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2023/12/05 Post Agenda Packet
Date:Tuesday, December 5, 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 December 5, 2023 Post Agenda Page 2 of 637 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Leticia Conway in Recognition of Her Retirement and 21 Years of Service with the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.12) All items listed under the Consent Calendar are considered and acted upon by one motion. Anyone may request an item be removed for separate consideration. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 13 RECOMMENDED ACTION: Approve the minutes dated: November 28, 2023 5.2 Waive Reading of Text of Resolutions and Ordinances RECOMMENDED ACTION: Approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Consider Requests for Excused Absences 22 Councilmember Cardenas from the November 28, 2023 City Council meeting. RECOMMENDED ACTION: Consider requests for excused absences as appropriate. 5.4 Grant Award and Appropriation: Accept a Grant from the California State Library for the Stay and Play Program, Zip Book Program, Ready Set Grow Chula Vista! Program, and Appropriate Funds for that Purpose 23 Report Number: 23-0309 Location: No specific geographic location Department: Community Services – Library G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. City of Chula Vista - City Council December 5, 2023 Post Agenda Page 3 of 637 RECOMMENDED ACTION: Adopt a resolution accepting $39,414 in grant funds, amending the Fiscal Year 2023/24 budget, by appropriating said funds to the Library section of the State Grants Fund for the Stay and Play Program, Zip Book Program, and Ready Set Grow Chula Vista! Program. (4/5 Vote Required) 5.5 Annual Report: Fiscal Year 2022-23 Development Impact Fees, Parkland Acquisition and Development Fee and Trunk Sewer Capital Reserve Funds 28 Report Number: 23-0284 Location: No specific geographic location Department: Development Services G.C. § 84308: No 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: Receive the annual report regarding Development Impact Fees, Parkland Acquisition and Development Fee, and Trunk Sewer Capital Reserve Funds for Fiscal Year 2022-23. 5.6 Agreement: Approve the Springhill Suites Hotel Development Impact and Sewer Capacity Fee Deferral Agreement 55 Report Number: 23-0216 Location: 870 District Place Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the agreement for Deferral of Development Impact and Sewer Capacity Fees for the Springhill Suites Hotel. City of Chula Vista - City Council December 5, 2023 Post Agenda Page 4 of 637 5.7 Grant Award and Appropriation: Authorize a Grant Application and Accept Grant Funds from the California State Library for the Building Forward Library Facilities Improvement Program Civic and South Library Capital Project and Appropriate Funds 70 Report Number:23-0321 Location: Civic Library: 365 F Street, South Library: 389 Orange Ave. Department: Community Services G.C. § 84308: No 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 $19,470,000 in grant funds, and amend Fiscal Year 2023/24 budget by appropriating said funds to the Library section of the State Grants Fund for the Building Forward Program. (4/5 Vote Required) 5.8 Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association 75 Report Number: 23-0324 Location: No specific geographic location Department: Human Resources G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year. City of Chula Vista - City Council December 5, 2023 Post Agenda Page 5 of 637 5.9 Fee Update: Amend City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule 87 Report Number: 23-0315 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions amending the City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule. 5.10 City Election: Recite the Fact of the Special Municipal Election Held on November 7, 2023, Declare the Results, and Other Matters as Provided by Law 94 Report Number: 23-0293 Location: No specific geographic location Department: City Clerk G.C. § 84308: No 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: Adopt a resolution reciting the fact of the Special Municipal Election to fill the vacancy for the Office of the City Attorney held on November 7, 2023, declaring the results, and other related matters. City of Chula Vista - City Council December 5, 2023 Post Agenda Page 6 of 637 5.11 Employee Benefits: Adopt the 2024 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees 101 Report Number: 23-0306 Location: No specific geographic location Department: Human Resources G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions: A) 2024 Cafeteria Benefits Plan and B) Approving the Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024. 5.12 Purchase Agreement: Approve Master Services and Purchasing Agreement and Quotes with Axon Enterprise, Inc. to Purchase Body Worn Cameras, Taser Electronic Control Weapons, and In-Car Cameras 254 Report Number: 23-0314 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving Master Services and Purchasing Agreement and quotes with Axon Enterprise, Inc. to purchase Body Worn Cameras, Taser Electronic Control Weapons and In-Car Cameras and related services and authorizing the Mayor to execute same. 6.PUBLIC COMMENTS 327 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS City of Chula Vista - City Council December 5, 2023 Post Agenda Page 7 of 637 7.1 Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector 354 Report Number: 23-0318 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. 7.2 Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector 378 Report Number: 23-0319 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. 8.ACTION ITEMS City of Chula Vista - City Council December 5, 2023 Post Agenda Page 8 of 637 8.1 Privacy Protection and Technology Advisory Commission: Nominate and Appoint the District 4-Nominated Seat or Establish Implementation Procedures for the Initial Appointments, and Nominate and Appoint the Three General Appointment- Based Seats 402 Report Number: 23-0328 Location: No specific location Department: City Clerk G.C. § 84308: No 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. Nominate and appoint the District 4-nominated seat. OR B. Adopt a resolution establishing additional implementation procedures for appointing the initial Privacy Protection and Technology Advisory Commission members. FOLLOWING ACTION (A) OR (B): C. Nominate and appoint the remaining three voting members to the Commission using the general appointment process (Mayoral nomination). The remaining qualified applicants are: Marlano Batson, Jared Blackwell, Guy Chambers, Veronica Ferguson, Daniel Garate, Adolfo Gonzales, Susan Lake, Lucia Napolez, Thomas Pineda, Richard Pulido, Merzon Jeff Quiazon, Joaquin Quintero, and Devon Williams. 8.2 Public Participation: Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings 534 Report Number: 23-0327 Location: No specific geographic location Department: City Attorney & City Manager G.C. § 84308: No 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. City of Chula Vista - City Council December 5, 2023 Post Agenda Page 9 of 637 RECOMMENDED ACTION: Place an ordinance on first reading amending various sections in Chula Vista Municipal Code Chapter 2.04 to revise and implement regulations on public participation in public meetings, including procedures and regulations for addressing disorderly conduct and rules and time limits for addressing the City Council. (First Reading) 8.3 Policy Discussion: Continuation of October 5 Council Workshop Discussion on Potential Policy Options to Address the Impacts of Unsheltered in Chula Vista 577 Report Number: 23-0298 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: City Council continue discussion of policy options implemented by other jurisdictions in response to the unsheltered crisis. 9.CITY MANAGER’S REPORTS 629 10.MAYOR’S REPORTS 10.1 Annual Appointment of City Councilmembers to Outside Agencies 631 San Diego Association of Governments (SANDAG) Board of Directors - Member • San Diego Association of Governments (SANDAG) Board of Directors - 1st Alternate • San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate • San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group – Member • San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee - Member • Chula Vista Bayfront Facilities Financing Authority Board of Directors - Two (2) Members • Chula Vista University Subcommittee (internal subcommittee of the City Council) - Two (2) Members • Chula Vista Veterans Home Support Foundation - Member• Chula Vista Veterans Home Support Foundation - Alternate• City of Chula Vista - City Council December 5, 2023 Post Agenda Page 10 of 637 Interagency Water Task Force - Two (2) Members• International Council for Local Environmental Initiatives (ICLEI) - Member • International Council for Local Environmental Initiatives (ICLEI) - Alternate • League of California Cities, San Diego Division - Member• League of California Cities, San Diego Division - Alternate• Metropolitan Transit System Board of Directors (MTS) - 1st Member (Mayor) • Metropolitan Transit System Board of Directors (MTS) - 2nd Member (City Councilmember) • Metropolitan Transit System Board of Directors (MTS) - Alternate• Metropolitan Wastewater Commission (Metro) - Member• Metropolitan Wastewater Commission (Metro) - Alternate• Otay Ranch Preserve Owner Manager (POM) Policy Committee - Member • Otay Ranch Preserve Owner Manager (POM) Policy Committee - Alternate • Otay Valley Regional Park (OVRP) Policy Committee - Member• Otay Valley Regional Park (OVRP) Policy Committee - Alternate• San Diego Community Power Authority - Member• San Diego Community Power Authority - Alternate• South County Economic Development Council (EDC) - Member• South County Economic Development Council (EDC) - Alternate• University Project Task Force with Southwestern College - Two (2) Members • 10.2 Appointment of Deputy Mayor for 2024 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.CLOSED SESSION Announcements of actions taken in Closed Sessions shall be made available by noon on the next business day following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) City of Chula Vista - City Council December 5, 2023 Post Agenda Page 11 of 637 13.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: Yasoda Namier, et al. v. City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2019-00062842-CU-PA-CTL B) Name of case: City of Chula Vista v. Lexington Insurance Co., San Diego Superior Court, Case No. 37-2023-00005462-CU-BC-CTL 14.ADJOURNMENT to the regular City Council meeting on December 12, 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 December 5, 2023 Post Agenda Page 12 of 637 City of Chula Vista Regular City Council Meeting MINUTES November 28, 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: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:00 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Chavez led the Pledge of Allegiance. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation by Sweetwater Authority Director of Finance Rich Stevenson Regarding Water Rate Study Director of Finance Rich Stevenson representing Sweetwater Authority gave a presentation. 5. CONSENT CALENDAR (Items 5.1 through 5.10) Items 5.2 through 5.10 were removed from the consent calendar at the request of members of the public. Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Item 5.1. The heading was read, text waived. The motion was carried by the following vote: Clerk Note: Excused absence pending Council approval. Page 13 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 2 Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: November 14, 2023. ITEMS REMOVED FROM THE CONSENT CALENDAR 5.2 Waive Reading of Text of Resolutions and Ordinances Alan C. spoke in opposition to the item. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To approve a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 5.3 Consider Requests for Excused Absences The following members of the public spoke in opposition to the item: Paul Henkin John Acosta, Chula Vista resident Consuelo Robert Johnson submitted written comments in opposition to the item. Moved by Councilmember Gonzalez Seconded by Councilmember Chavez To approve an excused absence request from Councilmember Cardenas for the November 14, 2023, City Council meeting. The motion was carried by the following vote: Yes (3): Councilmember Chavez, Councilmember Gonzalez, and Deputy Mayor Preciado No (1): Mayor McCann Result, Carried (3 to 1) Page 14 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 3 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 The following members of the public spoke in opposition to the item: Mark Paul Henkin Robert Johnson submitted written comments in opposition to the item. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Ordinance No.3558, 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: ORDINANCE NO. 3558 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 (SECOND READING AND ADOPTION) 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 The following members of the public spoke in opposition to the item: John Acosta, Chula Vista resident Mark Paul Henkin Alan C. Moved by Deputy Mayor Preciado Seconded by Councilmember Chavez To adopt Ordinance No. 3559, 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 15 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 4 Item 5.5 heading: ORDINANCE NO. 3559 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 (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 The following members of the public spoke in opposition to the item: Mark Paul Henkin Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Ordinance No.3560, 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 5.6 heading: ORDINANCE NO. 3560 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 (SECOND READING AND ADOPTION) 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 The following members of the public spoke in opposition to the item: John Acosta, Chula Vista resident Alan C. Moved by Mayor McCann Seconded by Councilmember Chavez To accept the quarterly financial report for the quarter ended September 30, 2023 (First Quarter Report) and to adopt Resolution No. 2023-184, the heading was read, text waived. The motion was carried by the following vote: Page 16 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 5 Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Item 5.7 heading: RESOLUTION NO. 2023-184 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 (4/5 VOTE REQUIRED) 5.8 Investment Report: Quarter Ending September 30, 2023 Mark spoke in opposition to the item. Moved by Mayor McCann Seconded by Councilmember Chavez To accept the investment report for the quarter ending on September 30, 2023. 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) 5.9 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 The following member of the public spoke in opposition to the item: Mark Alan C. Paul Henkin Delia Dominguez Cervantes John Acosta, Chula Vista resident Laurie Orange, representing Community Congregational Development Corporation, spoke in support of the item. Madeline Corbeil submitted written comments in opposition to the item. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-185, 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 17 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 6 Item 5.9 heading: RESOLUTION NO. 2023-185 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 The meeting was recessed at 7:17 p.m. and resumed at 7:31 p.m. 5.10 Agreement: Approve an Agreement with AT&T Corporation to Provide the City with a Secure Private and Redundant Fiber Network Solution The following members of the public spoke in opposition to the item: Mark Consuelo Alan C. Robert Johnson submitted written comments expressing a neutral position. Moved by Mayor McCann Seconded by Deputy Mayor Preciado To adopt Resolution No. 2023-186, 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 5.10 heading: RESOLUTION NO. 2023-186 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 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident, expressed concern regarding the Tenant Protection Ordinance. The following members of the public spoke regarding issues related to homelessness: John Fischer Brandon Claypool L. Ramos, and he thanked the Mayor for responding to his inquiry. Dan Castillo acknowledged City staff. John Acosta, Chula Vista resident, spoke regarding City Attorney candidates and Councilmembers. Page 18 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 7 The following members of the public spoke regarding water rates: Alan C Mark Paul Henkin Delia Dominguez Cervantes and she spoke regarding Harborside Park. Sara Ochoa, Chula Vista resident, spoke regarding City matters and thanked the City Council. Consuelo spoke regarding candidates for the County Board of Supervisors. Robert Johnson spoke regarding various matters and submitted written comments regarding SANDAG. 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 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor McCann opened the public hearing. The following members of the public spoke regarding the item: John Acosta, Chula Vista resident Alan C. Mark There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2023-187, 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 7.1 heading: RESOLUTION NO. 2023-187 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 (4/5 VOTE REQUIRED) Page 19 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 8 8. ACTION ITEMS 8.1 Long-Term Financial Plan: Accept the General Fund Long-Term Financial Plan for Fiscal Years 2025-2034 Assistant Director Finance Del Rio; Budget and Analysis Manager Prendell; and Sean Windle, representing Beacon Economics, gave a presentation. The following members of the public spoke in opposition to the item: Alan C. Mark Consuelo Paul Henkin Moved by Mayor McCann Seconded by Councilmember Chavez To accept the General Fund Long-Term Financial Plan – Fiscal Years 2025-2034 report. 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) 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 Deputy Director of City Clerk Services Hernandez gave a presentation on the item. The following members of the public spoke in opposition to the item: Alan C. Mark Paul Henkin Robert Johnson Consuelo Mayor McCann announced that the remaining appointments for the District 4 seat, General nominations, and City Manager’s nominations would be heard at the next City Council meeting. Moved by Deputy Mayor Preciado Seconded by Councilmember Gonzalez To nominate and appoint Pati Ruiz to the Privacy Protection and Technology Advisory Commission as Deputy Mayor Preciado's nomination. The motion was carried by the following vote: Page 20 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2023-11 -28 City Council Regular Meeting Minutes Page 9 Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Moved by Councilmember Chavez Seconded by Mayor McCann To nominate and appoint Eric Wood to the Privacy Protection and Technology Advisory Commission as Councilmember Chavez's nomination. The motion carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) Moved by Councilmember Gonzalez Seconded by Deputy Mayor Preciado To nominate and appoint Robert Godinez to the Privacy Protection and Technology Advisory Commission as Councilmember Gonzalez's nomination. The motion carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Gonzalez, Deputy Mayor Preciado, and Mayor McCann Result, Carried (4 to 0) 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann made community announcements. 11. COUNCILMEMBERS’ COMMENTS There were none. 12. CITY ATTORNEY'S REPORTS There were none. 13. ADJOURNMENT The meeting was adjourned at 9:27 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 21 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda MEMORANDUM OFFICE OF COUNCILMEMBER ANDREA CARDENAS DATE: TO: FROM: SUBJECT: November 30, 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 11/28/2023 due to personal health maCers. Sincerely, Andrea Cardenas Councilmember District 4 CC: City Manager, City Clerk, City ACorney Page 22 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Grant Award and Appropriation: Accept a Grant from the California State Library for the Stay and Play Program, Zip Book Program, Ready Set Grow Chula Vista! Program, and Appropriate Funds for that Purpose Report Number: 23-0309 Location: No specific geographic location Department: Community Services – Library G.C. § 84308: No 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 $39,414 in grant funds, amending the Fiscal Year 2023/24 budget, by appropriating said funds to the Library section of the State Grants Fund for the Stay and Play Program, Zip Book Program, and Ready Set Grow Chula Vista! Program. (4/5 Vote Required) SUMMARY The City of Chula Vista Library System was awarded the Stay & Play Project grant in the amount of $4,500. The project is a program specifically designed to serve and support the needs of informal childcare providers and the children in their care. The project’s primary goal is to provide California public libraries connect informal caregivers to library and community resources, and to each other as well as promote and model early learning practices. On July 27, 2023 the City of Chula Vista Library System was awarded the Zip Books Project grant in the amount of $4,914. The project provides library users with speedy access to books that are not available at their local libraries. A patron requests the item, the library purchases it from Amazon, and the book is shipped directly to the patron’s home. Zip Books are a free alternative to Interlibrary Loans. The program is funded by the California State Library. Page 23 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 The City of Chula Vista Library System was awarded the Ready, Set, Grow grant in the amount of $30,000.00. The State of California made federal funds available through the Library Services and Technology Act (LSTA). The City of Chula Vista Library System was selected by the State Library to receive LSTA award funds. 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 consis ts 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 Stay & Play Project gives informal caregivers access to resources such as programming, materials, community experts, and equipment that can support them in their caregiving roles. The Zip Books Project gives patrons access to more materials that may not be available at their Library branch. The Ready, Set, Grow Chula Vista! Program will provide the Library System with up-to-date technologies and resources. 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 [Insert appropriate legislative body name, e.g., City Council/Housing Authority/Planning Commission] members do not create a disqualifying real property- related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $4,914 to the Zip Book program, one- time appropriation of $4,500 to the Stay & Play program, and a one-time appropriation of $30,000 to the Ready, Set, Grow Chula Vista! Program in the Library section of the State Grants Fund. The funding will offset the cost of the program, resulting in no net fiscal impact. Funds for associated staff time have already been included in the Library’s Fiscal Year 2024 budget. ONGOING FISCAL IMPACT Page 24 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 There is no ongoing fiscal impact as a result of accepting these grant funds. ATTACHMENTS None Staff Contact: Joy Whatley, Deputy Director of Community Services Barbara Locci, Management Analyst II Page 25 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING GRANT FUNDS FOR THE ZIP BOOKS PROGRAM, STAY & PLAY PROGRAM, AND READY, SET, GROW CHULA VISTA PROGRAMS WHEREAS, the City of Chula Vista Library System strives to provide the latest technologies and resources to its patrons; and WHEREAS, the Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards; and WHEREAS, the City of Chula Vista was selected by the State Library to receive state grant funds in the amount of $4,914 through the process adopted by the State Library in administering such grants; and WHEREAS, the award agreement pertains to Chula Vista Public Library’s Zip Books project; and WHEREAS, the City of Chula Vista Library System strives to provide the latest technologies and resources to its patrons; and WHEREAS, according to a 2015 report by the David & Lucile Packard Foundation, informal childcare is the most common form of nonparental childcare in the United States; and WHEREAS, Stay & Play is a program specifically designed to serve and support the needs of informal childcare providers and the children in their care; and WHEREAS, the City of Chula Vista Library System as a participant in the Packard Foundation Funded Stay & Play project is awarded $4,500.00; and WHEREAS, the project’s primary goals are to help California public libraries connect informal caregivers to library and community resources, and to each other as well as promote and model early learning practices; and WHEREAS, the City of Chula Vista Library System strives to provide the latest technologies and resources to its patrons; and WHEREAS, the State of California made federal funds available through the Library Services and Technology Act (LSTA) ; and WHEREAS, the Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards; and Page 26 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 WHEREAS, the award agreement pertains to Chula Vista Public Library’s LSTA-funded “Ready, Set, Grow, Chula Vista!” project; and WHEREAS, the City of Chula Vista Library System was selected by the State Library to receive LSTA award funds in the amount of $30,000 through the process adopted by the State Library in administering such grants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts $39,414 from the California State Library and amends the Fiscal Year 2023/24 budget by appropriating said funds to the Other Expense category of the Library section of the State Grants Fund for the Zip Books program, Stay & Play program, and the Ready, Set, Grow Chula Vista program. Presented by Approved as to form by Joy Whatley Jill D.S. Maland Deputy Director of Community Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 27 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Annual Report: Fiscal Year 2022-23 Development Impact Fees, Parkland Acquisition and Development Fee and Trunk Sewer Capital Reserve Funds Report Number: 23-0284 Location: No specific geographic location Department: Development Services G.C. § 84308: No 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 Receive the annual report regarding Development Impact Fees, Parkland Acquisition and Development Fee, and Trunk Sewer Capital Reserve Funds for Fiscal Year 2022-23. SUMMARY California Government Code Section 66000 requires local agencies assessing Development Impact Fees (“DIFs”) to make available specified financial data to the public each fiscal year. This report satisfies that requirement and has been available in the City Clerk’s Office for public review since November 9, 2023. An equivalent report for the Parkland Acquisition and Development (“PAD”) and Trunk Sewer Capital Reserve fees is included in this report for ease of reference and convenience to the public. 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 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. Page 28 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable DISCUSSION The City of Chula Vista collects several types of Development Impact Fees, Parkland Acquisition and Development fees, and Trunk Sewer Capital Reserve fees, which were assessed during the fiscal year ending June 30, 2023. The major categories of facilities financed via DIFs include transportation, traffic signals, pedestrian bridges, drainage, sewer, and public facilities. Development impact fees are updated in two manners: 1) Through a comprehensive DIF program review; or 2) a Council-enacted automatic annual adjustment, based upon an appropriate index. There were no comprehensive DIF updates completed in fiscal year (“FY”) 2022-23. In October of 2022, the following automatic index-based annual adjustments went into effect: Fee Description Previous Amount Updated Amount (Oct 2022) Difference Per Unit Transportation DIF (TDIF) $15,802 $16,479 $677 Single-family dwelling unit Western Transportation DIF (WTDIF) $4,928 $4,969 $41 Single-family dwelling unit Bayfront DIF (BFDIF) $11,913 $12,012 $99 Single-family dwelling unit Traffic Signal Fee $43.95 $47.29 $3.34 Average daily vehicle trip Salt Creek Sewer Basin DIF $1,612 $1,681 $69 Single-family dwelling unit Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge DIF $1,000 $1,043 $43 Single-family dwelling unit Otay Ranch Village 11 Pedestrian Bridge DIF $2,839 $2,960 $121 Single-family dwelling unit Public Facilities Development Impact Fee (PFDIF) $12,430 $13,394 $964 Single-family dwelling unit Parkland Acquisition & Development Fee (West of I-805) $13,797 $14,345 $548 Single-family dwelling unit Parkland Acquisition & Development Fee (East of I-805) $21,479 $22,027 $548 Single-family dwelling unit Trunk Sewer Capital Reserve Fee $4,182 $4,361 $179 Single-family dwelling unit Other fees addressed in this report remain at the same rate as the previous fiscal year. Page 29 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 DEVELOPMENT IMPACT FEES Eastern Transportation Development Impact Fee (“ETDIF”) The ETDIF fee was established on January 12, 1988 via Ordinance 2251 to finance and coordinate the construction of new transportation facilities so that new streets are built when needed to serve new development. This fee is applicable to all new development east of Interstate 805. Prior to the program, streets were built by developers in a fragmented fashion. In addition, equity issues arose, as some developers with frontages on large streets were required to improve those streets while other developers with only smaller local street frontages had less improvement requirements. Now, all developers in the eastern portion of Chula Vista pay the same fee per average daily trip (“ADT”) based on the number of vehicle trips generated for a specific land use. The City then constructs the street, or a developer performs the construction. If the developer constructs the street, they receive an ETDIF fee credit which is then applied towards payment of these fees at time of final inspection. The ETDIF is subject to an annual index-based adjustment. On October 1, 2022, the fee increased from $1,580.30 to $1,647.90 per ADT. The rate per single-family dwelling unit increased from $15,802 to $16,479. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule A of this report. Western Transportation Development Impact Fee (“WTDIF”) The Western TDIF fee was adopted on March 18, 2008 via Ordinances 3106 through 3110 to finance and coordinate the construction of new transportation facilities in the western neighborhoods of the City, as well as to spread the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. The WTDIF is subject to an annual index-based adjustment. On October 1, 2022, the fee increased from $492.87 to $496.97 per Equivalent Dwelling Unit (“EDU”). The rate per single-family dwelling unit increased from $4,928 to $4,969. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule B of this report. Bayfront Transportation Development Impact Fee (“BFDIF”) The Bayfront Transportation Development Impact Fee was adopted on November 18, 2014 via Ordinance 3327 to finance and coordinate the construction of new transportation facilities in the Chula Vista Bayfront area, as well as to spread the costs associated with the construction of the facilities equitably among the developing properties within the benefit area. This fee is applicable to new developm ent in the Chula Vista Bayfront area, generally described as properties west of Interstate 5 and between E Street and Naples Street. The BFDIF is subject to an annual index-based adjustment. On October 1, 2022, the fee increased from $1,191.37 to $1,202.25 per ADT. The rate per single-family dwelling unit increased from $11,913 to $12,012. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule C of this report. Traffic Signal Fee The Traffic Signal fee was adopted to finance and facilitate construction of traffic signal improvements required to mitigate increases in traffic volume caused by new development. This citywide fee is assessed per average daily trip generated. The Traffic Signal fee is subject to an annual index-based adjustment. On Page 30 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 October 1, 2022, the fee increased from $43.95 to $47.29 per ADT. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule D of this report. Telegraph Canyon Drainage Development Impact Fee The Telegraph Canyon Drainage fee was adopted via Ordinance 2384 to finance and facilitate construction of drainage improvements serving the Telegraph Canyon Drainage Basin. The fee has remained at $4,579 per acre since 1998. In November of 2015, the City Council considered and approved a comprehensive update of the Telegraph Canyon Drainage DIF. The 2015 action revised the detailed capital improvement program and confirmed the existing rate of $4,579 per acre. Since there were no properties remaining subject to the Telegraph Canyon Drainage Basin DIF, the City Council repealed the fee in July 2019 via Ordinance 3461. A fund balance remains and will be used when grant funding is available to complete improvements. Poggi Canyon Sewer Basin Development Impact Fee The Poggi Canyon Sewer Basin fee was adopted to finance and facilitate construction of the Poggi Canyon Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Poggi Canyon Basin. The fee was established at $400 per EDU in 1997. In June 2009, the Poggi Canyon Sewer DIF was updated and the fee was reduced to $265 per EDU. The fee remains unchanged since the 2009 action. Detailed FY 2022-23 financial information are presented in Attachment 1, Schedule E of this report. Salt Creek Sewer Basin Development Impact Fee The Salt Creek Sewer Basin fee was adopted to finance and facilitate construction of the Salt Creek Trunk Sewer, serving properties within the benefit area. This fee is applicable to the Salt Creek Sewer Basin, a portion of the Upper Otay Lake Basin north of the Salt Creek Sewer Basin, Wolf Canyon Basin, and a portion of the Lower Otay Lake Basin east of the Salt Creek Sewer Basin. In July 2015, the City Council considered and approved a comprehensive update of the Salt Creek Sewer Basin DIF. The 2015 action confirmed the existing rate of $1,330 per EDU and authorized annual index-based updates. An index-based update was implemented on October 1, 2022, increasing the fee from $1,612 to $1,681 per EDU. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule E of this report. Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 1, 2, 5, & 6 Pedestrian Bridge fee was adopted to finance and facilitate construction of pedestrian bridge facilities that will serve the subject villages. A comprehensive update of the fee program was considered and approved by the City Council in December 2015. The 2015 action reduced the fee from $1,114 to $844 per single-family dwelling unit and authorized annual index-based updates. An index-based update was implemented on October 1, 2022, increasing the fee from $1,000 to $1,043 per EDU. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule F of this report. Otay Ranch Village 11 Pedestrian Bridge Development Impact Fee The Otay Ranch Village 11 Pedestrian Bridge fee was adopted to finance and facilitate construction of four pedestrian bridges in Otay Ranch Village 11. The Village 11 Pedestrian Bridge DIF is subject to an annual Page 31 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 5 index-based adjustment. On October 1, 2022, the fee increased from $2,839 to $2,960 per single-family dwelling unit. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule F. Eastern Urban Center (“Millenia”) Pedestrian Bridge Development Impact Fee The Eastern Urban Center (“Millenia”) Pedestrian Bridge Development Impact Fee was adopted to finance and facilitate construction of the Eastlake Parkway Pedestrian Bridge in the Millenia project area. The EUC Pedestrian Bridge DIF was established with an initial rate of $615.13 per single-family DU via Ordinance 3273, adopted in August of 2013. