. 5.10 Agreement: Approve an Agreement with AT&T Corporation to Provide the City with a Secure Private and Redundant Fiber Network Solution 153 Report Number: 23-0272 Location: No specific geographic location Department: Information Technology Services Department Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution accepting the proposal and awarding a 60-month agreement to AT&T Corporation (AT&T) to provide the City with a secure private and redundant fiber network solution with greater reliability for all City departments, and authorizing the City to enter into a contract with AT&T for those purposes. 6.PUBLIC COMMENTS 180 The public may address the City Council on any matter within the jurisdiction of the City Council but not on the agenda. 7.PUBLIC HEARINGS 7.1 HUD Entitlement Grants and Appropriation: Adopt a Second Amendment to the U.S. Department of Housing and Urban Development Fiscal Year 2023/24 Annual Action Plan, Amend Subrecipient Agreement with SBCS Corporation, and Appropriate Funds 201 Report Number: 23-0307 Location: 333 Oxford Street Department: Housing and Homeless Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures). Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 24, Part 58.35 (a)(3)(iii) of the Code of Federal Regulations. City of Chula Vista - City Council November 28, 2023 Post Agenda Page 6 of 432 RECOMMENDED ACTION: Adopt a resolution approving the Second Amendment to the U.S. Department of Housing and Urban Development Annual Action Plan to (1) allocate Community Development Block Grant (CDBG) funds for the renovation of facilities at Lauderbach Park, (2) authorize the City Manager or her designee to negotiate and execute documents consistent with the proposed activities, (3) amend the existing subrecipient agreement with SBCS Corporation, and (4) appropriate funds for that purpose (4/5 Vote Required). 8.ACTION ITEMS 8.1 Long-Term Financial Plan: Accept the General Fund Long-Term Financial Plan for Fiscal Years 2025-2034 213 Report Number: 23-0256 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Accept the General Fund Long-Term Financial Plan – Fiscal Years 2025-2034 report 8.2 Privacy Protection and Technology Advisory Commission: Discuss and Determine Procedures to Nominate and Appoint the Initial Commissioners, and Make the Nominations and Appointments 280 Report Number: 23-0213 Location: No specific location Department: City Clerk Environmental Notice: This 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: A) Discuss and determine procedures to nominate and appoint members to the Privacy Protection and Technology Advisory Commission; and B) Make nominations and appointments to the Commission from the applicants who submitted qualified applications during the application period. The qualified applicants are: Marlano Batson, Jared Blackwell, Guy Chambers, Timothy DeMarco, Veronica Ferguson, Daniel Garate, Robert Godinez, Adolfo Gonzales, Susan Lake, Lucia Napolez, Thomas Pineda, Richard Pulido, Merzon Jeff Quiazon, Joaquin Quintero, Pati Ruiz, Devon Williams, and Eric Wood. City of Chula Vista - City Council November 28, 2023 Post Agenda Page 7 of 432 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.ADJOURNMENT to the regular City Council meeting on December 5, 2023, at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista - City Council November 28, 2023 Post Agenda Page 8 of 432 Sweetwater Authority: We’re Here to Serve Rich Stevenson, Director of Finance November 28, 2023 Page 9 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Ditas Yamane 2023-2026 Steve Castaneda SBID Div. 1 2022-2026 Ron Morrison 2023-2026 Board of Directors National City Paulina Martinez-Perez SBID Div. 2 2020-2024 Josie Calderon-Scott SBID Div. 5 2020-2024 Manny Delgado SBID Div. 3 2023-2024 Hector Martinez SBID Div. 4 2022-2026 2 Page 10 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda •Safe, reliable water since 1977 •36 square mile service area •Approx. 200,000 customers •33,000+ service connections •2 dams, 2 reservoirs, 20 storage tanks and 17 pump stations •Surface water treatment, groundwater desalination, freshwater wells and imported water About Us 3 Page 11 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 4 Securing Affordable Water Supply Loveland Reservoir 82% of capacity Sweetwater Reservoir 55% of capacity Page 12 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5 Partnering With Our Community •Educational Partnerships -Hydro Station (with CVESD and Otay Water District) -Unique learning experience that teaches students about careers and opportunities in the water industry -Olivewood Gardens -Official Water Provider, supporting efforts that promote the safety, value, and efficiency of tap water -The Water Conservation Garden -Educational resource for residents and school programs •Community Engagement -Community events -Partnerships with local nonprofits -Bonita Museum & Cultural Center, Living Coast Discovery Center Pipeline display at Bonita Museum Hydro Station at Reynolds Desalination Facility Page 13 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Sweetwater Authority Water Rates 6 •The Authority is funded through customer water use rates (no property taxes) •Proposition 218 Requirements to proportion costs to customers •Only collect revenue for what is necessary to provide services •Only spend revenues for water service •Fees may not exceed proportional cost of service to a parcel •Fees are only for services that are used and available to a parcel •45-day Written notice of proposed rate changes public hearing to adopt the changes The 2023 Water Rate Study will accomplish these requirements through a Cost of Service and Water Rate Design Study Page 14 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023 Water Rate Study –Major Objectives 7 •Set rates for 3 year: 1/1/2024, 1/1/2025, and 1/1/2026 •Based on FY 2023-24 Budget and Financial Projections Revenue Requirement: •Commodity-Demand Methodology –focuses on two cost components •Commodity Costs •Typically variable costs associated with actual consumptions •Energy required to produce water •Demand Costs •Typically considered fixed costs regardless of actual consumption •Pipeline maintenance Page 15 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023 Water Rate Study 8 •Allocation of Fixed and Variable Charges (more costs allocated to the Meter Charge) •Continue to use a Single-Family Residential Tier Design based on Source of Supply YEAR 1 YEAR 2 YEAR 3 13%16%19% 87%84%81% % Fixed 3-Year Phase-In Assumptions % Variable Single-family Residential Rate Based on Supply Source Proposed Tier Units Tier 1: National City Wells $0 to 4 Units Tier 2: Surface Water $$4 to 13 Units Tier 3: Desalination $$$13 to 24 Units Tier 4: Imported $$$$$24+ Units Page 16 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Customer Bill Impacts 9 $% Residential 5 $45.95 $46.77 $54.44 $63.10 $17.15 37% Residential 10 $70.20 $77.87 $86.24 $95.65 $25.45 36% Residential 15 $99.15 $109.25 $118.32 $128.50 $29.35 30% Residential 20 $128.74 $141.05 $150.82 $161.80 $33.06 26% Residential 30 $191.90 $215.81 $227.70 $241.00 $49.10 26% Residential 40 $263.60 $298.01 $312.50 $328.60 $65.00 25% Multi-family 15 $121.60 $115.52 $124.86 $135.55 $13.95 11% Multi-family 200 $1,404.40 $1,378.13 $1,438.56 $1,508.98 $104.58 7% Commercial 500 $3,257.40 $3,343.13 $3,448.56 $3,572.98 $315.58 10% HCF = volumetric unit for water billing, hundred cubic feet Does not include SDWCA Pass-through charges 3rd Year Increase Customer Class Water Use - HCF Current Bill Proposed 1/1/2024 Proposed 1/1/2025 Proposed 1/1/2026 Page 17 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Bill Estimator Tool for customers to view how proposed rates will impact their water bill www.sweetwater.org/billestimator 10 Page 18 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda San Diego County Water Authority Passthrough Charges 11 •SDCWA Charges = Collected by Sweetwater and Passed Through to SDCWA •Monthly Fixed Charges (even if no water is purchased) Infrastructure Access Charge Customer Service Charge Emergency Storage Charge Supply Reliability Charge Readiness-to-Serve Charge (MWD) Capacity Charge (MWD) Page 19 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 12 Rate Study Schedule •June 28-Board Meeting (Budget Approval) •August 23-final Board policy direction provide to rate consultant •September 21-Rate Study-Open House •September 27-2023 Water Rate Study presented to Board •October-Proposition 218 Mailer Sent to Customers •December 6-Rate Study Public Hearing Page 20 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Development Services Program Ongoing Process Improvement 13 •Tenets of Operation: •Trust established processes and direct challenges to appropriate person •Continue to regularly review process •Implement new procedures as necessary •Provide regular Board updates •Recent Actions Taken: •Continue to seek feedback from developers •Present to our Committee/Board for further input •Present to stakeholders/partner agencies for further input Page 21 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Improvement of Interagency Coordination and Cooperation 14 •Interagency protocols will facilitate permitting and construction •Management meetings between Authority and City of C.V. and National City staff for improved coordination •Improved development literature Page 22 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Improvement of Information Availability 15 •Improved website capabilities: •Increase understanding of requirements •Implement application tracking tool •Updated development brochure –currently placed at National City Building Department Counter and Chula Vista Development Services Counter •In process to implement interagency checklist with National City (Required Agency Clearance Form) •Chula Vista has offered to include the Application Guide on the Development Services website Page 23 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Connect with us @swawater @sweetwaterauth @sweetwaterauthority (619) 420-1413 www.sweetwater.org Page 24 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Regular Meeting of the City Council Meeting Minutes November 14, 2023, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, Mayor McCann Absent: Councilmember Cardenas Also Present: Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; Assistant City Manager Allen; 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, except for item 7.1 which was heard after Special Orders. _____________________________________________________________________ 1. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to order at 5:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Preciado led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Veterans of Chula Vista Proclaiming November 2023 as Veteran's Month in the City of Chula Vista Mayor McCann read the proclamation and presented it to local veterans. 4.2 Presentation of a Proclamation Honoring Nicolette Luna for Being Recognized as National College Reporter of the Year by Associated Collegiate Press Mayor McCann read the proclamation and Councilmember Chavez presented it to Nicolette Luna. Page 25 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 2 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 Mayor McCann read the proclamation and Councilmember Gonzalez presented it to Merly Leilani Ortiz. 4.4 Presentation of a Proclamation to Tracy Mueller-Gibbs Proclaiming November 2023 as Family Court Awareness Month in the City of Chula Vista Mayor McCann read the proclamation. 5. CONSENT CALENDAR (Items 5.1 through 5.7) Items 5.2 and 5.4 through 5.7 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 and 5.3. The headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 5.1 Approval of Meeting Minutes Approval of the minutes dated: October 24, 2023. 5.3 Consideration of Requests for Excused Absences Consideration of requests for excused absences. No requests were received for that meeting. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.2 Waive Reading of Text of Resolutions and Ordinances Mark spoke in opposition to the item. Moved by Mayor McCann 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 (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) . Page 26 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 3 5.4 Agreement: Approve an Agreement with Selectron Technologies, Inc. for Interactive Voice Response Services for Building Inspection Scheduling Mark spoke in opposition to the item. Development Services Director Black spoke regarding the item. Moved by Deputy Mayor Preciado Seconded by Mayor McCann To adopt Resolution No. 2023-178, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 5.4 heading: RESOLUTION NO. 2023-178 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 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 The following members of the public spoke in opposition to the item: Alan C. John Acosta, Chula Vista resident Mark Paul Henkin submitted written comments expressing a neutral position on the item. Police Captain Peak spoke regarding the item. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2023-179, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Page 27 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 4 Item 5.5 heading: RESOLUTION NO. 2023-179 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 5.6 Agreements: Amendments to Twenty On-Call Development and Housing Related Consultant Services Agreements The following members of the public spoke in opposition to the item: Alan C. John Acosta, Chula Vista resident Consuelo Development Services Director Black spoke regarding the item. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2023-180, the heading was read, text was waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 5.6 heading: RESOLUTION NO. 2023-180 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 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 John Acosta, Chula Vista resident, spoke in opposition to the item. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-181, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Page 28 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 5 Item 5.7 heading: RESOLUTION NO. 2023-181 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 Mayor McCann recessed the meeting at 6:19 p.m. The City Council reconvened at 6:33 p.m., with all members present. 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, spoke in opposition to the tenant protection ordinance. The following members of the public spoke regarding issues related to homelessness: Harold DeMoss, Chula Vista resident Brandon Claypool Alan C. spoke regarding matters related to the COVID pandemic. Henry Sanchez, Chula Vista resident, spoke regarding a fee waiver for the use of City parks. Jerry Potts spoke regarding signage warning of the potential heat injuries to children and animals in parked cars. Cheryl spoke regarding lighting City Hall in support of Israel and in support of removing Councilmember Cardenas from SANDAG. The following members of the public spoke in support of Councilmember Cardenas resigning from her position: Estela Stachowitz Lillie Hebert, Chula Vista resident John Acosta, Chula Vista resident Paul Henkin Martha Souza, Chula Vista resident Gina E., and she spoke regarding other matters Leticia L., and she spoke in support of reopening Harborside Park The following members of the public spoke regarding various issues. Mark Consuelo Juan Celaya, Chula Vista resident Preston Barney Jose Hector Diaz, Chula Vista resident Robert Johnson Laura Page 29 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 6 Elizabeth Schuette, Chula Vista resident, spoke and submitted written comments regarding Veteran's Day events. At the request of Mayor McCann, there was a consensus of the City Council to make a referral to the City Manager to reserve Memorial Park on November 11 for Veteran's Day events. Delia Dominguez Cervantes, Chula Vista resident, spoke regarding park use and in support of the City Council censuring Councilmember Cardenas. Juan Celaya, Chula Vista resident, submitted written comments in support of the City Council's consideration of a proclamation. The following members of the public submitted written comments in support of Councilmember Cardenas resigning from her position: Andres Wong J Florendo Robert Johnson submitted written comments. Mayor McCann recessed the meeting at 7:18 p.m. The Council reconvened at 7:32 p.m., with all members present. 7. PUBLIC HEARINGS 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 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. Deputy City Manager Crockett spoke regarding the item. Mayor McCann opened the public hearing. The following members of the public spoke in opposition to the staff's recommendation: John Acosta, Chula Vista resident Paul Henkin Alan C. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. City Council discussion ensued. Moved by Councilmember Gonzalez Seconded by Mayor McCann To adopt Resolution No. 2023-182 and place the below ordinance on first reading, the headings were read, text waived. The motion was carried by the following vote: Page 30 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 7 Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 7.1 headings: RESOLUTION NO. 2023-182 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 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 (FIRST READING) 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 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. Senior Planner Mallec gave a presentation on the item. Mayor McCann opened the public hearing. The following members of the public spoke in opposition to the staff's recommendation: Mark Alan C. Delia Dominguez Cervantes Consuelo Robert Johnson Paul Henkin There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. City Council discussion ensued. Development Services Director Black responded to questions from the City Council. Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez To place the below ordinance on first reading, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Page 31 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 8 Item 7.2 heading 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 (FIRST READING) 8. ACTION ITEMS 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 Assistant Human Resources Director Tomlinson gave a presentation on the item and responded to questions from the City Council. The following members of the public spoke in opposition to the item: Alan C. Mark Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2023-183 and place the below ordinance on first reading, the headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 8.1 headings: RESOLUTION NO. 2023-183 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 ORDINANCE 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 (FIRST READING) Page 32 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 9 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann recognized the Police Department and Chula Vista residents for their response to a recent shooting at Otay Ranch Town Center. Mayor McCann spoke regarding his attendance at the following recent events: the Dia de Los Muertos festival, a Roaring Lions Club visit, and the lighting of City Hall in support of Israel. 11. COUNCILMEMBERS’ COMMENTS Deputy Mayor Preciado spoke regarding his attendance at the lighting of City Hall in support of Israel and the District 2 newsletter. Councilmember Chavez spoke regarding her attendance at the following recent events: the Metropolitan Transit Systems Board meeting, the SANDAG board meeting, and a Roaring Lions Club visit. Councilmember Gonzalez thanked the Southwestern College staff and trustees for their study of collegiate-level needs for the City of Chula Vista and the South Bay region. 12. CITY ATTORNEY'S REPORTS There were none. 13. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during closed sessions are maintained by the City Attorney. Acting City Attorney Maland announced that the Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 9:08 p.m. The Council convened in closed session at 9:15 p.m., with all members present. 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB Action: No Reportable Action B) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL Action: No Reportable Action 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 Action: No Reportable Action Page 33 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2023-11 -14 City Council Regular Meeting Minutes Page 10 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. Action: No Reportable Action 14. ADJOURNMENT The meeting was adjourned at 10:08 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 34 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MEMORANDUM OFFICE OF COUNCILMEMBER ANDREA CARDENAS DATE: TO: FROM: SUBJECT: November 22, 2023 Mayor and City Councilmembers Councilmember Andrea Cardenas Request for Excused Absence Dear Mayor and Councilmembers, Please excuse my absence from the Chula Vista City Council Mee:ng on 11/14/2023 due to personal health maCers. Sincerely, Andrea Cardenas Councilmember District 4 CC: City Manager, City Clerk, City ACorney Page 35 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 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 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 Adopt an ordinance amending Chula Vista Municipal Code section 5.20.035 authorizing an existing licensee to hold more than two city licenses, subject to the maximum number of licenses allowed by law. (Second Reading and Adoption) Summary This ordinance was placed on first reading on November 14, 2023. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=35855 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 36 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\1785881532\1785881532,,,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. Page 37 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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 Page 38 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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. Page 39 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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. Page 40 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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. Page 41 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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). Page 42 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 5 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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 Page 43 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 6 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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 Page 44 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 7 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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, Page 45 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 8 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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)). Page 46 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 9 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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. Page 47 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 10 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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). Page 48 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 11 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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)). Page 49 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 12 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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)). Page 50 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 13 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. 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 Page 51 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 14 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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). Page 52 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 15 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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). Page 53 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 16 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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). Page 54 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chapter 5.20 CVMC, Gambling Page 17 of 17 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. 327086.1 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. Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com. City Website: www.chulavistaca.gov Hosted by Code Publishing Company, A General Code Company. Page 55 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 1 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" Page 56 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2 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 Page 57 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 3 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 Page 58 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 4 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 Page 59 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5 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. Page 60 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 6 (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" Page 61 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 7 (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, Page 62 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 8 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 Page 63 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 9 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 Page 64 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 10 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 Page 65 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 11 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 Page 66 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 12 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. Page 67 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 13 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. Page 68 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 14 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 Page 69 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 15 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. Page 70 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 16 (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 Page 71 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 17 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. Page 72 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 1 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, Page 73 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2 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 Page 74 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 3 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. Page 75 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 4 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 Page 76 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5 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 Page 77 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 6 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 Page 78 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 7 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. Page 79 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 8 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 Page 80 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 9 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 Page 81 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 10 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. Page 82 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 11 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, Page 83 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 12 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. Page 84 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 13 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 Page 85 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 14 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 Page 86 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 15 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 Page 87 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 16 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. Page 88 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 17 (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. Page 89 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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. Page 90 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 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 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 Adopt an ordinance 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. (Second Reading and Adoption) Summary This ordinance was placed on first reading on November 14, 2023. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=35840 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 91 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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. Page 92 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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: Page 93 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 94 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 95 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 96 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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. Page 97 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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 Page 98 of 432 City of Chula Vista - City Council November 28, 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 Page 99 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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 Page 100 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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 Page 101 of 432 City of Chula Vista - City Council November 28, 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. Page 102 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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 Page 103 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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. Page 104 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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. Page 105 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 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 Location: No specific geographic location Department: Human Resources Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt an ordinance 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. (Second Reading and Adoption) Summary This ordinance was placed on first reading on November 14, 2023. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=35845 Please note, the original staff report may include information beyond the scope of the or dinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 106 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SECOND READING AND ADOPTION 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. Page 107 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 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 Page 108 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE Financial Report and Appropriation: Accept the Quarterly Financial Report for the Quarter Ending September 30, 2023 (First Quarter Report), and Appropriate Funds to Implement Required Budget Adjustments Report Number: 23-0290 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Accept the quarterly financial report for the quarter ended September 30, 2023 (First Quarter Report) and adopt a resolution making various amendments to the Fiscal Year 2023-24 budget to adjust for variances and appropriating funds for that purpose (4/5 Vote Required). SUMMARY The Finance Department, in collaboration with other City departments, prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. This First Quarter Report is as of September 30, 2023, and is in compliance with Section 505(f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the First Quarter Report, staff has identified various budget changes that are needed to accurately reflect actual revenues and expenditures or address changes in budgetary needs. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved by the City Council, there are circumstances which arise that could require adjustments to the approved budget. Council Policy 220-02 “Financial Reporting and Transfer Authority” was established in January of 1996 and allows for budget transfers and adjustments to be completed. This First Quarter Report discusses budget adjustments that staff recommends in the General Fund as well as various other funds to address identified fiscal issues. Page 109 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The First Quarter Report is developed using three months of actual activity for Fiscal Year 202 3-24 as of September 30, 2023. The data in this report is the most current data available; however, due to the limited data available, year-end projections for departmental revenues and expenditures are not included in this report but will be provided in future quarterly financial reports. As a result, the projections are likely to change. This report will provide summary information for the following areas: General Fund Revenues and Expenditures Adjustments to General Fund Expenditures Adjustments to non-General Fund funds The Finance Department will continue to monitor the City’s actual revenues and expenditures and will provide any significant changes in subsequent quarterly financial reports. General Fund Overview As of the Quarter ended, September 31, 2023, revenues and expenditures are projected to exceed the Amended Budget by $1.8 million. There are unknown variables that may affect the General Fund including economic factors that may slow economic growth including inflation, changes to current interest rates, unemployment, and other financial uncertainties. Staff will continue to monitor and will provide updates in future quarterly financial reports. Page 110 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 3 Fiscal Year 2023-24 General Fund Overview Table 1 In Millions Adopted Budget Amended Budget Year-end Projection Variance1 Revenue Source Major Discretionary Revenues Property Tax $ 48.3 $ 48.3 $ 49.0 $ 0.7 Property Tax in lieu of VLF 29.3 29.3 29.9 0.6 Sales Tax 45.8 45.8 45.8 - Measure P Sales Tax 27.8 27.8 27.8 - Measure A Sales Tax 27.8 27.8 27.8 - Franchise Fees 14.8 14.8 14.8 - Transient Occupancy Tax 9.3 9.3 9.3 - Utility User Tax 3.8 3.8 3.8 - Major Discretionary Revenues Subtotal 207.1 207.1 208.3 1.3 Other General Fund Revenues Other Revenues 51.2 51.3 51.9 0.6 Other General Fund Revenues Subtotal 51.2 51.3 51.9 0.6 Total Revenues $ 258.2 $ 258.4 $ 260.2 $ 1.8 Expenditures Personnel Services $ 132.9 $ 133.0 $ 133.7 $ (0.7) Non-Personnel Supplies and Services 25.2 26.6 27.5 (0.9) Other Expenses 1.8 2.8 2.8 - Transfers Out 86.8 86.8 87.0 (0.3) Internal Service 4.5 4.5 4.5 - Utilities 6.7 6.7 6.7 - Other Expenditures Category2 0.4 0.6 0.6 - Total Non-Personnel 258.2 128.0 129.2 (1.2) Total Expenditures $ 258.2 $ 261.0 $ 262.9 $ (1.8) Total General Fund Surplus/(Deficit) $ - $ (2.6) $ (2.6) $ - Use of Prior Year Fund Balance - 2.6 2.6 - Total General Fund Surplus/(Deficit) $ - $ - $ - $ - Note: Minor variances due to rounding. 1 Variance compares the Amended Budget and the Year-End Projection. 2 Other Expenditure Categories include: Other Capital, Non-CIP Projects Expenditures and CIP Project Expenditures. Page 111 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 4 General Fund Revenues General Fund revenues are projected to exceed the Amended Budget by approximately $1.8 million. This is due to increased Property Tax and Property Tax in-lieu of VLF. Based on Fiscal Year 2022-23 projected actuals as reported in the Fourth Quarter Report as well as the increased home prices and home sales that occurred in the past year, Property Tax is expected to exceed the Amended Budget by $0.7 million, reflecting the County Assessor estimate of Assessed Valuations increasing by 6.6% instead of the 5% increase assumed in the Adopted Budget. Similarly, the Property Tax in-lieu of VLF will exceed the Amended Budget by $0.6 million based on the updated information provided by the County of San Diego. The Other Revenues category is projected to exceed the Amended Budget by $0.6 million in the Charges for Services category primarily associated with the reimbursement for permit fees associated with the Bayfront development for the Engineering Department as well as additional program revenue for Parks and Recreation Department. General Fund Expenditures General Fund expenditures are projected to exceed the Amended Budget by approximately $1.8 million. This is due to various adjustments related to operations such as increased credit card fees for community service departments that are supported by increased revenues. Additionally, on June 15, 2023, the City was notified that American Rescue Plan Act (ARPA) funds could not be used to reimburse stipends paid after April 10, 2023 by the U.S. Department of Treasury with the Federal government declaration an end to the global Public Health Emergency for COVID-19 on May 19, 2023. These stipends are now being paid out of the General Fund either directly or by reimbursement to comply with adherence to existing MOU agreements with various labor groups. The estimated impact of this action is approximately $1.5 million for all funds combined. This was cited in the Staff Report for the ARPA amendment that was presented to the City Council on the July 25, 2023 Agenda (Item 8.2). The total budgetary needs are anticipated to be $1.8 million. Departmental Revenues and Expenditures Departmental Revenues Table 2 below provides the Amended General Fund revenue budget, the projected year-end revenues, and the projected variance at the department level. Fiscal Year 2023-24 General Fund Departmental Revenues Table 2 In Thousands Department Current Budget Year-end Projection Variance City Council $ - $ - $ - City Clerk 47.8 47.8 - City Attorney 425.4 425.4 - Administration 55.1 55.1 - Information Technology 394.7 394.7 - Human Resources 622.3 622.3 - Finance 1,902.0 1,902.0 - Non-Departmental 220,771.6 222,023.7 1,252.1 Animal Care Facility 1,530.3 1,530.3 - Page 112 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 5 Fiscal Year 2023-24 General Fund Departmental Revenues Table 2 In Thousands Department Current Budget Year-end Projection Variance Economic Development 451.7 451.7 - Development Services 2,253.1 2,253.1 - Engineering/Capital Projects 8,810.7 9,229.6 418.9 Police 5,919.2 5,919.2 - Fire 2,899.4 2,899.4 - Public Works 8,478.3 8,478.3 - Parks and Recreation 2,849.0 2,999.0 150.0 Library 1,002.6 1,002.6 - Total Departmental Revenue $ 258,413.2 $ 260,234.2 $ 1,821.0 Note: Minor variances due to rounding. As previously mentioned in the General Fund Revenues section above, the largest variances in Departmental Revenues are projected to be in Non-Departmental. The Non-Departmental positive variance of $1.3 million is where the major revenues are recorded, including Property Tax, Sales Tax, Measure A, Measure P, and Motor Vehicle License Fees (VLF). Property Tax positive variance of $0.7 million reflects an updated projection of the Assessed Valuations based on the County’s Assessors estimates in Fiscal Year 2023-24. The Property Tax in-lieu of VLF positive variance of $0.6 million is based on the updated information provided by the County of San Diego. The Engineering/Capital Projects Department increase in revenues by $0.4 million is due to an increase to the Charges for Services for permit inspection work performed for the Bayfront development project. The Parks and Recreation Department increase reflects $0.2 million in increased program revenues. Departmental Expenditures Table 3 below provides the Amended General Fund expenditure budget, the projected year-end expenditures, and the projected variance at the department level. Fiscal Year 2023/24 General Fund Departmental Expenditures Table 3 In Thousands Department Current Budget Year-end Projection Variance City Council $ 1,527.4 $ 1,529.9 $ (2.5) Boards & Commissions 2.1 2.1 - City Clerk 3,497.5 3,498.5 (1.0) City Attorney 3,177.4 3,178.2 (0.9) Administration 2,591.7 2,592.7 (1.0) Information Technology 4,597.7 4,599.2 (1.5) Human Resources 3,524.3 3,527.9 (3.5) Finance 4,703.2 4,710.3 (7.1) Non-Departmental 97,090.7 97,351.5 (260.7) Animal Care Facility 3,437.4 3,449.0 (11.6) Economic Development 1,760.6 1,762.6 (2.0) Page 113 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 6 Fiscal Year 2023/24 General Fund Departmental Expenditures Table 3 In Thousands Department Current Budget Year-end Projection Variance Development Services 2,758.2 2,765.8 (7.6) Engineering/Capital Projects 10,856.4 11,278.1 (421.6) Police 55,402.3 55,836.5 (434.2) Fire 34,924.3 35,346.8 (422.5) Public Works 23,015.7 23,066.9 (51.2) Parks and Recreation 4,363.4 4,548.8 (185.4) Library 3,805.7 3,812.0 (6.3) Total Expenditure Budget $ 261,036.0 $ 262,857.0 $ (1,821.0) Note: Minor variances due to rounding. As previously mentioned in the General Fund Expenditures section above, the employee stipends that were previously reimbursed by ARPA funds have resulted in an approximately $1.5 million expense in the General Fund, which expenditures in excess of the amended budget are projected in multiple departments. The largest variances are reported in both the Police and Fire Departments of over $0.4 million each, primarily due to ARPA funds not covering stipends. The third largest variance is reported i n the Engineering/Capital Project Department by $0.4 million and is primarily due to consultant services required for the Bayfront development project. The recommended budget amendments are reflected in the General Fund Adjustments section of this report. Fiscal Year 2023-24 Budget Adjustments Staff is recommending various adjustments, appropriations, and transfers to City Departmental and Fund budgets that require City Council authorization. Attachment 1 summarizes all budget transfers processed in Fiscal Year 2023-24 and Attachment 2 summarizes all budget amendments approved by Council in Fiscal Year 2023-24. General Fund Adjustments In the General Fund, some of the transfers are between expense categories within the same Department and some transfers are between Departments. There are also proposed budget adjustments reflecting increased revenue where needed to address unanticipated expenditure category overages and ensure accurate year- end reporting. Additionally, this reflects an increased appropriation for the estimated transfer to the Pension Reserve Fund per Council Policy 220-09. The recommended budget adjustments are shown in Table 4 below. General Fund Budget Adjustments Summary - First Quarter Fiscal Year 2023-24 Table 4 DEPARTMENT PERSONNEL NON- PERSONNEL TOTAL TOTAL Footnote SERVICES EXPENSES EXPENSE REVENUE NET IMPACT GENERAL FUND City Council 1 $ 2,536 $ - $ 2,536 $ - $ 2,536 City Clerk 1 1,015 - 1,015 - 1,015 City Attorney 1 887 - 887 - 887 Administration 1 1,521 - 1,521 - 1,521 Information Technology 1 1,522 - 1,522 - 1,522 Page 114 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 7 General Fund Budget Adjustments Summary - First Quarter Fiscal Year 2023-24 Table 4 Human Resources 1 3,550 - 3,550 - 3,550 Finance 1 7,103 - 7,103 - 7,103 Non-Departmental 1, 2-6 - 242,152 242,152 (1,151,220) (909,068) Animal Care Facility 1 11,616 - 11,616 - 11,616 Economic Development 1, 7 2,029 (100,000) (97,971) 100,000 2,029 Development Services 1, 8 7,610 35,660 43,270 (35,660) 7,610 Engineering/Capital Projects 1, 9 2,768 418,861 421,629 (418,861) 2,768 Police 1, 10 134,206 300,000 434,206 - 434,206 Fire 1 422,540 - 422,540 - 422,540 Public Works 1, 11-13 51,233 33,985 85,218 (118,985) (33,767) Parks and Recreation 1, 6, 11, 14 6,592 150,000 156,592 (135,000) 21,592 Library 1, 15 6,340 16,000 22,340 - 22,340 TOTAL GENERAL FUND $ 663,068 $ 1,096,658 $1,759,726 $(1,759,726) $ - The proposed General Fund budget adjustments result in no net impact to the Fiscal Year 2023-24 budget, primarily being derived by the following transactions: 1. On June 15, 2023, the City was notified that ARPA funds could not be used to reimburse stipend paid after April 10, 2023 by the U.S. Department of Treasury with the Federal government declaration an end to the global Public Health Emergency for COVID-19 on May 19, 2023. These stipends are now being paid out of the General Fund either directly or by reimbursement to comply with adherence to existing MOU agreements with various labor groups. The estimated impact of this action is approximately $1.5 million for all funds combined. 2. Increase the revenue budget for Property Tax in Lieu of Vehicle License Fees (VLF) by $567,421 to reflect the Fiscal Year 2023-24 allocation due from the County of San Diego. 3. Increase the revenue budget for Property Taxes based on revised estimates by $684,725 to reflect the Fiscal Year 2023-24 allocation based on an increase in Assessed Valuations going from 5% used in the budget to 6.6% based on the projection from the County Assessor’s office. 4. Transfer the Special Events expenditure appropriations and decrease the revenue budget related to donations from the General Fund to the Donation Fund by $120,000. 5. Increase Transfers Out expenditure appropriations for debt service payment by $1,423. 6. Increase both the Transfers Out expenditure appropriations in Non-Departmental and the revenue budget in Parks and Recreation by $100,000 to cover utility expenses for the Living Coast Discovery Center. 7. Decrease both the Non-CIP expenditure appropriations and decrease the revenue budget by $100,000 to remove the ARPA reimbursement from Fiscal Year 2022-23. 8. Increase both the Other Expenses expenditure appropriations and the revenue budget by $35,660 for the MRLLP (Mobile home Residency Law Protection Program) payment to the State of California. 9. Increase both the Supplies and Services expenditure appropriations and the revenue budget by $418,861 for permit inspection work related to the Bayfront development project. Page 115 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 8 10. Decrease the Personnel Services expenditure appropriations and increase the Supplies and Services expenditure appropriations by $300,000 from Salary Savings to increase recruitment and training budgets in the Police Department. 11. Decrease the revenue budget in the Parks and Recreation Department and increase the revenue budget in the Public Works Department as part of the Parks Maintenance restructuring in Fiscal Year 2023 by $115,000 for the reimbursement of CFD Maintenance staff. 12. Increase both the Other Expenses expenditure appropriations and the revenue budget in Public Works for damage to City Property by $3,985. 13. Increase the Supplies and Services expenditure appropriations in Public Works for root pruning of trees by $30,000. 14. Increase both the Other Expenses expenditure appropriations and the revenue budget by $150,000 for credit card transaction fees. 15. Increase the Utilities expenditure appropriations by $16,000 for gas and electricity costs. Other Fund Adjustments The following recommended adjustments are for funds outside of the General Fund. The proposed adjustments, displayed in Table 5, have a net cost decrease of approximately $0.2 million to the various identified funds. The proposed adjustments are to impact the fund balances or current year available revenues of the respective noted funds. Other Fund Budget Adjustments Summary – First Quarter Fiscal Year 2023-24 Table 5 PERSONNEL NON- PERSONNEL TOTAL TOTAL Footnote SERVICES EXPENSES EXPENSE REVENUE NET IMPACT OTHER FUNDS 2016 Measure P Sales Tax 2, 3 $ - $ 925,000 $ 925,000 $ - $ 925,000 Transportation Grants-Gas Tax 1 1,522 - 1,522 (1,522) - 2018 Measure A Sales Tax 1 200,364 - 200,364 (200,364) - Advanced Life Support Program 1, 4 507 60,000 60,507 (60,507) - Donations 5 - 120,000 120,000 (120,000) - Special Revenue Endowments 6 - 20,000 20,000 - 20,000 American Rescue Plan Act 2021 7, 8 - (1,844,633) (1,844,633) - (1,844,633) Other Grants 9 - 50,000 50,000 (50,000) - Federal Grants 1, 10-14 4,698,447 97,132 4,795,579 (6,304,524) (1,508,945) State Grants 1, 15 26,594 394,093 420,687 (584,747) (164,060) Environmental Services 1 4,058 - 4,058 (4,058) - CDBG Housing Program 10 - - - (719,863) (719,863) Chula Vista Housing Authority 1 1,015 - 1,015 (1,015) - Public Educational & Govt Fee 16 - 225,000 225,000 - 225,000 Section 115 Trust 17 - 80,000 80,000 - 80,000 Public Liability Trust 18 - 481,044 481,044 - 481,044 Open Space District #09 19 - 10,000 10,000 - 10,000 Central Garage Fund 1 4,565 - 4,565 (1,015) 3,550 Page 116 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 9 Other Fund Budget Adjustments Summary – First Quarter Fiscal Year 2023-24 Table 5 PERSONNEL NON- PERSONNEL TOTAL TOTAL Footnote SERVICES EXPENSES EXPENSE REVENUE NET IMPACT Living Coast Discovery Center 20 - 100,000 100,000 (100,000) - Development Services Fund 1 12,769 - 12,769 (18,769) (6,000) Transport Enterprise 1, 21 9,638 1,042,073 1,051,711 (1,042,580) 9,131 Sewer Service Revenue 1 23,349 - 23,349 (24,349) (1,000) Long Term Debt - City of CV 12 - - - 560,082 560,082 Public Facilities DIF 22 - 3,576 3,576 - 3,576 Capital Improvement Projects 8 - - - 1,765,000 1,765,000 TOTAL OTHER FUNDS $4,982,828 $1,763,285 $6,746,113 $(6,908,230) $ (162,118) The Other Funds proposed budget adjustments result in a positive net impact of $162,118, primarily being derived by the following transactions: 1. On June 15, 2023, the City was notified that ARPA funds could not be used to reimburse stipend paid after April 10, 2023 by the U.S. Department of Treasury with the Federal government declaration an end to the global Public Health Emergency for COVID-19 on May 19, 2023. These stipends are now being paid out of the General Fund either directly or by reimbursement to comply with adherence to existing MOU agreements with various labor groups. The estimated impact of this action is approximately $1.5 million for all funds combined. 2. Decrease the Supplies and Services expenditure appropriations by $100,000 and increase Other Capital expenditure appropriations by $100,000 for the Motorola CAD Server. 3. Increase CIP Project Expenditures by $925,000 from available Measure P Sales Tax fund balance for Fire Station #1 repairs (GGV0252). 4. Increase both the Supplies and Services expenditure appropriations and the revenue budget by $60,000 to cover program supplies. 5. Transfer the Special Events expenditure appropriations and decrease the revenue budget related to donations from the General Fund to the Donation Fund by $120,000. 6. Increase the Supplies and Services expenditure appropriations by $20,000 from available fund balance for the Bella Lago Preserve. 7. Decrease the Transfers Out expenditure appropriations by $100,000 to remove the ARPA reimbursement from Fiscal Year 2022-23 to the General Fund. 8. Decrease the Transfers Out expenditure appropriations by $1,765,000 to remove the ARPA reimbursement from Fiscal Year 2022-23 to the Capital Improvements Project Fund. 9. Increase both the Supplies and Services expenditure appropriations and the revenue budget by $50,000 to cover program supplies. 10. Increase the revenue budget for the HUD Fiscal Year 2023-24 allocation by $3,418,050, which the expenditure appropriations were included on the City Council Resolution No. 2023-045 on May 9, 2023. Page 117 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 10 11. Increase expenditures appropriations for HIDTA CBAG grant by $2,027,818 and increase expenditures appropriations by $2,542,295, and the revenue budget by $3,478,002 for the SD Law Enforcement Coordination Center HSGP grant. 12. Decrease both the Transfers Out in the Federal Grants Fund expenditure appropriations and the revenue budget in the Long-Term Debt Fund by $560,082 related to the HIDTA CBAG grant to correct the transfer schedule in Fiscal Year 2023-24. 13. Increase both the Personnel Services expenditure appropriations and the revenue budget by $126,305 for the OPSG Grant approved by the City Council on Resolution No. 2022-220 for the Fiscal Year 2023-24 allocation. 14. Increase the Transfers Out expenditure appropriations by $657,214 for the CDBG Section 108 Loan to match the debt service payment schedule. 15. Increase the expenditure appropriations in various categories by $414,093, and the revenue budget by $578,153 for the State Grants Other - Fire. 16. Increase the Supplies and Services expenditure appropriations by $225,000 from available fund balance for the Public Educational & Govt Fee Fund. 17. Increase the Supplies and Services expenditure appropriations by $80,000 from available fund balance for the Section 115 Fund to cover trustee fees. 18. Increase the Other Expenses expenditure appropriations by $481,044 from available fund balance for the Public Liability Trust Fund to cover various legal expenses. 19. Increase the Supplies and Services expenditure appropriations by $10,000 from available fund balance for the Open Space District #09 Fund for the unanticipated removal of 14 palm trees. 20. Increase the revenue budget by $100,000 to cover utility expenses for the Living Coast Discovery Center. 21. Increase both the Supplies and Services expenditure appropriations and the revenue budget by $1,032,942 for participation in the PP-IGT (Public Provider Intergovernmental Transfer) program. 22. Increase Transfers Out expenditure appropriations for debt service payment by $3,576. 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 First Quarter Report presents projected revenue and expenditure actuals as of September 30, 2023. Approval of the resolution amending the Fiscal Year 2023-24 budget will result in the following impacts: General Fund – The proposed adjustments result in no net impact to the Fiscal Year 2023-24 budget. This includes an increase in General Fund appropriations of approximately $1,759,726 and an increase in estimated revenues of $1,759,726. Page 118 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 11 Other Funds – The proposed adjustments result in a net impact to the Fiscal Year 2023-24 budget of the Other (non-General Fund) Funds of $162,118. This includes an increase in appropriations of approximately $6,746,113 and an increase in estimated revenues of $6,908,230. ONGOING FISCAL IMPACT Staff will review the impacted budgets to identify potential ongoing impacts and will incorporate as required during the Fiscal Year 2024-25 budget development process. ATTACHMENTS 1. General Fund Budget Transfers 2. General Fund Budget Amendments Staff Contact: Sarah Schoen, Director of Finance/Treasurer Ed Prendell, Budget and Analysis Manager Page 119 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda RESOLUTION NO. ________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023-24 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending September 30, 2023 and is recommending a number of budget amendments in the General Fund and various other funds to align the budget with anticipated year-end actuals where the actuals are expected to exceed the budget; and WHEREAS, staff is recommending increasing the revenue budget by $1,759,726 in and expense appropriations by $1,759,726 to various departments in the General Fund, resulting in no net fiscal impact to the General Fund; and WHEREAS, the American Rescue Plant Act 2021 Fund, Federal Grants Fund, State Grants Fund, CDBG Housing Program Fund, Development Services Fund, and the Sewer Service Revenue Fund will be positively impacted as a result of increased revenue appropriations resulting from the recommended changes; and WHEREAS, the 2016 Measure P Sales Tax Fund, Special Endowments Fund, Public Educational & Government Fee Fund, Section 115 Trust Fund, Public Liability Trust Fund, Open Space District #09 Fund, Central Garage Fund, Transport Enterprise Fund, Long Term Debt – City of CV Fund, Public Facilities DIF Fund, and Capital Improvement Projects Fund will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of these funds; and WHEREAS, the recommended adjustments to the 2018 Measure A Sales Tax Fund, Advanced Life Support Program Fund, Donations Fund, Other Grants Fund, Chula Vista Housing Authority and Living Coast Discovery Center Fund consist of offsetting adjustments between revenue and expenditure categories and are neutral resulting in no net fiscal impact to these funds; and WHEREAS, staff recommends that the City Council authorize the City Manager to amend the Fiscal Year 2023-24 budget and approve appropriations and transfers in the General Fund and various other funds in order to ensure audited actuals do not exceed budget resulting from any year-end closing entries. Page 120 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Resolution No. ________ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the Fiscal Year 2023-24 budget and approves the following appropriations and transfers: Summary of General Fund Appropriations and/or Transfers General Fund Budget Amendments Summary – First Quarter Fiscal Year 2023-24 DEPARTMENT PERSONNEL NON-PERSONNEL TOTAL TOTAL SERVICES EXPENSES EXPENSE REVENUE NET IMPACT City Council $ 2,536 $ - 2,536 $ - $ 2,536 City Clerk 1,015 - 1,015 - 1,015 City Attorney 887 - 887 - 887 Administration 1,521 - 1,521 - 1,521 Information Technology 1,522 - 1,522 - 1,522 Human Resources 3,550 - 3,550 - 3,550 Finance 7,103 - 7,103 - 7,103 Non-Departmental - 242,152 242,152 (1,151,220) (909,068) Animal Care Facility 11,616 - 11,616 - 11,616 Economic Development 2,029 (100,000) (97,971) 100,000 2,029 Development Services 7,610 35,660 43,270 (35,660) 7,610 Engineering/Capital Projects 2,768 418,861 421,629 (418,861) 2,768 Police 134,206 300,000 434,206 - 434,206 Fire 422,540 - 422,540 - 422,540 Public Works 51,233 33,985 85,218 (118,985) (33,767) Parks and Recreation 6,592 150,000 156,592 (135,000) 21,592 Library 6,340 16,000 22,340 - 22,340 TOTAL GENERAL FUND $ 663,068 $ 1,096,658 $ 1,759,726 $(1,759,726) $ - Page 121 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Resolution No. Page 3 Summary of Appropriations and/or Transfers for Other Funds Other Funds Budget Amendments Summary – First Quarter Fiscal Year 2023-24 DEPARTMENT PERSONNEL NON- PERSONNEL TOTAL TOTAL SERVICES EXPENSES EXPENSE REVENUE NET IMPACT OTHER FUNDS 2016 Measure P Sales Tax $ - $ 925,000 $ 925,000 $ - $ 925,000 2018 Measure A Sales Tax 200,364 - 200,364 (200,364) - Advanced Life Support Program 507 60,000 60,507 (60,507) - Donations - 120,000 120,000 (120,000) - Special Revenue Endowments - 20,000 20,000 - 20,000 American Rescue Plan Act 2021 - (1,844,633) (1,844,633) - (1,844,633) Other Grants - 50,000 50,000 (50,000) - Federal Grants 4,698,447 97,132 4,795,579 (6,304,524) (1,508,945) State Grants 26,594 394,093 420,687 (584,747) (164,060) Environmental Services 4,058 - 4,058 (4,058) - CDBG Housing Program - - - (719,863) (719,863) Chula Vista Housing Authority 1,015 - 1,015 (1,015) - Public Educational & Govt Fee - 225,000 225,000 - 225,000 Section 115 Trust - 80,000 80,000 - 80,000 Public Liability Trust - 481,044 481,044 - 481,044 Open Space District #09 - 10,000 10,000 - 10,000 Central Garage Fund 4,565 - 4,565 (1,015) 3,550 Living Coast Discovery Center - 100,000 100,000 (100,000) - Development Services Fund 12,769 - 12,769 (18,769) (6,000) Transport Enterprise 9,638 1,042,073 1,051,711 (1,042,580) 9,131 Sewer Service Revenue 23,349 - 23,349 (24,349) (1,000) Long Term Debt - City of CV - - - 560,082 560,082 Public Facilities DIF - 3,576 3,576 - 3,576 Capital Improvement Projects - - - 1,765,000 1,765,000 TOTAL OTHER FUNDS $4,982,828 $ 1,763,285 $6,746,113 $(6,908,230) $ (162,118) Presented by Approved as to form by Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 122 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Attachment 1 Department From To Reason Amount Finance Contracted Services Gas & Electric Transfer for Utility Overage 23,000$ Finance Contracted Services City Staff Services Transfer for Staff Time Expense 10,594 Police Salaries Software Maint. Fees Transfer for Software 29,000 Eng Salaries Contracted Services Transfer for Bayfront Contract 75,000 Total General Fund Budget Transfers 137,594$ GENERAL FUND BUDGET TRANSFERS Approved by Administration Fiscal Year 2023‐2024 (as of September 30, 2023) Page 123 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Attachment 2 Resolution Date Budget Amendments Revenue Expenditure Net Impact 2023‐083 7/1/2023 Personnel Appropriations (Animal Care)156,800$ 156,800$ ‐$ 2023‐141 9/12/2023 Personnel Appropriations (City Clerk)34,279 68,557 (34,278) Total General Fund Budget Amendments $ 191,079 $ 225,357 $ (34,278) General Fund Budget Amendments Fiscal Year 2023‐2024 (as of September 30, 2023) Page 124 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE Investment Report: Quarter Ending September 30, 2023 Report Number: 23-0301 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Receive the investment report for the quarter ending on September 30, 2023. SUMMARY Transmitted herewith is the City’s investment report for the quarter ending September 30, 2023. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in October. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmenta l fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 125 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 2 DISCUSSION As shown in the table below, the total cash and investment portfolio held by the City as of September 30, 2023, was $614,483,374 and total cash and investments held by the trustees was $154,098,447. Summary of Cash and Investments as of September 30, 2023 Investments Book Value Managed Investment Portfolio $ 560,653,033 State of California Local Agency Investment Fund 7,606,042 County of San Diego Pooled Investment Fund 23,880,319 Total Investments Held by the City 592,139,394 Cash/Time Deposits 22,343,980 Total Cash and Investments Held by the City 614,483,374 Cash and Investments Held by Bank Trustee 154,098,447 Total Investment Portfolio $ 768,581,821 Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2023-024 on March 7, 2023. During this quarter, $64,999,000 was transferred from the State of CA Local Agency Investment Fund, pooled investment account, to the City. $40,000,000 of the transferred funds were used for investment purchases, with the remainder of funds used to maintain adequate cashflows during the quarter. Additionally, twenty - eight investments matured, totaling $56,916,000. Fourteen purchases were made to replace those investments. Purchased investments include: seven treasury notes ($70,540,000), three federal agency bonds ($16,500,000), two corporate notes ($5,000,000), one negotiable certificate of deposit ($5,000,000), and one commercial paper ($5,000,000). The Finance Department continues to manage the portfolio and execute transactions as financial and economic conditions warrant. There is no further activity to report other than routine investments. Two-year Treasuries were yielding 4.87% at the beginning of the quarter and ended the quarter at a yield of 5.03%. As of September 30, 2023, the Weighted Yield to Maturity on the Managed Investment Portfolio was 2.73%, which was an increase of 41 basis points from the previous quarter. The average yield of the two- year U.S. treasury note over the last twelve months is 4.54%. Purchases are made at current market yields with fixed interest rates. At the end of this quarter, the Weighted Average Maturity of the Managed Investment Portfolio was 1.46 years, which is a decrease from 1.66 years from the prior quarter. The Federal Open Market Committee (FOMC) meets approximately every six weeks and determines the level of the Federal Funds Rate. During this quarter, the FOMC met on July 25 and September 19. At their July 25 meeting, the FOMC voted to raise the Federal Funds Rate target range by 0.25%. At their September 19 meeting, the FOMC voted to maintain the Federal Funds Rate target range. The Federal Funds Rate target range is 5.25%-5.50%. Page 126 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 3 The following excerpts are from the statement issued by the FOMC following their June 13 meeting. “Recent indicators suggest that economic activity has been expanding at a solid pace. Job gains have slowed in recent months but remain strong, and the unemployment rate has remained low. Inflation remains elevated. The U.S. banking system is sound and resilient. Tighter credit conditions for households and businesses are likely to weigh on economic activity, hiring, and inflation. The extent of these effects remains uncertain. The Committee remains highly attentive to inflation risks. The Committee seeks to achieve maximum employment and inflation at the rate of 2 percent over the longer run. In support of these goals, the Committee decided to maintain the target range for the federal funds rate at 5-1/4 to 5-1/2 percent. The Committee will continue to assess additional information and its implications for monetary policy. In determining the extent of additional policy firming that may be appropriate to return inflation to 2 percent over time… In assessing the appropriate stance of monetary policy, the Committee will continue to monitor the implications of incoming information for the economic outlook. The Committee would be prepared to adjust the stance of monetary policy as appropriate if risks emerge that could impede the attainment of the Committee's goals. The Committee's assessments will take into account a wide range of information, including readings on labor market conditions, inflation pressures and inflation expectations, and financial and international developments.” This is the first complete quarter that Chandler Asset Management, Inc. has provided non-discretionary investment management services to manage the City’s investment portfolio. The Finance Department, with the assistance of Chandler Asset Management, Inc, continues to manage the City’s investment portfolio in accordance with the Government Code and the Council Investment Policy. Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City will be able to comfortably meet overall cash flow needs over the next six months. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov’t Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Summary of Cash and Investments as of September 30, 2023 2. Investment Report for the Quarter Ended September 30, 2023 Staff Contact: Adrian Del Rio, Assistant Director, Finance Department Sarah Schoen, Director of Finance/Treasurer Page 127 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda % of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $758,721 $758,721 $758,721 0.10% U.S. Treasury Bond/Note 94,200,000 93,300,236 93,198,971 12.13% Federal Agency Collateralized Mtg Ob.0 0 0 0.00% Federal Agency Bond/Note 216,076,000 207,351,477 215,448,526 28.03% Corporate Note 128,641,000 122,445,436 128,781,499 16.76% Commercial Paper 5,000,000 4,979,078 4,954,833 0.64% Certificate of Deposit 24,116,000 23,453,873 24,118,305 3.14% Municipal Bond 71,390,000 67,635,582 70,809,062 9.21% Supranationals 18,400,000 17,260,864 18,264,469 2.38% Asset Back Security/Collateralized Mtg Ob.0 0 0 0.00% Placement Service Deposits (CDARS)4,318,646 4,318,646 4,318,646 0.56% Managed Investment Portfolio Subtotal 562,900,367 541,503,911 560,653,033 72.95% Pooled Investments State of CA Local Agency Investment Fund 7,606,042 7,501,898 7,606,042 0.99% County of San Diego Pooled Investment Fund 23,880,319 23,073,164 23,880,319 3.11% Pooled Investments Subtotal 31,486,361 30,575,063 31,486,361 4.10% Investments Held by the City 594,386,728 572,078,974 592,139,394 7.20% Cash/Time Deposits 22,343,980 22,343,980 22,343,980 2.91% Total Cash & Investments Held by the City $616,730,708 $594,422,954 $614,483,374 79.95% Held by Bank Trustee/Fiduciary Funds Investment Agreements 0 0 0 0.00% Mutual Funds 20,039,056 19,844,455 20,039,056 2.61% Cash with Fiscal Agents 0 0 0 0.00% Restricted Cash 19,397,797 19,397,797 19,397,797 2.52% U.S. Government 114,661,594 114,661,594 114,661,594 14.92% Total Held by Bank Trustee/Fiduciary Funds $154,098,447 $153,903,846 $154,098,447 20.05% Total Portfolio $770,829,155 $748,326,800 $768,581,821 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. Book value is par value of the security plus or minus any premium or discount on the security. Summary of Cash and Investments as of September 30, 2023 City of Chula Vista Page 128 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Excludes Pooled Investments and BNY Custodial Cash Account Portfolio Maturity Under 1 Year Maturity Sept 2023 June 2023 Change 1 - 2 Years 3-Month 5.55%5.43%0.12%2 - 3 Years 1-Year 5.46%5.40%0.06%3 - 4 Years 2-Year 5.03%4.87%0.16%4 - 5 Years 3-Year 4.80%4.49%0.31%Total 5-Year 4.60%4.13%0.47% 10-Year 4.59%3.81%0.78% July August Sept 2022 Sept 2021 Sept 2020 Sept 2019 Sept 4.22%0.28%0.13%1.63%Total for Quarter Note: Interest Earnings figures do not include capital gains or losses PAR Maturing 8,999,000$ City of Chula Vista Investment Report for the Quarter Ended September 30, 2023 Portfolio Summary and Key Statistics PAR Value Book Value Market Value Weighted Average Maturity (in years) Weighted Yield to Maturity Portfolio Key Statistics 594,386,728$ 592,139,394$ 572,078,974$ 1.46 2.73% 3,874,544$ % Maturing 2022 Change 562,141,646$ 44% 28% 17% 9% 2% 100% 248,849,646$ 156,244,000$ 96,103,000$ 51,946,000$ 1,350,793$ U.S. Treasury Yields - Quarterly Comparison 2-Year U.S. Treasury Yield - Historical Data 1,371,959$ 1,151,791$ 637,365$ 809,444$ Interest Earnings 2023 1,063,773$ 2,510,582$ 734,594$ 342,347$ 287,021$ 1,363,962$ 0.00% 4.10% 0.87% 21.40% 36.25% 16.31% 11.82% 3.02% 0.75%1.31%4.03% 0.13% ASSET-BACKED SECURITY CERTIFICATE OF DEPOSIT COMMERCIAL PAPER CORPORATE NOTE FEDERAL AGENCY BOND/NOTE U.S. TREASURY NOTE MUNICIPAL BOND SUPRANATIONAL PLACEMENT SERVICE DEPOSITS LOCAL AGENCY INVESTMENT FUND SD COUNTY INVESTMENT POOL MONEY MARKET FUND (BNY MELLON) 0% 10% 20% 30% 40% 50% Under 1 Year 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years 44% 28% 17% 9% 2% Portfolio Maturity Distribution Page 1 of 18 Source: City of Chula Vista Finance DepartmentPage 129 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 ASSET-BACKED SECURITY SUBTOTAL 0.00 0.00 0.00 20033AM86 COMENITY CAPITAL NO 10/30/2018 3.450%10/30/2023 249,000.00 NA 10/26/2018 10/30/2018 249,000.00 3.45 248,490.26 38148PY84 GOLDMAN SACHS NO 10/31/2018 3.500%10/31/2023 245,000.00 NA 10/26/2018 10/31/2018 245,000.00 3.50 244,191.50 90348JFQ8 UBS BANK USA NO 11/7/2018 3.500%11/7/2023 249,000.00 NA 10/30/2018 11/7/2018 249,000.00 3.50 248,506.15 06740KMU8 BARCLAYS BANK NO 11/7/2018 3.450%11/7/2023 245,000.00 NA 10/29/2018 11/7/2018 245,000.00 3.45 244,370.81 61690UAZ3 MORGAN STANLEY NO 11/8/2018 3.550%11/8/2023 245,000.00 NA 10/31/2018 11/8/2018 245,000.00 3.55 244,389.59 17312QV55 CITIBANK NA NO 11/9/2018 3.450%11/9/2023 245,000.00 NA 10/26/2018 11/9/2018 245,000.00 3.45 244,343.45 949763UY0 WELLS FARGO BANK NA NO 11/9/2018 3.500%11/9/2023 249,000.00 NA 10/26/2018 11/9/2018 249,000.00 3.50 248,492.83 20143PDV9 COMMERCIAL BANK HARROGATE NO 11/15/2018 3.400%11/15/2023 249,000.00 NA 11/7/2018 11/15/2018 249,000.00 3.40 248,365.75 06426KBH0 BANK OF NEW ENGLAND NO 7/19/2019 2.150%11/20/2023 249,000.00 NA 7/10/2019 7/19/2019 249,000.00 2.15 247,766.23 06062R7R7 BANK OF BARODA NO 11/30/2018 3.550%11/30/2023 245,000.00 NA 11/20/2018 11/30/2018 245,000.00 3.55 244,186.45 57116ATG3 MARLIN BUSINESS BANK NO 12/2/2019 1.700%12/4/2023 249,000.00 NA 11/6/2019 12/2/2019 249,000.00 1.70 247,248.71 066851WH5 BAR HARBOR BANK & TRUST NO 12/31/2018 3.300%12/29/2023 249,000.00 NA 12/19/2018 12/31/2018 249,000.00 3.30 247,570.22 629801AB7 NAHEOLA CREDIT UNION NO 1/10/2020 2.000%1/10/2024 248,000.00 NA 12/20/2019 1/10/2020 248,000.00 2.00 245,517.66 58404DDG3 MEDALLION BANK UTAH NO 2/11/2019 3.000%2/12/2024 249,000.00 NA 1/30/2019 2/11/2019 249,000.00 3.00 246,773.45 77579ADF0 ROLLSTONE BANK & TRUST NO 2/12/2020 1.650%2/12/2024 247,000.00 NA 2/11/2020 2/13/2020 247,000.00 1.65 243,394.03 69324MAL9 PCSB BANK NO 2/21/2020 1.650%2/21/2024 249,000.00 NA 2/6/2020 2/21/2020 249,000.00 1.65 245,189.74 06251AW48 BANK HAPOALIM BM NY NO 3/25/2019 2.900%3/25/2024 246,000.00 NA 3/18/2019 3/25/2019 246,000.00 2.90 242,977.66 05465DAK4 AXOS BANK NO 3/26/2020 1.650%3/26/2024 249,000.00 NA 2/27/2020 3/26/2020 249,000.00 1.65 244,194.25 654062JR0 NICOLET NATIONAL BANK NO 3/31/2020 1.150%3/28/2024 249,000.00 NA 3/18/2020 3/31/2020 249,000.00 1.15 243,633.30 51210SSH1 LAKESIDE BANK NO 4/14/2020 1.250%4/12/2024 249,000.00 NA 4/3/2020 4/14/2020 249,000.00 1.25 243,280.92 472382AQ3 JEFFERSON BANK NO 4/15/2020 1.250%4/15/2024 249,000.00 NA 4/3/2020 4/15/2020 249,000.00 1.25 243,219.29 69506YRH4 PACIFIC WESTERN BANK NO 4/16/2020 1.300%4/16/2024 248,000.00 NA 4/6/2020 4/16/2020 248,000.00 1.30 242,341.72 88457PAR8 THOMASTON SAVINGS BANK NO 4/23/2020 1.250%4/23/2024 248,000.00 NA 4/13/2020 4/23/2020 248,000.00 1.25 242,066.55 66736ABT5 NORTHWEST BANK NO 4/30/2020 1.100%4/30/2024 249,000.00 NA 4/17/2020 4/30/2020 249,000.00 1.10 242,549.02 32027BAM9 FIRST FREEDOM BANK NO 4/30/2020 1.100%4/30/2024 249,000.00 NA 4/17/2020 4/30/2020 249,000.00 1.10 242,475.76 909242AH2 UNITED REPUBLIC BANK NO 5/13/2020 1.000%5/13/2024 249,000.00 NA 4/21/2020 5/13/2020 249,000.00 1.00 241,988.11 14042RLZ2 CAPITAL ONE NA NO 6/19/2019 2.500%6/19/2024 246,000.00 NA 6/11/2019 6/19/2019 246,000.00 2.50 240,693.39 14042TAW7 CAPITAL ONE BANK NO 6/19/2019 2.500%6/19/2024 246,000.00 NA 6/11/2019 6/19/2019 246,000.00 2.50 240,548.52 501798NL2 LCA BANK CORPORATION NO 6/28/2019 2.200%6/28/2024 247,000.00 NA 6/19/2019 6/28/2019 247,000.00 2.20 240,828.96 761402BY1 REVERE BANK NO 6/28/2019 2.300%6/28/2024 247,000.00 NA 6/18/2019 6/28/2019 247,000.00 2.30 240,970.76 156634AS6 CENTURY NEXT BANK NO 7/17/2019 2.000%7/17/2024 249,000.00 NA 7/3/2019 7/17/2019 249,000.00 2.00 241,882.13 15721UDB2 CF BANK NO 8/19/2019 1.850%8/19/2024 247,000.00 NA 8/8/2019 8/19/2019 247,000.00 1.85 238,823.70 33617LAC3 FIRST RESOURCE BANK NO 8/21/2019 1.700%8/21/2024 249,000.00 NA 8/12/2019 8/21/2019 249,000.00 1.70 240,376.70 128829AF5 CALDWELL BANK & TRUST NO 8/23/2019 1.900%8/23/2024 247,000.00 NA 8/7/2019 8/23/2019 247,000.00 1.90 238,844.46 938828BJ8 WASHINGTON FEDERAL NO 8/23/2019 2.050%8/23/2024 249,000.00 NA 7/29/2019 8/23/2019 249,000.00 2.05 241,081.92 372348CK6 GENOA BANKING COMPANY NO 8/28/2019 1.800%8/28/2024 249,000.00 NA 8/12/2019 8/28/2019 249,000.00 1.80 240,412.17 589227AG2 MERCHANTS STATE BANK NO 8/30/2019 1.800%8/30/2024 247,000.00 NA 8/7/2019 8/30/2019 247,000.00 1.80 238,395.10 740367HS9 PREFERRED BANK NO 8/30/2019 1.850%8/30/2024 249,000.00 NA 8/7/2019 8/30/2019 249,000.00 1.85 240,454.37 710665FD7 PEOPLES BANK ROCK VALLEY NO 3/10/2020 1.500%9/10/2024 249,000.00 NA 2/24/2020 3/10/2020 249,000.00 1.50 239,334.27 020080BL0 ALMA BANK NO 9/11/2019 1.750%9/11/2024 249,000.00 NA 8/27/2019 9/11/2019 249,000.00 1.75 239,952.81 064236BG6 BANK OF OLD MONROE NO 9/18/2019 1.700%9/18/2024 249,000.00 NA 8/27/2019 9/18/2019 249,000.00 1.70 239,647.83 849430BA0 SPRING BANK NO 9/19/2019 1.650%9/19/2024 249,000.00 NA 8/27/2019 9/19/2019 249,000.00 1.65 239,421.88 29367RLA2 ENTERPRISE BANK NO 9/27/2019 1.800%9/27/2024 247,000.00 NA 9/17/2019 9/27/2019 247,000.00 1.80 237,830.19 06652CHB0 BANKWEST INC NO 9/27/2019 1.700%9/27/2024 249,000.00 NA 9/12/2019 9/27/2019 249,000.00 1.70 239,408.53 903572DX0 UINTA BANK NO 10/16/2019 1.700%10/16/2024 247,000.00 NA 10/4/2019 10/16/2019 247,000.00 1.70 237,030.21 62844AAP2 MUTUALBANK NO 10/22/2019 1.700%10/22/2024 249,000.00 NA 10/4/2019 10/22/2019 249,000.00 1.70 238,687.47 32116PAM0 FIRST BANK OF NEBRASKA NO 10/30/2019 1.700%10/30/2024 249,000.00 NA 10/9/2019 10/30/2019 249,000.00 1.70 238,579.42 29367SJQ8 ENTERPRISE BANK & TRUST NO 11/8/2019 1.800%11/8/2024 249,000.00 NA 10/22/2019 11/8/2019 249,000.00 1.80 238,649.54 Page 2 of 18 Page 130 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 89579NCB7 TRIAD BANK NO 11/8/2019 1.800%11/8/2024 249,000.00 NA 11/4/2019 11/8/2019 249,000.00 1.80 238,557.94 560507AN5 MAINE SAVINGS FCU NO 11/8/2019 1.900%11/8/2024 245,000.00 NA 2/3/2020 2/5/2020 247,305.45 1.69 234,990.15 201282JB7 COMMERCIAL BANK ALMA MI NO 11/13/2019 1.750%11/13/2024 249,000.00 NA 10/31/2019 11/13/2019 249,000.00 1.75 238,391.72 20404YCF0 COMMUNITY STATE BANK IL NO 3/2/2020 1.550%12/2/2024 249,000.00 NA 2/13/2020 3/2/2020 249,000.00 1.55 237,355.54 204161BJ1 COMMUNITY BANK TEXAS NO 12/4/2019 1.800%12/4/2024 249,000.00 NA 11/20/2019 12/4/2019 249,000.00 1.80 238,020.01 062163BN9 BANK FORWARD NO 12/18/2019 1.750%12/18/2024 249,000.00 NA 12/5/2019 12/18/2019 249,000.00 1.75 237,534.90 35637RDC8 FREEDOM FINANCIAL BANK NO 2/14/2020 1.550%2/14/2025 249,000.00 NA 2/6/2020 2/14/2020 249,000.00 1.55 235,519.44 32114VBT3 FIRST NATL BANK MICHIGAN NO 2/14/2020 1.650%2/14/2025 249,000.00 NA 2/4/2020 2/14/2020 249,000.00 1.65 235,914.65 029728BC5 AMERICAN STATE BANK IA NO 2/21/2020 1.600%2/21/2025 249,000.00 NA 2/6/2020 2/21/2020 249,000.00 1.60 235,510.64 07815AAZ0 BELL BANK CORP NO 2/27/2020 1.600%2/27/2025 249,000.00 NA 2/10/2020 2/27/2020 249,000.00 1.60 235,361.33 02554BCZ2 AMERICAN EAGLE BANK IL NO 2/28/2020 1.600%2/28/2025 249,000.00 NA 2/18/2020 3/2/2020 249,000.00 1.60 235,336.44 44042TBX1 HORIZON BANK WAVERLY NE NO 2/28/2020 1.550%2/28/2025 249,000.00 NA 2/6/2020 2/28/2020 249,000.00 1.55 235,166.33 32117WAN2 FNB OF ALBANY NO 2/28/2020 1.600%2/28/2025 249,000.00 NA 2/25/2020 2/28/2020 249,000.00 1.60 235,336.44 46256YBF5 IOWA STATE BANK NO 3/5/2020 1.500%3/5/2025 248,000.00 NA 2/24/2020 3/5/2020 248,000.00 1.50 233,975.03 00435JBH5 ACCESS BANK OMAHA NE NO 3/13/2020 1.600%3/13/2025 249,000.00 NA 2/27/2020 3/13/2020 249,000.00 1.60 234,962.98 58117WAG2 MCHENRY SAVINGS BANK NO 3/13/2020 1.550%3/13/2025 249,000.00 NA 2/25/2020 3/13/2020 249,000.00 1.55 234,721.88 30257JAR6 FNB BANK INC/ROMNEY NO 3/18/2020 1.150%3/18/2025 249,000.00 NA 3/2/2020 3/18/2020 249,000.00 1.15 233,250.97 411822CN7 HARDIN COUNTY BANK NO 3/27/2020 1.000%3/27/2025 249,000.00 NA 3/9/2020 3/27/2020 249,000.00 1.00 232,464.96 064657BB4 BANK OF ROMNEY NO 3/27/2020 1.150%3/27/2025 249,000.00 NA 3/2/2020 3/27/2020 249,000.00 1.15 233,002.98 79772FAF3 SAN FRANCISCO CREDIT NO 3/27/2020 1.100%3/27/2025 249,000.00 NA 3/10/2020 3/27/2025 249,000.00 1.10 232,764.92 152577AZ5 CENTRAL BANK NO 3/27/2020 1.000%3/27/2025 249,000.00 NA 3/11/2020 3/27/2020 249,000.00 1.00 232,464.96 499724AM4 KNOXVILLE TVA EMPL CREDIT NO 3/31/2020 1.000%3/31/2025 249,000.00 NA 3/11/2020 3/31/2020 249,000.00 1.00 232,294.30 15201QCJ4 CENTERSTATE BANK NO 3/30/2020 1.000%3/31/2025 248,000.00 NA 3/10/2020 3/30/2020 248,000.00 1.00 231,628.50 38058KEF9 GOLD COAST BANK NO 4/15/2020 1.300%4/15/2025 249,000.00 NA 3/31/2020 4/15/2020 249,000.00 1.30 233,064.40 87164WZS0 SYNCHRONY BANK NO 4/17/2020 1.450%4/17/2025 248,000.00 NA 4/6/2020 4/17/2020 248,000.00 1.45 232,786.50 856285TF8 STATE BANK OF INDIA NO 4/29/2020 1.600%4/29/2025 248,000.00 NA 4/13/2020 4/29/2020 248,000.00 1.60 233,031.39 08016PDP1 BELMONT BANK & TRUST NO 4/30/2020 1.300%4/30/2025 249,000.00 NA 4/3/2020 4/30/2020 249,000.00 1.30 232,668.42 55316CAY2 M1 BANK NO 5/8/2020 1.000%5/8/2025 248,000.00 NA 4/27/2020 5/8/2020 248,000.00 1.00 230,494.07 01882MAC6 ALLIANT CREDIT UNION NO 12/30/2022 5.000%12/30/2027 249,000.00 NA 12/21/2022 12/30/2022 249,000.00 5.00 246,488.05 89115BYQ7 TORONTO DOMINION BK N Y NO 8/28/2023 5.910%5/21/2024 5,000,000.00 A-1+8/25/2023 8/28/2023 5,000,000.00 5.91 5,001,435.00 CERTIFICATE OF DEPOSIT SUBTOTAL 24,116,000.00 24,118,305.45 23,453,872.58 62479MXT5 MUFG BK LTD N Y NO 6/29/2023 5.420%10/27/2023 5,000,000.00 A-1 8/25/2023 8/28/2023 4,954,833.33 5.47 4,979,077.78 COMMERCIAL PAPER SUBTOTAL 5,000,000.00 4,954,833.33 4,979,077.78 231021AR7 CUMMINS INC MW 9/24/2013 3.650%10/1/2023 3,500,000.00 A+7/15/2019 7/18/2019 3,689,081.20 2.22 3,500,000.00 14913Q2S7 CATERPILLAR FINL MW 12/7/2018 3.650%12/7/2023 3,700,000.00 A 6/4/2019 6/6/2019 3,870,829.00 2.56 3,685,866.00 24422EUX5 JOHN DEERE CAPITAL CORP NO 6/7/2019 2.600%3/7/2024 3,000,000.00 A 5/1/2020 5/5/2020 3,154,993.53 1.22 2,961,780.00 904764AX5 UNILEVER CAPITAL MW&C 5/5/2017 2.600%5/5/2024 1,500,000.00 A+2/4/2020 2/6/2020 1,550,235.00 1.75 1,472,385.00 904764AX5 UNILEVER CAPITAL MW&C 5/5/2017 2.600%5/5/2024 2,000,000.00 A+2/6/2020 2/10/2020 2,063,700.00 1.79 1,963,180.00 037833AS9 APPLE INC MW 5/6/2014 3.450%5/6/2024 250,000.00 AA+1/31/2020 2/4/2020 268,607.50 1.63 246,757.50 037833CU2 APPLE INC MW 5/11/2017 2.850%5/11/2024 650,000.00 AA+2/5/2020 2/7/2020 679,640.00 1.69 638,865.50 882508BB9 TEXAS INSTRUMENTS MW 5/4/2017 2.625%5/15/2024 1,000,000.00 A+7/16/2019 7/19/2019 1,015,040.00 2.28 981,240.00 06406HCV9 BANK OF NEW YORK MELLON CORP MW 5/7/2014 3.400%5/15/2024 600,000.00 A 5/4/2020 5/6/2020 647,702.11 1.36 590,772.00 459200JY8 IBM CORP MW 5/15/2019 3.000%5/15/2024 3,000,000.00 A-7/14/2021 7/16/2021 3,201,589.22 0.60 2,949,030.00 04636NAC7 ASTRAZENECA FINANCE LLC MW 5/28/2021 0.700%5/28/2024 2,500,000.00 A 12/13/2021 12/15/2021 2,476,175.00 1.10 2,418,925.00 68233JBM5 ONCOR ELECTRIC DELIVERY MW 5/23/2019 2.750%6/1/2024 475,000.00 A+12/23/2021 12/28/2021 493,349.25 1.08 465,186.50 440452AG5 HORMEL FOODS CORP MW 6/3/2021 0.650%6/3/2024 3,000,000.00 A-1/19/2022 1/21/2022 2,962,380.00 1.19 2,898,600.00 931142EL3 WALMART INC MW 4/23/2019 2.850%7/8/2024 3,900,000.00 AA 5/10/2022 5/12/2022 3,910,569.00 2.71 3,820,206.00 79466LAG9 SALESFORCE.COM INC MW 7/12/2021 0.625%7/15/2024 450,000.00 A+12/8/2021 12/10/2021 446,113.52 0.96 432,481.50 91324PDR0 UNITED HEALTH MW 7/25/2019 2.375%8/15/2024 3,000,000.00 A+7/9/2021 7/13/2021 3,164,611.52 0.58 2,915,340.00 Page 3 of 18 Page 131 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 30231GBC5 EXXON MOBIL CO MW 8/16/2019 2.019%8/16/2024 1,000,000.00 AA-6/28/2021 6/30/2021 1,042,229.78 0.65 971,270.00 023135AZ9 AMAZON.COM INC MW 2/22/2018 2.800%8/22/2024 226,000.00 AA 1/14/2020 1/16/2020 234,784.62 1.88 220,524.02 12189LAT8 BURLINGTON NORTH SANTA FE MW 8/18/2014 3.400%9/1/2024 1,000,000.00 AA-1/14/2020 1/16/2020 1,063,990.00 1.87 979,060.00 12189LAT8 BURLINGTON NORTH SANTA FE MW 8/18/2014 3.400%9/1/2024 3,000,000.00 AA-12/3/2021 12/7/2021 3,178,248.00 0.97 2,937,180.00 191216CL2 COCA-COLA CO MW 9/6/2019 1.750%9/6/2024 3,200,000.00 A+12/17/2021 12/21/2021 3,268,288.00 0.95 3,088,384.00 70450YAC7 PAYPAL HOLDING MW 9/26/2019 2.400%10/1/2024 950,000.00 A-6/28/2021 6/30/2021 1,002,643.56 0.67 919,790.00 06406RAL1 BANK OF NEW YORK MELLON CORP NO 10/24/2019 2.100%10/24/2024 1,000,000.00 A 12/8/2021 12/10/2021 1,026,690.00 1.15 960,840.00 14913Q3B3 CATERPILLAR FINL MW 11/8/2019 2.150%11/8/2024 3,000,000.00 A 12/3/2021 12/7/2021 3,093,739.11 1.06 2,889,990.00 427866BC1 HERSHEY COMPANY MW 10/31/2019 2.050%11/15/2024 677,000.00 A 1/14/2020 1/16/2020 682,504.01 1.87 651,835.91 00724FAC5 ADOBE SYSTEMS INC MW 1/26/2015 3.250%2/1/2025 2,595,000.00 A+5/5/2022 5/9/2022 2,603,405.15 3.11 2,521,094.40 69371RQ66 PACCAR FINANCIAL NO 2/6/2020 1.800%2/6/2025 1,000,000.00 A+7/29/2021 8/2/2021 1,039,501.74 0.66 951,110.00 89236TGT6 TOYOTA MOTOR CORP MW 2/13/2020 1.800%2/13/2025 1,000,000.00 A+10/15/2021 10/19/2021 1,025,005.34 1.03 950,330.00 88579YBH3 3M COMPANY MW 8/26/2019 2.000%2/14/2025 2,500,000.00 BBB+1/19/2022 1/21/2022 2,540,850.00 1.44 2,370,450.00 384802AE4 WW GRAINGER INC MW 2/26/2020 1.850%2/15/2025 580,000.00 A+7/23/2021 7/27/2021 602,805.02 0.70 551,000.00 24422EUE7 JOHN DEERE CAPITAL CORP NO 3/13/2018 3.450%3/13/2025 1,250,000.00 A 11/19/2021 11/23/2021 1,345,784.48 1.08 1,216,287.50 458140BP4 INTEL CORP MW 3/25/2020 3.400%3/25/2025 2,001,000.00 A 11/22/2022 11/25/2022 1,951,375.20 4.53 1,938,848.94 023135CE4 AMAZON.COM INC MW 4/13/2022 3.000%4/13/2025 3,000,000.00 AA 5/9/2022 5/11/2022 3,000,780.00 2.99 2,897,400.00 87612EBL9 TARGET CORP MW 3/31/2020 2.250%4/15/2025 3,000,000.00 A 1/27/2022 1/31/2022 3,046,902.17 1.75 2,859,060.00 037833DT4 APPLE INC MW 5/11/2020 1.125%5/11/2025 1,131,000.00 AA+11/19/2021 11/23/2021 1,131,188.51 1.12 1,057,914.78 438516CB0 HONEYWELL INTERNATIONAL MW 5/18/2020 1.350%6/1/2025 3,000,000.00 A 11/19/2021 11/23/2021 3,020,786.76 1.14 2,808,000.00 023135BQ8 AMAZON.COM INC MW 6/3/2020 0.800%6/3/2025 1,678,000.00 AA 12/14/2021 12/16/2021 1,655,794.57 1.19 1,555,506.00 46625HMN7 JP MORGAN CHASE YES 7/21/2015 3.900%7/15/2025 2,000,000.00 A-1/21/2022 1/25/2022 2,137,260.00 1.85 1,937,020.00 69371RR99 PACCAR FINANCIAL NO 8/11/2022 3.550%8/11/2025 2,300,000.00 A+12/13/2022 12/15/2022 2,253,206.04 4.37 2,224,997.00 857477AT0 STATE STREET CORP NO 8/18/2015 3.550%8/18/2025 1,600,000.00 A 3/25/2022 3/29/2022 1,623,320.62 3.09 1,536,912.00 231021AU0 CUMMINS INC MW 8/24/2020 0.750%9/1/2025 743,000.00 A+12/8/2021 12/10/2021 728,678.81 1.28 679,042.56 231021AU0 CUMMINS INC MW 8/24/2020 0.750%9/1/2025 2,257,000.00 A+12/16/2021 12/20/2021 2,222,307.35 1.18 2,062,717.44 437076BK7 HOME DEPOT INC MW 9/15/2015 3.350%9/15/2025 3,200,000.00 A 7/29/2022 8/2/2022 3,224,486.40 3.09 3,078,336.00 89236THP3 TOYOTA MOTOR CORP MW 10/16/2020 0.800%10/16/2025 3,000,000.00 A+12/8/2021 12/10/2021 2,931,090.00 1.42 2,730,180.00 92826CAD4 VISA INC MW 12/14/2015 3.150%12/14/2025 2,500,000.00 AA-3/24/2022 3/28/2022 2,535,958.53 2.74 2,388,600.00 713448DF2 PEPSICO INC MW 2/24/2016 2.850%2/24/2026 1,872,000.00 A+10/4/2022 10/6/2022 1,785,214.08 4.34 1,772,203.68 17275RBC5 CISCO SYSTEMS MW 2/29/2016 2.950%2/28/2026 3,500,000.00 AA-11/22/2022 11/25/2022 3,353,490.00 4.34 3,324,615.00 87612EBE5 TARGET CORP MW 4/11/2016 2.500%4/15/2026 1,850,000.00 A 10/3/2022 10/5/2022 1,736,749.15 4.39 1,739,721.50 87612EBE5 TARGET CORP MW 4/11/2016 2.500%4/15/2026 1,901,000.00 A 12/13/2022 12/15/2022 1,802,920.14 4.17 1,787,681.39 69371RR32 PACCAR FINANCIAL NO 5/10/2021 1.100%5/11/2026 3,000,000.00 A+10/3/2022 10/5/2022 2,673,850.54 4.40 2,699,940.00 458140AU4 INTEL CORP MW 5/19/2016 2.600%5/19/2026 2,374,000.00 A 12/23/2021 12/28/2021 2,494,124.40 1.34 2,222,871.16 931142EM1 WALMART INC MW 4/23/2019 3.050%7/8/2026 1,900,000.00 AA 9/23/2022 9/27/2022 1,829,939.40 4.11 1,802,701.00 17275RBL5 CISCO SYSTEMS MW 9/20/2016 2.500%9/20/2026 1,150,000.00 AA-10/4/2022 10/6/2022 1,084,622.50 4.07 1,067,867.00 438516BL9 HONEYWELL INTERNATIONAL MW 10/31/2016 2.500%11/1/2026 1,185,000.00 A 8/1/2022 8/3/2022 1,160,092.98 3.03 1,096,563.45 654106AF0 NIKE INC MW 10/21/2016 2.375%11/1/2026 1,035,000.00 AA-8/2/2022 8/4/2022 1,003,598.10 3.14 952,438.05 452308AX7 ILLINOIS TOOL WORKS INC MW 11/7/2016 2.650%11/15/2026 1,421,000.00 A+10/14/2022 10/18/2022 1,305,557.96 4.87 1,320,364.78 002824BF6 ABBOTT LABORATORIES MW 11/22/2016 3.750%11/30/2026 1,000,000.00 AA-10/17/2022 10/19/2022 964,363.96 4.71 960,320.00 61746BEF9 MORGAN STANLEY YES 1/20/2017 3.625%1/20/2027 2,500,000.00 A-9/20/2023 9/22/2023 2,350,375.00 5.62 2,333,950.00 46647PBA3 JPMORGAN CHASE & CO YES 1/29/2019 3.960%1/29/2027 2,500,000.00 A-9/20/2023 9/22/2023 2,396,750.00 5.86 2,389,875.00 06048WS84 BANK OF AMERICA CORP YES 3/2/2022 2.750%3/2/2027 4,000,000.00 A-2/28/2022 3/2/2022 4,000,000.00 2.75 3,535,920.00 808513BY0 CHARLES SCHWAB CORP MW 3/3/2022 2.450%3/3/2027 2,205,000.00 A 8/1/2022 8/3/2022 2,121,115.19 3.35 1,964,368.35 713448ER5 PEPSICO INC MW 3/19/2020 2.625%3/19/2027 1,935,000.00 A+8/2/2022 8/4/2022 1,892,043.00 3.14 1,784,379.60 22160KAM7 COSTCO WHOLESALE CORP MW 5/18/2017 3.000%5/18/2027 3,200,000.00 A+11/21/2022 11/23/2022 3,030,376.96 4.31 2,980,288.00 58933YBC8 MERCK & CO INC MW 12/10/2021 1.700%6/10/2027 3,200,000.00 A+8/2/2022 8/4/2022 2,988,096.00 3.18 2,835,072.00 CORPORATE NOTE SUBTOTAL 128,641,000.00 128,781,498.98 122,445,435.51 Page 4 of 18 Page 132 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 3133ENAL4 FED FARM CREDIT (FFCB)NO 10/12/2021 0.290%10/12/2023 3,500,000.00 AA+1/24/2022 1/25/2022 3,463,997.50 0.90 3,495,030.00 3137EAEY1 FREDDIE MAC (FHLMC)NO 10/16/2020 0.125%10/16/2023 3,000,000.00 AA+1/5/2022 1/6/2022 2,969,049.00 0.71 2,993,850.00 3130ASNW5 FED HOME LN BANK (FHLB)YES 7/27/2022 3.400%10/27/2023 3,750,000.00 AA+7/12/2022 7/27/2022 3,750,000.00 3.40 3,744,675.00 3130APU29 FED HOME LN BANK (FHLB)NO 11/12/2021 0.500%11/9/2023 3,500,000.00 AA+1/5/2022 1/6/2022 3,484,022.50 0.75 3,482,080.00 3130APWH4 FED HOME LN BANK (FHLB)YES 11/24/2021 0.750%11/22/2023 3,500,000.00 AA+1/3/2022 1/4/2022 3,497,186.00 0.79 3,475,955.00 3133ENEX4 FED FARM CREDIT (FFCB)NO 11/24/2021 0.550%11/24/2023 3,000,000.00 AA+1/5/2022 1/6/2022 2,987,194.59 0.78 2,979,300.00 3133ENHR4 FED FARM CREDIT (FFCB)NO 12/20/2021 0.680%12/20/2023 3,000,000.00 AA+1/24/2022 1/25/2022 2,983,080.00 0.98 2,967,990.00 3130ASP29 FED HOME LN BANK (FHLB)YES 7/29/2022 3.250%1/26/2024 4,000,000.00 AA+7/12/2022 7/29/2022 4,000,000.00 3.25 3,971,760.00 3130AQLR2 FED HOME LN BANK (FHLB)YES 2/7/2022 1.000%2/7/2024 2,500,000.00 AA+1/21/2022 2/7/2022 2,497,500.00 1.05 2,460,425.00 3130ASUZ0 FED HOME LN BANK (FHLB)YES 8/23/2022 3.230%2/23/2024 2,500,000.00 AA+8/10/2022 8/23/2022 2,497,500.00 3.30 2,477,800.00 3130AS3H0 FED HOME LN BANK (FHLB)YES 5/26/2022 2.625%2/26/2024 1,600,000.00 AA+5/10/2022 5/26/2022 1,600,000.00 2.63 1,581,744.00 3133ENQX1 FED FARM CREDIT (FFCB)YES 3/8/2022 1.670%3/8/2024 2,500,000.00 AA+3/3/2022 3/8/2022 2,500,000.00 1.67 2,458,625.00 3130AQD34 FED HOME LN BANK (FHLB)YES 12/28/2021 0.820%3/28/2024 3,500,000.00 AA+12/14/2021 12/28/2021 3,500,000.00 0.82 3,420,725.00 3130ARJJ1 FED HOME LN BANK (FHLB)YES 4/25/2022 2.500%4/25/2024 2,720,000.00 AA+3/25/2022 4/25/2022 2,720,000.00 2.50 2,673,270.40 3134GWJ64 FREDDIE MAC (FHLMC)YES 9/10/2020 0.400%6/10/2024 1,950,000.00 Aaa 12/16/2021 12/17/2021 1,929,720.00 0.82 1,881,516.00 3135GA5Y3 FANNIE MAE (FNMA)YES 12/14/2020 0.375%6/14/2024 2,140,000.00 AA+12/14/2021 12/15/2021 2,115,197.85 0.85 2,063,259.60 3130AQAH6 FED HOME LN BANK (FHLB)YES 12/28/2021 1.000%6/28/2024 4,000,000.00 AA+12/3/2021 12/28/2021 4,000,000.00 1.00 3,867,200.00 3133ELQ56 FED FARM CREDIT (FFCB)YES 7/2/2020 0.570%7/2/2024 3,000,000.00 AA+12/16/2021 12/17/2021 2,981,100.00 0.82 2,889,540.00 3130AP7D1 FED HOME LN BANK (FHLB)YES 10/19/2021 0.450%7/19/2024 2,090,000.00 AA+12/16/2021 12/17/2021 2,067,741.50 0.87 2,006,462.70 3130AQL68 FED HOME LN BANK (FHLB)YES 1/26/2022 1.080%7/26/2024 3,200,000.00 AA+1/6/2022 1/26/2022 3,200,000.00 1.08 3,085,280.00 3130APQX6 FED HOME LN BANK (FHLB)YES 11/23/2021 0.940%8/23/2024 2,300,000.00 AA+10/28/2021 11/23/2021 2,300,000.00 0.94 2,207,402.00 3130AS3U1 FED HOME LN BANK (FHLB)YES 5/26/2022 3.000%8/26/2024 3,000,000.00 AA+5/11/2022 5/26/2022 3,000,000.00 3.00 2,932,200.00 3130APYH2 FED HOME LN BANK (FHLB)YES 12/16/2021 1.000%9/16/2024 4,000,000.00 AA+11/17/2021 12/16/2021 4,000,000.00 1.00 3,829,600.00 3130AQ4Q3 FED HOME LN BANK (FHLB)YES 12/23/2021 1.000%9/23/2024 3,000,000.00 AA+12/1/2021 12/23/2021 3,000,000.00 1.00 2,869,830.00 31422BMD9 FARMER MAC (FAMCA)NO 9/26/2019 1.740%9/26/2024 4,000,000.00 NR 10/28/2019 10/31/2019 3,997,528.13 1.75 3,855,160.00 3130AQD59 FED HOME LN BANK (FHLB)YES 12/30/2021 1.000%9/30/2024 3,200,000.00 AA+12/23/2021 12/30/2021 3,200,000.00 1.00 3,059,008.00 3133EGYR0 FED FARM CREDIT (FFCB)NO 10/17/2016 1.820%10/17/2024 1,000,000.00 AA+2/5/2020 2/6/2020 1,013,630.00 1.52 963,580.00 3130AQHL0 FED HOME LN BANK (FHLB)YES 1/25/2022 1.050%10/25/2024 3,500,000.00 AA+1/20/2022 1/25/2022 3,481,819.66 1.24 3,338,055.00 3133EK4Y9 FED FARM CREDIT (FFCB)NO 11/1/2019 1.650%11/1/2024 3,000,000.00 AA+2/6/2020 2/7/2020 3,017,700.00 1.52 2,882,160.00 3130APQM0 FED HOME LN BANK (FHLB)YES 11/18/2021 1.000%11/18/2024 2,300,000.00 AA+10/28/2021 11/18/2021 2,300,000.00 1.00 2,186,265.00 3130AQ3B7 FED HOME LN BANK (FHLB)YES 11/30/2021 1.000%11/25/2024 1,000,000.00 AA+12/14/2021 12/15/2021 1,000,368.28 0.99 949,820.00 3133EN4N7 FED FARM CREDIT (FFCB)NO 12/20/2022 4.250%12/20/2024 1,200,000.00 AA+12/28/2022 12/29/2022 1,194,984.00 4.47 1,183,500.00 3133ENKS8 FED FARM CREDIT (FFCB)NO 1/11/2022 1.125%1/6/2025 1,500,000.00 AA+1/10/2022 1/11/2022 1,496,925.00 1.20 1,422,960.00 3130A4CH3 FED HOME LN BANK (FHLB)NO 2/17/2015 2.375%3/14/2025 3,000,000.00 AA+12/17/2021 12/20/2021 3,137,340.00 0.93 2,877,450.00 3130ARA35 FED HOME LN BANK (FHLB)YES 3/24/2022 2.000%3/24/2025 3,000,000.00 AA+3/2/2022 3/24/2022 3,000,000.00 2.00 2,852,880.00 3130ANX96 FED HOME LN BANK (FHLB)YES 9/28/2021 0.600%3/28/2025 3,500,000.00 AA+12/15/2021 12/16/2021 3,447,500.00 1.07 3,257,975.00 3130ARJP7 FED HOME LN BANK (FHLB)YES 4/21/2022 2.670%4/21/2025 2,500,000.00 AA+3/25/2022 4/21/2022 2,500,000.00 2.67 2,397,150.00 3130APKK0 FED HOME LN BANK (FHLB)YES 10/28/2021 0.850%4/28/2025 1,730,000.00 AA+10/15/2021 10/28/2021 1,730,000.00 0.85 1,611,460.40 3130APXP5 FED HOME LN BANK (FHLB)YES 11/23/2021 1.150%5/23/2025 3,000,000.00 AA+11/17/2021 11/23/2021 3,000,000.00 1.15 2,801,460.00 3130ASG86 FED HOME LN BANK (FHLB)NO 6/15/2022 3.375%6/13/2025 2,500,000.00 AA+8/1/2022 8/2/2022 2,536,625.00 2.84 2,424,300.00 3135G04Z3 FANNIE MAE (FNMA)NO 6/19/2020 0.500%6/17/2025 4,000,000.00 AA+12/27/2021 12/28/2021 3,921,600.00 1.08 3,699,280.00 3133ENHW3 FED FARM CREDIT (FFCB)YES 12/23/2021 1.170%6/23/2025 3,000,000.00 AA+12/14/2021 12/23/2021 3,000,000.00 1.17 2,793,990.00 3130APK38 FED HOME LN BANK (FHLB)YES 10/27/2021 0.875%6/27/2025 3,500,000.00 AA+1/6/2022 1/7/2022 3,459,774.50 1.21 3,241,700.00 3130AQ5S8 FED HOME LN BANK (FHLB)YES 12/30/2021 1.250%6/30/2025 3,500,000.00 AA+12/1/2021 12/30/2021 3,500,000.00 1.25 3,262,350.00 3130AQGV9 FED HOME LN BANK (FHLB)YES 1/18/2022 1.200%7/18/2025 3,500,000.00 AA+12/29/2021 1/18/2022 3,500,000.00 1.20 3,253,985.00 3130AQHV8 FED HOME LN BANK (FHLB)YES 1/25/2022 1.250%7/25/2025 3,000,000.00 AA+1/6/2022 1/25/2022 3,000,000.00 1.25 2,790,060.00 3135G05X7 FANNIE MAE (FNMA)NO 8/27/2020 0.375%8/25/2025 4,000,000.00 AA+11/17/2021 11/18/2021 3,899,720.00 1.06 3,659,040.00 3130AP3F0 FED HOME LN BANK (FHLB)YES 9/29/2021 0.700%8/29/2025 4,000,000.00 AA+1/6/2022 1/7/2022 3,911,796.91 1.32 3,670,200.00 3130A8ZQ9 FED HOME LN BANK (FHLB)NO 8/9/2016 1.750%9/12/2025 4,000,000.00 AA+11/30/2021 12/1/2021 4,104,240.00 1.05 3,753,880.00 Page 5 of 18 Page 133 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 3134GWUG9 FREDDIE MAC (FHLMC)YES 9/24/2020 0.570%9/24/2025 4,000,000.00 Aaa 12/27/2021 12/28/2021 3,910,000.00 1.19 3,651,360.00 3130ARGJ4 FED HOME LN BANK (FHLB)YES 4/14/2022 2.500%10/14/2025 3,500,000.00 AA+3/22/2022 4/14/2022 3,500,000.00 2.50 3,329,130.00 3133ENUZ1 FED FARM CREDIT (FFCB)YES 4/20/2022 3.090%10/20/2025 3,200,000.00 AA+5/5/2022 5/6/2022 3,183,877.34 3.25 3,064,256.00 3130ARLT6 FED HOME LN BANK (FHLB)YES 4/29/2022 3.100%10/29/2025 3,500,000.00 AA+3/30/2022 4/29/2022 3,500,000.00 3.10 3,350,585.00 3135G06G3 FANNIE MAE (FNMA)NO 11/12/2020 0.500%11/7/2025 3,500,000.00 AA+12/8/2021 12/9/2021 3,408,615.00 1.19 3,183,110.00 3133ENEG1 FED FARM CREDIT (FFCB)NO 11/17/2021 1.050%11/17/2025 2,030,000.00 AA+11/17/2021 11/18/2021 2,028,802.30 1.07 1,864,494.10 3133ENMM9 FED FARM CREDIT (FFCB)NO 1/27/2022 1.440%1/27/2026 3,500,000.00 AA+2/1/2022 2/2/2022 3,485,300.00 1.55 3,224,515.00 3133ENRG7 FED FARM CREDIT (FFCB)YES 3/10/2022 2.220%3/10/2026 3,500,000.00 AA+3/8/2022 3/10/2022 3,498,250.00 2.23 3,260,145.00 3130AWGR5 FED HOME LN BANK (FHLB)NO 6/21/2023 4.375%6/12/2026 5,000,000.00 AA+6/28/2023 6/29/2023 4,989,050.00 4.46 4,930,050.00 3133ENV72 FED FARM CREDIT (FFCB)NO 10/27/2022 40.500%7/27/2026 3,000,000.00 AA+10/24/2022 10/27/2022 2,998,950.00 4.51 2,961,420.00 3133ENH45 FED FARM CREDIT (FFCB)NO 8/24/2022 3.125%8/24/2026 1,666,000.00 AA+9/9/2022 9/12/2022 1,637,861.26 3.59 1,589,563.92 3130ASUB3 FED HOME LN BANK (FHLB)YES 8/25/2022 4.000%8/25/2026 3,500,000.00 AA+7/29/2022 8/25/2022 3,500,000.00 4.00 3,374,770.00 3133EPUW3 FED FARM CREDIT (FFCB)NO 9/1/2023 4.750%9/1/2026 6,000,000.00 AA+9/25/2023 9/26/2023 5,966,280.00 4.96 5,972,700.00 3130AWTQ3 FED HOME LN BANK (FHLB)NO 8/4/2023 4.625%9/11/2026 5,250,000.00 AA+8/30/2023 8/31/2023 5,243,332.50 4.67 5,208,892.50 3133EJD55 FED FARM CREDIT (FFCB)NO 9/28/2018 3.300%9/28/2026 1,000,000.00 AA+9/28/2022 9/29/2022 968,590.00 4.16 955,140.00 3130ARHY0 FED HOME LN BANK (FHLB)YES 4/21/2022 3.000%10/21/2026 3,750,000.00 AA+3/24/2022 4/21/2022 3,750,000.00 3.00 3,522,375.00 3130APRK3 FED HOME LN BANK (FHLB)YES 11/23/2021 1.430%11/23/2026 2,600,000.00 AA+2/28/2022 3/1/2022 2,541,500.00 1.93 2,324,816.00 3130ATVE4 FED HOME LN BANK (FHLB)NO 11/7/2022 4.500%12/11/2026 1,650,000.00 AA+11/29/2022 12/1/2022 1,675,007.40 4.09 1,633,401.00 3133ENL99 FED FARM CREDIT (FFCB)NO 9/15/2022 3.375%9/15/2027 3,500,000.00 AA+9/8/2022 9/15/2022 3,487,890.00 3.45 3,319,890.00 3133ENW63 FED FARM CREDIT (FFCB)NO 10/27/2022 4.375%10/27/2027 3,500,000.00 AA+10/24/2022 10/27/2022 3,498,460.00 4.38 3,444,665.00 3133EPUN3 FED FARM CREDIT (FFCB)NO 8/28/2023 4.500%8/28/2028 5,250,000.00 AA+8/30/2023 8/31/2023 5,281,920.00 4.36 5,183,010.00 FEDERAL AGENCY BOND/NOTE SUBTOTAL 216,076,000.00 215,448,526.22 207,351,476.62 912797HC4 U.S. TREASURY NOTE NO 6/27/2023 5.208%10/24/2023 6,000,000.00 A-1+6/29/2023 6/30/2023 5,899,321.67 5.39 5,980,680.00 91282CDD0 U.S. TREASURY NOTE NO 11/1/2021 0.375%10/31/2023 3,500,000.00 A-1+1/5/2022 1/6/2022 3,477,819.06 0.73 3,486,280.00 912797FJ1 U.S. TREASURY NOTE NO 5/11/2023 5.180%11/9/2023 7,500,000.00 A-1+6/28/2023 6/29/2023 7,356,484.69 5.37 7,458,150.00 912797FJ1 U.S. TREASURY NOTE NO 5/11/2023 5.269%11/9/2023 11,000,000.00 A-1+8/25/2023 8/28/2023 10,882,472.03 5.42 10,938,620.00 912828WE6 U.S. TREASURY NOTE NO 11/15/2013 2.750%11/15/2023 3,000,000.00 A-1+1/21/2022 1/24/2022 3,097,970.79 0.92 2,990,160.00 91282CDM0 U.S. TREASURY NOTE NO 11/30/2021 0.500%11/30/2023 3,000,000.00 A-1+1/21/2022 1/24/2022 2,975,386.56 0.95 2,976,240.00 912797HN0 U.S. TREASURY NOTE NO 8/8/2023 5.285%12/5/2023 11,000,000.00 A-1+8/25/2023 8/28/2023 10,840,128.75 5.45 10,896,270.00 912797FV4 U.S. TREASURY NOTE NO 6/22/2023 5.210%12/21/2023 7,500,000.00 A-1+6/28/2023 6/29/2023 7,310,052.08 5.43 7,411,500.00 912797GC5 U.S. TREASURY NOTE NO 7/13/2023 5.274%1/11/2024 11,000,000.00 A-1+8/25/2023 8/28/2023 10,780,856.78 5.47 10,836,430.00 912797GE1 U.S. TREASURY NOTE NO 8/3/2023 5.260%2/1/2024 9,000,000.00 A-1+9/15/2023 9/18/2023 8,821,177.00 5.46 8,838,540.00 912797GQ4 U.S. TREASURY NOTE NO 9/7/2023 5.288%3/7/2024 9,000,000.00 A-1+9/15/2023 9/18/2023 8,773,938.00 5.52 8,791,470.00 91282CFX4 U.S. TREASURY NOTE NO 11/30/2022 4.500%11/30/2024 3,000,000.00 A-1+11/23/2022 11/30/2022 3,001,406.25 4.48 2,969,880.00 912810EV6 U.S. TREASURY NOTE NO 8/15/1995 6.875%8/15/2025 3,000,000.00 A-1+11/28/2022 11/30/2022 3,201,679.69 4.22 3,094,350.00 912810EX2 U.S. TREASURY NOTE NO 8/15/1996 6.750%8/15/2026 3,500,000.00 A-1+11/22/2022 11/23/2022 3,821,152.34 4.07 3,678,290.00 912828V98 U.S. TREASURY NOTE NO 2/15/2017 2.250%2/15/2027 3,200,000.00 A-1+9/20/2023 9/21/2023 2,959,125.00 4.67 2,953,376.00 U.S. TREASURY NOTE SUBTOTAL 94,200,000.00 93,198,970.69 93,300,236.00 13063DDG0 STATE OF CALIFORNIA NO 10/26/2017 2.250%10/1/2023 2,500,000.00 AA-11/30/2018 12/5/2018 2,401,525.00 3.14 2,500,000.00 13063DDG0 STATE OF CALIFORNIA NO 10/26/2017 2.250%10/1/2023 4,000,000.00 AA-10/29/2018 10/31/2018 3,848,480.00 3.09 4,000,000.00 13077DKB7 CALIFORNIA STATE UNIVERSITY MW 2/27/2020 1.557%11/1/2023 400,000.00 AA-2/6/2020 2/27/2020 400,000.00 1.56 398,744.00 057507KL8 BAKERSFIELD SCHOOL DISTRICT NO 3/29/2017 5.500%11/1/2023 335,000.00 A+5/4/2020 5/6/2020 385,524.70 1.08 335,378.55 13063DLZ9 STATE OF CALIFORNIA NO 4/4/2019 3.000%4/1/2024 3,000,000.00 AA-7/26/2019 7/30/2019 3,125,010.00 2.06 2,962,020.00 769036BL7 CITY OF RIVERSIDE PENSN OBLG MW 6/11/2020 2.107%6/1/2024 250,000.00 AA 6/5/2020 6/11/2020 250,000.00 2.11 244,432.50 15276PAV1 CENTRAL UNIFIED SCHOOL DISTRICT NO 6/18/2014 5.000%7/1/2024 795,000.00 AA 4/28/2020 4/30/2020 916,786.05 1.22 802,210.65 799306QK4 SAN RAFAEL ELEM SCH DIST NO 11/13/2019 1.965%8/1/2024 1,200,000.00 AA 11/1/2019 11/13/2019 1,200,000.00 1.97 1,164,876.00 802498UH6 SANTA MONICA-MALIBU USD NO 11/6/2019 1.719%8/1/2024 250,000.00 AA+10/8/2019 11/6/2019 250,000.00 1.72 242,387.50 376087FZ0 GILROY UNIFIED SD NO 10/30/2019 1.833%8/1/2024 500,000.00 AA-10/9/2019 10/31/2019 500,000.00 1.83 484,645.00 542411NJ8 LONG BEACH CCD NO 10/23/2019 1.803%8/1/2024 1,315,000.00 AA 10/9/2019 10/23/2019 1,315,000.00 1.80 1,274,813.60 Page 6 of 18 Page 134 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 189849MG4 COACHELLA VALLEY USD NO 10/17/2019 1.999%8/1/2024 365,000.00 AA 10/9/2019 10/17/2019 365,492.75 1.97 354,272.65 796720MY3 SAN BERNARDINO CCD NO 12/12/2019 2.044%8/1/2024 700,000.00 AA 11/21/2019 12/12/2019 700,000.00 2.04 680,386.00 796720MG2 SAN BERNARDINO CCD NO 12/12/2019 2.044%8/1/2024 1,000,000.00 AA 11/21/2019 12/12/2019 1,000,000.00 2.04 971,980.00 835569GR9 SONOMA CNTY JR COLLEGE DIST NO 11/12/2019 2.061%8/1/2024 1,000,000.00 AA 10/23/2019 11/12/2019 1,000,000.00 2.06 971,490.00 91882RFU1 VAL VERDE UNIFIED SCH DIST NO 6/19/2020 1.654%8/1/2024 215,000.00 AA 6/10/2020 6/19/2020 215,000.00 1.65 207,840.50 671205Y63 OAK GROVE SCHOOL DISTRICT NO 6/25/2020 1.276%8/1/2024 200,000.00 AA 6/12/2020 6/25/2020 200,000.00 1.28 193,048.00 14575TDY5 CARSON REDEV AGY TAB NO 9/3/2020 1.188%8/1/2024 600,000.00 AA 8/12/2020 9/3/2020 600,000.00 1.19 577,332.00 802309NW0 SANTA MARIA JT UHSD SINK 12/14/2021 1.095%8/1/2024 395,000.00 Aa2 12/9/2021 12/14/2021 395,000.00 1.10 380,701.00 801096AS7 SANTA ANA CMNTY REDEV AGY NO 11/8/2018 3.683%9/1/2024 2,000,000.00 AA 1/13/2020 1/17/2020 2,157,220.00 1.90 1,965,800.00 13077DQC9 CALIFORNIA STATE UNIVERSITY MW 7/29/2021 0.563%11/1/2024 450,000.00 AA-7/9/2021 7/29/2021 450,000.00 0.56 426,780.00 63540QAC1 NATIONAL CITY PENSN OBLIG NO 11/16/2021 1.019%11/1/2024 300,000.00 AA-12/3/2021 12/7/2021 299,646.00 1.06 284,889.00 20772KAG4 STATE OF CONNECTICUT NO 12/21/2017 3.230%1/15/2025 1,700,000.00 AA-7/29/2022 8/2/2022 1,708,347.00 3.02 1,652,791.00 13063CQS2 STATE OF CALIFORNIA NO 3/18/2015 4.000%3/1/2025 750,000.00 AA-4/27/2020 4/29/2020 845,032.50 1.29 754,845.00 797679CC9 SAN FRANCISCO CITY/CNTY PORT COMM NO 2/27/2020 1.894%3/1/2025 255,000.00 A 2/13/2020 2/27/2020 255,000.00 1.89 242,178.60 365471AE1 GARDENA PENSN OBLIG MW 11/24/2020 1.702%4/1/2025 250,000.00 AA-11/20/2020 11/24/2020 257,455.00 1.00 235,800.00 735000TM3 PORT OF OAKLAND MW 12/3/2020 1.181%5/1/2025 1,030,000.00 A+11/30/2021 12/2/2021 1,033,471.10 1.08 962,833.70 13079XBT2 CA STWD CMNTY DEV TRANS NO 10/8/2020 1.061%6/1/2025 1,000,000.00 AA 9/23/2020 10/8/2020 1,000,000.00 1.06 925,860.00 68304FAE6 CITY OF ONTARIO CA POB NO 5/21/2020 2.537%6/1/2025 1,000,000.00 AA 5/20/2020 6/5/2020 1,027,770.00 1.95 950,710.00 91412GU94 UNIV OF CALIFORNIA MW 5/18/2017 3.063%7/1/2025 1,600,000.00 AA 12/16/2021 12/20/2021 1,702,096.00 1.21 1,541,840.00 798170AH9 SAN JOSE SUCCESSOR AGY NO 12/21/2017 3.076%8/1/2025 4,675,000.00 AA 11/18/2021 11/22/2021 5,007,345.75 1.11 4,484,119.75 796711G94 CITY OF SAN BERNARDINO USD NO 9/24/2020 1.114%8/1/2025 2,250,000.00 AA 9/11/2020 9/24/2020 2,250,000.00 1.11 2,080,552.50 197036PL4 COLTON UNIFIED SD NO 10/28/2020 1.052%8/1/2025 2,475,000.00 AA 10/15/2020 10/28/2020 2,475,000.00 1.05 2,290,018.50 144393NA9 CARPINTERIA UNIFIED SCH DIST NO 11/18/2020 1.100%8/1/2025 1,210,000.00 AA-10/28/2020 11/18/2020 1,212,758.80 1.05 1,118,584.50 73208PBF7 POMONA PENSION OBLG NO 8/20/2020 4.000%8/1/2025 1,675,000.00 AA-9/14/2020 9/16/2020 1,878,964.75 1.41 1,619,088.50 798135E88 SAN JOSE GEN OBLIG MW 7/25/2019 2.450%9/1/2025 2,275,000.00 AA+12/16/2021 12/20/2021 2,382,768.35 1.16 2,156,175.13 419792ZL3 STATE OF HAWAII MW 10/29/2020 0.852%10/1/2025 2,290,000.00 AA+3/25/2022 3/29/2022 2,146,417.00 2.74 2,097,777.40 13077DML3 CALIFORNIA STATE UNIVERSITY MW 9/17/2020 0.885%11/1/2025 775,000.00 AA-12/13/2021 12/15/2021 763,452.50 1.28 707,799.75 13077DQD7 CALIFORNIA STATE UNIVERSITY MW 7/29/2021 0.862%11/1/2025 2,500,000.00 AA-5/5/2022 5/9/2022 2,295,050.00 3.38 2,282,125.00 13063DMA3 STATE OF CALIFORNIA NO 4/4/2019 2.650%4/1/2026 3,200,000.00 AA-5/5/2022 5/9/2022 3,127,936.00 3.27 3,009,824.00 817409N43 SEQUOIA UHSD NO 2/27/2020 1.831%7/1/2026 2,050,000.00 Aa1 10/26/2022 10/28/2022 1,856,131.50 4.66 1,877,615.50 446222US8 HUNTINGTON BEACH UHSD NO 6/10/2021 1.208%8/1/2026 3,510,000.00 AA-8/1/2022 8/3/2022 3,241,765.80 3.26 3,136,500.90 544351MS5 CITY OF LOS ANGELES NO 7/12/2018 3.500%9/1/2026 1,085,000.00 AA 9/23/2022 9/27/2022 1,053,144.40 4.32 1,037,303.40 20772KEX3 STATE OF CONNECTICUT NO 9/13/2018 3.800%9/15/2026 3,000,000.00 AA-9/14/2022 9/16/2022 2,987,880.00 3.91 2,891,460.00 91412HGF4 UNIV OF CALIFORNIA MW 7/16/2020 1.316%5/15/2027 1,340,000.00 AA 8/30/2022 9/1/2022 1,194,878.00 3.85 1,179,843.20 769036BP8 CITY OF RIVERSIDE PENSN OBLG MW 6/11/2020 2.640%6/1/2027 1,500,000.00 AA 11/3/2022 11/7/2022 1,341,120.00 5.28 1,365,810.00 817409N50 SEQUOIA UHSD NO 2/27/2020 1.951%7/1/2027 2,150,000.00 Aa1 8/30/2022 9/1/2022 1,969,658.00 3.87 1,924,895.00 786318LF0 SADDLEBACK USD NO 12/5/2019 2.400%8/1/2027 1,805,000.00 Aa1 8/10/2022 8/12/2022 1,726,681.05 3.36 1,637,640.40 797272QS3 SAN DIEGO CCD NO 10/16/2019 2.407%8/1/2027 1,300,000.00 AAA 8/4/2022 8/8/2022 1,249,326.00 3.26 1,184,001.00 62451FKL3 MOUNTAIN VIEW-WHISMAN SD NO 5/19/2020 1.912%9/1/2027 970,000.00 AAA 10/13/2022 10/17/2022 844,928.20 4.92 863,561.90 MUNICIPAL BOND SUBTOTAL 71,390,000.00 70,809,062.20 67,635,581.58 45950VRF5 INTL FINANCE CORP (IFC)NO 6/24/2022 2.650%6/24/2024 1,900,000.00 AAA 7/25/2022 7/27/2022 1,883,406.28 3.12 1,856,889.00 4581X0DZ8 INTERAMER DEV (IADB)NO 9/23/2021 0.500%9/23/2024 3,000,000.00 AAA 12/16/2021 12/20/2021 2,969,402.21 0.88 2,854,080.00 459058DX8 INTL BK RECON & DEVELOP (IBRD)NO 11/25/2014 2.500%11/25/2024 3,000,000.00 AAA 3/24/2022 3/28/2022 3,013,112.61 2.33 2,898,720.00 459058EP4 INTL BK RECON & DEVELOP (IBRD)NO 7/29/2015 2.500%7/29/2025 3,500,000.00 AAA 12/13/2021 12/15/2021 3,675,035.00 1.09 3,333,855.00 4581X0CU0 INTERAMER DEV (IADB)NO 6/2/2016 2.000%6/2/2026 3,000,000.00 AAA 8/3/2022 8/5/2022 2,881,139.04 3.11 2,777,040.00 45950KCX6 INTL FINANCE CORP (IFC)NO 9/8/2021 0.750%10/8/2026 4,000,000.00 AAA 1/20/2022 1/24/2022 3,842,373.68 1.62 3,540,280.00 SUPRANATIONAL SUBTOTAL 18,400,000.00 18,264,468.82 17,260,864.00 NEIGHBORHOOD NATIONAL BANK NO 8/15/2024 4,318,646.30 8/18/2022 4,318,646.30 1.92 4,318,646.30 PLACEMENT SERVICE DEPOSITS 4,318,646.30 4,318,646.30 4,318,646.30 Page 7 of 18 Page 135 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Market Values as of:9/30/2023 Current Investments CUSIP Issuer Callable DatedDate Coupon Maturity Par S&P Mdys TradeDate Settlement Date Book Value YTM BNY Market Value 1 LOCAL AGENCY INVESTMENT FUND 7,606,042.30 7,606,042.30 7,501,898.38 SD COUNTY INVESTMENT POOL 23,880,319.05 23,880,319.05 23,073,164.27 POOLED INVESTMENTS SUBTOTAL 31,486,361.35 31,486,361.35 30,575,062.65 MONEY MARKET FUND (BNY MELLON)758,720.79 758,720.79 758,720.79 ALL INVESTMENTS GRAND TOTAL 594,386,728.44 592,139,394.13 572,078,973.81 1 The Market Value for LAIF and San Diego County Investment Pool are calculated using the Market Value/Fair Value Factor provided by those agencies. Page 8 of 18 Page 136 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Activity for the Quarter Ended September 30, 2023 MATURITY CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate Settlement Date Book Value YTM Jul-23 84247PHY0 MUNICIPAL BOND SOUTHERN CA PUBLIC POWER AUTH 3/26/2014 3.458%7/1/2023 3,960,000.00 AA-12/12/2018 12/14/2018 4,028,389.20 3.05 17330PSX8 CORPORATE NOTE CITIGROUP GLOBAL MARKETS 7/20/2022 3.750%7/20/2023 3,500,000.00 A 7/12/2022 7/20/2022 3,500,000.00 3.75 06053FAA7 CORPORATE NOTE BANK OF AMERICA CORP 7/23/2013 4.100%7/24/2023 1,255,000.00 A-12/8/2021 12/10/2021 1,322,968.05 0.74 3133ENEY2 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)11/24/2021 0.450%7/24/2023 3,000,000.00 AA+1/21/2022 1/24/2022 2,982,204.90 0.85 69349LAM0 CORPORATE NOTE PNC BANK NA 7/25/2013 3.800%7/25/2023 2,525,000.00 A-12/22/2021 12/27/2021 2,633,878.00 0.89 Aug-23 802309NW0 MUNICIPAL BOND SANTA MARIA JT UHSD 12/14/2021 1.095%8/1/2023 5,000.00 Aa2 12/9/2021 12/14/2021 5,000.00 1.10 365298Y44 MUNICIPAL BOND GARDEN GROVE UNIFIED SD 10/16/2019 1.926%8/1/2023 245,000.00 AA-9/25/2019 10/16/2019 245,000.00 1.93 738850SW7 MUNICIPAL BOND POWAY UNIFIED SCHOOL DIST 10/16/2019 1.992%8/1/2023 1,000,000.00 AA-9/27/2019 10/16/2019 1,000,000.00 1.99 189849MF6 MUNICIPAL BOND COACHELLA VALLEY USD 10/17/2019 1.899%8/1/2023 555,000.00 AA 10/4/2019 10/17/2019 555,000.00 1.90 799306QJ7 MUNICIPAL BOND SAN RAFAEL ELEM SCH DIST 11/13/2019 1.865%8/1/2023 980,000.00 AA 11/1/2019 11/13/2019 980,000.00 1.87 9523472D3 MUNICIPAL BOND WEST CONTRA COSTA USD 5/12/2020 1.569%8/1/2023 500,000.00 AA-5/5/2020 5/12/2020 500,000.00 1.57 73208PBD2 MUNICIPAL BOND POMONA PENSION OBLG 8/20/2020 4.000%8/1/2023 500,000.00 AA-10/15/2020 10/19/2020 541,065.00 1.00 3133EKZK5 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)8/14/2019 1.600%8/14/2023 2,719,000.00 AA+8/21/2019 8/22/2019 2,728,063.74 1.51 30886WAB1 CERTIFICATE OF DEPOSIT FARMERS & MERCH SVGS BK 8/15/2019 1.950%8/15/2023 249,000.00 NA 8/1/2019 8/15/2019 249,000.00 1.95 06406FAD5 CORPORATE NOTE BANK OF NEW YORK MELLON CORP 8/16/2016 2.200%8/16/2023 3,000,000.00 A 12/22/2021 12/27/2021 3,066,220.51 0.84 63970QFT8 CERTIFICATE OF DEPOSIT NEBRASKALAND NATIONAL BANK 8/22/2019 1.750%8/22/2023 248,000.00 NA 8/12/2019 8/22/2019 248,000.00 1.75 33766LAH1 CERTIFICATE OF DEPOSIT FIRSTIER BANK 8/23/2019 1.900%8/23/2023 249,000.00 NA 8/8/2019 8/23/2019 249,000.00 1.90 02519TAW6 CERTIFICATE OF DEPOSIT AMERICAN COMMERCE BANK 8/23/2019 1.750%8/23/2023 249,000.00 NA 8/12/2019 8/23/2019 249,000.00 1.75 15118RRF6 CERTIFICATE OF DEPOSIT CELTIC BANK 8/30/2019 1.800%8/30/2023 249,000.00 NA 8/12/2019 8/30/2019 249,000.00 1.80 89236THA6 CORPORATE NOTE TOYOTA MOTOR CORP 5/26/2020 1.350%8/25/2023 2,500,000.00 A+12/29/2021 12/31/2021 2,523,100.00 0.79 Sep-23 375558BL6 CORPORATE NOTE GILEAD SCIENCES 9/20/2016 2.500%9/1/2023 3,092,000.00 BBB+6/3/2019 6/5/2019 3,086,640.60 2.54 33648RAZ2 CERTIFICATE OF DEPOSIT FIRST ST BANK BUXTON 9/5/2019 1.650%9/5/2023 249,000.00 NA 8/27/2019 9/5/2019 249,000.00 1.65 634116CU9 CERTIFICATE OF DEPOSIT NATIONAL BANK OF NY CITY 9/10/2019 1.700%9/8/2023 249,000.00 NA 8/27/2019 9/10/2019 249,000.00 1.70 02665WDM0 CORPORATE NOTE AMERICAN HONDA FINANCE 9/10/2020 0.650%9/8/2023 3,000,000.00 A-12/8/2021 12/10/2021 2,990,803.11 0.83 912797GS0 U.S. TREASURY NOTE U.S. TREASURY NOTE 5/16/2023 5.261%9/12/2023 16,340,000.00 A-1+7/28/2023 7/31/2023 16,237,329.65 5.38 00257TBG0 CERTIFICATE OF DEPOSIT ABACUS FEDERAL SVGS BANK 9/12/2019 1.700%9/12/2023 249,000.00 NA 8/27/2019 9/12/2019 249,000.00 1.70 912796CR8 U.S. TREASURY NOTE U.S. TREASURY NOTE 3/23/2023 5.180%9/21/2023 6,000,000.00 A-1+6/29/2023 6/30/2023 5,928,343.33 5.33 33640VDB1 CERTIFICATE OF DEPOSIT FIRST SERVICE BANK 9/30/2019 1.750%9/29/2023 249,000.00 NA 9/17/2019 9/30/2019 249,000.00 1.75 Total 56,916,000.00 BUY CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate Settlement Date Book Value YTM Jul-23 912797GS0 U.S. TREASURY NOTE U.S. TREASURY NOTE 5/16/2023 5.261%9/12/2023 16,340,000.00 A-1+7/28/2023 7/31/2023 16,237,329.65 5.38 Page 9 of 18 Page 137 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda BUY CUSIP SecurityTypeDesc Issuer DatedDate Coupon Maturity Par Rating TradeDate Settlement Date Book Value YTM Aug-23 62479MXT5 COMMERCIAL PAPER MUFG BK LTD N Y 6/29/2023 5.420%10/27/2023 5,000,000.00 A-1 8/25/2023 8/28/2023 4,954,833.33 5.47 912797FJ1 U.S. TREASURY NOTE U.S. TREASURY NOTE 5/11/2023 5.269%11/9/2023 11,000,000.00 A-1+8/25/2023 8/28/2023 10,882,472.03 5.42 912797HN0 U.S. TREASURY NOTE U.S. TREASURY NOTE 8/8/2023 5.285%12/5/2023 11,000,000.00 A-1+8/25/2023 8/28/2023 10,840,128.75 5.45 912797GC5 U.S. TREASURY NOTE U.S. TREASURY NOTE 7/13/2023 5.274%1/11/2024 11,000,000.00 A-1+8/25/2023 8/28/2023 10,780,856.78 5.47 89115BYQ7 CERTIFICATE OF DEPOSIT TORONTO DOMINION BK N Y 8/28/2023 5.910%5/21/2024 5,000,000.00 A-1+8/25/2023 8/28/2023 5,000,000.00 5.91 3130AWTQ3 FEDERAL AGENCY BOND FED HOME LN BANK (FHLB)8/4/2023 4.625%9/11/2026 5,250,000.00 AA+8/30/2023 8/31/2023 5,243,332.50 4.67 3133EPUN3 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)8/28/2023 4.500%8/28/2028 5,250,000.00 AA+8/30/2023 8/31/2023 5,281,920.00 4.36 Sep-23 912797GE1 U.S. TREASURY NOTE U.S. TREASURY NOTE 8/3/2023 5.260%2/1/2024 9,000,000.00 A-1+9/15/2023 9/18/2023 8,821,177.00 5.46 912797GQ4 U.S. TREASURY NOTE U.S. TREASURY NOTE 9/7/2023 5.288%3/7/2024 9,000,000.00 A-1+9/15/2023 9/18/2023 8,773,938.00 5.52 912828V98 U.S. TREASURY NOTE U.S. TREASURY NOTE 2/15/2017 2.250%2/15/2027 3,200,000.00 AA+9/20/2023 9/21/2023 2,959,125.00 4.67 61746BEF9 CORPORATE NOTE MORGAN STANLEY 1/20/2017 3.625%1/20/2027 2,500,000.00 A-9/20/2023 9/22/2023 2,350,375.00 5.62 46647PBA3 CORPORATE NOTE JPMORGAN CHASE & CO 1/29/2019 3.960%1/29/2027 2,500,000.00 A-9/20/2023 9/22/2023 2,396,750.00 5.86 3133EPUW3 FEDERAL AGENCY BOND FED FARM CREDIT (FFCB)9/1/2023 4.750%9/1/2026 6,000,000.00 AA+9/25/2023 9/26/2023 5,966,280.00 4.96 Total 102,040,000.00 Page 10 of 18 Page 138 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Today's Date:9/30/2023 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years ASSET-BACKED SECURITY -$ -$ -$ -$ -$ -$ COMENITY CAPITAL 249,000.00 10/30/2023 30 249,000.00$ -$ -$ -$ -$ -$ GOLDMAN SACHS 245,000.00 10/31/2023 31 245,000.00$ -$ -$ -$ -$ -$ UBS BANK USA 249,000.00 11/7/2023 38 249,000.00$ -$ -$ -$ -$ -$ BARCLAYS BANK 245,000.00 11/7/2023 38 245,000.00$ -$ -$ -$ -$ -$ MORGAN STANLEY 245,000.00 11/8/2023 39 245,000.00$ -$ -$ -$ -$ -$ CITIBANK NA 245,000.00 11/9/2023 40 245,000.00$ -$ -$ -$ -$ -$ WELLS FARGO BANK NA 249,000.00 11/9/2023 40 249,000.00$ -$ -$ -$ -$ -$ COMMERCIAL BANK HARROGATE 249,000.00 11/15/2023 46 249,000.00$ -$ -$ -$ -$ -$ BANK OF NEW ENGLAND 249,000.00 11/20/2023 51 249,000.00$ -$ -$ -$ -$ -$ BANK OF BARODA 245,000.00 11/30/2023 61 245,000.00$ -$ -$ -$ -$ -$ MARLIN BUSINESS BANK 249,000.00 12/4/2023 65 249,000.00$ -$ -$ -$ -$ -$ BAR HARBOR BANK & TRUST 249,000.00 12/29/2023 90 249,000.00$ -$ -$ -$ -$ -$ NAHEOLA CREDIT UNION 248,000.00 1/10/2024 102 248,000.00$ -$ -$ -$ -$ -$ MEDALLION BANK UTAH 249,000.00 2/12/2024 135 249,000.00$ -$ -$ -$ -$ -$ ROLLSTONE BANK & TRUST 247,000.00 2/12/2024 135 247,000.00$ -$ -$ -$ -$ -$ PCSB BANK 249,000.00 2/21/2024 144 249,000.00$ -$ -$ -$ -$ -$ BANK HAPOALIM BM NY 246,000.00 3/25/2024 177 246,000.00$ -$ -$ -$ -$ -$ AXOS BANK 249,000.00 3/26/2024 178 249,000.00$ -$ -$ -$ -$ -$ NICOLET NATIONAL BANK 249,000.00 3/28/2024 180 249,000.00$ -$ -$ -$ -$ -$ LAKESIDE BANK 249,000.00 4/12/2024 195 -$ 249,000.00$ -$ -$ -$ -$ JEFFERSON BANK 249,000.00 4/15/2024 198 -$ 249,000.00$ -$ -$ -$ -$ PACIFIC WESTERN BANK 248,000.00 4/16/2024 199 -$ 248,000.00$ -$ -$ -$ -$ THOMASTON SAVINGS BANK 248,000.00 4/23/2024 206 -$ 248,000.00$ -$ -$ -$ -$ NORTHWEST BANK 249,000.00 4/30/2024 213 -$ 249,000.00$ -$ -$ -$ -$ FIRST FREEDOM BANK 249,000.00 4/30/2024 213 -$ 249,000.00$ -$ -$ -$ -$ UNITED REPUBLIC BANK 249,000.00 5/13/2024 226 -$ 249,000.00$ -$ -$ -$ -$ CAPITAL ONE NA 246,000.00 6/19/2024 263 -$ 246,000.00$ -$ -$ -$ -$ CAPITAL ONE BANK 246,000.00 6/19/2024 263 -$ 246,000.00$ -$ -$ -$ -$ LCA BANK CORPORATION 247,000.00 6/28/2024 272 -$ 247,000.00$ -$ -$ -$ -$ REVERE BANK 247,000.00 6/28/2024 272 -$ 247,000.00$ -$ -$ -$ -$ CENTURY NEXT BANK 249,000.00 7/17/2024 291 -$ 249,000.00$ -$ -$ -$ -$ CF BANK 247,000.00 8/19/2024 324 -$ 247,000.00$ -$ -$ -$ -$ FIRST RESOURCE BANK 249,000.00 8/21/2024 326 -$ 249,000.00$ -$ -$ -$ -$ CALDWELL BANK & TRUST 247,000.00 8/23/2024 328 -$ 247,000.00$ -$ -$ -$ -$ WASHINGTON FEDERAL 249,000.00 8/23/2024 328 -$ 249,000.00$ -$ -$ -$ -$ GENOA BANKING COMPANY 249,000.00 8/28/2024 333 -$ 249,000.00$ -$ -$ -$ -$ MERCHANTS STATE BANK 247,000.00 8/30/2024 335 -$ 247,000.00$ -$ -$ -$ -$ PREFERRED BANK 249,000.00 8/30/2024 335 -$ 249,000.00$ -$ -$ -$ -$ PEOPLES BANK ROCK VALLEY 249,000.00 9/10/2024 346 -$ 249,000.00$ -$ -$ -$ -$ ALMA BANK 249,000.00 9/11/2024 347 -$ 249,000.00$ -$ -$ -$ -$ BANK OF OLD MONROE 249,000.00 9/18/2024 354 -$ 249,000.00$ -$ -$ -$ -$ SPRING BANK 249,000.00 9/19/2024 355 -$ 249,000.00$ -$ -$ -$ -$ ENTERPRISE BANK 247,000.00 9/27/2024 363 -$ 247,000.00$ -$ -$ -$ -$ BANKWEST INC 249,000.00 9/27/2024 363 -$ 249,000.00$ -$ -$ -$ -$ UINTA BANK 247,000.00 10/16/2024 382 -$ -$ 247,000.00$ -$ -$ -$ MUTUALBANK 249,000.00 10/22/2024 388 -$ -$ 249,000.00$ -$ -$ -$ FIRST BANK OF NEBRASKA 249,000.00 10/30/2024 396 -$ -$ 249,000.00$ -$ -$ -$ ENTERPRISE BANK & TRUST 249,000.00 11/8/2024 405 -$ -$ 249,000.00$ -$ -$ -$ TRIAD BANK 249,000.00 11/8/2024 405 -$ -$ 249,000.00$ -$ -$ -$ MAINE SAVINGS FCU 245,000.00 11/8/2024 405 -$ -$ 245,000.00$ -$ -$ -$ COMMERCIAL BANK ALMA MI 249,000.00 11/13/2024 410 -$ -$ 249,000.00$ -$ -$ -$ COMMUNITY STATE BANK IL 249,000.00 12/2/2024 429 -$ -$ 249,000.00$ -$ -$ -$ COMMUNITY BANK TEXAS 249,000.00 12/4/2024 431 -$ -$ 249,000.00$ -$ -$ -$ BANK FORWARD 249,000.00 12/18/2024 445 -$ -$ 249,000.00$ -$ -$ -$ FREEDOM FINANCIAL BANK 249,000.00 2/14/2025 503 -$ -$ 249,000.00$ -$ -$ -$ FIRST NATL BANK MICHIGAN 249,000.00 2/14/2025 503 -$ -$ 249,000.00$ -$ -$ -$ Page 11 of 18 Page 139 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Today's Date:9/30/2023 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years AMERICAN STATE BANK IA 249,000.00 2/21/2025 510 -$ -$ 249,000.00$ -$ -$ -$ BELL BANK CORP 249,000.00 2/27/2025 516 -$ -$ 249,000.00$ -$ -$ -$ AMERICAN EAGLE BANK IL 249,000.00 2/28/2025 517 -$ -$ 249,000.00$ -$ -$ -$ HORIZON BANK WAVERLY NE 249,000.00 2/28/2025 517 -$ -$ 249,000.00$ -$ -$ -$ FNB OF ALBANY 249,000.00 2/28/2025 517 -$ -$ 249,000.00$ -$ -$ -$ IOWA STATE BANK 248,000.00 3/5/2025 522 -$ -$ 248,000.00$ -$ -$ -$ ACCESS BANK OMAHA NE 249,000.00 3/13/2025 530 -$ -$ 249,000.00$ -$ -$ -$ MCHENRY SAVINGS BANK 249,000.00 3/13/2025 530 -$ -$ 249,000.00$ -$ -$ -$ FNB BANK INC/ROMNEY 249,000.00 3/18/2025 535 -$ -$ 249,000.00$ -$ -$ -$ HARDIN COUNTY BANK 249,000.00 3/27/2025 544 -$ -$ 249,000.00$ -$ -$ -$ BANK OF ROMNEY 249,000.00 3/27/2025 544 -$ -$ 249,000.00$ -$ -$ -$ SAN FRANCISCO CREDIT 249,000.00 3/27/2025 544 -$ -$ 249,000.00$ -$ -$ -$ CENTRAL BANK 249,000.00 3/27/2025 544 -$ -$ 249,000.00$ -$ -$ -$ KNOXVILLE TVA EMPL CREDIT 249,000.00 3/31/2025 548 -$ -$ 249,000.00$ -$ -$ -$ CENTERSTATE BANK 248,000.00 3/31/2025 548 -$ -$ 248,000.00$ -$ -$ -$ GOLD COAST BANK 249,000.00 4/15/2025 563 -$ -$ 249,000.00$ -$ -$ -$ SYNCHRONY BANK 248,000.00 4/17/2025 565 -$ -$ 248,000.00$ -$ -$ -$ STATE BANK OF INDIA 248,000.00 4/29/2025 577 -$ -$ 248,000.00$ -$ -$ -$ BELMONT BANK & TRUST 249,000.00 4/30/2025 578 -$ -$ 249,000.00$ -$ -$ -$ M1 BANK 248,000.00 5/8/2025 586 -$ -$ 248,000.00$ -$ -$ -$ ALLIANT CREDIT UNION 249,000.00 12/30/2027 1552 -$ -$ -$ -$ -$ 249,000.00$ TORONTO DOMINION BK N Y 5,000,000.00 5/21/2024 234 -$ 5,000,000.00$ -$ -$ -$ -$ CERTIFICATE OF DEPOSIT 4,705,000.00$ 11,205,000.00$ 7,957,000.00$ -$ -$ 249,000.00$ MUFG BK LTD N Y 5,000,000.00 10/27/2023 27 5,000,000.00$ -$ -$ -$ -$ -$ COMMERCIAL PAPER 5,000,000.00$ -$ -$ -$ -$ -$ CUMMINS INC 3,500,000.00 10/1/2023 1 3,500,000.00$ -$ -$ -$ -$ -$ CATERPILLAR FINL 3,700,000.00 12/7/2023 68 3,700,000.00$ -$ -$ -$ -$ -$ JOHN DEERE CAPITAL CORP 3,000,000.00 3/7/2024 159 3,000,000.00$ -$ -$ -$ -$ -$ UNILEVER CAPITAL 1,500,000.00 5/5/2024 218 -$ 1,500,000.00$ -$ -$ -$ -$ UNILEVER CAPITAL 2,000,000.00 5/5/2024 218 -$ 2,000,000.00$ -$ -$ -$ -$ APPLE INC 250,000.00 5/6/2024 219 -$ 250,000.00$ -$ -$ -$ -$ APPLE INC 650,000.00 5/11/2024 224 -$ 650,000.00$ -$ -$ -$ -$ TEXAS INSTRUMENTS 1,000,000.00 5/15/2024 228 -$ 1,000,000.00$ -$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 600,000.00 5/15/2024 228 -$ 600,000.00$ -$ -$ -$ -$ IBM CORP 3,000,000.00 5/15/2024 228 -$ 3,000,000.00$ -$ -$ -$ -$ ASTRAZENECA FINANCE LLC 2,500,000.00 5/28/2024 241 -$ 2,500,000.00$ -$ -$ -$ -$ ONCOR ELECTRIC DELIVERY 475,000.00 6/1/2024 245 -$ 475,000.00$ -$ -$ -$ -$ HORMEL FOODS CORP 3,000,000.00 6/3/2024 247 -$ 3,000,000.00$ -$ -$ -$ -$ WALMART INC 3,900,000.00 7/8/2024 282 -$ 3,900,000.00$ -$ -$ -$ -$ SALESFORCE.COM INC 450,000.00 7/15/2024 289 -$ 450,000.00$ -$ -$ -$ -$ UNITED HEALTH 3,000,000.00 8/15/2024 320 -$ 3,000,000.00$ -$ -$ -$ -$ EXXON MOBIL CO 1,000,000.00 8/16/2024 321 -$ 1,000,000.00$ -$ -$ -$ -$ AMAZON.COM INC 226,000.00 8/22/2024 327 -$ 226,000.00$ -$ -$ -$ -$ BURLINGTON NORTH SANTA FE 1,000,000.00 9/1/2024 337 -$ 1,000,000.00$ -$ -$ -$ -$ BURLINGTON NORTH SANTA FE 3,000,000.00 9/1/2024 337 -$ 3,000,000.00$ -$ -$ -$ -$ COCA-COLA CO 3,200,000.00 9/6/2024 342 -$ 3,200,000.00$ -$ -$ -$ -$ PAYPAL HOLDING 950,000.00 10/1/2024 367 -$ -$ 950,000.00$ -$ -$ -$ BANK OF NEW YORK MELLON CORP 1,000,000.00 10/24/2024 390 -$ -$ 1,000,000.00$ -$ -$ -$ CATERPILLAR FINL 3,000,000.00 11/8/2024 405 -$ -$ 3,000,000.00$ -$ -$ -$ HERSHEY COMPANY 677,000.00 11/15/2024 412 -$ -$ 677,000.00$ -$ -$ -$ ADOBE SYSTEMS INC 2,595,000.00 2/1/2025 490 -$ -$ 2,595,000.00$ -$ -$ -$ PACCAR FINANCIAL 1,000,000.00 2/6/2025 495 -$ -$ 1,000,000.00$ -$ -$ -$ TOYOTA MOTOR CORP 1,000,000.00 2/13/2025 502 -$ -$ 1,000,000.00$ -$ -$ -$ 3M COMPANY 2,500,000.00 2/14/2025 503 -$ -$ 2,500,000.00$ -$ -$ -$ WW GRAINGER INC 580,000.00 2/15/2025 504 -$ -$ 580,000.00$ -$ -$ -$ JOHN DEERE CAPITAL CORP 1,250,000.00 3/13/2025 530 -$ -$ 1,250,000.00$ -$ -$ -$ INTEL CORP 2,001,000.00 3/25/2025 542 -$ -$ 2,001,000.00$ -$ -$ -$ Page 12 of 18 Page 140 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Today's Date:9/30/2023 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years AMAZON.COM INC 3,000,000.00 4/13/2025 561 -$ -$ 3,000,000.00$ -$ -$ -$ TARGET CORP 3,000,000.00 4/15/2025 563 -$ -$ 3,000,000.00$ -$ -$ -$ APPLE INC 1,131,000.00 5/11/2025 589 -$ -$ 1,131,000.00$ -$ -$ -$ HONEYWELL INTERNATIONAL 3,000,000.00 6/1/2025 610 -$ -$ 3,000,000.00$ -$ -$ -$ AMAZON.COM INC 1,678,000.00 6/3/2025 612 -$ -$ 1,678,000.00$ -$ -$ -$ JP MORGAN CHASE 2,000,000.00 7/15/2025 654 -$ -$ 2,000,000.00$ -$ -$ -$ PACCAR FINANCIAL 2,300,000.00 8/11/2025 681 -$ -$ 2,300,000.00$ -$ -$ -$ STATE STREET CORP 1,600,000.00 8/18/2025 688 -$ -$ 1,600,000.00$ -$ -$ -$ CUMMINS INC 743,000.00 9/1/2025 702 -$ -$ 743,000.00$ -$ -$ -$ CUMMINS INC 2,257,000.00 9/1/2025 702 -$ -$ 2,257,000.00$ -$ -$ -$ HOME DEPOT INC 3,200,000.00 9/15/2025 716 -$ -$ 3,200,000.00$ -$ -$ -$ TOYOTA MOTOR CORP 3,000,000.00 10/16/2025 747 -$ -$ -$ 3,000,000.00$ -$ -$ VISA INC 2,500,000.00 12/14/2025 806 -$ -$ -$ 2,500,000.00$ -$ -$ PEPSICO INC 1,872,000.00 2/24/2026 878 -$ -$ -$ 1,872,000.00$ -$ -$ CISCO SYSTEMS 3,500,000.00 2/28/2026 882 -$ -$ -$ 3,500,000.00$ -$ -$ TARGET CORP 1,850,000.00 4/15/2026 928 -$ -$ -$ 1,850,000.00$ -$ -$ TARGET CORP 1,901,000.00 4/15/2026 928 -$ -$ -$ 1,901,000.00$ -$ -$ PACCAR FINANCIAL 3,000,000.00 5/11/2026 954 -$ -$ -$ 3,000,000.00$ -$ -$ INTEL CORP 2,374,000.00 5/19/2026 962 -$ -$ -$ 2,374,000.00$ -$ -$ WALMART INC 1,900,000.00 7/8/2026 1012 -$ -$ -$ 1,900,000.00$ -$ -$ CISCO SYSTEMS 1,150,000.00 9/20/2026 1086 -$ -$ -$ 1,150,000.00$ -$ -$ HONEYWELL INTERNATIONAL 1,185,000.00 11/1/2026 1128 -$ -$ -$ -$ 1,185,000.00$ -$ NIKE INC 1,035,000.00 11/1/2026 1128 -$ -$ -$ -$ 1,035,000.00$ -$ ILLINOIS TOOL WORKS INC 1,421,000.00 11/15/2026 1142 -$ -$ -$ -$ 1,421,000.00$ -$ ABBOTT LABORATORIES 1,000,000.00 11/30/2026 1157 -$ -$ -$ -$ 1,000,000.00$ -$ MORGAN STANLEY 2,500,000.00 1/20/2027 1208 -$ -$ -$ -$ 2,500,000.00$ -$ JPMORGAN CHASE & CO 2,500,000.00 1/29/2027 1217 -$ -$ -$ -$ 2,500,000.00$ -$ BANK OF AMERICA CORP 4,000,000.00 3/2/2027 1249 -$ -$ -$ -$ 4,000,000.00$ -$ CHARLES SCHWAB CORP 2,205,000.00 3/3/2027 1250 -$ -$ -$ -$ 2,205,000.00$ -$ PEPSICO INC 1,935,000.00 3/19/2027 1266 -$ -$ -$ -$ 1,935,000.00$ -$ COSTCO WHOLESALE CORP 3,200,000.00 5/18/2027 1326 -$ -$ -$ -$ 3,200,000.00$ -$ MERCK & CO INC 3,200,000.00 6/10/2027 1349 -$ -$ -$ -$ 3,200,000.00$ -$ CORPORATE NOTE 10,200,000.00$ 30,751,000.00$ 40,462,000.00$ 23,047,000.00$ 24,181,000.00$ -$ FED FARM CREDIT (FFCB)3,500,000.00 10/12/2023 12 3,500,000.00$ -$ -$ -$ -$ -$ FREDDIE MAC (FHLMC)3,000,000.00 10/16/2023 16 3,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,750,000.00 10/27/2023 27 3,750,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 11/9/2023 40 3,500,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 11/22/2023 53 3,500,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 11/24/2023 55 3,000,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 12/20/2023 81 3,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 1/26/2024 118 4,000,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 2/7/2024 130 2,500,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 2/23/2024 146 2,500,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)1,600,000.00 2/26/2024 149 1,600,000.00$ -$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)2,500,000.00 3/8/2024 160 2,500,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 3/28/2024 180 3,500,000.00$ -$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)2,720,000.00 4/25/2024 208 -$ 2,720,000.00$ -$ -$ -$ -$ FREDDIE MAC (FHLMC)1,950,000.00 6/10/2024 254 -$ 1,950,000.00$ -$ -$ -$ -$ FANNIE MAE (FNMA)2,140,000.00 6/14/2024 258 -$ 2,140,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 6/28/2024 272 -$ 4,000,000.00$ -$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 7/2/2024 276 -$ 3,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)2,090,000.00 7/19/2024 293 -$ 2,090,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,200,000.00 7/26/2024 300 -$ 3,200,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)2,300,000.00 8/23/2024 328 -$ 2,300,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 8/26/2024 331 -$ 3,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 9/16/2024 352 -$ 4,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 9/23/2024 359 -$ 3,000,000.00$ -$ -$ -$ -$ Page 13 of 18 Page 141 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Today's Date:9/30/2023 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years FARMER MAC (FAMCA)4,000,000.00 9/26/2024 362 -$ 4,000,000.00$ -$ -$ -$ -$ FED HOME LN BANK (FHLB)3,200,000.00 9/30/2024 366 -$ -$ 3,200,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)1,000,000.00 10/17/2024 383 -$ -$ 1,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 10/25/2024 391 -$ -$ 3,500,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 11/1/2024 398 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,300,000.00 11/18/2024 415 -$ -$ 2,300,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)1,000,000.00 11/25/2024 422 -$ -$ 1,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)1,200,000.00 12/20/2024 447 -$ -$ 1,200,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)1,500,000.00 1/6/2025 464 -$ -$ 1,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 3/14/2025 531 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 3/24/2025 541 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 3/28/2025 545 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 4/21/2025 569 -$ -$ 2,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)1,730,000.00 4/28/2025 576 -$ -$ 1,730,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 5/23/2025 601 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)2,500,000.00 6/13/2025 622 -$ -$ 2,500,000.00$ -$ -$ -$ FANNIE MAE (FNMA)4,000,000.00 6/17/2025 626 -$ -$ 4,000,000.00$ -$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 6/23/2025 632 -$ -$ 3,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 6/27/2025 636 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 6/30/2025 639 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 7/18/2025 657 -$ -$ 3,500,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,000,000.00 7/25/2025 664 -$ -$ 3,000,000.00$ -$ -$ -$ FANNIE MAE (FNMA)4,000,000.00 8/25/2025 695 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 8/29/2025 699 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)4,000,000.00 9/12/2025 713 -$ -$ 4,000,000.00$ -$ -$ -$ FREDDIE MAC (FHLMC)4,000,000.00 9/24/2025 725 -$ -$ 4,000,000.00$ -$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 10/14/2025 745 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,200,000.00 10/20/2025 751 -$ -$ -$ 3,200,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 10/29/2025 760 -$ -$ -$ 3,500,000.00$ -$ -$ FANNIE MAE (FNMA)3,500,000.00 11/7/2025 769 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB)2,030,000.00 11/17/2025 779 -$ -$ -$ 2,030,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,500,000.00 1/27/2026 850 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,500,000.00 3/10/2026 892 -$ -$ -$ 3,500,000.00$ -$ -$ FED HOME LN BANK (FHLB)5,000,000.00 6/12/2026 986 -$ -$ -$ 5,000,000.00$ -$ -$ FED FARM CREDIT (FFCB)3,000,000.00 7/27/2026 1031 -$ -$ -$ 3,000,000.00$ -$ -$ FED FARM CREDIT (FFCB)1,666,000.00 8/24/2026 1059 -$ -$ -$ 1,666,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,500,000.00 8/25/2026 1060 -$ -$ -$ 3,500,000.00$ -$ -$ FED FARM CREDIT (FFCB)6,000,000.00 9/1/2026 1067 -$ -$ -$ 6,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)5,250,000.00 9/11/2026 1077 -$ -$ -$ 5,250,000.00$ -$ -$ FED FARM CREDIT (FFCB)1,000,000.00 9/28/2026 1094 -$ -$ -$ 1,000,000.00$ -$ -$ FED HOME LN BANK (FHLB)3,750,000.00 10/21/2026 1117 -$ -$ -$ -$ 3,750,000.00$ -$ FED HOME LN BANK (FHLB)2,600,000.00 11/23/2026 1150 -$ -$ -$ -$ 2,600,000.00$ -$ FED HOME LN BANK (FHLB)1,650,000.00 12/11/2026 1168 -$ -$ -$ -$ 1,650,000.00$ -$ FED FARM CREDIT (FFCB)3,500,000.00 9/15/2027 1446 -$ -$ -$ -$ 3,500,000.00$ -$ FED FARM CREDIT (FFCB)3,500,000.00 10/27/2027 1488 -$ -$ -$ -$ -$ 3,500,000.00$ FED FARM CREDIT (FFCB)5,250,000.00 8/28/2028 1794 -$ -$ -$ -$ -$ 5,250,000.00$ FEDERAL AGENCY BOND/NOTE 39,850,000.00$ 35,400,000.00$ 72,430,000.00$ 48,146,000.00$ 11,500,000.00$ 8,750,000.00$ U.S. TREASURY NOTE 6,000,000.00 10/24/2023 24 6,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 10/31/2023 31 3,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 7,500,000.00 11/9/2023 40 7,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 11,000,000.00 11/9/2023 40 11,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/15/2023 46 3,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2023 61 3,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 11,000,000.00 12/5/2023 66 11,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 7,500,000.00 12/21/2023 82 7,500,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 11,000,000.00 1/11/2024 103 11,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 9,000,000.00 2/1/2024 124 9,000,000.00$ -$ -$ -$ -$ -$ Page 14 of 18 Page 142 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Today's Date:9/30/2023 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years U.S. TREASURY NOTE 9,000,000.00 3/7/2024 159 9,000,000.00$ -$ -$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 11/30/2024 427 -$ -$ 3,000,000.00$ -$ -$ -$ U.S. TREASURY NOTE 3,000,000.00 8/15/2025 685 -$ -$ 3,000,000.00$ -$ -$ -$ U.S. TREASURY NOTE 3,500,000.00 8/15/2026 1050 -$ -$ -$ 3,500,000.00$ -$ -$ U.S. TREASURY NOTE 3,200,000.00 2/15/2027 1234 -$ -$ -$ -$ 3,200,000.00$ -$ U.S. TREASURY NOTE 81,500,000.00$ -$ 6,000,000.00$ 3,500,000.00$ 3,200,000.00$ -$ STATE OF CALIFORNIA 2,500,000.00 10/1/2023 1 2,500,000.00$ -$ -$ -$ -$ -$ STATE OF CALIFORNIA 4,000,000.00 10/1/2023 1 4,000,000.00$ -$ -$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 400,000.00 11/1/2023 32 400,000.00$ -$ -$ -$ -$ -$ BAKERSFIELD SCHOOL DISTRICT 335,000.00 11/1/2023 32 335,000.00$ -$ -$ -$ -$ -$ STATE OF CALIFORNIA 3,000,000.00 4/1/2024 184 -$ 3,000,000.00$ -$ -$ -$ -$ CITY OF RIVERSIDE PENSN OBLG 250,000.00 6/1/2024 245 -$ 250,000.00$ -$ -$ -$ -$ CENTRAL UNIFIED SCHOOL DISTRICT 795,000.00 7/1/2024 275 -$ 795,000.00$ -$ -$ -$ -$ SAN RAFAEL ELEM SCH DIST 1,200,000.00 8/1/2024 306 -$ 1,200,000.00$ -$ -$ -$ -$ SANTA MONICA-MALIBU USD 250,000.00 8/1/2024 306 -$ 250,000.00$ -$ -$ -$ -$ GILROY UNIFIED SD 500,000.00 8/1/2024 306 -$ 500,000.00$ -$ -$ -$ -$ LONG BEACH CCD 1,315,000.00 8/1/2024 306 -$ 1,315,000.00$ -$ -$ -$ -$ COACHELLA VALLEY USD 365,000.00 8/1/2024 306 -$ 365,000.00$ -$ -$ -$ -$ SAN BERNARDINO CCD 700,000.00 8/1/2024 306 -$ 700,000.00$ -$ -$ -$ -$ SAN BERNARDINO CCD 1,000,000.00 8/1/2024 306 -$ 1,000,000.00$ -$ -$ -$ -$ SONOMA CNTY JR COLLEGE DIST 1,000,000.00 8/1/2024 306 -$ 1,000,000.00$ -$ -$ -$ -$ VAL VERDE UNIFIED SCH DIST 215,000.00 8/1/2024 306 -$ 215,000.00$ -$ -$ -$ -$ OAK GROVE SCHOOL DISTRICT 200,000.00 8/1/2024 306 -$ 200,000.00$ -$ -$ -$ -$ CARSON REDEV AGY TAB 600,000.00 8/1/2024 306 -$ 600,000.00$ -$ -$ -$ -$ SANTA MARIA JT UHSD 395,000.00 8/1/2024 306 -$ 395,000.00$ -$ -$ -$ -$ SANTA ANA CMNTY REDEV AGY 2,000,000.00 9/1/2024 337 -$ 2,000,000.00$ -$ -$ -$ -$ CALIFORNIA STATE UNIVERSITY 450,000.00 11/1/2024 398 -$ -$ 450,000.00$ -$ -$ -$ NATIONAL CITY PENSN OBLIG 300,000.00 11/1/2024 398 -$ -$ 300,000.00$ -$ -$ -$ STATE OF CONNECTICUT 1,700,000.00 1/15/2025 473 -$ -$ 1,700,000.00$ -$ -$ -$ STATE OF CALIFORNIA 750,000.00 3/1/2025 518 -$ -$ 750,000.00$ -$ -$ -$ SAN FRANCISCO CITY/CNTY PORT COMM 255,000.00 3/1/2025 518 -$ -$ 255,000.00$ -$ -$ -$ GARDENA PENSN OBLIG 250,000.00 4/1/2025 549 -$ -$ 250,000.00$ -$ -$ -$ PORT OF OAKLAND 1,030,000.00 5/1/2025 579 -$ -$ 1,030,000.00$ -$ -$ -$ CA STWD CMNTY DEV TRANS 1,000,000.00 6/1/2025 610 -$ -$ 1,000,000.00$ -$ -$ -$ CITY OF ONTARIO CA POB 1,000,000.00 6/1/2025 610 -$ -$ 1,000,000.00$ -$ -$ -$ UNIV OF CALIFORNIA 1,600,000.00 7/1/2025 640 -$ -$ 1,600,000.00$ -$ -$ -$ SAN JOSE SUCCESSOR AGY 4,675,000.00 8/1/2025 671 -$ -$ 4,675,000.00$ -$ -$ -$ CITY OF SAN BERNARDINO USD 2,250,000.00 8/1/2025 671 -$ -$ 2,250,000.00$ -$ -$ -$ COLTON UNIFIED SD 2,475,000.00 8/1/2025 671 -$ -$ 2,475,000.00$ -$ -$ -$ CARPINTERIA UNIFIED SCH DIST 1,210,000.00 8/1/2025 671 -$ -$ 1,210,000.00$ -$ -$ -$ POMONA PENSION OBLG 1,675,000.00 8/1/2025 671 -$ -$ 1,675,000.00$ -$ -$ -$ SAN JOSE GEN OBLIG 2,275,000.00 9/1/2025 702 -$ -$ 2,275,000.00$ -$ -$ -$ STATE OF HAWAII 2,290,000.00 10/1/2025 732 -$ -$ -$ 2,290,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 775,000.00 11/1/2025 763 -$ -$ -$ 775,000.00$ -$ -$ CALIFORNIA STATE UNIVERSITY 2,500,000.00 11/1/2025 763 -$ -$ -$ 2,500,000.00$ -$ -$ STATE OF CALIFORNIA 3,200,000.00 4/1/2026 914 -$ -$ -$ 3,200,000.00$ -$ -$ SEQUOIA UHSD 2,050,000.00 7/1/2026 1005 -$ -$ -$ 2,050,000.00$ -$ -$ HUNTINGTON BEACH UHSD 3,510,000.00 8/1/2026 1036 -$ -$ -$ 3,510,000.00$ -$ -$ CITY OF LOS ANGELES 1,085,000.00 9/1/2026 1067 -$ -$ -$ 1,085,000.00$ -$ -$ STATE OF CONNECTICUT 3,000,000.00 9/15/2026 1081 -$ -$ -$ 3,000,000.00$ -$ -$ UNIV OF CALIFORNIA 1,340,000.00 5/15/2027 1323 -$ -$ -$ -$ 1,340,000.00$ -$ CITY OF RIVERSIDE PENSN OBLG 1,500,000.00 6/1/2027 1340 -$ -$ -$ -$ 1,500,000.00$ -$ SEQUOIA UHSD 2,150,000.00 7/1/2027 1370 -$ -$ -$ -$ 2,150,000.00$ -$ SADDLEBACK USD 1,805,000.00 8/1/2027 1401 -$ -$ -$ -$ 1,805,000.00$ -$ SAN DIEGO CCD 1,300,000.00 8/1/2027 1401 -$ -$ -$ -$ 1,300,000.00$ -$ MOUNTAIN VIEW-WHISMAN SD 970,000.00 9/1/2027 1432 -$ -$ -$ -$ 970,000.00$ -$ MUNICIPAL BOND 7,235,000.00$ 13,785,000.00$ 22,895,000.00$ 18,410,000.00$ 9,065,000.00$ -$ Page 15 of 18 Page 143 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Today's Date:9/30/2023 Portfolio Maturity Distribution 0 - 182 Days 183 - 365 Days 366 - 730 Days 731 - 1095 Days 1096 - 1460 Days 1461 - 1825 Days Description PAR Maturity Days to Maturity Under 6 Months 6 - 12 Months 1 - 2 Years 2 - 3 Years 3 - 4 Years 4 - 5 Years INTL FINANCE CORP (IFC)1,900,000.00 6/24/2024 268 -$ 1,900,000.00$ -$ -$ -$ -$ INTERAMER DEV (IADB)3,000,000.00 9/23/2024 359 -$ 3,000,000.00$ -$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD)3,000,000.00 11/25/2024 422 -$ -$ 3,000,000.00$ -$ -$ -$ INTL BK RECON & DEVELOP (IBRD)3,500,000.00 7/29/2025 668 -$ -$ 3,500,000.00$ -$ -$ -$ INTERAMER DEV (IADB)3,000,000.00 6/2/2026 976 -$ -$ -$ 3,000,000.00$ -$ -$ INTL FINANCE CORP (IFC)4,000,000.00 10/8/2026 1104 -$ -$ -$ -$ 4,000,000.00$ -$ SUPRANATIONAL -$ 4,900,000.00$ 6,500,000.00$ 3,000,000.00$ 4,000,000.00$ -$ NEIGHBORHOOD NATIONAL BANK 4,318,646.30 8/15/2024 320 -$ 4,318,646.30$ -$ -$ -$ -$ PLACEMENT SERVICE DEPOSITS -$ 4,318,646.30$ -$ -$ -$ -$ Total 148,490,000.00$ 100,359,646.30$ 156,244,000.00$ 96,103,000.00$ 51,946,000.00$ 8,999,000.00$ Note: Excludes Pooled Investments and Bank of New York Mellon Money Market Fund Grand Total 562,141,646.30$ Page 16 of 18 Page 144 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda City of Chula Vista Corporate Bonds - Sector Distribution SecurityTypeDesc Maturity CUSIP YTM BNY Market Value GICS Sector CUMMINS INC 10/1/2023 231021AR7 2.22 3,500,000.00 Industrials CATERPILLAR FINL 12/7/2023 14913Q2S7 2.56 3,685,866.00 Industrials JOHN DEERE CAPITAL CORP 3/7/2024 24422EUX5 1.22 2,961,780.00 Industrials UNILEVER CAPITAL 5/5/2024 904764AX5 1.75 1,472,385.00 Consumer Staples UNILEVER CAPITAL 5/5/2024 904764AX5 1.79 1,963,180.00 Consumer Staples APPLE INC 5/6/2024 037833AS9 1.63 246,757.50 Information Technology APPLE INC 5/11/2024 037833CU2 1.69 638,865.50 Information Technology TEXAS INSTRUMENTS 5/15/2024 882508BB9 2.28 981,240.00 Information Technology BANK OF NEW YORK MELLON CORP 5/15/2024 06406HCV9 1.36 590,772.00 Financials IBM CORP 5/15/2024 459200JY8 0.60 2,949,030.00 Information Technology ASTRAZENECA FINANCE LLC 5/28/2024 04636NAC7 1.10 2,418,925.00 Health Care ONCOR ELECTRIC DELIVERY 6/1/2024 68233JBM5 1.08 465,186.50 Utilities HORMEL FOODS CORP 6/3/2024 440452AG5 1.19 2,898,600.00 Consumer Staples WALMART INC 7/8/2024 931142EL3 2.71 3,820,206.00 Consumer Discretionary SALESFORCE.COM INC 7/15/2024 79466LAG9 0.96 432,481.50 Information Technology UNITED HEALTH 8/15/2024 91324PDR0 0.58 2,915,340.00 Health Care EXXON MOBIL CO 8/16/2024 30231GBC5 0.65 971,270.00 Energy AMAZON.COM INC 8/22/2024 023135AZ9 1.88 220,524.02 Consumer Discretionary BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 1.87 979,060.00 Industrials BURLINGTON NORTH SANTA FE 9/1/2024 12189LAT8 0.97 2,937,180.00 Industrials COCA-COLA CO 9/6/2024 191216CL2 0.95 3,088,384.00 Consumer Staples PAYPAL HOLDING 10/1/2024 70450YAC7 0.67 919,790.00 Information Technology BANK OF NEW YORK MELLON CORP 10/24/2024 06406RAL1 1.15 960,840.00 Financials CATERPILLAR FINL 11/8/2024 14913Q3B3 1.06 2,889,990.00 Industrials HERSHEY COMPANY 11/15/2024 427866BC1 1.87 651,835.91 Consumer Staples ADOBE SYSTEMS INC 2/1/2025 00724FAC5 3.11 2,521,094.40 Information Technology PACCAR FINANCIAL 2/6/2025 69371RQ66 0.66 951,110.00 Financials TOYOTA MOTOR CORP 2/13/2025 89236TGT6 1.03 950,330.00 Consumer Discretionary 3M COMPANY 2/14/2025 88579YBH3 1.44 2,370,450.00 Industrials WW GRAINGER INC 2/15/2025 384802AE4 0.70 551,000.00 Industrials JOHN DEERE CAPITAL CORP 3/13/2025 24422EUE7 1.08 1,216,287.50 Industrials INTEL CORP 3/25/2025 458140BP4 4.53 1,938,848.94 Information Technology AMAZON.COM INC 4/13/2025 023135CE4 2.99 2,897,400.00 Consumer Discretionary TARGET CORP 4/15/2025 87612EBL9 1.75 2,859,060.00 Consumer Discretionary APPLE INC 5/11/2025 037833DT4 1.12 1,057,914.78 Information Technology HONEYWELL INTERNATIONAL 6/1/2025 438516CB0 1.14 2,808,000.00 Industrials AMAZON.COM INC 6/3/2025 023135BQ8 1.19 1,555,506.00 Consumer Discretionary JP MORGAN CHASE 7/15/2025 46625HMN7 1.85 1,937,020.00 Financials PACCAR FINANCIAL 8/11/2025 69371RR99 4.37 2,224,997.00 Financials STATE STREET CORP 8/18/2025 857477AT0 3.09 1,536,912.00 Financials CUMMINS INC 9/1/2025 231021AU0 1.28 679,042.56 Industrials CUMMINS INC 9/1/2025 231021AU0 1.18 2,062,717.44 Industrials HOME DEPOT INC 9/15/2025 437076BK7 3.09 3,078,336.00 Consumer Discretionary TOYOTA MOTOR CORP 10/16/2025 89236THP3 1.42 2,730,180.00 Consumer Discretionary VISA INC 12/14/2025 92826CAD4 2.74 2,388,600.00 Financials PEPSICO INC 2/24/2026 713448DF2 4.34 1,772,203.68 Consumer Staples CISCO SYSTEMS 2/28/2026 17275RBC5 4.34 3,324,615.00 Information Technology TARGET CORP 4/15/2026 87612EBE5 4.39 1,739,721.50 Consumer Discretionary TARGET CORP 4/15/2026 87612EBE5 4.17 1,787,681.39 Consumer Discretionary PACCAR FINANCIAL 5/11/2026 69371RR32 4.40 2,699,940.00 Financials INTEL CORP 5/19/2026 458140AU4 1.34 2,222,871.16 Information Technology WALMART INC 7/8/2026 931142EM1 4.11 1,802,701.00 Consumer Discretionary CISCO SYSTEMS 9/20/2026 17275RBL5 4.07 1,067,867.00 Information Technology HONEYWELL INTERNATIONAL 11/1/2026 438516BL9 3.03 1,096,563.45 Industrials NIKE INC 11/1/2026 654106AF0 3.14 952,438.05 Consumer Discretionary ILLINOIS TOOL WORKS INC 11/15/2026 452308AX7 4.87 1,320,364.78 Industrials ABBOTT LABORATORIES 11/30/2026 002824BF6 4.71 960,320.00 Health Care MORGAN STANLEY 1/20/2027 61746BEF9 5.62 2,333,950.00 Financials JPMORGAN CHASE & CO 1/29/2027 46647PBA3 5.86 2,389,875.00 Financials BANK OF AMERICA CORP 3/2/2027 06048WS84 2.75 3,535,920.00 Financials CHARLES SCHWAB CORP 3/3/2027 808513BY0 3.35 1,964,368.35 Financials PEPSICO INC 3/19/2027 713448ER5 3.14 1,784,379.60 Consumer Staples COSTCO WHOLESALE CORP 5/18/2027 22160KAM7 4.31 2,980,288.00 Consumer Discretionary MERCK & CO INC 6/10/2027 58933YBC8 3.18 2,835,072.00 Health Care Total 122,445,435.51 GICS Sector Amount Percent Information Technology 18,301,375.78 14.95% Page 17 of 18 Page 145 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda GICS Sector Amount Percent Financials 23,514,304.35 19.20% Real Estate 0.00 0.00% Consumer Discretionary 27,374,371.96 22.36% Industrials 29,058,301.73 23.73% Consumer Staples 13,630,968.19 11.13% Energy 971,270.00 0.79% Utilities 465,186.50 0.38% Materials 0.00 0.00% Communication Services 0.00 0.00% Health Care 9,129,657.00 7.46% Total 122,445,435.51 100.00% 14.95% 19.20% 0.00% 22.36% 23.73% 11.13% 0.79%0.38% 0.00%0.00%7.46% Corporate Bonds - Sector Distribution Information Technology Financials Real Estate Consumer Discretionary Industrials Consumer Staples Energy Utilities Materials Communication Services Health Care Page 18 of 18 Page 146 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE Waiver of Development Impact Fees: Waiving Parkland Acquisition Fees, Parkland Development Fees, and Residential Construction Tax for the Proposed 55-Unit Congregational Suites Senior Affordable Housing Project Report Number: 23-0296 Location: 305 E Street, Northwest corner of E Street and Third Avenue 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 waiving Parkland Acquisition Fees, Parkland Development Fees and Residential Construction Tax, totaling $617,873, for a proposed 55-unit, 100% affordable senior housing project named Congregational Suites. SUMMARY Congregational Suites is a 55-unit 100% affordable senior housing project being developed at the northwest corner of E Street and Third Avenue (“Project”) by 3rd Street RHF and CCDC Partners, L.P. (“Developer”). Pursuant to the Chula Vista Municipal Code (“CVMC”) Section 17.10.070(B), the Developer has requested a waiver of the Parkland Acquisition Fee and the Parkland Development Fee. Pursuant to CVMC Section 3.32.050, the City Council may waive the Residential Construction Tax due for the Project. The recommended waivers totaling $617,873 enhance the Project’s feasibility to construct the 100% affordable senior housing project. 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 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. Page 147 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Developer plans to construct a seven-story, building totaling 55,814 square feet, consisting of 55 apartments which will be age restricted for rent to persons 55 and over, an unrestricted Manager’s Unit, community room, outdoor amenity spaces and parking. Space on the ground floor is planned to be leased to San Ysidro Health for use as a clinic for seniors which will be open to the public. The residential units in the Project will be 100% affordable within the following income categories: 19 units restricted to very low-income households or persons (30% to 50% of area median income (“AMI”)) 19 units restricted to low-income households or persons (50% to 80% of AMI) 17 units restricted to moderate-income households or persons (80% to 120% of AMI) Under a separate action, the Developer is entering into an Affordable Housing Density Bonus Agreement with the City and is agreeing to restrict the 55 units for a term of 55 years. Conditional Use Permit (CUP22-0050) and Design Review Permit (DR22-0032) were approved on August 2, 2023. The building permit is currently in process and is anticipated to be issued by the end of 2023. Parkland Acquisition and Development In-Lieu Fees The City requires all residential development projects over 50 units dedicate parkland and construct parks or pay park in-lieu fees. The City assesses two park in-lieu fees: the Parkland Acquisition Fee and the Parkland Development fee. The amount of each of these fees for this Project would be $207,592 and $396,256 respectively, for a total of $603,848. CVMC Section 17.10.070(B) provides for the waiver of all or any portion of such parks improvements or in-lieu parks fee requirements in the interest of stimulating the construction of housing for low- and moderate-income families, by resolution of the City Council. Residential Construction Tax The City assesses a Residential Construction Tax (“RCT”) on all new residential units in order to generate revenue to defray the cost of capital items required to serve the City’s increasing population. Pursuant to CVMC Section 3.32.050, the City Council may waive this tax for housing projects that serve low- or moderate- income families. The RCT rate for apartments is $250, plus $25 for every bedroom over one. The total RCT fee for the Senior Congregational Suites Project would be $14,025. Staff recommends that the Parkland Acquisition and Development In-Lieu Fees and Residential Construction Tax for the Project in the total amount of $617,873 be waived to facilitate the construction of much needed 100% affordable senior housing units in downtown Chula Vista. Page 148 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Parkland Acquisition and Development In-Lieu Fees are used to acquire parkland and construct parks in Chula Vista. Approval of the waiver of Parkland In-Lieu Fees for this Project would result in a one-time loss of revenue of $603,848 in the Western Park Acquisition and Development Fee Fund. The Residential Construction Tax is charged on all new development to offset impact to parks and other capital facilities due to the increase in population created by new development. Approval of the waiver of this tax for the Project would result in one-time loss in revenue to the Residential Construction Tax Capital Project Fund of $14,025. The total loss in revenues for all funds is $617,873 but allows for much needed affordable housing for seniors in downtown Chula Vista. ONGOING FISCAL IMPACT There are no on-going fiscal impacts as a result of this action. ATTACHMENTS None. Staff Contact: Kimberly Elliott, Facilities Financing Manager Laura C. Black, AICP, Development Services Director Page 149 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING PARKLAND IN-LIEU FEES AND RESIDENTIAL CONSTRUCTION TAX FOR A 100 PERCENT AFFORDABLE SENIOR HOUSING PROJECT NAMED CONGREGATIONAL SUITES WHEREAS, the high cost of constructing affordable housing is a challenge for developers, lenders, and investors; and WHEREAS, Chula Vista needs affordable housing units and currently does not have many affordable housing units strictly available only for seniors (55 years and older); and WHEREAS, 3rd Street RHF and CCDC Partners, L.P., is developing 55 affordable senior housing units at 305 E. Street (the “Project”), but needs a waiver of certain City development fees and taxes to enhance Project feasibility; and WHEREAS, the Project will result in a public benefit by providing new housing and on- site amenities for seniors that will be 100% deed-restricted for seniors age 55 and older for 55 years where all units will be rented to seniors with very low, low- and moderate-incomes, consisting of 19 dwelling units restricted to very low income households or persons, 19 units restricted to low-income households or persons, and 17 units restricted to moderate-income households or persons; and WHEREAS, the Chula Vista Municipal Code (“CVMC”) section 17.10.070(B) provides for the waiver, by resolution of the City Council, of all or any portion of parks improvements, or in-lieu fee requirements for parks, in the interest of stimulating the construction of much needed housing for low- and moderate-income families or persons. Further, under CVMC section 3.32.050 the City Council may waive the Residential Construction Tax for affordable housing projects that serve low- or moderate- income families and persons; and WHEREAS, senior housing developments, such as the Project, are not typically heavy users of parks and other infrastructure constructed with City required in-lieu park fees; and WHEREAS, the waiver of Parkland Acquisition Fees in the amount of $207,592, Parkland Development Fees in the amount of $396,256 and Residential Construction Tax in the amount of $14,025, for a total of $617,873 in fees, provides much needed financial assistance to the Project to facilitate the construction of 55-units of 100% affordable senior housing units in downtown Chula Vista; and WHEREAS City staff recommends approval of the requested waivers of the Parkland Acquisition Fee, Parkland Development Fee, and Residential Construction Tax for the Project; and Page 150 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Resolution No. Page 2 WHEREAS the City Clerk set the time and place for consideration before the City Council for the requested fee and tax waivers for the Project, and notice of the consideration of the request, together with its purpose, was properly provided consistent with State law and City Codes; and WHEREAS the Chula Vista City Council has reviewed and considered all materials for the requested in-lieu parkland fee and tax waivers for the Project; and WHEREAS the matter was considered at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Chula Vista City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the waiver of Parkland Acquisition Fees in the amount of $207,592, Parkland Development Fees in the amount of $396,256, and Residential Construction Tax in the amount of $14,025 for the Project to facilitate the construction of needed affordable senior housing units in downtown Chula Vista. 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 151 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 152 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 60297.00068\41797575.1 v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE Agreement: Approve an Agreement with AT&T Corporation to Provide the City with a Secure Private and Redundant Fiber Network Solution Report Number: 23-0272 Location: No specific geographic location Department: Information Technology Services Department Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution accepting the proposal and awarding a 60-month agreement to AT&T Corporation (AT&T) to provide the City with a secure private and redundant fiber network solution with greater reliability for all City departments, and authorizing the City to enter into a contract with AT&T for those purposes. SUMMARY City departments require a reliable, secure local area network (LAN) for their information sharing needs. After thorough review of available options, City staff finds that AT&T has offered the most mature, reliable, and high-performance solution to those requirements. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 153 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 60297.00068\41797575.1 P a g e | 2 DISCUSSION The City’s current network service provider (Cox Cable) employs a residential connection to provide service to all City locations, IT Services does not manage the network connection. Additionally, the network provides only a single point of connection to the internet, through hardware installed at the City Hall complex. This legacy system provides neither the quality of service nor the stability and reliability necessary to support the City’s needs, including emergency services. At the same time, the current architecture does not offer the possibility for growth to meet anticipated citizen needs over the next several years. IT Services approached several potential providers (Cox Cable, Wyyered, T -Mobile, Verizon, AT&T), requesting proposals for improvement of network service, stability, privacy and access. Based on the proposals, it is staff’s determination that the only provider that can provide a network that meets the City’s requirements is AT&T. Its proposal offers secure, redundant, and high-bandwidth (up to 100Gbps) performance and allows for near-real-time access to dynamically adjust bandwidth at each site, as demand requires. AT&T represents that additional charges for such bandwidth adjustments will be based on 24-hour usage. Further, the Further, the AT&T solution leverages existing fiber-optic infrastructure (no construction necessary) and enables City IT Services management of the network. Additionally, AT&T will provide service to two additional City sites. This is all provided at no up-front cost, and only a marginal increase in annual fees. The aforementioned services are all provided at no up-front cost, and only a marginal increase in annual fees, subject to additional charges for bandwidth adjustments and other terms of the agreement. This proposal covers a five-year period, and while the cost is estimated to be $35,000 higher in total over the five year term than the existing service provider agreement, it is staff’s assessment that AT&T offers improved services that better meets the City’s needs. This proposal covers a five-year period for a total cost of $680,576, and while the cost is estimated to be $35,000 higher in total over the five year term than the existing service provider agreement, it is staff’s assessment that AT&T offers improved services that better meets the City’s needs. In particular, AT&T services will provide redundant and improved fiber-optic connection to the internet, real-time bandwidth management, and service connections for two additional sites. As such, staff believes that the City will receive fair value in services for the additional $35,000 in fees over the five year term. 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 fiscal impact as a result of this action. Funding for the approximate increased cost of $7,000 is available within the department’s fiscal year 2023-24 budget appropriations. ONGOING FISCAL IMPACT Page 154 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 60297.00068\41797575.1 P a g e | 3 Ongoing funding for this contract will be incorporated as part of the annual budget development process in future fiscal years and is estimated at $35,000 over the life of the agreement. ATTACHMENTS 1. City of Chula Vista Proposal dated June 28, 2023 2. AT&T Multi-Service Agreement 3. AT&T Switched Ethernet Service (with Network on Demand) Pricing Schedule Provided Pursuant to Custom Terms Staff Contact: Jose Cisneros, IT Services Director; Dave Bean, IT Services Management Analyst Page 155 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE PROPOSAL AND AWARDING AN AGREEMENT TO AT&T CORPORATION TO DEVELOP A SECURE PRIVATE NETWORK SOLUTION WHEREAS, in 2017, the City published a Smart City Strategic Action Plan, with the objective of leveraging technology and advanced data analytics tools to grow the economy, engage the community, improve government efficiency, and enhance quality of life; and WHEREAS, the City IT Services Department identified the need to develop a secure private and redundant fiber network solution with greater reliability for all City departments, to achieve the Strategic Action Plan objectives; and WHEREAS, the City wishes to replace the legacy system to improve the quality of service, the stability and reliability necessary to support the City, including its emergency services,, and meet the City’s growth capabilities to best serve the community; and WHEREAS, the City conducted an informal request for proposal and evaluated the proposals that it received; and WHEREAS, the City finds based on the proposals it received that only one vendor can currently provide the network performance, reliability, and accessibility that meets the City’s needs at a comparable cost to current provider; and WHEREAS, the Purchasing Agent has approved the informal request for proposals as being consistent with good purchasing practices in accordance with Chula Vista Municipal Code section 2.56.070(B)(3). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Finds that the competitive bidding requirements are impractical and that City interests would be materially better served by applying the purchasing procedure approved by the Purchasing Agent. 2. Waives the competitive bidding requirements as authorized by Chula Vista Municipal Code section 2.56.070(B)(3). 3. Accepts the AT&T Corporation proposal and awards an agreement for services to AT&T to develop and provide a secure private network solution for the City of Chula Vista. 4. Authorizes and directs the City Manager to execute the AT&T Switched Ethernet Service (with Network on Demand) Pricing Schedule Provided Pursuant to Customer Terms, a copy of which shall be kept on file in the Office of the City Clerk. Page 156 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Presented by Approved as to form by Jose Cisneros Jill D.S. Maland Director of Information Technology Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 157 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda June 28, 2023 Copyright Notice and Statement of Confidentiality—© 2023 AT&T Intellectual Property. AT&T and globe logo are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. The contents of the Proposal (except for pricing applicable to E-Rate funded services) are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. Page 158 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda June 28, 2023 Copyright Notice and Statement of Confidentiality—© 2023 AT&T Intellectual Property. AT&T and globe logo are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. The contents of the Proposal (except for pricing applicable to E-Rate funded services) are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. Proposal for a secure private network solution Presented to City of Chula Vista by AT&T Jose Cisneros jcisneros@chulavistaca.gov Mark Davis, CLIENT SOLUTIONS EXECUTIVE 3 mark.davis.5@att.com Cell: +1 714.264.8538 Table of Contents Page Solution ........................................................................... 3 Pricing ............................................................................. 5 AT&T Advantages ............................................................ 5 Important Information .................................................... 7 Page 159 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Proposal for a secure private network solution for City of Chula Vista © 2023 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. Page 3 Solution We’ve assessed your information and developed a secure private network solution that addresses your business needs. The solution includes the following components: • AT&T Dedicated Internet is an internet access service that combines a dedicated connection with symmetrical bandwidth (same download and upload speeds) and provides reliable, high-performance connectivity. AT&T Dedicated Internet offers the fastest speeds available (up to 1Tbps), world class Service Level Agreements (SLAs) with 100% uptime guarantees, and outage protection down to the customer edge router with 24/7 monitoring. • AT&T Switched Ethernet on Demand (ASEoD) is a transport service that transmits Ethernet traffic among multiple locations and uses AT&T Network on Demand to provision and scale bandwidth and other network services. AT&T Switched Ethernet on Demand (ASEoD) provides user-friendly, web-based network configuration and management and simplified contracting for most network services. City of Chula Vista proposed Network Diagram Page 160 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Proposal for a secure private network solution for City of Chula Vista © 2023 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. Page 4 The solution gives you the following features: • Dynamic Bandwidth Speeds of 2 Mbps to 100 Gbps are available and include four physical port speeds and multiple logical channel Committed Information Rates (CIRs). This feature helps you satisfy your networking needs and lets you easily increase speed and capacity in the future. So, instead of losing time because of slow network response, you can help ensure that vital information is available when and where you need it. • Any-to-Any Connections enables you, via Ethernet Virtual Connections (EVCs), to configure any port so that it connects to any other p ort in your network. As a result, a single Ethernet connection can provide your locations with access to various remote resources, such as virtual connections to primary and backup data hosts. • A Self-Service Portal provides an intuitive, user-friendly interface that enables easy, near-real-time provisioning, network scaling and management. The portal lets you add sites, deploy or change services, and scale bandwidth to meet changing demands. As a result, you can quickly and easily optimize your infrastructu re and focus on your core business instead of handling time-consuming IT tasks. • Flexible Configurations let you link your locations via a virtual LAN or establish virtual private lines from remote locations to a main data center. We offer three configurations: Point-to-Point (between two ports), Point-to-Multipoint (hub-and-spoke design: virtual connections to remote sites), or Multipoint -to-Multipoint (three or more ports: any-to-any connectivity). These options enable you to adjust and scale your virtual connectivity arrangement to accommodate additional sites and networking requirements. As a result, your network and operations can more quickly and easily keep up with changes in your business. • Reliable Service starts with proactive monitoring of our nationwide backbone along with a network architecture that features redundant routers, switches, and power supplies. As a result, we can reroute traffic around outages and restore service almost instantaneously. This increases reliability and helps ensure that your internet traffic gets through. In addition, you get enterprise-class support, with 24/7 expert technical assistance. Page 161 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Proposal for a secure private network solution for City of Chula Vista © 2023 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. Page 5 Pricing The secure private network solution includes the following components and pricing (note: NRC = non-recurring charge and MRC = monthly recurring charge): ASEoD with 60 Months Contract Sites Alias Port CIR QTY Monthly City Hall 10GB 2000M 1 $554 PD 10GB 2000M 1 $554 Remote site 1G 50M 21 $5,894 Public Works 1G 500M 1 $383 Total $7,385 ADI with Calnet Agreement Sites Alias Access Port QTY Monthly City Hall 10GB 1GB 1 $1,978.97 PD 10GB 1GB 1 $1,978.97 Total 3,311.47 AT&T Advantages AT&T gives you the following advantages: • Investing in Our Network—AT&T is consistently one of the top annual investors of capital in the U.S. Over the past five years (2018 -2022), we invested more than $140 billion in our wireless and wireline networks, including capital investments and acquisition of wireless spectrum. • Fiber Internet Coverage—As of 3Q22, more than 675,000 U.S. business buildings are lit with fiber from AT&T, enabling high-speed connections to approximately 3 million U.S. business customer locations. Nationwide, more than 9.5 million business customer Page 162 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Proposal for a secure private network solution for City of Chula Vista © 2023 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. Page 6 locations are on or within 1,000 feet of our fiber. We remain on track to achieve our target of 30 million-plus fiber locations by the end of 2025.1 • Community Engagement—In 2021, AT&T companies and the AT&T Foundation contributed more than $202.05 million to philanthropic organizations. Focus areas include education (digital divide), community support/safety, health/human services, and the arts/media/culture. We seek to fund programs designed to serve predominantly underserved, underrepresented, or low-income communities. • Managed Security Leader—AT&T Cybersecurity is a leading global Managed Security Services Provider (MSSP), helping you to safeguard digital connections, act with confidence to detect cyber threats to mitigate business impact, and drive efficiency into cybersecurity operations. • Leading in 5G—AT&T ranked as America's Most Reliable 5G network*. Our nationwide 5G network serves 285 million people in 22,000 cities and towns across the U.S. and our 5G+ network, using high-band, is now bringing super-fast speeds and increased connectivity to parts of more than 50 cities and more than 70 venues in the U.S.**2 • Leading with Edge Solutions—We’re combining 5G with edge solutions including Multi- Access Edge Compute (MEC), AT&T Private Cellular Networks, and other 5G related technologies to provide a continuum of control, increased visibility, lower latency, and more efficient management of data communication. 5G breakthroughs and edge solutions improve connectivity and performance and help enable smarter everything across all industries. These developments can create new economic opportunities, greater mobility, enhanced security, and smarter connectivity for individuals, businesses, and society. _______________________________________ You’ve seen from our proposal that we understand your objectives and have the expertise and resources to support them. We look forward to working with you to implement the secure private network solution and help you achieve your business goals. 1 The approximately 3 million U.S. business customer locations are included within the 9.5+ million U.S. business customer locations on or within 1,000 feet of our fiber. 2 *Based on nationwide GWS drive test data. GWS conducts paid drive tests for AT&T and uses the data in its analysis. AT&T 5G requires compatible plan and device. 5G not available everywhere. Go to att.com/5Gforyou for details. **5G/5G+ service requires a compatible device and data plan. Service is not available everywhere. See att.com/5Gforyou for details. Page 163 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Proposal for a secure private network solution for City of Chula Vista © 2023 AT&T Intellectual Property—AT&T Proprietary—Not for use or disclosure outside of AT&T companies and its third-party representatives except under written agreement. Page 7 Important Information AT&T Switched Ethernet Service on Demand is provided by AT&T's Incumbent Local Exchange Carrier in each respective state. For AT&T Dedicated Internet with Managed Router, the customer is responsible for the provisioning and monthly cost of one POTS phone line for management and troubleshooting of the managed service and router. AT&T may provide Entrance Facility Construction (EFC) for eligible customers, as explained in the Entrance Facility Construction section of the AT&T Business Service Guide General Provisions. Customers who do not qualify for AT&T EFC are responsible for providing the conduit/structure as well as the path from the property line to the demarcation point for access to the primary route. Proposal Validity Period—The information and pricing contained in this proposal is valid for a period of 30 days from the date written on the proposal cover page unless rescinded or extended in writing by AT&T. Terms and Conditions—This Proposal is conditioned upon negotiation of mutually acceptable terms and conditions. Proposal Pricing—Pricing proposed herein is based upon the specific product/service mix and locations outlined in this Proposal. Any changes or variations in the proposed terms and conditions, the products/services/quantities, length of term, locations, and/or design described herein may result in different pricing. Prices quoted do not include applicable taxes, surcharges, or fees. In accordance with the tariffs or other applicable service agreement terms, Customer is responsible for payment of such charges. Providers of Service—Subsidiaries and affiliates of AT&T Inc. provide products and services under the AT&T brand. Either AT&T Corp. or AT&T Mobility National Accounts LLC is the proposer for itself and on behalf of its service-providing affiliates. Software—Any software used with the products and services provided in connection with this Proposal will be governed by the written terms and conditions applicable to such software. Title to software remains with AT&T or its supplier. Customer must comply with all such terms and conditions, and they will take precedence over any agreement between the parties as relates to such software. Copyright Notice and Statement of Confidentiality—© 2023 AT&T Intellectual Property. AT&T and globe logo are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. The contents of the Proposal (except for pricing applicable to E-Rate funded services) are unpublished, proprietary, and confidential and may not be copied, disclosed, or used, in whole or in part, without the express written permission of AT&T Intellectual Property or affiliated companies, except to the extent required by law and insofar as is reasonably necessary in order to review and evaluate the information contained herein. Page 164 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda AT&T Multi-Service Agreement eMSA_UA_III_11/15/2017 This Multi-Service Agreement is between the customer (“Customer”) and the AT&T Affiliate (“AT&T”) identified on Customer’s applicable Pricing Schedule (each a “Party”) and is effective when accepted by the Parties (“Effective Date”). This AT&T Multi-Service Agreement consists of the attached provisions, and the AT&T Business Services Agreement, including definitions, located at https://www.corp.att.com/agreement/ (“BSA”) (collectively the attached provisions and BSA constitute the “MSA”). In order for Customer to purchase AT&T Services, the Parties must execute an applicable Pricing Schedule, referencing this MSA, reflecting the Services, the pricing and the pricing schedule term (“Pricing Schedule”). Collectively the MSA, Pricing Schedule and applicable Service Publications constitute the “Agreement” for those Services. A “Service Publication” includes Tariffs, Guidebooks, and Service Guides located at http://serviceguidenew.att.com, which reflect the product descriptions, rates, terms and conditions applicable to a particular Service. Services are further subject to the AT&T Acceptable Use Policy located at www.att.com/aup (“AUP”). Service Publications and the AUP may be amended by AT&T from time to time without notice to Customer. The order of priority of the documents that form the Agreement is: the applicable Pricing Schedule or order; the MSA; the AUP; and then Service Publications; provided, however, if applicable laws or regulations of a jurisdiction prohibits contractual modification of Tariff terms, the Tariff will prevail. In the event of a conflict within the MSA between the provisions of this MSA and the BSA, the provisions of this MSA take precedence. For purposes of this MSA the arbitration provisions of the BSA are replaced entirely with and superseded by the following: ARBITRATION: ALL CLAIMS AND DISPUTES ARISING FROM THIS AGREEMENT SHALL BE SETTLED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (SUBJECT TO THE REQUIREMENTS OF THE FEDERAL ARBITRATION ACT). ANY JUDGMENT ON ANY AWARD RENDERED MAY BE ENTERED AND ENFORCED IN A COURT HAVING JURISDICTION. THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD ANY DAMAGES DISCLAIMED BY THIS AGREEMENT OR IN EXCESS OF THE LIABILITY LIMITATIONS IN THIS AGREEMENT, SHALL NOT HAVE THE AUTHORITY TO ORDER PRE-HEARING DEPOSITIONS OR DOCUMENT DISCOVERY, BUT MAY COMPEL ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS AT THE HEARING. THE PARTIES WAIVE ANY RIGHT TO TRIAL BY JURY AND WAIVE ANY RIGHT TO PARTICIPATE IN OR INITIATE CLASS ACTIONS; IF THE PARTIES CANNOT WAIVE THES E RIGHTS, THIS ENTIRE PARAGRAPH IS VOID. Services: “Service” or “Services” means all products and services, domestically and internationally, (including wireless, if applicable) AT&T provides Customer pursuant to this Agreement. Execution by Affiliates: An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name. Such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Aff iliates to comply with such separate, associated contract(s). An “Affiliate” of a party is any entity that controls, is controlled by or is under common control with such party. License and Other Terms: Software, Purchased Equipment and Third-Party Services (a service provided directly to Customer by a third party under a separate agreement between Customer and the third party ) may be provided subject to the terms of a separate license or other agreement between Customer and either the licensor, the third-party service provider or the manufacturer. Customer’s execution of the Pricing Schedule or placement of an Order for Software, Purchased Equipment or Third -Party Services is Customer’s agreement to comply with such separate agreement. Unless a Service Publication specifies otherwise, AT&T’s sole responsibility with respect to Third-Party Services is to place Customer’s orders for Third-Party Services, except that AT&T may invoice and collect payment from Customer for the Third-Party Services. Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term: Prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule term, including applicable extensions, (“Pricing Schedule Term”) and apply in lieu of corresponding prices in the applicable Service Publication. No promotions, credits, discounts or waivers set forth in a Service Publication apply. At the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) on a month-to-month basis at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days’ prior notice to Customer. MARC: Minimum Annual Revenue Commitment (“MARC”) is an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12-month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such period, Customer agrees to pay a shortfall charge equal to the difference between the MARC and the total of the applicable MARC-Eligible Charges, as defined in the applicable Pricing Schedule, incurred during such period, and AT&T may with hold contractual credits until Customer pays the shortfall charge. Termination and Termination Charges: Either party may terminate for material breach upon thirty (30) days’ prior written notice to the other party. If a Service or Service Component is terminated by Customer for convenience or by AT&T for cause prior to Cutover, Customer (i) agrees to pay any pre-Cutover termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of s uch specified charges, agrees to reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third-party charges resulting from the termination. If a Service or Service Component is terminated by Customer for convenience or by AT&T for cause after Cutover, Customer agrees to pay applicable termination charges as follows: (i) 50% of any unpaid recurring charges for the terminated Service or Service Component attributable to the unexpired portion of an applicable Minimum Payment Period (as defined in applicable Pricing Schedule); (ii) if termination occurs before the end of an applicable Minimum Retention Period (as defined in applicable Pricing Schedule), any associated credits or waived or unpaid non- recurring charges; and (iii) any charges incurred by AT&T from a third-party (i.e., not an AT&T Affiliate) due to the termination. The charges set forth in (i) and (ii) do not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if t he Minimum Payment Period or Minimum Retention Period, as applicable, (the “Minimum Period”) and associated charge for the replacem ent Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, Page 165 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda AT&T Multi-Service Agreement eMSA_UA_III_11/15/2017 respectively, and if the upgrade is not restricted in the applicable Service Publication. In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer agrees to pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. Billing and Disputes: If Customer does not dispute a charge in writing within 6 months after the invoice date, Customer waives the right to dispute. AT&T must issue a bill within six (6) months after charges are incurred (other than for automated or live operated assisted calls) or it waives the charges. At Customer’s request, but subject to AT&T’s consent (which may not be unreasonably withheld or withdrawn), Customer’s Affili ates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer’s Affiliates do not pay charges in accordance with this Agreement. Purchased Equipment: Except as specified in a Service Publication or Pricing Schedule, title to and risk of loss of equipment AT&T sells Customer (“Purchased Equipment”) pass to Customer on delivery to the transport carrier for shipment to Customer’s designated location. AT&T retains a purchase money security interest in all Purchased Equipment until Customer pays for it in full; Customer appoints AT&T as Customer’s agent to sign and file a financing statement to perfect AT&T's security interest. All Purchased Equipment is provided on an “AS IS” basis, except that AT&T passes through to Customer any warranties available from its suppliers, to the extent that AT&T is permitted to do so under its contracts with those suppliers. Privacy: Each party is responsible for complying with the privacy laws applicable to its business. AT&T shall require i ts personnel, agents and contractors around the world who process Customer personal data to protect such information in accordance with the data protection laws and regulations applicable to AT&T’s business. If Customer does not want AT&T to comprehend Cus tomer data to which it may have access in performing Services, Customer must encrypt such data to be unintelligible. Customer is responsible for obtaining consent from and giving notice to its users, employees and agents regarding Customer’s and AT&T’s collection and use of the User, employee or agent information in connection with a Service. Customer agrees to make accessible or provide Customer personal data to AT&T only if it has legal authority to do so. Trademarks and Publicity: Neither party will display or use the other party’s trade names, logos, trademarks, service marks or other indicia of origin, or issue public statements about this agreement or the Services, without the other party’s prior written consent. Governing Law: Unless a regulatory agency with jurisdiction over the applicable Service applies a different law, this Agreement is governed by the law of the State of New York, without regard to its conflict of law principles. The United Nations Convention on Contracts for International Sale of Goods will not apply. Page 166 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda AT&T MA Reference No. _____________ AT&T Contract ID No. SDNLH5DVYI AT&T SWITCHED ETHERNET SERVICESM (with NETWORK ON DEMAND) PRICING SCHEDULE PROVIDED PURSUANT TO CUSTOM TERMS UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 1 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 Customer AT&T City of Chula Vista Street Address: 276 Fourth Ave, Bldg C City: Chula Vista State/Province: CA Zip Code: 91910 Country: USA The applicable AT&T Service-Providing Affiliate(s) Customer Contact (for Notices) AT&T Contact (for Notices) Name: Jose Cisneros Title: Director ITS Street Address: 276 Fourth Ave, Bldg C City: Chula Vista State/Province: CA Zip Code: 91910 Country: USA Telephone: 6196008105 Email: jcisneros@chulavistaca.gov Name: Mark Davis Street Address: 1442 Edinger Ave City: Tusin State/Province: CA Zip Code: 92780 Country: USA Telephone: 7142648538 Email: md488c@att.com Sales/Branch Manager: SCVP Name: Congo Sales Strata: Sales Region: West With a copy (for Notices) to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Solution Provider or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: Country: USA Telephone: Email: Agent Code This Pricing Schedule for the service(s) identified below (Service) is part of the Agreement referenced above. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Printed or Typed Name: Printed or Typed Name: Title: Title: Date: Date: For AT&T internal use only: Contract Ordering and Billing Number (CNUM): Maria V. Kachadoorian City Manager Approved as to form By:_____________________________ Jill D.S. Maland Lousnbery Ferguson Altona & Peak Acting City Attorney Veronica Danao Contract Specialist, as signatory for AT&T Page 167 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 2 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 1.SERVICES Service Service Publication Location AT&T Switched Ethernet ServiceSM https://cpr.att.com/pdf/commonEthServGuide.html AT&T Switched Ethernet ServiceSM Third-Party Access (3PA) https://serviceguidenew.att.com/sg_flashPlayerPage/ASE3PA AT&T Switched Ethernet (TCAL) https://serviceguidenew.att.com/sg_flashPlayerPage/ASE Network on Demand https://cpr.att.com/pdf/publications/NOD_Guide.pdf AT&T Inside Wiring https://cpr.att.com/pdf/publications/ASE_Inside_Wiring_Service_Guide_Attachment.pdf AT&T Entrance Facility Construction https://cpr.att.com/pdf/service_publications/EFC_Attachment.pdf AT&T Managed Switched Ethernet on DemandSM http://serviceguidenew.att.com/sg_flashPlayerPage/AMSEOD 2.PRICING SCHEDULE TERM, EFFECTIVE DATES Pricing Schedule Term 60 months Start Date of Minimum Payment Period, per Service Component Later of the Effective Date or installation of the Service Component Rate Stabilization per Service Component Rates as specified in this Pricing Schedule for each Service Component are stabilized until the end of the Pricing Schedule Term. 3.MINIMUM PAYMENT PERIOD Service Components Percentage of Monthly Recurring Charge Applied for Calculation of Early Termination Charges Minimum Payment Period per Service Component All Service Components 50% plus any unpaid or waived non-recurring charges 60 months 3.1. Minimum Payment Period – Calculation of Early Termination Charges For services purchased through Network on Demand, the “Monthly Recurring Charge” used for the purposes of computing any appli cable termination liability (early termination charges) under the relevant service publication or the customer’s master agreement is determined as follows: (i) the total Monthly Recurring Charges payable for the terminated service for the three months prior to the date of terminat ion (or such shorter period as the terminated service had been installed if terminated less than three months after installation), divided by (ii) the number of days in such period, times (iii) 30 days. The Minimum Payment Period for CIR, CoS, or CIR and CoS Packages are coterminous with the Minimum Payment Period of the associated Customer Port Connection; however, early termination charges are not incurred as a result of changes to CIR, CoS, or CIR and CoS Packages while the associated Customer Port Connection is still in service. Page 168 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 3 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 4. ADDS; MOVES; and UPGRADES 4.1. Adds Orders for Service Components in excess of quantities listed Attachment A (“Adds”) permitted only as specified below: Service Components Permitted for Adds Site(s) Permitted for Adds Monthly Recurring Rates Non-recurring Charges Additional Requirements All Service Components listed in Attachment A Site(s) listed in Attachment A As provided in Section 5 As provided in Section 5, plus any additional special construction charges that may be assessed Adds must be installed no later than 06 months after Effective Date 4.2. Moves Per applicable Service Publication 4.3. Upgrades 4.3.1. Upgrades to a Higher Speed Customers may upgrade their CIR to a higher speed without incurring Termination Charges if such increases do not require phys ical changes to AT&T's equipment or connections at Customer Site(s). In addition, customers may upgrade their Class of Service without incur ring Termination Charges provided the upgrade does not include any reduction in the customer’s existing CIR. 4.3.2. Pricing for Service Reconfiguration - Increase in CIR or CoS* Service Components Monthly Recurring Rate and Non-recurring Charges Committed Information Rate (CIR) or Class of Service (CoS) specified in Attachment A As specified in Attachment A Committed Information Rate (CIR) or Class of Service (CoS) not specified in Attachment A 80% discount off of the Service Publication monthly recurring rates then in effect for the increased CIR/CoS for the EPP term equal to the Minimum Payment Period of the associated Customer Port Connection, or if no such EPP term exists then the next shorter EPP term *only increases which do not require physical changes to AT&T's equipment or connections at Customer Site(s) 5.RATES and CHARGES 5.1. AT&T SWITCHED ETHERNET SERVICE – 21-State AT&T ILEC Footprint 5.1.1. Initial Site and Service Configuration The initial sites and configuration of Services covered under this Pricing Schedule are identified on Attachment A . This Pricing Schedule is Customer’s initial order for the Services shown on Attachment A. Port Connections and CIR/CoS growth components are listed in section 5.1.2. 5.1.2. Monthly Recurring Charges (MRCs) All Monthly Recurring Charges (MRCs) apply per Customer Port Connection. The total MRC for a Customer Port Connection is the sum of the Customer Port Connection MRC, the Committed Information Rate MRC, and any associated feature MRC(s). Page 169 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 4 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 5.1.2.1. Customer Port Connection MRC COS Type Port Speed Approved MRC Price Basic 100 Mbps / 1 Gbps $150.00 Basic 10 Gbps $450.00 PPCOS 100 Mbps / 1 Gbps $189.76 PPCOS 10 Gbps $1,074.00 5.1.2.2. Bandwidth MRC CIR Speeds Non-Critical High Business Critical Medium Business Critical High Interactive Real Time Business Data Critical Data MultiMedia Standard MultiMedia High 2 Mbps $35.00 $35.00 $35.00 $44.25 $53.96 $130.73 $135.24 $191.59 $207.37 4 Mbps $50.95 $50.95 $50.95 $60.99 $71.54 $155.65 $160.23 $212.88 $228.90 5 Mbps $66.89 $66.89 $66.89 $77.73 $89.12 $169.30 $177.17 $216.54 $232.28 8 Mbps $82.84 $82.84 $82.84 $94.48 $106.70 $185.71 $192.72 $222.50 $238.27 10 Mbps $98.78 $98.78 $98.78 $111.22 $124.28 $195.24 $204.69 $267.67 $286.56 20 Mbps $114.73 $114.73 $114.73 $127.96 $141.86 $220.50 $230.76 $282.04 $302.55 50 Mbps $130.67 $130.67 $130.67 $144.70 $159.44 $258.82 $270.70 $323.52 $348.61 100 Mbps $151.08 $151.08 $151.08 $166.14 $181.94 $307.00 $323.16 $377.02 $403.95 150 Mbps $171.49 $171.49 $171.49 $187.57 $204.45 $435.84 $457.46 $499.05 $535.65 250 Mbps $191.91 $191.91 $191.91 $209.00 $226.95 $493.65 $518.33 $649.97 $697.70 400 Mbps $212.32 $212.32 $212.32 $230.43 $249.46 $545.27 $572.77 $702.21 $753.99 500 Mbps $232.73 $232.73 $232.73 $251.87 $271.96 $579.92 $608.76 $736.92 $791.39 600 Mbps $243.36 $243.36 $243.36 $263.03 $283.68 $669.92 $703.10 $829.50 $887.96 1000 Mbps $253.99 $253.99 $253.99 $274.19 $295.40 $769.06 $808.30 $933.85 $1001.34 2000 Mbps $103.50 $103.50 $103.50 $131.18 $160.23 $592.74 $613.88 $643.83 $675.55 2500 Mbps $177.92 $177.92 $177.92 $209.31 $242.28 $792.70 $823.50 $868.60 $917.00 4000 Mbps $252.33 $252.33 $252.33 $287.45 $324.32 $941.99 $981.52 $1036.86 $1100.10 5000 Mbps $326.75 $326.75 $326.75 $365.59 $406.37 $1105.63 $1153.77 $1221.16 $1298.19 7500 Mbps $401.17 $401.17 $401.17 $443.73 $488.41 $1660.97 $1738.34 $1846.65 $1970.44 9500 Mbps $475.58 $475.58 $475.58 $521.86 $570.46 $2195.53 $2301.03 $2448.73 $2617.54 10000 Mbps $550.00 $550.00 $550.00 $600.00 $652.50 $2275.33 $2385.03 $2538.61 $2714.14 Page 170 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 5 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 5.1.2.3. Feature MRC Feature MRC Enhanced Multicast $70.00 5.1.3. Non-Recurring Charges (NRCs) Standard Non-Recurring Charges (NRCs) for installation of new Customer Port Connections, per the applicable Service Publication, will be waived. 5.1.4. Additional Charges Charges for additional Service options may apply per Service Publication. Charges for special construction, if needed, may also apply. 5.2. AT&T SWITCHED ETHERNET SERVICE THIRD PARTY ACCESS (3PA) - Outside 21-State AT&T ILEC Footprint 5.2.1. Monthly Recurring Charges (MRCs) All Monthly Recurring Charges (MRCs) apply per Customer Port Connection. The total MRC for a Customer Port Connection is the sum of the Third-Party Access connection, local mileage MRC, the bandwidth MRC, and any associated feature MRC(s). Availability, Price Group and Access Mileage Group associated with Third Party Access are subject to change, based on the availability and pricing of access connections from the third-party providers. The Price Group and Access Mileage Group applicable to each Customer location are determined at the time of Customer’s order. 