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule F of this report. The Eastlake Parkway Pedestrian Bridge was constructed by the developer of Millenia and the cost was reimbursed to the developer in May 2023: 50% from the Otay Ranch Village 11 Pedestrian Bridge fund, and the other 50% from the EUC Pedestrian Bridge fund, less previous fee credits received as set forth in the nexus studies for each DIF. Public Facilities Development Impact Fee (“PFDIF”) The Public Facilities DIF was adopted to finance and facilitate construction of public facilities necessary to serve new development. The fee includes six components. All components are subject to an annual index- based adjustment. On October 1, 2022, the combined fee increased from $12,430 to $13,394 per single-family dwelling unit. Detailed FY 2022-23 financial information is presented in Attachment 1, Schedule G of this report. The components of the PFDIF, including current fees per single family dwelling are as follows: Administration ($788) - Administration of the PFDIF program, oversight of expenditures and revenues, preparation of updates, calculation of costs, etc. Civic Center Expansion ($3,903) - Expansion of the Civic Center per the 1989 Civic Center Master Plan to provide sufficient building space and parking needed to serve new development. The Civic Center Master Plan was updated in July 2001 to include impacts of Otay Ranch development. Project phases included the remodel and expansion of City Hall, remodel of the Public Services Building and remodel of the former Police Facility, Community Development and Legislative Buildings , including associated capital expenses. Police Facility ($2,194) - Improvements per the Civic Center Master Plan to provide sufficient building space and associated facilities needed to serve new development. Improvements include construction of a new police facility, upgrading the communications center and installation of new communication consoles. This fee also includes the purchase and installation of a com puter-aided dispatch system (“CAD”), Police Records Management System, Mobile Data Terminals, and police vehicles. Corporation Yard Relocation ($589) - Relocation of the City’s Public Works Center from the Bayfront area to the more centrally located site on Maxwell Road. Also includes the purchase of new vehicles directly attributable to new development and the need to maintain an expanding infrastructure network. Libraries ($2,244) - Improvements include construction of the South Chula Vista Library and fu ture planned libraries and installation of an automated library system. This component is based on the facility needs identified in the Library Master Plan and is applicable to new residential development only. Fire Suppression System ($1,973) - Projects include the relocation of Fire Stations 3 and 4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio Page 32 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 6 communications tower and construction of various fire stations in developing areas of the City. This fee currently reflects the nine-station network called for in the 1999 Fire Station Master Plan. This fee also includes the purchase of fire apparatus for new stations, as required to serve new development. Major Recreation Facilities ($1,703) - Component added in November 2002 to build major recreation facilities required to serve new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. This component is based on the facility needs identified in the Park & Recreation Master Plan and is applicable to new residential development only. Although the majority of the public facility project costs are borne by new development, it is important to note that some public facility projects contain both a City and new development cost share. The City share often reflects “joint impetus” projects, which are necessitated by growth and non-growth factors and/or the City’s obligation to correct pre-existing space/equipment deficiencies. The PFDIF fees only relate to new development’s cost share for each component. Parkland Acquisition and Development (“PAD”) Fees The Parkland Acquisition and Development in-lieu fee was adopted by the City to acquire neighborhood and community parkland and to construct parks, including recreational amenities. The acquisition component of the fee is set at $12,676 for areas east of I-805 and $4,994 for areas west of I-805, per single-family dwelling unit. The development component of the fee is applicable citywide and is subject to an annual index-based adjustment. On October 1, 2022, the development component increased from $8,803 to $9,351 per single- family dwelling unit. This action increased the combined fee from $2 1,479 to $22,027 and from $13,797 to $14,345; for areas east and west of I-805, respectively. The PAD fee is applicable to new residential development only. In fiscal year 2013-14, the fee requirement for hotel and motel developments was eliminated via Ordinance 2014-3303. Detailed FY 2022-23 financial information is presented in Attachment 2 of this report. Trunk Sewer Capital Reserve Fees The Trunk Sewer Capital Reserve fee was established in 1985 by Ordinance 2107 to finance all or a portion of the cost to enlarge sewer facilities to enhance efficiency of utilization and/or adequacy of sewer capacity. The fee program was last comprehensively updated in 2014, decreasing the fee per EDU from $3,478 to $3,450. The 2014 action also authorized annual index-based updates. An index-based update was implemented on October 1, 2022, increasing the fee from $4,182 to $4,361 per EDU. Detailed FY 2022-23 financial information is presented in Attachment 3 of this report. Interfund Loans On February 17, 2015, the City Council approved an Interfund Loan Policy (the “Policy”), along with a series of resolutions affirming and consolidating various interfund loans between DIF, PAD, and Trunk Sewer Capital Reserve Funds. Pursuant to the Policy, all interfund loans will accrue interest charges equal to the City’s actual pooled cash investment return. As a result of this change, the interest charges to date for all existing interfund loans were recalculated. The total amount due, as reported in the attached schedules may, Page 33 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 7 therefore, vary significantly from the amounts presented in prior reports. In addition, interest rates are not reported for interfund loans in this report, as the applicable rate will vary based upon the City’s actual investment returns. FY 2022-23 Financial Information Detailed FY 2022-23 financial information is presented in the Attachments as follows: Attachment 1, Schedules A through F, reports the required financial information for all DIFs except the Public Facilities DIF. Attachment 1, Schedule G reports the required financial information for the Public Facilities DIF and its components. Attachment 2 reports the required financial information for the Parkland Acquisition and Development fees. Attachment 3 reports the required information for the Trunk Sewer Capital Reserve fees. The schedules contain the following: Beginning balance as of July 1, 2022. Fees received during the fiscal year ending June 30, 2023. Other miscellaneous revenues received during the fiscal year ending June 30, 2023. Interest earned from investing the cash balances available in each fund or from interfund loans during the fiscal year ending June 30, 2023. Expenditures from each of the funds during the fiscal year ending June 30, 2023. A description of each capital and non-capital project with expenditures funded entirely or in part by DIF/PAD/Trunk Sewer funds in FY 2022-23 and the percentage of the project funded by this fee through FY 2022-23. More detailed information on capital projects is available in the annual Capital Improvement Program Budget. Outstanding balances of interfund loans made from DIF/PAD/Trunk Sewer Capital Reserve funds, as of the end of FY 2022-23. Ending balances as of June 30, 2023 for each fund (unaudited). The amount, description, and purpose of each fee. Identification of an approximate date by which the construction of public improvements will commence. 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 This is an informational report and there is no fiscal impact associated with receiving or rejecting the report. Page 34 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 8 ONGOING FISCAL IMPACT This is an informational report and there is no ongoing fiscal impact associated with receving or rejecting the report. ATTACHMENTS 1. FY 2022-23 Financial Information for all DIFs, (Schedules A through G) 2. FY 2022-23 Financial Information for PAD Fees 3. FY 2022-23 Financial Information for Trunk Sewer Capital Reserve Fees Staff Contacts: Jeremiah Valenzuela, Management Analyst I, Development Services Kimberly Elliott, Facilities Financing Manager, Development Services Laura C. Black, AICP, Director of Development Services Page 35 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FEE DESCRIPTION: eastern areas of Chula Vista FEE AMOUNT:1,647.90$ per average daily trip (ADT) FY 22/23 BALANCE INFORMATION*:Sub-Fund 590920 EAST TRANS DIF Beginning Balance, 07/01/22 39,356,176 Revenues ETDIF Fees Collected 7,563,364 Transfers In 220,387 Interest Earned 716,235 Total Revenues 8,499,986 Expenditures CIP Project Expenditures (837,501) City Staff Services (332,711) Other Expenditures (65,824) Total Expenditures (1,236,037) Ending Balance*, 06/30/23 46,620,125$ *Unaudited ATTACHMENT 1 - SCHEDULE A EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE (ETDIF) FY 22/23 ACTIVITY To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in Page 36 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CIP EXPENDITURES: Project Actual Total Appropriation % Of Project Future Initially PROJECT DESCRIPTION Expenditures as of 6/30/23 Funded by ETDIF Appropriations Scheduled CTY0208 CIP Mngmt & Equipment Purchase -$ 205,873$ 36.4%-$ 2006 STL0261 Willow St Bridge Widening Phs2 5,075 37,194,097 17.9%- 2000 STL0444 Willow St Bridge Repl Env Mit Compl 3,583 400,000 55.7%2019 STM0331 98/East Orange Ave Extention 18,194 3,961,564 100.0%- 1999 STM0357 Rock Mtn Rd Heritage-La Media 1,657 807,000 93.8%- 2004 STM0359 Rock Mtn Rd - SR125 Overpass - 144,544 100.0%- 2005 STM0374 Heritage Rd Olympic to Main - 150,000 100.0%- 2011 STM0375 SR125 @SanMgl Rnch 1/2Interchg 1,010 172,869 100.0%- 2011 STM0382 Bike Lane along East H Street 6,201 2,810,124 85.2%- 2014 STM0386 Heritage Rd Bridge Improvmnts 595,587 5,657,799 26.9%15,608,000 2014 STM0388 Main Street Widening FY16 60,356 300,000 100.0%8,170,000 2015 STM0389 Heritage Rd Widening FY16 47,902 400,000 100.0%- 2015 STM0409 PID & PRED for SR-125 at Main Stree 20,618 460,000 100.0%300,000 2021 TRF0274 Traffic Count Stations 196 835,000 73.6%- 1990 TRF0325 Transportation Planning Progrm 4,790 835,000 73.0%20,000 2004 TRF0357 SR125 Corridr and Arterial Ops - 50,000 100.0%- 2008 TRF0364 Trans Dev Impact Fund Update 5,170 255,000 100.0%- 2008 TRF0389 Adptv Trfc Signl Systm Expansn - 1,779,500 57.3%- 2014 TRF0396 Trfc Mgmt Cntr &Communictn MP - 319,938 13.1%- 2015 TRF0403 Traffic Signal Comm Improve 67,163 2,450,000 100.0%- 2017 TOTAL:837,501$ 59,188,308$ 24,098,000$ FY22/23 INTERFUND LOAN INFORMATION: Oustanding Description of Loan Loan Amount Advance to PFDIF (Fire Suppression) affirmed and consolidated via Council Resolution No. 2015-035 on February 17, 2015 $9,056,527 EASTERN TRANSPORTATION DEVELOPMENT IMPACT FEE (ETDIF) FY 22/23 ACTIVITY SCHEDULE A.1 Page 37 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FEE DESCRIPTION:To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in western areas of Chula Vista. FEE AMOUNT:496.97$ per average daily trip (ADT) FY 21/22 BALANCE INFORMATION*: Sub-Fund 590922 Western Trans DIF Regional Arterial Sys Beginning Balance, 07/01/22 2,256,151 Revenues WTDIF Fees Collected 1,213,000 Interest Earned 66,336 Total Revenues 1,279,336 Expenditures Other Expenditures (10,247) Total Expenditures (10,247) Ending Balance*, 06/30/23 3,525,240 *Unaudited Note: Funds 590923, 590924 and 590925 were consolidated with Fund 590922 on March 8, 2022. ATTACHMENT 1 - SCHEDULE B WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 22/23 ACTIVITY Page 38 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CIP EXPENDITURES: Project Actual Total Appropriation % Of Project Funded Future Initially PROJECT DESCRIPTION Expenditures at 6/30/23 by WTDIF Appropriations Scheduled STL0451 Bayshore Bikeway Segment 6A - - 0%104,750 2024 STM0384 Bike Lane Improv Broadway Ph 1 - 2,974,663 4.1%-2018 STM0399 I-805 Main Street Interchange PID - 100,000 100.0%-2020 TOTAL:-$ 3,074,663$ 104,750$ SCHEDULE B.1 WESTERN TRANSPORTATION DEVELOPMENT IMPACT FEES (TDIF) FY 22/23 ACTIVITY Page 39 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ATTACHMENT 1 - SCHEDULE C BAYFRONT TRANSPORTATION DEVELOPMENT IMPACT FEE (BFDIF) FY 22/23 ACTIVITY FEE DESCRIPTION: the Bayfront area of Chula Vista FEE AMOUNT:1,201.25$ per average daily trip (ADT) FY 22/23 BALANCE INFORMATION*:Sub-Fund 590926 BAYFRONT TDIF Beginning Balance, 07/01/22 85,080 Revenues BFDIF Fees Collected - Interest Earned 1,673 Total Revenues 1,673 Expenditures Other Expenditures (10) Total Expenditures (10) Ending Balance*, 06/30/23 86,743$ To finance the construction of transportation facilities required to mitigate increasing traffic volumes caused by new development in *Unaudited Page 40 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FEE DESCRIPTION: FEE AMOUNT:47.29$ per average daily trip (ADT) FY 21/22 BALANCE INFORMATION*: Sub-Fund 590354 TRAFFIC SIGNAL Beginning Balance, 07/01/22 1,513,238 Revenues Traffic Signal Fees Collected 384,808 Interest Earned 31,793 Total Revenues 416,601 Expenditures CIP Project Expenditures (153,663) Reimbursement to Other Agencies (744,737) Other Expenditures (12,658) Total Expenditures (911,059) Ending Balance*, 06/30/23 1,018,780$ ATTACHMENT 1 - SCHEDULE D TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 22/23 ACTIVITY To finance the construction of traffic signal improvements required to mitigate increasing traffic volumes caused by new development citywide. *Unaudited Page 41 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CIP EXPENDITURES: Project Actual Total Appropriation % Of Project Funded Future Initially PROJECT DESCRIPTION Expenditures as of 6/30/23 by Traffic Signal DIF Appropriations Scheduled CTY0208 CIP Mngmt & Equipment Purchase - 220,873 0 - 2006 STL0405 ADA Curb Ramps FY2014/15 - 493,948 9.6%- 2015 STL0420 PalomarSt/Orange Ave Sidewalk 185 1,315,000 23.8%- 2016 TRF0337 Traf Signal Left Turn Mod Prog 773 226,649 100.0%- 2006 TRF0354 Traffic Congestion Relief Prog 10,584 1,706,365 10.9%100,000 2006 TRF0366 Trafc Sgnl & Stlight Upgrd/Mtn 58,790 3,482,912 12.7%250,000 2021 TRF0384 Hazel Cook Elem Schl Ped Imprv - 731,600 49.3%- 2013 TRF0388 Trfc Sgnl Modf at 4Intersectns - 1,375,615 47.6%- 2015 TRF0389 Adptv Trfc Signl Systm Expansn - 1,779,500 8.4%- 2015 TRF0390 Trfc Sgnl &Ped Fac Modf Palomr - 405,962 11.7%- 2014 TRF0394 Ped Crosswlk Enhancmnt @Uncntr - 828,316 37.3%- 2015 TRF0398 Trfc Signal @Jacqua St &Main - 165,000 69.7%- 2015 TRF0400 Signal Retiming of Yellow 35,393 400,000 27.5%- 2017 TRF0402 Trfc Signal Mod @ Broadway/F&G - 823,517 23.6%- 2016 TRF0404 Traf Sig Retime/Install Fiber 2,363 1,798,160 15.8%- 2018 TRF0405 Ped Countdown Inst&Signal Mod - 1,528,041 20.4%- 2017 TRF0407 Traffic Sig Mod at 5 Intersect 5,755 1,802,248 25.5%- 2019 TRF0412 Traffic Signal Upgrades Two Sites - 777,431 14.6%- 2019 TRF0418 Lead Ped Interval Traf Signal Ops 39,314 200,000 8.0%- 2020 TRF0424 Ped Hybr Beacon Upgrade 4th@Westby - 400,000 30.0%- 2021 TRF0430 ADA Pedestrian Push Button Imprvmnt 505 200,000 25.0%100,000 2023 TOTAL:153,663$ 20,661,137$ 450,000$ SCHEDULE D.1 TRAFFIC SIGNAL DEVELOPMENT IMPACT FEES FY 22/23 ACTIVITY Page 42 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Poggi Canyon Sewer Basin DIF (PC Sewer Basin DIF) Sub-Fund 430766 Salt Creek Sewer Basin DIF (SC Sewer Basin DIF) Sub-Fund 430767 FEES DESCRIPTIONS: Poggi Canyon Sewer Basin DIF:For the construction of a trunk sewer in the Poggi Canyon Sewer Basin from a proposed regional trunk sewer west of I-805 along Olympic Parkway to the boundary of Eastlake. Salt Creek Sewer Basin DIF: For the planning, design, construction and/or financing of the facilities. FEES AMOUNTS: Sub-Fund 430766 Sub-Fund 430767 Poggi Canyon Sewer Salt Creek Sewer Basin DIF Basin DIF Base fee per equivalent dwelling unit (EDU) 265$ 1,681$ 1.0 EDU per single family, attached or detached 265$ 1,681$ 0.75 EDU per multi-family dwelling unit 199$ 1,261$ Commercial land use $265/EDU $1,681/EDU Industrial land use $265/EDU $1,681/EDU ATTACHMENT 1 - SCHEDULE E SEWER DEVELOPMENT IMPACT FEES FY 22/23 ACTIVITY Page 43 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CASH BALANCE INFORMATION*: Sub-Fund 430766 Sub-Fund 430767 Poggi Canyon Sewer Salt Creek Sewer Basin DIF Basin DIF Beginning Cash Balance, 07/01/2022 3,150,140 1,925,262 Revenues DIF Fees Collected 4,770 827,705 Interest Earned 61,567 52,780 Total Revenues 66,337 880,484 Expenditures Interest Expense (371,729) City Staff Services (7,700) (4,546) CIP Project Expenditures (68,165) (252) Other Expenses (367) (322) Total Expenditures (76,233) (376,849) Net Balance Sheet Activity (3,725) (135,208) Ending Cash Balance*, 06/30/2023 3,136,519$ 2,293,689$ *Unaudited SCHEDULE E.1 SEWER DEVELOPMENT IMPACT FEES FY 22/23 ACTIVITY Page 44 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CIP EXPENDITURES: Project Actual Total Appropriation % Of Project Funded Future Initially PROJECT DESCRIPTION Expenditures at 6/30/23 by Sewer DIF Appropriations Scheduled STM0357 Rock Mtn Rd Heritage-La Media 252 807,000 6%- 2006 SWR0284 Poggi Cyn Trnk Swr Upgrade Rch 2,247 300,000 100.0%- 2015 SWR0311 Poggi Canyon Swr Imprv Olympic Pkwy 65,918 3,546,000 100.0%- 2020 TOTAL:68,418$ 4,653,000$ -$ SCHEDULE E.2 SEWER DEVELOPMENT IMPACT FEES FY 22/23 ACTIVITY Page 45 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Otay Ranch Village 1, 2, 5 & 6 Pedestrian Bridge DIF (OR Vil 1 & 5 Pedestrian Bridge DIF), Sub-Fund 580940 Otay Ranch Village 11 Pedestrian Bridge DIF (OR Vil 11 Pedestrian Bridge DIF), Sub-Fund 580941 Otay Ranch Millenia Eastern Urban Center Pedestrian Bridge (DIF) ( OR Millenia EUC Pedestrian Bidge DIF), Sub-Fund 580981 FEE DESCRIPTIONS: OR Village 11 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement in Otay Ranch Village 11. OR Millenia EUC Ped Bridge DIF: To finance the construction of pedestrian bridge improvement in OR Millenia (EUC). FEE AMOUNTS: Sub-Fund 580940 Sub-Fund 580941 Sub-Fund 580981 OR Village 1, 2, 5 & 6 OR Village 11 Millenia EUC Ped Bridge DIF Ped Bridge DIF Ped Bridge DIF 1,043$ 2,960$ 615.13$ per multi-family equivalent dwelling unit 773$ 2,194$ 456.10$ ATTACHMENT 1 - SCHEDULE F OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 22/23 ACTIVITY OR Village 1 & 5 Pedestrian Bridge DIF: To finance the construction of pedestrian bridge improvement between Otay Ranch Villages 1, 5 & 6. per single family equivalent dwelling unit Page 46 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 BALANCE INFORMATION*: Sub-Fund 580940 Sub-Fund 580941 Sub-Fund 580981 OR VILLAGE 1,2,5&6 OR VILLAGE 11 EUC MILLENIA PED BRIDGE DIF PED BRIDGE DIF PED BRIDGE DIF Beginning Fund Balance, 07/01/22 2,733,206 3,442,592 389,661 Revenues DIF Fees Collected 51,311 58,170 (11,409) Interest Earned 54,407 60,559 5,608 Total Revenues 105,718 118,729 (5,801) Expenditures City Staff Services - - - Reimb to Other Agencies - (1,622,452) (388,078) Other Expenditures (2,880) (263) (9) Total Expenditures (2,880) (1,622,715) (388,086) Ending Balance*, 06/30/23 2,836,045 1,938,607 (4,227) SCHEDULE F.1 OTAY RANCH PEDESTRIAN BRIDGE DEVELOPMENT IMPACT FEE FY 22/23 ACTIVITY *Unaudited Page 47 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ATTACHMENT 1 - SCHEDULE G FEE DESCRIPTIONS AND AMOUNTS: Program Administration: Administration of the Public Facilities DIF program, overseeing of expenditures and revenues collected, preparation of updates, calculation of costs, etc. Single-Family $788/DU; Multi-Family $746/DU; Commercial $2,517/Acre; Industrial $796/Acre. Civic Center Expansion: Expansion of the 1989 Civic Center per the Civic Center Master Plan to provide sufficient building space and parking due to growth and development. Single Family $3,903/DU; Multi-Family $3,698/DU; Commercial $12,454/Acre; Industrial $3,935/Acre. Single-Family $2,194/DU; Multi-Family $2,370/DU; Commercial $10,365/Acre; Industrial $2,235/Acre. Corporation Yard: Relocation of the City's Public Works Center to Maxwell Road and acquisition of equipment. Single-Family $589/DU; Multi-Family $472/DU; Commercial $10,021/Acre; Industrial $4,719/Acre. Single-Family & Multi-Family $2,244/DU. Single-Family $1,973/DU; Multi-Family $1,420/DU; Commercial $5,214/Acre; Industrial $1,038/Acre. Single-Family & Multi-Family $1,703/DU. Recreation (Residential Only): Improvements include construction of major recreation facilities needed to serve new development such as community centers, gymnasiums, swimming pools, and senior/teen centers. PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 22/23 ACTIVITY Police Facility: Accommodation of the building space needs per the Civic Center Master Plan, which included the newly constructed police facility, upgrading of the communications center and installation of new communication consoles. Also included is the purchase and installation of a computer aided dispatch system (CAD), Police Records Management System, and Mobile Data Terminals. Libraries (Residential Only): Improvements include construction of the South Chula Vista library and Eastern Territories libraries, and installation of a new automated library system. Fire Suppression System: Projects include the relocation of Fire Stations #3 & #4, construction of a fire training tower and classroom, purchase of a brush rig, installation of a radio communications tower and construction of various fire stations needed to serve new development. Page 48 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 BALANCE INFORMATION *: Police Corp Yard Fire Supp.Rec. Gen. Admin.Civic Center Facility Relocation Libraries System Facilities Sub-Fund Sub-Funds Sub-Fund Sub-Fund Sub-Fund Sub-Fund Sub-Fund 560896 560895/560897 560898 560899 560900 560901 560902 TOTAL Beginning Balance, 07/01/22 7,253,687 192,852 (3,178,614) (1,126,945) 25,169,341 (15,100,583) 3,423,901 16,633,639 Revenues DIF Revenues 805,020 3,938,798 2,532,380 675,283 2,245,104 1,560,603 1,712,204 13,469,392 Investment Earnings 154,333 45,032 (41,250) (19,277) 518,291 (92,773) 98,345 662,702 Proceeds of Long-Term Debt - - - - - 3,986,967 - 3,986,967 Total Revenues 959,353 3,983,830 2,491,130 656,006 2,763,395 5,454,796 1,810,549 18,119,060 Expenditures City Staff Services (200,368) - - - - - - (200,368) Other Expenses (930) (187) - - (3,064) - (604) (4,786) Other Capital Expenses - -- (93,947) - - - (93,947) CIP Project Expenditures - -- - (1,647,631) - - (1,647,631) Financed Expenses - -- - - (4,052,909) - (4,052,909) Transfers Out (Debt Service)- (2,728,577) (1,546,803) (728,446) - - - (5,003,827) Total Expenditures (201,298) (2,728,765) (1,546,803) (822,393) (1,650,695) (4,052,909) (604) (11,003,467) Ending Balance*, 06/30/23 8,011,743$ 1,447,918$ (2,234,286)$ (1,293,332)$ 26,282,041$ (13,698,697)$ 5,233,846$ 23,749,233$ *Unaudited SCHEDULE G.1 PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) FY 22/23 ACTIVITY Page 49 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CIP EXPENDITURES: Project Actual Total Appropriation % Of Project Future Initially PROJECT DESCRIPTION Expenditures as of 6/30/23 Funded by PFDIF Appropriations Scheduled SAF0169 Millenia Fire Station - 354,953 1 - 2006 GGV0244 Civic Center Library Outdoor Deck - 1,996,116 83.0%- 2015 GGV0267 Cinematic Arts Academic & Library 1,647,631 96,413,391 33.0%- 2023 TOTAL:1,647,631$ 98,764,460$ -$ FY 22/23 ACTIVITY SCHEDULE G.2 PUBLIC FACILITIES DEVELOPMENT IMPACT FEES (PFDIF) Page 50 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FEE DESCRIPTION:In lieu fee for providing neighborhood and community park sites and facilities. Aquisition Development Total Areas East of I-805 Fee Fee Fee FEE AMOUNT:$12,676 $9,351 $22,027 per single family dwelling unit $9,408 $6,940 $16,348 per multi-family dwelling unit $5,932 $4,376 $10,308 per mobile home dwelling unit Areas West of I-805 FEE AMOUNT:$4,994 $9,351 $14,345 per single family dwelling unit $3,707 $6,940 $10,647 per multi-family dwelling unit $2,337 $4,376 $6,713 per mobile home dwelling unit FY 22/23 BALANCE INFORMATION *:FUND 715 FUND 716 PAD FUND WPAD FUND Beginning Balance, 07/01/22 51,169,794 (6,618,197) Revenues Park Dedication Fees 457,543 201,180 Interest Earned 824,270 70,881 Total Revenues 1,281,813 272,061 Expenditures Other Expenditures (20,960) (191,751) Total Expenditures (20,960) (191,751) Ending Balance*, 06/30/2023 52,430,647$ (6,537,887)$ *Unaudited ATTACHMENT 2 PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) FY 22/23 ACTIVITY Page 51 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 CIP EXPENDITURES: Project Actual Total Appropriation % Of Project Future Initially PROJECT DESCRIPTION Expenditures at 6/30/23 Funded by PAD Appropriations Scheduled REC0261 Otay Ranch Community Park -$ 1,654,745$ 100.0%-$ 2008 TOTAL:-$ 1,654,745$ FY 22/23 INTERFUND LOAN INFORMATION: Oustanding Description of Loan:Loan Amount Advance from Eastern PAD Fund to Western PAD Fund affirmed and consolidated via Council Resolution No. 2015-034 on February 17, 2015 $10,232,898 FY 22/23 ACTIVITY ATTACHMENT 2.1 PARKLAND ACQUISITION AND DEVELOPMENT (PAD FEES) Page 52 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda For the enlargement of sewer facilities of the City so as to enhance efficiency of utilization and/or adequacy of capacity and for planning and/or evaluating any future proposals for area wide sewage treatment and or water reclamation systems or facilities. FEE AMOUNT:4,361$ per equivalent dwelling unit (EDU) FY 21/22 CASH BALANCE INFORMATION *: FUND 413 TRUNK SEWER (TS) Beginning Cash Balance, 07/01/22 75,246,398 Revenues Interest Earned 1,871,616 Sewerage Facility Participant Fees 3,519,065 Donations 5,984,987 Transfer In 7,806 Total Revenues 11,383,474 Expenditures CIP Project Expenditures (3,284,848) Transfers Out (28,767) Other Expenditures (8,937) Total Expenditures (3,322,552) Net Balance Sheet Activity (6,132,257) Ending Cash Balance*, 06/30/23 77,175,064$ *Unaudited ATTACHMENT 3 FEE DESCRIPTION: TRUNK SEWER CAPITAL RESERVE FY 22/23 ACTIVITY Page 53 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda FY 22/23 EXPENDITURES: % Of Project Project Actual Total Approp.Funded by Future Initially PROJECT DESCRIPTION Expenditures at 6/30/23 Trunk Sewer Appropriations Scheduled SWR0272 Moss St SwrImprv @Railrd Crsng -$ 600,000$ 13.9%-$ 2012 SWR0274 East H St Sewer Main Upsize 3,341 1,500,000 99.6%- 2013 SWR0275 Reline Force Mn @G St Pump Stn 247,526 1,666,754 100.0%6,381,760 2013 SWR0290 TlgrphCyn BsnSwr Imprv5th&I-5 2,601 950,000 100.0%- 2014 SWR0291 J St Junction Box Swr Study 12,622 1,900,000 5.2%- 2015 SWR0292 Indtrl Blvd &Main St Swr Imprv - 766,000 29.8%- 2016 SWR0321 RIDA Bayfront Sewer Improvements 3,018,759 4,426,000 73.0%- 2019 TOTAL:3,284,848$ 11,808,754$ 6,381,760$ FY 22/23 INTERFUND LOAN INFORMATION: Oustanding Description of Loan:Loan Amount $18,174,656 Advance to Salt Creek Sewer DIF affirmed and consolidate via Council Resolution No. 2015-029 on February 17,2015 SCHEDULE 3.1 TRUNK SEWER CAPITAL RESERVE FY 22/23 REVENUES AND EXPENDITURES Page 54 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Agreement: Approve the Springhill Suites Hotel Development Impact and Sewer Capacity Fee Deferral Agreement Report Number: 23-0216 Location: 870 District Place Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the Agreement for Deferral of Development Impact and Sewer Capacity Fees for the Springhill Suites Hotel. SUMMARY Eastlake Hospitality Ventures LLC (the “Owner”) is developing a 179-room Marriott Springhill Suites hotel in the Eastlake Business Center II Sectional Planning Area, located at 870 District Place. Once operational, it is anticipated that the project will provide various economic development and fiscal benefits, including the creation of jobs, generation of significant recurring annual transient occupancy taxes to the City (estimated to be $1.2 million to $1.5 million per year), and development of visitor accommodations and amenities. To facilitate project development, staff is recommending the deferral of $2,243,343.10 in sewer capacity fees, transportation development impact fees, and public facilities development impact fees for a four-year period at an annual interest rate of 3.5%. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the 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 Page 55 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The 179-room Springhill Suites by Marriott hotel will be located at 870 District Place (formerly called Showroom Place), north of Otay Lakes Road and west of Hunte Parkway. The City issued a building permit for the project in October 2022 and project construction is nearly complete. The applicant has indicated that they plan to apply for a Temporary Certificate of Occupancy before the end of the current calendar year, with a final Certificate of Occupancy tentatively scheduled for early 2024. This hotel is expected to provide economic development and fiscal benefits, including the creation of an estimated 40 full-time and 11 part-time jobs, generation of significant recurring annual Transient Occupancy Tax (“TOT”) revenues to the City; and development of visitor accommodations and amenities. Based on the projected 2024 average room rate and occupancy data reflecting opening year estimates provided by the applicant, the hotel is estimated to generate between $1.2 million and $1.5 million per year in TOT. Deferral of the fees will facilitate development of the hotel project and enable its attendant employment, visitor, and public benefits. The following fees for the hotel project would typically be due upon the call for final inspection prior to the issuance of a Certificate of Occupancy for the project: Eastern Transportation Development Impact Fee (“ETDIF”). This fee was established by the City in 1988 pursuant to the Mitigation Fee Act (California Government Code Section 66000) to fund transportation improvements necessary to accommodate projected growth in the area east of I-805. As described in Master Fee Schedule Fee Bulletin 16-100, this fee is charged based on daily traffic generation. The ETDIF fee for this project is $1,763,417.79. Public Facilities Development Impact Fee (“PFDIF). Established in 2006, the PFDIF is also a Mitigation Fee Act fee. This fee is charged based on gross acre for nonresidential uses, and the PFDIF fee for the hotel project is $111,570.25. Sewer Capacity Fee. This fee was established in 1985 by Ordinance No. 2107 to purchase capacity from the City of San Diego Metropolitan Wastewater Department to transmit and treat wastewater from Chula Vista. (Unlike ETDIF and PFDIF, the Sewer Capacity fee was not established under the Mitigation Fee Act.) The Sewer Capacity Fee for the project, which is based on the number of hotel rooms and the number and type of sewer fixture units (i.e., showers, sinks, toilets, etc.), is $368,355.06. The Chula Vista Municipal Code (“CVMC”) provides for fee deferral incentives for hotel and motel projects. Specifically, CVMC sections 3.50.160.D and 3.54.160.F.1 include requirements and procedures for the hotel/motel project deferral of PFDIF and ETDIF fees, respectively, which deferrals can be approved at the discretion of the City Manager. The City is separately authorized to defer Sewer Capacity Fees pursuant to its general Charter City authority and its general police powers authority to act in the public interest. Further, CVMC 3.45 requires the City to adopt a Master Fee Schedule, which Schedule gives to the City Council Page 56 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 authority to waive or defer fees, and to impose terms and conditions as may be deemed appropriate for such actions. The Agreement for the Deferral of Development Impact and Sewer Capacity Fees would defer the principal amount of $2,243,343.10 for four years and would charge an annual simple interest rate of 3.5%. The Owner’s obligation to repay the principal and interest is evidenced in a promissory note executed by the owner in favor of the City, and the promissory note is secured by a first priority pledge of a bank account or brokerage account, whose minimum balance shall be maintained at a level no less than the principal amount described above or, alternatively, shall be secured by a deed of trust to be recorded against the property. Although ETDIF and PFDIF fees may be deferred at the discretion of the City Manager, staff is requesting City Council consideration of all deferred fees for the hotel development to expedite the review and approval process for the Agreement and to support efficient management and administration of the fee deferrals. 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 There is no current year fiscal impact to the General Fund or Development Services Fund as a result of this action. This action would result in a temporary deferral of revenues from ETDIF, PFDIF and the Sewer Capacity Fee in the current fiscal year in the amount of $2,243,343.10, which total amount, with interest, shall be paid in full to the City in no more than four (4) years. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. Under the terms of the Agreement, the principal amount and interest would be due and payable four years from the date of the Temporary Certificate of Occupancy. Based on the current schedule, the deferred amount would be repaid with interest in Fiscal Year 2028. ATTACHMENTS 1. Agreement for Deferral of Development Impact and Sewer Capacity Fees Staff Contact: Scott Barker, Transportation Engineer Laura C. Black, AICP, Director of Development Services Page 57 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1 RECORDING REQUESTED BY: City of Chula Vista AND WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: City of Chula Vista – City Clerk 276 Fourth Avenue Chula Vista, CA 91910 WITH COPIES TO: Eastlake Hospitality Ventures LLC Attn: Roberto Brutocao, President 6 Venture, Suite 100 Irvine, CA 92618 Burnett & Lesko LLP Attn: Michael W. Burnett 7321 Veering Circle Huntington Beach, CA 92648 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY APN: 595-710-21-00 AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT AND SEWER CAPACITY FEES This AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT AND SEWER CAPACITY FEES (“Agreement”), is made and entered into as of the ___ day of ________, 2023, by and between the City of Chula Vista, a chartered municipal corporation (the “City”), and Eastlake Hospitality Ventures LLC, a California Limited Liability Company (“Developer” or “Borrower” and collectively with the City, the “Parties”), with reference to the below Recitals and terms. RECITALS A. Developer (and/or its affiliates) owns, in fee simple, the real property generally known as 870 District Place, Chula Vista, California, 91914 (APN 595-710-21-00), as described in the attached Exhibit “A,” which is incorporated herein (the “Property”). B. The City has received an application from Developer related to the proposed development of a 179-room hotel project on the Property (the “Project”). Page 58 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2 C. The Project will further the desired objectives and goals of the City to facilitate development of a hotel within the eastern portion of the City thereby offering a significant benefit to the public within the surrounding area. D. As authorized by California Government Code section 66000, et seq., the City imposes development impact fees in connection with the approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. E. It is anticipated that the Project will impact the public facilities of the City, and the Parties wish to ensure that the burdens of the Project and required impact fees correspond proportionately to the impact on the City. F. Developer has pursued numerous financing sources to finance the Project, and has obtained the requisite financing to commence and complete the Project, but requires assistance from the City to defray payment of some components of the development costs to make the Project fiscally feasible. G. The City conditions of approval of the Project, inter alia, required the payment by Developer of the Eastern Transportation Development Impact Fee, the Public Facilities Development Impact Fee pursuant to Chula Vista Municipal Code chapters 3.54 and 3.50, et seq. and Sewer Capacity Fees in the sum of Three Hundred Sixty-Eight Thousand Three Hundred Fifty- Five dollars and Six cents (368,355.06), which are fees payable for the Project (collectively, the “Fees”). H. Developer has requested and the City agrees to defer payment of the Fees, estimated to be Two Million Two Hundred Forty-Three Thousand Three Hundred Forty-Three dollars and Ten cents ($2,243,343.10) for a time, as provided in this Agreement and assessed as further described in Section 2 below. AGREEMENT NOW THEREFORE, in consideration of the above Recitals and for good and valuable consideration the receipt and sufficiency of which the Parties hereby acknowledge, Developer and the City agree as follows: 1. Acknowledgments. The Parties hereby certify that the above Recitals are true and correct, which are incorporated herein by this reference. Page 59 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 3 2. Terms of Payment. Developer will pay the total Fees in the sum of Two Million Two Hundred Forty-Three Thousand Three Hundred Forty-Three dollars and Ten cents ($2,243,343.10), plus any and all accrued interests as discussed in this Agreement, and subject to potential reduction of the ETDIF Fees pursuant to Section 2.3 below. Developer’s obligation to make such payment shall be evidenced by a promissory note (“Note”) executed by Developer in favor of the City, in the form attached hereto as Exhibit “B.” 2.1. Developer shall execute and deliver the Note to the City concurrently with its execution of this Agreement. 2.2. Full payment and satisfaction of the Fees, together with all accrued interest, shall be deferred for forty-eight (48) months (the “Deferral Period”) from the date of the issuance by the City of a final Certificate of Occupancy (the “Certificate of Occupancy”) for the Project (“Effective Date”). 2.3 The total principal sum of the Fees consists, in part, of the estimated Eastern Transportation Development Impact Fee (“ETDIF”). Final determination of the total amount of ETDIF Fees will be based on a traffic study that the Developer shall pay for, have prepared, and submitted for approval to the City’s Director of Development Services after the Project has stabilized, but no later than the fourth year from the Effective Date. Developer and City hereby agree that final ETDIF Fees shall be the lesser of: (i) the trip generation determined in the traffic study and the rates in effect at the time of payment (ii) or One Million Seven Hundred and Sixty Three Thousand, Four Hundred and Seventeen Dollars and Seventy Nine Cents ($1,763,417.79), the fees assessed at time of Agreement execution, which shall also bear interest at the rate of three and one-half percent (3.5%) per annum. Failure to submit such traffic study and obtain the City’s approval prior to the expiration of the Deferral Period shall result in the entire and total principal sum of Fees, together with all accrued interest, as assessed herein being imposed and become immediately due and payable. 2.4 The total principal sum of the Fees also consists, in part, of the Public Facilities Development Impact Fee (“PFDIF”). Developer and City hereby agree that the PFDIF Fees shall be One Hundred and Eleven Thousand, Five Hundred and Seventy Dollars and Twenty Five Cents ($111,570.25) and the PFDIF Fees shall also bear interest at the rate of three and one-half percent (3.5%) per annum. The total principal sum of the Fees also consists, in part, of the Sewer Capacity Fee (“SCF”). Developer and City hereby agree that the SCF Fees shall be Three Hundred Sixty- Eight Thousand Three Hundred Fifty-Five dollars and Six cents (368,355.06) and the SCF Fees shall also bear interest at the rate of three and one-half percent (3.5%) per annum. 2.5. Interest shall begin to accrue as of the Effective Date. 2.6. The total outstanding amount of the Fees, together with all accrued interest, shall become immediately due and payable if Developer transfers the Project and/or Property to any other Page 60 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 4 party without the reasonable advance written notice to the City and without the City’s express written consent to such transfer. The Developer and any potential transferee shall timely provide the City with documentation satisfactory to the City Manager or designee showing that the other party (the “Transferee”) is fully capable of timely and fully assuming, and fully and timely assumes, all obligations of the Developer with regards to the Project including the obligation to pay the total outstanding balance of the Fees, together with all accrued interest, as provided herein, including, without limitation, the provision of appropriate security acceptable to the City as evidenced in writing by the Transferee. Developer shall notify the City in writing thirty (30) calendar days prior to transferring the Project and/or Property to the Transferee evidencing that the Transferee will assume all obligations of the Developer with regards to the Project including the obligation to pay the outstanding balance of the deferred fees pursuant to this section. The City shall, in its discretion, determine whether to consent or not to the transfer or assignment to a potential Transferee of all obligations of Developer relating to the Project and to this Agreement. 2.7. Developer may prepay the outstanding balance of the Note, together with all accrued interest, in whole or in part at any time without penalty. 3. Security. The Note representing the obligation to pay the Fees shall be secured by a deed of trust against the Property (“Trust Deed”), in the form attached hereto as Exhibit “C,” or, in the alternative, by a first priority pledge of a bank account or brokerage account in amount, form and content acceptable to the City in its sole discretion (“Alternative Security”, which is attached hereto as Exhibit “D”). The Alternative Security pledged brokerage account balance shall be continuously maintained by Developer in an amount not less than the minimum principal amount of Two Million Two Hundred Forty-Three Thousand Three Hundred Forty-Three dollars and Ten cents ($2,243,343.10) (such amount, the “Alternative Security Minimum Balance”), which is the total amount of all deferred Fees relating to the Project. Pursuant to Section 5 of the Alternative Security, the City as the Secured Party is to receive monthly account statements and trade confirmations that show the then current balance in the Alternative Security pledged brokerage account. If for any reason the City does not receive such statements in a timely manner, then upon written request from the City, Developer shall forthwith provide the City with copies of such monthly account statements. If the balance in the Alternative Security pledged brokerage account falls below the Alternative Security Minimum Balance, then Developer shall timely deposit additional funds in the account to bring the fund amount to at or above the Alternative Security Minimum Balance. Failure of the Developer to maintain the first priority pledged brokerage account at or above the Alternative Security Minimum Balance or failure to provide monthly account statements as provided above shall entitle the City to record this Agreement and the Trust Deed. Further, Developer shall have the right to cause the Alternative Security to be released by causing the Trust Deed and this Agreement to be recorded. For the avoidance of doubt, this Agreement and the Trust Deed shall not be recorded by the City if the Alternative Security is approved by the City. The Trust Deed shall be subordinate to all voluntary liens now or hereafter in favor of financing lenders for the Property. Developer agrees that at no time after the Effective Date will the principal Page 61 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 5 balance of the Note, together with accrued interest, exceed five percent (5.00%) of the stabilized value of the Property, as developed with the Project, as determined by an appraiser as of the Effective Date. If the City requests in writing, Developer shall timely provide the City with a full copy the appraisal relating to stabilized value of the Property within ninety (90) days after the Effective Date. The City shall, in its discretion, determine whether or not to accept the appraised value of the Property identified in the appraisal. 4. Reserved. 5. Reserved. 6 Remedies. In order to enforce Developer’s obligations under the terms of this Agreement or the Note, the City shall be entitled to pursue any and all remedies provided at law or in equity, including, without limitation, any and all remedies provided under the Note, the Alternative Security, if applicable, and the Trust Deed, as applicable. Without limiting the generality of the foregoing, in the event of a default by Developer of its obligations hereunder, after reasonable notice and opportunity to cure such default, the City shall have the right to accelerate the debt owed under the Note and pursue collection of the Fees, together with all accrued interest, directly from Developer. All such remedies shall be cumulative and non-exclusive. Notwithstanding the foregoing, Developer shall have no further obligations or liabilities under this Agreement and the Note upon an assignment or transfer of the Project consented to in writing by the City. 7. Indemnification. To the maximum extent allowed by law, Developer shall fully and timely defend, indemnify, protect and hold harmless the City, its elected and appointed officers, agents, counsel, volunteers, and employees (collectively the “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorney’s fees and actual costs), liability, loss, damage or injury, in law or equit y, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Developer, its officials, officers, employees, agents, contractors, and subcontractors arising out of or in connection with this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the gross negligence or willful misconduct of the Indemnified Parties. The Indemnity obligations of this Section 7 shall survive termination of this Agreement. 8. Reserved. 9. Agreement Runs with the Land. The burden of the covenants contained in this Agreement is for the benefit of the Property and the City, its successors and assigns and any successor in interest and thereby run with the land. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of protecting the interest of the community. This Page 62 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 6 Agreement shall be released from the Property when all Fees, together with all accrued interest, are paid in full. Upon the request of Developer or its successors in interest, City shall execute an appropriate document for recording evidencing such release. 10. Miscellaneous Provisions. 10.1. Authority. Each of the signatories to this Agreement warrants and represents that he or she is competent and authorized to enter this Agreement on behalf of the Party for whom he or she purports to sign. 10.2. Notices. Any and all notices or other communications made pursuant to this Agreement shall be given in writing and delivered by Federal Express and email, which shall be addressed as follows: If to City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager’s Office mkachadoorian@chulavistaca.gov With a copy to: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney’s Office jsm@lfap.com If to Developer: Eastlake Hospitality Ventures LLC Attn: Roberto Brutocao, President 6 Venture, Suite 100 Irvine, CA 92618 Rbrutocao@gmail.com With a copy to: Burnett & Lesko LLP Attn: Michael W. Burnett 7321 Veering Circle Huntington Beach, CA 92648 mwb@burnettandlesko.com Notices shall be deemed delivered upon receipt by personal service or as of the second (2nd) business day after deposit with Federal Express. Page 63 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 7 10.3. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. 10.4. Allocation of Legal Expenses. Each Party shall bear its own costs relative to any costs or expenses incurred in compliance with, or in the drafting or negotiation of, and the approval process, of this Agreement. 10.5. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect and are intended to be replaced in total by this Agreement. Each Party warrants and represents that no representative of any other Party has made any oral representation or oral agreements not contain ed in this Agreement. Each party further warrants and represents that it has not relied upon any oral statements or promises made by any representatives of any other Party to this Agreement in executing this Agreement. 10.6. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a Party or its attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both Parties participated equally in the preparation and/or drafting of this Agreement. 10.7. Reserved. 10.8. Governing Law. This Agreement shall be subject to and governed by the laws of the State of California, without regard to conflict of law rules. 10.9. Severability. In the event that any provision of this Agreement is declared by any court of competent jurisdiction or any administrative judge to be void or otherwise invalid, all of the other terms, conditions and provisions of this Agreement shall remain in full force and effect to the same extent as if that part declared void or invalid had never been incorporated in the Agreement and in such form, the remainder of the Agreement shall continue to be binding upon the Parties. 10.10. Counterparts. This Agreement may be signed and executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one Agreement. Delivery of an executed counterpart of a signature page of this Agreement by facsimile or email shall be effective as delivery of an originally executed coun terpart of this Agreement. 10.11. Time of the Essence. Time is of the essence in the performance of the Parties’ obligations contained herein. Page 64 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 8 10.12. Waiver. A failure of a Party to enforce strictly a provision of this Agreement shall in no event be considered a waiver of any Party of such provision. No waiver by a Party of any breach or default by the other Party shall operate as a waiver of any succeeding breach or other default or breach by such other Party. 10.13. Further Acts. In addition to the acts recited in this Agreement, the Parties agree to perform, or cause to be performed on the date of this Agreement, or thereafter, any and all such further acts as may be reasonably necessary to consummate the transactions contemplated hereby. Each of the Parties agrees that it will execute and deliver all such documents and instruments as may be necessary and appropriate to effectuate the terms of this Agreement. [SIGNATURE PAGE TO FOLLOW] Page 65 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 9 IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the date first written above. Eastlake Hospitality Ventures LLC a California Limited Liability Company By: ______________________________ Name: Roberto Brutocao Title: President CITY OF CHULA VISTA a chartered municipal corporation By: ______________________________ Name: ______________________________ Title: ______________________________ ATTEST: By: ______________________________ Name: Kerry K. Bigelow, MMC Title: City Clerk APPROVED AS TO FORM: By: ______________________________ Name: Jill D.S. Maland Title: Lounsbery Ferguson Altona and Peak, LLP, Acting City Attorney * Corporate Authority required for Signatory Page 66 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 10 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) On , 2023 before me, , Notary Public, personally appeared Roberto Brutocao, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (SEAL) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which the certificate is attached, and not the truthfulness, accuracy, or validity of that document. Page 67 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR DEFERRAL OF DEVELOPMENT IMPACT AND SEWER CAPACITY FEES FOR SPRINGHILL SUITES HOTEL BETWEEN THE CITY AND EASTLAKE HOSPITALITY VENTURES LLC WHEREAS, Eastlake Hospitality Ventures LLC is developing a 179-room Springhill Suites Hotel at 870 District Place (the “Project”) at 870 District Place; and WHEREAS, the Project will be of public benefit by providing new, amenitized visitor accommodations, creating jobs, and generating significant recurring annual Transient Occupancy Tax revenues to the City; and WHEREAS, Chula Vista Municipal Code Sections 3.50.160 and 3.54.160 provide for fee deferral incentives regarding Eastern Transportation Development Impact Fees and Public Facilities Development Impact Fees for hotel and motel projects; and WHEREAS, the City of Chula Vista is separately authorized to defer Sewer Capacity Fees pursuant to its general Charter City authority and its general police powers authority to act in the public interest. Further, CVMC 3.45 requires the City to adopt a Master Fee Schedule, which Schedule gives the City Council authority to waive or defer fees, and to impose terms and conditions as may be deemed appropriate for such actions; and WHEREAS, the proposed Agreement for Deferral of Development Impact and Sewer Capacity Fees (the “Agreement”) provides fee deferral incentives to the Project by allowing for deferral of $2,243,343.10 in Eastern Transportation Development Impact Fees, Public Facilities Development Impact Fees, and Sewer Capacity Fees for no more than four (4) years. Deferral of the fees will facilitate development of the Project and enable its attendant employment, visitor, and public benefits; and WHEREAS, the terms of the Agreement include interest accrual at a fair market rate of three and one half percent (3.5%) per annum, with the principal and all interest accrued thereon, due and payable forty-eight (48) months from the issuance of the Certificate of Occupancy for the Project, with the obligation to repay evidenced by a promissory note is secured by a first priority pledge of a bank account or brokerage account, whose minimum balance shall be maintained at a level no less than the principal amount of deferred fees described above, or, alternatively, by a deed of trust to be recorded against the property; and WHEREAS City staff recommends approval of the Agreement for Deferral of Development Impact and Sewer Capacity Fees for the Springhill Suites Hotel Project; and Page 68 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 WHEREAS the City Clerk set the time and place for the City Council to consider the Agreement for Deferral of Development Impact and Sewer Capacity Fees for the Springhill Suites Hotel Project, and notice of the consideration of the matter, 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 Agreement for Deferral of Development Impact and Sewer Capacity Fees for the Springhill Suites Hotel 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 Agreement for Deferral of Development Impact and Sewer Capacity Fees, between the City and Eastlake Hospitality Ventures LLC, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by 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 69 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Grant Award and Appropriation: Authorize a Grant Application and Accept Grant Funds from the California State Library for the Building Forward Library Facilities Improvement Program Civic and South Library Capital Project and Appropriate Funds Report Number:23-0321 Location: Civic Library: 365 F Street, South Library: 389 Orange Ave. Department: Community Services G.C. § 84308: No 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 $19,470,000 in grant funds, and amend Fiscal Year 2023/24 budget by appropriating said funds to the Library section of the State Grants Fund for the Building Forward Program. (4/5 Vote Required) SUMMARY The City of Chula Vista Library System (Library) was recently awarded $19.47 million in state grants fund through the Building Forward Library Facilities Improvement Program. The Civic Library and South Library were each awarded $9.74 million in grant funds. The funds are expected by March 2024 and the projects must be completed by the year 2027. The Building Forward Program is the largest single investment made by the state in California’s public libraries. The equity-based grant program helps pay for capital projects for public library buildings that address critical maintenance needs, improve energy efficiency and sustainability, extend digital access, and expand physical access to library facilities. The City of Chula Vista Civic and South Library were approved to receive a total of $19,470,000 intended to fund the following project outputs and related activities: Page 70 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 1. Heating, Ventilation, and Air Conditioning (HVAC) Replacement 2. Electrical Upgrades 3. Elevator Replacement 4. Interior and Exterior Paint and Stucco 5. Flooring 6. Lighting 7. Asbestos Abatement 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© (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 library has worked with its community groups such as the Library Foundation, Board of Library Trustees, and the Friends of the Library. The library has also worked with the community group that assessed all city facilities for deferred maintenance needs and prioritized the needs for each city facility. The library also hosted a Strategic Visioning Workshop in 2014 to address the future needs of the Chula Vista Libraries. The library's current need is to address critical maintenance such as: 1) HVAC replacement: the current HVAC is failing to heat and cool the building which no longer allows us to be a cool zone to the community during the summer and continues to fail despite past repairs. The system is no longer sufficient for the building capacity. 2) Electrical system at the Civic Center Branch: the current electrical system from 1976 is failing and can no longer hold the threshold of electronic devices. 3) Interior and Exterior Paint: The library needs new painting 4) Stucco: External stucco is crumbling. 5) Flooring at the South Branch: Carpet tiles are threadbare. 6)Elevator replacement at the Civic Branch: Elevator is original to the building and has been cited by inspectors for replacement. 7) Lighting at Civic and South Branches: the lighting fixtures are original and need replacement. 8) Auditorium and Conference room AV systems at the Civic Branch: these systems have failed and need replacement. 9) Asbestos Abatement at the Civic Branch: the library still has areas that need asbestos abatement from the original 1976 construction. Through all these changes, the library would be modernized and continue to serve the community needs of the present and future Chula Vista community members. By addressing these long overdue critical Page 71 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 maintenance needs, the library would continue to be the hub for the community by providing access and experience of place, both physically and digitally, enhance a social forum that creates community connections, and diversify access by continuing to adapt to meet the evolving needs as the essential community service. 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 Council Members, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of $19,470,000 to the Library section of the State Grants Fund for Building Forward Program, including $9,735,000 to the Chula Vista Civic Library Project (GGV0271) and $9,735,000 to the South Library Project (GGV0272). The funding will offset the cost of the capital projects, resulting in no net fiscal impact. Funds for staff time have already been included in the Library’s fiscal year 2024 budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of accepting these grant funds. ATTACHMENTS None Staff Contact: Joy Whatley, Deputy Director of Community Services Barbara Locci, Management Analyst II Page 72 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE GRANT APPLICATION, ACCEPTANCE, AND EXECUTION OF THE GRANT FUNDS FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2022 (AB 178) OR THE STATE OF CALIFORNIA BUDGET ACT OF 2023 (SB 101) AND APPROPRIATING THE FUNDS FOR THE BUILDING FORWARD CIVIC AND SOUTH LIBRARY PROGRAM WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governin g board either before submission of said application to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee will enter into an agreement with the State of California to carry out the project; and WHEREAS, the City of Chula Vista proposed to implement the grant for the Building Forward Civic and South Library Project; and WHEREAS, the City of Chula Vista has the legal authority and is authorized to enter into a funding agreement with the State of California; and WHEREAS, the City of Chula Vista intends to receive grant funding from the California State Library for the Building Forward Civic and South Library Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, with acknowledgement of the Council, as follows: 1. Pursuant and subject to all of the terms and provisions of the California Budget Act of 2022 or the California Budget Act of 2023 the City Manager of the City of Chula Vista, is hereby authorized and directed to prepare and file required documents related to grant funding with the California State Library and take such other actions necessary or appropriate to obtain grant funding. 2. The City Manager of the City of Chula Vista, is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto. Page 73 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 3. The City Manager of the City of Chula Vista, is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding. 4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts a total of $19,470,000 from the California State Library and appropriates said funds to the Library Section of the State Grants Fund for the Building Forward Civic Library Project (GGV0271) in the amount of $9,735,000, and the South Library Capital Projects (GGV0272) in the amount of $9,735,000 for a total of $19,470,000 in appropriations. Presented by Approved as to form by Joy Whatley Jill D.S. Maland Deputy Director of Community Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 74 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Agreement Extension: Approve an Amendment to Extend the Alternative Dispute Resolution Agreement Between the City and the Chula Vista Police Officer’s Association Report Number: 23-0324 Location: No specific geographic location Department: Human Resources G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving an amendment to extend the Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year. SUMMARY On December 1, 2020, the City Council adopted a Memorandum of Understanding with the Chula Vista Police Officer’s Association (CVPOA) and approved the Alternative Dispute Resolution (ADR) Agreement, establishing an ADR pilot program for one year. On March 1, 2022, the City Council extended the ADR through January 12, 2023. On January 17, 2023, the City Council extended the ADR through January 12, 2024. Staff is requesting approval of an extension of the program for an additional year to January 12, 2025. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 75 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 DISCUSSION In February 2019, the CVPOA approached the City requesting the implementation of a Workers’ Compensation ADR program for claims made by the City’s sworn police personnel. On March 17, 2020, City Council approved and authorized the addition of 0.50 full-time equivalent (FTE) in the Human Resources Department to develop, implement, and administer the ADR pilot program. On December 1, 2020, the City Council adopted a Memorandum of Understanding with the CVPOA and approved the ADR Agreement, establishing an ADR pilot program for one year. On March 1, 2022, the City Council extended the ADR through January 12, 2023. On January 17, 2023, the City Council extended the ADR through January 12, 2024. Staff is requesting approval of a third extension of the program for an additional year extending the program to January 12, 2025. 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 total cost of the one-year extension of the ADR agreement is $19,500. This is split between fiscal year 2023-24 ($9,500) and fiscal year 2024-25 ($10,000). Costs for fiscal year 2023-24 are included in the City’s Workers’ Compensation Administrator (Intercare) contract. There is no additional current year fiscal impact to the General Fund or City’s Workers’ Compensation Fund as a result of this action. ONGOING FISCAL IMPACT The $10,000 cost for the one-year extension of the ADR agreement will be included in the fiscal year 2024- 25 annual budget of the City’s Workers’ Compensation Fund ATTACHMENTS 1. Alternative Dispute Resolution Agreement between the City of Chula Vista and the Chula Vista Police Officer's Association Dated December 7, 2020 2. Third Amendment to Labor Management Workers’ Compensation Alternative Dispute Resolution Agreement Between the City of Chula Vista and the Chula Vista Police Officer's Association Staff Contact: Tanya Tomlinson, Assistant Director of Human Resources Page 76 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO EXTEND THE ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER’S ASSOCIATION WHEREAS, in February 2019, the Chula Vista Police Officer’s Association (CVPOA) approached the City requesting the City implement a Workers’ Compensation Alternative Dispute Resolution (ADR) for claims made by the City’s sworn police personnel; and WHEREAS, on March 17, 2020 Council approved and authorized the addition of 0.50 full- time equivalent (FTE) in the Human Resources Department to develop, implement, and administer the ADR pilot program; and WHEREAS, on December 1, 2020, the City Council adopted a Memorandum of Understanding with the CVPOA and approved the ADR Agreement, establishing an ADR pilot program for one year; and WHEREAS, on March 1, 2022, the City Council adopted the First Amendment to the Memorandum of Understanding with the CVPOA and approved the extension of the ADR Agreement to January 12, 2023; and WHEREAS, on January 17, 2023, the City Council adopted the Second Amendment to the Memorandum of Understanding with the CVPOA and approved the extension of the ADR agreement to January 12, 2024; and WHEREAS, staff is requesting approval of an amendment to the agreement to extend the program for an additional year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves a third amendment to the Alternative Dispute Resolution agreement between the City of Chula Vista and the Chula Vista Police Officer’s Association for an additional year to January 12, 2025 and authorizes and directs the City Manager or their designee to execute the Third Amendment, in the form presented, with such minor modifications that may be approved by the City Manager and City Attorney. Presented by Approved as to form by Tanya Tomlinson Assistant Director of Human Resources Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 77 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 1 of 8 ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER’S ASSOCIATION This Workers' Compensation Alternative Dispute Resolution Agreement Agreement”) is entered into by and between the City of Chula Vista (“City”) and the Chula Vista Police Officer’s Association (“POA”) (collectively, “parties”). This Agreement is created pursuant to California Labor Code Section 3201.7(a)(3)(C). The Parties, after meeting and conferring in good faith, hereby agree to the following: Nothing in this Agreement diminishes the entitlement of a covered employee to compensation payments for total or partial permanent disability, total or partial temporary disability, or medical treatment fully paid by the employer as otherwise provided for in Division 4 of the California Labor Code (“Workers’ Compensation Law”), nor to California Labor Code Section 4850 benefits. Nothing in this Agreement denies to any covered employee or the City the right to representation by counsel at all stages during this alternative dispute resolution process. Article I: Purpose/Joint Labor Management Committee A. The purpose of the Agreement is to provide Covered Employees, as defined in Article III, paragraph A below, claiming compensable injuries under Workers’ Compensation Law, with an alternative dispute resolution process with the intent of expeditiously resolving disputes. This purpose will be achieved by utilizing an exclusive list of agreed-upon medical providers (“Independent Medical Evaluators” or “IMEs”) to be the sole and exclusive source of medical evaluations for disputed issues surrounding covered employees in accordance with California Labor Code Section 3201.7(a)(3)(C). B. The City and POA agree to form a Joint Labor Management Committee JLMC”). This committee will be comprised of two (2)to three (3) City staff members to be determined and designated City in writing to the POA by the Human Resources Director and two (2) to three (3) POA representatives to be determined and designated in writing to the City by the POA President. The purpose of the JLMC is to develop and maintain a list of the exclusive Independent Medical Examiners, develop policy and procedures of the Alternative Dispute Resolution program; to review implementation and the progress of the program and address any issues at time frames agreed to by the committee; and to ensure that the program terms and conditions are administered in harmony with this Agreement. Additionally, the JLMC shall quarterly and prior to the termination of this Agreement review claims data for claims administered prior to the implementation of DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A R-2020-262ACN #2020-143 Page 78 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 2 of 8 this Agreement with claims data for claims administered under the provisions of this Agreement to examine the effectiveness of this program. Article II: Term of Agreement The parties understand that this Agreement governs a pilot program and that this Agreement shall become effective on or after January 1, 2021 after it is approved by the Chula Vista City Council, executed by the parties, submitted to the Administrative Director (“Director”) of the State of California, Department of Industrial Relations, Division of Workers’ Compensation, in accordance with Title 8, California Code of Regulations, Section 10202(d), and accepted by the Director as evidenced by the Director’s letter to the parties indicating approval of the Agreement. This Agreement shall remain in effect for one year from the date of the Director’s letter of approval to the parties. Any claim arising from an industrial injury that is covered by this Agreement and sustained before the termination of this Agreement shall continue to be covered by the terms of this Agreement, until all medical issues related to the pending claim are resolved. The parties reserve the right to terminate this Agreement during the term of this Agreement at any time for good cause, by mutual agreement, or by act of the Legislature. The terminating party must give at least 30 calendar days written notice to the other party of the intent to terminate, including an explanation of the good cause. Upon termination of this Agreement, the parties shall become fully subject to the provisions of the applicable California Labor Code provisions. Article III: Scope of Agreement A. This Agreement applies only to injuries, as defined by Workers’ Compensation Law, claimed by the following (referred to herein collectively as Covered Employees”): (1) active City employees who represented by the POA bargaining group and (2) active City employees whose classification is represented by the POA, who have filed a claim, and are in the ADR program, but subsequently retire before the claim is resolved. B. Active employees with an existing claim filed prior to the effective date of this agreement (pre-existing claim) that have not already had a medical-legal evaluation under the State’s AME/QME system may request to resolve their claim under the provisions of this agreement. Such requests should be made in writing to the City’s third-party claims administrator (TPA). The decision to accept a pre-existing claim into the alternative dispute resolution program will lie with both the City and the POA. If a request is made to utilize the alternative dispute resolution program for a pre-existing claim and that request is approved, all future disputes on said claim must be resolved according to the provisions of this agreement. Use of the alternative dispute resolution DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 79 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 3 of 8 program may not be used to relitigate previously resolved or adjudicated issues. The scope of this agreement does not apply to retirees that have a future medical dispute that is outside the five-year statute of limitations or Labor Code Section §5804. C. Injuries occurring and claims filed after termination of this Agreement are not covered by this Agreement. D. This Agreement is restricted to 1) establishing an exclusive list of IMEs to be used for medical dispute resolution of covered employees, and 2) establishing a process for informal legal discovery in accordance with Article V. For purposes of this Agreement, a “claimed injury” is one for which either a Workers’ Compensation Claim Form DWC-1 or an Application for Adjudication of Claim has been filed with the Workers’ Compensation Appeals Board (“WCAB”). Article IV: Expedited Independent Medical Evaluator Process A. This Agreement does not constitute a Medical Provider Network MPN”). However, all covered employees must utilize the City’s MPN, if applicable, for treatment purposes during the time the City maintains and utilizes the MPN. The MPN is governed by California Labor Code Section 4616 et seq and the City’s TPA will provide authorization for all initial medical treatment consultations and medical treatment consistent with the Labor Code. Physicians who act as a covered employee’s treating physician or have provided treatment to the covered employee shall not act as the IME in the covered employee’s claim. Pre-designation of a physician must comply with the requirements set forth in California Labor Code Section 4600(d)(1)-(2)(C). B. All covered employees with a disputed medical issue as described in Article IV, paragraph D below must be evaluated by an approved physician from the exclusive list of IMEs. Attached hereto as Exhibit A is the exclusive list of IMEs agreed upon by the parties. Should the covered employee claim injuries requiring more than one IME specialist, the covered employee shall be provided an IME appointment in each area of specialty, if necessary. If the IME requires the opinion of an additional sub- specialist, the IME shall advise the claims examiner, who shall then select an approved medical provider in the requested specialty from the agreed-upon IME list. The IME may not refer the covered employee to the covered employee’s treating physician for this purpose. The consulting sub-specialist’s charges are subject to the Official Medical Fee Schedule promulgated by the California Division of Workers’ Compensation administrative director. C. The exclusive list of IMEs shall include the IMEs’ respective specialties as agreed upon by the parties. If an IME for a specialty is not listed on the aforementioned list, the JLMC shall identify an IME for said specialty by mutual agreement. D. An IME shall be used for all medical disputes that arise in connection with a workers’ compensation claim including, but not limited to, determination of DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 80 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 4 of 8 causation, the nature and extent of an injury, a Rolda analysis (if applicable), the nature and extent of permanent disability and apportionment, work restrictions, ability to return to work (including transitional duty), resolution of all disputes arising from utilization review (UR), and future medical care, including the need for spinal surgery. The parties agree that the covered employee shall use the originally chosen IME for all subsequent disputes and injuries claimed arising under this Agreement. In the event that said IME is no longer available, the parties shall utilize the next specialist on the list pursuant to Article IV, paragraph I(5) below. E. The IME process described above will be triggered when either party provides the other written notice of an objection in connection with any issues set forth in Article IV, paragraph D above. A delay letter to the claim gives the covered employee the basis to file a written objection thereby triggering the IME process. A delay letter without objection, will not automatically trigger the IME process. Objections from the City shall be sent to the covered employee with a copy to the covered employee’s legal representative, if represented, and if the covered employee/legal representative gives notice to the City that the covered employee is represented. Objections from the covered employee or covered employee’s legal representative shall be sent to the covered employee’s assigned claims examiner with a copy to the City and City’s legal representative, if applicable. F. Objections shall be sent within 30 calendar days of receipt of a medical report addressing any of the issues set forth above. Delayed decisions based on legal issues shall not trigger the IME process. A subsequent acceptance of the claim and/or resolution of the disputed issue may eliminate the need for completion of the IME process set forth in this Agreement. G. The exclusive list of IMEs shall serve as the exclusive source of medical evaluations for all disputed medical issues arising from a claimed injury, unless otherwise agreed to by the parties in writing. H. The parties hereby agree that from time to time the exclusive list of IMEs may be amended. For either party to propose adding an IME to the exclusive list of IMEs, the party must provide notice, in writing, to the other party of its request to add a physician to the list. The parties must mutually agree in writing to the addition of physicians to the IME list. A physician may only be deleted from the exclusive list of IMEs if that physician breaches the terms and conditions of his/her contract with the City or by written mutual agreement of the parties. The exclusive list of IMEs shall be reviewed quarterly, or as otherwise agreed upon, by both parties for proposed additions and/or deletions of IMEs. Any physician proposed for addition or deletion after the quarterly review period will be reviewed at the next scheduled quarterly review period. I. Appointments DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 81 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 5 of 8 1.The City’s Third-Party Administrator (“TPA”) shall schedule any appointment(s) between the IME and covered employee and provide notice of the appointment(s) to the covered employee within 10 business days after the receipt of the objection and when all relevant records have been received by the TPA. The notice of the appointment shall include the location, date, and time of the appointment. 