5.2.1.1. Third-Party Local Switched Access Connection MRC Port Speeds Port Type Group1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group 11 Group 12 2 Mbps Switched $95.85 $231.29 $486.35 $266.78 $333.70 $468.60 $530.00 $520.76 $468.60 $530.00 $475.70 $305.30 4 Mbps Switched $95.85 $244.29 $511.20 $289.52 $333.70 $468.60 $530.00 $520.76 $468.60 $530.00 $475.70 $305.30 5 Mbps Switched $95.85 $273.79 $525.40 $310.20 $333.70 $468.60 $530.00 $520.76 $468.60 $530.00 $475.70 $340.80 8 Mbps Switched $95.85 $316.29 $656.75 $321.48 $397.60 $500.55 $800.00 $525.95 $500.55 $800.00 $610.60 $340.80 10 Mbps Switched $95.85 $345.29 $656.75 $331.35 $397.60 $500.55 $800.00 $525.95 $500.55 $800.00 $610.60 $345.29 20 Mbps Switched $99.40 $402.29 $656.75 $425.82 $447.30 $643.26 $900.00 $677.69 $643.26 $900.00 $812.95 $521.85 50 Mbps Switched $99.40 $505.96 $908.80 $532.98 $603.50 $805.14 $965.00 $776.02 $805.14 $965.00 $1,015.30 $678.05 100 Mbps Switched $102.95 $744.67 $1,082.75 $672.10 $752.60 $1,015.30 $1,150.20 $1,093.80 $1,015.30 $1,150.20 $1,217.65 $947.85 150 Mbps Switched $106.50 $880.00 $1,441.30 $794.30 $1,124.00 $2,159.82 $2,159.82 $1,243.15 $2,159.82 $2,159.82 $1,689.80 $1,217.65 250 Mbps Switched $106.50 $1,021.52 $1,597.50 $1,103.56 $1,124.00 $2,159.82 $2,159.82 $1,433.85 $2,159.82 $2,159.82 $1,689.80 $1,217.65 400 Mbps Switched $106.50 $1,124.00 $1,881.50 $1,429.74 $1,124.00 $2,159.82 $2,159.82 $1,676.57 $2,159.82 $2,159.82 $2,027.05 $1,487.45 500 Mbps Switched $110.05 $1,166.66 $2,165.50 $1,676.96 $1,166.66 $2,533.28 $2,533.28 $1,823.26 $2,533.28 $2,533.28 $2,027.05 $1,487.45 600 Mbps Switched $113.60 $1,300.00 $2,307.50 $1,864.02 $1,300.00 $2,815.86 $2,815.86 $2,025.06 $2,815.86 $2,815.86 $2,296.85 $1,757.25 1000 Mbps Switched $113.60 $1,311.00 $2,520.50 $1,985.75 $1,311.00 $2,999.75 $2,999.75 $2,706.06 $2,999.75 $2,999.75 $2,296.85 $1,757.25 2 Mbps - 50 Mbps Dedicated $315.00 $885.00 $885.00 $1,200.00 $1,650.00 $2,050.00 $2,450.00 N/A N/A N/A N/A N/A >50 Mbps - 100 Mbps Dedicated $420.00 $1,320.00 $1,320.00 $1,500.00 $3,000.00 $4,000.00 $6,550.00 N/A N/A N/A N/A N/A >100 Mbps - 250 Mbps Dedicated $420.00 $1,320.00 $1,320.00 $1,500.00 $3,000.00 $4,000.00 $6,550.00 N/A N/A N/A N/A N/A Page 171 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 6 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 Port Speeds Port Type Group1 Group 2 Group 3 Group 4 Group 5 Group 6 Group 7 Group 8 Group 9 Group 10 Group 11 Group 12 >250 Mbps - 500 Mbps Dedicated $478.80 $1,800.00 $1,800.00 $2,750.00 $3,500.00 $4,600.00 $7,000.00 N/A N/A N/A N/A N/A >500 Mbps - 600 Mbps Dedicated $630.00 $3,098.00 $3,098.00 $4,500.00 $5,650.00 $7,200.00 $7,800.00 N/A N/A N/A N/A N/A 1000 Mbps Dedicated $120.70 $3,438.00 $3,438.00 $5,500.00 $7,400.00 $9,250.00 $10,250.00 N/A N/A N/A N/A N/A 10000 Mbps Dedicated $173.95 $6,250.13 $6,250.13 $7,500.00 $9,400.00 $11,000.00 $12,050.00 N/A N/A N/A N/A N/A Port Speeds Port Type Group 13 Group 14 Group 15 Group 16 Group 17 Group 18 Group 19 Group 20 Group 21 Group 22 Group 23 Group 24 2 Mbps Switched $642.55 $311.34 $535.24 $487.72 $327.72 $403.00 $426.67 $232.00 $243.57 $232.00 $252.67 $201.83 4 Mbps Switched $642.55 $373.33 $535.24 $487.72 $327.72 $437.36 $426.67 $245.00 $273.35 $245.00 $252.67 $236.99 5 Mbps Switched $642.55 $404.66 $535.24 $487.72 $327.72 $485.64 $426.67 $320.40 $372.75 $305.34 $252.67 $323.32 8 Mbps Switched $770.35 $438.67 $674.48 $684.76 $464.76 $485.64 $426.67 $345.43 $443.75 $334.80 $371.33 $323.32 10 Mbps Switched $770.35 $485.33 $674.48 $684.76 $464.76 $500.55 $426.67 $450.67 $568.00 $430.66 $371.33 $342.48 20 Mbps Switched $898.15 $628.67 $727.62 $1,060.19 $729.52 $643.26 $493.33 $550.00 $661.34 $509.33 $453.33 $451.61 50 Mbps Switched $1,093.40 $942.67 $852.38 $1,875.61 $1,382.28 $805.14 $680.00 $738.67 $1,085.15 $585.33 $549.77 $640.39 100 Mbps Switched $1,299.30 $1,126.00 $1,024.76 $2,528.95 $1,813.61 $1,015.30 $833.33 $866.67 $1,265.82 $745.34 $671.33 $1,106.09 150 Mbps Switched $1,686.25 $1,174.67 $1,552.39 $3,246.09 $2,498.76 $1,199.90 $1,120.00 $1,054.67 $1,624.51 $901.33 $812.67 $1,225.15 250 Mbps Switched $1,686.25 $1,271.33 $1,552.39 $4,765.14 $3,901.81 $1,667.08 $1,120.00 $1,252.00 $1,999.33 $1,035.00 $1,002.33 $1,424.57 400 Mbps Switched $1,945.40 $1,429.34 $1,552.39 $4,765.14 $3,901.81 $2,159.82 $1,120.00 $1,462.66 $2,332.00 $1,180.00 $1,246.67 $1,629.72 500 Mbps Switched $1,945.40 $1,450.00 $1,723.82 $5,250.10 $4,372.76 $2,533.28 $1,120.00 $1,601.06 $2,544.58 $1,265.33 $1,246.67 $1,813.15 600 Mbps Switched $2,204.55 $1,462.00 $1,835.24 $7,281.33 $6,248.67 $2,815.86 $1,400.00 $1,723.94 $2,645.88 $1,437.33 $1,400.00 $1,963.24 1000 Mbps Switched $2,595.05 $1,640.67 $2,106.67 $7,281.33 $6,248.67 $2,999.75 $1,400.00 $1,998.66 $2,798.00 $1,684.00 $1,400.00 $2,649.52 2 Mbps - 50 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >50 Mbps - 100 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >100 Mbps - 250 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >250 Mbps - 500 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A >500 Mbps - 600 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 1000 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10000 Mbps Dedicated N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Page 172 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 7 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 Port Speeds Port Type Group 25 Group 26 Group 27 Group 28 Group 29 Group 30 2 Mbps Switched $140.00 $118.67 $727.77 $232.00 $403.00 $756.07 4 Mbps Switched $220.00 $260.00 $727.77 $290.33 $437.36 $833.54 5 Mbps Switched $240.00 $260.00 $727.77 $313.00 $440.00 $897.87 8 Mbps Switched $286.67 $366.67 $727.77 $357.34 $445.00 $1,009.83 10 Mbps Switched $300.00 $366.67 $727.77 $406.67 $450.00 $1,134.86 20 Mbps Switched $380.00 $466.67 $734.44 $543.81 $550.00 $1,390.09 50 Mbps Switched $506.67 $666.67 $752.23 $664.38 $707.08 $1,699.89 100 Mbps Switched $773.33 $833.33 $799.67 $744.67 $899.73 $2,164.20 150 Mbps Switched $813.33 $886.67 $843.65 $921.33 $982.06 $2,500.00 250 Mbps Switched $933.33 $1,026.67 $1,123.77 $1,211.00 $1,200.00 $3,384.11 400 Mbps Switched $1,100.00 $1,026.67 $1,123.77 $1,211.00 $1,369.24 $3,600.00 500 Mbps Switched $1,100.00 $1,066.67 $1,254.85 $1,211.00 $1,403.09 $4,030.63 600 Mbps Switched $1,266.67 $1,200.00 $1,319.56 $1,311.00 $1,800.00 $5,500.00 1000 Mbps Switched $1,266.67 $1,453.33 $1,547.44 $1,311.00 $1,999.00 $5,636.21 2 Mbps - 50 Mbps Dedicated N/A N/A N/A N/A N/A N/A >50 Mbps - 100 Mbps Dedicated N/A N/A N/A N/A N/A N/A >100 Mbps - 250 Mbps Dedicated N/A N/A N/A N/A N/A N/A >250 Mbps - 500 Mbps Dedicated N/A N/A N/A N/A N/A N/A >500 Mbps - 600 Mbps Dedicated N/A N/A N/A N/A N/A N/A 1000 Mbps Dedicated N/A N/A N/A N/A N/A N/A 10000 Mbps Dedicated N/A N/A N/A N/A N/A N/A Page 173 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 8 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 5.2.1.2. Third-Party Local Switched Access Mileage MRC 60-month Term - Third-Party Local Switched Access Mileage MRC Price Groups Port Connection Speed Mileage A Mileage B Fixed Per Mile Fixed Per Mile 2 Mbps – 1000 Mbps $0.00 $110.05 $0.00 $110.05 Applicability of mileage will be determined during address qualification. 5.2.1.3. Third-Party Local Dedicated Access Mileage MRC 60 Month Term- Third Party Local Dedicated Access Mileage MRC Price Groups Port Connection Speed Mileage A Mileage B Mileage C Mileage D Mileage E Mileage F Mileage G Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile Fixed Per Mile 2 Mbps - 50 Mbps $189.85 $6.75 $0 $0 $315.95 $29.11 $315.95 $29.11 $0 $61.77 $0 $0 $0 $0 >50 Mbps - 100 Mbps $277.97 $9.02 $0 $0 $397.6 $36.21 $397.6 $36.21 $0 $66.74 $0 $0 $0 $0 >100 Mbps - 250 Mbps $277.97 $11.29 $0 $0 $397.6 $51.12 $397.6 $51.12 $0 $69.58 $0 $0 $0 $0 >250 Mbps - 500 Mbps $518.66 $16.97 $0 $0 $727.75 $94.43 $727.75 $94.43 $0 $98.69 $0 $0 $0 $0 >500 Mbps - 600 Mbps $822.61 $24.85 $0 $0 $1121.8 $203.06 $1121.8 $203.06 $0 $139.87 $0 $0 $0 $0 1000 Mbps $1296.11 $35 $202.35 $102.95 $2403.35 $348.61 $2403.35 $348.61 $0 $155.49 $0 $0 $0 $0 10000 Mbps $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Page 174 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 9 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 5.2.1.5. Third-Party Bandwidth MRC CIR Speed Non-Critical High Business Critical Medium Business Critical High Interactive RealTime 2 Mbps $67.22 $69.30 $72.77 $76.23 $79.70 4 Mbps $69.84 $72.00 $75.60 $79.20 $82.80 5 Mbps $72.02 $74.25 $77.96 $81.68 $85.39 8 Mbps $74.21 $76.50 $80.33 $84.15 $87.98 10 Mbps $78.57 $81.00 $85.05 $89.10 $93.15 20 Mbps $87.30 $90.00 $94.50 $99.00 $103.50 50 Mbps $139.68 $144.00 $151.20 $158.40 $165.60 100 Mbps $209.52 $216.00 $226.80 $237.60 $248.40 150 Mbps $261.90 $270.00 $283.50 $297.00 $310.50 250 Mbps $305.55 $315.00 $330.75 $346.50 $362.25 400 Mbps $392.85 $405.00 $425.25 $445.50 $465.75 500 Mbps $436.50 $450.00 $472.50 $495.00 $517.50 600 Mbps $523.80 $540.00 $567.00 $594.00 $621.00 1000 Mbps $654.75 $675.00 $708.75 $742.50 $776.25 2000 Mbps $1,222.20 $1,260.00 $1,323.00 $1,386.00 $1,449.00 2500 Mbps $1,484.10 $1,530.00 $1,606.50 $1,683.00 $1,759.50 4000 Mbps $2,182.50 $2,250.00 $2,362.50 $2,475.00 $2,587.50 5000 Mbps $2,619.00 $2,700.00 $2,835.00 $2,970.00 $3,105.00 7500 Mbps $2,880.90 $2,970.00 $3,118.50 $3,267.00 $3,415.50 9500 Mbps $2,968.20 $3,060.00 $3,213.00 $3,366.00 $3,519.00 10000 Mbps $3,055.50 $3,150.00 $3,307.50 $3,465.00 $3,622.50 5.2.2. Additional Charges Charges for associated features or additional Service options may apply per Service Publication. Page 175 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 10 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 5.3 AT&T MANAGED SWITCHED ETHERNET ON DEMAND 5.3.1. Monthly Recurring Charges AT&T Managed Switched Ethernet on Demand-Plus MRC – 60 month Managed Router* Committed Information Rate (CIR) MRC 100 Mbps up to 100 Mbps $134.00 100 Mbps $134.00 1 Gbps $142.00 100 Mbps to 150 Mbps $171.00 250 Mbps to 400Mbps $299.00 500 Mbps to 1000 Mbps $310.00 10 Gbps up to 1000 Mbps $361.00 2000 Mbps to 5000 Mbps $534.00 7500 Mbps to 10000 Mbps $754.00 *Managed Router priced according to ASEoD port capacity. AT&T Managed Switched Ethernet on Demand-Premium MRC – 60 month Managed Router* Committed Information Rate (CIR) MRC 100 Mbps up to 100 Mbps $165.00 100 Mbps $165.00 1 Gbps $175.00 100 Mbps to 150 Mbps $210.00 250 Mbps to 400Mbps $365.00 500 Mbps to 1000 Mbps $435.00 10 Gbps up to 1000 Mbps $525.00 2000 Mbps to 5000 Mbps $625.00 7500 Mbps to 10000 Mbps $825.00 *Managed Router priced according to ASEoD port capacity. 6. SPECIAL TERMS, CONDITIONS or OTHER REQUIREMENTS 6.1. Special Conditions for 10 Gbps Customer Port Connections With respect to 10 Gbps Ports, Customer may use the Business Center Portal to order such Ports, to request and schedule changes to the CIR (subject to the port configurations shown in Attachment A, Table 2) or CoS of such Ports, or to establish or change EVCs associated with such Ports. Real Time Class of Service is not available for EVCs exceeding 1000 Mbps. EVCs exceeding 1000 Mbps are subject to network availability. Page 176 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 11 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 ATTACHMENT A RATES and CHARGES; INITIAL SERVICE COMPONENTS, SITE and SERVICE CONFIGURATION City of Chula Vista A-1. Rates and Charges; Initial Order Quantities Service Components Quantity New MRC, per Unit 500 Mbps CIR - Business Critical HIGH - Basic Only / R6ETX 1 $232.73 Customer Port Connection - 10 Gbps – Basic / EYQGX 2 $450.00 2000 Mbps CIR - Business Critical HIGH - Basic Only / R61BX 2 $103.50 50 Mbps CIR - Business Critical HIGH - Basic Only / R6EHX 21 $130.67 Customer Port Connection - 1 Gbps – Basic / EYQFX 22 $150.00 A-2. Minimum Quantity New Commitment Required Installation Date Monthly Shortfall Charge Within six (6) months after the Effective Date, excluding AT&T delay 50% of MRC (partial months prorated) for each “Quantity New” Service Component not installed by Required Installation Date until installed or, if not installed, until the end of the Pricing Schedule Term A-3. Initial Sites and Service Configuration Jurisdiction: By selecting AT&T Switched Ethernet Service provided as interstate access service, Customer acknowledges and certifies that the interstate traffic (including Internet and international traffic) constitutes more than ten percent (10%) of the total traffic on any Service. Internet and International traffic are always considered interstate. The nature of the traffic, not merely the physical endpoints of the facility, determines whether the Port is Interstate or Intrastate. Table 1. Complete a line for each Customer Port Connection Port ID # Street Address City State AL - MN State MO - WA State WV - WY Jurisdiction Geographic Location 1 80 East J Street Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 2 100 Moss St Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 3 850 Paseo Ranchero Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 4 341 Orange Avenue Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 5 605 Mt Miguel Road Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 6 1640 Santa Venetia Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 7 1180 Woods Drive Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 8 1410 Brandywine Ave Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 9 1715 Millenia Avenue Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 10 130 Beyer Way Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 11 1800 Maxwell Road Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 12 315 Fourth Avenue Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 13 276 Fourth Ave Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 14 1381 East Palomar St Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint Page 177 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 12 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 Port ID # Street Address City State AL - MN State MO - WA State WV - WY Jurisdiction Geographic Location 15 1420 Loma Lane Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 16 270 F St Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 17 840 Duncan Ranch Road Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 18 1301 Oleander Ave Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 19 3554 Main St Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 20 373 Park Way Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 21 2710 Otay Lakes Road Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 22 785 East Palomar St Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 23 357 G St Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint 24 1000 Gunpowder Point Dr Chula Vista CA [Select] [Select] Intrastate Within 21 State ILEC Footprint Table 2. Service Components and Features associated with Customer Port Connections identified above within the 21-State ILEC Footprint. This Pricing Schedule shall constitute Customer’s order for Service at the locations listed below. Port ID # Customer Port Connection Speed CIR Speed CIR Speed for Ports 10 Gbps & Above Class of Service Add’l MAC Addresses Enhanced Multicast 1 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 2 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 3 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 4 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 5 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 6 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 7 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 8 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 9 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 10 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 11 1 Gbps Basic 500 Mbps N/A Bus. Critical - High No No 12 10 Gbps Basic N/A 2000 Mbps Bus. Critical - High No No 13 10 Gbps Basic N/A 2000 Mbps Bus. Critical - High No No 14 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 15 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 16 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 17 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 18 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 19 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 20 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 21 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 22 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No Page 178 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda WK# - TBD Please sign by April 17, 2024. For AT&T Administrative Use Only Pricing Schedule No. __________ Original Effective Date: __________ AT&T Switched Ethernet ServiceSM (with Network On Demand) Pricing Schedule Provided Pursuant to Custom Terms UA Required ROME SR#: 1-MJF6OFW RLR: 1491702.1.1 AT&T and Customer Confidential Information Page 13 of 13 [ASE_NoD_custom] PS 051123 AT&T Solution No. ___________ REV CT-Owner: MP618D 10.27.23 Port ID # Customer Port Connection Speed CIR Speed CIR Speed for Ports 10 Gbps & Above Class of Service Add’l MAC Addresses Enhanced Multicast 23 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No 24 1 Gbps Basic 50 Mbps N/A Bus. Critical - High No No Table 3. Service Components and Features associated with Customer Port Connections identified above outside the 21 State ILEC Footprint. This Pricing Schedule shall constitute Customer’s order for Service at the locations listed below. Port ID # Access Type Customer Port Connection Speed Access Price Group Access Mileage Group Access Mileage CIR Speed Class of Service 1 [Select] [Select] [Select] Select [Select] End of Document Page 179 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda From: alan mil < Sent: Friday, November 24, 2023 1:47 PM 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 @Chula Vista City Clerk - Please Enter Public Record Under Agenda 6 Public Comment Nov 28 Meeting. The Powerpoint Attachments are one slide each the files named for each agenda; please verify both functioning for public speaking under AGENDA 5.9 AND AGENDA 6 PUBLIC SPEAKING COPY TO NEWS MAYORS SENATORS SANDAG BOARD SAN DIEGO SUPERVISORS CHULA VISTA CITY COUNCIL BCC TO CONSTITUENTS PAYING TOO MUCH TAX TUESDAY SPEAK AGENDA 4.1 / NON AGENDA 6 TO STOP WATER RATE INCREASE PRESENTATION RATE INCREASE AGENDA 4.1 ALLOW PUBLIC COMMENT WHILE BOARD PRESENT! TUESDAY NOV 28 Chula Vista City Council Meeting 5PM 276 FOURTH AVENUE CHULA VISTA CA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=944aad36-884f-4db9-9b10- d7d50f634701&Agenda=Agenda&lang=English WATER AUTHORITY IS COPYING SDGE FLAT RATE CHARGE EVEN NO WATER USED ON TOP OF WATER USAGE CHARGE INCREASE CITY CANNOT CHARGE FOR NO PRODUCT IT IS A TAX! MAYOR CITY ENTIRE COUNCIL Public Comments Curry - Received 11/27/23 Page 180 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda JOSE PRECIADO FORMER WATER BOARD WILL YOU ATTEND HEARING STOP RATE INCREASE? WATER RATE HEARING DECEMBER 6 2023 AT 5PM 505 GARRETT AVE CHULA VISTA ATTEND IN PERSON OR ZOOM https://www.sweetwater.org/agendas IF YOU DO NOT SPEAK YOUR NEIGHBORHOOD NEXT! SPEAK AGENDA 5.5 MIX USE GOVERNMENT HOUSING WHO WANTS TO LIVE NEXT NOISY SHOPPING? WHERE IS PRESENTATION SO PUBLIC CAN SEE? Look At Old Sears Building Hst Mall Becoming Congested Housing SPEAK AGENDA 5.9 E AND 3RD DESTROY SUBURBS NEXT DOOR TAX FUNDED SEVEN STORY GOVERNMENT HOUSING Waiver of Development Impact Fees: Waiving Parkland Acquisition Fees, Parkland Development Fees, and Residential Construction Tax for the Proposed 55-Unit Congregational Suites Senior Affordable Housing Project SPEAK PUBLIC HEARING 7.1 HUD GRANT MORE TAX FUNDS RIP OUT SUBURBS ASK THESE HOMEOWNERS K AND 3RD LIVED THERE FOR DECADES SIX STORY GOVERNMENT HOUSING PLACED BACK YARD SENIOR LIVING SIX STORY LIE - IGNORES SENIORS HOMES RUINED https://www.mountainwest.com/development Public Comments Curry - Received 11/27/23 Page 181 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Public Comments Curry - Received 11/27/23 Page 182 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Public Comments Curry - Received 11/27/23 Page 183 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda @CITY CLERK - PLEASE ENTER ENTIRE EMAIL INCLUDING FORWARDED EMAIL AND PDF INTO PUBLIC RECORD COMMENT UNDER PRESENTATION 4.1. NOV 28 MEETING COPY TO LOCAL NEWS MAYOR CITY COUNCIL BCC TO CONSTITUENTS PAYING TOO MUCH ATTACHMENT PDF SWEETWATER AUTHORITY WATER RATE INCREASE Good Morning, TODAY NOV 28 5PM AGENDA 4.1 CHULA VISTA CITY HALL WATER BOARD PRESENTATION WATER BILL RATE INCREASE PUBLIC INVITED SPEAK IF WATER BILL GOES UP AFFECTS ALL STORES PRODUCT GO UP IN PRICE COUNCIL PRECIADO FORMER WATER BOARD ENTIRE CITY COUNCIL AND MAYOR PLEASE ATTEND HEARING NEXT MONTH DETAILS FORWARDED EMAIL BELOW OTAY WATER AND OTHER DISTRICT RESIDENTS YOU COULD BE NEXT. DO NOT BE FOOLED BY FALSE CLAIM FALLBROOK AND RAINBOW VOTED LEAVE SAN DIEGO WATER NOV 7 SAN DIEGO CITY COUNCIL APPROVED WATER RATE INCREASE BEFORE NOV 7 CHULA VISTA SWEET WATER NOTICE RAISE RATES SENT OUT MONTHS AGO ---------- Forwarded message --------- Date: Fri, Nov 24, 2023 at 1:46 PM Subject: Fwd: City of Chula Vista: Notice of Agenda @Chula Vista City Clerk - Please Enter Public Record Under Agenda 6 Public Comment Nov 28 Meeting. The Powerpoint Attachments are one slide each the files named for each agenda; please verify both functioning for public speaking under AGENDA 5.9 AND AGENDA 6 PUBLIC SPEAKING COPY TO NEWS MAYORS SENATORS Public Comments - Curry Received 11/28/2023 Page 184 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SANDAG BOARD SAN DIEGO SUPERVISORS CHULA VISTA CITY COUNCIL BCC TO CONSTITUENTS PAYING TOO MUCH TAX TUESDAY SPEAK AGENDA 4.1 / NON AGENDA 6 TO STOP WATER RATE INCREASE PRESENTATION RATE INCREASE AGENDA 4.1 ALLOW PUBLIC COMMENT WHILE BOARD PRESENT! TUESDAY NOV 28 Chula Vista City Council Meeting 5PM 276 FOURTH AVENUE CHULA VISTA CA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=944aad36-884f-4db9-9b10- d7d50f634701&Agenda=Agenda&lang=English WATER AUTHORITY IS COPYING SDGE FLAT RATE CHARGE EVEN NO WATER USED ON TOP OF WATER USAGE CHARGE INCREASE CITY CANNOT CHARGE FOR NO PRODUCT IT IS A TAX! MAYOR CITY ENTIRE COUNCIL JOSE PRECIADO FORMER WATER BOARD WILL YOU ATTEND HEARING STOP RATE INCREASE? WATER RATE HEARING DECEMBER 6 2023 AT 5PM 505 GARRETT AVE CHULA VISTA ATTEND IN PERSON OR ZOOM https://www.sweetwater.org/agendas -------- IF YOU DO NOT SPEAK YOUR NEIGHBORHOOD NEXT! SPEAK AGENDA 5.5 MIX USE GOVERNMENT HOUSING WHO WANTS TO LIVE NEXT NOISY SHOPPING? WHERE IS PRESENTATION SO PUBLIC CAN SEE? Look At Old Sears Building Hst Mall Becoming Congested Housing Public Comments - Curry Received 11/28/2023 Page 185 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SPEAK AGENDA 5.9 E AND 3RD DESTROY SUBURBS NEXT DOOR TAX FUNDED SEVEN STORY GOVERNMENT HOUSING Waiver of Development Impact Fees: Waiving Parkland Acquisition Fees, Parkland Development Fees, and Residential Construction Tax for the Proposed 55-Unit Congregational Suites Senior Affordable Housing Project SPEAK PUBLIC HEARING 7.1 HUD GRANT MORE TAX FUNDS RIP OUT SUBURBS ASK THESE HOMEOWNERS K AND 3RD LIVED THERE FOR DECADES SIX STORY GOVERNMENT HOUSING PLACED BACK YARD SENIOR LIVING SIX STORY LIE - IGNORES SENIORS HOMES RUINED https://www.mountainwest.com/development Public Comments - Curry Received 11/28/2023 Page 186 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Public Comments - Curry Received 11/28/2023 Page 187 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda From: john acosta < Sent: Tuesday, November 28, 2023 10:56 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: 2 jpag pictures WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Good Morning I do hope that these 2 pictures are posted on the big screen Thank You in advance Very Respectfully, John Public Comments - Acosta Received 11/28/2023 Page 188 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Public Comments - Acosta Received 11/28/2023 Page 189 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Public Comments - Acosta Received 11/28/2023 Page 190 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 191 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 0 Writtor mmulllcgItem #Name ias.o CHULA VISTA, CA 91910 gmI r- Honorable Mayor &City Council 11 /26/23 I am h.ere to again remm.d y"ou. thCa-st- Lo s and/or Tenants with $5,000.00 daily fines for Cksi.m-ple clerical errors bsolutel: devastates re"t'ite,irit I a Vy4 J7./ ia. Ily raise rents, fi rclti.,q Landlords to Octast k', You ha-ve. received the fifteen "'t-leport. conta'1*n'-'1*n_'.g dataS10 _ 1-s 1:"A N e *d,esuppfi*ed by City taff outfil'Ung I. 1-aarlyt-l"Itve Sj Effects of The Tenant.rrotectlon Ordin-an-ce In, ord`c.---!4.r to a A confinn. that every word. hi -this report ts true and accurate you bave also received. codp'l*es of the "Tenanl Protect Ordinance ail -,d- the "l"'enant Protecfloii Ordinan.ce ions' - Z:) also here this evennig to confirm you have req,tiested. staff to verl'.fy all. th-e lnlornlatlon. lti_ t',J`._-ie _.' 10.-_- epo'.rt Is accut-ate and have histructed, staff to prepare a plan to A 11Atylod- the TPO. If staff has not yet beeti please do so toniaht. Z= atAlthoughTheTPOcontai*ns _mar_)v clauses wh-1-ch are det6niental to Chula Vt*s,ta retiters-, the follownig two Clauses are absolutely d.ev'a,,stafi"n(..--',y to tenants. 4..,' Page 1 of 3 Page 192 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda lause 9.65,06'OE states f a tenant terminates their lease and moves awav, "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 Rt uIcons&" Failure to accuratelv comply ca -se of si.m le4VP clerl*.cal errors results i*.n Tenants and/or Oxvners Alb` ject 5,000-00 d-a.I*.]--v fines WITH NO OPPOR'I"U'l-NITY TO MAKE CORRECTION'S. (See Clause below) C,:Iause -9.65.080(.72, States., "Civil penalties for, violations of this chapter may be assessed at a rate not to exce,,,,.,,,--,', MAQ000 r violation ner da When a violation occuffsPY a warntng or notice to cure must9iF1K1YYY!FYe°7l.(t13ll KM. 'k}.W heVul fint be given .Dream nisrtv l, J,110 penal v maybe issueu. Bi*ngo.l... make fi e Well- meanino, Landlords and Ten -ants sho-uld receive a -vv arni n g if a l . cad. error has been made. A ti't'lim-ination of the fiv-e words -underl.]*-ned. above 'would correct the matter anov da means for Landlord to red-twe rents by hundreds of dollarsl 0 Once conscientious Owners and/orTenants are infotined, j Y W4 I Iftheirviolatl*0_11, the *11 gadly come into compt-tance, wh.I*I-e unscrtip-ulo-us Owners and/or Tenants will aftempt to Page 193 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda find a way to circumvent the law. This si-mplifies the process of 1*d.en.-tl*f /i.ng ceind levy.i. ng- fines agalinst "Bad Actors". wl*l.tt mt to meet with. you next Co-ancil Meeting inmoo, order t mon.1for your progrels.s co the harm.fu` p , eff"ects of The "'I Po,l. Ti,-,rcin-k You. Page 3 of 3 Page 194 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 195 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 196 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 197 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 198 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 199 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 200 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE HUD Entitlement Grants and Appropriation: Adopt a Second Amendment to the U.S. Department of Housing and Urban Development Fiscal Year 2023/24 Annual Action Plan, Amend Subrecipient Agreement with SBCS Corporation, and Appropriate Funds Report Number: 23-0307 Location: 333 Oxford Street Department: Housing and Homeless Services Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures). Under the National Environmental Policy Act (NEPA), the activity is exempt pursuant to Title 24, Part 58.35 (a)(3)(iii) of the Code of Federal Regulations. Recommended Action Adopt a resolution approving the Second Amendment to the U.S. Department of Housing and Urban Development Annual Action Plan to (1) allocate Community Development Block Grant (CDBG) funds for the renovation of facilities at Lauderbach Park, (2) authorize the City Manager or her designee to negotiate and execute documents consistent with the proposed activities, (3) amend the existing subrecipient agreement with SBCS Corporation, and (4) appropriate funds for that purpose (4/5 Vote Required). SUMMARY The City of Chula Vista’s Annual Action Plan is a document required annually by the U.S. Department of Housing and Urban Development to describe the funding strategy for use of various entitlement funds. Any significant funding changes to the approved Action Plan constitute a Substantial Amendment and must be approved by City Council. This Resolution would amend the 2023-24 Annual Action Plan to allocate Community Development Block Grant funds for a second phase of improvements at Lauderbach Park, located at 333 Oxford Street. Page 201 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 2 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 proposed Action Plan Amendment qualifies for a Categorical Exemption pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 Class 3 (New Construction or Conversion of Small Structures) because the proposed actions would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.35 (a)(3)(iii) of the Code of Federal Regulations. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION As a U.S. Department of Housing and Urban Development (“HUD”) entitlement community, the City receives annual funds through three block grant programs: HOME Investment Partnerships Program (“HOME”), Community Development Block Grant (“CDBG”), and Emergency Solutions Grant (“ESG”). In connection with the programs, the City must adopt and follow a five-year Consolidated Plan and an Annual Action Plan for the activities and disbursement of funds. The 2023-24 Action Plan was adopted by Council on May 9, 2023, pursuant to City Council Resolution No. 2023-045, and submitted to HUD shortly thereafter. It was approved by HUD on September 14, 2023. A first amendment to the 2023-24 Annual Action Plan was approved by Council on October 17, 2023 by Resolution No. 2023-166. The City owns Lauderbach Park, located at 333 Oxford Street, which contains a community center with a kitchen. Lauderbach Park recently underwent outdoor renovations with funding from local sales taxes (Measure P) and a state grant. Separately, the community center within Lauderbach Park is being renovated with $440,000 in CDBG funds through subrecipient SBCS Corporation (“SBCS”). The improvements include upgrades to the plumbing and electrical systems as well as replacement of the fire system, flooring, and hood. The kitchen is being upgraded to commercial standards to support nutrition education and life skills programming for low-income community members. The initial $440,000 for the kitchen improvements was approved in the 2022-2023 Annual Action Plan on July 19, 2022 via Resolution No. 2022-161 for $392,000 and a subsequent amendment on February 14, 2023 via Resolution No. 2023-012 for $48,000. Since those approvals, due to increases in construction costs and additional needed improvements to the facility, the total construction costs related to the kitchen and surrounding improvements has increased to an up to amount of $630,000, requiring an amendment to the SBCS Subrecipient Contract No. 2022-105, per Attachment 1, to increase the not to exceed amount by $190,000 and extend the completion date to June 30, 2024. Funding Source Amount CDBG - Resolution No. 2022-161 $392,000 CDBG - Resolution No. 2023-012 $ 48,000 CDBG – current request $190,000 Total $630,000 Page 202 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 3 Tonight’s action would serve as a Second Amendment to the 2023-24 Action Plan to appropriate $190,000 in funding for a second phase of Lauderback Park Improvements. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action at 333 Oxford Street. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). CURRENT-YEAR FISCAL IMPACT This action will allocate $190,000 in available awarded CDBG funds to the renovation and infrastructure improvements for the Lauderbach Park Community Center kitchen. City Activity/Program Agency Funding Lauderbach Park Community Center Training Kitchen Improvements SBCS Corporation $190,000 The project budget has been updated to reflect the changes below: Budget Line Item Amount ($) Design 13,325.26 Demolition 8,922.00 Structural Concrete 10,859.00 Wood Framing 10,100.00 Finish Carpentry 17,708.00 Thermal Insulation 4,459.00 Built Up Bituminous Roofing 5,200.00 Plaster and Gypsum Board Assemblies 14,200.00 Fluid-Applied Flooring 14,895.00 Painting 4,675.00 Food Cooking Equipment 96,793.00 Residential Plumbing Fixtures 112,671.00 HVAC 46,900.00 Common Work Results for Electrical 45,150.00 Planting Irrigation 2,000.00 Subcontractor Costs 389,332.00 General Conditions 161,666.00 General Liability Insurance 8,343.00 Contractor’s Fee 45,163.00 Bond Cost 0 9/23 Change Order – Reduction in Appliances (41,117.35) 9/23 Change Order – Miscellaneous Increases 4882.458,999.80 Total $627,911.71$622,711.71 Page 203 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 4 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City’s General Fund as a result of this action, as all costs are associated with the administration of the CDBG program and are covered by CDBG funding. ATTACHMENTS 1. First Amendment to SBCS Corporation Subrecipient Agreement No. 2022-105 2. Second Amendment to the 2023/24 Annual Action Plan Staff Contact: Stacey Kurz, Director of Housing and Homeless Services Mark Barnard, Management Analyst Page 204 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SECOND AMENDMENT TO THE 2023/24 UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ANNUAL ACTION PLAN, AMENDING EXISTING SUBRECIPIENT AGREEMENT WITH SBCS CORPORATION, AND APPROPRIATING FUNDS THEREFOR WHEREAS, on May 9, 2023, the City Council approved submittal of the 2022/23 Annual Action Plan (the “Plan”) via City Council Resolution No. 2023-045 and authorized submittal to the U.S. Department of Housing and Urban Development (“HUD”) for the Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), and Home Investment Partnerships Program (“HOME”); and WHEREAS, a first amendment to the 2023-24 Annual Action Plan was approved by Council on October 17, 2023 by Resolution No. 2023-166; and WHEREAS, the City owns Lauderbach Park, located at 333 Oxford Street, which contains a community center operated and maintained by SBCS Corporation (“SBCS”), a subrecipient of HUD funds; and WHEREAS, the City previously identified the community center as in need of renovation and for programming opportunities surrounding nutrition education; and WHEREAS, the City previously provided $392,000 in CDBG funding to SBCS to carry out the improvements, pursuant to City Council Resolution No. 2022-161, and an additional $48,000 in CDBG funding, pursuant to City Council Resolution No. 2023-012 as documented in Subrecipient Agreement No. 2022-105 for a not to exceed $440,000; and WHEREAS, due to increased costs related to improvements of the training kitchen and resulting facility needs the City and SBCS have now identified a second phase of needed improvements totaling up to $190,000; and WHEREAS, Federal regulations governing the CDBG grant funding programs state that programmatic and funding changes to the Annual Action Plan constitute a Substantial Amendment to the Plan; and WHEREAS, in compliance with HUD regulations, an Action Plan Substantial Amendment requires a 30-day public review and comment period, and such period began on November 10, 2023 and will conclude on December 10, 2023; and Page 205 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Resolution No. Page 2 WHEREAS, no comments were received prior to the date of this resolution and any comments received after will be incorporated in the final Action Plan Second Amendment prior to submittal to HUD; and WHEREAS, Funds appropriated to the proposed activities are available to be drawn from unallocated HUD grant funds; and WHEREAS, the First Amendment to the 2023/24 Annual Action Plan was previous approved by Council on October 17, 2023 and submitted to HUD. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby authorizes the Second Amendment to the 2023/24 HUD Annual Action Plan, in the form presented in Exhibit 1, and authorizes the submission of the Substantial Amendment to the United States Department of Housing and Urban Development; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes the appropriation of $190,000 in CDBG funds for the renovation and infrastructure improvements of the Lauderbach Park Community Center kitchen further described in Exhibit 1 to this resolution; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes the City Manager or her designee to execute all other documents necessary to carry out these activities. Presented by Approved as to form by Stacey Kurz Jill D.S. Maland Director, Department of Housing and Lounsbery Ferguson Altona & Peak Homeless Services Acting City Attorney Page 206 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Resolution No. Page 3 EXHIBIT 1 Second Amendment to City of Chula Vista 2023-24 Annual Action Plan Grant Program Proposed Project Amount CDBG Lauderbach Kitchen Rehab $ 190,000.00 $ 190,000.00 Page 207 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FIRST AMENDMENT TO THE CONTRACT FOR MANAGEMENT AND IMPLEMENTATION OF A COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT 2022-2023 This 2023-XXX FIRST2023-295 FIRST AMENDMENT “Amendment” is entered into effective as of September 1, 2023 “Effective Date” by and between the City of Chula Vista (“City”) and SBCS Corporation “Consultant” with reference to the following facts: RECITALS WHEREAS, City and Consultant previously entered into a Attachment 1 - CIP Lauderbach CDBG Subrecepient Agmt 1st Amendment.docxCIP Lauderbach CDBG Subrecipient Agreement “Original Agreement” on March 21, 2023 by Agreement No. 2022-105; and WHEREAS, City and Consultant desire to amend the Agreement to increase the not to exceed amount to $630,000 and extend the contract period until June 30, 2024, as more specifically set forth below; and 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. Article II.A. 1 “Amounts” and Article II.A.4 “Compensation Schedule” are amended to a not to exceed maximum reimbursement of $630,000.00 and a final cost incurrence date of June 30, 2024, respectively. 2. Attachment B, entitled 2022-2023 SCOPE OF WORK AND BUDGET is hereby attached hereto and incorporated herein by this reference. 3. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 4. Each party represents that it has full right, power and authority to execute this 2023-XXX FIRST2023- 295 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 208 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SIGNATURE PAGE TO 2023-XXX FIRST2023-295 FIRST AMENDMENT TO ATTACHMENT 1 - CIP LAUDERBACH CDBG SUBRECEPIENT AGMT 1ST AMENDMENT.DOCXCIP LAUDERBACH CDBG SUBRECIPIENT AGREEMENT SBCS CORPORATION CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ KATHRYN LEMBO MARIA V. KACHADOORIAN PRESIDNT & CEO CITY MANAGER ATTEST BY: _________________________________ KERRY K. BIGELOW, MMC CITY CLERK APPROVED AS TO FORM BY: _______________________________ Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 209 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda ATTACHMENT “B” 2022-2023 SCOPE OF WORK AND BUDGET SUBRECEIPIENT AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND SBCS CORPORATION CONTRACT NUMBER: 108 HUD PROJECT ID: 1216 A. ACTIVITIES 1. General: SBCS Corporation hereinafter, “Subrecipient”) will be responsible for administering a Community Development Block Grant (CDBG) program (CFDA 14-218) entitled, CIP - Lauderbach in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds consistent with regulations governing Public Services [(§570.201(e)] which applies specifically to services rendered to Homeless persons (must meet HUD definitions)[HUD Eligibility Matrix Code 03 - Public Fac. & Impvm'ts - 570.201(c). 2. Program Delivery: The Subrecipient will carry out the following specific activities as part of the program: a. Ensure that marketing material acknowledges the City of Chula Vista and the Department of Housing and Urban Development’s support; b. Services to be provided are in compliance with the program Policies and Procedures Manual, attached hereto. c. Additionally, the the program will provide the following outcomes: Outcome 1 Upgrade plumbing Outcome 2 Update electrical systems Outcome 3 Replace hood, including roof, and fire system Outcome 4 Remove and replace floor Outcome 5 Refinish floor and wall painting 3. Income Benefit Goals: It is anticipated that approximately Approximately 4,300 low-mod individuals will be served will be served over the course of this 12 month Agreement. In addition to the required quarterly reports identified in Section 12 of this contract, the Subrecipient shall document all clients served to ensure that at least 51 percent of those served are at or below 80 percent of the Area Median Income as established by the U.S. Department of Housing and Urban Development (HUD). This information is to be collected and compiled at the end of the each City of Chula Vista fiscal year (June 30th) for five (5) years, and shall be submitted to the City of Chula Vista Housing Department upon receipt of a written request and at the time of any monitoring of project records. C. NATIONAL OBJECTIVES: All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgen cy, as defined in 24 CFR 570.208. The Subrecipient certifies that the activity/activities carried out under this Agreement will meet the National Objective of benefitting 4,300 Low Moderate Clientele (LMC): A minimum of clients served must be documented as Low/Moderate income as defined by HUD. Page 210 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda D. PERFORMANCE MONITORING: The Grantee will monitor the performance of the Subrecipient against goals and performance standards as stated above. Substandard performance as determined by t he Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, suspension or termination procedures will be initiated. E. ESTIMATED TIME SCHEDULE: SUBRECIPIENT will make all good faith and reasonable efforts to fulfill the project by June 30, 2024, or earlier. E. BUDGET: SUBRECIPIENT shall make all good faith and reasonable efforts to complete the work under this contract within the following estimated budget. In no case shall SUBRECIPIENT be entitled to, nor shall City reimburse SUBRECIPIENT, more than $625630,000.00 to be budgeted as follows: Budget Line Item Amount ($) Design 13,325.26 Demolition 8,922.00 Structural Concrete 10,859.00 Wood Framing 10,100.00 Finish Carpentry 17,708.00 Thermal Insulation 4,459.00 Built Up Bituminous Roofing 5,200.00 Plaster and Gypsum Board Assemblies 14,200.00 Fluid-Applied Flooring 14,895.00 Painting 4,675.00 Food Cooking Equipment 96,793.00 Residential Plumbing Fixtures 112,671.00 HVAC 46,900.00 Common Work Results for Electrical 45,150.00 Planting Irrigation 2,000.00 Subcontractor Costs* 389,332.00 General Conditions 161,666.00 General Liability Insurance 8,343.00 Contractor’s Fee 45,163.00 Bond Cost 0 9/23 Change Order – Reduction in Appliances (41,117.35) 9/23 Change Order – Miscellaneous Increases 8,999.804882.45 Total $622,711.71627,911.71 Page 211 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Form Rev 3/6/2023 ATTACHMENT 1 Second Amendment to City of Chula Vista 2023-24 Annual Action Plan Grant Program Proposed Project Amount CDBG Lauderbach Kitchen Rehab $ 190,000.00 $ 190,000.00 Page 212 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE Long-Term Financial Plan: Accept the General Fund Long-Term Financial Plan for Fiscal Years 2025-2034 Report Number: 23-0256 Location: No specific geographic location Department: Finance Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Accept the General Fund Long-Term Financial Plan – Fiscal Years 2025-2034 report SUMMARY The City of Chula Vista Fiscal Years 2025 – 2034 General Fund Long-Term Financial Plan (LTFP) serves as a long-range fiscal planning tool to identify financial trends, identify projected budgetary surpluses or shortfalls, and encourage discussion to proactively address the City’s long-range needs. The goal of the LTFP is to assess the City’s ability over the term of the plan to: maintain current or expand service levels; preserve the City’s long-term fiscal health; and strategically maintain the City’s reserve funds to meet the City’s reserve policies thresholds. The LTFP served as a guideline for the development of the current Fiscal Year (FY) 2023- 24 General Fund budget but is only applicable for the City’s General Fund. Information related to the City’s non-General Fund funds can be found on the City’s website within the FY 2023-24 Adopted Budget. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 213 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The City of Chula Vista Fiscal Years 2025 – 2034 General Fund LTFP serves as a long-range fiscal planning tool to identify financial trends, identify projected budgetary surpluses or shortfalls, and encourage discussion to proactively address the City’s long-range needs. The LTFP focuses on baseline revenues and expenditures that are essential for the City to achieve the City’s strategic goals over the next ten years. These goals include: • Providing the highest level of municipal services based upon available resources • Maintaining safe and appealing neighborhoods • Providing funding for City infrastructure • Continuing to expand the City’s economic development and financial base In development of the LTFP projections, staff reviewed historical budgeted and actual figures, reviewed current data, and researched current financial trends. City staff also worked closely with the economic consulting firm Beacon Economics to develop the economic assumptions and growth rates for Property Tax, Sales Tax, Measure P Sales Tax, and Measure A Sales Tax revenues, as well general economic conditions. It is important to emphasize that the LTFP is not a budget. It does not make expenditure decisions but rather highlights the need to prioritize the allocation of City resources to ensure the continuation of core City services. The purpose of the plan is to provide the City Council, key stakeholders, and the public an overview of the City’s fiscal health based on various financial and service level assumptions over the next ten years; and allow for the discussion of necessary steps to be initiated during the development and implementation of future budgets. The LTFP is intended to look beyond the annual budget cycle and serve as a planning tool to bring a long-term perspective to the budget process. Should projected expenditures exceed projected revenues in any given year; the City Manager will need to identify steps to mitigate the shortfalls prior to presenting a balanced budget to the City Council for consideration during the annual budget development process. Summary of Financial Projections Based on projections from the LTFP, overall General Fund revenues are anticipated to increase from FY 2025 to FY 2027. However, General Fund revenues are anticipated to decrease in FY 2028 from prior years due to the scheduled conclusion of the voter approved Measure P Sales Tax. FY 2027 includes a partial year of Measure P revenues and FY 2028 is the first full year of excluding Measure P revenues from the General Fund revenue totals. The projected revenues also include revenues from the Measure A Sales tax approved by Chula Vista voters in FY 2019. Revenues from Measure A are continued throughout the term of the LTFP as this sales tax does not have sunset date. General Fund revenues resume the trend of moderate increases from prior years in FY 2029. General Fund expenditures are anticipated to increase through FY 2027 and decrease slightly in FY 2028 due to the scheduled conclusion of Measure P Sales Tax and the elimination of the related transfers out from the General Fund to the Measure P Sales Tax Fund. In FY 2029, General Fund expenditures are anticipated to resume increasing through the term of the LTFP. Page 214 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 3 Based on baseline projections required to maintain current service levels in the General Fund, growth in expenditures is anticipated to outpace the growth in revenues from Fiscal Year 2025 to Fiscal Year 2027. This structural shortfall is projected for the first three years of the ten-year LTFP period. As shown on the following summary table, the overall General Fund shortfall is projected to fluctuate beginning in FY 2025 at approximately $2.1 million and ending in FY 2027 at approximately $0.7 million. General Fund surpluses are projected for FY 2028 at $1.1 million through 2034 at $7.5 million. The following table presents the 10-year financial forecast for the General Fund for FY 2025 through FY 2034. Additional information related to forecasted revenues and expenditures is provided within the attached report. Adopted (In Millions) Forecasted (In Millions) FY FY FY FY FY FY FY FY FY FY FY 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Revenues Major Discretionary Revenues (1) $207.3 $221.1 $231.7 $234.2 $219.2 $226.4 $233.9 $241.6 $249.6 $257.8 $266.4 Other Revenues (2) 50.9 50.3 52.0 51.8 52.5 52.8 52.9 53.7 54.5 55.3 56.2 New Development Revenues (3) - 2.0 2.7 3.5 3.8 4.0 4.1 4.2 4.4 4.5 4.7 Total General Fund Revenues $258.2 $273.4 $286.4 $289.4 $275.6 $283.2 $290.9 $299.5 $308.4 $317.7 $327.2 Year-over-Year Change 5.9% 4.7% 1.1% (4.8)% 2.8% 2.7% 3.0% 3.0% 3.0% 3.0% Expenditures Personnel Services Expenditures 132.9 144.8 153.1 161.7 168.6 175.4 180.8 185.6 190.8 196.2 201.5 Other Expenditures (4) 125.3 126.6 127.7 122.0 98.8 99.4 101.4 103.9 106.4 109.6 109.7 New Development Expenditures (3) - 4.1 5.7 6.5 7.1 7.4 7.7 7.9 8.1 8.3 8.5 Total General Fund Expenditures $258.2 $275.5 $286.6 $290.2 $274.4 $282.3 $289.9 $297.4 $305.2 $314.0 $319.7 Year-over-Year Change 6.7% 4.0% 1.3% (5.4)% 2.9% 2.7% 2.6% 2.6% 2.9% 1.8% General Fund Surplus / (Deficit) $0.0 $(2.1) $(0.2) $(0.7) $1.1 $1.0 $1.0 $2.1 $3.2 $3.6 $7.5 Surplus/(Deficit) as a % of Budget (0.8)% (0.1)% (0.3)% 0.4% 0.3% 0.3% 0.7% 1.0% 1.2% 2.3% 1) Major Discretionary Revenues is the total of the following budget revenue categories: Property Tax, Sales Tax, Measure P Sales Tax, Measure A Sales Tax, Property Tax in lieu of Vehicle License Fees (VLF), Franchise Fees, Transient Occupancy Tax (TOT), and Utility Users’ Tax (UUT). Page 215 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 4 2) Other Revenues is the total of the following budget revenue categories: Development Revenue, Licenses and Permits, Fines, Forfeitures & Penalties, Use of Money and Property, Other Local Taxes, Police Grants, Other Agency Revenue, Charges for Services, Interfund Reimbursements, Other Revenues - Miscellaneous, and Transfers from Other Funds. 3) New Development Revenues & New Development Expenditures include revenues and expenditures projected for the Otay Ranch Village 8 West Development, Millenia Library and Bayfront Fire Station anticipated to come online during the LTFP term. 4) Other Expenditures is the total of the following expenditure categories: Supplies and Services, Utilities, Other Expenses, Equipment, Internal Services, and Transfers/Debt Service. It should be noted the projections within the LTFP do not incorporate any economic downturn during the LTFP period. Any economic downturn, depending upon the breath and duration of the downturn, would negatively impact the projections within the LTFP. LTFP Report Outline (Attachment 1) The LTFP report includes a brief overview of the current economic environment and information on potential factors that could impact the City’s fiscal position in the near-term and long-term. Following the economic updates, information will be provided on the major revenue and expenditure categories shown within the LTFP. This information will provide brief descriptions of the revenues and expenditures, assumptions, and highlight certain factors which could impact the revenues and expenditure projections. Financial projections for the term of the LTFP will be presented following the highlighted revenues and expenditures. Significant results of the financial projections will be noted following the financial table. Finally, the LTFP presents potential mitigation actions for discussion. No single, specific action is identified as a solution to resolving the City’s projected shortfalls. Based upon discussion and input from the City Council and the public, City staff can develop additional information related to the identified actions for consideration. 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 related to this report on the General Fund. Page 216 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 5 ONGOING FISCAL IMPACT Staff will monitor and incorporate impacts to the General Fund LTFP in future quarterly budget monitoring reports to the City Council. ATTACHMENTS 1. Fiscal Years 2025-2034 General Fund Long-Term Financial Plan Staff Contact: Sarah Schoen, Director of Finance/Treasurer Ed Prendell, Budget and Analysis Manager Page 217 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 1 EXECUTIVE SUMMARY The City of Chula Vista Fiscal Years 2025 – 2034 General Fund Long-Term Financial Plan (LTFP) serves as a long-range fiscal planning tool to identify financial trends, project budgetary surpluses or shortfalls, and encourage discussion to proactively address the City’s long-range needs. The LTFP will also serve as a guideline for the development of the Fiscal Year (FY) 2025 General Fund budget. The goal of the LTFP is to assess the City’s ability over the term of the plan to: • Maintain current or expand service levels; • Preserve the City’s long-term fiscal health; and • Strategically maintain the City’s reserve funds to meet the City’s reserve policies thresholds. The LTFP only addresses the City’s General Fund. The General Fund serves as the principal source of revenues and expenditures that finance the City’s core, day-to-day operating expenses. Information related to the City’s non-General Fund funds can be found on the City’s website within the FY 2024 Adopted Budget: https://www.chulavistaca.gov/departments/finance/budget-information The LTFP focuses on baseline General Fund revenues and expenditures that are essential for the City to achieve the City’s strategic goals 1 over the next ten years. These goals include: • Providing the highest level of municipal services based upon available resources; • Maintaining safe and appealing neighborhoods; • Providing funding for City infrastructure; and • Continuing to expand the City’s economic development and financial base. It is important to emphasize that the LTFP is not a budget. The LTFP does not make expenditure decisions or assume revisions to current service levels but rather highlights the need to prioritize the allocation of City resources to ensure the continuation of core City services. The purpose of the plan is to provide the City Council, key stakeholders, and the public an overview of the City’s fiscal health based on various financial and service level assumptions over the next ten years, and to allow for the discussion of necessary steps to be initiated during the development and implementation of future budgets. The LTFP is intended to look beyond the annual budget cycle, serving as a planning tool to bring a long-term perspective to the budget process. Should projected expenditures exceed projected revenues in any given year, the City Manager will identify steps to mitigate the shortfalls prior to presenting a balanced budget to the City Council for consideration during the annual budget development process. 1 See the Strategic Plan on the City’s Budget webpage: https://www.chulavistaca.gov/departments/finance/budget- information Page 218 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 2 REPORT OUTLINE The LTFP report includes a brief overview of the current economic environment and information on potential factors that could impact the City’s fiscal position in the near-term and long-term. Following the economic updates, information will be provided on the major revenue and expenditure categories shown within the LTFP. This information will provide brief descriptions of the revenues and expenditures, assumptions, and highlights of certain factors that could impact the revenues and expenditure projections. Financial projections for the term of the LTFP will be presented following the highlighted revenues and expenditures. Significant results of the financial projections will be noted following the financial table. Next, the LTFP presents potential budget mitigation actions for discussion. No single, specific action is identified as a solution to resolving the City’s projected shortfalls. Based upon discussion and input from the City Council and the public, City staff can provide additional information and develop recommendations related to addressing future budget shortfalls. GENERAL FINANCIAL POLICY The LFTP report follows guidance from the City’s Finance Department’s 100-01 General Financial Policy in the following areas: Budget Development • Identify the resources required to fund identified programs and activities and enable accomplishment of program objectives. • Maintain a balanced operating budget. Operating revenues will fully cover operating expenditures, including debt service, each fiscal year. • Track revenues and expenditures on an on-going basis and attempt to anticipate future trends beyond the current budget cycle in order to maintain a balanced budget. • Utilize a ten-year financial plan and a long-term financial forecast model to promote orderly spending patterns, engage in long-range planning, and reduce the time and resources spent preparing annual budgets. Revenue Management • Endeavor to maintain a diversified and stable revenue base. • Revenue projections will be maintained for the current year and for future fiscal years, and estimates will be based on a conservative, analytical, and objective process. Financial Constraints and Expenditure Management • Track expenditures to evaluate trends and identify potential issues that will affect the budget. Page 219 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 3 SUMMARY OF FINANCIAL PROJECTIONS The LTFP forecasts General Fund revenues and expenditures based on current and known conditions, historical performance, and consultation from subject matter experts. Based on projections from the LTFP, overall General Fund revenues are anticipated to increase from FY 2023 to FY 2027. However, General Fund revenues are anticipated to decrease in FY 2028 from prior years due to the scheduled conclusion of the voter approved Measure P Sales Tax.2 FY 2027 includes a partial year of Measure P revenues and FY 2028 is the first full year of excluding Measure P revenues from the General Fund revenue totals. The projected revenues also include revenues from the Measure A Sales tax approved by Chula Vista voters in FY 2019. Revenues from Measure A are continued throughout the term of the LTFP as this sales tax does not have a sunset date. General Fund revenues resume the trend of moderate increases from prior years in FY 2029. General Fund expenditures are anticipated to increase through FY 2027 and decrease slightly in FY 2028 due to the scheduled conclusion of Measure P Sales Tax and the elimination of the related transfers out from the General Fund to the Measure P Sales Tax Fund. In FY 2029, General Fund expenditures are anticipated to resume increasing through the term of the LTFP. Based on baseline projections required to maintain current service levels in the General Fund, growth in expenditures is anticipated to outpace the growth in revenues from Fiscal Year 2025 to Fiscal Year 2027 3. This structural shortfall is projected for the first three years of the ten-year LTFP period. As shown on the following summary table, the overall General Fund shortfall is projected to fluctuate beginning in FY 2025 at approximately $2.1 million and ending in FY 2027 at approximately $0.7 million. General Fund surpluses are projected for FY 2028 at $1.1 million through 2034 at $7.5 million. In development of the LTFP projections, staff reviewed historical budgeted and actual figures, reviewed current data, and researched current financial trends. City staff also worked closely with the economic consulting firm Beacon Economics to develop the economic assumptions and growth rates for Property Tax, Sales Tax, Measure P Sales Tax, and Measure A Sales Tax revenues, as well general economic conditions. Based on the information collected, continued growth in revenues and expenditures is anticipated throughout the LTFP period; however, staff employed a conservative yet reasonable approach in developing the projections based on City policy. Uncertainty related to several key factors impacting the economy (discussed in detail later in this report) has led staff to moderate revenue and expenditure growth expectations. It should be noted that these projections do not incorporate any economic downturn during the LTFP period, which would likely negatively impact the LTFP projections. Projections within the LTFP will be monitored by staff and re-evaluated based upon future economic activity and available data. 2 Annual revenues generated from the voter-approved Measure P Sales Tax are reflected in the overall General Fund revenue totals (Ordinance No. 3371, Chula Vista Municipal Code Chapter 3.33). Revenues generated from Measure P are transferred from the General Fund into a separate Measure P Sales Tax Fund for monitoring and accountability. 3 Transfers and expenditures/encumbrances (obligations) related to the Measure P and Measure A Sales tax measures equal the projected revenues each year resulting in a net zero impact to the General Fund for these items. Page 220 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 4 The following table presents the summary financial forecast for the General Fund for FY 2025 through FY 2034. A detailed table is provided in the Ten-Year Projections section of this document. Adopted (In Millions) Forecasted (In Millions) FY FY FY FY FY FY FY FY FY FY FY 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Revenues Major Discretionary Revenues (1) $207.3 $221.1 $231.7 $234.2 $219.2 $226.4 $233.9 $241.6 $249.6 $257.8 $266.4 Other Revenues (2) 50.9 50.3 52.0 51.8 52.5 52.8 52.9 53.7 54.5 55.3 56.2 New Development Revenues (3) - 2.0 2.7 3.5 3.8 4.0 4.1 4.2 4.4 4.5 4.7 Total General Fund Revenues $258.2 $273.4 $286.4 $289.4 $275.6 $283.2 $290.9 $299.5 $308.4 $317.7 $327.2 Year-over-Year Change 5.9% 4.7% 1.1% -4.8% 2.8% 2.7% 3.0% 3.0% 3.0% 3.0% Expenditures Personnel Services Expenditures $132.9 $144.8 $153.1 $161.7 $168.6 $175.4 $180.8 $185.6 $190.8 $196.2 $201.5 Other Expenditures (4) 125.3 126.6 127.7 122.0 98.8 99.4 101.4 103.9 106.4 109.6 109.7 New Development Expenditures (3) - 4.1 5.7 6.5 7.1 7.4 7.7 7.9 8.1 8.3 8.5 Total General Fund Expenditures $258.2 $275.5 $286.6 $290.2 $274.4 $282.3 $289.9 $297.4 $305.2 $314.0 $319.7 Year-over-Year Change 6.7% 4.0% 1.3% -5.4% 2.9% 2.7% 2.6% 2.6% 2.9% 1.8% General Fund Surplus / (Deficit) $0.0 $(2.1) $(0.2) $(0.7) $1.1 $1.0 $1.0 $2.1 $3.2 $3.6 $7.5 Surplus/(Deficit) as a % of Budget -0.8% -0.1% -0.3% 0.4% 0.3% 0.3% 0.7% 1.0% 1.2% 2.3% (1) Major Discretionary Revenues is the total of the following budget revenue categories: Property Tax, Sales Tax, Measure P Sales Tax, Measure A Sales Tax, Property Tax in lieu of Vehicle License Fees (VLF), Franchise Fees, Transient Occupancy Tax (TOT), and Utility Users’ Tax (UUT). (2) Other Revenues is the total of the following budget revenue categories: Development Revenue, Licenses and Permits, Fines, Forfeitures & Penalties, Use of Money and Property, Other Local Taxes, Police Grants, Other Agency Revenue, Charges for Services, Interfund Reimbursements, Other Revenues - Miscellaneous, and Transfers from Other Funds. (3) New Development Revenues & New Development Expenditures include revenues and expenditures projected for the Otay Ranch Village 8 West Development, Millenia Library and Bayfront Fire Station anticipated to come online during the LTFP term (4) Other Expenditures is the total of the following expenditure categories: Supplies and Services, Utilities, Other Expenses, Equipment, Internal Services, and Transfers/Debt Service. Page 221 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 5 ECONOMIC OVERVIEW City staff worked closely with an economic consulting firm, Beacon Economics, to develop the economic assumptions and growth rates included in this forecast report. The following economic outlook information for the nation and California was prepared by Beacon Economics. Highlights – National U.S. Economy Far From a Downturn – 2023 data shows that the U.S. economy is stronger today than it was a year ago. Gross domestic product (GDP) growth is solid, job growth is ongoing, industrial production remains near record-highs, profits and wages are rising, and U.S. debt markets are showing little sign of stress. Still, there are Headwinds – Despite these strengths, Beacon Economics4 is less optimistic today than a year ago. The Federal Reserve’s (Fed) excessive $5 trillion in quantitative easing, and the resulting 40% jump in the money supply, created massive government deficits and a large asset bubble. The U.S. economy has weathered rising interest rates over the last year largely because of these imbalances, but increasing rates also imply that inflationary pressures are not behind us, and more Fed tightening is ahead. Limited Interest Rate Stresses – The sharp rise in the cost of capital is causing signs of stress, particularly in the real estate industry. But that stress has not spread to the debt markets as lending institutions continue to have record-low delinquencies. National Outlook A little over twelve months ago, the forecast community began predicting that the U.S. economy would fall into a recession “within a year.” Of the 60 commentators who contributed to the October 2022 Wall Street Journal Economic Forecasting Survey, almost a third said there was a 75% or greater chance of a recession occurring by October 2023. Four out of five said there was a greater than even chance of a recession, while some put the probability as high as 100%, a level of certainty that is, frankly, inappropriate in economic forecasting. Overall, the average probability in the Journal’s survey has been above 50% for a year. By the beginning of 2023, the media had begun to discuss the expected downturn as if it was a fait accompli. It was not a case of ‘if’ but of ‘when’, and ‘how bad’. Beacon Economics rejected the hyperbole, never rating the probability of a recession above 20% in the Journal’s survey – one of only two contributing forecasters to be so optimistic over the past year. That optimism has been largely born out. Even a cursory glance at 2023 data shows that the U.S. economy is not only far from a downturn but is actually stronger today than it was a year ago. GDP 4 Beacon Economics, LLC is an independent research and consulting firm dedicated to delivering accurate, insightful, and objectively based economic analysis that enables its clients to make informed decisions about investment, growth, revenue, and policy. Established in 2006, Beacon Economics has 15+ years of experience providing economic, revenue, and demographic forecasting services. Beacon Economics is a leader in delivering accurate, rigorously constructed economic outlooks for geographic regions, public revenue, and occupations and industries. Employing proprietary econometric models, Beacon's forecasts are in high demand and have been used by the California State Controller's Office, Cities and Counties across the Western United States, banks and hedge funds, real estate firms, and major health care organizations. Page 222 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 6 growth over the last year has averaged 2.5% seasonally adjusted annual rate (SAAR), buoyed by solid growth in consumer spending. The nation has seen continued job growth, industrial production remains near record highs, profits and wages are rising, and U.S. debt markets are showing little signs of stress. This picture carries over into the second half of the year. According to the Gross Domestic Product (GDP)Now estimate from the Atlanta Fed, growth in the third quarter of this year could reach between 5% and 6%. Perhaps more telling is that Beacon’s best leading indicators suggest little change in the current trajectory. Manufacturing orders remain high even while inventories for key goods like autos remain low. Housing permits and starts have stabilized at non-recession levels, and the job openings rate remains well above normal. Moreover, despite the occasional news story about rising credit card debt, overall household finances look healthy and net worth has recovered from last year’s decline. While overall levels of household debt are growing slowly, debt burdens remain low, and the consumer savings rate has started to rise despite a steady growth in spending. Amusingly, the headlines are now trumpeting the economy’s ‘near miss’. The reality is that there was very little to hit in the first place. Beacon can comfortably predict that the Wall Street Journal’s recession probability estimate will begin to fall over the next twelve months. We are out of the woods. Real Gross Domestic Product The chart below from the US Bureau of Economic Analysis displays recent quarterly results of gross domestic product (GDP), an economic indicator of growth. Advance results for the third quarter (Q3) of 2023 were a four and nine-tenths percent (4.9%) annual rate from the preceding quarter, up from the second quarter (Q2) results of two and one-tenths percent (2.1%), and two percent (2.0%) for the first quarter (Q1). Continued positive growth each quarter generally allays economists’ concerns that a recession is forthcoming. The Federal Reserve will be closely monitoring this strong economic growth in its policy decisions to reduce inflation. An economic slowdown may be incoming. GDP: Percent Change from Preceding Quarter 5 5 Bureau of Economic Analysis. Gross Domestic Product, Third Quarter 2023 (Advance Estimate). Accessed 26 Oct 2023 at: https://www.bea.gov/news/2023/gross-domestic-product-third-quarter-2023-advance-estimate Page 223 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 7 Highlights – California California Adds Jobs – California has added more than 440,000 jobs since the trough of the pandemic, but that translates to just 2.5% growth. In other words, California’s job gains are largely a function of its size. Labor Force Still Below Pre-Pandemic Peak – There are still roughly 168,000 fewer workers in California’s labor force than there were before the pandemic, a 0.9% decline. In contrast, the national labor force has grown by about 2.7 million workers. New Household Formation Exacerbating Housing Crisis – Confoundingly, from 2020 to 2023, California lost about 600,000 people but added about 263,000 new households. The number of people per household also declined from 2.86 to 2.77. California Outlook California continues to be a national leader in jobs creation. In the period of economic expansion following the pandemic-induced recession, the Golden State has added more than 440,000 jobs, according to the latest employment figures from the Bureau of Labor Statistics (BLS). In fact, California ranks third overall in terms of jobs added since the pandemic, behind only Florida and Texas. Nonetheless, the 440,000 jobs added translates to just 2.5% growth since the start of the pandemic, which reflects the fact that California’s job gains are largely a function of its size. Which is to say, relatively modest employment growth translates to a large number of new jobs. The major underlying factor constraining jobs growth in California is the state’s chronic housing shortage. Between 2013 and 2023, the Golden State is on track to add around three million jobs, but only authorize about 1.2 million residential building permits. The huge discrepancy between housing supply and jobs added has made California one of the most expensive housing markets in the country. Beacon Economics believes that these soaring housing costs are part of the reason why the state’s labor force has yet to rebound to pre-pandemic levels despite the national labor force returning to growth over a year ago. Rapidly rising interest rates have further exacerbated California’s housing shortage, as existing homeowners locked into historically low mortgage rates are either unwilling or financially unable to sell. Beacon Economics expects this ‘lock-in’ effect and increasing cost of a mortgage to weigh on home sales in the near future. Seasonally adjusted existing home sales declined 5.9% and 5.7% in June and July, respectively. On a year-over-year basis, home sales have declined for 23 consecutive months stretching back to August 2021. Most recently, home sales fell 22.6% and 9% year-over-year in June and July, respectively, and are still about 33% below their pre-pandemic peak of February 2020. Meanwhile, median home prices have come down from their pandemic surge, falling 10.6% from their peak in April 2022 to February 2023. However, home prices appear to have bottomed out, returning to growth on a monthly basis in March 2023, and registering year-over-year growth for the first time since September 2022 in July 2023. As of July, prices are about 33% above the pre-pandemic peak, and only 6.4% below the pandemic peak. At the pace of growth seen during the past five months, California home prices will surpass their pandemic peak in the first quarter of 2024. Page 224 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 8 KEY ASSUMPTIONS The LTFP prepares revenue and expenditure forecasts based on: • Current expenditure spending • Revenue collection trends • Historical budgetary performance • Prevailing general economic conditions • External experts in economic forecasting • Department input The LTFP revenues and expenditure forecasts include the following key assumptions: Baseline Revenues and Expenditure • The LTFP utilizes the FY 2024 Adopted Budget as the basis for future year forecasted revenues and expenditure growth. • Future year forecasted figures are adjusted with anticipated growth rates and other inputs based on the FY 2024 Adopted Budget, economic conditions, local development activity, one-time revenues and expenditures, and other factors. Staffing • The LTFP maintains current staffing and service levels throughout the term of the plan. No new staffing was included in the projections except for necessary staffing for new facilities becoming operational within the Plan period. The projected expenditures for the additional staff for the new Otay Ranch Village 8 West and Bayfront Fire Stations are included in the New Development Expenditures category as these positions will be necessary to operate the new facilities accommodating City growth. New Revenues • No projections or assumptions are included related to future ballot measures. Healthcare Costs • The City participates in ongoing discussions with the City’s labor groups to manage affordability, while maximizing options for City employees. Due to a constantly changing healthcare environment at the local, state, and national levels, monitoring costs, and exploring alternative cafeteria benefit designs is recommended. Debt Issuances for Capital Projects • The LTFP does not include any future debt issuances for capital projects, including beyond the sunset of the Measure P Sales Tax, the ten-year, voter-approved half-cent sales tax to fund high priority infrastructure needs. Retirement • Projected normal costs for the California Public Employees’ Retirement System (CalPERS) for the annual cost of service accrual are included in Retirement expenditures. The LTFP also Page 225 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 9 includes the projected Unfunded Actuarial Liability (UAL) expense for the period of the LTFP based on updated personnel services expenditures under current labor agreements as well as assumptions from the City’s actuary. As discussed later in the report, the Section 115 Trust Fund is available to pay current and future UAL costs that may arise in subsequent fiscal years. Pension Obligation Bonds & Pension Reserve Fund • Debt service for the 2021 Pension Obligations Bonds during the LTFP period is included in the Transfers/Debt Service expenditure category. • Consistent with goals of the Pension Reserve, City Council Policy (220-09), contributions to the Pension Reserve Fund’s IRS Section 115 Trust are scheduled throughout the ten-year period of the LTFP. Under the current Pension Reserve Policy, the contribution to the Section 115 is scheduled to end in FY 2031. New Development The City generally expects to collect additional revenues and expend additional resources as the City grows and develops new residences and businesses. The General Fund benefits from the additional revenues which fund a portion of the costs associated with new development based on available resources, policy goals, development agreements and other factors. Staff included several key new development factors in the LTFP based on planned commitments, project status, contractual obligations/terms and General Fund impact. The LTFP was developed based on information available and known at the time of the preparation of the report. • Otay Ranch Village 8 West SPA (Sectional Planning Area) is currently being developed by HomeFed and will include over 2,300 new residential units at completion. A new fire station and expanded City services are anticipated in the next fiscal year. Costs for operating the project’s neighborhood parks will be borne solely by the developer. The LTFP includes projected City revenues as well as expenditures for Otay Ranch Village 8 West starting in FY 2024 and through the term of the LTFP as projected by a fiscal impact analysis from the City’s Finance and Development Services Departments. These figures are estimates; staff will update the LTFP when additional information is made available. Figure 1 Otay Ranch Village 8 West Page 226 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 10 • Otay Ranch Village 8 West Fire Station & Bayfront Fire Station: In accordance with the City’s Master Fire Facility Master Plan to address City growth and Fire Department facilities and service needs, operating costs for two additional fire stations are included in the Plan. The Otay Ranch Village 8 West Fire Station is assumed to be operational in Summer 2024, consisting of one engine company and a temporary facility. Permanent facility costs are anticipated to be financed from the Public Facilities Development Impact Fees (“PFDIF”) Fund. The Bayfront Fire Station is assumed to be operational in late 2024, with two engine companies. A portion of operating costs (73.6%) will be funded by Bayfront Project revenues. Facilities costs will be jointly funded by the PFDIF and one-time other non-General Fund monies. • Millenia Library: The City of Chula Vista broke ground on an $89 million, 168,000-square-foot Library project on September 25, 2023, adding the City’s first new library built since 1995. The library will be located in the underserved area of east Chula Vista, which has experienced significant population growth in recent years, and aims to meet resident, industry and academic needs. Project plans include expanded library space, office space for lease, a passport office, a small business resource center, and space for community gatherings. This project facility is funded partially by a $30 million grant from the California State Library Targeted State Grant Program. The Plan currently includes an estimate for operating costs for the Millenia Library in East Chula Vista starting in FY 2025. Staff will update the Plan with additional information on revenue and expenditures for this facility as it becomes available. Figure 3 Millenia Library rendering Figure 2 Gaylord Bayfront Convention Center rendering Page 227 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 11 MAJOR REVENUES AND EXPENDITURES The following contexts and assumptions were used in the preparation of the ten-year projections of General Fund revenues and expenditures. REVENUES The City’s major revenue sources include: Property Tax, Sales Tax, Measure P Sales Tax, Measure A Sales Tax, Property Tax in lieu of VLF, Franchise Fees, Transient Occupancy Tax (TOT), and Utility Users’ Tax (UUT). The listed revenues account for approximately $207 million, or 80.3%, of the City’s General Fund projected revenues for the FY 2024 Adopted Budget. These revenues are categorized as general revenues, or “major discretionary revenues,” broadly defined as revenues that are generated not by any given government activity, but by general or specific taxing authority, such as a local sales tax measure (Measure A and Measure P) or state law (Property Tax). Discretionary funds are generally not restricted as to use, and fund the majority of the City’s core, day-to-day and long-term operating expenses. The following are brief descriptions of the major General Fund revenue sources. Property Tax Property tax revenue is generated from a 1% ad valorem tax on “real property” (land, buildings, and other permanent structures/improvements), based upon the assessed value of the property within the City as certified by the County of San Diego Assessor. Property tax revenue is the City’s most stable revenue source and is generated from both residential and commercial property. The chart below shows the distribution of property tax dollars by the County amongst various jurisdictions. Property Tax Dollar Distribution by Jurisdiction Figure 3 Tax Allocation Chart – San Diego County Treasurer-Tax Collector For FY 2025, property tax revenue is projected to total $52.0 million, a $3.7 million increase, or seven and eight-tenths (7.8%) from the FY 2024 Adopted Budget, based on updates from the County property tax roll and forecasts from Beacon Economics. Page 228 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 12 Beacon Economics Analysis and Forecast The underlying market dynamics and broader economic trends driving Chula Vista’s housing sector in 2023 have been volatile and, at times, contradictory – waning inflation; climbing mortgage rates; uncertainty over future Federal Reserve policy; a rebounding stock market; credit tightening; low but modestly rising unemployment; and a housing shortage that continues to plague both the city, region, and overall state. The median sale price for existing single-family homes in Chula Vista dropped 2.5% and 2.0% year-over-year in the first and second quarters of 2023, respectively. While higher mortgage rates and plummeting sales have caused price declines, home prices have not collapsed, and Beacon Economics does not expect a housing market rout. House price depreciation will be limited due to the region’s chronic housing shortage (sales have declined, but inventory is extremely low, keeping the balance of supply and demand relatively intact). For 2023, Beacon Economics projects home price growth of 1.4% in Chula Vista. While home prices have declined in recent quarters, the median sale price in Chula Vista is still significantly higher than the pre-pandemic peak and is not expected to fall below that peak. In other words, the interest rate-driven decline in sales and prices is partially a deflating pandemic housing bubble, with home prices reverting to pre-pandemic trends. As shown in the chart below, the City’s assessed value has increased steadily since FY 2014, and this positive trend is anticipated to continue into FY 2025. The latest assessment for Chula Vista has AV rising 6.6% for FY 2023-24. While this growth is by no means weak, it is a marked slowdown from the 8.3% surge in AV during the prior fiscal year. The hot post-pandemic housing market that spurred rapid growth in FY 2022-23 has since cooled significantly due to higher mortgage rates and falling home sales. Although 2024 will see the beginnings of a thaw in the housing market, overall conditions will remain mostly weak. As such, Beacon Economics expects 5.0% growth in AV for FY 2024-25, the slowest growth in AV since FY 2013-14. Historical Change in Assessed Value City of Chula Vista and Countywide Comparison -2% 0% 2% 4% 6% 8% 10%Percent ChangeChula Vista County Overall Page 229 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 13 Property Tax Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 7.8% 6.4% 5.9% 5.7% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% Projection 48.3 52.0 55.4 58.7 62.0 64.5 67.1 69.7 72.5 75.4 78.4 The LTFP includes a seven and eight-tenths percent (7.8%) increase in property tax revenues in FY 2025 and a terminal growth rate in Fiscal Years 2029 through 2034 of four percent (4.0%) throughout the remaining term of the LTFP based on expected moderate growth in property values. Although property tax growth is limited by Propositions 13 and 15 (tax rate of 1% of assessed property value with a 2% annual increase cap), an increase in property sales will grow property tax revenues as property values are re-assessed to market rate. In addition to the increase in property tax base from property sales, the City is continuing to see new residential and commercial development resulting in additional property tax. Property Tax in lieu of Vehicle License Fee (VLF) VLF revenues are generated from vehicle license fees paid with vehicle registrations to the State of California Department of Motor Vehicles; fees are then allocated back to cities and counties. With the State Budget Act of 2004, the allocation of VLF revenues to cities and counties were substantially changed, permanently reducing the VLF tax and increasing transfers of property tax funds from the State in lieu of VLF. Since 2006, the majority of VLF revenues for each city grew essentially in proportion to the growth in the change in gross property assessed valuation. Due to the new formula by the State, ninety-six percent (96%) of the City’s VLF revenues fluctuated with changes in assessed property values within the City. As such, this revenue category reflects $31.2 million Property Tax in lieu of Vehicle License Fee revenues for FY 2025, a five and five-tenths percent (5.5%) increase in comparison to the FY 2024 Adopted Budget, and a terminal growth rate in Fiscal Years 2029 through 2034 of four percent (4.0%) throughout the remaining term of the LTFP based on expected moderate growth in property values, similar to the Property Tax Revenue category. Property Tax in lieu of Motor Vehicle License Fees (MVLF) Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 5.5% 6.4% 5.9% 5.7% 4.0% 4.0% 4.0% 4.0% 4.0% 4.0% Projection 29.5 31.2 33.2 35.1 37.1 38.6 40.2 41.8 43.4 45.2 47.0 Sales and Use Tax (Sales Tax) The Bradley-Burns Uniform Local Sales and Use Tax (Sales Tax) tax revenue is generated from a percentage tax imposed on the sale of retail goods and services that occur within the City of Chula Vista. Sales tax revenue is highly sensitive to economic conditions, and reflects the factors that drive taxable sales, including levels of unemployment, consumer confidence, per-capita income, and business investment. The total citywide sales tax rate is 8.75%, of which the City’s General Fund Page 230 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 14 receives 1.0% of all the sales transactions within the City, not including the City transaction taxes for Measure P and A. The table below shows the distribution of sales tax for the City of Chula Vista. City of Chula Vista Sales Tax Rate Breakdown The General Fund sales tax revenue is anticipated to be approximately $48.0 million in FY 2025, a six and eight-tenths percent (6.8%) increase in comparison to the FY 2024 Adopted Budget. The Sales Tax revenues category represents the second largest revenue source for the City’s General Fund. Beacon Economics Analysis and Forecast On a regional level, San Diego County’s major industries include military/government, research/professional services, manufacturing, and tourism. Since the start of the pandemic, employment trends in these essential industries have been mixed. For example, while professional and technical services employment has grown 10.7% since February 2020, government employment is flat, and manufacturing employment is down 1%. What’s more, payrolls in leisure and hospitality and retail are down 0.1% and 4.2%, respectively. In the tight post-pandemic labor market, employers, especially in retail, may have over-hired to prepare for potential further rapid growth. As such, Beacon Economics believes some of these declines reflect an easing of the labor market, combined with uncertainty about future demand. After surging more than 20% in fiscal year (FY) 2021-22, taxable sales growth in Chula Vista slowed to 3.4% in FY 2022-23. Further weakening in taxable sales growth is expected in the short run as the labor market cools, unemployment ticks up, pandemic savings dry up, and overall economic headwinds spur consumers to dial back spending. However, Beacon Economics expects a correction and softening in consumer spending, not a collapse. Indeed, while part of the projected slowdown in the near term is due to economic headwinds, slower near-term growth is also a function of coming off of skyrocketing gains in FY 2021-22. Accordingly, Beacon Economics expects sales tax revenues to accelerate modestly through the latter half of the forecast period as the economy moves through State General Fund (includes K-12/Community Colleges)3.94% Public Safety (Prop 172)0.50% County Realignment (Mental Health/Welfare/Public Safety)1.56% Countywide Transportation Fund 0.25% San Diego County Regional Transportation Commission (TransNet)0.50% State and County Subtotal 6.75% Local Jurisdiction (City or County of place sale/use) (City Share)1.00% City Transaction Tax (Measure P)0.50% City Transaction Tax (Measure A)0.50% City Subtotal 2.00% Total Sales Tax Rate – Chula Vista 1 8.75% 1 Total sales tax rates will vary by City due to local sales tax initiatives. Page 231 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 15 the current business cycle and the labor market and consumer spending revert to long-run trends. Sales Tax Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 6.8% 3.8% 4.2% 4.3% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% Projection 45.8 48.9 50.8 52.9 55.2 56.8 58.5 60.3 62.1 64.0 65.9 Based on information provided by Beacon Economics, the LTFP assumes a six and eight-tenths percent (6.8%) growth factor for FY 2025 as compared to the FY 2024 Adopted Budget, and a terminal growth rate in Fiscal Years 2029 through 2034 of three percent (3.0%) throughout the remaining term of the LTFP. Inflation may impact this revenue source further as rising prices would generate additional revenue; however, increased prices may also decrease sales of goods and services in the long-term. Staff engages an outside consultant HdL to assist in the current year monitoring and projections for all sales tax related revenues and will monitor this revenue source for updates to the Plan. Measure P Sales Tax In 2016, voters approved the Measure P Sales Tax Measure which established a temporary ten-year ½ percent sales tax rate upon sales within the City (which is included in the total 8.75% tax rate). The Measure P Sales Tax revenue is restricted for supporting repair and replacement of City infrastructure. While the revenue generated from the Measure P Sales tax is collected in the General Fund, the General Fund transfers this revenue to the Measure P Sales Tax Fund for accountability and transparency in the usage of these funds. These actions result in an overall net zero impact to the General Fund. For FY 2025, Measure P Sales Tax revenue is projected to total $30.1 million, a $2.3 million increase, or eight and three-tenths percent increase from the FY 2024 Adopted Budget. Measure P Sales Tax Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 8.3% 3.8% (21.9)% - - - - - - - Projection 27.8 30.1 31.3 24.4 - - - - - - - Based on information provided by Beacon Economics, the LTFP assumes an eight and three-tenths percent (8.3%) growth factor for FY 2025 as compared to the FY 2024 Adopted Budget. Collection of Measure P sales tax revenues is scheduled to end on March 31, 2027 based on the ballot measure approved by the voters. Measure A Sales Tax In 2018, voters approved the Measure A Sales Tax Measure which established a ½ percent sales tax on goods and services sold within the city to support local public safety needs. This increased the overall sales tax rate to 8.75% as of October 1, 2018, and the ½ percent sales tax will continue until repealed by voters. The Measure A Sales Tax revenue is restricted for supporting the public safety Page 232 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 16 needs of the City. While revenue is collected and tracked within the General Fund, the General Fund transfers this revenue to the Measure A Sales Tax Fund for accountability and transparency in the usage of these funds. Separate accounts (one for the Fire department and one for the Police department) were established to support the monitoring and allocation of these funds. These actions result in an overall net zero impact to the General Fund. For FY 2025, Measure A Sales Tax revenue is projected to total $30.1 million, a $2.3 million increase, or eight and two-tenths percent (8.2%), from the FY 2024 Adopted Budget. Measure A Sales Tax Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 8.2% 3.8% 4.2% 4.3% 3.0% 3.0% 3.0% 3.0% 3.0% 3.0% Projection 27.9 30.1 31.3 32.6 34.0 35.0 36.0 37.1 38.2 39.4 40.6 Based on information provided by Beacon Economics, the LTFP assumes a eight and two-tenths of a percent (8.2%) growth factor for FY 2025, and a terminal growth rate in Fiscal Years 2029 through 2034 of three percent (3.0%) throughout the remaining term of the LTFP. Franchise Fees Franchise fees are revenue generated from agreements with private utility companies in exchange for use of the City’s rights-of-way. Franchise fees are collected from three primary sources: San Diego Gas & Electric (2% on gas and 1.25% on electricity), Republic Services trash collection franchises (20% fee), and AT&T and Cox Communications cable franchises (5% fee). For FY 2025, total franchise fee revenue is projected to be $15.1 million, a $0.3 increase, or two percent (2.0%)from the FY 2024 Adopted Budget. The LTFP anticipates these revenues, in the aggregate, to grow slightly over the term of the plan, at a rate of two percent (2.0%). Franchise Fees Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% Projection 14.8 15.1 15.4 15.7 16.0 16.3 16.7 17.0 17.3 17.7 18.1 Transient Occupancy Tax (TOT) TOT is a tax imposed on occupants of hotel and motel rooms and short-term rentals within the City. The current TOT tax rate in the City is 10%. Major economic drivers for TOT revenue include room rates, average occupancy rates, and seasonal and non-seasonal tourism. The City of Chula Vista has experienced strong growth in TOT in recent years with a string of new hotel developments on both the west and eastern portions of the City as well as an expansion of the short-term rental compliance program. Additionally, it is important to note that the TOT revenue generated from the RV Park in the Bayfront area is transferred out from the General Fund to the Bayfront Lease Revenue Fund. Page 233 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 17 During the height of the COVID-19 pandemic, TOT revenues dropped 3.6% in FY 2021 from FY 2020 TOT revenues. In FY 2022, TOT revenues rebounded, increasing by nearly 42% from FY 2021, and 50% from pre-pandemic levels (FY 2019). In FY 2023, TOT revenues again significantly increased, by 19%, from FY 2022. Staff will monitor this revenue category closely for updates to the LTFP, particularly if a recession were to occur as travel would likely be impacted by declines in consumer confidence and spending. Transient Occupancy Tax Fiscal Year 2019 to Fiscal Year 2024 It is anticipated that TOT revenues will continue to increase as a result of new hotels being developed within the City over the next several years. Staff expects the Gaylord Pacific Resort & Convention Center project to bring renewed interest in business, recreation and other activity to the Chula Vista Bayfront and surrounding areas. As additional projects advance through the development process, staff will update the LTFP to include additional General Fund impacts. For FY 2025, TOT revenue is projected at $9.8 million, a $0.5 million increase, or four and seven-tenths percent (4.7%), from the FY 2024 Adopted Budget. Transient Occupancy Tax Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 4.7% 7.8% 2.6% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% 2.0% Projection 9.3 9.8 10.5 10.8 11.0 11.3 11.5 11.7 11.9 12.2 12.4 The LTFP projects a four and seven-tenths percent (4.7%) growth rate for all TOT revenues in FY $4.3 $4.1 $4.6 $6.4 $7.2 $7.5 $0.1 $0.1 $0.2 $0.9 $0.8 $0.2 $0.3 $0.6 $0.8 $0.7 $0.8 $- $1.0 $2.0 $3.0 $4.0 $5.0 $6.0 $7.0 $8.0 $9.0 $10.0 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 AdoptedMillionsTOTShort-Term Rentals TOT RV Park TOT Page 234 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 18 2025, and seven and eight-tenths percent growth (7.8%) growth in FY 2026 based on confirmed hotel developments within the development pipeline. From FY 2028 through FY 2034, growth is moderate, projected at two percent (2.0%) growth. Projections will be updated as planning and development processes advance, and new hotels begin operations. Utility User Tax (UUT) The City adopted its Utility Users Tax (UUT) in 1970. The City of Chula Vista imposes a UUT on the use of telecommunications (cable, telephone) at the rate of 4.75% of gross receipts. The UUT on natural gas services is $0.00919 per therm and $0.00250 per kilowatt on electricity services, which equates to approximately a 1% tax. City staff recently conducted an analysis to project revenues for each utility type; technology, consumer behavior and legislative changes have positioned this revenue category as less secure over the long-term with nearly flat growth. For FY 2025, revenues are projected to total $3.9 million, one-half percent (0.5%) increase over the FY 2024 Adopted Budget. The LTFP assumes a one-half (0.5%) percent annual increase throughout the term of the plan. Utility Users’ Tax Ten Year-Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% Projection 3.8 3.9 3.9 3.9 3.9 3.9 4.0 4.0 4.0 4.0 4.0 Page 235 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 19 EXPENDITURES The City’s major expenditure categories include: Personnel Services, Retirement Benefits, and Health Insurance. These expense categories account for approximately $132.9 million or 51.5% of the City’s General Fund projected expenditures for FY 2024. The following are brief descriptions of the listed expenditure categories. Personnel Services (Salaries/Wages) Since the last economic recession, the City has focused on recovering its staffing levels to support City services. For FY 2024, the total Adopted Budget General Fund staffing is 895.75 Full Time Equivalents (FTEs). For FY 2024, personnel costs, including salary/wages but not including retirement benefits or health insurance, were adopted at $108.9 million. This staffing level is assumed to be ongoing and extrapolated out through the remainder of the Plan as the new Personnel Services baseline budget. The projected Personnel Services costs for FY 2025 are $113.7 million, an increase of $5.3 million, or four and nine-tenths percent (4.9%), over the FY 2024 Adopted Budget. Adopted Budget General Fund Staffing Fiscal Year 2019 to Fiscal Year 2024 (in FTEs) Personnel Services Expenditures Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 4.8% 4.9% 4.9% 2.8% 2.8% 2.8% 2.8% 2.8% 2.8% 2.8% Projection 108.9 114.1 119.7 125.5 129.1 132.7 136.5 140.3 144.3 148.4 152.6 844.25 826.25 846.75 850.25 867.75 895.75 780 800 820 840 860 880 900 920 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 AdoptedFull-Time Equivalent (FTE)Page 236 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 20 The LTFP includes the annualized costs of negotiated salary increase approved per the current Memorandum of Understanding (MOU) with each of the City’s employee groups. The MOUs vary in negotiated salary annual increases and vary in duration until they expire. Beyond the expiration of the current MOUs, the LTFP assumes wage inflation for each bargaining group. Health Insurance The City currently offers qualified benefitted employees four medical plan options: Aetna Sharp Accountable Care Organization (ACO), Aetna Full Network HMO, the Aetna PPO, and Kaiser Health Maintenance Organization (HMO). For FY 2025, health insurance expenses are projected to total approximately $15.0 million. This represents an increase of $0.8 million or five percent (5.0%) from the Fiscal Year 2024 Adopted Budget. The expected growth rate for health care insurance costs is five percent (5.0%) through the term of the LTFP. Health Insurance Expenditures Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% 5.0% Projection 14.2 15.0 15.7 16.5 17.3 18.2 19.1 20.0 21.0 22.1 23.2 Retirement Benefits California Public Employees’ Retirement System (CalPERS) The City contracts with CalPERS retirement benefits for all full-time benefitted employees. The City has two employee retirement plans (Miscellaneous and Safety), each with three tiers of employees based upon their start date within the CalPERS system and the City of Chula Vista. The Miscellaneous plan covers all qualified City employees except those which are considered public safety employees (sworn Fire and Police personnel). The Public Safety plan covers all qualified public safety employees. Normal Costs & Unfunded Accrued Liability The Normal Costs and unfunded accrued liability (UAL) and payment amounts are used to calculate the City’s fiscal year pension contribution amounts. The City’s Normal Cost to CalPERS is the required employer contribution for the annual cost of service accrual for the upcoming fiscal year for active employees. This is the amount of funds the City will need to contribute for the current fiscal year towards pension costs. For FY 2025, the required estimated employer Normal Cost contributions for the Miscellaneous [Employees] and Public Safety [Employees] plans total $16.1 million. For FY 2025 the UAL is $2.6 million based on assumptions from CalPERS and current labor agreements. Pension Obligation Bonds In February 2021, the City issued $350 million in pension obligation bonds (POBs) at historically low interest rates of 2.54% to refund the UAL based on the CalPERS Actuarial Valuation as of June 30, 2019. The issuance of the POBs provides the City several benefits, including: (1) generating cash Page 237 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 21 flow savings to the City through historically low interest rates relative to the CalPERS discount rate assumption; (2) creating a repayment shape for the City’s pension liabilities that increases more gradually than currently mandated by CalPERS; (3) enhancing budget predictability and long-term fiscal sustainability by creating a smoother repayment shape at a lower level; (4) leveraging the projected savings to adequately fund various reserves; and, (5) setting aside a portion of the future savings into a Section 115 Trust a Fund established in 2021 to mitigate future pension and OPEB cost increases. Currently these pension cost savings are being set aside in an Internal Revenue Code Section 115 pension trust fund which will help mitigate future increases from pension and other post-employment benefits costs, such as a new UAL. , Notably, the POBs were issued with a Standard and Poor’s Global Ratings extremely strong ‘AA’ credit rating. The City’s pension actuary consultant GovInvest recently prepared an analysis for the City that compares the funding status of the City’s CalPERS plans before and after the issuance of the POBs. The funded status is based on the market value of assets relative to the funding target produced by the entry age actuarial cost method and actuarial assumptions adopted by the CalPERS board. For the year ended June 30, 2021, the City’s plans were 109.5% funded after the issuance of the POB. Prior to the POB the estimated plan funded status would have been at 78.0%. For the year ended June 30, 2022, the City’s plans are 93.4% funded, a decrease from the year prior due to poorer than expected investment performance and other factors. The following table shows the City’s General Fund total retirement costs and Section 115 Trust contributions since FY 2019. Total General Fund Retirement Costs & Section 115 Trust Contributions CalPERS valuation reports also provide the City with a five-year projection of future employer contribution amounts that the City utilizes in making long-term projections. Based on the projections within the valuation reports, the City’s General Fund retirement contributions toward its normal costs are projected to increase significantly in FY 2025 followed by increases through the remainder of the LTFP period, shown in the table below. $27.1 $29.9 $31.8 $11.7 $12.7 $14.9 $10.8 $11.7 $9.1 $- $5.0 $10.0 $15.0 $20.0 $25.0 $30.0 $35.0 FY 2019 FY 2020 FY 2021 FY 2022 FY 2023 FY 2024 AdoptedMillions Retirement Costs Section 115 Trust Contributions Page 238 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 22 Retirement Expenditures Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - 8.0% 2.3% 2.6% 2.3% 0.4% -0.2% 0.4% 2.1% 2.0% 0.7% Projection 14.9 16.1 16.5 16.9 17.3 17.3 17.3 17.4 17.8 18.1 18.3 As a result of CalPERS recent investment performance and policy changes, new unfunded pension liabilities (UAL) as well as increasing normal pension costs are projected. The following table shows the City’s estimated pension (normal cost) and UAL costs, as well as the estimated Section 115 trust contributions and use of funds to cover the UAL costs. Estimated Pension and UAL Costs (In Millions) FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Normal Cost (Estimated) 16.1 16.5 16.9 17.3 17.3 17.3 17.4 17.8 18.1 18.3 UAL Cost (Estimated) 2.6 4.4 6.1 8.3 10.6 11.5 11.5 11.5 11.5 11.5 Total Est. Pension Cost 18.7 20.8 22.9 25.6 27.9 28.8 28.9 29.2 29.6 29.7 Section 115 Contribution 1 12.0 11.9 12.5 13.1 13.6 14.2 14.4 14.4 14.4 14.4 Section 115 Est. Usage (2.6) (4.4) (6.1) (8.3) (10.6) (11.5) (11.5) (11.5) (11.5) (11.5) Transfer Out to Section115 9.4 7.6 6.5 4.8 3.0 2.7 2.9 2.9 2.9 2.9 1 The table assumes that the contributions will continue for the duration of the LTFP. Under the current Pension Reserve Policy, the contribution to the Section 115 is scheduled to end in FY 2031. Part-Time Employees Retirement Benefits Part-time employees receive retirement benefits through Public Agency Retirement System (PARS). PARS is an alternative to Social Security for Part-Time, Seasonal, and Temporary employees. The City and employees both currently contribute 3.75% of salary towards the PARS contribution amount of 7.5%, which is a defined benefits plan. Supplies and Services The Supplies and Services category includes expenditures for contracted (professional) services, software, equipment, and other materials. For FY 2025, the projected Supplies and Services costs are $24.6 million, a two and four-tenths percent (2.4%) decrease over the FY 2024 Adopted Budget. The significant increase in FY 2024 is related to several one-time expenditures, including $2.0 million for a special election, interim City Attorney Office services costs of $0.88 million, as well as a $1.1 million increase in insurance costs. These costs and any other expenditures designated as one-time are removed from the baseline budget and are not extrapolated to future years of the Page 239 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 23 forecast. The LTFP assumes a terminal growth rate in Fiscal Years 2030 through 2034 of one and nine-tenths percent (1.9%) throughout the remaining term of the LTFP. This rate is consistent with the assumed annual rate of inflation per the Federal Reserve policy goal of two percent (2.0%) inflation, for most supplies and contracted services in this category. Supplies & Services Expenditures Ten-Year Forecast ($ In Millions) FY 2024 Adopted FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034 Growth Rate - -2.4% 2.2% 2.6% 2.6% 2.7% 1.9% 1.9% 1.9% 1.9% 1.9% Projection 25.2 24.6 25.2 25.8 26.5 27.2 27.7 28.3 28.8 29.4 29.9 Page 240 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 24 CAPITAL EXPENDITURES To identify the City’s infrastructure and capital needs, the City developed an asset management plan. The asset management plan inventoried all City infrastructure and property assets, conducted condition assessments on each asset, prioritized the assets by risk level and importance, and performed a life cycle cost assessment. This information allowed the City to develop a cost estimate for the capital improvement program. The asset management plan sorted the City assets into three categories: red (high risk), yellow (medium risk), and green (low risk). This allows for the City to make necessary decisions on each asset (repair, replace, renovate, liquidate, shut down, relocate, etc.), and to budget available resources towards the repair and replacement of these assets. In light of the projected costs to repair and replace the City’s capital assets, the City Council placed a temporary ten-year ½ percent sales tax measure (Measure P) on the November 2016 ballot to address the high priority capital needs. In November 2016, Chula Vista voters approved Measure P. The sales tax was projected to generate $178 million in additional revenue over the ten-year period. To guide the expenditure of these revenues, the City developed the Intended Infrastructure, Facilities and Equipment Expenditure Plan (IFEEP) based on information from the City’s asset management plan. As the Measure P Sales Tax has a limited term, the IFEEP focuses on critical one-time items to address deferred maintenance and improve the safety of the City’s infrastructure. As the IFEEP focuses on one-time allocations, any additional operating costs for new or improved facilities, such as fire stations, will need to have an alternative funding source. Examples of ongoing operational costs include additional staff or increased utility costs. The LTFP includes the Measure P revenues as General Fund revenues. These revenues are paired with a corresponding transfer out of the General Fund to the Measure P fund. The transfer of the funds provides for accurate monitoring of the allocation and expenditure of these funds to ensure compliance with the original intent of the sales tax measure. The corresponding transfer results in a net zero impact to the General Fund. The LTFP includes minimal capital expenditures beyond those anticipated to be funded through Measure P funding. Information on Measure P allocations and projects can be found on the City’s website: https://www.chulavistaca.gov/departments/engineering. General Fund alternative funding sources, such as grants and transportation funds, support the City’s capital program. However, as the LTFP only addresses the General Fund, these resources and expenditures are not included in this report. Additional information related to the City’s capital program and funding sources can be found on the City’ website: https://www.chulavistaca.gov/departments/public-works/projects. OUTSTANDING CITY DEBT The City has three outstanding Certificates of Participation (COP) that are funded with General Fund contributions, Public Facilities Development Improvement Funds (PFDIF), and/or the Residential Construction Tax Funds (RCT). The Chula Vista Public Financing Authority (CVPFA) outstanding COPs consist of the 2014 Refunding COP, the 2015 Refunding COP, and the 2016 Refunding COP. These COPs have refunded the outstanding principal of various earlier COPs which were used to fund the construction of the City’s Police Facility, Civic Center improvements, Corporation Yard, Page 241 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 25 Western Chula Vista Infrastructure projects, and Nature Center Improvements. In addition to the outstanding COPs, the City has four outstanding lease revenue bond issuances (LRBs), including lease revenue refunding bonds (LRRBs), previously refunded (refinanced). These include: the Chula Vista Municipal Financing Authority (CVMFA) 2016 Lease Revenue Refunding Bonds (2016 LRRBs); the 2017 Lease Revenue Bonds (2017 LRBs); and the New Clean Renewable Energy Bonds Series 2017A and Series 2017B LRBs. The 2016 LRRBs refunded earlier COPs that were used to fund Civic Center and Corporation Yard improvements. The 2017 LRBs (Measure P) were issued to finance infrastructure, facilities, and equipment; and the 2017A and 2017B LRBs were issued to finance photovoltaic (solar) energy systems at various City facilities. Funding from the Measure P sales Tax will address the annual debt service for the 2017 LRBs. In 2021, the City issued approximately $350 million in Pension Obligation Bonds (POBs) to finance the UAL balance based on the CalPERS Actuarial Valuation as of June 30, 2019. More discussion on POBs is provided in the Expenditures section of this document. While the City has several outstanding bond issuances, the General Fund’s portion of the annual debt service payments is approximately $17.3 million for FY 2024. This represents approximately 6.7% of the General Fund revenues for FY 2025. Minimizing the annual General Fund debt service payments supports maintaining flexibility within the General Fund, as a low percentage of the General Fund revenue is dedicated to long-term ongoing obligations. The City complies with the City’s Debt Policy goal to limit the total amount of annual debt payments payable by no more than 10% of estimated total General Fund revenues. Additional information related to the City’s outstanding debt can be found on the City’s website: https://www.chulavistaca.gov/departments/finance/financial-reports. Page 242 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 26 FACTORS NOT INCLUDED IN THE PLAN Development Impacts As new major developments are proposed in the City, each developer is required to submit a fiscal impact analysis to ensure that the City’s revenues generated from the project will meet or exceed the anticipated expenditures. However, the actual timing of the impact from new development in revenues and expenditures is difficult to predict. As the development projects vary, such as new hotels or new housing, various factors influence the impact of the projects. The timing of the revenues related to new development can vary greatly depending on how fast the market can absorb the new inventory and the economic condition throughout the development process. Economic Downturn(s) As previously discussed, the potential for an economic downturn is plausible. However, the LTFP does not attempt to incorporate the impact of a downturn as the timing and duration of a downturn is difficult to project. While the growth projections incorporated into the LTFP are conservative, the growth factors will be re-evaluated as needed based upon future economic indicators and as data becomes available. GENERAL FUND RESERVES City Council Policy No. 220-03 establishes a General Fund Operating Reserve Fund for the City. The General Fund Operating Reserve (Operating Reserve) represents unrestricted resources or unassigned balance available for appropriations by the City Council to address extraordinary needs. The policy sets the long-term goal of building a General Fund Operating Reserve of no less than 15% of the City’s operating expenditures. Per the policy, the Operating Reserve is to be used to provide temporary financing for unanticipated extraordinary needs of an emergency nature, such as major storm drain repairs, litigation, or settlement costs or an unexpected liability created by Federal or State legislative action. Authorized use of this Operating Reserve requires approval by four/fifths vote of the City Council. In addition to the Operating Reserve, Policy No. 220-03 established the Economic Contingency Reserve (Contingency Reserve) and the Catastrophic Event Reserve (Catastrophic Reserve). The funding goal for these reserves is 5% and 3% of the annual operating budget, respectively. The Contingency Reserve is funding set aside to mitigate a significant downturn in the economy; while the Catastrophic Reserve is to be used to address unexpected expenses related to a major natural disaster in the City. Usage of either of these funds requires authorization by four/fifths of the City Council. It is anticipated that the funding of these reserves would be a long-term goal and would be funded from unanticipated revenues or expenditure savings. The City Council specifically amended this policy on November 3, 2020 with the adoption of Pension & OPEB Reserve Fund Policy No. 220-09, which provides, in relevant part, that: i. Allocations for the Section 115 Trust, referred to as the Pension Reserve Fund (“PRF”), will only occur after the full funding of the 15% General Fund Operating Reserves; and ii. Upon meeting the 15% General Fund Operating Reserves, 75% of all future surplus funds will be transferred to the PRF, and the remaining 25% will be allocated to the Economic Page 243 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 27 Contingency Reserves and Catastrophic Event Reserves in accordance with this Policy; and iii. In the event all three General fund reserve accounts are fully funded at the stated policy percentage, 100% of surplus funds will be transferred to the PRF until it reaches 15% of General Fund Expenses (excluding Measure A & P, identical dollar amount to the General Fund Operating Reserves). The annual budget does not include a line-item to build reserves; all anticipated revenues have been budgeted in order to balance the budget. Higher reserve levels will help mitigate the negative impact on revenues from economic fluctuations, support debt service coverage ratios, and provide a resource to fund unforeseen expenditure requirements. The following chart depicts the General Fund operating reserves since Fiscal Year 2019 as a percentage of the respective adopted budgets. As the reserve is intended to be a gauge of the General Fund, Measure P, and Measure A funding are not included in the calculation of the General Fund Reserve. General Fund Operating Reserve Fiscal Year 2019 to Fiscal Year 2023 Page 244 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 28 POTENTIAL SOLUTIONS FOR ADDRESSING PROJECTED DEFICITS The LTFP projects future deficits throughout the Plan period, with increases in expenditures projected to outpace revenue growth. Below are possible actions that could be further explored in order to develop potential actions to mitigate future deficits. • Technology – Identify and purchase technology that provides a positive return on its public investment. Technology can increase service levels to the constituents without raising costs to the City (e.g., Third Party Mobile Applications); create new revenues to the City that exceed its costs; or reduce costs overall through the replacement of manual processes (e.g., provide more services with the same number of staff). • Efficiency – Evaluate current City processes for potential efficiencies in delivering City services. Efficiencies could allow for the delivery of City services for less cost or provide greater benefits to the public. • Policies for use of One-Time Funds – Many cities establish policies to guide the usage of one-time funds so that as grants, donations, and unexpected revenues are received, the funds are allocated to the highest priority in the City automatically. A typical one-time funds policy would first allocate additional revenues to a reserve fund until the minimum required reserve is met, a vehicle and equipment replacement fund, and finally a comprehensive asset management program (capital projects). Other potential uses of one-time funds include projects and services that create ongoing revenue streams (e.g., solar projects, business attraction incentives, etc.). • Use of Public Private Partnerships – Public private partnerships are cooperative agreements between a government agency (City), and the private sector to deliver a service or a project and can take a variety of forms. One great example of this type of partnership currently taking place in the City of Chula Vista is within the City’s library system. Several non-profit organizations partnered with the City to provide services to the public at local libraries at low or no cost. Other creative public-private partnerships that have been used by other cities include adopt-a-park programs where residents or local organizations volunteer to maintain or rehabilitate an existing park (e.g., Living Coast Discovery Center, Olympic Training Center). • Internship/Volunteer Programs – Utilize volunteers and internships to support City staff with one-time projects, special events, research, and analysis. While these individuals will not perform day-to-day duties of current City employees, they are able to add value without significant cost. A robust internship/volunteer program can create significant financial benefits to the City while providing the individuals volunteering valuable experience and skills that can make them more attractive when seeking full-time employment. • Contract Services – Cities commonly contract out for a variety of services including but not limited to: legal; engineering; financial; and specialty services, typically in cases where the City does not possess the in-house expertise to perform the function most efficiently. • Service Levels – Service level can be defined simply as the quantity and quality of the services Page 245 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 29 provided by a City. As economic cycles occur and City revenues rise and fall, the most difficult job for a City is to maintain service levels. The structural deficit detailed in the LTFP demonstrates the severity of the projected fiscal condition of the City and the importance of balancing service levels with financial resources. The City should undertake a comprehensive review of all the services provided by the City. By defining these services and setting a minimum standard for the delivery of those services, a model could be developed that prioritizes where potential reductions in service level could take place with the least overall impact to the residents of Chula Vista. • Fees/Cost Recovery – In general, local governments provide many services to the general population at no charge (e.g., Police, Fire, Road Maintenance, Park Maintenance, etc.). These services are paid for with general revenues that the City receives including sales tax, property tax, and a variety of other general revenue sources. Cities also provide many services that are a specific benefit to the party requesting the service. The parties benefiting from these special services are charged a fee. Reviewing development plans, inspecting buildings, and renting a park space are all examples of services the City provides that are paid directly by a resident or developer. The City’s current Master Fee Schedule was adopted to set the fees for all services the City provides directly to individuals, and businesses. In practice, fees should be set to recover all costs. Some services are subsidized by the City in order to encourage participation in a program or event. It is important to review all subsidized fees periodically to assess the feasibility of continuing to subsidize these services in the future. POTENTIAL SOLUTIONS TO RESOLVE STRUCTURAL INFRASTRUCTURE DEFICIT The City’s assets continue to age and will require additional repair and rehabilitation in the coming decade and beyond. Measure P, passed in November 2016, continues to provide much needed funding for a significant portion of the City’s Asset Management Program, but only two fiscal years of Measure P Sales Tax collection remain, expiring in April 2027. The City's Infrastructure, Facilities and Equipment Expenditure Plan has guided implementation of Measure P sales tax funds and has been successfully used to upgrade police, fire, paramedic and 9-1-1 equipment, vehicles and facilities; fund streets and sidewalks; replace storm drains to prevent sinkholes; improve parks; repair recreation facilities; and repair and replace other city infrastructure. While Measure P does address a significant amount of deferred maintenance items, the infrastructure needs of the City identified in the asset management exceed the funding anticipated to be generated from Measure P. The City will need to continue to pursue additional funding sources to address the City’s capital needs. Many of the solutions mentioned in the operating section overlap into the infrastructure section. These include Public/Private Partnerships, Competitive Purchasing, Use of One-Time Funds, and Service Levels. Page 246 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 30 CONCLUSION The LTFP presents a baseline scenario for City General Fund resources over a ten-year period based on currently available information. Based on projections within the LTFP, the City will be facing modest General Fund structural deficits in the first three years of the 10-year LTFP period. In order to preserve and maintain the valuable resources, current service levels, and quality of life the community has enjoyed over the years, the City will need to make a concerted effort to monitor the growth of revenues in comparison to expenditures. Proactive planning and a commitment to a fiscally sustainable service delivery model will be required. TEN-YEAR PROJECTIONS Summary The LTFP projects structural deficits over the next three fiscal years absent further action by the City to bridge the funding gaps. The overall General Fund shortfall is projected to fluctuate beginning in FY 2025 at approximately $2.1 million and ending in FY 2027 at approximately $0.7 million. General Fund surpluses are projected for FY 2028 at $1.1 million through 2034 at $7.5 million. The following table projects revenue and expenditure categories for the City’s General Fund for Fiscal Years 2025 – 2034. Page 247 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 31 Page 248 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda FY 2025-2034 City of Chula Vista - General Fund Long-Term Financial Plan Page | 32 (1) Major Discretionary Revenues is the total of the following budget revenue categories: Property Tax, Sales Tax, Measure P Sales Tax, Measure A Sales Tax, Property Tax in lieu of VLF (VLF), Franchise Fees, Transient Occupancy Tax (TOT), and Utility Users’ Tax (UUT). (2) Other Revenues is the total of the following budget revenue categories: Development Revenue, Licenses and Permits, Fines, Forfeitures & Penalties, Use of Money and Property, Other Local Taxes, Police Grants, Other Agency Revenue, Charges for Services, Interfund Reimbursements, Other Revenues - Miscellaneous, and Transfers from Other Funds. (3) New Development Revenues & New Development Expenditures are for revenues and expenditures projected for the Otay Ranch Village 8 West Development, Millenia Library and Bayfront Fire Station anticipated to come online during LTFP term. (4) Other Expenditures is the total of the following expenditure categories: Supplies and Services, Utilities, Other Expenses, Equipment, Internal Services, and Transfers/Debt Service. Page 249 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Item 8.1: General Fund Long Term Financial Plan for 2025-2034 November 28, 2023 Page 250 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda General Fund Long-Term Financial Plan 2 •Applies to General Fund only •Projects funding surpluses/shortfalls •Encourages discussion to proactively address the City’s long-range funding needs •Not a budget, but highlights the need to plan for the allocation of City resources for continued delivery of core services at current service levels The General Fund Long-Term Financial Plan (LTFP) serves as a long-range fiscal planning tool Page 251 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda LTFP Framework 3Page 252 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda The Big Picture •Time-Series Econometric Approach –Vector autoregression captures historical relationships over time –Historical correlations are used to inform and predict the future •Top-Down Modeling Technique –Forecast U.S. economy, from employment to output –U.S. forecast guides California model –California model used to guide San Diego –San Diego model guides sub-regional forecast –Forecasts of local population and labor force anchor city and county projections to growth dynamics of local area •Holistic Approach to Revenue Forecasting –Incorporates broad macro trends in Nation/State –Combines trends with local -specific performance –Accounts for previous blips and under-/over-performance 4Page 253 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda National Outlook 5Page 254 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda National Outlook 6 -0.6% 2.7%2.6%2.2%2.1% 4.9% •U.S. Economy Far From a Downturn –Solid GDP growth in 2023 fueled by consumer spending and the tight labor market –Unemployment rate of 3.9% as of October –Continued jobs growth (1.9% YoY in October) –Industrial production remains near record highs –Profit and wages are rising –Household debt to disposable income ratio same as pre-pandemic –Inflation is easing Page 255 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda National Outlook 7 •Still, There are Headwinds –More Fed tightening is likely •Current upper bound of 5.5% on Fed Funds rate may not be restrictive enough to get inflation down to 2% •Fed’s preferred inflation measure is currently at 3.4% •U.S. economy has weathered rate hikes over past year due to massive government stimulus during pandemic and excess consumer savings –Limited interest rate stresses •Sharp rise in cost of capital is causing stress, particularly in real estate •But that stress hasn’t spread to debt markets as overall delinquency rates are at record lows –Economy is at an inflection point •We are coming off a surge in consumer spending and the decline in many indicators is also a reversion back to pre-pandemic levels and trends --Fed actions could tip things into a recession, but that is not an imminent possibility right now Page 256 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda California Outlook 8Page 257 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda California Outlook 9 •California a Leader in Jobs Creation –More than 440,000 jobs added since the trough of the pandemic •Labor Market is still Strong –Unemployment rate is 4.7% as of September, up from 4% a year ago, but still low from a historical view •Home Prices Bouncing Back –Median sale price for existing single-family homes is more than 40% above pre-pandemic peak (February 2020), and only 6.5% below pandemic peak (March 2022) •California’s jobs growth a function of its size –Modest employment growth translates into a large number of new jobs. In percentage terms, California has exhibited the slowest growth among “jobs states” (e.g., TX, FL, NC, WA, AZ, UT) and ranks near the middle of all states •Lack of Housing Supply will continue to constrain jobs growth and the labor force Page 258 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda San Diego County & Chula Vista Housing Sector 10 •Higher interest rates have spurred declines in transaction activity •”Lock-in” effect further slowing home sale activity •Return to slow growth in 2024, stronger growth anticipated in 2025 as mortgage rates ease further •Prices have fallen from their pandemic peak, but this is coming off rapid growth in 2021 and 2022 •Already low inventory, exacerbated by declining sales, has already sent prices climbing again past the pre-pandemic peak •After weak growth of 1.3% in 2023, prices growth is expected to accelerate to 6.7% in 2024 Page 259 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Regional Employment Growth From Pre-Pandemic Peak 11Page 260 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Local Labor Market at an Inflection Point After Rapid Growth of Past Two Years 12Page 261 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Putting the Decline in Consumer Spending in Context 13Page 262 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Summary 14 •A recession is not an imminent possibility •The economy is coming back down to earth after the post-pandemic recovery •While the labor market is cooling, this is coming off incredible growth during the past two years •We’re on track for a soft landing; however, overzealous Fed tightening could tip things to a recession •Overall slower growth is expected in 2024 •Home sales expected to return to growth in 2024 as mortgage rates level off to the 6%-6.5% range Page 263 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda LTFP Assumptions •Current labor agreements (MOUs) •New facilities •Planned commitments •Sunset of Measure P Sales Tax •No economic downturns/recessions 15 This Photo by Unknown Author is licensed under CC BY-SA Page 264 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda REVENUES 16Page 265 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda LTFP Revenue Assumptions 17 Revenue Category FY 2025 Growth Rate Compared to Adopted FY 2024 Budget FY 2026 –FY 2034 Growth Rates Property Tax 7.8%6.4% –4.0% Motor Vehicle License Fee (MVLF)5.5%6.4% –4.0% Sales Tax 6.8%4.3% –3.0% Measure P (Sales Tax)8.3%3.8%; Ends March 2027 Measure A (Sales Tax)8.2%4.3% –3.0% Franchise Fees 2.0%2.0% Transient Occupancy Tax (TOT)4.7%7.8% –2.0% Utility Users’ Tax (UUT)0.5%0.5% Page 266 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Revenue Projections (FY 2025 –FY 2029) 18Page 267 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Revenue Projections (FY 2030 –FY 2034) 19Page 268 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda EXPENDITURES 20Page 269 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda LTFP Expenditure Assumptions 21 Expenditure Category FY 2025 Growth Rate Compared to Adopted FY 2024 Budget FY 2026 Growth Rate FY 2027 –FY 2034 Growth Rate Personnel Services 4.8%Various Various Health Insurance 5.0%5.0%5.0% Retirement 8.0%2.3%(0.2)% -2.6% Supplies and Services (2.4)%2.2%1.9% -2.7% Utilities 4.4%4.9%4.9% Internal Services 1.4%2.0%2.0% Page 270 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Pension Related Costs 22 $12.0 $12.0 $12.2 $11.6 $11.9 $14.8 $12.8 $13.3 $13.1 $15.0 $17.8 $19.5 $0.7 $- $5.0 $10.0 $15.0 $20.0 $25.0 $30.0 $35.0 FY 2019 Actual FY 2020 Actual FY 2021 Actual FY 2022 Actual FY 2023 Actual FY 2024 AdoptedMillions Normal Costs POB Debt Service UAL Costs Page 271 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Transfers Out No Net Impact Measure A Measure P RV Park Sales Tax Transfers Out Public Liability Trust Debt Service Section 115 Trust Contribution 23Page 272 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda New Development Expenditures •Bayfront Fire Station •Otay Ranch Village 8 West •Millenia Library 24Page 273 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Expenditure Projections (FY 2025 –FY 2029 in millions) 25Page 274 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Expenditure Projections (FY 2030 –FY 2034 in millions) 26Page 275 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SUMMARY 27Page 276 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Projection Summary 28 Adopted FY FY FY FY FY FY FY FY FY FY FY 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 Revenues Major Discretionary Revenues 207.3 221.1 231.7 234.2 219.2 226.4 233.9 241.6 249.6 257.8 266.4 Other Revenues 50.9 50.3 52.0 51.8 52.5 52.8 52.9 53.7 54.5 55.3 56.2 New Development Revenues - 2.0 2.7 3.5 3.8 4.0 4.1 4.2 4.4 4.5 4.7 Total General Fund Revenues 258.2 273.4 286.4 289.4 275.6 283.2 290.9 299.5 308.4 317.7 327.2 Year-over-Year Change 5.9%4.7%1.1%-4.8%2.8%2.7%3.0%3.0%3.0%3.0% Expenditures Personnel Services Expenditures 132.9 144.8 153.1 161.7 168.6 175.4 180.8 185.6 190.8 196.2 201.5 Other Expenditures 125.3 126.6 127.7 122.0 98.8 99.4 101.4 103.9 106.4 109.6 109.7 New Development Expenditures - 4.1 5.7 6.5 7.1 7.4 7.7 7.9 8.1 8.3 8.5 Total General Fund Expenditures 258.2 275.5 286.6 290.2 274.4 282.3 289.9 297.4 305.2 314.0 319.7 Year-over-Year Change 6.7%4.0%1.3%-5.4%2.9%2.7%2.6%2.6%2.9%1.8% General Fund Surplus / (Deficit)- (2.1) (0.2) (0.7) 1.1 1.0 1.0 2.1 3.2 3.6 7.5 -0.8%-0.1%-0.3%0.4%0.3%0.3%0.7%1.0%1.2%2.3% Forecasted (In Millions) Surplus/(Deficit) as a % of Budget Page 277 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Projection Summary 29 $250.0 $260.0 $270.0 $280.0 $290.0 $300.0 $310.0 $320.0 $330.0 $340.0 FY 2024 FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 FY 2031 FY 2032 FY 2033 FY 2034MillionsGeneral Fund Forecast Total General Fund Revenues Total General Fund Expenditures Page 278 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Item 8.1: General Fund Long Term Financial Plan for 2025-2034 November 28, 2023 Page 279 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda v . 