2. The covered employee shall be responsible for providing the City’s TPA with his/her work schedule prior to an appointment being made, so that appointments can be made, if possible, during a covered employee’s non- working hours. 3. Compensation for attending medical appointments under this Agreement shall be consistent with California Labor Code requirements. 4.Mileage reimbursement to covered employees shall be in accordance with California Labor Code Section 4600(e)(2) unless transportation is provided by the City. 5.For purposes of appointments, the City’s TPA shall select the IME(s) by starting with the first name listed on the exclusive list of IMEs within the appropriate specialty, and continuing down the list, in order, until the list is exhausted, at which time the City’s TPA will resume using the first name on the list. Said list of IMEs shall be organized in alphabetical order by the IMEs’ last names. IMEs that cannot meet the appointment timeframes designated in the Physician Contract shall be bypassed for the next available IME on the list. The TPA will maintain a log of the number of disputed claims, the type of disputes, the type of body part claimed, the time frames for setting IME appointments and receiving the IME report and the dispute outcomes. 6. The IME shall submit the medical reports 30 calendar days following examination of the covered employee, pursuant to the terms of the IME’s contract, unless a longer period of time is agreed to by the parties. J. The City is not liable for the cost of any medical examination used to resolve disputes governed by this Agreement where said examination is furnished by a medical provider that is not authorized by this Agreement. Medical evaluations shall not be obtained outside of this Agreement for disputes covered by this Agreement, notwithstanding California Labor Code Section 4605. K. Both parties shall be bound by the opinions and recommendations of the IME selected in accordance with the terms of this Agreement, subject to legal challenges brought by the parties, before the WCAB. L. Either party who receives records prepared or maintained by the treating physician(s), or records, either medical or nonmedical, that are relevant to the determination of the medical issue, shall serve those records on the other party immediately upon receipt. If a party objects to the provision of any nonmedical DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 82 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 6 of 8 record(s) to the IME, the party shall object within 10 calendar days of the service of record(s) to the other party. Objecting to the provision of nonmedical records may result in the denial of the claim on the basis that the IME did not have complete and accurate information. There shall be no objection to the provision of medical records to the IME, subject to the provisions of the California Labor Code. M. The City’s TPA shall provide to the IME records prepared or maintained by the covered employee’s treating physician(s) and medical and nonmedical records relevant to the determination of the medical issue(s). The City’s TPA shall prepare a list of all documents provided to the IME and shall serve a copy of the list on the covered employee and/or on his/her legal or other representative. N. All communications with the IME shall be in writing and shall be served on the opposing party. This provision does not apply to routine discussions between the covered employee and the IME during the examination but may be reported in the IME’s report. O. Ex parte communication with the IME is prohibited. If a party or their legal representative communicates with the IME in violation of paragraph N and/or O of Article IV, the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from the next IME chosen from the exclusive list of IMEs pursuant to Article IV, paragraph I(5) above. If a new examination is required, the party making the communication prohibited herein shall be liable for the cost of the initial medical evaluation. P. If either party disputes a medical finding of the IME, they shall notify the other party of this dispute by way of written objection within 14 calendar days of actual receipt of the IME’s report. All disputes of this nature shall be resolved either by way of supplemental interrogatory and report or by way of deposition. Q. If additional records are discovered either prior to the IME report or after the IME report is sent to the parties, the following procedures will be followed, subject to objection as set forth in Article IV, Paragraph L above: (1) if discovered prior to the IME report being sent to the parties, such records will be provided to the IME and the IME report will consider the records as part of the report; or (2) if discovered after the IME report is sent to the parties, such records will be provided to the IME doctor and a supplemental report will be issued with the records being considered. Article V: Discovery A. Covered employees will cooperate and provide the City’s TPA with fully executed medical, employment and concurrent employment releases, disclosure statements, and any other documents and information reasonably necessary for the City to resolve the covered employee’s claim, when requested, subject to the limitations set forth in the CCP and Labor Code. If the covered employee fails to return the executed releases and it is determined that the medical information is not sufficient for the IME to DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 83 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 7 of 8 provide a comprehensive evaluation, the parties shall meet to resolve the issue(s) within 14 calendar days prior to setting a medical evaluation. This Article does not supplant or diminish the parties’ rights to pursue or contest discovery issues pursuant to the remedies provided in the California Labor Code or by the WCAB. B. This Agreement does not preclude a formal deposition of a covered employee or IME when necessary pursuant to the right of discovery in accordance with applicable provisions of law. The need for a formal deposition may delay the scheduling of an appointment with an IME until the deposition has been completed. Attorney’s fees for depositions of covered employees shall be paid at a rate consistent with California Labor Code Section 5710. This rate of reimbursement for attorney’s fees for depositions of covered employees is subject to an annual review to determine if adjustments to said rate of reimbursement should be made. There shall be no attorney’s fees for depositions of IMEs or other physicians. The current rate will be $375/ hour. Article VII: General Provisions A. This Agreement constitutes the entire understanding of the parties and supersedes all other agreements, oral or written, with respect to the subject matter in this Agreement. B. This Agreement shall be governed and construed pursuant to the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the City of Chula Vista, State of California, or any other appropriate court in such City. C. This Agreement, including all attachments and exhibits, shall not be amended, nor any provisions waived, except in writing signed by the parties which expressly refers to this Agreement. D. If any portion of this Agreement is found to be unenforceable or illegal the remaining portions shall remain in full force and effect. E. This Agreement may be executed in counterparts. F. Notice required under this Agreement shall be provided to the parties as follows: CITY: Courtney Chase Director of Human Resources/Risk Management City of Chula Vista POA: John A. Ferrone, Esq. Adams, Ferrone & Ferrone DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A Page 84 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 8 of 8 Executed at San Diego, California. CITY OF CHULA VISTA: By: __ Date: ______________________________________ CHULA VISTA POLICE OFFICER’S ASSOCIATION: By: __ Date: ______________________________________ APPROVED AS TO FORM: By: __ City Counsel Date: ______________________________________ Courtney Chase, Director of Human Resources/Risk Management David Martinez Mary Casillas Salas, Mayor DocuSign Envelope ID: 90B12AD7-B634-4508-99CB-3DE21C03E87A 12/7/2020 12/7/2020 12/7/2020 Page 85 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda THIRD AMENDMENT TO ALTERNATIVE DISPUTE RESOLUTION AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICERS ASSOCIATION This Third Amendment (“Third Amendment’) shall amend the Alternate Dispute Resolution Agreement Between the City of Chula Vista and the Chula Vista Police Officer’s Association (the “Agreement”), effective January 1, 2021, and entered into pursuant to California Labor Code Section 3201.7(a)(3)(c). The parties to the Agreement, the City of Chula Vista and the Chula Vista Police Officers Association, desire to extend the term of the Agreement. Accordingly, the parties agree to the following: 1. The second sentence in Article II of the Agreement is amended as follows: Replace “for one year from the date of the Director’s letter of approval to the parties” with “through January 12, 2025.” 2. All other terms and conditions of the Agreement not modified by the First, Second or this Third Amendment shall remain in full force and effect. David Oyos Date President, Chula Vista POA Maria V. Kachadoorian Date City Manager Page 86 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Fee Update: Amend City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule Report Number: 23-0315 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060 (c)(3) no environmental review is required. Recommended Action Adopt resolutions amending the City-Initiated Tow License Fee and City-Initiated Tow and Storage Rate Schedule. SUMMARY On December 7, 2021, City Council approved agreements with seven companies to provide vehicle tow and impound services for City-initiated tows. Per agreement provisions, the tow license fee and tow/storage rates are subject to review and revision each year. The Police Department is requesting Council approval to update these fees for calendar year 2024. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 87 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 DISCUSSION RESOLUTION A: CITY-INITIATED TOW LICENSE FEE UPDATE California Vehicle Code Section 12110 authorizes the City to assess a Tow License Fee (TLF) in connection with an award of a franchise to tow companies for City-initiated tows “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program.” The TLF relates to staff recovery costs for requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene. The computation of the City’s TLF is detailed below: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,497 0.53 $141.59 $112,339 Community Service Officer 1,197 0.53 $69.96 $44,383 Sr Parking Enforcement Officer 631 0.53 $73.76 $24,668 Police Dispatcher 3,325 0.08 $100.50 $26,733 TOTAL $208,123 1 2-year average of calendar years 2021 and 2022 is 3,325 tows. Does not include private tows or tows during grant-funded operations Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department The proposed Tow License Fee for 2024 is $208,123. This amount is $18,922 higher than the 2023 TLF of $189,201. The amount is higher because of increases in police-initiated tows, along with increased fully burdened hourly rates. The TLF is apportioned equally among the City’s seven (7) contracted providers for tow services and is billed in quarterly installments. The City re-calculates and revises the TLF every year using the same methodology. RESOLUTION B: CITY-INITIATED TOW AND STORAGE RATE UPDATE The chart below provides a complete schedule of all charges and fees that the City’s tow contractors are authorized to collect from consumers for City-initiated tow and impound services. Service 2023 Current Rates 2024 Proposed Rates Difference Basic Tow $264.00 $275.00 $11.00 Page 88 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 Service 2023 Current Rates 2024 Proposed Rates Difference Medium Tow $299.00 $315.00 $16.00 Heavy Tow $346.00 $369.00 $23.00 Mileage None None None Dolly Charge None None None Labor per hour (if exceeding one hour of service) $65.00 $65.00 $0.00 Basic Storage Rate (per 24-hour period) $67.00 $73.00 $6.00 Medium Storage Rate (per 24-hour period) $74.00 $82.00 $8.00 Heavy Storage Rate (per 24-hour period) $82.00 $93.00 $11.00 Evening Release (after 5:00pm & Holidays) $65.00 $65.00 $0.00 This rate schedule is identical to the California Highway Patrol (CHP) Southern San Diego Region tow rates. The CHP manages one of the largest government entity-initiated tow program in the state, and its rates are viewed as representative and reliable benchmarks. As shown above, there are cost increases proposed to the City’s 2024 tow and storage rates. If approved, the proposed TLF and tow and impound fees will be effective January 1, 2024. Each contracted tow company must post in plain view to the public the City-Initiated Tow and Storage Rates at their place of business. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of Resolution A would result in an updated Tow License Fee of $208,123, which is equally apportioned to the City’s tow contractors, effective January 1, 2024. The estimated Tow License Fee is already included in the Police Department’s fiscal year 2023-24 adopted budget, so no further appropriations are required at this time. Approval of Resolution B would result in updated fees paid by consumers to the tow contractors for City- initiated tow and impound services. There is no fiscal impact to the City for these fees. Page 89 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 ONGOING FISCAL IMPACT The Tow License Fee will be re-calculated every year during the term of the tow contract. The Police Department will coordinate with the Finance Department to budget the appropriate Tow License Fee in each respective fiscal year. ATTACHMENTS None. Staff Contact: Chief Roxana Kennedy, Police Department Administrative Services Manager Jonathan Alegre, Police Department Page 90 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW LICENSE FEE WHEREAS, on December 7, 2021, City Council approved agreements with seven companies to provide tow and impound services for City-initiated tows; and WHEREAS, each agreement provides that the Tow License Fee is subject to review and revision each year; and WHEREAS, the Police Department is requesting Council approval to update this fee for calendar year 2024; and WHEREAS, California Vehicle Code section 12110 authorizes the City to assess a Tow License Fee to tow companies “to reimburse the public entity for its actual and reasonable costs incurred in connection with the towing program”; and WHEREAS, the Tow License Fee relates to staff recovery costs of requesting a tow call for service, from the start time a police employee calls for a tow request to the end time that the tow company leaves the scene; and WHEREAS, the computation of the City’s Tow License Fee for 2024 effective January 1, 2024, as presented to the City Council, will be apportioned equally among the City’s contracted tow service providers for payment to City; and WHEREAS, the City intends to re-calculate and revise the City-initiated Tow License Fee every year using the same methodology. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated Tow License Fee as follows: (Annual estimate of police-initiated tows) x (Estimated time spent per tow) x (Fully burdened hourly rate) = Tow License Fee Position Annual Estimate of Police-Initiated Tows 1 Hours Spent per Police-Initiated Tow 2 Fully Burdened Hourly Rate 3 Tow License Fee Peace Officer 1,497 0.53 $141.59 $112,339 Community Service Officer 1,197 0.53 $69.96 $44,383 Sr Parking Enforcement Officer 631 0.53 $73.76 $24,668 Police Dispatcher 3,325 0.08 $100.50 $26,733 TOTAL $208,123 1 2-year average of calendar years 2021 and 2022 is 3,325 tows. Does not include private tows or tows during grant-funded operations. Tow request breakdown by classification (Officer 45% of tow requests; CSO 36%; PEO 19%) Page 91 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2 Estimated 32 minutes of Officer/CSO/PEO time during a tow call for service. Estimated 5 minutes of Police Dispatcher time 3 Fully Burdened Hourly Rate provided by Finance Department BE IT FURTHER RESOLVED, that the total Tow License Fee shall be divided equally among the tow operators under the agreements with the City during calendar year 2024. Presented by Approved as to form by Roxana Kennedy Jill D.S. Maland Chief of Police Lounsbery Ferguson Altona & Peak Acting City Attorney Page 92 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW AND STORAGE RATE SCHEDULE WHEREAS, on December 7, 2021, City Council approved agreements with seven companies to provide tow and impound services for City-initiated tows (each, an “Agreement,” collectively, the “Agreements”); and WHEREAS, each Agreement provides that the City-Initiated Tow and Storage Schedule is subject to an annual review and revision and the Police Department is requesting Council approval to update this rate schedule for calendar year 2024, to apply to each of the Agreements; and WHEREAS, the City Council has considered a proposed schedule of all charges and fees for each Agreement that the tow companies will be authorized to collect from consumers for tow and impound services rendered on behalf of the City, effective January 1, 2024, which schedule is identical to the California Highway Patrol Southern San Diego Region tow rates and is representative of reliable benchmarks for similar charges for the area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends the City-initiated tow and storage rate schedule, which will apply to each of the Agreements, to read as follows: Chula Vista City-Initiated Tow and Storage Rates (effective January 1, 2024) Service Rate Basic Tow $275.00 Medium Tow $315.00 Heavy Tow $369.00 Mileage None Dolly Charge None Labor Rate per hour (if exceeding one hour of service) $65.00 Basic Storage Rate (per 24-hour period) $73.00 Medium Storage Rate (per 24-hour period) $82.00 Heavy Storage Rate (per 24-hour period) $93.00 Evening Release (after 5:00 pm & Holidays) $65.00 Presented by Approved as to form by Roxana Kennedy Jill D.S. Maland Chief of Police Lounsbery Ferguson Altona & Peak Acting City Attorney Page 93 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE City Election: Recite the Fact of the Special Municipal Election Held on November 7, 2023, Declare the Results, and Other Matters as Provided by Law Report Number: 23-0293 Location: No specific geographic location Department: City Clerk G.C. § 84308: No 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 Adopt a resolution reciting the fact of the Special Municipal Election to fill the vacancy for the Office of the City Attorney held on November 7, 2023, declaring the results, and other related matters. SUMMARY The Registrar of Voters has transmitted the certified results of the Special Municipal Election held on November 7, 2023. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the election results to the City Council, which shall adopt a resolution reciting the fact of the election. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 94 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 DISCUSSION The Special Municipal Election was held on Tuesday, November 7, 2023, to fill the Office of the City Attorney vacancy, for a term ending in December 2026, which will commence upon taking the oath of office. Certified results of the election are attached as Exhibit 1. Elections Code Section 10262(b) requires the City Clerk, as the City elections official, to certify the results of the election to the City Cou ncil, which shall adopt a resolution reciting the fact of the election. The total number of votes received by each candidate is listed below. The candidates who received the highest and second-highest number of votes and who will participate in the Special Runoff Election in March 2024 are listed in bold. FOR CITY ATTORNEY (term ending in December 2026) MARCO VERDUGO 9,733 VOTES (39.02%) BART MIESFELD 9,430 VOTES (37.80%) DAN SMITH DIAZ 5,783 VOTES (23.18%) The City Council called the special runoff election for March 5, 2024 at the meeting held on October 17, 2023. Resolutions 2023-159 and 2023-160 call the election and adopt candidate statement regulations. No further City Council action is necessary to hold the runoff election. 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 Councilmembers 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 Councilmember, or 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 associated with this item. The special citywide runoff election for the City Attorney, which was previously approved by City Council, is estimated to cost $280,000, based on an estimate from the Registrar of Voters. Between funds budgeted as part of the Fiscal Year 2023-24 annual budget process and anticipated savings from the November 2023 special election, the existing budgeted funds will be sufficient to cover the special runoff election. ONGOING FISCAL IMPACT There are no ongoing costs associated with declaring the election results. ATTACHMENTS Exhibit 1 - Certified Results of the November 7, 2023 election Staff Contacts: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 95 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD IN THIS CITY ON NOVEMBER 7, 2023, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW WHEREAS, a special municipal election was held and conducted in the City of Chula Vista, California, on Tuesday, November 7, 2023, as required by law, for the purpose of electing a City Attorney for a short term ending in December 2026; and WHEREAS, notice of the election was given in the time, form, and manner as provided by law; and in all respects the election was held and conducted, and the votes were cast, received, and canvassed, and the returns made and declared in the time, form, and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in charter cities and the City’s Charter; and WHEREAS, pursuant to Resolution No. 2022-286, adopted on December 20, 2022, the Registrar of Voters canvassed the returns of the election and has certified the results. The results are received and made a part hereof, attached as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED, DECLARED, DETERMINED, AND ORDERED by the City Council of the City of Chula Vista, that: SECTION 1. The whole number of votes cast in the vote centers except vote-by-mail voter ballots was 750. That the whole number of vote-by-mail voter ballots cast in the City was 24,286 making a total of 25,036 votes cast in the City. SECTION 2. That the names of the persons voted for at the election for City Attorney are as follows: MARCO VERDUGO 9,733 (39.02%) BART MIESFELD 9,430 (37.80%) DAN SMITH DIAZ 5,783 (23.18%) The City Council does hereby declare that pursuant to Chula Vista Charter sections 503 and 303(C), Marco Verdugo and Bart Miesfeld will be the candidates in the special run-off election for City Attorney on March 5, 2024. Page 96 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 SECTION 3. The number of votes given at each precinct and the number of votes given in the city to each of the persons named above for the office for which they were candidates are listed in Exhibit 1, attached to this Resolution, and incorporated by this reference. SECTION 4. The City Clerk shall enter on the records of the City Council of the City of Chula Vista a statement of the results of the election, showing: (1) The whole number of votes cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes at each vote center to each person; (5) The total number of votes given to each person. SECTION 5. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of the original resolutions. Presented by Approved as to form by Kerry K. Bigelow, MMC Jill D.S. Maland City Clerk Lounsbery Ferguson Altona & Peak Acting City Attorney Page 97 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 98 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 4 MONICA MONTGOMERY STEPPE 60,383 61.58% AMY REICHERT 37,681 38.42% Total 98,064 CITY OF CHULA VISTA CITY ATTORNEY MARCO VERDUGO 9,733 39.02% BART MIESFELD 9,430 37.80% DAN SMITH DIAZ 5,783 23.18% Total 24,946 FALLBROOK PUBLIC UTILITY DISTRICT DETACHMENT ±MEASURE A YES 5,610 94.32% NO 338 5.68% Total 5,948 RAINBOW MUNICIPAL WATER DISTRICT DETACHMENT ±MEASURE B YES 6,034 94.87% NO 326 5.13% Total 6,360 Registered Voters Turnout Total Registration and Turnout 596,002 135,566 Mail 131,829 Vote Centers 3,737 Printed: Tuesday, November 28, 2023 9:29 AM Page 1 of 1 Special Election County of San Diego November 7, 2023 Official Results Exhibit 1 to Resolution Page 2 of 3Page 99 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1 CITY OF CHULA VISTA CITY ATTORNEY 1 1 1 Registered VotersVoters CastTurnout (%)BART MIESFELDMARCO VERDUGODAN SMITH DIAZCounty of San Diego Vote Centers 167145 750 0.45 %230 244 269 County of San Diego Mail 167145 24286 14.53 %9200 9489 5514 County of San Diego Total 167145 25036 14.98 %9430 9733 5783 2021 1ST SUPERVISORIAL DIST Vote Centers 167145 750 0.45 %230 244 269 2021 1ST SUPERVISORIAL DIST Mail 167145 24286 14.53 %9200 9489 5514 2021 1ST SUPERVISORIAL DIST Total 167145 25036 14.98 %9430 9733 5783 CHULA VISTA 525000-539500 Vote Centers 167145 750 0.45 %230 244 269 CHULA VISTA 525000-539500 Mail 167145 24286 14.53 %9200 9489 5514 CHULA VISTA 525000-539500 Total 167145 25036 14.98 %9430 9733 5783 2021 CHULA VISTA - 1ST CC Vote Centers 44746 214 0.48 %64 63 83 2021 CHULA VISTA - 1ST CC Mail 44746 7548 16.87 %3107 2605 1816 2021 CHULA VISTA - 1ST CC Total 44746 7762 17.35 %3171 2668 1899 2021 CHULA VISTA - 2ND CC Vote Centers 39872 221 0.55 %67 67 85 2021 CHULA VISTA - 2ND CC Mail 39872 6632 16.63 %2598 2663 1342 2021 CHULA VISTA - 2ND CC Total 39872 6853 17.19 %2665 2730 1427 2021 CHULA VISTA - 3RD CC Vote Centers 42136 136 0.32 %42 48 46 2021 CHULA VISTA - 3RD CC Mail 42136 5048 11.98 %1846 1958 1224 2021 CHULA VISTA - 3RD CC Total 42136 5184 12.30 %1888 2006 1270 2021 CHULA VISTA - 4TH CC Vote Centers 40391 179 0.44 %57 66 55 2021 CHULA VISTA - 4TH CC Mail 40391 5058 12.52 %1649 2263 1132 2021 CHULA VISTA - 4TH CC Total 40391 5237 12. 97 %1706 2329 1187 Unincorporated - MUNI WATER DIST - OVERALL Vote Centers 167145 750 0. 45 %230 244 269 Unincorporated - MUNI WATER DIST - OVERALL Mail 167145 24286 14. 53 %9200 9489 5514 Unincorporated - MUNI WATER DIST - OVERALL Total 167145 25036 14.98 % 9430 9733 5783 Unincorporated - PUBLIC UTILITY DISTRICTS Vote Centers 167145 750 0.45 % 230 244 269 Unincorporated - PUBLIC UTILITY DISTRICTS Mail 167145 24286 14.53 % 9200 9489 5514 Unincorporated - PUBLIC UTILITY DISTRICTS Total 167145 25036 14.98 %9430 9733 5783 Printed: Tuesday, November 28, 20231:44 PM Page 2 of 4Data Refreshed: Tuesday, November 28, 2023 1:44 PM County of San Diego Special Election District Total Canvass - San Diego County Portion Only Election Date: November 7, 2023 ExhibitPage 100 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Employee Benefits: Adopt the 2024 Cafeteria Benefits Plan Reflecting Health Insurance and Voluntary Insurance Benefits for Eligible City Employees Report Number: 23-0306 Location: No specific geographic location Department: Human Resources G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions: A) 2024 Cafeteria Benefits Plan and B) Approving the Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024. SUMMARY The Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year. Staff is requesting Council’s approval to adopt the 2024 Cafeteria Benefits Plan document by resolution to fulfill the City’s obligation for the 2024 plan year. Staff is also recommending the adoption of a resolution approving the Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024 which amends a medical benefit plan cost-sharing for calendar year 2024. ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Page 101 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION 2024 Cafeteria Benefits Plan In June 1998, the City established its first Section 125 Cafeteria Benefits Plan. In compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year. The first day of the City’s next plan year is January 1, 2024. This Cafeteria Plan Document is a written plan that describes how the City offers eligible employees certain benefits on a pretax basis (such as health insurance) while having the option to choose among at least one taxable benefit (such as cash). Having an approved written plan is critical under cafeteria plan regulations. Without a written Plan or if the written Plan does not comply with applicable requirements regarding content and timing of adoption, the Plan is not a Section 125 Cafeteria Plan and employees’ benefit elections will be taxable. The City timed its open enrollment period in 2023 to comply with these regulations and to meet provider cutoff deadlines for enrollment which will ensure employees have benefits coverage without interruption. The City’s Plan includes the following required information and incorporates all of the operating rules prescribed in Code §125 and the regulations thereunder. Description of available benefits Participation rules Benefit election procedures Plan Year Manner of contributions Maximum amount of contributions Plan provisions for complying with flexible spending accounts (FSAs) Specific health plans offered and their structure are not part of this Cafeteria Plan Document and instead defined in what is known as the Summary of Benefits and Coverage (SBC). Employees are provided the SBCs as part of open enrollment materials to assist them in making their benefits elections. The determination of the health plans available and their structure are based on an annual review after our broker, Marsh and McLennan Agency, LLC., extensively markets with benefit plan providers for coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum. All employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs. Cafeteria Benefits Flex Allotments for unrepresented employees and elected officials are included in both the Cafeteria Plan Document and the Compensation Summary. Adoption of Resolution A will adopt the 2024 Cafeteria Benefits Plan document to fulfill the City’s obligation for the 2024 plan year (Attachments 1-4). Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 The City and the International Association of Fire Fighters, Local 2180 (“Local 2180”) entered into a Memorandum of Understanding (“MOU”) covering the period of July 1, 2022, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment. The City and Local 2180, after meeting and conferring in good faith pursuant to the Meyers-Milias-Brown Act (MMBA), wish to enter into a Page 102 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 Second Amendment to the 2022-2024 MOU amending the medical benefit plans for calendar year 2024. The existing MOU states that employees enrolled in the lowest cost, non-Kaiser, limited network Health Maintenance Organization (HMO)/limited network alternative plan will pay $50 per month. For the 2024 benefits plan year, the non-Kaiser, limited network HMO/limited network alternative plan premium is less than the Kaiser HMO plan. The Second Amendment provides that the $50 per month premium for IAFF employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will be waived for the 2024 benefits plan year if the Aetna Whole Health (AWH) Southern California HMO is elected. Adoption of Resolution B will approve the Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180. 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 [Insert appropriate legislative body name, e.g., City Council/Housing Authority/Planning Commission] 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 [Insert appropriate legislative body name] member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT 2024 Cafeteria Benefits Plan Staff assumed an increase of approximately 12.5% in medical premiums in the fiscal year 2023-24 budget based on preliminary information from the City’s insurance brokers. The City spent $15.5 million in fiscal year 2022-23 on Cafeteria Plan benefits for all funds. In fiscal year 2022-23, based on current projections, the City is anticipated to spend approximately $19.2 million. As a result of the final health insurance premiums negotiated by the City’s broker for the 2024 Benefits Plan Year, anticipated vacancies, and changes in employee benefits selections the City is expecting an overall savings of approximately $245,267 in fiscal year 2023-24. Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 The current-year fiscal impact of the Second Amendment to the Memorandum of Understanding will increase overall expenditures by approximately $16,800, which will be offset through anticipated savings within the Fire Department. ONGOING FISCAL IMPACT Flex Allotments are negotiated with the City’s bargaining groups. Unrepresented employees and elected officials also receive Flex Allotments. With the exception of Public Safety bargaining groups, the City shares the cost of medical insurance premium increase on a 50/50 basis. The 50/50 cost sharing formula utilizes the average cost increase of family premiums of non-indemnity health plans. Then to determine the next plan year’s Flex Allotment, 50% of the average increase is added to the current year’s Flex Allotment amount. For Public Safety bargaining groups, the City assumes the full cost of the medical premium increases. As a result of the negotiated premium changes for the 2024 Benefits Plan Year, the 2024 Flex Allotments are increasing by an annual amount of $860. This increase will not impact Flex Allotments for employees who waive medical Page 103 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 insurance or elect Employee Only medical coverage since those amounts are capped at amounts specified in the Compensation Summary or Memorandum of Understanding. The table below illustrates the Cafeteria Flex Allotments for the 2024 Plan Year. The impact to future budgets and the five-year financial forecast will depend on the outcome of negotiations with the City’s bargaining groups and the changes in medical insurance premiums. City of Chula Vista 2024 Flex Allotments (Non-Safety Employees) Group/Bargaining Unit 2024Flex Allotment: Employees w/ Dependents on Medical Insurance (Annual Amount) 2024 Flex Allotment: Medical Opt Out or EE Only Medical Insurance (Annual Amount) Association of Chula Vista Employees (ACE) $16,424.00 $13,024.00 Confidential (CONF) $16,924.00 $13,024.00 Elected Officials (CATY, CL, MY) $19,700.00 $15,162.00 Executives, City Manager, and City Clerk (EXEC, CMGR, CCLK) $19,700.00 $15,162.00 Middle Managers and Professionals (MM/PROF) $17,800.00 $12,762.00 Confidential and Unclassified Middle Managers and Professionals (MMUC,MMCF,PRUC,PRCF) $17,800.00 $12,762.00 Non-Safety IAFF (NIAF) $16,424.00 $13,024.00 Senior Managers (SM) $18,300.00 $13,762.00 Western Council of Engineers (WCE) $17,300.00 $13,024.00 ATTACHMENTS 1. 