0 03 P a g e | 1 November 28, 2023 ITEM TITLE Privacy Protection and Technology Advisory Commission: Discuss and Determine Procedures to Nominate and Appoint the Initial Commissioners and Make the Nominations and Appointments Report Number: 23-0213 Location: No specific location Department: City Clerk Environmental Notice: This 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 A) Discuss and determine procedures to nominate and appoint members to the Privacy Protection and Technology Advisory Commission; and B) Make nominations and appointments to the Commission from the applicants who submitted qualified applications during the application period. The qualified applicants are: Marlano Batson, Jared Blackwell, Guy Chambers, Timothy DeMarco, Veronica Ferguson, Daniel Garate, Robert Godinez, Adolfo Gonzales, Susan Lake, Lucia Napolez, Thomas Pineda, Richard Pulido, Merzon Jeff Quiazon, Joaquin Quintero, Pati Ruiz, Devon Williams, and Eric Wood. SUMMARY The Privacy Protection and Technology Advisory Commission became effective in August 2023. Seventeen qualified applications were received during the application period. The City Council may discuss and determine the procedures to nominate and appoint the initial members to the Privacy Protection and Technology Advisory Commission, and then make the nominations and appointments as appropriate. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment. Page 280 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 2 Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background Chula Vista Municipal Code (CVMC) Chapter 2.65 (Attachment 1), creating the Privacy Protection and Technology Advisory Commission (PTAC), became effective on August 24, 2023. The application period to fill the initial commission opened on August 1, 2023, and closed on October 16, 2023. Seventeen qualified applications were received within the application period and are provided in Attachment 2. Also included is the City Manager’s input on the applicants’ qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made, per CVMC 2.65.050(D). The applications were provided to the City Council and made available to the public online at www.chulavistaca.gov/ptac on October 25, 2023. Privacy Protection and Technology Advisory Commission Composition The PTAC consists of seven voting members and one ex officio member, nominated and appointed as follows: A. District-Based Nominations: Four voting members are nominated and appointed using the district- based appointment process specified in CVMC 2.25.052(C). B. Mayoral Nominations: Following the four district-based appointments, three additional voting members are nominated using the general appointment process (Mayoral nomination) specified in CVMC 2.25.052(A). C. Ex Officio (Non-Voting Member) Nomination by City Manager: The City Manager may nominate up to three individuals following the designated-member appointment process specified in CVMC 2.25.052(D). The nomination of the ex officio member will be presented to the City Council for consideration of appointment at a future meeting. All PTAC members should have expertise and background in at least one of the fields described below, per CVMC 2.65.050(C). At least one voting member should represent each expertise field described. Notwithstanding the foregoing, the absence of candidates with expertise in one of the following areas shall not preclude the appointment of the full PTAC. 1. Information Technology and Data Security. Experience and/or expertise in cyber security and sensitive personal information management and protection. 2. Privacy Protection. Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency. 3. Accounting and Finance. Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. 4. Public Safety. Experience and/or expertise in federal, state, or local government public safety functions and operations. Page 281 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 3 5. Equity and Civil Rights. Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. ACTION A: Determine Nomination and Appointment Process Under CVMC 2.65.050(A), the district-based nominations and appointments will be made first, followed by the general appointments (Mayoral nomination). No further process is specified for the order in which the initial district-based nominations are made. It is in the City Council’s discretion to decide the method and order to nominate and appoint those seats. Some nomination process options the City Council may wish to consider are: 1. Nomination by Seniority Order. In seniority order, each Councilmember nominates an applicant for appointment. If the nomination receives a second, it is voted upon immediately. If there is no second or a motion fails, the next member in rotation makes a nomination. Nominations continue in seniority order until each Councilmember has had a nominee appointed. Seniority order: Deputy Mayor Preciado, Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez. 2. Nomination Order Determined by Lot. The City Clerk may be directed to determine the order in which Councilmembers make nominations and appointments by random drawing. In the order drawn, each Councilmember nominates an applicant for appointment. If the nomination receives a second, it is voted upon immediately. If there is no second or a motion fails, the next member in rotation makes a nomination. Nominations continue in the randomly determined order until each Councilmember has had a nominee appointed. 3. Other Process as Determined by the City Council. A majority of the City Council may determine an alternative nomination process. ACTION B: Nominations and Appointments for Four District-Based Seats and Three General Appointment (Mayoral Nomination) Seats 1. Following the determination of the nomination process, district-based nominations and appointments may be made. At least three affirmative votes of the City Council are required to make an appointment. 2. Following the nominations of the district-based seats, the Mayor may make nominations for the remaining three voting seats, subject to the City Council’s approval, with a goal of addressing all areas of expertise identified in CVMC 2.65.050(C). At least three affirmative votes of the City Council are required to make an appointment. Additional Information Should the Mayor or City Councilmembers determine that an insufficient number of applications remain to make their nomination, a majority of the City Council may direct the City Clerk to re-open the application period and solicit additional applications. Page 282 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda P a g e | 4 Following the appointment of the initial PTAC members, an item will be brought for the City Council’s consideration to ratify the nomination of the ex officio (non-voting) member. Newly appointed PTAC members will be scheduled for their oath of office at the next available City Council meeting. The initial meetings of the PTAC are anticipated in early 2024. 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 Councilmember of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the general fund as a result of this item. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the general fund as a result of this item. ATTACHMENTS 1. Chula Vista Municipal Code Chapter 2.65: Privacy Protection and Technology Advisory Commission 2. Qualified Applications Staff Contact: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 283 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 2.65.010 2.65.020 2.65.030 2.65.040 2.65.050 2.65.060 Chapter 2.65 PRIVACY PROTECTION AND TECHNOLOGY ADVISORY COMMISSION Sections: Creation. Purpose and intent. Functions and duties. Limits on authority. Membership. Meeting frequency and schedule. 2.65.010 Creation. There is hereby created a Privacy Protection and Technology Advisory Commission (the “Commission”). The provisions of Article VI of the City Charter, the general rules governing boards and commissions set forth in Chapter 2.25 CVMC, and the provisions of this chapter shall govern the Commission. (Ord. 3553 § 1, 2023). 2.65.020 Purpose and intent. It is the purpose and intent of the City Council in establishing the Commission to create an advisory body to receive public input and serve as a resource to advise and make recommendations to the City Council to advance the City Council priorities of improving sensitive personal information management, security, and privacy. (Ord. 3553 § 1, 2023). 2.65.030 Functions and duties. The functions and duties of the Commission shall be as follows: A. Review and advise the City Council on the City’s technology use policies. B. Review and advise the City Council on City’s Surveillance Technology impact reports and annual reports, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). C. Review, consider, and provide recommendations to the City Council on the acquisition of Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04) during the City’s acquisition process. Your Selections | Chula Vista Municipal Code Page 1 of 3 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. Page 284 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda D. Review and advise the City Council on the procurement standards for agreements involving Sensitive or Surveillance Technology, as described in the Privacy Protection and Technology Transparency Policy (Council Policy 112-04). (Ord. 3553 § 1, 2023). 2.65.040 Limits on authority. Per Charter Section 600, the Commission shall have no authority to direct the conduct of any department. The Commission is advisory in nature, and as such shall have no authority to approve, disapprove, or prevent any City action. (Ord. 3553 § 1, 2023). 2.65.050 Membership. A. The Commission shall consist of seven Voting Members and one Ex Officio member to be nominated and appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. District-Based Appointments. Four Voting Members shall be nominated and appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). A nominee shall not be required to live in the same district as the respective nominating Council member. 2. General Appointments. Following the four district-based appointments, three additional Voting Members shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A), with a goal of addressing all areas of expertise identified in subsection (C) of this section. 3. Future Vacancies. Future vacancies of District-Based Appointment seats and General Appointment seats shall be filled pursuant to subsection (A)(1) or (A)(2) of this section, respectively, with the aim to preserve the Commission’s subject matter competency as outlined in subsection (C) of this section. B. Nonresidents of the City of Chula Vista may be appointed and serve as Voting Members or Ex Officio Members if they own and operate a business and/or property with a physical address in the City of Chula Vista. Appointment of nonresident members must be passed by at least a four-fifths vote of the Council, in accordance with Charter Section 602(D). C. All Commission members should have expertise and background in at least one of the fields described in subsections (C)(1) through (5) of this section. Each of the expertise fields described in subsections (C)(1) through (5) of this section should be represented by at least one Voting Member. Notwithstanding the foregoing, the absence of candidates with expertise in one of the following areas shall not preclude the appointment of the full Commission. 1. Information Technology and Data Security. Experience and/or expertise in cyber security and sensitive personal information management and protection. Your Selections | Chula Vista Municipal Code Page 2 of 3 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. Page 285 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. To be notified when additions, amendments, or revisions are made to the code, send your e-mail address to (be sure to add "Chula Vista Municipal Code" in the subject line) CPC@codepublishing.com. City Website: www.chulavistaca.gov Hosted by Code Publishing Company, A General Code Company. 2. Privacy Protection. Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency. 3. Accounting and Finance. Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. 4. Public Safety. Experience and/or expertise in federal, state, or local government public safety functions and operations. 5. Equity and Civil Rights. Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. D. The City Manager or designee with expertise in the fields described in subsections (C)(1) through (5) of this section shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made. E. The Ex Officio Member shall be nominated by the City Manager and appointed in accordance with the Designated Member Appointment Process specified in CVMC 2.25.052(D). For purposes of CVMC 2.25.052(D), the City Manager is the Nominating Authority. (Ord. 3553 § 1, 2023). 2.65.060 Meeting frequency and schedule. In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter. (Ord. 3553 § 1, 2023). Your Selections | Chula Vista Municipal Code Page 3 of 3 The Chula Vista Municipal Code is current through Ordinance 3553, passed July 25, 2023. Page 286 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 287 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Date: October 23, 2023 To: Kerry Bigelow, City Clerk From: City Manager Maria V. Kachadoorian Subject: Privacy Protection & Technology Advisory Commission Initial Applicants In July 2023, the City Council adopted an ordinance creating the Privacy Protection and Technology Advisory Commission (PTAC) in accordance with Council Policy 112-04: Privacy Protection and Technology Transparency Policy. PTAC is governed by Chula Vista Municipal Code (CVMC) Chapter 2.65. Pursuant to CVMC 2.65.050 (D), the City Manager “shall have the opportunity to review applications and provide input on the applicant’s qualifications, which shall be considered by the Mayor or City Councilmember before a nomination is made.” The candidates below are placed in the categories they are most qualified in based upon review of the information provided by applicants. Please feel free to contact me if you have any questions. INFORMATION TECHNOLOGY & DATA SECURITY Name Daniel Garate Eric Wood Marlano Batson Merzon Jeff Quiazon Pati Ruiz Richard Pulido Thomas Pineda PRIVACY PROTECTION Name Eric Wood Jared Blackwell Merzon Jeff Quiazon Pati Ruiz Richard Pulido Thomas Pineda ACCOUNTING & FINANCE Name Marlano Batson Veronica Ferguson PUBLIC SAFETY Name Adolfo Gonzales Eric Wood Guy Chambers Richard Pulido Timothy DeMarco EQUITY & CIVIL RIGHTS Name Pati Ruiz Robert Godinez Susan Lake OTHER- NONE OF THE ABOVE Name Lucia Napolez Devon Williams Joaquin Quintero Page 288 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Privacy Protection and Technology Advisory Commission Applicants are listed in alphabetical order by last name. For easier navigation, click on the page number to view the corresponding application or use the bookmarks. Applicant Name Page Number Batson, Marlano 3 Blackwell, Jared 11 Chambers, Guy 18 De Marco, Timothy 26 Ferguson, Veronica 33 Garate, Daniel 40 Godinez, Robert 47 Gonzales, Adolfo 53 Lake, Susan 67 Napolez, Lucia 73 Pineda, Thomas 83 Pulido, Richard 95 Quiazon, Merzon 104 Quintero, Joaquin 114 Ruiz, Pati 118 Williams, Devon 126 Wood, Eric 133 Page 289 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Batson, Marlano Page 3 of 140 Page 290 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Saturday, October7, 20231:22AM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORT BUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 10/07/20231:22AM Response #: 15 Submitter ID: 112381 IPaddress: Timetocomplete: 24min. , 45sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName Marlano Batson 4. Email 1 Page 4 of 140 Page 291 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. Notapplicable 12. Howlong haveyoubeena residentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 17years 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive map andverify yourDistrictofresidency 3 14. Present employer BostonConsultingGroup 15. Position Project Leader 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. Notapplicable 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Information \[×\] Accounting Technology & andFinance - DataSecurity - Experience Experience and/or and/or professional expertisein credentialsin cybersecurity contracting, 2 Page 5 of 140 Page 292 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda andsensitive procurement, personal publicauditing, information control, management compliance, andprotection. and/orgeneral oversight professional services. 19. Ifyou selectedoneormore oftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) Myexperience asaformer publicaccountingITauditorintheareaofinformation technology anddatasecurity demonstrates mydedication toprotecting sensitive personaldata. Ihavepracticalexperienceinevaluatingandimproving cybersecurityprotocols, ensuring thatvitaldatais protectedfromchangingthreats. Myexpertise ininternal controls, a crucialcomponent ofITaudit, enablesmetofindweaknessesandstrengthen systems, fostering a robust defenseagainst futureintrusions. Additionally, Iamwell-equippedtotraversethecomplexwebofdataprivacyrequirements toensurethat theinformation inourcommunity continues tobe inaccordancewithapplicablelaws. Myexperienceasa managementconsultanthassharpened myfinancialmonitoring skillsin accounting andfinance. My contributions to thebudgeting and forecastingprocedures, whichhelpintheeffective allocation ofresources, serveasan example ofmyfinancial savvy. Additionally, mystrongbackground in publicaccounting (e.g., auditsandfinancialcontrols), pairedwithmyCPAlicense, givesmeanastute eyeforfinancial concerns. Inessence, mymultifaceted experiences inInformation Technology & Data SecurityandAccounting andFinanceconverge tocreate askillsetuniquelysuited tothePrivacyProtection & TechnologyAdvisoryCommissioner role. Ibringaholistic understandingof bothtechnological andfinancial dimensions, ensuringthatourcommunity'stechnologypolicies balance innovation and protecting sensitivepersonal information. Mycommitment toethical practices, transparency, and data securitywillremainunwavering asIcontribute to thecommission'smission. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfI amcurrently servingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthave servedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. I havereadand MB acknowledge theabove statements. (please initial) 23. Whatdoyou hopetoaccomplishinthe roleofaPrivacy Protection & Technology Advisory Commissioner? (250wordsor less) Inthecapacityofa Privacy ProtectionandTechnology Advisory Commissioner, myaspiration istoleverage mydiverse professionalbackgroundto serveourcommunity effectively. Iaimto achievethefollowing criticalobjectives: PolicyEnhancement: Iwillactivelycontributetothedevelopment ofrobust technologypolicies, ensuringtheystrikea 3 Page 6 of 140 Page 293 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda delicatebalancebetweentechnologicaladvancementandprivacyprotection. Surveillance Oversight: MyexperienceinITauditingwillenablemetoprovidevigilantoversightofsurveillance technology, emphasizingtransparency, responsibleuse, andethicaladherence. Procurement Standards: Iamcommitted toestablishingstringentprocurementstandardsforsensitiveorsurveillance technology agreements, emphasizingaccountability, dataprotection, and privacycompliance. Information Security: Leveragingmyriskmanagementbackground, Iwillfocusonenhancing sensitivepersonalinformation management, security, andprivacy through advancedmeasures. Community Engagement: Engagingwiththepublicandgatheringdiverse perspectives willbeapriority. Iaimtoensurethe Commission remainsresponsive toevolving privacyconcerns. Insummary, mydedication istobeavigilant advocate forresponsible andethicaltechnology use. Through collaboration withfellowcommissioners, cityofficials, andthepublic, Iaimtocreate asafer, moresecure, andprivacy-conscious technological environment forallresidents 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial MB Marlano.Batson_Resume_BCG2023.pdf Acknowledgments 25. TheCityunderstands meeting schedules andindividualavailabilitymaychange. Weask thatyou consider themeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regular meetingsbywritten resolutionandmaychange itsregularmeetingday, time, orlocationbywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledas needed. Ordinance No. 3553 Enteryourinitialsto MB acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto MB acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomicinterestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto MB acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto MB acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. 4 Page 7 of 140 Page 294 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Enteryourfullnameto MB acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 5 Page 8 of 140 Page 295 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 9 of 140 Page 296 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 10 of 140 Page 297 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Blackwell, Jared Page 11 of 140 Page 298 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Thursday, August17, 20233:56PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORT BUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 08/17/20233:55PM Response #: 9 Submitter ID: 111270 IPaddress: Timetocomplete: 21min. , 36sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName Jared Blackwell 4. Email 1 Page 12 of 140 Page 299 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. NA 12. Howlonghaveyou beenaresident and/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 22years 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive map andverifyyourDistrictofresidency 2 14. Present employer AirForce Reserves 15. Position AirTransportation Specialist 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. Notanswered 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Information \[×\] Privacy \[×\] Equityand Technology & Protection - CivilRights - DataSecurity - Experience Experienceor Experience and/or legal and/or academic or background in expertisein legal the advocacy cybersecurity background for 2 Page 13 of 140 Page 300 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda andsensitive relatedto marginalized personal individual groupsand information privacy communities management protection, whohave andprotection. open traditionally government experienced principlesand privacyand structures, civil rights and/or concerns based government on sex, gender, transparency. disability, socio-economic profile, nationalorigin, culture, or ethnic background. 19. Ifyou selectedoneormore oftheareasofexpertiseandexperience above, pleasedescribe the expertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) Ihaveexperienceindata securitybecauseofmymilitaryexperience. Ihaveasecretsecurity clearance, soIamrequiredto dotrainingonpersonal informationmanagement andprotectionduring mymilitaryservice. Ihaveexperienceinprivacyprotectionbecauseofmyextensive experienceasalegislativeintern forfour different politicians. Iinteractwithconstituents onaregular basis andhavetoactively protecttheirprivacyandpersonalinformation. Mylegislativeinternships alsogivemeexperience in government transparencyandunderstanding governmentstructures. Ihaveexperience inequityandcivilrightsbecauseof mytimeserving asOff-Campus Senator forUCSanDiego'sstudent government. Irepresentedover30,000undergraduatestudents andactively advocatedformarginalizedgroupssuchas students with disabilities. Specifically, IwroteaLetterofEndorsement, whichwaspassedunanimously bytheUCSanDiego Senate, fora disabled UCSDalumwho createdanAIthat makesonlinelectures moreaccessibleforstudents with disabilities. Through that LetterofEndorsement, theimplementationofthatAIcanbegininUCSDclassrooms, whichwill improve thecollege experienceforcountless students withdisabilities. TheUCSDalumwhomadetheAIisMonal Parmar andhiscreationiscalled EVT.ai. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipal CodeSection2.25.030, Iunderstand: IfI amcurrently servingonaboard orcommission, I mustresignfrommycurrentboard orcommissionif Iam appointed. I musthaveserved atleast 12monthson mycurrentboard orcommissioninorder tobeappointedtoanotherboard or commission. I havereadand JB acknowledge theabove statements. (please initial) 3 Page 14 of 140 Page 301 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 23. WhatdoyouhopetoaccomplishintheroleofaPrivacyProtection & TechnologyAdvisoryCommissioner? (250wordsor less) AsaPrivacyProtection & Technology Advisory Commissioner, Iwouldthoroughly andcompassionately hearinputfromthe public, andthoughtfully advise theCityCouncil. Iwouldcollaborate withmyfellowcommissioners toprovide equitable recommendations on privacyprotections andtechnologyissues. Asacommissioner, I hopetoprotectmarginalized communities frompredatory technologiesthatwouldcompromisetheirprivacyandpersonalinformation. Iwanttoprovide equitabletreatment andconsideration to allChula Vistaresidents, astoincreasetrustbetweenresidents andthe local government. Iwant toprovidetransparencytoChulaVistaresidentsthathave comments orconcerns aboutthePrivacy Protection andTechnologyAdvisory Commission. IwantChula Vistaresidents tohaveapositive orproductiveexperience wheninteracting with thePrivacyProtection andTechnology Advisory Commission. Icanprovide thatexceptionalcustomer serviceand constituent correspondence necessary forChula Vistaresidents totrustandutilizethecommission. 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial JB JaredBlackwellResume.pdf Acknowledgments 25. TheCityunderstands meeting schedules andindividualavailabilitymaychange. Weask thatyou consider themeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regular meetingsbywritten resolutionandmaychange itsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeeting quarterlythereafter. Specialmeetingsmaybescheduled asneeded. Ordinance No. 3553 Enteryourinitialsto JB acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto JB acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto JB acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto JB acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to Jared Blackwell acknowledgethe attestationabove. 4 Page 15 of 140 Page 302 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 5 Page 16 of 140 Page 303 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 17 of 140 Page 304 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Chambers, Guy Page 18 of 140 Page 305 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Wednesday, August16, 20233:46PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORT BUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 08/16/20233:45PM Response #: 8 Submitter ID: 111249 IPaddress: Timetocomplete: 25min. , 37sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Mr. 2. PreferredPronoun Notanswered 3. Firstand LastName GuyChambers 4. Email 1 Page 19 of 140 Page 306 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. 691FigAve Chula Vista, CA. 91910 12. Howlonghaveyoubeenaresidentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 32 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive mapandverifyyourDistrictofresidency 2 14. Presentemployer Retired 15. Position LawEnforcement 16. HaveyoueverbeenemployedbytheCityofChulaVista? Yes 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. 9-2014-9-2015and4-2018 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Privacy \[×\] Public Protection - Safety - Experience Experience and/or and/or academicor expertisein legal federal, state, background orlocal 2 Page 20 of 140 Page 307 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda relatedto government individual publicsafety privacy functionsand protection, operations. open government principlesand structures, and/or government transparency. 19. Ifyou selectedoneormoreoftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) Asan AdvisoryCommissioner, Iwould aimtosafeguardtheprivacyrightsofallindividuals. Moreover, I wouldensure that personaldata ishandledethically, securely, andtransparently. Iwillofferguidanceoninformationsystems, publicsafety intelligence, andsurveillance techniqueswhilebalancingthemwithprivacyconcernstofosteraresponsibleandrespectful useof technology 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthave servedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. I havereadand GC acknowledge theabove statements. (please initial) 23. Whatdoyou hopetoaccomplishinthe roleofaPrivacy Protection & Technology Advisory Commissioner? (250wordsor less) AsanAdvisory Commissioner, Iwouldaimtosafeguard theprivacyrightsofallindividuals. Moreover, Iwouldensurethat personaldata ishandledethically, securely, andtransparently. Iwillofferguidanceoninformationsystems, publicsafety intelligence, andsurveillancetechniques while balancingthemwithprivacy concerns tofosteraresponsible andrespectful useof technology 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial GC Guy'sWorkResume-2023.docx Acknowledgments 3 Page 21 of 140 Page 308 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 25. TheCityunderstandsmeetingschedules andindividualavailabilitymaychange. Weaskthatyouconsiderthemeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regularmeetings bywrittenresolutionandmaychangeitsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’smeetingschedule shallincludeat leastoneregularmeeting every othermonththroughDecember 31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledas needed. Ordinance No. 3553 Enteryourinitialsto GC acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto GC acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto GC acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto GC acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to GuyChambers acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. To help prot ect your priva cy, … 4 Page 22 of 140 Page 309 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda GuyE. Chambers Cell PROFILE Highly accomplishedandresults-oriented manager/leader andeffectualtrainer withover32 years ofprofessional lawenforcement experience. Extendedanddiverseexposure inmanyfacetsof lawenforcement, suchasAdministrative, Executive Management, Patrol, Investigations, Emergency Operations, Tactical Operations, Criminal Intelligence, TaskForces, andCommunity TeamBuilding Ihaveaproventrackrecordonresults-orientedprojects. Knowledge inareasofEmergency Management, Criticalincidents, StreetGangculture, StreetNarcotics, Counter Narcotics, CriminalIntelligence, TacticalSurveillance, Research Management, Computer Datamining, and JointTerrorismAssessments. Strongproblem-solvingskills withtheabilitytodevelopand implement effectiveafter-action, incidentaction, andoperational plans. Demonstrated experienceinlaw enforcement trainingprograms withareputation forgetting results through consensus building, teamwork, andpositivemotivation. Iplace astrongemphasis ontraininganddevelopment toattainoptimum performance and supportthepropersynergyoftrainingacrossallfunctional areas. Proven trackrecordof achievementsandprogressively growing responsibilities andrecognitions. Conducts apositive and “cando” attitude, whileholdingothersaccountable tothemission, goals, and values. Proactive approach towardsdecision-making. Bringstothetablecontactswith Local, State, Federal, andPrivateagencies. Eager tocombinevastlawenforcement experienceandexpertise witheffectiveleadership, teamwork, andmanagerialskillswithina position thatcanfurther enhance motivation, whileofferinga supportivehealthyworkingenvironmentandorganizational culture. WORK EXPERIENCE SanDiegoPolice Department 1980-1982 Academy Patrol Traffic Gangs Page 23 of 140 Page 310 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda SanDiegoCounty Sheriff’sDepartment 1982-2011 (Ret) Detentions Deputy- SouthBayDetention Facility- 1982-1986 PatrolDeputy- Encinitas PatrolStation- 1986-1990 DARE Instructor-1990-1992 Sergeant (Training)-S.D. Jail/GeorgeBaileyJail- 1992-1994 Sergeant- (Training-Patrol)-Encinitas PatrolStation- 1994-1996 Sergeant- (Detective)-EncinitasDetectiveDivision- 1996-1998 Sergeant- SpecialInvestigations Division- Gangs, IntelligenceandNarcotics- 1998-2001 Lieutenant- Communications andEmergency Management Center (DOC/EOC)- 2001-2003 Lieutenant- SpecialInvestigations Division- Gangs, Intelligence, JointTerrorism TaskForce andNarcotics TaskForce2003-2006 Captain- Lemon GroveSheriff’s Station-2006-2010 Captain- SanDiegoCourtServiceBureau-2010-2011 EDUCATION NationalUniversity BachelorofScience-Criminal Justice andInformation Technology Systems- withHonors LongBeachStateUniversity Masterof Science-EmergencyServicesAdministration (HomelandSecurity)-SummaCumLaude Universityof Virginia Certificate of Higher Learning-Leadership andPoliceManagement FBI National Academy- #235 PROFESSIONAL TRAINING Internal Affairs Investigations CommunityOriented Policing CulturalDiversity (Trainthe Trainer) CivilLiability Racial Profiling Police Ethicsand Morals Criminal Intelligence andSurveillance Emergency Operations andIncident Command Structure Leadership and Management Additional Training Certifications and Professional References can befurnished upon request Page 24 of 140 Page 311 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MEMBERSHIPSANDASSOCIATIONS FriendsofChulaVistaPark andRecreation FBINationalAcademy Association Retired DeputySheriff’sAssociation ofSan Diego PORACRetiredAssociation Member Page 25 of 140 Page 312 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda DeMarco, Timothy Page 26 of 140 Page 313 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Friday, October13, 202312:26PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChula Vista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORT BUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 10/13/202312:25PM Response #: 17 Submitter ID: 112583 IPaddress: Timetocomplete: 34min. , 28sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. This Commission willbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtection andTechnology Advisory Commission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName TimothyDEMarco 4. Email 1 Page 27 of 140 Page 314 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City Notanswered 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: IamaresidentoftheCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. 12. Howlonghaveyoubeenaresidentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 2004 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive mapandverifyyourDistrictofresidency 1 14. Presentemployer RetiredDeputySheriff 15. Position HonorablyRetired 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. Notanswered 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Public Safety - Experience and/or expertisein federal, state, orlocal 2 Page 28 of 140 Page 315 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda government publicsafety functionsand operations. 19. Ifyouselectedoneormoreoftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselectedarea(s). (250wordsorless) Bringmyexpertise, passion andenthusiasm fortechnology andthepublicgoodandcontributetoimportantpublicpolicy discussionsaboutdataprivacy, security andaccessrightsfor ChulaVistans. Well-developed oralcommunication skillsto respondtoissuesandprovide recommendations. Identifyandresolveissuesandproblemsaffectingcitizens inachievingits objectives. Understanding ofaccessandprivacyissuesrelatingtoinformationmanagementsystemsusedingovernmentandother organizations. Experienced inPublicSafety withyears ofemploymentasaDeputySheriff. MilitaryexperiencewithnumerousyearsasaservicememberwithgovernmentTopSecret andSecret Clearances. 20. Areyoucurrentlyservingonanyboardorcommission forChulaVistaoranyothergovernmentalagency? Yes 21. Ifso, whichones? TrafficSafetyCommission 22. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. I havereadand TD acknowledge theabove statements. (please initial) 23. WhatdoyouhopetoaccomplishintheroleofaPrivacyProtection & TechnologyAdvisoryCommissioner? (250wordsor less) Work with members onthecommissionandprovideadvice, supportandtechnical analysis in accessandprivacycomplaint investigations andappeals. Discusspotentialimpactsofcurrent andemerging technologiesondata accessandprivacy. Have theintegrityandopenmindedness todiscusstopicsandmakedecisions thatwouldbe inthebestinterest ofthecityand its citizens. 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial TD DeMarco_T_resume.doc Acknowledgments 25. TheCityunderstands meeting schedules andindividualavailabilitymaychange. Weaskthatyouconsiderthemeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regularmeetings bywrittenresolutionandmaychangeitsregularmeeting day, time, orlocation bywrittenresolution. 3 Page 29 of 140 Page 316 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda TheCommission’smeetingscheduleshallincludeatleastoneregularmeetingeveryothermonththroughDecember31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledasneeded. OrdinanceNo. 3553 Enteryourinitialsto TD acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto TD acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto TD acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto TD acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to TimothyR. DeMarco acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. To help prot ect your priva cy, … 4 Page 30 of 140 Page 317 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda TimothyR. DeMarco ChulaVista, CA M: EDUCATION BSApplied Science Technology; 2007 Thomas EdisonState University; Trenton, NJ ASElectronicsEngineeringTechnology; 1987 CommunityCollegeofAlleghenyCounty; Monroeville, PA 2014to2023 DeputySheriffDetentions/CourtServices, SanDiegoCounty, GeorgeF. BaileyDetention Facility, SanDiego, CA__________________________________________________________ Provideinmatesecurityatadetentionfacility, superviseinmateactivities, maintainorderincourt andassistincourtroomproceedings, superviseprisoners, enforcecriminalandcivillawswithin thedetentions facilities, andcourthousefacilities. Maintainssecurityandmonitorsmovementofadultsdetained ataSheriff’sdetentionfacility. Escorts, observes, andmonitorsdetainees andinmatesonallmovementinandaroundthe facility. Usesappropriate methodsofapproved, directintervention, asneeded, topursue, subdue, or restrainindividuals. Makesdecisionsregardingeffectiveandappropriate useofphysical force, basedonsoundprofessional judgment, commonsense, training, departmentalpolicy, andlegalguidelinesinordertoprotectthelivesandsafetyofself, otherstaff, inmates, or visitorstothedetentionfacility. 2012to2014 CustomerServiceAssociateII, Lowe’sStore # 1742Eastlake, ChulaVista, CA.___________ Responsible forproviding quick, friendlycustomerservicebyanswering customersquestions, providing purchaseassistanceandkeepingshelvesstocked. Assignedprimarilytoonezoneon thesalesfloor, butmayberequiredtoworkinotherareas. 2011to2013 ShipboardEngineeringPlantProgramManager, COMLCSRONONE__________________ Administers, managesandevaluatesshipboardengineeringprogramsandengineeringsystems includingmajorcomponentsexternaltothepropulsionplantfortheNavy’sLittoralCombatShip program. Evaluatesengineeringplantsystemsandoperatingconditions. 2007to2011 Departmental Leading ChiefandDivisionalLeadingChief, USSCAPEST. GEORGE Distinguished technicalmanagementcareerleadingtheplanning, staffing, budgeting, technology, andoperationsoftheengineeringdepartment statesideandabroad. Expertincross-functional teambuildingandleadership, multi-culturalcommunications, changemanagement, organization development, andquality/performanceimprovement. Traveled, lived, and/orworkedinmorethan 17countriesworldwide. ManagedandledtheEngineeringDepartmentcomprised of57personnelintheexecution andreadinessoftheship’sgasturbinepropulsionpowerplant, apositionfilledbyamuch seniorlevel. Page 31 of 140 Page 318 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Overseesthemaintenanceandupkeepofallengineering systemsandequipment, including procurement ofrepairpartsandbudgetplanning, developmentandstrengthening supplier relationsandnegotiation withcontractors. Evaluateandcounselpersonnel assignedtothedepartmentonpersonalandprofessional development. Administerandsuggestappropriate actionforpersonnelinfractions tothe disciplinary reviewboard. Managedandcoordinatedaqualityassuranceteamfora $6.7millionshiprepairavailability projectsettingthestandardsforcompliancetotheprojectmanagementoffice. 2004to2007 FacilitatorandMasterTraining Specialist, CenterforNavalLeadership Facilitatedin-groupprocessleadershipcoursesexhibitingteamteaching andgrouplearningskills toover1,700FleetandReservesailorssignificantlyenhancingtheknowledge andreadinessof fleetleadership. Providedinstruction intotalqualitylearningandleadership competencies, motivationskills, andadultlearningtechniques. Developed, implementedandevaluatedcurricula. Evaluatedinstructorsandconductedformal coursereviews. Coordinatedthescreeningof10handpickedprospectivefacilitatorsraisingthebarand standards fortheselectionprocess. Personallymentoredandqualifiedfiveleadfacilitators ensuringahighqualitylearning opportunitywasprovidedtostudents. 2000to2004 LeadingPettyOfficer, USSLASSEN Supervisedandlednineelectriciansinthemaintenanceandupkeepoftheship’selectrical distributionsystemandequipmentincludingassistanceinprocurementofparts. Revitalizedthe electricalsafetypolicyenhancing crewandequipmentsafety. Estimated time, materialsandlaborrequiredforrepairofelectricalsystemsandequipment, determinedtypeandvalueofacceptablesubstitutecomponents. Checkedandmaintainedequipmentoperatinglogs, preparedweeklymaintenanceschedules andreports. Assignedpersonnel scheduledmaintenanceandworkorders. Skillfullymanagedadivisionthroughnumerouscommandmilestonesdespitealackof manpower includingintensiveoperationalassessments andinspections. 1996to2000 Recruiter-in-ChargeandStationManager, NavyRecruitingDistrictPittsburgh Managedafive-personteamofrecruitersintheevaluation andprocessing ofover100individuals annuallyforinductionintotheUnitedStatesNavy. Marketedtheentirenortheastern Pennsylvaniaregioncomprisedofover20highschoolsinthreesurroundingcountiescovering 25,000squaremiles. Providedqualifiedcivilians forenlistment, identifiedtargetmarketpopulations, selectedand usedappropriate supportingresourcesandpublicrelations. Developedrapport withlocal schoolandcityofficialstopromoteNavyawarenessandopportunitiestothepublic. Conductedinterviews, completedenlistmentrecords, counseledrejectedapplicants, analyzed recruitingresultsandprojectedgoals. Formulatedplansforimprovingrecruiting, marketing andprocessing. Page 32 of 140 Page 319 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Ferguson, Veronica Page 33 of 140 Page 320 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Friday, September15, 20232:29PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChula Vista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORT BUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 09/15/20232:28PM Response #: 12 Submitter ID: 111940 IPaddress: Timetocomplete: 19min. , 53sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. This Commission willbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtection andTechnology Advisory Commission 1. Prefix Ms. 2. PreferredPronoun She/Her/Hers 3. Firstand LastName Veronica Ferguson 4. Email 1 Page 34 of 140 Page 321 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. NotApplicable 12. Howlong haveyoubeena residentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 20Years 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive map andverify yourDistrictofresidency 3 14. Present employer Bestand Company CPA's 15. Position TaxAccountant/OfficeManager 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. Notanswered 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Accounting andFinance - Experience and/or professional credentialsin contracting, 2 Page 35 of 140 Page 322 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda procurement, publicauditing, control, compliance, and/orgeneral oversight professional services. 19. Ifyouselectedoneormoreoftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselectedarea(s). (250wordsorless) IhavebeenworkingataCPAFirmforover7yearsandhavegainedexperienceinbothCorporate andIndividualtaxreturns. Iperform ongoing variousbookkeepingservices andhave formedandliquidatedvariousbusinessentities. Beforethat, Iwas workingattwodifferentcompanies whereIwasthesolebookkeeper. Ihavean A.A. inAccounting andaB.A. inApplied Mathematics andhaverecently passedmyCPAexam andwillreceive myCPAlicensebeforetheendof theyear. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthave servedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. I havereadand VF acknowledge theabove statements. (please initial) 23. Whatdoyou hopetoaccomplishinthe roleofaPrivacy Protection & Technology Advisory Commissioner? (250wordsor less) Ihopetobehelpfulinaddressing theresidentsofChulaVista's concernsregarding theirprivacy andadvisingtheCity Council ontheCity’stechnology usepolicies, surveillancetechnology impact, procurementstandards foragreements involvingsensitive orsurveillancetechnology, andtoproviderecommendationstotheCityCouncilontheacquisition of surveillancetechnology toimprove sensitive personalinformationmanagement, security, andprivacy. Iamalsohopingto helptheChulaVistaCityCouncilmaintainasafercitywhile atthesametime respecting theresident'sprivacyandmaking sureallresidents Iinteract withfeelcomfortable about addressing theirconcernstotheCityCouncil. 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial VF RESUME.pdf Acknowledgments 25. TheCityunderstands meeting schedules andindividualavailabilitymaychange. Weask thatyou consider themeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits 3 Page 36 of 140 Page 323 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda regularmeetingsbywrittenresolutionandmaychangeitsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’smeeting scheduleshallincludeatleastoneregularmeetingeveryothermonththroughDecember31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledasneeded. OrdinanceNo. 3553 Enteryourinitialsto VF acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto VF acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto VF acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto VF acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to Veronica Ferguson acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. To help prot ect your priva cy, … 4 Page 37 of 140 Page 324 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Veronica Ferguson Chula Vista, CA OBJECTIVE My objective is toget a position inthe ChulaVistaPrivacyProtection andTechnology Advisory Commission WORKEXPERIENCE BEST AND COMPANYCPA’S, San Diego, CA (July2016-Present) TaxAccountant/OfficeManager Preparedtax returnsfor over 100individuals and 50businesses peryearusingLacerte TaxSoftware Assembled, processed andfinalizedover1000taxreturns Preparedextensionand estimatedtaxpayments forclients Preparedquarterlyand annualpayroll reports for10differentclients per yearusingCFS Software Responded toIRS, FTBandotherStatesDepartments ofRevenue Notices Responsible formanagingtaxofficeandperformingvariousofficetaskssuchas monthly billing, paymentdeposits, scheduling, etc. Performedaccounts payableand accountsreceivableservicesforoffsiteclient Performed ongoing monthly bookkeepingand payrollservices for10different entities usingQuickBooksandNetsuiteandpreparedmonthly financialstatements Formed anddissolved variousentities MATH4U, ChulaVista, CA (August2013to August2018) Tutor Helped K-12students withEnglishandMathematicshomework usingtheCalifornia CommonCoreStandards asa reference. HelpedaSpanish-speaking adultstudent learnEnglishto aspeaking proficiency. Createdapersonalized summer course curriculum foreachofmystudentsthatallowed them toacademically catch upwiththeirclassmates. Communicated withparentsandfamiliarized themwiththestudent'scurriculumandtheir status in their class. OTEXT INC, Chula Vista, CA (June 2006 to October 2016) Bookkeeper Responsible for allthe accounts payable and accounts receivable of thecompany. Prepared semimonthly payrollfor all employees and all related duties. Inputted receipts on to Quickbooks and Peachtree software. Calculated monthly salestax. Preparedmonthlyfinancial statements. Responsible for the company's inventory trackingandordering. Cooperatedwith theCPA forthe filing ofyearlyandquarterly taxes. Page 38 of 140 Page 325 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda ALPHAOMEGALANDSCAPE INC, ChulaVista, CA (June2005to September2008) OfficeAssistant Responsible forthecompletionofmostofthedocumentsinvolving thestart-upofanew landscaping business. Responsible forkeeping track of thecompany'sinventory andconstantlyreclassifying betweenmaterials, work inprocess, andfinished goodsinventory. Responsible forallofthecompany'sbookkeeping andfinancial reporting. Created various invoices forcustomers. Performedgeneralofficedutiessuchasfiling andsortingmail. EDUCATION UNIVERSITY OFCALIFORNIA, SAN DIEGOEXTENSION, LaJolla, CA (2023) VariousAccounting Courses LIBERTYTAXSCHOOL ChulaVista, CA (2015) TaxPreparerTrainingCertificate SOUTHWESTERN COLLEGE, ChulaVista, CA (2009-2012) A.S. InAccounting UNIVERSITY OFCALIFORNIA, SAN DIEGO, LaJolla, CA (2006-2009) B.A. InAppliedMathematics SOUTHWESTERN COLLEGE, ChulaVista, CA (2003-2006) A.AinTransfer Studies LANGUAGES SPOKEN Italian- AdvancedLevel Spanish-Advanced Level French -BasicLevel SOFTWARE KNOWN MSOffice Quickbooks Peachtree Matlab C++ VisualBasic Netsuite Act FileCenter Lacerte CFS Project Management Page 39 of 140 Page 326 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Garate, Daniel Page 40 of 140 Page 327 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda From:webmaster@chulavistaca.gov To:CityClerk; Karina L. Lafarga; Marion Reynoso Subject:City of Chula Vista - Privacy Protection and Technology Advisory Commission Date:Friday, August 11, 2023 4:27:55 PM 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 A new entry to a form/survey has been submitted. Form Name:Privacy Protection and Technology Advisory Commission Application Date & Time:08/11/2023 4:27 PM Response #:5 Submitter ID:111074 IP address: Time to complete:12 min. , 12 sec. Survey Details Page 1 This is a new City Council-appointed Commission. Please click here to read Ordinance 3553. This Commission will be effective August 24, 2023. Nominations and appointment of commissioners are expected to begin in October 2023. This application cannot be saved. Please ensure you have all information, including résumé as required. Application for membership on the Privacy Protection and Technology Advisory Commission 1. Prefix (○) N/A 2. Preferred Pronoun (○) He/Him/His 3. First and Last Name Daniel Garate 4. Email Page 41 of 140 Page 328 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. Home Address 6. City Chula Vista 7. ZIP Code 8. Primary Phone 9. Secondary Phone Not answered 10. I certify that I am 18 years of age and the following statement applies to me: (○) I am a resident of the City of Chula Vista 11. If you own and/or operate a business and/or property with a physical address in the City of Chula Vista, list the physical address of the business or property; if this does not apply to you, please write not applicable. Not Applicable 12. How long have you been a resident and/or owned and operated a business and/or property in the City of Chula Vista? 15+ years 13. I am a resident and/or own and operate a business and/or property in the following City Council district. Please click here to view the interactive map and verify your District of residency (○) 2 14. Present employer Department of Labor 15. Position Cybersecurity Apprentice 16. Have you ever been employed by the City of Chula Vista? (○) No 17. If you have worked for the City of Chula Vista please provide the department and dates of employment. N/A Page 42 of 140 Page 329 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 18. Please indicate the area(s) in which you have expertise and experience, or select None: (select as many as applicable) [×] Information Technology & Data Security - Experience and/or expertise in cyber security and sensitive personal information management and protection. 19. If you selected one or more of the areas of expertise and experience above, please describe the expertise and experience that you would bring to the selected area(s). (250 words or less) I am passionate about Cybersecurity and the protection of sensitive data. I stay up to date by reading blogs and listening to podcasts about the current cybersecurity vulnerabilities and attacks. I am working on projects to better secure my IT infrastructure and have collaborated with numerous professionals in the community. I have earned my Bachelors from Western Governors University in Information Technology Management with a focus on Cybersecurity. I am apart of a Google Cybersecurity Scholarship sponsored by Cyber Raíces and also am currently an cybersecurity apprentice at the Able2Disabled Advocacy in El Cajon to prepare for a lucrative career in Cybersecurity. I currently reside in Chula Vista and have lived here for all my life. I’ve grown up in the community and going to visit the library to study. I’d be happy to volunteer and serve my community any way I can. 20. Are you currently serving on any board or commission for Chula Vista or any other governmental agency? (○) No 21. If so, which ones? Not answered 22. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission, I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. I have read and acknowledge the above statements. (please initial) DIG Page 43 of 140 Page 330 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 23. What do you hope to accomplish in the role of a Privacy Protection & Technology Advisory Commissioner? (250 words or less) I hope to accomplish confidentiality, integrity, and protection to sensitive data. I believe it is important to have safe practices in the handling of data as it can be dangerous in a rapidly evolving technologically advanced word we live in. I wish to listen to the community and respond accordingly. I would like to serve the board of advisory and help accomplish goals to mitigate risks and implement structures. 24. I understand that to be considered, I must submit a résumé along with this application. Please initial DIG Daniel Garate Resume 23 July.pdf Acknowledgments 25. The City understands meeting schedules and individual availability may change. We ask that you consider the meeting schedule when applying. In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter. Special meetings may be scheduled as needed. Ordinance No. 3553 Enter your initials to acknowledge the statement above. DIG 26. I am familiar with the responsibilities of the Privacy Protection and Technology Advisory Commission and I am willing to assume them. Enter your initials to acknowledge the statement above. DIG 27. I understand if I am selected to serve on this board or commission I will need to disclose certain economic interests on a public document (Form 700) in accordance with the City of Chula Vista's Conflict of Interest Code Enter your initials to acknowledge the statement above. DIG 28. I understand that this application and any documents submitted in connection with the application process are public records and may be publicly disclosed. Enter your initials to acknowledge the statement above. DIG 29. I attest the information I provided is accurate and true. Page 44 of 140 Page 331 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Enter your full name to acknowledge the attestation above. Daniel Ignacio Garate Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Page 45 of 140 Page 332 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Daniel I. Garate Information Technology Support | | LinkedIn IT professional currently pursing CompTIA A+ certification with hands on experience in troubleshooting, computer hardware and software, installation, and configuration of laptop and desktop systems. Knowledgeable of business management practices with exceptional customer-focused approach. Committed to self-education to stay current with changing technologies. Technical Skills Help Desk Support Network Security Hubs, Routers, Switches IT Service Management Network Hardware Email Applications Computer Hardware Storage Devices Technical Writing Mobile Device Management VPNS Troubleshooting/Printer Technical Support VMware MS Office Suite Wireless Networking Installation/Maintenance Project Management EDUCATION AND TRAINING CompTIA A+ In Progress Training and Certification (Anticipated Completion) 6/23 Security + In Progress Training and Certification (Anticipated Completion) 11/23 Western Governors University Salt Lake City, Utah Bachelor of Science Information Technology Management 11/22 Southwestern College Chula Vista, CA Associate of Arts Information Systems w/ Honors 12/21 Associate of Science Business Administration for Transfer w/ Honors Google IT Support Professional Certification Remote Online course authorized by Google and offered through Coursera 06/20 Professional Experience Careerworks Pre-Apprenticeship Program San Diego, CA IT Pre-Apprenticeship 4/23 - Present Training program to perform a variety of computer systems administration and technical support tasks including: ▪ Installation and configuration of applications and operating system software and upgrades ▪ Gaining competencies aligned to CompTIA A+. Network+, Security+, Linux+, and Windows 11 Configuring and Enterprise Desktop Support Technician training and certifications. Mastercard Remote Mentorship 06/22-05/23 ▪ Partnered with a Mastercard professional for one-on-one bi-weekly mentorship meetings with focus on early career strategies and driving academic and professional success. ▪ Developed interpersonal skills, built professional relationships, and strengthened career and professional development through direct coaching from Mastercard mentors. Ralphs Chula Vista, CA Courtesy clerk 08/16-11/19 ▪ Assisted over 100+ customers throughout their shopping experience by bagging their groceries, aiding them to their cars, and doing price checks to ensure 100% customer satisfaction. ▪ Delivered a positive company image daily and provided courteous, friendly, and efficient service to customers and team members in a fast-paced environment. Page 46 of 140 Page 333 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Godinez, Robert Page 47 of 140 Page 334 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Wednesday, October4, 20234:10PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORTBUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 10/04/20234:09PM Response #: 14 Submitter ID: 112308 IPaddress: Timetocomplete: 42min. , 37sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName Robert Godinez 4. Email 1 Page 48 of 140 Page 335 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. notapplicable 12. Howlong haveyoubeena residentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 36years 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive map andverify yourDistrictofresidency 4 14. Present employer United NursesAssociationsofCalifornia 15. Position PoliticalCommunity AffairsRepresentative 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. NA 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Information \[×\] Privacy \[×\] Equityand Technology & Protection - CivilRights - DataSecurity - Experience Experienceor Experience and/or legal and/or academicor backgroundin expertisein legal the advocacy cybersecurity background for 2 Page 49 of 140 Page 336 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda andsensitive relatedto marginalized personal individual groupsand information privacy communities management protection, whohave andprotection. open traditionally government experienced principlesand privacyand structures, civil rights and/or concerns based government on sex, gender, transparency. disability, socio-economic profile, nationalorigin, culture, or ethnic background. 19. Ifyou selectedoneormore oftheareasofexpertiseandexperience above, pleasedescribe the expertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) Inmy7-yearcareerasanInformation Systems Analyst II, Iwasresponsible forprovisioning, maintaining, and troubleshooting JackintheBox pointof saleback-office computersystems. Wewere responsible forprotectingcash and sales information, running backups, andrestores. WeassistedtheManager withinventory control, foodordering, cashand sales, andpersonneltimekeeping. Iwasrequired tomaintainanA+ andNetwork+ certification. Ourlegaldepartment would update usonany newlegalitiessurroundingourworksuchas Sarbanes-Oxley. I wasalsoresponsible fordocumentingour troubleshooting procedures andenteringintheminaknowledgebaseforfutureanalysts. Iworked fortheQualityAssurancedepartment for1year ateAssistGlobal Solutions. Inthiscapacity, Iwouldtestand documentourproprietary software forglitches. Iworked foraDSLService providerfor1year provisioningorders forDSL andT1lines forbusinessandresidential customers. Testinglineintegrityandportingoverphonenumbersfromothertelecom providers. Iwasa3Mcertified fiberoptictechnician for1yearinstalling fiberopticlinesincommercialbusinessforbothprivateand governmentcontracts. Performed workonCamp Pendleton, OceansidePoliceDepartment, OceansidePublicLibrary, Departmentof Defensebuildings (secured), andothers. Irecentlyended my6-yeartermontheHuman Relations Commission. June30, 2023, iswhenmytermended. Duringmy term, weworked tobecome a certifiedwelcomingcity. Wealsolistenedtoourcommunity'sconcernsontheautomated licenseplatereader, our droneprogram, andthedatasharingwithoutsidelawenforcement. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? FormerHuman RelationsCommissioner 22. PerChulaVistaMunicipal CodeSection2.25.030, Iunderstand: IfI amcurrently servingonaboard orcommission, I mustresignfrommycurrentboard orcommissionifIam appointed. I musthaveserved atleast 12monthson mycurrentboard orcommissioninorder tobeappointedtoanotherboard or commission. I havereadand RG acknowledge theabove statements. (please initial) 3 Page 50 of 140 Page 337 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 23. WhatdoyouhopetoaccomplishintheroleofaPrivacyProtection & TechnologyAdvisoryCommissioner? (250wordsor less) Itakemyroleas Commissioner seriously. Ispent6yearsontheHuman RelationsCommission. Ilookforwardtoasking informed questionsandworkingtogethertocomeupwithsolutionstoprotect ourcommunity's integrityandprivacy. I wouldtakeonthisresponsibility witha lensofunderstanding theimportance thatcurrent andfuturetechnology may have onourfirstrespondersandthegeneralpublic. 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial RG GodinezResume 2018.pdf Acknowledgments 25. TheCityunderstands meeting schedules andindividualavailabilitymaychange. Weask thatyou consider themeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regularmeetings bywrittenresolutionandmaychangeitsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledas needed. Ordinance No. 3553 Enteryourinitialsto RG acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto RG acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto RG acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto RG acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to Robert Godinez acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. 4 Page 51 of 140 Page 338 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 52 of 140 Page 339 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Gonzales, Adolfo Page 53 of 140 Page 340 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda From:webmaster@chulavistaca.gov To:CityClerk; Karina L. Lafarga; Marion Reynoso Subject:City of Chula Vista - Privacy Protection and Technology Advisory Commission Date:Thursday, August 31, 2023 11:15:42 AM 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 A new entry to a form/survey has been submitted. Form Name:Privacy Protection and Technology Advisory Commission Application Date & Time:08/31/2023 11:15 AM Response #:11 Submitter ID:111616 IP address: Time to complete:12 min. , 55 sec. Survey Details Page 1 This is a new City Council-appointed Commission. Please click here to read Ordinance 3553. This Commission will be effective August 24, 2023. Nominations and appointment of commissioners are expected to begin in October 2023. This application cannot be saved. Please ensure you have all information, including résumé as required. Application for membership on the Privacy Protection and Technology Advisory Commission 1. Prefix (○) Dr. 2. Preferred Pronoun (○) He/Him/His 3. First and Last Name Adolfo Gonzales 4. Email Page 54 of 140 Page 341 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. Home Address 6. City Chula Vista 7. ZIP Code 8. Primary Phone 9. Secondary Phone Not answered 10. I certify that I am 18 years of age and the following statement applies to me: (○) I am a resident of the City of Chula Vista 11. If you own and/or operate a business and/or property with a physical address in the City of Chula Vista, list the physical address of the business or property; if this does not apply to you, please write not applicable. Not applicable 12. How long have you been a resident and/or owned and operated a business and/or property in the City of Chula Vista? 44 years 13. I am a resident and/or own and operate a business and/or property in the following City Council district. Please click here to view the interactive map and verify your District of residency (○) 1 14. Present employer Retired 15. Position Chief Probation Officer 16. Have you ever been employed by the City of Chula Vista? (○) Yes 17. If you have worked for the City of Chula Vista please provide the department and dates of employment. Public Works in 1977-1979 Page 55 of 140 Page 342 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 18. Please indicate the area(s) in which you have expertise and experience, or select None: (select as many as applicable) [×] Information Technology & Data Security - Experience and/or expertise in cyber security and sensitive personal information management and protection. [×] Privacy Protection - Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency. [×] Accounting and Finance - Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. [×] Public Safety - Experience and/or expertise in federal, state, or local government public safety functions and operations. [×] Equity and Civil Rights - Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio- economic profile, national origin, culture, or ethnic background. 19. If you selected one or more of the areas of expertise and experience above, please describe the expertise and experience that you would bring to the selected area(s). (250 words or less) As a chief of probation, chief of police, and chief investigator for the San Diego County District Attorney’s Office, I have experience working and leading staff to implement and ensure we maintain safety and confidentiality of information. 20. Are you currently serving on any board or commission for Chula Vista or any other governmental agency? (○) No 21. If so, which ones? Not answered 22. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission, I must resign from my current board or commission if I am appointed. Page 56 of 140 Page 343 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. I have read and acknowledge the above statements. (please initial) AG 23. What do you hope to accomplish in the role of a Privacy Protection & Technology Advisory Commissioner? (250 words or less) My goal is to implement the City Council’s goals and objectives as they relate to the Privacy Protection and Technology Advisory Commission. Also secure the safety and security of information of everyone in our community is protected and follow state and federal regulatory laws related to privacy and security. 24. I understand that to be considered, I must submit a résumé along with this application. Please initial AG Adolfo Gonzales Resume 2023.docx Acknowledgments 25. The City understands meeting schedules and individual availability may change. We ask that you consider the meeting schedule when applying. In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter. Special meetings may be scheduled as needed. Ordinance No. 3553 Enter your initials to acknowledge the statement above. AG 26. I am familiar with the responsibilities of the Privacy Protection and Technology Advisory Commission and I am willing to assume them. Enter your initials to acknowledge the statement above. AG 27. I understand if I am selected to serve on this board or commission I will need to disclose certain economic interests on a public document (Form 700) in accordance with the City of Chula Vista's Conflict of Interest Code Enter your initials to acknowledge the statement above. AG 28. I understand that this application and any documents submitted in connection with the application process are public records and may be publicly disclosed. Page 57 of 140 Page 344 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Enter your initials to acknowledge the statement above. AG 29. I attest the information I provided is accurate and true. Enter your full name to acknowledge the attestation above. AG Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Page 58 of 140 Page 345 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda , Chula Vista, CA. , a S UMMARY • Bilingual Spanish-speaking law enforcement executive with 44 years of experience and service at the Los Angeles County Probation Department, San Diego County Probation Department, San Diego District Attorney’s Office, National City Police Department San Diego Police Department and Federal Bureau of Investigations. • Criminal justice and leadership professor with Doctor of Education and co-designer of the University of San Diego’s online national master’s program in law enforcement leadership and community policing. • Experience leading transformational criminal justice and equity reforms in law enforcement agencies with up to a Billion Dollar annual budget and 5,544 employees in sworn officer and civilian roles. • FBI Joint terrorism Task Force Security Clearance. E DUCATION Doctorate of Education In Leadership Science The University of San Diego (CA.) June 1996 Dissertation: Cross-Border Relations Between San Diego and Tijuana Police Master of Arts In Post Secondary Education San Diego State University (CA.) June 1988 Thesis: Post-Secondary Education Curriculum Development Bachelor of Arts In Public Administration National University (CA.) June 1986 CHIEF PROBATION OFFICER 2021- 2023 Los Angeles County Probation Department Los Angeles, CA. Manage a one-billion-dollar budget with 5,544 personnel (sworn and professional staff) in 23 field offices. Two juvenile halls and six camps serving about 88 cities and municipalities. Lead the transformation of Juvenile Justice reform, in support of Youth Justice Reimagined. Collaborative relationship with the Department of Youth Development and Justice, Care, and Opportunity Department from the County of Los Angeles. Support the County’s philosophy of Care First and Jail Last approach to service delivery. Direct the Juvenile Justice Services Bureau to fully support youth and their families with evidence-based practices that focus on rehabilitation, healing, and positive youth development. The vision of this division to create a fair and equitable system of support for youth and families involved in the juvenile justice system that values the youth’s individual needs and provides access to meaningful and relevant opportunities for success. Highlights include: • California Department of Justice Settlement Agreement – • Board of State and Community Corrections (BSCC) – regulatory audits and inspections. • Probation Oversight Commission – civilian appointees by County Supervisors. • Youth Commission – young community members appointed by the Board of Supervisors. • Receiving a Technical Assistant Grant from Georgetown University, Center for Juvenile Justice Reform, Eliminating youth isolation. The Department in a partnership with stakeholder will develop policies and procedures to eliminate the isolation of youth in our detention facilities. • Assisting Chief Deputies, Deputy Directors and managers with long-range planning, budget management, and the creation and implementation of the recommendations and enhancements as suggested by Georgetown University and the Council of Juvenile Justice Administrators, in support of the Los Angeles County Board of Supervisor’s goals and expectations. • Implementing 29 paragraphs in the Cal. DOJ Settlement Agreement in an effort to provide quality services to youth in our care and custody, and reduce the number of use of force incidents in the juvenile halls. • Establishing goals, objectives, policies, and procedures for two juvenile detention facilities and juvenile community support services with the focus of being more therapeutic, rehabilitative, and Adolfo Gonzales, Ed.D. Page 59 of 140 Page 346 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda youth development-oriented and moving away from the traditional custodial and correctional model by: • Reducing race and ethic disparities in our facilities. • Improving crisis management and reducing use of force in our facilities. • Training all institutional staff on: adolescent brain development; restorative practices; trauma-informed care; implicit bias; relationship building; family and youth engagement; and the importance of equity in the juvenile justice system. • Reducing the number of general conditions of probation for youth. • Developing and implementing a juvenile justice dispositional matrix. • Implementing policies and practices to reduce the number of non-compliances with probation terms. • Expanding the use of community-based alternative to detention programs • Using strength-based case planning. • Strengthening and enhancing staff support in our facilities. • Improving the programing and enhancing the living environment for youth in custody. Lead the transformation of the Adult Supervision Services to: • Establish a Community Transition Center-like approach for the Formal/Mandatory adult clients with Drug -Medical. Expanding from current AB109 – Realignment population Client-Center approach. • Reduce race and ethic disparities in supervision, revocations, and sentencing recommendations. • Reduce terms of probation. • Cease the collections of fines and fees. • Tailor conditions of probation to the needs of the individual. • Reduce arrests for technical violations in coordination with the DA and Public Defender, and Alternate Public Defender. • Provide evidence-based practices, community services and support. Audit and inspect units and divisions to ensure staff meet organizational standards and accountability, and provide administrative recommendations as appropriate. Created an Employee Wellness Unit to provide spiritual, mental, physical and financial well-being and education. Established a Community Engagement Unit – to support our community relations efforts and better serve our various communities. Provide linkages with community based organizations and community providers. Represent department and provide counsel in probation-related affiliations and associations: • Chair of the Juvenile Justice Coordinating Council for the County of Los Angeles. Ensuring recommendations are relevant and implemented across county-wide systems. • Chief Probation Officers California Association (CPOC) Juvenile and Legislative committees. • National Association of Probation Executives (NAPE)– representing the Southern region, Sam Houston University, Texas. • Executives Transforming Probation and Parole (EXit), Steering committee. Columbia University, Justice Lab, New York. • National Institute of Corrections (NIC) – representing CPOC at the National level. Washington, D.C. • American Probation and Parole Association (APPA)- member and conference presenter. CHIEF PROBATION OFFICER 2016 - 2021 San Diego County Probation Department San Diego, CA. Manage a $232 million budget and 991 personnel (sworn and professional staff) in ten field offices covering thirteen cities. Lead the transformation of Juvenile Justice system, bifurcating the Probation Department into Juvenile services and Adult services – to convert the former juvenile institutions and juvenile field services division into the Page 60 of 140 Page 347 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda “Youth Development and Community Support Services” and to convert the former adult investigations and field supervision division into the “Adult Reintegration and Community Supervision Services” division. Direct the department’s Youth Development and Community Support Services to fully support youth and their families with evidence-based practices that focus on rehabilitation, healing, and positive youth development. The vision of this division to create a fair and equitable system of support for youth and families involved in the juvenile justice system that values the youth’s individual needs and provides access to meaningful and relevant opportunities for success. Highlights include: • Receiving a Technical Assistant Grant from Georgetown University, Center for Juvenile Justice Reform, Youth in Custody Practice Model (YICPM) in 2018 allowing the department to implement 96 recommendations to support this new, more therapeutic, youth-focused, and rehabilitative model that aligns with best practices. • Assisting Division Chiefs and managers with long-range planning, budget management, and the creation and implementation of the recommendations and enhancements as suggested by Georgetown University and the Council of Juvenile Justice Administrators, in support of the San Diego County Board of Supervisor’s goals and expectations. • Currently completing the Capstone project for our work with Georgetown University’s Transforming Juvenile Probation Certificate program. • Implementing 55 enhancements from the Council of Juvenile Justice Administrators – use of force recommendations. • Offering youth in the probation department’s community the following services in line with our goal of keeping youth out of the detention facilities and closer to their home and school: • CHOICE – use of university graduates to engage multiple times a day per week with post-adjudicated youth. • Achievement Centers – located in the community, to serve youth after school with pro- social skills, tutoring, various activities, and provide snacks and a meal. • Resilience Program - Credible messenger, the use of formerly justice involved individuals to serve as mentors for post-adjudicated youth involved with street gangs. • Establishing goals, objectives, policies, and procedures for three juvenile detention facilities and juvenile community support services with the focus of being more therapeutic, rehabilitative, and youth development-oriented and moving away from the traditional custodial and correctional model by: • Reducing race and ethic disparities in our facilities. • Improving crisis management and reducing use of force in our facilities. • Training all institutional staff on: adolescent brain development; restorative practices; trauma-informed care; implicit bias; relationship building; family and youth engagement; and the importance of equity in the juvenile justice system. • Reducing the number of general conditions of probation for youth. • Developing and implementing a juvenile justice dispositional matrix. • Implementing policies and practices to reduce the number of non-compliances with probation terms. • Expanding the use of community-based alternative to detention programs • Using strength-based case planning. • Strengthening and enhancing staff support in our facilities. • Improving the programing and enhancing the living environment for youth in custody. Lead the transformation of the Adult Reintegration and Community Supervision Services division staff to: • Establish a Community Transition Center-like approach for the Formal/Mandatory adult clients with Drug -Medical. Expanding from current AB109 – Realignment population Client-Center approach. • Reduce race and ethic disparities in supervision, revocations, and sentencing recommendations. • Reduce terms of probation. • Cease the collections of fines and fees. • Tailor conditions of probation to the needs of the individual. • Reduce arrests for technical violations in coordination with the DA and Public Defender. • Provide evidence-based practices, community services and support. Audit and inspect units and divisions to ensure staff meet organizational standards and accountability, and provide Page 61 of 140 Page 348 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda administrative recommendations as appropriate. Build a new state-of-the-art training center to: provide de-escalation and realistic scenario-based training, reduce the use of force incidents and conduct core academy and in-service training. Created an Employee Wellness Unit to provide spiritual, mental, physical and financial well-being and education. Established a Community Engagement Unit – to support our community relations efforts, including a Chief’s Advisory Group. Members of this group participated in a collaborative process to create our mission, vision, value statements, and participated in our promotional panels to help hire new employees and promote supervisor level officers. In addition, they provided feedback and input on many probation-related topics including participating on-site visits of other probation departments to help design the new juvenile hall campus, which is more of a college-type campus and less of a detention/correction facility. Represent department and provide counsel in probation-related affiliations and associations: • Chair of the Juvenile Justice Coordinating Council for the County. Ensuring recommendations are relevant and implemented across county-wide systems. • Chief Probation Officers California Association (CPOC) Juvenile and Legislative committees. • National Association of Probation Executives (NAPE)– representing the Southern region, Sam Houston University, Texas. • Executives Transforming Probation and Parole (EXit), Steering committee. Columbia University, Justice Lab, New York. • National Institute of Corrections (NIC) – representing CPOC at the National level. Washington, D.C. • California Community Colleges Chancellor’s Office Board – representing CPOC at the State level. • American Probation and Parole Association (APPA)- member and conference presenter. CHIEF INVESTIGATOR 2013 – 2016 San Diego County District Attorney’s Office San Diego, CA. Member of the San Diego County District Attorney’s Executive Command staff managing a $175 million dollar budget and over 1,000 Deputy District Attorneys, District Attorney (DA) Investigators and Public Assistance Fraud Investigators, paralegals, and professional staff. Lead, direct, supervise and manage daily operations of 193 DA Investigators, Public Assistant Fraud Investigators, paralegals, and professional staff based across five offices in four cities. Establish goals, objectives, policies and procedures for the Bureau of Investigations’ nine units, each of which is managed by a commander and at least one supervising DA Investigator. The units include: Pretrial; Economic Crimes and Insurance Fraud; Family Protection; Gang Prosecution; Special Operations; Branches; Professional Standards; and Public Assistance Fraud. Ensure the Bureau of Investigations team provides the DA's office its law enforcement component by developing criminal cases to the point of “proof beyond a reasonable doubt” to ensure convictions in court. If there is insufficient evidence to professionally prosecute the case, then we work to exonerate the innocent. Serve as a member of High Intensity Drug Trafficking Areas’ (HIDTA) Executive Board and represent the District Attorney as her alternate designee – providing input into the Southwest Border HIDTA California Partnership (known as California Border Alliance Group - CBAG) to reduce drug trafficking, to reduce the impact of illicit drugs in Southern California and other areas of the country, and to coordinate joint initiatives that deter, disrupt, and dismantle the most significant Drug Trafficking Organizations and their supporting transportation and money laundering organizations. Page 62 of 140 Page 349 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Assist division commanders with long-range planning, budget management, and the processes of applying for (and implementing) the DA Office’s state and federal grants. Supervise county-wide public corruption and internal affairs investigations involving public officials and law enforcement to ensure investigations are thorough and completed according to law. Board member of the Police Administration Committee, and Juvenile Justice and Child Protection Committees for the International Association of Chiefs of Police (IACP) to assess the state of police management and organization; identify major police management and organizational problems and needs; survey new and advanced public and private-sector organizational and management practices; evaluate the degree to which these concepts can be introduced to improve the management and organization of police agencies; and report all pertinent findings and recommendations to the IACP Association for dissemination to police agencies. Conduct audits and inspections of units and divisions, to ensure staff meets organizational standards, and provide administrative recommendations as needed. CHIEF OF POLICE 2004 – 2013 National City Police Department (NCPD) National City, CA. Managed $21.4 million annual budget with 143 sworn officers and non-commissioned staff. Worked closely with NCPD command staff to direct all patrol, investigation, support services, and administrative operations, with an emphasis on Community Oriented-Policing efforts. Conducted quality assurance inspections/audits and developed or modified administrative policies, procedures, regulations, goals, and objectives. Served as Peer Reviewer for the U.S. Department of Justice law enforcement grants—reading, analyzing, evaluating, and discussing grant applications to ensure compliance with federal laws. Strongly advocated for transparent community policing practices embracing partnership, innovation, problem solving, and crime prevention, education, and intervention. Created and evaluated regional public safety policies and regulations as Member of the San Diego Chiefs and Sheriffs Association. Regularly made written and oral presentations to elected officials at various levels of government, community groups, and media – engaging in on-the-record interviews with English and Spanish language news outlets. Maintained excellent working relations with other City departments and labor/union leadership. Represented San Diego and Imperial Counties as a Board of Director of the California Police Chiefs Association. Planned and directed comprehensive law enforcement studies, such as future crime trends, staffing formulas, risk management issues, and investigative initiatives. Planned, coordinated, and analyzed crime trends and disorder issues -- in partnership with local, state, and federal law enforcement agencies -- in order to improve the quality of life for the community. Represented the California Police Chiefs Association as a Committee member for the State of California Chancellor of Community Colleges. Served as Member of the San Diego Joint Terrorism Task Force Executive Committee. Page 63 of 140 Page 350 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Oversaw and directed NCPD’s Terrorism liaison representative on the Joint Terrorism Task Force (JTTF). ASSISTANT CHIEF OF POLICE 2001 – 2004 San Diego Police Department (SDPD) San Diego, CA. Member of command staff managing a $272.1 million budget with 2,104 sworn officers and 645 civilian staff. Directed, supervised and managed the daily operations of three patrol divisions, several specialized investigative units, the Office of Neighborhood Policing, and the Office of Policy and Planning. Served as the Assistant Chief of Police for the Office of Community Oriented Policing and the Regional Community Policing Institute (RCPI). Assumed the duties of the Chief of Police in his absence and served as the Chief’s representative at multi- divisional operations meetings, community meetings and in English and Spanish-language media interviews. Conducted long-range planning, assisted division commanders with managing budgets, and oversaw the Department’s applications for – and implementation of – law enforcement and public safety grants. Supervised city-wide Internal Affairs investigations and ensured the investigations were thorough and completed according to law. Conducted audits and inspections of units and divisions to ensure staff met Department standards and provided recommendations for improvement as needed. EXECUTIVE FELLOW July-Dec, 1996 Federal Bureau of Investigations (FBI) and Executive Office for Weed and Seed (W&S) Washington, D.C. • Obtained Top Secret clearance and was cross-deputized as a Special Deputy-US Marshal. • Analyzed and evaluated various violent crimes and robbery task forces from across the country. • Made oral reports of my finding to the FBI Violent Crimes Task Force at FBI Headquarters. • Prepared executive reports for the FBI Violent Crime Task Force, at FBI’s Headquarters, based on evaluations of the joint task force operations amongst local, state, and federal law enforcement staff. • Briefed international law enforcement executives visiting FBI Headquarters on street gang migration and trends. • Made a number of presentations to various local, state, and federal law enforcement task forces on the subject of gang migration and Latino street gangs. • Ensured Weed and Seed grant applicants met established criteria and legal requirements for federal grant funding. • Conducted analysis of grant applications for the Executive Office for Weed and Seed (W&S) to ensure applications met the federal requirements of the grant and were in compliance with W&S standards. ADDITIONAL LAW ENFORCEMENT EXPERIENCE San Diego Police Department (SDPD) San Diego, CA. Police Captain 1993 – 2001 Southern Division Patrol Lieutenant 1991 – 1993 Police Sergeant 1986 – 1991 Vice Unit Detective 1985 – 1986 Police Officer 1979 – 1985 Reserve Police Officer 1978 – 1979 Page 64 of 140 Page 351 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda T EACHING E XPERIENCE ADJUNCT PROFESSOR 2016 – Present University of San Diego, Online Master’s Program San Diego, CA. Professor, advisor, and mentor supporting Master’s students in criminal justice leadership. ADJUNCT PROFESSOR 2007 – 2020 University of Phoenix, Online Doctoral Program San Diego, CA. Professor, advisor, and mentor supporting doctoral candidates with research and writing in various disciplines. ADJUNCT PROFESSOR 2006 – 2008 Brandman University, Master’s Program San Diego, CA. Teach, advise and grade students in Ethics in Leadership and Graduate Research project courses. ADJUNCT PROFESSOR 1980 – 1993 Southwestern, Mira Mar, and Grossmont Community Colleges San Diego, CA. Teach, advise, and grade students in Arrest and Control, Administration of Justice and other training courses for police recruits at official police academies, high schools, and community college students. PUBLICATIONS An Introduction to Policing: John. S. Dempsey & Linda S. Frost ISBN:13-978-1-285-86773-6 2014 Police Chief Magazine: A Multidisciplinary Approach is Key Policechiefmagazine.org Oct. 2011 Wrote Master’s level course on Community Engagement for the 2016 - Present University of San Diego, Online Master’s in Law Enforcement and Public Safety Leadership Program San Diego, CA. A DDITIONAL T RAINING Chief Probation Officers of California Virtual July 2020 American Probation and Parole Association Virtual Aug. 2020 International Chiefs of Police Conference Chicago, IL. Oct. 2019 S ELECT H ONORS & A WARDS Distinguished Alumni Award Community College League of California November 2013 Excellence in Public Service Award University of California at San Diego April 2009 Chief of Police of the Year Award Neighborhood Market Association Jan. 2009 Chief of Police Leadership Award National Latino Police Chief’s Association Oct. 2006 Public Safety Award San Diego La Raza Lawyers Association May 2006 Alumni Hall of Fame Inductee Sweetwater Union High School District Feb. 2006 Author B.Hughes Alumni Career Achievement Award University of San Diego May 2001 C OMMUNITY & P ROFESSIONAL A FFILIATIONS National Affiliations • U.S. Department of Justice, Office of Justice Programs • FBI National Academy Associates • International Association of Chiefs of Police • Police Executive Research Forum • National Association of Latino Elected and Appointed Officials • UnidosUS (formerly National Council of La Raza) • National Latino Police Officers Association Member, Peer Evaluator Member Member & Police Administration Committee Member Member Member Member Page 65 of 140 Page 352 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda State Level Public Safety Affiliations • Chief Probation Officers of California • California Police Chiefs Association • Older California Driver Task Force for Senior Mobility Member Member, Peer Evaluator Member Local Public Safety Affiliations • ARJIS Management Committee (County data and IT issues) • Mothers Against Drunk Driving (MADD) of San Diego County • San Diego County Chiefs and Sheriff Association • San Diego Joint Terrorism Task Force • San Diego Association of Governments Public Safety Committee Member, Peer Evaluator Executive Board Member Member & Former Secretary Executive Committee Member Alternate Member Educational Affiliations • National University • University of California at San Diego • Inter-American College • State of California Chancellor of Community Colleges Advisory Board Member Chancellor’s Advisory Board Board of Trustees Committee member representing CPOC Local Community Affiliations • La Cuna of San Diego Foster/Adoption Agency • Jackie Robinson Family YMCA of San Diego • Kiwanis of National City, CA. • National City Boys and Girls Club • Rotary International of National City, CA. • San Diego Foundation’s Paradise Valley Hospital Grant Committee • San Diego Hispanic Chamber of Commerce • South Bay Community Services • South Bay Family YMCA Vice Chair 2009 Board of Managers Board Member Board Member President 2009-2010 Vice-Chair 2009-2012 Member Chair 2009-2010 Board of Managers Thanks Page 66 of 140 Page 353 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Lake, Susan Page 67 of 140 Page 354 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Tuesday, August15, 202312:00PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutsidetheCityofChulaVista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISHALERTREPORTBUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 08/15/202311:59AM Response #: 7 Submitter ID: 111209 IPaddress: Timetocomplete: 23min. , 5 sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. This Commissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtection andTechnology AdvisoryCommission 1. Prefix Ms. 2. PreferredPronoun She/Her/Hers 3. Firstand LastName Susan Lake 4. Email 1 Page 68 of 140 Page 355 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. NA 12. Howlonghaveyou beenaresident and/orownedand operatedabusinessand/orpropertyintheCityofChulaVista? 14yearsand1month 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive map andverify your Districtofresidency 2 14. Present employer StateofCalifornia, Deptof SocialServices 15. Position AdministrativeLawJudge 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. Notanswered 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Privacy \[×\] Equityand Protection - CivilRights - Experience Experienceor and/or legal academicor backgroundin legal theadvocacy background for 2 Page 69 of 140 Page 356 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda relatedto marginalized individual groupsand privacy communities protection, whohave open traditionally government experienced principlesand privacyand structures, civilrights and/or concernsbased government onsex, gender, transparency. disability, socio-economic profile, nationalorigin, culture, or ethnic background. 19. Ifyouselectedoneormoreoftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselectedarea(s). (250wordsorless) Iserved ontheHumanRelationsCommissionfrom2017through2023andhaveaninterestinChulaVista'sbalance betweencitizens' privacyconcernsandtheuseoftechnologytosolvecrimesandprovidecommunitysafety. Mycommission ontheHumanRelationsCommissionexpiredandareplacementcommissioneristobesworninformycommissionspot imminently. Iamcurrentonmycityethicsrequirement andamanattorneyandhavelegaltraininginsomeprivacymattersrelatedto juveniles. 20. Areyoucurrentlyservingonanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthave servedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. I havereadand SL acknowledge theabove statements. (please initial) 23. Whatdoyou hopetoaccomplishinthe roleofaPrivacy Protection & Technology AdvisoryCommissioner? (250wordsor less) Iwanttorepresentmydistricttothebest ofmyability. Iwanttolisten tocitizensconcerned abouttheirprivacyand concerned that theircityrememberthehuman factorintechnology advancements. Iwanttolisten tocitizens whowantto feelsafeandsecurein theircity's advancesintechnology andthat theirdatawillbekeptsafe. Iwanttolisten tocity employees tounderstand howweasacitycanstriketheright balancebetween privacyandtechnology. Iwanttoprovideto ourcitycouncil information processed through thesefiltersto giverecommendations fortechnology inthefuture. 3 Page 70 of 140 Page 357 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 24. Iunderstand thattobeconsidered, Imustsubmitarésumé alongwiththisapplication. Pleaseinitial SL Resume8-15-23.doc Acknowledgments 25. TheCityunderstandsmeetingschedules andindividualavailabilitymaychange. Weaskthatyouconsiderthemeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regular meetingsbywritten resolutionandmaychange itsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeeting quarterlythereafter. Specialmeetingsmaybescheduled asneeded. Ordinance No. 3553 Enteryourinitialsto SL acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto SL acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto SL acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto SL acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to Susan Lake acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. To help prot ect your priva cy, … 4 Page 71 of 140 Page 358 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Susan Lake EDUCATION University ofSanDiegoSchool ofLaw, SanDiego, CA SpecialEducationLawandAdvocacySeriesCertificate, April 2017 NationalAssociation ofCounsel forChildren ChildWelfareLawSpecialist Certificate, May2016-May2022 SantaClara University School ofLaw, SantaClara, CA JurisDoctor, May2005 Certificate PublicInterest andSocialJusticeLaw CatawbaCollege, Salisbury, NC B.A., HistoryandEnglish, May1998 PROFESSIONAL EXPERIENCE State of California, CaliforniaDepartment ofSocialServices, State Hearings Division, In-HomeSupportServices AdministrativeLawJudge Dec2021- Present Presideoveranddecide disputesbetween publicbenefit recipients andcountiesregarding provision ofIn-HomeSupportiveServices. Children’sLegalServices ofSanDiego StaffAttorney, Firm1 Oct. 2016 – Dec2021 Representchildreninjuveniledependency cases, evaluated confidentialityandprivacy concerns. Dependency LegalGroupofSanDiego Associate, Minors CounselOffice July2010 – Oct. 2016 Represent children andnon-minor dependentsinjuvenile dependency cases. CasaCornelia LawCenter, SanDiego, CA Director, UnaccompaniedMinorsProgram Staff Attorney Jan. 2006 - July 2010 Evaluate, prepare and litigate asylum applications for detained andnon-detained, affirmative anddefensive asylum seekers; evaluate, prepare and litigateVAWA cancellation of removal, LPR waiver and adjustment of status applications. AFFILIATIONS National Association ofCounsel for Children, 2016-2022. Secretary, BoardMember, Southern CaliforniaImmigration Project, 2015-present. Commissioner, City of ChulaVista Human Relations Commission, 2017-2023 Secretary, Chula VistaLearningCommunityCharter Budget Academic Council, 2019 - present Page 72 of 140 Page 359 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Napolez, Lucia Page 73 of 140 Page 360 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda From:webmaster@chulavistaca.gov To:CityClerk; Karina L. Lafarga; Marion Reynoso Subject:City of Chula Vista - Privacy Protection and Technology Advisory Commission Date:Friday, August 11, 2023 1:43:11 PM 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 A new entry to a form/survey has been submitted. Form Name:Privacy Protection and Technology Advisory Commission Application Date & Time:08/11/2023 1:42 PM Response #:4 Submitter ID:111068 IP address: Time to complete:32 min. , 50 sec. Survey Details Page 1 This is a new City Council-appointed Commission. Please click here to read Ordinance 3553. This Commission will be effective August 24, 2023. Nominations and appointment of commissioners are expected to begin in October 2023. This application cannot be saved. Please ensure you have all information, including résumé as required. Application for membership on the Privacy Protection and Technology Advisory Commission 1. Prefix (○) Ms. 2. Preferred Pronoun (○) I'll fill it in myself they, she 3. First and Last Name Lucia Napolez 4. Email Page 74 of 140 Page 361 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. Home Address 6. City Chula Vista 7. ZIP Code 8.Primary Phone 9. Secondary Phone Not answered 10. I certify that I am 18 years of age and the following statement applies to me: (○) I am a resident of the City of Chula Vista 11. If you own and/or operate a business and/or property with a physical address in the City of Chula Vista, list the physical address of the business or property; if this does not apply to you, please write not applicable. 12. How long have you been a resident and/or owned and operated a business and/or property in the City of Chula Vista? 5 years 13. I am a resident and/or own and operate a business and/or property in the following City Council district. Please click here to view the interactive map and verify your District of residency (○) 2 14. Present employer Media with Lucia 15. Position Self employed 16. Have you ever been employed by the City of Chula Vista? (○) No 17. If you have worked for the City of Chula Vista please provide the department and dates of employment. Page 75 of 140 Page 362 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda No 18. Please indicate the area(s) in which you have expertise and experience, or select None: (select as many as applicable) [×] None of the above 19. If you selected one or more of the areas of expertise and experience above, please describe the expertise and experience that you would bring to the selected area(s). (250 words or less) I did not select any of the above. I was a previous member of the Privacy & Tech Task Force. As a concerned community member and business owner, I want to be a part of these conversations happening. My professional background in behavior marketing is a skill set I lean into when discussing conversations around technology and its application to communities. I am comfortable engaging in conversations around human behavior and technology, the understanding of how technology affects humans is valuable to the discussions. To simplify and break down concepts in this area helps create discourse between members and I hope to assist in these conversations. 20. Are you currently serving on any board or commission for Chula Vista or any other governmental agency? (○) No 21. If so, which ones? Not answered 22. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission, I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. I have read and acknowledge the above statements. (please initial) LCN 23. What do you hope to accomplish in the role of a Privacy Protection & Technology Advisory Commissioner? (250 words or less) I would like to encourage the City of Chula Vista to consider utilizing its' social channels like Facebook and Instagram to create community discussions on these topics. I've acknowledged that the City posts one or two social media graphics to bring awareness and social engagement to these conversations. However, the current efforts now meet the bare minimum in the long run, the City is only posting when prompted to because of an upcoming meeting and it shows. These discussions should be year around and part of the social media outreach efforts to educate and inform the public. Social media is a tool to be used to engage audiences, instead the current strategy I have seen on CV's pages is to post on the channels like it's a billboard for upcoming events. Yes, I agree that that is one use of social media, and it can be utilized for more outreach and engagement efforts through intentional planning. The lack of intentional strategies to generate online engagement around privacy and technology concerns within the community is evident. Page 76 of 140 Page 363 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Active engagement through social media posts and ongoing conversations is needed on the City's part to foster relationships and trust on these topics. Citizens should have access to basic information on these topics through creative ideas like reels, carousels, and uploading videos on "Why should we care about tech and privacy?", simple ideas like this would generate more engagement from the community. I would like to encourage the City to revisit its current use of marketing strategies to build trust and confidence in the community. 24. I understand that to be considered, I must submit a résumé along with this application. Please initial LCN Full Resume - Lucia Napolez (2023).docx.pdf Acknowledgments 25. The City understands meeting schedules and individual availability may change. We ask that you consider the meeting schedule when applying. In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter. Special meetings may be scheduled as needed. Ordinance No. 3553 Enter your initials to acknowledge the statement above. LCN 26. I am familiar with the responsibilities of the Privacy Protection and Technology Advisory Commission and I am willing to assume them. Enter your initials to acknowledge the statement above. LCN 27. I understand if I am selected to serve on this board or commission I will need to disclose certain economic interests on a public document (Form 700) in accordance with the City of Chula Vista's Conflict of Interest Code Enter your initials to acknowledge the statement above. LCN 28. I understand that this application and any documents submitted in connection with the application process are public records and may be publicly disclosed. Enter your initials to acknowledge the statement above. LCN 29. I attest the information I provided is accurate and true. Enter your full name to acknowledge the Lucia Carolina Napolez Page 77 of 140 Page 364 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda attestation above. Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Page 78 of 140 Page 365 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Lucia Napolez Chula Vista, CA │ Linkedin.com/in/lucianapolez SUMMARY OF QUALIFICATIONS Creative and strategic communications major with more than eight years of professional experience in the fields of entrepreneurship, online marketing, and social media communications. SKILLS/QUALIFICATIONS ●Clear and intentional communication ●Analytical thinking and problem-solving ●Self-awareness and self management ●Strategic and creative thinking ●Conflict resolution and mediation ●Spanish language proficiency ●Leadership and service orientated ●Community Coalition building EDUCATION Film, Television, and Media Arts Certification Received: 05/2022 Southwestern College, Chula Vista, CA Bachelor of Arts in International Security & Conflict Resolution Received: 05/2014 San Diego State University, CA, USA Bachelor of Arts in Spanish Received: 05/2014 Minor in LGBT Studies San Diego State University, CA, USA Certificate in Mediation & Conflict Resolution Received: 01/2014 Universitat Autònoma de Barcelona, Spain Page 79 of 140 Page 366 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Lucia Napolez Chula Vista, CA │ Linkedin.com/in/lucianapolez RELEVANT EXPERIENCE Boards & Commissions Leadership Institute 01/2019 - 06/2019 Center for Policy Initiatives, San Diego, CA ●Participated as a member of the 2019 cohort and shared my experiences in strategic communications, media, and the LGBTQ+ community ●Engaged with local members of appointed boards and commissions to get a better understanding of how a constituent can be nominated for these positions ●Participated in ethical training activities in order to cultivate a reputation of integrity and high business ethics ●Learned about local and regional issues of economic equity, labor, affordable housing, transportation justice, land use and planning, environmental justice, and immigrant rights San Diego Leadership Alliance Institute 01/2016 - 06/2016 San Diego Leadership Alliance - San Diego, CA ●Received training on fundraising principles for politics and nonprofits, policy analysis, political management, messaging and strategic communications ●Participated in mentorship opportunities and networking events with local political figures and organizations ●Built rapport with SDLA members and to this day, maintain positive connections ●Presented in one of the 2019 cohort’s sessions on strategic communication and entrepreneurship based on my experiences Young Professionals Council Academy 01/2014 - 06/2014 San Diego LGBT Center - San Diego, CA ●Participated in networking with local LGBTQ+ elected officials and their allies ●Engaged in strategic relationship building and community coalition building ●Appointed board member for the 2018 cohort selections committee and assisted in setting up activities and networking events for members Page 80 of 140 Page 367 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Lucia Napolez Chula Vista, CA │ Linkedin.com/in/lucianapolez PROFESSIONAL EXPERIENCE (Continued) Freelance Content Creator 06/2020 - Present Media with Lucia - Chula Vista, CA ●Produce original online content for clients in the form of graphic art, audio podcast, copywriting, and videos ●Proficient in Adobe Suite Programs, e.g., Audition, Illustrator, InDesign, Photoshop, and Premiere Pro ●Build rapport with key stakeholders in local organizations and partners in order to ensure all areas of a media project can be a successfully carried out to completion ●Produce account service-related documents such as meeting agendas, social media reports, proposals, and other client communications Group Leader 11/2019 - 12/2021 Boys & Girls Club of South County - Imperial Beach, CA ●Supervise groups of elementary students in a variety of settings (e.g. classroom, playground, library, Zoom call, etc.) for the purpose of engaging students in active learning, while providing a safe, respectful, and positive multicultural learning environment ●Utilize communication and conflict resolution skills to resolve any situations that may arise between students and staff ●Build on interpersonal relationships with students and engage in social emotional learning principles Co-founder 05/2015 - 08/2018 DCN Media Inc. - San Diego, CA ●Co-created an online website that served as a portal for community building, entrepreneurship, and invited angel investors to gather intel on the emerging businesses in the cannabis industry ●Developed and implemented online strategies targeting specific audience segments through editorial, video, and social media content to increase brand awareness and engagement with local, state, and national organizations and individuals ●Participated in business accelerator program called Canopy San Diego that provided extensive training on the specifications of creating business plans, sales decks, business operations, and investment acquisitions Page 81 of 140 Page 368 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Lucia Napolez Chula Vista, CA │ Linkedin.com/in/lucianapolez Jr. Account Manager 03/2015 - 03/2016 Rescue - The Behavior Change Agency - San Diego, CA ●Managed multiple Federal, State, and Local client projects ensuring timelines and deadlines were met between all departments and personnel ●Created assets for behavioral marketing campaigns such as: graphic design, copywriting, photography, and videography ●Build rapport with federal contractors, business establishments, and agencies working on behavioral marketing campaigns ●Prepared account service-related documents such as meeting agendas, meeting reports, proposals, and other client communications and correspondence Page 82 of 140 Page 369 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Pineda,Thomas Page 83 of 140 Page 370 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda From:webmaster@chulavistaca.gov To:CityClerk; Karina L. Lafarga; Marion Reynoso Subject:City of Chula Vista - Privacy Protection and Technology Advisory Commission Date:Sunday, August 13, 2023 4:18:07 PM 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 A new entry to a form/survey has been submitted. Form Name:Privacy Protection and Technology Advisory Commission Application Date & Time:08/13/2023 4:17 PM Response #:6 Submitter ID:111159 IP address: Time to complete:22 min. , 41 sec. Survey Details Page 1 This is a new City Council-appointed Commission. Please click here to read Ordinance 3553. This Commission will be effective August 24, 2023. Nominations and appointment of commissioners are expected to begin in October 2023. This application cannot be saved. Please ensure you have all information, including résumé as required. Application for membership on the Privacy Protection and Technology Advisory Commission 1. Prefix (○) Mr. 2. Preferred Pronoun Not answered 3. First and Last Name Thomas Pineda 4. Email Page 84 of 140 Page 371 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. Home Address 6. City Chula Vista 7. ZIP Code 8. Primary Phone 9.Secondary Phone Not answered 10. I certify that I am 18 years of age and the following statement applies to me: (○) I am a resident of the City of Chula Vista 11. If you own and/or operate a business and/or property with a physical address in the City of Chula Vista, list the physical address of the business or property; if this does not apply to you, please write not applicable. not applicable 12. How long have you been a resident and/or owned and operated a business and/or property in the City of Chula Vista? 20 13. I am a resident and/or own and operate a business and/or property in the following City Council district. Please click here to view the interactive map and verify your District of residency (○) 2 14. Present employer Retired Tech 15. Position Technology Consultant 16. Have you ever been employed by the City of Chula Vista? (○) No 17. If you have worked for the City of Chula Vista please provide the department and dates of employment. Not answered Page 85 of 140 Page 372 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 18. Please indicate the area(s) in which you have expertise and experience, or select None: (select as many as applicable) [×] Information Technology & Data Security - Experience and/or expertise in cyber security and sensitive personal information management and protection. [×] Privacy Protection - Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency. 19. If you selected one or more of the areas of expertise and experience above, please describe the expertise and experience that you would bring to the selected area(s). (250 words or less) I started my tech career in Silicon Vally in 1982 working with startup ventures, designing local and global internet networks, and applying my knowledge to the growth and integrity of Personally Identifiable Information, PII. During my career I worked with Cisco, American Express, IBM, Synchrony Financial, and NBCUniversal. Each company used the PII standards of the Department of Labor, GSA, and Homeland Security. My career has spanned many phases of technology and privacy protection that gives me a unique point of view. 20. Are you currently serving on any board or commission for Chula Vista or any other governmental agency? (○) No 21. If so, which ones? Not answered 22. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission, I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. I have read and acknowledge the above statements. (please initial) Thomas Pineda Page 86 of 140 Page 373 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 23. What do you hope to accomplish in the role of a Privacy Protection & Technology Advisory Commissioner? (250 words or less) Per my guidelines in 2.65.020 I will review, evaluate and advise on all technology policies, Surveillance Technology reports, and advise on the acquisition of Surveillance Technology and on the procurement standards for agreements involving Sensitive or Surveillance Technology. 