2024 City of Chula Vista Cafeteria Benefits Plan Document 2. Exhibit A – 2024 Health Care & Dependent/Child Care Flexible Spending Accounts 3. Exhibit B – Hartford Voluntary Insurance Plan 4. Exhibit C – Employee Assistance Program (EAP) 5. Second Amendment to the Memorandum of Understanding between the City and IAFF, Local 2180 covering the period of July 1, 2022 to December 31, 2024 Staff Contact: Tanya Tomlinson, Assistant Director of Human Resources/Risk Management Page 104 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS PLAN FOR 2024 WHEREAS, the Internal Revenue Code requires that the Section 125 Cafeteria Benefits Plan offered by the City to its employees be in a written document and that the document be formally adopted by the City Council on or before the first day of the plan year ; and WHEREAS, in June 1998, the City established its first Section 125 Cafeteria Benefits Pla n; and WHEREAS, in compliance with Internal Revenue Code §125(d) the City Council annually adopts a written plan document prior to the first day of the plan year ; and WHEREAS, the first day of the City’s next plan year is January 1, 2024; and WHEREAS, this Plan Document lays out how the City offers eligible employees the choice between cash and certain nontaxable benefits (such as health insurance), thereby allowing employees to pay for the benefits they choose on a pre-tax basis; and WHEREAS, the specific health plans offered and their structure are not part of this Cafeteria Plan Document; and WHEREAS, they are included in what is known as the Summary Plan Document that was given to eligible employees as part of their open enrollment materials to ass ist them in making their benefit choices; and WHEREAS, the plans offered and their structure are determined after our broker, Marsh and McLennan Agency, extensively markets and negotiates with providers to provide coverage comparable to the prior year while keeping the increase in costs to the City and its benefited employees to a minimum; and WHEREAS, all employee groups are advised of the offers and the plan structures that will provide the least increase in premium costs; and WHEREAS, under current cafeteria plan regulations having an approved written plan is critical; and WHEREAS, without a written plan or if the written plan does not comply with applicable requirements regarding content and timing of adoption, then the plan is not a cafeteria plan and employees’ elections will be taxable; and WHEREAS, the City has timed its open enrollment period for 2024 to comply with these regulations and to meet provider cutoff deadlines for enrollment to ensure employees are covered without interruption; and Page 105 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. 2023-__________ Page 2 WHEREAS, the City’s Plan includes the following required information: description of available benefits, participation rules, election procedures, manner of contributions, maximum amount of contributions, the plan year, and the plans provisions for com plying with flexible spending arrangements (FSAs). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby adopt the City of Chula Vista Cafeteria Benefits Plan for 2024, in the form presented, with such minor modifications as may be approved by the City Manager, in consultation with the City Attorney. Presented by Approved as to form by Courtney Chase Jill D.S. Maland Deputy City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 106 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RESOLUTION NO. 2023-__________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A SECOND AMENDMENT TO THE 2022-2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS WHEREAS, in 2022, negotiating teams representing the City of Chula Vista (“City”) and the Local 2180, International Association of Fire Fighters (“Local 2180”) worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding (MOU), which the parties entered into for the time period of July 1, 2022 to December 31, 2024; and WHEREAS, on July 12, 2022, the City Council approved the MOU between the City and Local 2180 related to wages and other terms and conditions of employment; and WHEREAS, in October 2023, the City and Local 2180 engaged in informal discussions and after good faith negotiations, an agreement was reached to amend the medical benefit plans for calendar year 2024; and WHEREAS, the City and Local 2180 have agreed on the terms for amending the MOU to provide that: (i) Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium and (ii) for the 2024 benefits plan year only, the $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected; and WHEREAS, the above terms have been memorialized in the Second Amendment to the MOU, which is presented for City Council approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby:(i) approves the Second Amendment to the 2022-2024 Memorandum of Understanding between the City of Chula Vista and Local 2180, International Association of Fire Fighters in substantially the form presented; and (ii) authorizes and directs the City Manager, or her designee, to execute the Second Amendment to the MOU, and make such minor modifications to it as may be approved or required by the City Attorney’s Office. Presented by Approved as to form by Tanya Tomlinson Jill D.S. Maland Asst. Director of Human Resources/ Lounsbery Ferguson Altona & Peak Risk Management Acting City Attorney Page 107 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda CAFETERIA BENEFITS PLAN FOR THE CITY OF CHULA VISTA Amended and Restated as of January 1, 2024 Established June 1998 Human Resources Department City of Chula Vista Attachment 1 Page 108 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2 SECTION 125 CAFETERIA BENEFIT PLAN ADOPTION AGREEMENT The undersigned Employer hereby adopts the Section 125 Cafeteria Benefit Plan for those Employees who shall qualify as Participants hereunder. The Employer hereby selects the following Plan Specifications: A. EMPLOYER INFORMATION Name of Employer: City of Chula Vista Address: 276 Fourth Ave. Chula Vista, CA 91910 Employer Tax ID: 95-6000690 Nature of Business: Municipal Government Name of Plan: City of Chula Vista Cafeteria Benefits Plan B. EFFECTIVE DATE Original Effective Date of Plan: June 1998 Effective Date of Amendment: January 1, 2024 C. ELIGIBILITY REQUIREMENTS FOR PARTICIPATION Eligibility requirements for each component plan under this Section 125 document will be applicable and, if different, will be listed in Item F. Employee Status: (1) Benefits-Eligible (Permanent) Employees: Directly employed by the City of Chula Vista in a full- or part-time benefited status. Part- time benefits- eligible employees must be authorized to work at least half-time or 40 hours biweekly. (2) Full-time Hourly Employees: Directly employed by the City of Chula Vista who are expected and scheduled to work 30 or more hours per week. (3) Eligible Variable-Hour Hourly Employees: Variable-hour Hourly employees as defined by the Affordable Care Act (ACA) working an average of 30 or more creditable service hours per Page 109 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 3 week during the Standard Measurement Period. Eligibility is determined annually. Length of Service: (1) Benefits-Eligible (Permanent) and Full- time Hourly Employees: First day of employment in a benefited status. (2) Eligible, Variable-Hour Hourly Employees: First of the month which occurs 60 days following the City’s Measurement Period. D. PLAN YEAR The current plan year will begin on January 1, 2024, and end on December 31, 2024. E. EMPLOYER CONTRIBUTIONS Non-Elective Contributions: (Benefits-Eligible (Permanent) Employees, except members of POA and IAFF bargaining groups) Non-Elective Contributions (POA and IAFF members): Flexible Plan Allotment The maximum amount available to each Participant for the purchase of certain elected benefits (Group Medical Insurance, Group Dental Insurance, Group Vision, Health Care and Dependent/Child Care Flexible Spending Accounts, and Cash Payment Option) are outlined per the MOU or Unrepresented Compensation Summary with non-elective contributions will be: ACE $16,424 CONF $16,924 EXEC, CMGR, CCLK $19,700 Elected Officials $19,700 MM, PROF $17,800 MMCF,MMUC,PRCF,PRUC $17,800 Non-Safety IAFF $16,424 SM $18,300 WCE $17,300 Employees represented by POA: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents. Employees enrolled in any non-Kaiser plan are responsible for paying any amount greater than the cost of the Kaiser plan. Page 110 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 4 Non-Elective Contributions (Eligible Hourly Employees): Elective Contributions (Salary Reduction): Employees represented by IAFF: The employer pays the full cost of the Kaiser Permanente Plan for employees and their dependents. Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium. For the 2024 benefits plan year only, this $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected. Employees enrolled in the non- Kaiser Full HMO plan will pay $250 per month and the City will pay the balance of the premium. Employees enrolled in the PPO shall receive the value equal to that of employees enrolled in the non-Kaiser Full HMO plan and employees will be responsible for the balance. Employees represented by POA and IAFF: For dental coverage, the employer will pay an amount equal to the pre-paid dental premium for the coverage level elected. The annual maximum amount available for each employee for the purchase of group “Employee Only” medical insurance coverage is based on an Affordability Test under the Affordable Care Act. Other plan components of this Section 125 are not available. Each Participant may authorize the Employer to reduce his or her compensation by the amount needed for the purchase of benefits elected, less the amount of non-elective contributions. An election for salary reduction will be made via online enrollment through Munis Employee Self-Service (ESS). Page 111 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 5 F. AVAILABLE BENEFITS Each of the following components should be considered a plan that comprises this Plan. 1. Group Medical Insurance Mandatory for all Benefits- Eligible (Permanent) Employees in the POA and IAFF classifications. Benefits-Eligible (Permanent) Employees in all other groups can waive medical insurance if they are covered by their City Employee Spouse or they can provide evidence of Other Qualified Group Coverage. Medical enrollment is optional for Eligible Hourly Employees. The terms, conditions, and limitations for the Group Medical Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). 2. Group Dental Insurance Optional for all Benefits- Eligible Employees. Group dental insurance is not available to Eligible Hourly Employees. 3. Group Vision Insurance Optional for all Benefits-Eligible Employees. Group vision insurance is not available to Eligible Hourly Employees. The terms, conditions and limitations for the Group Dental Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). The terms, conditions and limitations for the Group Vision Insurance will be as set forth in the insurance policy or policies described below. (See Section V of the Plan Document). Page 112 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 6 4. Health Care Flexible Spending Account Optional for all Benefits-Eligible Employees. Health Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and limitations for the Health Care Flexible Spending Account will be as set forth in Section VI of the Plan Document and described below: Minimum Coverage: $24 per Plan Year Maximum Contribution: $3,200 from all sources per Plan Year. Recordkeeper: HealthEquity 5. Dependent Care Flexible Spending Account Optional for all Benefits-Eligible (Permanent) Employees. Dependent Care Flexible Spending Accounts are not available to Eligible Hourly Employees. The terms conditions and Limitations for the Dependent Care Flexible Spending Account will be as set forth in Section VII of the Plan Document and described below: Minimum coverage: $24 per Plan Year Maximum Coverage: $5,000 per plan year from all sources ($2,500 per plan year from all sources for a married employee filing separate tax returns) Recordkeeper: HealthEquity 6. Cash Payment Option Optional for Benefits-Eligible (Permanent) Employees. Cash Payment Option is not available to Eligible Hourly Employees. 7. The following benefits are only available through Elective Contributions (Salary Reduction) for eligible Benefits- Eligible Employees: Hartford plans are not available to Eligible Hourly Employees Eligible Flex Plan Allotment remaining after electing mandatory medical coverage may be allotted to this taxable option. Eligibility and limits for the cash option is based on the employee’s Compensation Summary or Memorandum of Understanding (MOU). Hartford Group Critical Illness Hartford Group Hospital Indemnity Plan Hartford Group Accident Plan The terms condition and limitations for the Hartford programs will be as set forth in Section VIII of the Plan Document. Administered by: The Hartford Page 113 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 7 8. Employee Assistance Program This free and confidential service is available to benefited employees and their household members. The terms condition and limitations for the EAP program will be set forth in Section IX of the Plan Document. Administered by: Health and Human Resource Center, Inc. (dba Aetna Resources for Living) The Plan shall be construed, enforced, administered, and the validity determined in accordance with the applicable provisions of the Employee Retirement Income Security Act of 1974 (as amended) if applicable, the Internal Revenue Code of 1986 (as amended), and the laws of the State of California. Should any provision be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only, will be deemed not to include the provision determined to be void. This Plan is hereby adopted the 5 th Day of December 2023. By: JOHN MCCANN Title: City Mayor Page 114 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 8 SECTION 125 CAFETERIA BENEFITS PLAN SECTION 1 PURPOSE The Employer is establishing this Cafeteria Benefits Plan in order to make a broad range of benefits available to its Employees and their Dependents. The Plan allows Employees to choose among different types of benefits and select the combination best suited to their individual goals, desires, and needs. These choices include an option to receive certain benefits in lieu of taxable compensation. In establishing this Plan, the Employer desires to attract, reward, and retain highly qualified, competent employees, and believes this Plan will help achieve that goal. It is the intent of the Employer to establish this Plan in conformity with Section 125 of the Internal Revenue Code of 1986, as amended, and in compliance with applicable rules and regulations issued by the Internal Revenue Service. This Plan will grant to eligible Employees an opportunity to purchase qualified benefits, which when purchased alone by the Employer, would not be taxable. SECTION II DEFINITIONS The following words and phrases appear in this Plan and will have the meaning indicated below unless a different meaning is plainly required by the context: “Administrator” means the Human Resources Department of the City of Chula Vista, or other such person or entity that it appoints as its designee. “Annual Enrollment Period” means the period designated by the Administrator which precedes the commencement of each Plan Year during which Eligible Employees can elect or modify the amount contributed for Benefits. “Applicable Law” means the Internal Revenue Code of 1986, and the same as may be amended from time to time, plus all regulations promulgated with respect thereto. Reference to any section or subsection of the Code includes reference to any comparable or succeeding provision of any legislation which amends, supplements or replaces such section or subsection. “Benefit Package Option” means a qualified benefit under Code Section 125 (f) that is offered under the Cafeteria (Flexible) Benefits Plan, or an option for coverage under an underlying health plan (such as an HMO or PPO option under a health plan). Page 115 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 9 “Benefits” or “Qualified Benefits” means the following benefits available under the Flex Plan: (a) Group Medical Insurance (b) Group Dental Insurance (c) Group Vision Insurance (d) Health Care Flexible Spending Account (e) Dependent Care Flexible Spending Account (f) Cash Payment Option (Post-Tax) (g) Health Premiums for Non-Tax Qualified Dependents (Post- Tax) (h) Certain Hartford Plans available via salary reduction only In order for a benefit to be qualified, a participant must also meet federal and/or state tax requirements, including Code Section 152, etc. “Child” means for these purposes will include (1) a natural child, (2) a stepchild, (3) a legally adopted child, (4) a child placed with the employee for legal adoption, (5) a foster child and (6) a child placed under the legal guardianship of the employee. In addition and in order to comply with OBRA 1993: a child will include a child for whom the employee or covered dependent spouse or Life Partner is required to provide coverage due to a Medical Child Support Order. A Qualified Medical Child Support Order (QMCSO) will also include a judgment, decree or order issued by a court of competent jurisdiction or through an administrative process established under state law and having the force and effect of law. “Code” means the Internal Revenue Code of 1986, as amended. “Dependent” means an individual including: (a) Participant’s legal spouse; (b) Life Partner (see definition of Life Partner) (c) Child of the employee, spouse, or Life Partner who is under 26 years of age; And (d) Unmarried child of any age of the employee, spouse or Life Partner who is incapable of self-support due to mental or physical handicap and such handicap began before attainment of limiting age “Dependent Care Flexible Spending Account” shall have the same meaning assigned to it by Section 7.02 of the Plan Attached hereto as Exhibit A. “Effective Date” of this Flex Plan was June 1998. “Eligible Employee” means any active, full- or part-time employee of the City of Chula Vista employed in a benefits-eligible (permanent) status. “Eligible Hourly Employee ” means full-time hourly employee as defined by the Affordable Care Act. Page 116 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 10 “Employee” means an individual that the Employer classifies as active, full-time or part-time, who is on the Employer’s W-2 payroll, include elected and appointed officials but does not include the following: (a) any leased employee or an individual classified as a contract worker, independent contractor, temporary employee or casual employee for the period during which such individual is so classified, whether or not any such individuals are on the Employer’s W-2 payroll or determined by the IRS or others to be common-law employees of the Employer; (b) any individual who performs services for the Employer but who is paid by a temporary or other employment or staffing agency for the period during which such individual is paid by such agency, whether or not such individual is determined by the IRS or others to be common-law employees of the Employer. “Employer” means the City of Chula Vista. “Enrollment Period” means the period designated by the Administrator which allows employees to select Benefits for the Plan Year. For new hires, the Enrollment Period shall be the first 30 days following each new Eligible Employee’s hire date. For existing employees, the window during which they may add or drop their health insurance, or make changes to their coverage is called the Open Enrollment Period. “Entry Date” shall mean the date that an Eligible Employee shall become a Participant: (a) on the first day of the Plan Year if the Eligible Employee’s elections are made during the annual Enrollment Period, or (b) on the first day of employment or as provided in the employee’s MOU, provided the new hire makes such request within 30 days after the date of employment, or (c) on the first day coinciding with the date of satisfying the plan’s eligibility requirements. “FMLA” means the Family and Medical Leave Act of 1993, as amended. “Plan Year” means the twelve-month period commencing on January 1 and ending on December 31. “Health Care Flexible Spending Account” shall have the meaning assigned to it by Section 6.01 of the Plan attached hereto as Exhibit A. “Health Plan” means the group medical, dental and vision plans maintained by the City for its employees, as amended from time to time and are automatically incorporated by reference under this Cafeteria Benefits Plan. A Participant may request a copy of the plan(s) from the Human Resources Benefits Division. “HIPAA” Means the Health Insurance Portability and Accountability Act of 1996 as amended. Page 117 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 11 “Life Partner” means: both the employee and his/her partner are eighteen (18) years of age or older and are capable of consenting to the domestic partnership; neither can be married to another or be a member of another domestic partnership; cannot be related by blood in a way that would prevent them from being married to each other in this state; they must share the same principal place of abode, with the intent to continue doing so indefinitely (this means that both partners share the same residence, however, it is not necessary that the legal right to possess the common residence be in both names); They are jointly financially responsible for “basic living expenses; defined as basic food, water, shelter, and any other basic living expenses. Life partners do not need to contribute equally to the cost of these expenses as long as they agree that both are responsible for the cost; neither have had a different domestic partner in the last six (6) months unless a previous domestic partnership terminated by death. “Non-elective Contribution(s)” means any amount which the Employer, pursuant to Labor Agreements, contributes on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable, under one or more of the Benefit Plan Options offered under the Plan. The amount shall be calculated for each plan year in a uniform and nondiscriminatory manner and in the case of POA and IAFF employees will be based upon the Participant’s elected coverage dependent status, and for all others may be based on the commencement or termination date of the Participant’s employment during the Plan Year, and such other factors as the Employer shall prescribe. To the extent set forth in the enrollment material, the Employer may make non-elective contribution available to Participants and allow Participants to allocate the Non-elective Contributions among the various Benefit Plan Options offered under the Plan in a manner set forth in the enrollment material. In no event will any Non-elective Contribution be disbursed to a Participant in the form of additional, taxable Compensation except as otherwise provided in the enrollment material. “Other Qualifying Medical Coverage” means other employer-sponsored medical benefits that provide Minimum Essential Coverage as defined in the Affordable Care Act (ACA), and does not include Medicare, Medi-Cal, TriCare, and benefits purchased through an Exchange as established under the ACA. “Participant” means an eligible employee. “Period of Coverage” means that portion of the Flex Plan Year for which one is a Participant. In no event shall the period of coverage commence prior to, nor terminate after, the commencement and ending dates of the Flex Plan Year. “Qualified Benefits” means any benefit excluded from the Employee’s taxable income under Chapter 1 of the Code other than Sections 106 (b), 117,124, 127 or 132 and any other benefit permitted by the Income Tax Regulations (i.e. any premiums for Life Partners who are not otherwise tax qualified dependents). Long Term Care is not a “Qualified Benefit.” Page 118 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 12 SECTION III ELGIBILITY, ENROLLMENT, AND PARTICIPATION 3.01 ELIGIBILITY: Each Employee of the Employer who has met the eligibility requirements of Item C of the Adoption Agreement will be eligible to participate in the Plan on the entry date specified or the effective date of the Plan, whichever is later. The Employer must notify the Employee of his eligibility to participate in the Plan so that the Employee shall complete the necessary enrollment forms on or before the entry date. 3.02 ENROLLMENT: An eligible Employee may enroll (or re-enroll) in the Plan by online enrollment through Munis ESS, during an Enrollment Period, which specifies his or her benefit elections for the Plan Year and which meets such standards for completeness and accuracy as the Employer may establish. A Participant’s online enrollment shall be completed prior to the beginning of the Plan Year, and shall not be effective prior to the date such form is submitted to the Employer. Any online enrollment by a Participant in accordance with this Section shall remain in effect until the earlier of the following dates: the date the Participant terminates participation in the Plan; or, the effective date of a subsequently completed online enrollment. A Participant’s right to elect certain benefit coverage shall be limited hereunder to the extent such rights are limited in the Policy. Furthermore, a Participant will not be entitled to revoke an election after a period of coverage has commenced and to make a new election with respect to the remainder of the period of coverage unless both the revocation and the new election are on account of and consistent with a change in status, or other allowable events, as determined by Section 125 of the Code and the regulations thereunder. Notwithstanding anything to the contrary herein, to the extent required by the Health Insurance Portability and Accountability Act of 1996, the Plan shall permit special enrollment period for employees who have previously declined coverage under the Plan; a new dependent may also justify a special enrollment period. 3.03 DEFAULT ENROLLMENT: Except for POA and IAFF employee groups, all new hire Benefits-Eligible (Permanent) employees who fail to make their elections within 30 days of their hire date will automatically be enrolled in the City’s least costly medical plan with Employee Only coverage. POA and IAFF employees will be automatically enrolled in the Kaiser “Employee Only” plan. During Open Enrollment, employees who do not complete enrollment within the Open Enrollment period will have their current medical and life insurance automatically continued into the next Plan year as if the Employee elected to keep them. All other coverage, including Health Care and Dependent Care Page 119 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 13 Flexible Spending Accounts will stop. Eligible non-IAFF and non-POA employees may have eligible Flex Plan Allotment funds remaining after the health coverage election placed in the taxable Cash Payment Option as provided in the employee’s Compensation Summary or Memorandum of Understanding (MOU). 3.04 TERMINATION OF PARTICIPATION: A Participant’s coverage will stop on the last day of the month in which eligibility ends for any of the following reasons: a. The date the Participant terminates employment by death, disability, retirement, or other separation from service; or b. The date the Participant ceases to work for the Employer as an eligible Employee; c. The date of termination of the Plan; d. The first date a Participant fails to pay required contributions while on a leave of absence with benefits, or e. The date an employee begins a leave of absence without benefits. Dependent coverage will end the earlier of: the last day the employee’s coverage ends or on the last day of the month in which he or she is no longer an eligible Dependent. 3.05 SEPARATION FROM SERVICE: The Employer shall, on a reasonable and consistent basis, permit an Employee who separates from the employment service of the Employer during a Plan Year to revoke his existing elections and terminate the receipt of benefits for the remaining portion of the Plan Year. 3.06 QUALIFYING LEAVE UNDER FAMILY AND MEDICAL LEAVE ACT: Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying paid or unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant’s existing coverage under the Plan with respect to the benefits under Section V and Section VI of the Plan on the same terms and conditions as though they were still an active Employee. If the Employee fails to return to work after such leave for any reason other than the serious illness of the employee or the family member for whom the leave was granted or through no fault of the employee, they will be required to pay all Cafeteria Benefits Plan monies paid to them, or on their behalf during the absence. 3.07 COVERAGE WHILE ON A LEAVE OF ABSENCE WITH BENEFITS: Employees who are authorized to take a leave of absence with benefits (e.g. Military Leave as approved by the City Council) will continue to be covered under the Plan until the expiration of their leave. 3.08 COVERAGE WHILE ON A LEAVE OF ABSENCE WITHOUT BENEFITS: Employees on an unpaid leave of absence for any reason other than those Page 120 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 14 under Section 3.06 and 3.07 are no longer eligible for participation in the Plan. If an employee returns from an unpaid leave of absence without benefits, the date the coverage is reinstated will depend on the employee’s date of return. If the employee returns to work on or before the 15th of the month, coverage will be reinstated retroactive to the first of the month. If an employee returns after the 15th of the month, coverage will be reinstated the first of the following month. SECTION IV CONTRIBUTIONS 4.01 EMPLOYER CONTRIBUTIONS: The Employer may pay the costs of the benefits elected under the Plan with funds from the sources indicated in Item E of the Adoption Agreement. The Employer Contribution may be made up of Non-Elective Contributions and/or Elective Contributions authorized by each Participant. 4.02 IRREVOCABILITY OF ELECTIONS: A Participant may complete online enrollment before the end of the current plan year revising the rate of his/her contributions or discontinuing such contributions effective as of the first day of the following Plan Year. The Participant’s Elective Contributions will automatically terminate the date his employment terminates. Except as provided in this Section 4.02 and Section 4.03, a Participant’s election under the Plan is irrevocable for the duration of the Plan Year to which it relates. The exceptions to the irrevocability requirement which would permit a mid-year election change in benefits and the salary reduction amount elected are set out in the Treasury regulations promulgated under Code Section 125, which include the following: (a) Change in Status: A Participant may change or revoke his election under the Plan upon the occurrence of a valid change in status, but only if such change or termination is made on account of, and is consistent with, the change in status in accordance with the Treasury regulations promulgated under Section 125. The Employer, in its sole discretion as Administrator, shall determine whether a requested change is on account of and consistent with a change in status, as follows: (1) Change in Employee’s legal marital status, including marriage, divorce, death of spouse, legal separation, and annulment; (2) Change in number of Dependents, including birth, adoption, placement for adoption, ineligibility based on reaching the dependent status age limit, and death; (3) Change in employment status, including any employment status change affecting benefit eligibility of the Employee, spouse or Dependent, such as termination or commencement of employment, change in hours, strike or lockout, a commencement or return from an unpaid leave of Page 121 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 15 absence and change in work site. If the eligibility for either the Cafeteria Plan or any underlying benefit plans of the Employer of the Employee, spouse or Dependent relies on the employment status of that individual, and there is a change in that individual’s employment status resulting in gaining or losing eligibility under the Plan, this constitutes a valid change in status. This category only applies if the benefit eligibility is lost or gained as a result of the event. If an Employee terminates and is rehired within 30 days, the Employee is required to step back into his/her previous election. If the Employee terminates and is rehired after 30 days, the Employee may either step back into the previous election or make a new election; (4) Dependent satisfies, or ceases to satisfy, Dependent eligibility requirements; and (5) Residency change of Employee, spouse or Dependent, affecting the Employee’s eligibility for coverage as specified in the insurance policy. (b) Special HIPAA Enrollment Rights. If a Participant or a Participant’s Dependent enrolls in the health insurance plan pursuant to special enrollment rights under HIPAA, the Participant may make a corresponding change in election under this Plan. Special enrollment rights under the health insurance plan will be determined by the terms of the health insurance plan. (c) Certain Judgments, Decrees or Orders. If a judgment, decree or order resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order [QMCSO]) requires accident or health coverage for a Participant’s child or for a foster child who is a dependent of the Participant, the Participant may have a mid-year election change to add or drop coverage consistent with the Order. (d) Entitlement to Medicare or Medicaid. If a Participant or a Participant’s Dependent who is enrolled in a medical plan of the Employer becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may cancel or reduce health coverage under the Employer’s Plan. Loss of Medicare or Medicaid entitlement would allow the Participant to add health coverage under the Employer’s Plan. However, if an employee chooses to purchase coverage through Medicare or Medicaid instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. (e) Family and Medical Leave Act. If an Employee is taking leave under the rules of the Family and Medical Leave Act, the Employee may revoke previous elections and re-elect benefits upon return to work. 4.03 OTHER EXCEPTIONS TO THE IRREVOCABILITY OF ELECTIONS. Other exceptions to the irrevocability of election requirement permit mid-year Page 122 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 16 election changes and apply to all qualified benefits except for a Health Care Flexible Spending Account, as follows: (a) Change in Cost. If the cost of a benefit package option under the Plan significantly increases during the Plan Year, Participants may (i) make a corresponding increase in their salary reduction amount, (ii) revoke their elections and make a prospective election under another benefit option offering similar coverage, or (iii) revoke election completely if no similar coverage is available, including in spouse or Dependent’s plan. If the cost significantly decreases, employees may elect coverage even if they had not previously participated and may drop their previous election for a similar coverage option in order to elect the Benefit Package Option that has decreased in cost during the year. If the increased or decreased cost of a Benefit Package Option under the Plan is insignificant, the Participant’s salary reduction amount shall be automatically adjusted. (b) Significant curtailment of coverage. (i.) With no loss of coverage. If the coverage under a Benefit Package Option is significantly curtailed or ceases during the Plan Year, affected Participants may revoke their elections for the curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage. (ii.) With loss of coverage. If there is a significant curtailment of coverage with loss of coverage, affected Participants may revoke election for curtailed coverage and make a new prospective election for coverage under another Benefit Package Option providing similar coverage, or drop coverage if no similar Benefit Package Option is available. (c) Addition or Significant Improvement of Benefit Package Option. If during the Plan Year a new benefit package option is added or significantly improved, eligible employees, whether currently participating or not, may revoke their existing election and elect the newly added or newly improved option. (d) Change in Coverage of a Spouse or Dependent Under Another Employer’s Plan. If there is a change in coverage of a spouse, former spouse, or Dependent under another employer’s plan, a Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the spouse or Dependent. This rule applies if (1) mandatory changes in coverage are initiated by either the insurer of spouse/dependent’s plan or by the spouse/dependent’s employer, or (2) option changes are initiated by the spouse/dependent’s employer or by the spouse/dependent through open enrollment. Page 123 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 17 (e) Loss of coverage under other group health coverage. If during the Plan Year coverage is lost under any group health coverage sponsored by a governmental or educational institution, a Participant may prospectively change his or her election to add group health coverage for the affected Participant or his or her dependent. (a) Coverage through Covered California Plan. An employee may revoke election under the City group health plan if the employee qualifies for Special Enrollment Period under the Covered California Plan (Marketplace). The employee’s revocation must correspond to his or her intended enrollment. The Covered California Plan must begin by the day immediately following the last day of the revoked coverage. However, if an employee chooses to purchase coverage through Covered California instead through the City, the employee will lose his/her Flex Allotment to any health benefits plan offered by the City. 4.04 CASH PAYMENT OPTION: Available eligible amounts not used for the purchase of benefits under this Plan may be considered a cash benefit under the Plan payable to the Participant as taxable income to the extent indicated in Item E of the Adoption Agreement and as specified in the Participant’s MOU or Compensation Summary. 