24. I understand that to be considered, I must submit a résumé along with this application. Please initial TP Thomas Pineda - 072523 - Short.docx Acknowledgments 25. The City understands meeting schedules and individual availability may change. We ask that you consider the meeting schedule when applying. In accordance with CVMC 2.25.200, the Commission shall set the date, time, and location of its regular meetings by written resolution and may change its regular meeting day, time, or location by written resolution. The Commission’s meeting schedule shall include at least one regular meeting every other month through December 31, 2024, and then one regular meeting quarterly thereafter. Special meetings may be scheduled as needed. Ordinance No. 3553 Enter your initials to acknowledge the statement above. TP 26. I am familiar with the responsibilities of the Privacy Protection and Technology Advisory Commission and I am willing to assume them. Enter your initials to acknowledge the statement above. TP 27. I understand if I am selected to serve on this board or commission I will need to disclose certain economic interests on a public document (Form 700) in accordance with the City of Chula Vista's Conflict of Interest Code Enter your initials to acknowledge the statement above. TP 28. I understand that this application and any documents submitted in connection with the application process are public records and may be publicly disclosed. Enter your initials to acknowledge the statement above. TP 29. I attest the information I provided is accurate and true. Enter your full name to TP Page 87 of 140 Page 374 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda acknowledge the attestation above. Thank you, City of Chula Vista This is an automated message generated by Granicus. Please do not reply directly to this email. Page 88 of 140 Page 375 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda OBJECTIVE Thomas’s forte has been to build and work with world-class IT organizations through strong leadership, passion, camaraderie, skills, and commitment. Forward-thinking Manager with 20+ years of project/program management experience in technology environments. Collaborative with a dedication to partnering with coworkers to promote an engaged, empowering work culture. Documented strengths in building and maintaining relationships with a diverse range of stakeholders in dynamic, fast-paced settings. EXPERIENCE Project Manager - Infrastructure, Apr 2022 to Apr 2023 Ekman Associates / NBCUniversal – Remote Assigned to Mike Harrell, Sr. VP, Global Network & Distribution, Distribution Engineering. • Project Management oversight of two GND Infrastructure Projects each with budgets exceeding $1- $3 Million for hardware and labor. Capex Budget totals were $5Mil +. • Vendor Partner Presidio - Tracked financials for project baseline, actual and projected. • Global Gateway 2022’s scope was to design and build out new global gateways and DMZs at strategic NBCU locations collaborating with Cyber for security and Active Directory. • Coordinated internal resources and third-party vendors for the infrastructure design and rollout including order & tracking new routers, switches, 10Gb circuits, VPCs, VLANs, and hardened cyber security with coordination/communication with individual stakeholders in each business unit and city. • Vendor Partner was Presidio and Target sites were Englewood Cliffs, Denver/Dry Creek, and Secaucus for the initial DMZ builds. • Firewall EOL 2022’s scope was to refresh corporate-owned Cisco and Palo Alto equipment that were LDoS and posing support issues which included Active Directory. • Managed the ordering and tracking of Cisco and Palo Alto equipment during severe supply chain issues compounded by port strikes and Covid. • Moved all project data from Clarizen to Jira and re-baselined timelines, schedules, and budgets. • Closely worked with Global Network Perimeter engineers during Change Controls, customer notifications, site surveys, cabling requests, and overnight on-site cutovers. • Project Management tools included Jira, Tempo, Clarizen, SNAP, ServiceNow, and SharePoint. • Lead large and complex technology projects simultaneously successfully delivering each on time, on budget, within scope, and highest quality. • Create and manage detailed project plans in Microsoft Project, Jira, and SharePoint from scratch that identify all workstreams, milestones, details, and resources required to complete each project and deliver an exceptional client experience. Program Manager - Infrastructure, Sep 2021 to Apr 2022 Tata Consultancy Services (TCS) / The Hartford Group – Remote • Assigned to The Hartford, a financial services company, as Program Manager, my oversight was of a LOB migration to IaC (Infrastructure-as-Code) with 275 applications and 902 instances. Oversight includes U.S.-based Infrastructure, tech, and software development teams plus offshore software development teams, daily interaction with executive-level management, and cross- Page 89 of 140 Page 376 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda departmental units. Managed the migration from technical requirement gathering, builds, sign- offs, and issue resolution, and moves into Production through The Hartford CAB. • Collaborated with other Project Managers on daily builds, testing, and roll-outs. • Oversaw the daily risks, issues/problems, and progress to meet monthly goals. • Pulled together individuals from unrelated areas to find a resolution for new technology solutions for the IaC platform. • Met daily with executive stakeholders in a professional online setting. • Managed off-shore and on-shore teams of developers. Senior Program Management - Infrastructure, Jun 2019 to Jan 2020 NTT Data Services / Thermo Fisher Scientific– Carlsbad, CA o Assigned to Thermo Fisher Scientific in the Life Sciences Group, Life Sciences Group to oversee Merger and Acquisition (M&A) Projects. o Migrations included AWS cloud migrations for Wi-Fi authentication, Workday, SalesForce, Oracle NetSuite, Active Directory, and Disaster Recovery. o Engaged with management, partners, and business groups to resolve business issues and improve Infrastructure wireless business delivery process. o Performed research and analyzed data collection to develop cost and resource estimates. o Set an aggressive target to completion to drive company success with migration to cloud wireless transition on a global basis. o Managed global project with technical guidance to develop a hybrid cloud platform strategy driving the research, proof of concept, and interacting with Division and Group leaders. o Accomplished the development of a road map moving Wi-Fi authentication to AWS with 3rd party oversight of HP with plans to consolidate 80 global offices into the new platform. o Developed and tested the renaming of on-prem SSIDs from legacy company names to current ThermoFisher branding with a plan to roll out the new branding on a global basis. o Scrum Master for the upgrade of Salesforce in the AMER region. o Worked with global application developers and vendors to build and review requirements, approaches, timelines, and costs utilizing JIRA with an Agile/Scrum approach. o General responsibilities included: Aligns goals, plans, dependencies, and resources across the contributing or affected functional or regional teams to ensure the attainment of milestones Drove cohesive end-to-end planning, design, and execution of changes to accelerate adoption while minimizing adverse impacts on business operations Enforced project lifecycle process and gate reviews Maintained scorecards and metrics to report performance against plans and goals and to highlight risks, issues, and action plans. Escalate to leadership any blockers/issues the team may be facing so that leadership is aware and can give feedback. Set up and lead meetings, take notes on screen during meetings, and send out the minutes summarizing main discussion points and action items. Find an efficient way to track progress, improve team performance, and improve. Page 90 of 140 Page 377 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Senior Program Manager, Apr 2018 to Dec 2018 Cypress HCM - Irvine, CA o Recruited as Senior Program Manager for a move from AWS to Azure to build a larger, faster hosted/hybrid cloud environment for their AI data analytics program mining data. o EPMO required a signed NDA covering the program. o Lead the roadmap development of migration including Cloud Infrastructure and Applications process including Active Directory, discovery and application dependency mapping, move-group planning, and migration execution. o Cybersecurity initiatives were implemented following NIST, PCI DSS, and ISO/IEC 27032 guidelines. o Lead ISV program management for client partners and held daily Agile/Scrum meetings. o Advised on cyber security & access management o The new environment model was SaaS, IaaS, and PaaS enabled and resolved issues and problems with attention to updated APIs and microservices. o Provided technical and project leadership playing a key role in the development of large-scale, distributed applications with strong dynamic scaling and configuration, security, and policy management. o Utilized Confluence and Jira as a project tracking tool. ServiceNow for Change Management, Release Management, and Automation. Senior Program Manager, Apr 2016 to Apr 2018 Phoenix Startup - Remote o Reported directly to the CTO in the development of an Internet presence with a website, social media, and apps for an emerging startup company. o Designed Cloud environment and managed AWS design to meet business needs and drives. o Managed design and layout of the website using WordPress and associated add-ins based on wireframes and content requirements. Organize and run client kickoff meetings, outline roles and responsibilities, discuss high-level project plans/milestones, and identify red flags and dependencies. o Utilized Agile sprint planning, daily sprint standups, and sprint retrospective meetings. o Review creative wireframes (UI/UX) and provide digital assets to the development team. o Established roadmap for social media marketing across major platforms and ready for Google Analytics with campaigns, traffic, acquisition, landing pages, etc. o Tracked project details in Smartsheet, Confluence and Jira. o Managed AWS design including all zones required by the business for development, testing, release, edge content, and business continuity. Senior Program Manager, Feb 2015 to Apr 2016 Axelon / Synchrony Financial - Remote o Reporting directly to the CTO Service Delivery transitioning Synchrony Financial (SYF) to a global standalone financial business after a GE Capital Mergers and Acquisitions (M&A) with VAR management of EMC, HP, ATT, Verizon, and Citrix with implementation partner IBM. o Oversaw large enterprise program with rollout to multiple call center (CCaaS) clients of Synchrony Financial, cradle to grave. Page 91 of 140 Page 378 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda o Implemented Cybersecurity initiatives following NIST, PCI DSS, and ISO/IEC 27032 guidelines and hardened Identity & Access Management (IAM). o In conjunction with the CTO, PMO, and staff performed a business needs analysis for performance and security monitoring and delivered a security model and solution. o Partnered with SYF client companies (Target, Lowes, Walmart, QVC, CareCredit) and their individual PMOs and technical leads to migrate/build new desktop interfaces (Citrix), new VOIP solutions (call centers) and ensure migration of existing SaaS data into new SYF cloud (public, private, hybrid, IaaS, PaaS, SaaS) was Data Governance and Data Quality accurate. o The migration process included discovery and application dependency mapping, move-group planning, and migration execution. o Oversaw new backup processes with Disaster Recovery and required infrastructure builds were completed on time. o Oversaw application and server migrations with updated Active Directory, OS (Microsoft, Linux) into new Cloud zones in two new data centers and remote offices. o Drove the build of new Citrix Virtual Desktops (XenDesktop) for rollout to all SYF partner companies was performed on time with no issues or downtime. o Managed a budget for the complex program and project delivery with the management of over 30+ SYF resources (DevOps, PMO, QA) and SYF partner company's project managers. o Led design and implementation of a common centralized performance-monitoring platform providing a single pane of glass for all critical monitoring and security events. HP BTO (Business Technology Optimization), OMI, OpenView, Wily, Splunk, Siteseer, ServiceNow, SiteScope. ServiceNow modules included CMDB, Asset, Service Catalog, Change, Problem, and Incident. Monitoring tools for performance and availability of the network, application, security, voice, server and storage, mainframe, DB, and BI. Datacenter and Business Centers for all Synchrony locations. Performed all the responsibilities of a Program Manager syncing with the CTO and team daily keeping track of everything and escalating/remediating when needed. IT Project Manager, Oct 2013 to May 2014 Arizona Public Service (APS) - Phoenix, AZ o Took over established PMO infrastructure projects and grew the projects to deliverable targets taking the initiative to also redesign the project’s action items to bring in on-time under budget. o Restacked former Homeland Security office with new building construction including HVAC, Electrical, Plumbing, and IT Infrastructure. o Lead 3rd party team with General Contractor to Implement multiple-office infrastructure re-designs and NERC-CIP security. o Tracked projects using EVM, Agile, and Waterfall methodologies. o Delivered data center consolidations and relocations with new construction following NERC-CIP guidelines with upgraded Identity & Access Management (IAM). Project Lead, Sep 2011 to Apr 2012 Sempra Energy (SDG&E) – San Diego, CA Page 92 of 140 Page 379 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Project Lead on My Energy Portal responsible for cross-departmental teams (Call Center, Sales, Billing) and aligning multiple projects to release at the same time. Responsible for managing a team that develops, implements, and/or maintains software components or application systems which enable the automation of business processes. Activities include feasibility studies, solution selection, design and implementation of business-driven technology and/or applications, and financial/budget management. Ensures the delivery of on-schedule and on-budget solutions. Manages day-to-day operational aspects of a project and scope. Reviews deliverables prepared by the team before passing them to the client. Program Manager, Dec 2010 to Aug 2011 IBM Global Services / American Express– Phoenix, AZ o Recruited to lead Merger & Acquisition (M&A) teams for American Express. o Lead 7 different teams with assigned PM and 10 resources each in a data center migration with updated applications integration. o Utilized established PMO procedures and implemented new processes to overcome problems in the delivery of Milestones, Active Directory, among multiple concurrent projects with dependencies upon each other. o This was one of the largest and most complex in the world maintaining Service Level Agreements (SLA) with multiple business partners and third-party service providers. o Total budget exceeded $10 Million with involvement from 100+ resources. o Managed Infrastructure, DevOps, and eCommerce Migrations with oversight of multiple discipline teams on a global level to assess, revamp and migrate a live complex global PCI DSS infrastructure transaction system into an Enterprise-Level Cloud environment (SaaS, IaaS, PaaS, Mobile, VMWare, Wi-Fi) with Identity Access Management supporting high transaction systems and multiple online presences. Senior Project Manager, Oct 2005 to Jul 2009 American Express – Phoenix, AZ o Multi-year contract with oversight of internal projects across multiple departments. o Management of 100+ complex projects over 3 years, total budget exceeded $20 Million and involved 100+ resources during that time. o Led multiple Infrastructure, infrastructure design, application development, and Oracle Database projects in an enterprise-level PCI DSS infrastructure. o Managed cross-platform development using VMware, XML, XSLT, and Schema utilizing Perl, Python, Ruby, and JavaScript & Java. o Managed data center consolidations, migrations, and rollout of new technologies from Phoenix to Minneapolis. EDUCATION Master’s Degree Pacific School of Religion, Berkeley, CA Bachelor’s Degree San Diego State University, San Diego, CA Page 93 of 140 Page 380 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda CERTIFICATIONS AND TRAINING Amazon Web Services: Enterprise Security (2017) Amazon Web Services: Networking (2017) LinkedIn Training: Cloud Computing: Cloud Security (2017) NERC-CIP, 2013 (APS) ITIL v3 (2010) CCIE, 1996 (Cisco) PMP (PMI - 1991) SKILLS AND TECHNOLOGIES PM Tools: Jira, Teams, SharePoint, MS Project, Waterfall, Agile, Visio, Smartsheets Infrastructure: Cisco, Palo Alto, DMZ, Routers, Switches, F5, Cloud (public, private, hybrid, IaaS, PaaS, SaaS), VMware, iOS, Linux, Intel, Data Center builds, Data Center Migrations, Data Center Consolidations, Cloud Migrations, AWS, Azure, Disaster Recovery, Backups, Server and application upgrades, Citrix, storage, security, IAM, RedHat, middleware, capacity planning, Hybrid Cloud, Gigabit, Wi-Fi. Management: Strategic goal development, Risk Management, Financial Management, Staff Management, Negotiation, Budgeting, DCIM, Incident Management, Problem Management, Escalation Management, Business Process, Change and Release Management, Capacity and Performance Management, Resolutions, Help Desk Support, Single Sign-On (SSO), Ticketing Systems, Vendor Management, Jira, MS Project, Clarity, Plainview, AutoCAD, Resource Planning, Budget & Finance, Stakeholders, Metrics, P&L, Strategic Thinker, Innovative, Team Leadership, Collaboration, Forecasting, Facilitation, Continual Improvement Process Cyber-Security: NIST Cybersecurity, PCI DSS, Banking Standards, NERC CIP, ISO 27001 Page 94 of 140 Page 381 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Pulido, Richard Page 95 of 140 Page 382 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Thursday, October12, 202310:30PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - ThisemailoriginatedfromoutsidetheCityofChulaVista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISHALERTREPORTBUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 10/12/202310:30PM Response #: 16 SubmitterID: 112569 IPaddress: Timetocomplete: 34min. , 12sec. SurveyDetails Page1 ThisisanewCityCouncil-appointedCommission. PleaseclickheretoreadOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointmentofcommissioners areexpectedtobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhaveallinformation, includingrésuméasrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName RichardPulido 4. Email 1 Page 96 of 140 Page 383 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista, CA 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: IamaresidentoftheCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. N/A 12. Howlonghaveyou beenaresident and/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 15years 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive mapandverifyyourDistrictofresidency 2 14. Present employer BoozAllenHamilton 15. Position Manager 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. N/A 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Information \[×\] Privacy \[×\] Accounting \[×\] Public \[×\] Equityand Technology & Protection - andFinance - Safety - CivilRights - DataSecurity - Experience Experience Experience Experienceor Experience and/or and/or and/or legal and/or academicor professional expertisein backgroundin expertisein legal credentials in federal, state, theadvocacy cybersecurity background contracting, orlocal for 2 Page 97 of 140 Page 384 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda andsensitive relatedto procurement, government marginalized personal individual publicauditing, publicsafety groupsand information privacy control, functionsand communities management protection, compliance, operations. whohave andprotection. open and/orgeneral traditionally government oversight experienced principlesand professional privacyand structures, services. civilrights and/or concernsbased government onsex, gender, transparency. disability, socio-economic profile, nationalorigin, culture, or ethnic background. 19. Ifyouselectedoneormoreoftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) Over 40yearsofCommand ControlCommunicationsComputersandIntelligence ReconnaissanceC4ISRsystemsand architectureandproject management, andseniorlevel. Expert inCommercial andMilitarySatelliteWorldSystems that includesNavigation, DroneTechnologyCommunications, Portable Radios, andClimateChange installations. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? N/A 22. PerChulaVistaMunicipal CodeSection2.25.030, Iunderstand: IfI amcurrently servingonaboard orcommission, I mustresignfrommycurrentboard orcommissionif Iam appointed. I musthaveserved atleast 12monthson mycurrentboard orcommissioninorder tobeappointedtoanotherboard or commission. I havereadand RP acknowledge theabove statements. (please initial) 23. Whatdoyouhopetoaccomplishin theroleofa PrivacyProtection & Technology Advisory Commissioner? (250wordsor less) Toadvise CityCouncil of laws, rules, pertainingto gathering network mapand device configurationdata, application-level scannerscouldbeusedtosearch forvulnerabilitiessuchassurveillance forthesafetyof thepublicandindividuals. 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial RP PrivacyProtection andTechnologyAdvisory Commission.pdf Acknowledgments 3 Page 98 of 140 Page 385 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 25. TheCityunderstandsmeetingschedules andindividualavailabilitymaychange. Weaskthatyouconsiderthemeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regularmeetings bywrittenresolutionandmaychangeitsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledas needed. Ordinance No. 3553 Enteryourinitialsto RP acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto RP acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto RP acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto RP acknowledgethe statementabove. 29. IattesttheinformationIprovided isaccurateandtrue. Enteryourfullname to RichardPulido acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. To help prot ect your priva cy, 4 Page 99 of 140 Page 386 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 100 of 140 Page 387 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 101 of 140 Page 388 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 102 of 140 Page 389 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 103 of 140 Page 390 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Quiazon, Merzon Page 104 of 140 Page 391 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Marion Reynoso From:webmaster@chulavistaca.gov Sent:Monday, August 7, 2023 6:32PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:Cityof Chula Vista - Privacy ProtectionandTechnology AdvisoryCommission WARNING ThisemailoriginatedfromoutsidetheCityofChulaVista.Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirmthesender. PLEASEREPORTSUSPICIOUSEMAILSBYUSINGTHEPHISHALERTREPORTBUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/surveyhasbeensubmitted. FormName:PrivacyProtectionandTechnologyAdvisoryCommissionApplication Date&Time:08/07/20236:31PM Response#:2 SubmitterID:110920 IPaddress: Timetocomplete:22min.,54sec. SurveyDetails Page1 ThisisanewCityCouncilappointedCommission.PleaseclickheretoreadOrdinance3553.ThisCommissionwillbe effectiveAugust24,2023.NominationsandappointmentofcommissionersareexpectedtobegininOctober2023. Thisapplicationcannotbesaved.Pleaseensureyouhaveallinformation,includingrésuméasrequired. ApplicationformembershiponthePrivacyProtectionandTechnologyAdvisoryCommission 1.Prefix Mr. 2.PreferredPronoun He/Him/His 3.FirstandLastName MerzonJeffQuiazon 4.Email 5.HomeAddress 1Page 105 of 140 Page 392 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 6.City ChulaVista 7.ZIPCode 8.PrimaryPhone 9.SecondaryPhone Notanswered 10.IcertifythatIam18yearsofageandthefollowingstatementappliestome: IamaresidentoftheCityof ChulaVista 11.Ifyouownand/oroperateabusinessand/orpropertywithaphysicaladdressintheCityofChulaVista,listthephysical addressofthebusinessorproperty;ifthisdoesnotapplytoyou,pleasewritenotapplicable. 12.Howlonghaveyoubeenaresidentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 5years 13.Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict.Pleaseclickhere toviewtheinteractivemapandverifyyourDistrictofresidency 3 14.Presentemployer IntegratedPlanet 15.Position SeniorCyberSecurityProgramManager 16.HaveyoueverbeenemployedbytheCityofChulaVista? No 17.IfyouhaveworkedfortheCityofChulaVistapleaseprovidethedepartmentanddatesofemployment. Notanswered 18.Pleaseindicatethearea(s)inwhichyouhaveexpertiseandexperience,orselectNone:(selectasmanyasapplicable) Information\[×\]Privacy Technology&Protection DataSecurityExperience Experienceand/or and/oracademicor expertiseinlegal cybersecuritybackground andsensitiverelatedto 2Page 106 of 140 Page 393 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda personalindividual informationprivacy managementprotection, andprotection.open government principlesand structures, and/or government transparency. 19.Ifyouselectedoneormoreoftheareasofexpertiseandexperienceabove,pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselectedarea(s).(250wordsorless) Ihaveover15yearsofexperiencewithCyberSecurityfromtheUnitedStatesNavy.Myprimaryobjectivewastoprotectthe shipboardNavalNetworksfromCyberAttacksaswellascreateastrongdefensiveposture.MyexperienceinPrivacy Protectionwasduringthemanagementandmaintenanceoftheshipboardnetwork.Additionally,Icanofferguidanceon bestpracticesforsafeguardingpersonalandsensitivedata,includingdataencryption,anonymizationtechniques,and securedatastoragemethods. HigherEchelonNavyPolicieswereenforcedtoprotecttheSailor'sprivacybutatthesametimeweensuredtheNavy InformationSystemwasnotcompromised.Icanadviseonhowtocollect,store,andmanagedatainawaythatrespects userprivacyandminimizesdataexposure. 20.AreyoucurrentlyservingonanyboardorcommissionforChulaVistaoranyothergovernmentalagency? No 21.Ifso,whichones? Notanswered 22. PerChulaVistaMunicipalCodeSection2.25.030,Iunderstand: IfIamcurrentlyservingonaboardorcommission,ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. Ihavereadand MJQ acknowledgetheabove statements.(please initial) 23.WhatdoyouhopetoaccomplishintheroleofaPrivacyProtection&TechnologyAdvisoryCommissioner?(250wordsor less) AsaNavyVeteran,mydesireistocontinueservingthecommunityintheaspectoftheAdvisoryCommission.Specifically,in theaspectofPrivacyProtectionandTechnology. Goalstoaccomplish: PrivacyProtectionandEducation:Thiswouldincludeeducatingthepublicabouttheirrightsandhowtheirdataisbeing collectedandused,andthepotentialrisksofcertaintechnologies.ThepublicmustbeawarethatPrivacyandTechnologyis adoubleedgedswordthathaspositivesandnegatives. PolicyDevelopment:ToserveinanadvisoryroleinthedevelopmentofprivacypoliciesthatservestheCityofChulaVista. 3Page 107 of 140 Page 394 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Thiswouldbedonethroughmeetingswiththecriticalstakeholders,localgovernmentpersonnel,andadvocacygroups. TechnologyAssessment:Withtherapidgrowthoftechnology,itwillrequireacompleteunderstandofthebenefitsand downsidesofemergingtechnology.Acommissionmember,Iwouldhelpprovideinsightandrecommendationstoservethe citizensofChulaVista. 24.Iunderstandthattobeconsidered,Imustsubmitarésuméalongwiththisapplication. Pleaseinitial MJQ JEFFQUIAZON2023APRIL.pdf Acknowledgments 25.TheCityunderstandsmeetingschedulesandindividualavailabilitymaychange.Weaskthatyouconsiderthemeeting schedulewhenapplying.InaccordancewithCVMC2.25.200,theCommissionshallsetthedate,time,andlocationofits regularmeetingsbywrittenresolutionandmaychangeitsregularmeetingday,time,orlocationbywrittenresolution. The/ 2024,andthenoneregularmeetingquarterlythereafter.Specialmeetingsmaybescheduledasneeded. Enteryourinitialsto MJQ acknowledgethe statementabove. 26. IamfamiliarwiththeresponsibilitiesofthePrivacyProtectionandTechnologyAdvisoryCommissionandIamwillingto assumethem. Enteryourinitialsto MJQ acknowledgethe statementabove. 27. IunderstandifIamselectedtoserveonthisboardorcommissionIwillneedtodisclosecertaineconomicinterestsona publicdocument(Form700)inaccordancewiththeCityofChulaVista' sConflictofInterestCode Enteryourinitialsto MJQ acknowledgethe statementabove. 28. Iunderstandthatthisapplicationandanydocumentssubmittedinconnectionwiththeapplicationprocessarepublic recordsandmaybepubliclydisclosed. Enteryourinitialsto MJQ acknowledgethe statementabove. 29. IattesttheinformationIprovidedisaccurateandtrue. Enteryourfullnameto MJQ acknowledgethe attestationabove. Thankyou, CityofChulaVista ThisisanautomatedmessagegeneratedbyGranicus. Pleasedonotreplydirectlytothisemail. To help protectyMicrosoftOfficepautomaticdownlopicturefrom thePage 108 of 140 Page 395 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda JEFFQUIAZON, PMP jeff-quiazon Wellversedin leading teams throughproduct, engineering, anddesignin ahighly complex andlarge-scale environment. Proven abilitytoeffectively manage softwaretoolsandtechnological deliverablestoprovide technical strategywithgreater velocityandmorepredictableoutcomes. CertifiedProjectManagerProfessional (PMP) with experienceleadingremote, global, crossfunctionalteamsandmatrixorganizations. Seeking aroleasaTechnicalProject Manager. Specificstrengths in: ProjectManagement Communication Skills SeniorMilitary Leadership StrategicPlanning OperationsManagement GlobalOperations EDUCATION ANDCERTIFICATIONS University ofSouthern California, MarshallSchoolofBusiness LosAngeles, CA May2023 MasterofBusiness for Veterans Strayer University Washington, D.C. May2015 MasterofScience in Information TechnologyProjectManagement AlphaChiHonor Society OldDominionUniversity Norfolk, VA July 2002 Bachelor of Science, Information Technology Leadership: Naval Reserve OfficerTrainingCorps ProjectManagementInstitute April2021 ProjectManagement Professional (PMP) Credential # 2995285 PROFESSIONAL EXPERIENCE UnitedStatesNavy SanDiego, CA May2021 Present BranchHeadforCommunications andInformationSystems Influenced objectives andcoordinatedbusinessgoalssimultaneously across49projectstotranslate organizational strategy andevolving technologyroadmaps intosuccessfulprograms. Dedicatedand innovativeteambuilder withadvanced technical acumen toinfluenceteamdecisionsand secure robustsolutions witha99% successrate. Streamlinedoperational productivity acrossmultiplemilitaryprojectsin design, architecture, andsolutionreview stages which resulted incritical repairsandsystem upgradesacross 24projects withanon-timecompletion and enhanced systemsreliabilityof98%. Rebuiltcorestrategy, scope, androadmapsforInformation SystemResiliencyandfailovertesting, improving efficiency by45% andelevating system reliabilityto99%. Drovethesuccessful launch ofInformation SystemReadiness Programthroughresearch and developmentin partnership withengineering leads resultingin $2millioncost savings. UnitedStatesNavy SanDiego, CA October2019 May2021 DeputyCommunications Division Head Performedasa subject matterexpert (SME) inproject managementforglobal military operations. Exhibited senior leadershipinnumerousmultinationaloperationsbydiagnosing painpointsfrommultipledomainresourcesandimplemented strategies toensuresuccessful andscalablesolutions. Accomplished aMulti-National Communication programwithateam ofonetechnicalmanager and fourSMEsto establishandmanagea planofrecord (POR) inprioritizing deliverablesthatledtoasuccessful completionof a traditional 2-yearplanning cycle inanexpedited 3-monthplanning windowduetoCOVID-19. Spearheaded andguidedateamof30stakeholdersinallaspects ofprojectexecution andsupportedcross-functional 5,300personnel inaMSTeamenvironmentdueto afullyquarantined environmentat theheight ofCOVID-19. Page 109 of 140 Page 396 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda UnitedStatesNavy Sasebo, Japan July 2017 July2019 Deputy Communications Division Head Designed plans by identifying stakeholders, driving key milestones and strategies of the program. Alignedwithin thescope of the organization to deliver an on-schedule, on-budgetqualityproduct. Implemented a strategiccampaign plan with the Government of Australia and Australian Navy to deliver complex cross-team coordination to include commercialProject Management Officeand engineering teams. Effectively presented project progress, issues, and mitigations to all stakeholders that resulted in a successful bi-lateral mission execution. Led a department of four technical managers and 19team members in operation and maintenance of all communication and weapon system assets. Directed all phases of programs including acquisition, planning, and managingtechnical performance, which resulted in unprecedented operationalavailability for all projects. Identified program challenges and employed use of lean agile methodologies to increase end user engagement, seeking inputand feedback on servicedelivery toreallocate resources thus improving accessibility of products UnitedStates Navy Stuttgart, Germany May 2015 July 2017 Communications Branch Chief Directed multi-channel sales andservices in Europe worth over $2 Million in program assets, representing 30-35% military industry; drove quarterlystrategic objectives, and strategic client development. Provided organizationaloversighttofacilitatetechnicalCommunication Strategydesign inconjunction withR&D Teams, resulted in asmooth execution of information sharingvia cloud infrastructure and refininguserinterface reducinglanguage barrierconstraints. Relegated risks in Multi-NationsCommunications Plansthroughan analysisofkeyperformance indicators, followed bydevelopmentofdetailed plansand roadmapswhile engaging withpredictability andtransparency with internationalpartners. UnitedStates Navy Coronado, CA March2012 June2015 Communications BranchHead Commandedsix-person teamofcivilian andmilitarypersonaltoenable rapiddesignandcompletion ofInformation System projectscritical UnitedStatesNavyglobal operations; oversaw a $15Millionprogram portfolio. Engagedcurrent andprospective stakeholders tounderstandneeds, validatesolutions, and adviseonplanstoshape acquisitionsthat advancedcommunicationsand enhancednetwork effectivenessto94% across 97projects. Facilitated inspections, certifications, andarrangedsolutionsforfutureprocesses andtrainingprograms toreduce contractsupportandimproveprojectsustainment decreasingcontract feesby $5milliondollars. Recognized program challengesand employeduseof projectmanagement methodologies toincreaseenduser engagement, andoverall improvingproduct availability. UnitedStates Navy SanDiego, CA December2009 February 2012 ElectronicsMaintenance ProjectManager Orchestrated aseven-monthInformationSystems suiteupgradeby crafting delivery schedulesandexercising flexibilitytocompleteemergenttasks whilemitigating risks, managingtradeoffs, andeliminatingblockers that resulted inanon-timestart foranoperational employment cycle. Performed asasinglepointofcontactforall projectsto properlydevelop andmaintainprogress dashboards to includedisciplinedtrackingandinformation andrisk. Ultimately, ledtotheachievement ofdisparate tasks with varyingprioritiestoassure projectcompletion. UnitedStates Navy Arlington, VA January2007 January 2009 Budget andResourceAnalyst Governed afive-yearportfolio through budgeting, planning, andscheduling valuedat $80million for communication systems aboardamphibiousshipsinsupportofembarked U.SMarine Forces. Streamlined the preparation of proposals, business plans, andfinancialterms/conditions ofcontractsin support of U.S. MarineCorps networkinstallations which saved $5 million in redundant installation costs. Page 110 of 140 Page 397 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Quintero, Joaquin Page 111 of 140 Page 398 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Tuesday, August22, 20237:41PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChula Vista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - Thisemailoriginated fromoutside theCityofChula Vista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirm thesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISH ALERT REPORT BUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 08/22/20237:41PM Response #: 10 Submitter ID: 111406 IPaddress: Timetocomplete: 27min. , 35sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. Please clickhereto readOrdinance3553. This Commission willbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpected tobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésumé asrequired. Application formembership onthePrivacyProtection andTechnology Advisory Commission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName JoaquinQuintero 4. Email 1 Page 112 of 140 Page 399 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. Notapplicable 12. Howlong haveyoubeena residentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? 20years 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive map andverify yourDistrictofresidency 3 14. Present employer CityofSanDiego 15. Position CommunityRepresentative - Officeof Councilmember JoeLaCava 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityof ChulaVistapleaseprovide thedepartmentanddatesofemployment. Notanswered 18. Please indicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Information \[×\] Equity and Technology & CivilRights - DataSecurity - Experience or Experience legal and/or background in expertisein the advocacy cybersecurity for 2 Page 113 of 140 Page 400 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda andsensitive marginalized personal groupsand information communities management whohave andprotection. traditionally experienced privacyand civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. 19. Ifyou selectedoneormore oftheareasofexpertiseandexperience above, pleasedescribe the expertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) AfterinterningintheOfficeofSenatorFeinsteinandMayorTodd Gloria, andserving intheOfficeofCouncilmember LaCava, Ihavefoundacallinganda desiretoserve. However, Ihaveneverappliedmyeffortstomyown hometown, andwouldlike toremedy that. In addition tofamiliaritywithlocalgovernment andnavigating thebureaucracyoftheSanDiegoCitygovernment, Iholda degree in PoliticalScience, dataanalytics fromUCSanDiego. Thisdegree requiredstudy of datacollection, data organization, algorithmicbias, andmore. WhileIamnotanexpert inprivacy, myexperienceinlocalgovernment anddata analysiswillallow metorigorously assessinitiatives presented to theboard. And finally, asa proudChicanoandformerunion organizer, Ifeelpreparedtoarticulate minorityanddisaffected Chula Vistans' viewsandnavigate through community distrusttowardsanamicable, secure, andproductiveuseof technology. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipal CodeSection2.25.030, Iunderstand: IfI amcurrently servingonaboard orcommission, I mustresignfrommycurrentboard orcommissionif Iam appointed. Imusthave servedatleast12monthsonmycurrentboardorcommissioninordertobe appointed toanotherboard or commission. I havereadand JEQ acknowledge theabove statements. (please initial) 23. Whatdoyouhopetoaccomplishin theroleofa PrivacyProtection & Technology Advisory Commissioner? (250wordsor less) 3 Page 114 of 140 Page 401 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Ifselected, Iwillworktobringtransparency, efficacy, andarobustdefenseofpersonalprivacyforallinitiativesand proposalsassessedbytheboard. IbelievethateveryChulaVistandeservestoknowwhattechnologyourgovernmentisconsidering, howtheuseof technology improvestheirquality oflife, whyagivenbrandofagiventechnology isconsideredcompared toitscompetitors, andhowlocalgovernmentwillrobustlydefendpersonalprivacy. Anyinitiativethatdoesnotorcannotsatisfactorilyanswer everyquestionwillnotreceivemysupport. Importantly, Ibelievetechnologycanbeapositiveforceinthecommunityand willopposeany universally "anti-technology" individuals. 24. Iunderstand thattobeconsidered, Imustsubmitarésumé alongwiththisapplication. Pleaseinitial JEQ Joaquin_Quintero-Resume.pdf Acknowledgments 25. TheCityunderstandsmeetingschedules andindividualavailabilitymaychange. Weaskthatyouconsiderthemeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regular meetingsbywritten resolutionandmaychange itsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeeting quarterlythereafter. Specialmeetingsmaybescheduled asneeded. Ordinance No. 3553 Enteryourinitialsto JEQ acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto JEQ acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto JEQ acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto JEQ acknowledgethe statementabove. 29. IattesttheinformationIprovided isaccurateandtrue. Enteryourfullname to JEQ acknowledgethe attestationabove. Thankyou, CityofChulaVista 4 Page 115 of 140 Page 402 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Thisisanautomatedmessagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 5 Page 116 of 140 Page 403 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 117 of 140 Page 404 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Ruiz, Pati Page 118 of 140 Page 405 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Saturday, August5, 20233:06PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - ThisemailoriginatedfromoutsidetheCityofChulaVista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirmthesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISHALERTREPORTBUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 08/05/20233:05PM Response #: 1 Submitter ID: 110859 IPaddress: Timetocomplete: 23min. , 44sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. PleaseclickheretoreadOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpectedtobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésuméasrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Dr. 2. PreferredPronoun She/Her/Hers 3. Firstand LastName Pati Ruiz 4. Email 1 Page 119 of 140 Page 406 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. N/A 12. Howlonghaveyou beenaresident and/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? Since ~1986withagapbetween ~1999-2019 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncil district. Pleaseclickhere toviewtheinteractive mapandverifyyourDistrictofresidency 2 14. Presentemployer DigitalPromise 15. Position SeniorResearchScientist 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. Notanswered 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Information \[×\] Privacy \[×\] Equityand Technology & Protection - CivilRights - DataSecurity - Experience Experienceor Experience and/or legal and/or academicor backgroundin expertisein legal the advocacy cybersecurity background for 2 Page 120 of 140 Page 407 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda andsensitive relatedto marginalized personal individual groupsand information privacy communities management protection, whohave andprotection. open traditionally government experienced principlesand privacyand structures, civil rights and/or concerns based government on sex, gender, transparency. disability, socio-economic profile, nationalorigin, culture, or ethnic background. 19. Ifyou selectedoneormore oftheareasofexpertiseandexperience above, pleasedescribe the expertiseandexperience thatyouwouldbringtotheselected area(s). (250wordsorless) Iama formerK-12technology leader, Ialsospent16 yearsteachingcomputer scienceandSpanish ingrades6-12 before becomingaresearcher. Myresearchfocuses onemerging learningtechnologies (specificallyartificialintelligence and machine learning systems), criticalAI, accessiblewebdesign, responsible innovation, designjustice, equity, ethics, and inclusionintechnology, andeducatorprofessionallearning. Iamparticularlyinterested intheconsequences (intendedand unanticipated) ofemerging AItechnologiesonhistorically excluded populations andpeopleexperiencingmarginalization, specificallyLatinx/e, Black, Indigenous, andpeoplewith disabilities. Iama 2023WomenLeaders inAI Fellowwith the EdSAFE AIAlliance. 20. Areyoucurrentlyserving onanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipal CodeSection2.25.030, Iunderstand: IfI amcurrently servingonaboard orcommission, I mustresignfrommycurrentboard orcommissionif Iam appointed. Imusthave servedatleast12monthsonmycurrentboardorcommissioninordertobe appointed toanotherboard or commission. I havereadand PR acknowledge theabove statements. (please initial) 23. Whatdoyou hopetoaccomplishinthe roleofaPrivacy Protection & Technology Advisory Commissioner? (250wordsor less) Ilookforward toworkingwith fellowcommissioners, CityCouncilandStaff, aswellascommunity members tomakesure wereviewandprovideappropriateguidanceontechnology adoptionsandtheimplicationsitmighthaveonprivacy and personal information. Ihopetoprovideinformed guidanceofpolicies andproposals andunderstandthat thisisan independentoversight andadvisory roleandthatCityCouncil hastheultimate decision-making power onallmatters. 3 Page 121 of 140 Page 408 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 24. Iunderstand thattobeconsidered, Imustsubmitarésumé alongwiththisapplication. Pleaseinitial PR Ruiz- Resume-Aug2023.pdf Acknowledgments 25. TheCityunderstandsmeetingschedules andindividualavailabilitymaychange. Weaskthatyouconsiderthemeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommissionshallsetthedate, time, andlocationofits regular meetingsbywritten resolutionandmaychange itsregularmeeting day, time, orlocation bywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeeting quarterlythereafter. Specialmeetingsmaybescheduled asneeded. Ordinance No. 3553 Enteryourinitialsto PR acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto PR acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode Enteryourinitialsto PR acknowledgethe statementabove. 28. I understand thatthisapplication andanydocuments submittedinconnection withtheapplication processarepublic records andmaybepublicly disclosed. Enteryourinitialsto PR acknowledgethe statementabove. 29. Iattesttheinformation Iprovided isaccurate andtrue. Enteryourfullname to Patricia Ruiz acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Please donotreplydirectlyto thisemail. To help prot ect your priva cy, … 4 Page 122 of 140 Page 409 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 123 of 140 Page 410 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 124 of 140 Page 411 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 125 of 140 Page 412 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Williams, Devon Page 126 of 140 Page 413 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Wednesday, September27, 20235:42PM To:CityClerk; Karina L. Lafarga; MarionReynoso Subject:CityofChulaVista - PrivacyProtectionandTechnology AdvisoryCommission WARNING - ThisemailoriginatedfromoutsidetheCityofChulaVista. Donotclickanylinksanddonotopen attachmentsunlessyoucanconfirmthesender. PLEASE REPORT SUSPICIOUS EMAILSBYUSINGTHEPHISHALERTREPORTBUTTONorto reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: PrivacyProtection andTechnologyAdvisoryCommission Application Date & Time: 09/27/20235:41PM Response #: 13 Submitter ID: 112144 IPaddress: Timetocomplete: 17min. , 41sec. Survey Details Page1 ThisisanewCityCouncil-appointedCommission. PleaseclickheretoreadOrdinance3553. ThisCommissionwillbe effective August24, 2023. Nominationsandappointment ofcommissioners areexpectedtobegininOctober 2023. This applicationcannot besaved. Pleaseensureyouhave allinformation, includingrésuméasrequired. Application formembership onthePrivacyProtectionandTechnology AdvisoryCommission 1. Prefix Mr. 2. PreferredPronoun He/Him/His 3. Firstand LastName DevonWilliams 4. Email 1 Page 127 of 140 Page 414 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 5. HomeAddress 6. City ChulaVista 7. ZIPCode 8. PrimaryPhone 9. Secondary Phone Notanswered 10. IcertifythatIam18yearsofageandthefollowingstatement appliestome: Iamaresident of theCityof Chula Vista 11. Ifyouownand/oroperate abusinessand/orpropertywithaphysicaladdressintheCityofChulaVista, listthephysical addressofthebusinessorproperty; ifthisdoesnotapplytoyou, pleasewritenotapplicable. 12. Howlonghaveyoubeenaresidentand/orownedandoperatedabusinessand/orpropertyintheCityofChulaVista? ChulaVista 13. Iamaresidentand/orownandoperateabusinessand/orpropertyinthefollowingCityCouncildistrict. Pleaseclickhere toviewtheinteractive mapandverifyyourDistrictofresidency 4 14. Presentemployer JobCorps 15. Position ResidentialSupervisor 16. HaveyoueverbeenemployedbytheCityofChulaVista? No 17. IfyouhaveworkedfortheCityofChulaVistapleaseprovide thedepartmentanddatesofemployment. N/A 18. Pleaseindicatethearea(s) inwhichyouhaveexpertiseandexperience, orselectNone: (selectasmanyasapplicable) Noneofthe above 19. Ifyouselectedoneormoreoftheareasofexpertiseandexperience above, pleasedescribetheexpertiseandexperience thatyouwouldbringtotheselectedarea(s). (250wordsorless) N/A 2 Page 128 of 140 Page 415 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda 20. Areyoucurrentlyservingonanyboardorcommission forChulaVistaoranyothergovernmentalagency? No 21. Ifso, whichones? Notanswered 22. PerChulaVistaMunicipalCodeSection2.25.030, Iunderstand: IfIamcurrentlyservingonaboardorcommission, ImustresignfrommycurrentboardorcommissionifIam appointed. Imusthaveservedatleast12monthsonmycurrentboardorcommissioninordertobeappointedtoanotherboardor commission. I havereadand DW acknowledge theabove statements. (please initial) 23. Whatdoyou hopetoaccomplishintheroleofaPrivacyProtection & Technology AdvisoryCommissioner? (250wordsor less) Myhopeistobring acommon-senseperspectiveaswellasthecitizenvisiontothePrivacy Protection & Technology Advisory Commissioner, Ihave worked inthecommunity withourcitizensformorethantwodecadesmyexperienceand knowledge Ibelieve willallowfortheadvancementofourCityinthisarea. 24. Iunderstand thattobeconsidered, Imustsubmit arésumé alongwiththisapplication. Pleaseinitial DW NEWRESUMEDevon Williams2021.docx Acknowledgments 25. TheCityunderstands meeting schedules andindividualavailabilitymaychange. Weask thatyou consider themeeting schedule when applying. Inaccordance withCVMC2.25.200, theCommission shallsetthedate, time, andlocationofits regular meetingsbywritten resolutionandmaychange itsregularmeetingday, time, orlocationbywrittenresolution. TheCommission’s meetingschedule shallincludeatleastone regularmeetingeveryothermonththroughDecember 31, 2024, andthenoneregularmeetingquarterlythereafter. Specialmeetingsmaybescheduledas needed. Ordinance No. 3553 Enteryourinitialsto DW acknowledgethe statementabove. 26. Iamfamiliar withtheresponsibilities ofthePrivacyProtectionandTechnology AdvisoryCommission andIamwillingto assume them. Enteryourinitialsto DW acknowledgethe statementabove. 27. I understand ifI amselectedtoserve onthisboard orcommissionI willneedtodisclose certaineconomic interestsona publicdocument (Form700) inaccordancewiththeCityofChulaVista'sConflict of InterestCode 3 Page 129 of 140 Page 416 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Enteryourinitialsto DW acknowledgethe statementabove. 28. Iunderstandthatthisapplicationandanydocumentssubmittedinconnectionwiththeapplication processarepublic recordsandmaybepubliclydisclosed. Enteryourinitialsto DW acknowledgethe statementabove. 29. IattesttheinformationIprovidedisaccurateandtrue. Enteryourfullnameto DW acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 4 Page 130 of 140 Page 417 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda DEVONWILLIAMS 1671Jeremy PointCourt |ChulaVista, CA91911| 619-746-4151 DEVON2WILL@GMAIL.COM OBJECTIVE: FULL-TIMEPASTORAL MINISTRY, LEADERSHIP & ORGANIZATIONAL PLANNING EDUCATION: WordBible College ofEscondido, CA, 1991 EdutecBusinessCollegeSanDiegoCA, 1992 Bethel Seminary, Master of Divinity, 2015 SanDiego CityCollege, 2012 EMPLOYMENT & EXPERIENCE: Health and Human Services, Xator Corporation; TSM, April2021-June2021 Youth Care Mentor/Team Lead Provided effective communication between all program organizations, colleagues during shiftand to turn over hosting team meeting before and aftershift Followed-up with non-profit providers to obtain additional medical and socio- demographic information needed to secure safety of children Completed training and coaching to provide a safeenvironment to unoccupied children Go-Staff Staffing Agency, May 2019-April 2021 Guideout Driver/Safety Inspector/Injury Reporter Transported clientsto andfrom job sites Hired and recruitednew staff forlabor and construction sites Providedcommunication to programs for second-chance workers Provided mentorship andsupport to staff withbackgroundsrelatedtosubstanceabuse, prior incarceration, andhomlessness Inspectedjob sitestoensure safetyand decrease on-siteinjuries Completed documentation necessary whenworkplace injuryoccurred San DiegoChristian WorshipCenter, Outreach Minister & Life Group Coordinator2016-2020 City Christian Center, San Diego, 2001-2016 Senior Pastor, Counselor and Teacher Preacher/Teacher/Conference & Workshop Speaker, Personal Ministry, November 2003- Present Preachedthe entire counsel of theBible (Luke 4:18; Mark 16:15). TaughtGod’sprinciples in faithfulnessandsounddoctrine (Matthew 28:19; Titus1:6-9). Page 131 of 140 Page 418 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Instructed inmethods ofimplementationandpracticalapplication ofscriptural teachings (Phil. 4:8). Facilitated successful planning and executionofalleventsat400 + member congregation. Assisted Youth & YoungAdult Pastor in success ofvarious youthandyoungadult initiatives. Managed volunteerworkers andassistinassigning duties topaidworkers. Coordinated andmoderateplanning meetingswithMinistry Leaders, Media Team, and FamilyEnrichmentCenter Coordinated purchaseandinstallation ofproductsandservices. Assisted in coordination of intakeministry andorientation/support program fornew leaders/members. Oversaw success of Church involvement with various national organizations such as Homeless Outreach and Abused Women ShelterCoordination. Assistant Pastor: Gods Armor ChristianFellowship, San DiegoCA 1991- 1997 Intern Pastor: SoutheastChristian Center 2000-2001 US Navy Boiler Tech, 1987- 1991 FOD Manger General Dynamics, 1991 Site Plumber, DSI2001-2007 LEADERSHIP/TRAINING EXPERIENCE: EvangelismExplosion, (Leadership conferences) Signs & Wonders School of Ministry, PastorBenny Hinn, 2006-2011 TECHNOLOGICAL PROFICIENCIES: Windows • Familiar w/ MACOS • Internet/Email • Network Installation/System Administration Microsoft Office Suite (Word, PowerPoint, Excel, Publisher, & Outlook, Access, etc.) PROFESSIONAL MEMBERSHIPS: American Association of Christian Counselors, 2009-2010 REFERENCES: Pastor JerryMoses, CalvaryChapel of Laguna Niguel. 2 Laguna Niguel, CA PastorPedro Arce, Call of Zion Church, Chula Vista, CA Dr. James Smith, Bethel Seminary,t, San Diego, CA Page 132 of 140 Page 419 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Wood, Eric Page 133 of 140 Page 420 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 134 of 140 Page 421 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 135 of 140 Page 422 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 136 of 140 Page 423 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Page 137 of 140 Page 424 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda ERIC WOOD ; ChulaVista, CA. Dedicatedleaderwithover20yearsofexperienceintechnologyrecognizedfordeliveringsuperiorresults. Articulatecommunicator withahistoryofbuildinglastingrelationshipsacrosstheorganizationandknown tobuildconsensus amongstcompetingpriorities. Provenrecordofaccomplishmentsanddelivering innovativesolutions. Passionateaboutleveragingtechnologytodeliveroperationefficiencies. Proficient atmanagingbudgets, operational plans, andexecutingprogramstodeliverresults. Well-versedin presentations, accustomed toaddressing senior-levelexecutivesaswellaspoliticalleaders. Maintaining solidreliabilityandintegrityinallactions. Continuouslyprovidesmentoringandsuccession guidanceto teamsandstaffinsupportingtheirprofessionalgoals. SKILLS LawEnforcement Technology Enterprise Security HybridClouddeployment InnovativeSolutionsDesign EnterpriseArchitecture BusinessProcessMaturityModeling MobileDeviceManagement Identity & AccessManagement Real-timeoperationssystems Compliance management Applicationportfoliomanagement Project Management EDUCATION 2021 B.S. BUSINESSADMINISTRATION, CALIFORNIACOASTUNIVERSITY SummaCumLaude EXPERIENCE JUNE2022 – CURRENT INFORMATIONSECURITYOFFICER, PEREGRINETECHNOLOGIES PeregrineisaCloudhostedDecision Intelligence platformwhichofferssolutions forLaw Enforcement, JusticeandPublic Safety. Peregrineingests, enrichesandmodelsallthedata relevant tomakingthebest-informeddecisionforstateandlocalgovernmentagencies. Asthe Information SecurityOfficerIworkedwithproductengineering, operations, regulators and governmentcomplianceofficerstoensurethatPeregrinewasfullycompliantwithCJISsecurity policy, HIPAApoliciesandindustryacceptedbestpracticesbasedlargelyonNIST800-53 guidance. Thisincludeddevelopingthecompany’sphysicalsecuritypolicy, criticalincident responseplanandriskmanagementactivities. Myresponsibilitiesalsoincludedmanagingthird partysecurityandcomplianceassessments andmonitoringandtriagingalertsflagging operationalanomaliesordeviations fromestablishednormsandrecommendedpractices. Page 138 of 140 Page 425 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda APRIL2021 – APRIL2022 DIRECTOR, AUTOMATED REGIONALJUSTICEINFORMATION SYSTEM (ARJIS) ARJISisaJointPowersAgencyinSanDiegoCountythatisgovernedandfundedbytheChiefsof Policeandelectedofficialsthroughout theregion. InmyroleastheDirector, Iledamulti- disciplinaryteam of16professionals servingover4,400law enforcement personnelacross58 memberagenciesconsistingoffederal, state,andlocalpublicsafetyand justice. AsanewDirector, I workedwithcoregroup ofstakeholderstoconducta90-dayassessment. Asa resultoftheassessment, changeswereimplemented toimprove organizationrisk. Ialsoidentified andimplemented changes toremediate regulatory compliance and deviationsfrombestpractices inITsystems managementandcybersecurity. Thegreatestareaofneedwhichdominatedmuch ofmytimewasanassessment ofthegovernanceandfiscalmanagement. IworkedwithLegal, SANDAGChiefs, PoliceChiefsandelectedofficialsinordertooutline thestructural problemsand amulti-phasedremediation plan. MARCH2015 – APRIL2021 SMARTTECHNOLOGY OFFICER, CITY OFCHULAVISTA Envisionedandledmultipleinfrastructureimprovementsaswellasinnovativesolutionsincluding: LedtheeffortforChulaVistatobecomethefirstlawenforcementagency authorized by CaliforniaDoJtostorecriminaljusticeinformation intheMicrosoftAzureGovernment cloudandinOffice365Governmentcloud. Networkinfrastructureredesigntoimproveresilienceandperformance Implementedcomputerequipmentandlicenselifecyclemanagementprogramforclient andservercomputingtoensurepredictablespending, standardizingservicing/supportand training, andlimitingvariationofmodelstolowerCapExandOpExexpenses DroveOffice365andAzureGovernmentCloudadoptiontoaddressdataaccessibility throughmobile devices, documentanddatasharing, retentionandgovernance among teamsandbusinessprocessesandoperationalchallengesfromrelyingonlegacypractices. ImplementedmodernComputerAidedDispatching, DigitalandPhysicalEvidence Management systemandanewJailManagementsystemintegration. ImplementedandoperatedmodernAccess Control, CCTV systemandaReal-Time Operations Center Implemented andmaintained thefirstFAAauthorizedDroneas FirstResponder solution withinthe lawenforcement industry by workingwithmultiple internalandexternal stakeholders toachieve thereal-timeoperations andsituationalawareness with geographicallydispersed bases ofoperationwithdistinct networkoperations challenges Ledthedevelopment, implementationandvalidation testingphasesofaninnovative new products toincludeLive911 through a P3agreementtoreduce response timeforfirst responderswhile increasingofficersafety Ledtheenvisioning andvalidation testingofanewgenerationofCloud basedtraffic signal preemptionforfirstrespondersthrough partnerships and integrationto reduce response timeandriskofcollisionsduring responses. Thiswasarevolutionarychangeforthepublic safetyindustry Ledand co-presented nationallyonconnected officer programs andnext-generation mobiledatacomputers alongwiththeInformationSecurity Officer fortheFBIwhichalso includedthefirstproductionpilotinthe country forsmartphones asahybridin-vehicle computersbased on SamsungDeX. Partneredwithseveraltechnology companies todesignanddevelopacomputer-vision basedIoTsensor systemtoidentify public safety hazards andnotifyfirstresponders using AIandedgecomputing. 2Page 139 of 140 Page 426 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda MAY2000 - MARCH2015 PRINCIPAL CONSULTANT, MICROSOFT Ledsolutiondesign, development andimplementationofavarietyofinfrastructure, securityandmodernclientsolutionsacrossmultipleFortune100enterpriseswhich include: Windowsembeddedclientsolutionsfromsmartphones, totabletsandPoint-of-Sale registersacross 1,100ofKohl’sretailstoresnationwide. This involvedPCIcompliance, provisioning, profileanddevicemanagement. Customerexperienceinteractivekiosks andPoint-of-SalesystemsusingWindows EmbeddedforMcDonald’sCanadaandMcDonald’sFrance. Operating SystemdeploymentusingSystemCenterConfigurationManagerfor120,000 endpointsglobally atExxonMobil Globalingress/egressfirewallandproxyserverarchitecture, PKIarchitecture andsmart- carddeploymentforU.S. MilitaryandDepartmentofDefensepersonnel throughKellogg Brown & Root (KBR) Identity & Accessmanagement, includingacquisitionanddivestitureplanningand migrationexecutionforEDS, DellComputers, SmithOilandHalliburton. Developed offeringmaterials tocreatesalesanddeliveryresourcessothatMicrosoft’s consultingservicesaswellasMicrosoftPartnerscouldexecuteontheseinnovative solutionswithgreaterpredictabilityandsuccess. Participatingasamentorandtechnical interviewer ontherecruitingandprofessional developmentteamswithinMicrosoftServices. Presented atconferences onWindowsDeploymentandWindowsEmbedded solutions based onfield experiences. Ledcross functionalteamsincludingApplicationCompatibility, OSImageDevelopment, Deployment Planning andActiveDirectory Deployment concurrently atConocoPhillipsand Halliburton. PROFESSIONAL CERTIFICATIONS CertifiedInformationSystems SecurityProfessional (CISSP) – IssuedtheInternational Information System SecurityCertification Consortium, Inc. (ISC2). Certificate # 968000 CertifiedCloudSecurityProfessional (CCSP) – IssuedtheInternational Information SystemSecurity CertificationConsortium, Inc. (ISC2). Certificate # 968000 PRIOREXPERIENCE U.S. ArmySpecialist – SoftwareAnalyst/Programmer workingunderaSECRETclearancenear Washington D.C. 3Page 140 of 140 Page 427 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Privacy Protection and Technology Advisory Commission Nominations and Appointments November 28, 2023 Page 428 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Privacy Protection and Technology Advisory Commission (PTAC) Composition District-Based Nominations (4) •Four voting members are nominated and appointed using the district-based appointment process Mayoral Nominations (3) •Following the four district-based appointments, three additional voting members are nominated using the general appointment process (Mayoral nomination) Ex Officio Nomination (1) •The City Manager may nominate the ex officio (non-voting) member following the designated member appointment process Page 429 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda PTAC Member Expertise and Background Experience and/or expertise in cyber security and sensitive personal information management and protection. Information Technology and Data Security Experience and/or academic or legal background related to individual privacy protection, open government principles and structures, and/or government transparency.Privacy Protection Experience and/or professional credentials in contracting, procurement, public auditing, control, compliance, and/or general oversight professional services. Accounting and Finance Experience and/or expertise in federal, state, or local government public safety functions and operations.Public Safety Experience or legal background in the advocacy for marginalized groups and communities who have traditionally experienced privacy and civil rights concerns based on sex, gender, disability, socio-economic profile, national origin, culture, or ethnic background. Equity and Civil Rights Page 430 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Tonight’s Action 1.Determine the Nomination and Appointment Process 2.Nomination and Appointments of the 4 District-Based Seats 3.Nomination and Appointments of the 3 General Appointment (Mayoral Nomination) Seats Page 431 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda Nomination Process Options Nomination by Seniority Order In seniority order, each Councilmember nominates an applicant for appointment. If there is a second, it is voted upon immediately. If there is no second or a motion fails, the next member in rotation makes a nomination. Nominations continue in seniority order until each Councilmember has had a nominee appointed. Seniority order: Deputy Mayor Preciado, Councilmember Cardenas, Councilmember Chavez, Councilmember Gonzalez Nomination Order Determined by Lot The City Clerk can determine the order by random drawing. In the order drawn, Councilmembers nominate an applicant. If there is a second, it is voted upon immediately. If there is no second or a motion fails, the next member in rotation makes a nomination. Nominations continue in the randomly determined order until each Councilmember has had a nominee appointed. Other Process A majority of the City Council may determine an alternative nomination process. Page 432 of 432 City of Chula Vista - City Council November 28, 2023 Post Agenda