4.05 PAYMENT FROM EMPLOYER’S GENERAL ASSETS: Payment of benefits under this Plan shall be made by the Employer from Elective Contributions which shall be held as part of its general assets. 4.06 EMPLOYER MAY HOLD ELECTIVE CONTRIBUTIONS: Pending payment of benefits in accordance with the terms of this Plan, Elective Contributions may be retained by the Employer in a separate account, or if elected by the Employer and as permitted or required by regulations of the Internal Revenue Service, Department of Labor or other governmental agency, such amounts of Elective Contributions may be held in a trust pending payment. 4.07 MAXIMUM EMPLOYER CONTRIBUTIONS: With respect to each Participant, the maximum amount made available to pay benefits for any Plan Year shall not exceed the Employer’s Contribution specified in the Adoption Agreement and as provided in this Plan. SECTION V GROUP HEALTH INSURANCE BENEFIT PLAN 5.01 PURPOSE: These benefits provide the group health insurance benefits to Participants. 5.02 ELIGIBILITY: Eligibility will be required in Items F(1), F(2), and F(3) of the Adoption Agreement. Page 124 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 18 5.03 DESCRIPTION OF BENEFITS: The benefits available under this Plan will be as defined in items F(1), F(2), and F(3) of the Adoption Agreement. 5.04 TERMS, CONDITIONS AND LIMITATIONS: The terms, conditions and limitations of the benefits offered shall be as specifically described in the Policy identified in the Adoption Agreement. 5.05 COBRA: To the extent required by Section 4980B of the Code and Sections 601 through 607 of ERISA, Participants and Dependents shall be entitled to continued participation in this Group Health Insurance Benefit Plans by contributing monthly (subject to taxation) 102% of the amount of the premium for the desired benefits during the period that such individual is entitled to elect continuation coverage, provided, however, in the event the continuation period is extended to 29 months due to disability, the premium to be paid for the continuation coverage for the 11 month extension period shall be 150% of the applicable premium. 5.06 SECTION 105 AND 106 PLAN: It is the intention of the Employer that these benefits shall be eligible for exclusion from the gross income of the Participants covered by this benefit plan, as provided in Code Sections 105 and 106, and all provisions of this benefit plan shall be construed in a manner consistent with that intention. It is also the intention of the Employer to comply with the provision of the Consolidated Omnibus Budget Reconciliation Act of 1985 as outlined in the policies identified in the Adoption Agreement. However, eligibility for tax qualified benefits will be subject to all state and federal regulations. In order to receive tax free benefits, a participant must meet all other state and federal eligibility guidelines. 5.07 CONTRIBUTIONS: Contributions for these benefits will be provided by the Employer on behalf of a Participant as provided for in Item E of the Adoption Agreement. 5.08 UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT : Notwithstanding anything to the contrary herein, the Group Medical Insurance Benefit Plan shall comply with the applicable provision of the Uniformed Services Employment and Reemployment Rights Act of 1994. SECTION VI HEALTH CARE FLEXIBLE SPENDING ACCOUNT PLAN 6.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. Page 125 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 19 SECTION VII DEPENDENT CARE FLEXIBLE SPENDING ACCOUNT PLAN 7.01 The Plan Document for this option is included in the attached Exhibit A and is incorporated by reference. SECTION VIII HARTFORD GROUP CRITICAL ILLNESS, GROUP HOSPITAL INDEMNITY AND GROUP ACCIDENT INSURANCE 8.01 The Plan Document for these options is included in the attached Exhibit B and is incorporated by reference. SECTION IX EMPLOYEE ASSISTANCE PROGRAM 9.01 The Plan Document for this benefit is included in the attached Exhibit C and is incorporated by reference. SECTION X AMENDMENT AND TERMINATION 10.01 AMENDMENT: The Employer shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of this Plan, provided that no such amendment shall change the terms and conditions of payment of any benefits to which Participants and covered Dependents otherwise have become entitled to under the provisions of the Plan, unless such amendment is made to comply with federal or local laws or regulations. The Employer also shall have the right to make any amendment retroactively, which is necessary to bring the Plan into conformity with the Code. In addition, the Employer may amend any provision or any supplements to the Plan and may merge or combine supplements or add additional supplement to the Plan, or separate existing supplements into an additional number of supplements. 10.02 TERMINATION: The Employer shall have the right at any time to terminate this Plan, provided that such termination shall not eliminate any obligations of the Employer which therefore have arisen under the Plan. Page 126 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 20 SECTION XI ADMINISTRATION 11.01 NAMED FIDUCIARIES: The Administrator shall be the fiduciary of the Plan. 11.02 APPOINTMENT OF RECORDKEEPER: The Employer may appoint a Reimbursement Recordkeeper which shall have the power and responsibility of performing recordkeeping and other ministerial duties arising under the Health Care Flexible Spending Account Plan and the Dependent Care Flexible Spending Account Plan provisions of this Plan. The Reimbursement Recordkeeper shall serve at the pleasure of, and may be removed by, the Employer without cause. The Recordkeeper shall receive reasonable compensation for its services as shall be agreed upon from time to time between the Administrator and the Recordkeeper. 11.03 POWERS AND RESPONSIBILITIES OF ADMINISTRATOR: a. General. The Administrator shall be vested with all powers and authority necessary in order to amend and administer the Plan, and is authorized to make such rules and regulations as it may deem necessary to carry out the provisions of the Plan. The Administrator shall determine any questions arising in the administration (including all questions of eligibility and determination of amount, time and manner of payments of benefits), construction, interpretation and application of the Plan, and the decision of the Administrator shall be final and binding on all persons. b. Recordkeeping. The Administrator shall keep full and complete records of the administration of the Plan. The Administrator shall prepare such reports and such information concerning the Plan and the administration thereof by the Administrator as may be required under the Code or ERISA and the regulation promulgated thereunder. c. Inspection of Records. The Administrator shall, during normal business hours, make available to each Participant for examination by the Participant at the principal office of the Administrator a copy of the Plan and such records of the Administrator as may pertain to such Participant. No Participant shall have the right to inquires as to or inspect the accounts or records with respect to other Participants. 11.04 COMPENSATION AND EXPENSES OF ADMINISTRATOR: The Administrator shall serve without compensation for services as such. All expenses of the Administrator shall be paid by the Employer. Such expenses shall include any expense incident to the functioning of the Plan, including, but not limited to, attorneys’ fees, accounting and clerical charges, actuary fees and other costs of administering the Plan. Page 127 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 21 11.05 LIABILITY OF ADMINISTRATOR: Except as prohibited by law, the Administrator shall not be liable personally for any loss or damage or depreciation which may result in connection with the exercise of duties or of discretion hereunder or upon any other act or omission hereunder except when due to willful misconduct. In the event the Administrator is not covered by fiduciary liability insurance or similar insurance arrangements, the Employer shall indemnify and hold harmless the Administrator from any and all claims, losses, damages, expenses, (including reasonable counsel fees approved by the Administrator) and liability (including any reasonable amounts paid in settlement with the Employer’s approval) arising from any act or omission of the Administrator, except when the same is determined to be due to the willful misconduct of the Administrator by a court of competent jurisdiction. 11.06 DELEGATION OF RESPONSIBILITY: The Administrator shall have the authority to delegate, from time to time, all or any part of its responsibilities under the Plan to such person or persons as it may deem advisable and in the same manner to revoke any such delegation of responsibility which shall have the same force and effect for all purposes hereunder as if such action had been taken by the Administrator. The Administrator shall not be liable for any acts or omissions of any such delegate. The delegate shall report periodically to the Administrator concerning the discharge of the delegated responsibilities. 11.07 RIGHT TO RECEIVE AND RELEASE NECESSARY INFORMATION: The Administrator may release or obtain any information necessary for the application, implementation and determination of this Plan or other Plans without consent or notice to any person. This information may be released to or obtained from any insurance company, organization, or person subject to applicable law. Any individual claiming benefits under this Plan shall furnish to the Administrator such information as may be necessary to implement this provision. 11.08 CLAIM FOR BENEFITS: To obtain payment of any benefits under the Plan a Participant must comply with the rules and procedures of the particular benefit program elected pursuant to this Plan under which the Participant claims a benefit. 11.09 PROTECTED HEALTH INFORMATION: The provisions of this Section shall be effective on April 14, 2004 or at such other date required by 45 CFR Section 164.534. The Plan may disclose PHI to employees of the Employer with employee benefits responsibility or to employees with oversight responsibility for third party administrator claims administration. Access to and use by such individual must be restricted to plan administration functions that the plan sponsor performs for the Plan. The applicable claims procedures under the Plan shall be used to resolve any issues of non-compliance by such individuals. The Plan may disclose PHI to such individual only if the Employer certifies that Page 128 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 22 the Plan documents have been amended to incorporate the following specific provisions, and the Employer agrees to comply with them. The Employer will: Not use or further disclose PHI other than as permitted by the plan documents or as required by law; Ensure that any agents or subcontractors to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer; Not use or disclose PHI for employment-related actions or in connection with any other employee benefit plan; Report to the Plan any use of disclosure of the information that is inconsistent with the permitted uses or disclosures; Make available to Plan participants, consider their amendments, and upon their request, provide them with an accounting of PHI disclosures; Make its internal practices and records relating to the use and disclosure of PHI received from the Plan available to the Department of Health and Human Services upon request; and Will, if feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such information when no longer needed for the purposes for which the disclosure was made, except that, if such return or destruction is not feasible, limit further uses no disclosure to those purposes that make the return or discretion of the information infeasible. For purposes of this Section, “PHI” is “Protected Health Information” as defined in 45 CFR Section 164.501, which is individually identifiable health information that is maintained or transmitted any a covered entity, as defined in 45 CFR Section 16.4104. SECTION XII MISCELLANEOUS PROVISIONS 12.01 FORMS AND PROOFS: Each Participant or Participant’s Beneficiary eligible to receive any benefit hereunder shall complete such forms and furnish such proofs, receipts, and release as shall be required by the Administrator. 12.02 NON-ASSIGNABILITY: No benefit under the Plan shall be liable for any debt, liability, contract, engagement or tort of any Participant or his Beneficiary, nor be subject to charge, anticipation, sale, assignment, transfer, encumbrance, Page 129 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 23 pledge, attachment, garnishment, execution or other voluntary or involuntary alienation or other legal or equitable process, nor transferability by operation of law. 12.03 CONSTRUCTION: (a) Words used herein in the masculine or feminine gender shall be construed as the feminine or masculine gender, respectively where appropriate. (b) Words used herein in the singular or plural shall be construed as the plural or singular, respectively, where appropriate. 12.04 NONDISCRIMINATION: In accordance with Code Section 125(b)(1), (2), and (3), this Plan is intended not to discriminate in favor of Highly Compensated Participants (as defined in Code Section 125(e)(1) as to contributions and benefits nor to provide more that 25% of all qualified benefits to Key Employees. If, in the judgment of the Administrator, more than 25% of the total non-taxable benefits are provided to Key Employees, or the Plan discriminates in any other manner (or is at a risk of possible discrimination), then notwithstanding any other provision contained herein to the contrary, and in accordance with the applicable provision of the Code, the Administrator shall, after written notification to affected Participants, reduce or adjust such contributions and benefits under the Plan as shall be necessary to insure that, in the judgment of the Administrator, the Plan shall not be discriminatory. 12.05 ERISA: The Plan shall be construed, enforced, and administered and the validity determined in accordance with the applicable provision of the Employee Retirement Income Security Act of 1974 (as amended), the Internal Revenue Code of 1986 (as amended), and the laws of the State indicated in the Adoption Agreement. Notwithstanding anything to the contrary herein, the provisions of ERISA will not apply to this Plan if the Plan is exempt from coverage under ERISA. Should any provisions be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, the Plan will continue to operate, and for purposes of the jurisdiction of the court only will be deemed not to include the provision determined to be void. Page 130 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ATTACHMENT 2 HEALTH CARE & DEPENDENT/CHILD CARE FLEXIBLE SPENDING ACCOUNTS PLAN DOCUMENT Amended and Restated as of January 1, 202 4 Human Resources Department City of Chula Vista Page 131 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13 What happens if a Claim for Benefits under the Health Care Spending Account is denied? ................................................................................................................................. 13 What happens to unclaimed Health Care Spending Account Reimbursements? ..................14 What is continuation coverage? ........................................................................................... 14 Will my health information be kept confidential? ............................................................... 16 How long will the Health Care Spending Account remain in effect? ...................................16 Q-14. Q-15. Q-16. Q-17. Q-18. DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18 i CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS CAFETERIA PLAN COMPONENT SUMMARY ................................................................................. 2 Q-1. What is the purpose of the Cafeteria Plan? ............................................................................ 2 Q-2. Who can participate in the Cafeteria Plan? ............................................................................ 2 Q-3. How do I become a participant? ............................................................................................ 2 Q-4. When does my participation in the Cafeteria Plan end? ........................................................ 3 Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3 Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4 Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5 Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5 Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ......6 Q-10. How long will the Cafeteria Plan remain in effect? ............................................................... 7 Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7 HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY ..............................................8 Q-1. Who can participate in the Health Care Spending Account? ................................................. 8 Q-2. How do I become a Participant? ............................................................................................ 8 Q-3. What is my Health Care Spending Account? ......................................................................... 9 Q-4. When does my coverage under the Health Care Spending Account end? ..............................9 Q-5. Can I ever change my Health Care Spending Account election? ........................................... 9 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? ............................................................................................................................... 10 Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? ................................10 Q-8. How are Health Care Spending Account benefits paid for under this Plan? .........................10 Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? ........................................................................... 10 Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11 Q-11. What is an “Eligible Medical Expense?” ............................................................................. 11 Q-12. When must the expenses be incurred in order to receive reimbursement? ...........................12 Q-13. What if the “Eligible Medical Expenses” I incur during the Plan Year are less than the Page 132 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda annual amount I have elected for the Health Care Spending Account Reimbursement? ...... 13 What happens if a Claim for Benefits under the Health Care Spending Account is denied? ................................................................................................................................. 13 What happens to unclaimed Health Care Spending Account Reimbursements? ..................14 What is continuation coverage? ........................................................................................... 14 Will my health information be kept confidential? ............................................................... 16 How long will the Health Care Spending Account remain in effect? ...................................16 Q-14. Q-15. Q-16. Q-17. Q-18. DEPENDENT CARE SPENDING ACCOUNT COMPONENT SUMMARY ....................................18 i CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION TABLE OF CONTENTS CAFETERIA PLAN COMPONENT SUMMARY ..................................................................................2 Q-1. What is the purpose of the Cafeteria Plan? .............................................................................2 Q-2. Who can participate in the Cafeteria Plan? .............................................................................2 Q-3. How do I become a participant? ............................................................................................ 2 Q-4. When does my participation in the Cafeteria Plan end? .........................................................3 Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? ............... 3 Q-6. What are the election periods for entering the Cafeteria Plan? ...............................................4 Q-7. Under what circumstances can I change my election during the Plan Year? ..........................5 Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? ....................... 5 Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? ...... 6 Q-10. How long will the Cafeteria Plan remain in effect? ................................................................7 Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? ...................... 7 HEALTH CARE SPENDING ACCOUNT COMPONENT SUMMARY .............................................. 8 Q-1. Who can participate in the Health Care Spending Account? ..................................................8 Q-2. How do I become a Participant? ............................................................................................ 8 Q-3. What is my Health Care Spending Account? ......................................................................... 9 Q-4. When does my coverage under the Health Care Spending Account end? ..............................9 Q-5. Can I ever change my Health Care Spending Account election? ............................................ 9 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? ............................................................................................................................... 10 Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? ................................ 10 Q-8. How are Health Care Spending Account benefits paid for under this Plan? ......................... 10 Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? ............................................................................10 Q-10. How do I receive reimbursement under the Health Care Spending Account? ...................... 11 Q-11. Medical E ..............................................................................11 Q-12. When must the expenses be incurred in order to receive reimbursement? ........................... 12 Q-13. What if the Medical I incur during the Plan Year are less than the Page 133 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ii Q-1. Who can participate in the Dependent Care Spending Account? .........................................18 Q-2. How do I become a Participant? ...........................................................................................18 Q-3. Spending ............................................................................... 18 Q-4. When does my coverage under the Dependent Care Spending Account end?...................... 18 Q-5. Can I ever change my Dependent Care Spending Account election? ................................... 19 Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? ............................................................................................................................... 19 Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? .................................................... 19 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? ............................ 20 Q-9. - claim a reimbursement? ................................................................................................................... 20 Q-10. How do I receive reimbursement under the Dependent Care Spending Account? ............... 21 Q-11. When must the expenses be incurred in order to receive reimbursement? ........................... 22 Q-12. - less than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? .....................................................................................................23 Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? ..................... 23 Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return?............................... 23 Q-15. What is the household and dependent care credit? ...............................................................23 Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? ........... 24 Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? ............................................................................................................... 24 Q-18 How long will the Dependent Care Spending Account remain in effect? ............................. 24 PLAN INFORMATION SUMMARY .................................................................................................... 25 A.Employer/Plan Sponsor Information ....................................................................................25 B.Cafeteria Plan Component Information ................................................................................ 26 C.Health Care Spending Account Component Information ..................................................... 28 D.Dependent Care Spending Account Component Information .............................................. 30 APPENDIX I CLAIMS REVIEW PROCEDURE ..............................................................................31 APPENDIX II TAX ADVANTAGES EXAMPLE ..............................................................................33 APPENDIX III ELECTION CHANGE CHART ................................................................................34 Page 134 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN City of choose from several different employee benefit plans (whi -called because it lets you according to your individual needs, and allows you to use pretax dollars to pay for them by entering into a salary reduction arrangement with the Employer. This Plan helps you because the benefits you elect are nontaxable (e.g., you save social security and income taxes on the amount of your salary reduction). Alternatively, to the extent described in your enrollment materials, you may choose to pay for any of the available benefits with After-tax Contributions as deductions from your salary. This Plan has three components: i.A Cafeteria Plan Component. The Cafeteria Plan Component allows you to pay your share of Contributions. ii. amount of Pretax Contributions to be used for reimbursement of Eligible Medical Expenses. The HCSA is intended to qualify as a Code Section 105 self-insured medical reimbursement Plan. iii. specified amount of Pretax Contributions to be used for reimbursement of Eligible Employment- Related Expenses. The DCSA is intended to qualify as a Code Section 129 dependent care assistance plan. Each of the three components is summarized in this document. Information relating to the Plan that is specific to your Employer is described in the Plan Information Summary. For example, you can find the identity of the Third Party Administrator, the Employer, and the Plan Administrator in the Plan Information Summary as well as the Plan Number and any applicable contact information. Each summary and the attached Appendices constitute the Summary Plan Description for the Cafeteria Plan. The SPD operates, and how you can get the maximum advantage from it. The Plan is also established pursuant to a plan document into which this SPD has been incorporated. However, if there is a conflict between the official plan document and the SPD, the plan document will govern. Certain terms in this Summary are capitalized. Capitalized terms reflect important terms that are specifically defined in this Summary or in the Plan Document into which this Summary is incorporated. You should pay special attention to these terms as they play an important role in defining your rights and responsibilities under this Plan. Participation in the Plan does not give any Participant the right to be retained in the employment of his or her Employer or any other right not specified in the Plan. If you have any questions regarding your rights and responsibilities under the Plan, you may also contact the Plan Administrator (who is identified in the Plan Information Summary). Page 135 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Cafeteria Plan Component Summary Q-1. What is the purpose of the Cafeteria Plan? The purpose of the Cafeteria Plan is to allow eligible Employees to pay for certain benefit plans called which you may contribute with Pretax Contributions under this Cafeteria Plan are described in the Plan Information Summary. Pretax Contributions are described in more detail below. Q-2. Who can participate in the Cafeteria Plan? Each Employee of the Employer (or an Affiliated Employer listed in the Plan Information Summary) who (i) satisfies the Cafeteria Plan Eligibility Requirements and (ii) is also eligible to participate in any of the Benefit Plan Options, will be eligible to participate in this Cafeteria Plan. If you meet these requirements, you may become a Participant on the Cafeteria Plan Eligibility Date. The Cafeteria Plan Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Those Employees who actually participate in the Cafeteria Plan are called The terms of eligibility of this Cafeteria Plan do not override the terms of eligibility of each of the Benefit Plan Options. In other words, if you are eligible to participate in this Cafeteria Plan, it does not necessarily mean you are eligible to participate in the Benefit Plan Options. For the details regarding eligibility provisions, benefit amounts, and premium schedules for each of the Benefit Plan Options, please refer to the plan summary of each of the Benefit Plan Options. If you do not have a summary for each of the Benefit Plan Options, you should contact the Plan Administrator for information on how to obtain a copy. You may only pay for the coverage of yourself and your tax dependents; however, for health plan purposes and the Health Care Spending Account), a Dependent is any child of yours who as of the end of the taxable year has not attained age twenty-seven (27)), even if he/she is married or is not a tax dependent. Q-3. How do I become a Participant? If you have otherwise satisfied the Cafeteria Plan Eligibility Requirements, you become a Participant by you agree to pay for the Benefit Plan Options that you choose with Pretax Contributions. You will be provided with a Salary Reduction Agreement or Election Form on or before your Cafeteria Plan Eligibility Date. You must complete the form and submit it to the Plan Administrator or its designated Third Party Administrator (as indicated on or with the Salary Reduction Agreement), during one of the election periods described in Q-6 below. You may also enroll during the year if you previously elected not to participate and you experience a change described below that allows you to become a Participant during the year. If that occurs, you must complete an Election Change Form during the Election Change Period described in Q-7 below. In no event can you become a Participant in this Cafeteria Plan prior to the date you complete and properly submit the Salary Reduction Agreement to the appropriate person(s). Page 136 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 3 In some cases, the Employer may require you to pay your share of the Benefit Plan Option coverage that you elect with Pretax Contributions. If that is the case, your election to participate in the Benefit Plan Options(s) will constitute an election under this Cafeteria Plan. Enrollment may also be accomplished via telephone, voice response technology, electronic communication, web or online enrollment systems, or any other method prescribed by the Plan Administrator. Q-4. When does my participation in the Cafeteria Plan end? Your coverage under the Cafeteria Plan ends on the earliest of the following to occur: a. The date that you make an election not to participate in accordance with this Cafeteria Plan Component Summary; b. The date you no longer satisfy the Eligibility Requirements of this Cafeteria Plan or all of the Benefit Plan Options; c. The date that you terminate employment with the Employer; or d. The date that the Cafeteria Plan is either terminated or amended to exclude you or the class of Employees of which you are a member. If your employment with the Employer is terminated during the Plan Year or you otherwise cease to be eligible, your active participation in the Cafeteria Plan will automatically cease, and you will not be able to make any more Pretax Contributions under the Cafeteria Plan except as otherwise provided pursuant to Employer policy or individual arrangement (e.g., a severance arrangement where the former Employee is permitted to continue paying for a Benefit Plan Option out of severance pay on a pretax basis). If you are rehired within the same Plan Year and are eligible for the Cafeteria Plan (or you become eligible again), you may make new elections, if you are rehired or become eligible again more than 30 days after you terminated employment or lost eligibility (subject to any limitations imposed by the Benefit Plan Option(s)). If you are rehired or again become eligible within 30 days or less of your termination date, your Cafeteria Plan elections that were in effect when you terminated employment or stopped being eligible will be reinstated and remain in effect for the remainder of the Plan Year (unless you are allowed to change your election in accordance with the terms of the Plan). Q-5. What are tax advantages and disadvantages of participating in the Cafeteria Plan? You save both federal income tax and FICA (Social Security) taxes by participating in the Cafeteria Plan. There is an example in Appendix II that illustrates the tax savings you might experience as a result of participating in the Cafeteria Plan. Participation in the Cafeteria Plan will reduce the amount of your taxable compensation. Accordingly, there could be a decrease in your Social Security benefits and/or other benefits (e.g., pension, disability, and life insurance) that are based on taxable compensation. Page 137 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 4 Q-6. What are the election periods for entering the Cafeteria Plan? Change in Status Event. The following is a summary of the Initial Election Period and the Annual Election Period. Q-6a. What is the Initial Election Period? If you want to participate in the Cafeteria Plan when you are first hired, you must enroll during an election during the Initial Election Period, your participation in this Cafeteria Plan will begin on the later of your Eligibility Date or the first pay period coinciding with or next following the date that your election is received by the Plan Administrator (or its designated Third Party Administrator). The effective date of coverage under the Benefit Plan Options will be effective on the date established in the governing documents of the Benefit Plan Options. The election that you make during the Initial Election Period is effective for the remainder of the Plan Year and generally cannot be changed during the Plan Year unless you have a Change in Status Event described in Q-7 below. If you do not make an election during the Initial Election Period, you will be deemed to have elected not to participate in this Cafeteria Plan for the remainder of the Plan Year. Failure to make an election under this Cafeteria Plan generally results in no coverage under the Benefit Plan Options; however, the Employer may provide coverage under certain Benefit Plan Options automati provided by your Employer will be identified in the enrollment materials. In addition, your share of the contributions for such Default Benefits may be automatically withdrawn from your pay on a pretax basis. You will be notified in the enrollment materials whether there will be a corresponding Pretax Contribution for such default benefits. Q-6b. What is the Annual Election Period? did not enroll during the Initial Election Period or change your elections for the next Plan Year. The Annual Election Period will be identified in the enrollment materials distributed to you prior to the Annual Election Period. The election that you make during the Annual Election Period is effective the first day of the next Plan Year and cannot be changed during the entire Plan Year unless you have a Change in Status Event described in Q-7 below. If you fail to complete, sign, and file a Salary Reduction Agreement during the Annual Election Period, you may be deemed to have elected to continue participation in the Cafeteria Plan with the same Benefit Plan Option elections that you had on the last day of the Plan Year in which the Annual Election period occurred (adjusted to reflect any increase/decrease in applicable Administrator may deem you to have elected not to participate in the Cafeteria Plan for the next Plan Year if you fail to make an election during the Annual Election Period. The consequences of failing to make an election during the Annual Election Period are described in the Plan Information Summary. Page 138 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 5 The Plan Year is generally a 12-month period (the initial or last Plan Year of the Plan could be an exception). The beginning and ending dates of the Plan Year are described in the Plan Information Summary. Q-7. Under what circumstances can I change my election during the Plan Year? Generally, you cannot change your election under this Cafeteria Plan during the Plan Year. There are, however, a few exceptions. First, your election will automatically terminate if you terminate employment or lose eligibility under this Cafeteria Plan or under all of the Benefit Plan Options that you have chosen. Second, you may voluntarily change your election during the Plan Year if you satisfy the following conditions (prescribed by federal law): a. You experience a of Status that affects your eligibility under this Cafeteria Plan and/or Benefit Plan Option; or b. You experience a significant Cost or Coverage Change; and c. You complete and submit a written Election Change Form within the Election Change Period described in the Plan Information Summary. Change in Status Events and Cost or Coverage Changes recognized by this Cafeteria Plan, and the rules surrounding election changes in the event you experience a Change in Status Event or Cost or Coverage Change are described in Appendix III - Election Change Chart. Third, an election under this Cafeteria Plan may be modified downward during the Plan Year if you are a Key Employee or Highly Compensated Individual (as defined by the Internal Revenue Code), if necessary to prevent the Cafeteria Plan from becoming discriminatory within the meaning of the applicable federal income tax law. If coverage under a Benefit Plan Option ends, the corresponding Pretax Contributions for that coverage will automatically end. No election is needed to stop the contributions. Q-8. How is my Benefit Plan Option coverage paid for under this Cafeteria Plan? You may be given a choice to pay for any Benefit Plan Option coverage that you elect with Pretax or After- tax Contributions. The enrollment materials you receive will indicate whether you have an option to choose to pay with Pretax or After-tax Contributions. When you elect to participate both in a Benefit Plan Option and this Cafeteria Plan, an amount equal to your share of the annual cost of those Benefit Plan Options that you choose divided by the applicable number of pay periods you have during that Plan Year is deducted from each paycheck after your election date. If you have chosen to use Pretax Contributions (or it is a Plan requirement), the deduction is made before any applicable federal and/or state taxes are withheld. An Employer may choose to pay for a share of the cost of the Benefit Plan Options you choose with Non- elective Employer Contributions. The amount of Non-elective Employer Contributions that is applied by the Employer towards the cost of the Benefit Plan Option(s) for each Participant and/or level of coverage Page 139 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 6 is subject to the sole discretion of the Employer and it may be adjusted upward or downward in the -elective Employer Contribution amount will be calculated for each Plan Year in a uniform and nondiscriminatory manner and may be based upon your dependent status, commencement or termination date of your employment during the Plan Year, and such other factors that the Employer deems relevant. In no event will any Non-elective Employer Contribution be disbursed to you in the form of additional taxable compensation except as otherwise provided in the enrollment material or the Plan Information Summary. Q-9. What happens to my participation under the Cafeteria Plan if I take a leave of absence? The following is a general summary of the rules regarding participation in the Cafeteria Plan (and the Benefit Plan Options) during a leave of absence. The specific election changes that you can make under this Cafeteria Plan following a leave of absence are described in the Election Change Chart and the rules regarding coverage under the Benefit Plan Options during a leave of absence will be described in the Benefit Plan Option summaries. If there is a conflict between the Election Change Chart/Benefit Plan Option Summaries and this Q-9, the Election Change Chart or Benefit Plan Option summary, whichever is applicable, will control. a. If you go on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), the Employer will continue to maintain your Benefit Plan Options that provide health coverage on the same terms and conditions as though you were still active to the extent required by FMLA (e.g., the Employer will continue to pay its share of the contribution to the extent you opt to continue coverage). b. Your Employer may elect to continue all health coverage for Participants while they are on paid leave (provided Participants on non-FMLA paid leave are required to continue coverage). If so, you will pay your share of the contributions by the method normally used during any paid leave (for example, with Pretax Contributions if that is what was used before the FMLA leave began). c. In the event of unpaid FMLA leave (or paid leave where coverage is not required to be continued), if you opt to continue your group health coverage, you may pay your share of the contribution in one of the following ways: i. With After-tax Contributions while you are on leave. ii. You may pre-pay all or a portion of your share of the contribution for the expected duration of the leave with Pretax Contributions from your pre-leave compensation by making a special election to that effect before the date such compensation would normally be made available to you. However, pre-payments of Pretax Contributions may not be utilized to fund coverage during the next Plan Year. iii. By other arrangements agreed upon between you and the Plan Administrator (for example, the Plan Administrator may fund coverage during the leave and withhold amounts from your compensation upon your return from leave). The payment options provided by the Employer will be established in accordance with Code absence and will be applied uniformly to all Participants. Alternatively, the Employer may require all Participants to continue coverage during the leave. If so, you may elect to discontinue Page 140 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 7 your share of the required contributions until you return from leave. Upon return from leave, you will be required to repay the contribution not paid during the leave in a manner agreed upon with the Plan Administrator. The Election Change Chart will let you know whether you are able to drop your coverage or whether you are required to continue coverage during the leave. d. If your coverage ceases while on FMLA leave (e.g., for non-payment of required contributions), you will be permitted to re-enter the Cafeteria Plan and the Benefit Plan Option upon return from such leave on the same basis as you were participating in the plans prior to the leave, or as otherwise required by the FMLA. Your coverage under the Benefit Plan Options providing health coverage may be automatically reinstated provided that coverage for Employees on non- FMLA leave is automatically reinstated upon return from leave. e. The Employer may, on a uniform and consistent basis, continue your group health coverage for the duration of the leave following your failure to pay the required contribution. Upon return from leave, you will be required to repay the contribution in a manner agreed upon by you and the Employer. f. If you are commencing or returning from unpaid FMLA leave, your election under this Cafeteria Plan for Benefit Plan Options providing non-health benefits shall be treated in the same manner that elections for non-health Benefit Plan Options are treated with respect to Participants commencing and returning from unpaid non-FMLA leave. g. If you go on an unpaid non-FMLA leave of absence (e.g., personal leave, sick leave, etc.) that does not affect eligibility in this Cafeteria Plan or a Benefit Plan Option offered under this Cafeteria Plan, then you will continue to participate and the contribution due will be paid by pre- payment before going on leave, by After-tax Contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If you go on an unpaid leave that affects eligibility under this Cafeteria Plan or a Benefit Plan Option, the election change rules described herein will apply. The Plan Administrator will have discretion to determine whether taking an unpaid non-FMLA leave of absence affects eligibility. Q-10. How long will the Cafeteria Plan remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its component programs at any time for any reason. Plan amendments and terminations will be conducted in accordance with the terms of the Plan document. Q-11. What happens if my request for a benefit under this Cafeteria Plan is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Cafeteria Plan. Page 141 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 8 oes not CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Health Care Spending Account Component Summary Q-1. Who can participate in the Health Care Spending Account? Each Employee who satisfies the HCSA Eligibility Requirements is eligible to participate on the HCSA Eligibility Date. The HCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the HCSA Eligibility Requirements, you become a Participant in the HCSA by electing Health Care Savings Account benefits during the Initial or Annual Election Periods as described in the Cafeteria Plan Component Summary). Your participation in the HCSA will be effective on the date that you make an election or on your HCSA Eligibility Date, whichever is later. See the Plan Information participate during the next Plan Year, you must make an election during the Annual Election Period, even if you do not change your current election. Evergreen Elections do not apply to HCSA elections. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Once you become a Participant, your "Eligible Dependents" also become covered. For purposes of the HCSA, Eligible Dependents are the following: (i) Your legal Spouse (as determined by state law to the extent consistent with the federal Defense of Marriage Act) and (ii) Any other individuals who would qualify as a tax Dependent, including any child of yours who as of the end of the taxable year has not attained age twenty-seven (27). If the Plan Administrator receives a qualified medical child support order (QMCSO) relating to the HCSA, to medical child support. A medical child support order is a QMCSO to the extent it satisfies certain conditions required by law. Before providing any coverage to an alternate recipient, the Plan Administrator must determine whether the medical child support order is a QMCSO. If the Plan Administrator receives a medical child support order relating to your HCSA, it will notify you in writing, and after receiving the order, it will inform you of its determination of whether or not the order is Page 142 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 9 qualified. Upon request to the Plan procedures governing qualified medical child support orders. Q-3. What is my Health Care Spending Account? If you elect to participate in the HCSA, the Employer will establish a keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Be forth in the Plan Information Summary. Q-4. When does my coverage under the Health Care Spending Account end? Your coverage under the HCSA ends on the earlier of the following to occur. See the Plan Information a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the HCSA Eligibility Requirements; d. The date you terminate employment; or e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. You may be entitled to elect Continuation Coverage (as described in Q-16 below) under the HCSA once your coverage ends because you terminate employment or experience a reduction in hours of employment. Coverage for your Eligible Dependents ends on earliest of the following to occur: a. The date your coverage ends; b. The date that your Dependents cease to be eligible Dependents (e.g., you and your Spouse divorce); or c. The date the Plan is terminated or amended to exclude the individual or the class of Dependents of which the individual is a member from coverage under the HCSA. You and/or your covered Dependents may be entitled to continue coverage if coverage is lost for certain reasons. The Continuation of Coverage provisions are described in more detail below. Q-5. Can I ever change my Health Care Spending Account election? You can change your election under the HCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event. You may change your HCSA election during the Plan Year only if you experience an applicable Change in Status Event. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. NOTE: You may not make HCSA election changes as a result of any Cost or Coverage Changes. Page 143 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 10 Q-6. What happens to my Health Care Spending Account if I take an approved leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any, specific changes you can make during a leave of absence. If your HCSA coverage ceases during an FMLA leave, you may, upon returning from FMLA leave, elect to be reinstated in the HCSA at either: a. The same coverage level in effect before the FMLA leave (with increased contributions for the remaining period of coverage); or b. At the same coverage level that is reduced pro-rata for the period of FMLA leave during which you did not make any contributions. Under either scenario, expenses incurred during the period that your HCSA coverage was not in effect are not eligible for reimbursement under this HCSA. Q-7. What is the maximum annual Health Care Spending Account amount that I may elect under the Health Care Spending Account, and how much will it cost? You may elect any annual reimbursement amount subject to the maximum annual HCSA amount and the minimum reimbursement amount described in the Plan Information Summary. You will be required to pay the annual contribution equal to the coverage level you have chosen reduced by any Non-elective Employer Contributions allocated to your HCSA. Any change in your HCSA election also will change the maximum available reimbursement for the period of coverage after the election. Such maximum available reimbursements will be determined on a prospective basis only by a method determined by the Plan Administrator that is in accordance with applicable law. The Plan Administrator (or its designated Third Party Administrator) will notify you of the applicable method when you make your election change. Q-8. How are Health Care Spending Account benefits paid for under this Plan? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of HCSA reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment materials will indicate if Non-elective Employer Contributions are available for HCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to pro-rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your HCSA. Q-9. What amounts will be available for Health Care Spending Account Reimbursement at any particular time during the Plan Year? So long as coverage is effective, the full, annual amount of Health Care Spending Account reimbursement you have elected, reduced by the amount of previous HCSA reimbursements received during the Plan Year, will be available at any time during the Plan Year, without regard to how much you have contributed. Page 144 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 11 Q-10. How do I receive reimbursement under the Health Care Spending Account? If you elect to participate in the HCSA, you will have to take certain steps to be reimbursed for your Eligible Medical Expenses. When you incur an Eligible Medical Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Request for Reimbursement Form. You may obtain a Request for Reimbursement Form from the Plan Administrator or the Third Party Administrator. You must include with your Request for Reimbursement Form a written statement from an independent third party (e.g. a receipt, EOB, etc.) associated with each expense that indicates the following: a. The nature of the expense (e.g. what type of service or treatment was provided). If the expense is for an over the counter drug, the written statement must indicate the name of the drug; b. The date the expense was incurred; and c. The amount of the expense. The Third Party Administrator will process the claim once it receives the Request for Reimbursement Form from you. Reimbursement for expenses that are determined to be Eligible Medical Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an for reimbursement for Eligible Medical Expenses during the Plan Year in which they were incurred or during the Run Out Period. The Run Out Period is described in the Plan Information Summary. Q- Dependents that satisfies the following conditions: a. Th and b. The expense has not been reimbursed by any other sources, and you will not seek reimbursement for the expense from any other source. amounts incurred to diagnose, treat, or prevent a specific medical condition or for purposes of affecting any function or structure of the body. Not every health- beneficial health of you and/or your eligible Dependents (e.g., vitamins or nutritional supplements that are not taken to treat a specific medical condition) or for cosmetic purposes, unless necessary to correct a deformity arising from illness, injury, or birth defect. You may, in the discretion of the Third Party Administrator/Plan Administrator, be required to provide additional documentation from a health care provider showing that you have a medical condition and/or the particular item is necessary to treat a medical condition. Expenses for cosmetic purposes are also not reimbursable unless they are necessary to correct an abnormality caused by illness, injury, or birth defect. not reimbursable under any Health Care Spending Account (per Treasury regulations): a. Health insurance premiums; Page 145 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 12 b.Expenses incurred for qualified long-term care services; c.Effective January 1, 2011, expenses for a medicine or drug unless such medicine or drug is a prescribed drug (determined without regard to whether such drug is available without a prescription) or is insulin; and d.Any other expenses that are specifically excluded by the Employer. For a list of Eligible Medical Expenses, go to www.healthequity.com/qme and enter your user name and password. If you have opted for the HSA-Compatible or Limited Purpose Health Care Spending Account, then only those eligible dental and vision expenses may be paid under the Plan while your limited coverage is effective. Q-12. When must the expenses be incurred in order to receive reimbursement? Eligible Medical Expenses must be incurred during the Plan Year and while you are a Participant in the pay for an expense before you are provided the service or treatment, the expense may not be reimbursed until you have been provided the service or treatment. Except as provided below, you may not be reimbursed for any expenses arising before the HCSA becomes effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year, or, after a separation from service or loss of eligibility (except for expenses incurred during an applicable continuation period). that follows the end of the Plan Year during which amounts you have allocated to the HCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Medical Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2) months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2024, the Grace Period begins January 1, 2024 and ends March 15, 2025. In order to take advantage of the Grace Period, you must be A Participant in the HCSA on the last day of the Plan Year to which the Grace Period relates, or A Qualified Beneficiary who is receiving continuation coverage under the HCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Medical Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. Page 146 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 13 For example, assume that $200 remains in the HCSA sub-account at the end of the 2024 Plan Year and further assume that you have elected to allocate $2,400 to the HCSA for the 2024 Plan Year. If you submit for reimbursement an Eligible Medical Expense of $500 that was incurred on March 15, 2025, $200 of your claim will be paid out of the unused amounts remaining in the HCSA from the 2024 Plan Year and the remaining $300 will be paid out of amounts allocated to your HCSA for 2025. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Medical Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use HCSA amounts to reimburse Eligible Employment Related Expenses and DCSA amounts may not be used to reimburse Eligible Medical Expenses. Q- annual amount I have elected for the Health Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Medical Expenses you have incurred and the annual coverage level you have elected. Any amount allocated to a HCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide reimbursement for Eligible Medical Expenses incurred during the Plan Year that are submitted for reimbursement within the Run-Out Period described in the Plan Information Summary. Amounts so forfeited shall be used to offset administrative expenses and future costs, and/or applied in a manner that is consistent with applicable rules and regulations (per the Plan discretion). The Plan Administrator will determine what this amount is on a uniform basis, consistent with applicable law and IRS interpretations. Notwithstanding any other provision of this Plan, an individual who has selected a Qualified Reservist Distribution shall be considered to have made such election as an alternative to continuation coverage or USERRA coverage continuation for the HCSA (except as may otherwise be required by applicable law). Q-14. What happens if a Claim for Benefits under the Health Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. Page 147 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 14 Q-15. What happens to unclaimed Health Care Spending Account Reimbursements? Any HCSA reimbursement benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Medical Expense was incurred shall be forfeited. Q-16. What is Continuation Coverage? Federal law requires most private and governmental employers sponsoring group health plans to offer employees and their families the opportunity for a temporary extension of health care coverage (called otherwise end. These rules apply to this HCSA, unless the Employer sponsoring the HCSA is not subject - a church plan). The Plan Administrator can tell you whether the Employer is subject to federal continuation rules (thus subject to the following rules). These rules are intended to summarize the continuation rights set forth under federal law. If federal law changes, only the rights provided under applicable federal law will apply. To the extent that any greater rights are set forth herein, they shall not apply. W hen Coverage May Be Continued ion Coverage if they lose coverage as a result Dependent child at the time of the Qualifying Event. A Qualified Beneficiary has the right to continue coverage if he or she loses coverage as a result of certain Qualifying Events. The table below describes the qualifying events that may entitle a Qualified Beneficiary to continuation coverage: Covered Employee Covered Spouse Covered Dependent employment or reduction in hours of employment X X X 2. Divorce or Legal Separation X 3. Child ceasing to be an eligible Dependent X 4. Death of the covered Employee X X There are special rules pertaining to Health Care Spending Accounts that determine when continuation coverage is extended. Continuation Coverage is only extended when year-to-date deposits exceed year-to- date claims paid. T ype of Continuation Coverage If you choose Continuation Coverage, you may continue the level of coverage you had in effect immediately preceding the Qualifying Event. However, if Plan benefits are modified for similarly situated active Employees, then they will be modified for you and other Qualified Beneficiaries as well. Page 148 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 15 After electing Continuation Coverage, you will be eligible to make a change in your benefit election with respect to the HCSA upon the occurrence of any event that permits a similarly situated active Employee to make a benefit election change during a Plan Year. If you do not choose Continuation Coverage, your coverage under the HCSA will end with the date you would otherwise lose coverage. N otice Requirements You or your covered Dependents (including your Spouse) must notify the continuation coverage Administrator identified in the Plan Information Summary in writing of a divorce, legal separation, or a child losing Dependent status under the Plan within 60 days of the later of the date of the event or the date on which coverage is lost because of the event. Your written notice must identify the Qualifying Event, the date of the Qualifying Event, and the Qualified Beneficiaries impacted by the qualifying event. When the continuation coverage Administrator is notified that one of these events has occurred, the Plan Administrator will in turn notify you that you have the right to choose Continuation Coverage by sending you the appropriate election forms. Notice to an Employee's Spouse is treated as notice to any covered Dependents who reside with the Spouse. You may be required to provide additional supporting documentation. An Employee or covered Dependent is responsible for notifying the continuation coverage Administrator if he or she becomes covered under another group health plan. E lection Procedures and Deadlines Each Qualified Beneficiary is entitled to make a separate election for continuation coverage under the Plan if they are not otherwise covered as a result of another Qualified Ben Continuation Coverage, you must complete the Election Form(s) within 60 days from the date you would lose coverage for one of the reasons described above or the date you are sent notice of your right to elect Continuation Coverage, whichever is later and send it to the continuation coverage Administrator identified in the Plan Information Summary. Failure to return the election form within the 60-day period will be considered a waiver of your Continuation Coverage rights. Cost You will have to pay the entire cost of your Continuation Coverage. The cost of your Continuation Coverage will not exceed 102% of the applicable premium for the period of Continuation Coverage. The first contribution after electing Continuation Coverage will be due 45 days after you make your election. Subsequent contributions are due the first day of each month; however, you have a 30-day grace period following the due date in which to make your contribution. Failure to make contributions within this time period will result in automatic termination of your Continuation Coverage. When Continuation Coverage Ends The maximum period for which coverage may be continued is the end of the Plan Year in which the Qualifying Event occurs. However, in certain situations, the maximum duration of coverage may be 18 or 36 months from the Qualifying Event (depending on the type of qualifying event and the level of Non- Page 149 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 16 as the HCSA and the elective Contributions provided by the Employer). You will be notified of the applicable maximum duration of Continuation Coverage when you have a Qualifying Event. Regardless of the maximum period, Continuation Coverage may end earlier for any of the following reasons: a. If the contribution for your Continuation Coverage is not paid on time or it is significantly insufficient (Note: if your payment is insufficient by the lesser of 10% of the required premium, or $50, you will be given 30 days to cure the shortfall); b. If you become covered under another group health plan and are not actually subject to a pre- existing condition exclusion limitation; c. If you become entitled to Medicare; or d. If the Employer no longer provides group health coverage to any of its Employees. Q-17. Will my health information be kept confidential? health privacy policies. Q-18. How long will the Health Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the Plan or any of its Component Programs at any time and for any reason. Page 150 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 17 Group health plans and health insurance issuers generally may not, under federal law, restrict benefits for any hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following a vaginal delivery, or less than 96 hours following a cesarean section. However, federal law generally does not prohibit the mother's or newborn's attending provider, after consulting with the mother, from discharging the mother or her newborn earlier than 48 hours (or 96 hours, as applicable). In any case, plans and issuers may not, under federal law, require that a provider obtain authorization from the plan or the issuer for prescribing a length of stay not in excess of 48 hours (or 96 hours). Page 151 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 18 CITY OF CHULA VISTA FLEXIBLE BENEFITS PLAN SUMMARY PLAN DESCRIPTION Dependent Care Spending Account Component Summary Q-1. Who can participate in the Dependent Care Spending Account? Each Employee who satisfies the DCSA Eligibility Requirements is eligible to participate in the DCSA on the DCSA Eligibility Date. The DCSA Eligibility Requirements and Eligibility Date are described in the Plan Information Summary. Q-2. How do I become a Participant? If you have otherwise satisfied the DCSA Eligibility Requirements, you become a Participant in the DCSA by electing Dependent Care Reimbursement benefits during the Initial or Annual Election Periods described in Q-6 of the Cafeteria Plan Component Summary. Your participation in the DCSA will be effective on the date that you make the election or your DCSA Eligibility date, whichever is later. See the Plan Information d you want to participate during the next Plan Year, you may be required to make an election during the Annual Election deemed to have elected to continue your Benefit Plan Option elections in affect as of the end of the Plan Year in which the Annual Election Period took place. You may also become a Participant if you experience a Change in Status Event or Cost or Coverage Change that permits you to enroll mid-year (See Q-7 of the Cafeteria Plan Component Summary for more details regarding mid-year election changes and the effective date of those changes). Q- If you elect t to keep a record of the reimbursements you are entitled to, as well as the contributions you elected to withhold for such benefits during the Plan Year. No actual account is established; it is merely a bookkeeping account. Q-4. When does my coverage under the Dependent Care Spending Account end? Your coverage under the DCSA ends on the earlier of the following to occur. See the Plan Information Summary for your Empl a. The date you elect not to participate in accordance with the Cafeteria Plan Component Summary; b. The last day of the Plan Year unless you make an election during the Annual Election Period; c. The date you no longer satisfy the DCSA Eligibility Requirements; d. The date you terminate employment; or Page 152 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 19 e. The date the Plan is terminated or you or the class of eligible Employees of which you are a member are specifically excluded from the Plan. Q-5. Can I ever change my Dependent Care Spending Account election? You can change your election under the DCSA in the following situations: a. For any reason during the Annual Election Period. You can change your election during the Annual Election Period for any reason. The election change will be effective the first day of the Plan Year following the end of the Annual Election Period. b. Following a Change in Status Event or Cost or Coverage Change . You may change your DCSA election during the Plan Year only if you experience an applicable Change in Status Event or there is a significant Cost or Coverage change. See Q-7 of the Cafeteria Plan Component Summary for more information on election changes. Q-6. What happens to my Dependent Care Spending Account if I take an unpaid leave of absence? Refer to the Cafeteria Plan Component Summary and the Election Change Chart to determine what, if any specific changes you can make during a leave of absence. Q-7. What is the maximum annual Dependent Care Spending Account Reimbursement that I may elect under the Dependent Care Spending Account? The annual amount cannot exceed the maximum DCSA reimbursement amount specified in Internal Revenue Code Section 129. The IRS Code Section 129 maximum amount is currently $5,000 per calendar year if you: a. Are married and file a joint return; b. Are married, but your Spouse maintains a separate residence for the last 6 months of the calendar year, you file a separate tax return, and you furnish more than one-half the cost of maintaining those Dependents for whom you are eligible to receive tax-free reimbursements under the DCSA; or c. Are single. If you are married and reside together, but file a separate federal income tax return, the maximum Dependent Care Spending Account Reimbursement that you may elect is $2,500. In addition, the amount of reimbursement that you receive on a tax-free basis during the Plan Year cannot exceed the lesser of the earned income (as defined in Code Section 32) or your Spouse earned income. Your Spouse will be deemed to have earned income of $250 if you have one Qualifying Individual and $500 if you have two or more Qualifying Individuals (described below), for each month in which your Spouse is: a. Physically or mentally incapable of caring for himself or herself; or b. A full-time student (as defined by Code Section 21). Page 153 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 20 Q-8. How do I pay for Dependent Care Spending Account Reimbursements? When you complete the Salary Reduction Agreement or Election Form, you specify the amount of DCSA Reimbursement you wish to pay for with Pretax Contributions and/or Non-elective Employer Contributions, to the extent available. Your enrollment material will indicate if Non-elective Contributions are available for DCSA coverage. Thereafter, each paycheck will be reduced by an amount equal to a pro- rata share of the annual contribution, reduced by any Non-elective Employer Contributions allocated to your DCSA. Q-9. - a reimbursement? You may be reimbursed for work-r -Related all of the following conditions for it to be an Eligible Employment Related Expense: a. The expense is incurred for services rendered after the date of your election to receive DCSA reimbursement benefits and during the calendar year to which it applies. b. Individual is: (i) An individual age 12 or under who is a "qualifying child" of the Employee as defined in Code Section 152(a)(1). Generally speaking, a "qualifying child" is a child (including a brother, sister, step sibling) of the Employee or a descendant of such child (e.g. a niece, nephew, grandchild) who shares the same principal place of abode with you for more than half the year and does not provide over half of his/her support. (ii) A Spouse or other tax Dependent (as defined in Code Section 152) who is physically or mentally incapable of caring for himself or herself and who has the same principal place of abode as you for more than half of the year. Note: There is a special rule for children of divorced parents. If you are divorced, the child Code Section 152); c. The expense is incurred for the care of a Qualifying Individual (as described above), or for related household services, and is incurred to enable you (and your Spouse, if applicable) to be gainfully employed. Expenses for overnight stays or overnight camps are not eligible. Tuition expenses for kindergarten (or above) do not qualify. d. If the expense is incurred for services outside your household and such expenses are incurred for the care of a Qualifying Individual who is age 13 or older, such Dependent must regularly spend at least 8 hours per day in your home. e. If the expense is incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center complies with all applicable state and local laws and regulations. Page 154 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 21 f. is under age 19 the entire year in which the expense is incurred or an individual for whom you or your Spouse is entitled to a personal tax exemption as a Dependent. g. You must supply the taxpayer identification number for each dependent care service provider to the IRS with your annual tax return by completing IRS Form 2441. for further guidance as to what is or is not an Eligible Employment-Related Expense if you have any doubts. In order to exclude from income the amounts you receive as reimbursement for dependent care expenses, you are generally required to provide the name, address, and taxpayer identification number of the dependent care service provider on your federal income tax return. Q-10. How do I receive reimbursement under the Dependent Care Spending Account? Under this DCSA, you have two reimbursement options. You can complete and submit a written Claim request payment directly to your work. When you incur an Eligible Employment-Related Expense, you file a claim with the Plan's Third Party Administrator by completing and submitting a Claim Form. You may obtain a Claim Form at www.healthequity.com. Simply enter your username and password, or select First Time User to complete the online registration process to access your account online. You must include with your Pay Me Back Claim Form a written statement from an independent third party (e.g., a receipt, etc.) associated with each expense that indicates the following: a.The date(s) the expense was incurred; b.The nature of the expense (e.g., what type of service was provided); and c.The amount of the expense. The Third Party Administrator will process the claim once it receives the Pay Me Back Claim Form from you. Reimbursement for expenses that are determined to be Eligible Employment-Related Expenses will be made as soon as possible after receiving the claim and processing it. If the expense is determined to not be an - must submit all claims for reimbursement for Eligible Employment-Related Expenses during the Plan Year in which they were incurred or during the Claim-It-By or Run-Out Period. The Run-Out Period is described in the Plan Information Summary. If your claim was for an amount that was more than your current DCSA balance, the excess part of the claim will be carried over into following months, to be paid out as your balance becomes adequate. without regard to whether you have paid for the service. Payments for advance services are not reimbursable because they have not yet been incurred. For example, Employee A pays the monthly day care fee on January 1 and then submits a copy of the receipt on January 3. The expense for the entire month is not reimbursable until the services for that month have been performed. In addition, you must certify with each claim that you have not been reimbursed for the expense(s) from any other source and you will not seek reimbursement from any other source. Page 155 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 22 Q-11. When must the expenses be incurred in order to receive reimbursement? Eligible Employment-Related Expenses must be incurred during the Plan Year. You may not be reimbursed for any expense arising before the DCSA become effective, before your Salary Reduction Agreement or Election Form becomes effective, or for any expenses incurred after the close of the Plan Year and unless noted otherwise in the Plan Information Summary, after your participation the DCSA ends. that follows the end of the Plan Year during which amounts you have allocated to the DCSA that is unused at the end of the Plan Year may be used to reimburse Eligible Employment Related Expenses incurred during the Grace Period. The Grace Period will begin on the first day of the Plan Year following the effective date and will end two (2)months and fifteen (15) days later. For example, if the Plan Year ends December 31, 2024, the Grace Period begins January 1, 2024 and ends March 15, 2025. In order to take advantage of the Grace Period, you must be a Participant in the DCSA on the last day of the Plan Year to which the Grace Period relates. The following additional rules will apply to the Grace Period: Eligible Employment Related Expenses incurred during a Grace Period and approved for reimbursement will be paid first from available amounts that were remaining at the end of the Plan Year to which the Grace Period relates and then from any amounts that are available to reimburse expenses incurred during the current Plan Year. For example, assume that $200 remains in the DCSA sub-account at the end of the 2023 Plan Year and further assume that you have elected to allocate $2,400 to the DCSA for the 2024 Plan Year. If you submit for reimbursement an Eligible Employment Related Expense of $500 that was incurred on the March 15, 2024, $200 of your claim will be paid out of the unused amounts remaining in the DCSA from the 2023 Plan Year and the remaining $300 will be paid out of amounts allocated to your DCSA for 2024. Expenses incurred during a Grace Period must be submitted before the end of the Run-Out Period described in this SPD. This is the same Run-Out Period for expenses incurred during the Plan Year to which the Grace Period relates. Any unused amounts from the end of a Plan Year to which the Grace Period relates that are not used to reimburse Eligible Employment Related Expenses incurred either during the Plan Year to which the Grace Period relates or during the Grace Period will be forfeited if not submitted for reimbursement before the end of the Run-Out Period. You may not use DCSA amounts to reimburse Eligible Medical Expenses and HCSA amounts may not be used to reimburse Eligible Employment Related Expenses. Page 156 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 23 Q- - than the annual amount of coverage I have elected for Dependent Care Spending Account Reimbursement? You will not be entitled to receive any direct or indirect payment of any amount that represents the difference between the actual Eligible Employment-Related Expenses you have incurred, on the one hand, and the annual DCSA reimbursement you have elected and paid for, on the other. Any amount credited to a DCSA shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide the elected reimbursement for any Plan Year by the end of the Claim-It-By or Run-Out Period following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset reasonable administrative expenses and future costs and/or otherwise permitted under applicable law. Q-13. Will I be taxed on the Dependent Care Spending Account benefits I receive? You will not normally be taxed on your DCSA reimbursements so long as your family aggregate DCSA reimbursement (under this DCSA and/or ano reimbursement limits described above. However, to qualify for tax-free treatment, you will be required to list the names and taxpayer identification numbers on your annual tax return of any persons who provided you with dependent care services during the calendar year for which you have claimed a tax-free reimbursement. Q-14. If I participate in the Dependent Care Spending Account, will I still be able to claim the household and dependent care credit on my federal income tax return? You may not claim any other tax benefit for the tax-free amounts received by you under this DCSA, although the balance of your Eligible Employment-Related Expenses may be eligible for the dependent care credit. Q-15. What is the household and dependent care credit? The household and dependent care credit is an allowance for a percentage of your annual, Eligible Employment-Related Expenses as a credit against your federal income tax liability under the U.S. Tax Code. In determining what the tax credit would be, you may take into account $3,000 of such expenses for one Qualifying Individual, or $6,000 for two or more Qualifying Individuals. Depending on your adjusted gross income (AGI), the percentage could be as much as 35% of your Eligible Employment- Related Expenses (to a maximum credit amount of $1,050 for one Qualifying Individual or $2,100 for two or more Qualifying Individuals), to a minimum of 20% of such expenses. The maximum 35% rate must be reduced by 1% (but not below 20%) for each $2,000 portion (or any fraction of $2,000) of your adjusted gross incomes over $15,000 for taxable years beginning after 2002 and before 2013. Illustration: Assume you have one Qualifying Individual for whom you have incurred Eligible Employment-Related Expenses of $3,600, and that your adjusted gross income is $21,000. Since only one Qualifying Individual is involved, the credit will be calculated by applying the appropriate percentage to the first $3,000 of the expenses. The percentage is, in turn, arrived at by subtracting one percentage point from 35% for each $2,000 of your adjusted gross income over $15,000. The calculation is: 35% -- [$21,000 15,000)/$2,000 x 1% = 32%. Thus, your tax credit would be $3,000 x 32% = $960. If you Page 157 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 24 had incurred the same expenses for two or more Qualifying Individuals, your credit would have been $3,600 x 32% = $1,152, because the entire expense would have been taken into account, not just the first $3,000. Q-16. What happens to unclaimed Dependent Care Spending Account Reimbursements? Any DCSA reimbursements that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Eligible Employment-Related Expense was incurred shall be forfeited. Q-17. What happens if my claim for reimbursement under the Dependent Care Spending Account is denied? You will have the right to a full and fair review process. You should refer to Appendix I for a detailed summary of the Claims Procedures under this Plan. Q-18 How long will the Dependent Care Spending Account remain in effect? Although the Employer expects to maintain the Plan indefinitely, it has the right to modify or terminate the program at any time for any reason. Page 158 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 25 PLAN INFORMATION SUMMARY TO THE CITY OF CHULA VISTA PLAN SUMMARY PLAN DESCRIPTION This Appendix provides information specific to the City of Chula Vista Cafeteria Plan. A. Employer/Plan Sponsor Information 1.Name, address and phone number of Plan Sponsor: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-585-5620 2.Name, address and phone number of Plan Administrator: The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising under the Plan, including the right to make determinations of fact, and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the SPD issued in connection with the Plan. City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 619-585-5620 3. Federal Tax Identification 95-6000690 4. Controlling Law:California 5. Plan Number:501 6. Initial Effective Date: This is the date that the Plan was first established. Prior to 1991 7. Amended and Restated Date:January 1, 2024 8. Initial Plan Year:January 1 through December 31 9. All subsequent Plan Years (If different from 8)-- 10. Affiliated Employers participating in the Plan:N/A 11. Third Party Administrator: HealthEquity/ WageWorks, Inc. 1100 Park Place 4th Floor San Mateo, CA 94403 Page 159 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 26 B.Cafeteria Plan Component Information (a)Cafeteria Plan Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week and who Eligibility Requirements) will be eligible to participate in this Plan on the date of hire properly completing and submitting a Salary Reduction Agreement or Election Form as summarized in this SPD. Eligibility for coverage under any given Benefit Plan Option shall be determined not by this Plan but by the terms of that Benefit Plan Option. (b)Cafeteria Plan Annual Election Rules. With respect to Benefit Plan Option elections, including the HCSA and DCSA elections, failure to make an election during the Annual Election Period will result in the following deemed election(s): HCSA and DCSA - The Employee will be deemed to have elected not to participate during the subsequent plan year. Coverage under the Benefit Plan Options offered under the Plan will end the last day of the Plan Year in which the Annual Election Period occurred. Medical, Dental, and Vision - The Employee will be deemed to have elected to continue his Benefit Plan Option elections in effect as of the end of the plan Year in which the Annual Election Period took place, unless Employee notifies the company in writing of a qualifying status change or at any time before the end of the Plan Year for the following (c)Change of Election Period. If you experience a Change in Status Event or Cost or Coverage Change as described in the Cafeteria Plan Component Summary and in the Election Change Chart, you may make the permitted election changes described in the Election Change Chart either by submitting an Election Change Form within 30 days after the date of the event. If you are participating in an insured arrangement that provides a longer Election Change Period, the Election Change Period described in the insurance policy will apply. (d)Benefits Plan Options: The Employer elects to offer to eligible Employees the following Benefit Plan Option(s) subject to the terms and conditions of the Plan and the terms and conditions of the Benefit Plan Options. These Benefit Plan Option(s) are specifically incorporated herein by reference. The maximum Pretax Contributions a Participant can contribute via the Salary Reduction Agreement is the aggregate cost of the applicable Benefit Plan Options selected reduced by any Non-elective Contributions made by the Employer. It is intended that such Pretax Contribution Page 160 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 30 amounts will, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. 1.Premium Expense Plan (Medical, Dental, Vision) 2.Health Care Spending Account 3.Dependent Care Spending Account C.Health Care Spending Account Component Information (a)HCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full- time or part-time Employee working a minimum of 20 hours per week (HCSA Eligibility Requirements) (b)Annual Health Care Spending Account Amount. The maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $3,050. Effective January 1, 2024, the maximum annual HCSA reimbursement may not exceed the lesser of the HCSA reimbursement amount elected for that year or $3,200. (This amount is indexed to reflect any anticipated cost of living adjustment as assigned by the IRS). The minimum reimbursement amount that may be elected under the HCSA is $0. (c)Coverage Effective Date for Qualified Changes Coverage following a qualified life change will begin on any day of the month following your request for new enrollment or change in enrollment. (d)Coverage End Date for Qualified Changes If coverage is revoked following a qualified life change, coverage will end on any day of the month following the request to revoke coverage. (e)Coverage End Date Under the Health Care Spending Account Coverage will end immediately upon cessation of participation under the HCSA. (f)Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a.The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b.The End-of-Plan Run-Out Period for an Employee who is covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (g)Grace Period. The Grace Period is the two months and fifteen day period after the end of the Plan Year for which Eligible Medical Expenses can continue to be incurred should a balance remain in Page 161 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 31 the account as of the last day of the Plan Year. Each Plan Year the Grace Period will begin January 1 and end March 15. All expenses incurred during the Grace Period with the intent to use up any monies from the previous Plan Year, must be submitted within the End-of-Plan Run-Out Period. (h)Continuation Coverage Administrator.The Continuation Coverage administrator for the HCSA is City of Chula Vista is HealthEquity/WageWorks. (i)Method of Funding. assets. D.Dependent Care Spending Account Component Information (a)DCSA Eligibility Requirements and Eligibility Date. Each Employee who is a regular full-time or part-time Employee working a minimum of 20 hours per week (DCSA Eligibility (b)Annual Dependent Care Spending Account Amount. The maximum annual DCSA reimbursement each calendar year may not exceed the lesser of the DCSA reimbursement amount elected for that year or $5,000 (or $2,500 for married filling separate returns). The minimum reimbursement amount that may be elected under the DCSA is $0. (c)Coverage End Date Under the Dependent Care Spending Account. Coverage will end immediately upon cessation of participation under the DCSA. (d)Run-Out Period (Claim-It-By Date). The Claim-It-By Date/Run-Out Period is the deadline date in which expenses incurred during a coverage period must be submitted to be eligible for reimbursement. Claims must be received by this date to be eligible for reimbursement from the Plan. a.The Mid-Year Run-Out Period for terminated Employees ends 3 months after their termination date. b.The End-of-Plan Run-Out Period for Employees who are covered through the end of the Plan Year ends 3 months after the end of the Plan Year. (e)Method of Funding.assets. Page 162 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 32 APPENDIX I CLAIMS REVIEW PROCEDURE The Plan has established the following claims review procedure in the event you are denied a benefit under this Plan. The procedure set forth below does not apply to benefit claims filed under the Benefit Plan Options other than the Health Care Spending Account and Dependent Care Spending Account. Step 1: Notice of denial is received from Third Party Administrator. If your claim is denied, you will receive written notice from the Third Party Administrator that your claim is denied as soon as reasonably possible, but no later than 30 days after receipt of the claim. For reasons beyond the control of the Third Party Administrator, the Third Party Administrator may take up to an additional 15 days to review your claim. You will be provided written notice of the need for additional time prior to the end of the 30-day period. If the reason for the additional time is that you need to provide additional information, you will have 45 days from the notice of the extension to obtain that information. The time period during which the Third Party Administrator must make a decision will be suspended until the earlier of the date that you provide the information or the end of the 45-day period. Step 2: Review your notice carefully. Once you have received your notice from the Third Party Administrator, review it carefully. The notice will contain: a.The reason(s) for the denial and the Plan provisions on which the denial is based; b.A description of any additional information necessary for you to perfect your claim, why the information is necessary, and your time limit for submitting the information; c.A description of the appeal procedures and the time limits applicable to such procedures; and d.A right to request all documentation relevant to your claim. Step 3: If you disagree with the decision, file an appeal. If you do not agree with the decision of the Third Party Administrator, you may file a written appeal. Your appeal must be received within 180 days of the date you received notice that your claim was denied. You should submit all information identified in the notice of denial as necessary to perfect your claim and any additional information that you believe would support your claim to: WageWorks Claims Appeal Board, P.O. Box 991, Mequon, WI 53092-0991 or fax to 877-220-3248. The Appeal Review Process is documented at www.wageworks.com/hcdcappeals.pdf. Step 4: Second notice of denial is received from Third Party Administrator. If the claim is again denied, you will be notified in writing by the Third Party Administrator as soon as possible but no later than 30 days after receipt of the appeal. Step 5: Review your notice carefully. You should take the same action that you take in Step 2 described above. The notice will contain the same type of information that is provided in the first notice of denial provided by the Third Party Administrator. Step 6: the Plan Administrator. If you st to appeal, you must file a written appeal with the Plan Administrator within the time period set forth in the first level appeal denial notice from the Third Party Administrator. You should gather any Page 163 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 33 additional information that is identified in the notice as necessary to perfect your claim and any other information that you believe will support your claim. If the Plan Administrator denies your second level appeal, you will receive notice within 30 days after the Plan Administrator receives your claim. The notice will contain the same type of information that was referenced in Step 1 above. Important Information Other important information regarding your appeals: a.Health Care Spending Account Only: Each level of appeal will be independent from the previous level (i.e., the same person(s) or subordinates of the same person(s) involved in a prior level of appeal will not be involved in the appeal); b.On each level of appeal, the Third Party Administrator will review relevant information that you submit even if it is new information; and c.You cannot file suit in federal court until you have exhausted these appeals procedures. Page 164 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 34 APPENDIX II TAX ADVANTAGES EXAMPLE As indicated in the SPD, participating in the Plan can actually increase your take home pay. Consider the following example: You are married and have one child. The Employer pays for 80% of your medical insurance premiums, but only 40% for your family. You pay $2,400 in premiums ($400 for your share of the Employee-only premium, plus $2,000 for family coverage under the Employer's major medical insurance plan). You earn $50,000 and your Spouse (a student) earns no income. You file a joint tax return. If you participate in the Cafeteria Plan If you do not participate in the Cafeteria Plan 1. Gross Income $50,000 $50,000 2. Salary Reductions for Premiums $2,400 (pretax) $0 3. Adjusted Gross Income $47,600 $50,000 4. Standard Deduction ($9,700) ($9,700) 5. Exemptions ($9,300) ($9,300) 6. Taxable Income $28,600 $31,000 7. Federal Income Tax (Line 6 x applicable tax schedule) ($3,590) ($3,904) 8. FICA Tax (7.65% x Line 3 Amount ($3,641) ($3,825) 9. After-tax Contributions ($0) ($2400) 10. Pay After Taxes and Contributions $40,365 $39,821 11. Take Home Pay Difference $544 Page 165 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 35 APPENDIX III ELECTION CHANGE CHART The following is a summary of the election changes that are permitted under this Plan. However, please note that election changes that are permitted under this Plan may not be permitted under the Benefit Plan Option (e.g., the insurance carrier may not allow a change). If a change is not permitted under a Benefit Plan Option, no election change is permitted under the Plan. Likewise, a Benefit Plan Option may allow an election change that is not permitted by this Plan. In that case, your pretax reduction may not be changed even though a coverage change is permitted. First, we describe the general rules regarding election changes that are established by the IRS. Then, you should look to the chart to determine under what circumstances you are permitted to make an election under this Plan and the scope of the changes you may make. 1.Change in Status. Dependent experiences one of the Change in Status Events set forth in the chart. The election change must be on account of and correspond with the Change in Status Event as determined by the Plan Administrator (or its designated Third Party Administrator). With the exception of enrollment resulting from birth, placement for adoption or adoption, all election changes are prospective (generally the first of the month following the date you make a new election with the Third Party Administrator but it may election change will be found to be consistent with a Change in Status Event if the event the Change in Status affects eligibility for coverage. A Change in Status affects eligibility for coverage if it results in an increase or decrease in the number of Dependents who may benefit under the Plan. In addition, you must also satisfy the following specific requirements in order to alter your election based on that Change in Status: Loss of Dependent Eligibility. For accident and health benefits (e.g., health, dental and vision coverage), a special rule governs which types of election changes are consistent with the Change in Status. For a Change in Status involving a divorce, annulment or legal separation, the death of a Spouse or Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, an election to cancel accident or health benefits for any individual other than the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements, would fail to correspond with that Change in Status. Hence, you may only cancel accident or health coverage for the affected Spouse or Dependent. However, there are instances in which you may be able to increase your Pretax Contributions to pay for continuation coverage of a Dependent. Contact the Third Party Administrator for more information. Example: Employee Mike is married to Sharon, and they have one child. The Employer offers a calendar year cafeteria plan that allows employees to elect no health coverage, employee- only coverage, employee-plus-one-dependent coverage, or family coverage. Before the plan year, Mike elects family coverage for himself, his wife Sharon, and their child. Mike and Sharon subsequently divorce during the plan year; Sharon loses eligibility for coverage under the plan, while the child is still eligible for coverage under the plan. Mike now wishes to cancel his previous election and elect no health coverage. The divorce between Mike and Sharon constitutes a Change in Status. An election to cancel coverage for Sharon is Page 166 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 36 consistent with this Change in Status. However, an election to cancel coverage for Mike and/or the child is not consistent with this Change in Status. In contrast, an election to change to employee-plus-one-dependent coverage would be consistent with this Change in Status . . For a Change in Status in which a the Particip or decrease coverage for that individual under the Plan would correspond with that Change in Status only if coverage for that individual becomes effective or is increa plan. Dependent Care Spending Account Benefits. With respect to the Dependent Care Spending Account benefit, an election change is permitted only if (1) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under the Plan; or (2) the election change is on account of and corresponds with a Change in Status that affects the eligibility of Dependent Care Spending Account expenses for the available tax exclusion. Example: Employee Mike is married to Sharon, and they have a 12 year-old daughter. The its cafeteria plan. Mike elects to reduce his salary by $2,000 during a plan year to fund dependent care coverage for his daughter. In the middle of the plan year when the daughter turns 13 years old, however, she is no longer eligible to participate in the dependent care program. This event constitutes a Change in Status. Mi the dependent care program would be consistent with this Change in Status. Group Term Life Insurance, Disability Income, or Dismemberment Benefits (if offered under the Plan. See the list of Benefit Plan Options offered under the Plan). For group term life insurance, disability income and accidental death and dismemberment benefits only if a Participant experiences any Change in Status (as described above), an election to either increase or decrease coverage is permitted. s plan offers a cafeteria plan which funds group-term life insurance coverage (and other benefits) through salary reduction. Before the plan year Mike elects $10,000 of group-term life insurance. Mike and Sharon subsequently divorce during the plan year. The divorce constitutes a Change in Status. An election by Mike either to increase or to decrease his group-term life insurance coverage would each be consistent with this Change in Status. 2.Special Enrollment Rights. special enrollment rights under a Benefit Plan Option that is a group health plan, an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Dependents because of outside medical coverage and eligibility for such coverage is subsequently lost due to certain reasons (e.g., due to legal separation, divorce, death, termination of Page 167 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 37 employment, reduction in hours, or exhaustion of a coverage continuation period), the Employee may be able to elect medical coverage under the Plan for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee gains a new Dependent as a result of marriage, birth, adoption, or placement for adoption, the Employee may also be able to enroll a request for enrollment is made within the Change of Election Period. An election change that corresponds with a special enrollment must be prospective, unless the special enrollment is attributable to the birth, adoption, or placement for adoption of a child, which may be retroactive up to 30 days. Please refer to the group health plan summary description for an explanation of special enrollment rights. Effective April 1, 2009, if an otherwise eligible Employee (1) loses coverage under a Medicaid Plan Program (SCHIP) under Title XXI of the Social Security Act; or (3) becomes eligible for group health plan premium assistance under Medicaid or SCHIP, the Employee is entitled to special enrollment rights under a Benefit Plan Option that is a group health plan, and an election change to correspond with the special enrollment right is permitted. Thus, for example, if an otherwise eligible Employee because of medical coverage under Medicaid or SCHIP and eligibility for such coverage is subsequently lost, the Employee may be able to elect medical coverage under a Benefit Option for the Employee and his or her eligible Dependents who lost such coverage. Furthermore, if an otherwise eligible Employee and/or Dependent gains eligibility for group health plan premium assistance from Dependent, provided that a request for enrollment is made within the 60 days from the date of the loss of other coverage or eligibility for premium assistance. Please refer to the group health plan summary description for an explanation of special enrollment rights. 3.Certain Judgments, Decrees and Orders. If a judgment, decree or order from a divorce, separation, annulment or custody change requires a Dependent child (including a foster child who is your tax Dependent) to be covered under this Plan, an election change to provide coverage for the Dependent child identified in the order is permissible. If the order requires that another individual (such as your former Spouse) cover the Dependent child, and such coverage is actually provided, you may change your election to revoke coverage for the Dependent child. 4. coverage. 5.Change in Cost. If the cost of a Benefit Plan Option significantly increases, a Participant may choose either to make an increase in contributions, revoke the election and receive coverage under another Benefit Plan Option that provides similar coverage, or drop coverage altogether if no similar coverage exists. If the cost of a Benefit Plan Option significantly decreases, a Participant who elected to participate in another Benefit Plan Option may revoke the election and elect to receive coverage provided under the Benefit Plan Option that decreased in cost. In addition, otherwise eligible Entitlement to Medicare or Medicaid. dicare Page 168 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 38 Employees who elected not to participate in the Plan may elect to participate in the Benefit Plan Option that decreased in cost. For insignificant increases or decreases in the cost of Benefit Plan Options, however, Pretax Contributions will automatically be adjusted to reflect the minor change in cost. The Plan Administrator will have final authority to determine whether the requirements of this section are met. (Please note that none of the above "Change in Cost" exceptions are applicable to a Health Care Spending Account.) Example: E insurance coverage. If the cost of this option significantly increases during a period of coverage, the Employee may make a corresponding increase in his payments or may instead revoke his election and elect coverage under an HMO option. 6.Change in Coverage. If coverage under a Benefit Plan Option is significantly curtailed, a Participant may elect to revoke his or her election and elect coverage under another Benefit Plan Option that provides similar coverage. If the significant curtailment amounts to a complete loss of coverage, a Participant may also drop coverage if no other similar coverage is available. Further, if the Plan adds or significantly improves a benefit option during the Plan Year, a Participant may revoke his or her election and elect to receive, on a prospective basis, coverage provided by the newly added or significantly improved option, so long as the newly added or significantly improved option provides similar coverage. Also, a Participant may make an election change that is on account of and corresponds with a change made under another employer plan (including a plan of the Employer or another employer), so long as: (a) the other employer plan permits its participants to make an election change permitted under the applicable Treasury regulations; or (b) the Plan Year for this Plan is different from the Plan Year of the other employer plan. Finally, a Participant may change his or her election to add individual(s) loses coverage under any group health coverage sponsored by a governmental or educational institution. The Plan Administrator will have final discretion to determine whether the requirements of this section are met. (Please note that none of the above "Change in Coverage" exceptions are applicable to the Health Care Spending Account.) The following is a chart reflecting the election changes that may be made under the Plan with respect to each Benefit Plan Option. In addition, election changes that are permitted under this Plan are subject to any limitations imposed by the Benefit Plan Options. If an election change is permitted by this Plan but not by the Benefit Plan Option, no election change under this Plan is permitted. Page 169 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 39 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage I. Change in Status 1. Gain Spouse (marriage) Employee may enroll or increase election for newly eligible Spouse and Dependent children (Note: Under - interpretation, new and preexisting Dependents may be enrolled); coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase election for newly eligible Spouse or Dependents, or likely decrease election if Employee or Dependents become an eligible Dependent under plan (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase to accommodate newly eligible Dependents or decrease or cease coverage if new Spouse is not employed or makes a DCSA coverage election under Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. only when such coverage becomes effective or is increased under the S Also, see HIPAA special enrollment rule below. 2. Lose Spouse (divorce, legal Employee may revoke election only for Same as previous column (Note: Employee may decrease election Employee may enroll or increase to Employee may enroll, increase, separation, annulment, death of Spouse) (See loss of Dependent eligibility Spouse; coverage option (e.g., HMO to PPO) change may be made; Employee may HIPAA special enrollment rights likely do not apply). for former Spouse who loses eligibility (Note: HIPAA special accommodate newly eligible Dependents (e.g., due to death of spouse) or decrease or decrease, or cease coverage even when eligibility is not impacted. below for discussion of Dependent eligibility loss following divorce, elect coverage for self or Dependents who lose eligibility under enrollment rights likely do not apply). Employee may enroll or cease coverage if eligibility is lost (e.g., because Dependent now resides with ex- separation, etc.)individual loses increase election Spouse). eligibility as a result where coverage of the divorce, legal separation, annulment, health plan. or death. (Note: - any Dependents may be enrolled so long as at least one Dependent has lost coverage plan.) Page 170 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 40 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 1. Gain Dependent (birth, adoption) Employee may enroll or increase coverage for newly-eligible Dependent (and any other Dependents who were not previously covered under IRS - coverage option (e.g., HMO to PPO) change may be made; Employee may revoke or decrease Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Same as previous column (Note: HIPAA special enrollment rights likely do not apply). Employee may enroll or increase to accommodate newly eligible Dependents (and any other Dependents who were not previously covered under IRS - Employee may enroll, increase, decrease, or cease coverage even when eligibility is not impacted. if Employee becomes eligible under see HIPAA special enrollment rule below. 2. Lose Dependent Employee may drop Same as previous Employee may Employee may Employee may (death)coverage only for the column. decrease or cease decrease election for enroll, increase, Dependent who loses election for Dependent who loses decrease, or cease eligibility; coverage Dependent who eligibility. coverage even when option (e.g., HMO to loses eligibility. eligibility is not PPO) change may be impacted. made. C. Change in Employment Status of Employee, Spouse, or Dependent That Affects Eligibility 1. Commencement of Employment by Employee, Spouse, or Dependent (or Other Change in Employment Status) That Triggers Eligibility a. Commencement Provided eligibility Same as previous Same as previous Same as previous Employee may of Employment by Employee or was gained for this coverage, Employee column. column. column. enroll, increase, decrease, or cease Other Change in Employment may add coverage for Employee, Spouse or coverage even when eligibility is not Status (e.g., PT to FT, hourly to salaried, etc.) Dependents and coverage option (e.g., HMO to PPO) change impacted. Triggering Eligibility Under Component Plan may be made. Page 171 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 40 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage b. Commencement of Employment by Spouse or Dependent or Other Employment Event Triggering Eligibility Under Plan Employee may revoke or decrease election as if Employee, Spouse or Dependent is added coverage; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may apparently decrease or cease HCSA election if gains eligibility for health coverage Employee may make or increase election to reflect new eligibility (e.g., if Spouse previously did not work). Employee may revoke election as to if Dependent is added Employee may enroll, increase, decrease or cease coverage even when eligibility is not impacted. 2. Termination of Employment by Employee, Spouse, or Dependent (or Other Change in Employment-Status) That Causes Loss of Eligibility a. Termination of Employee may revoke or decrease election for Employee, Spouse or Dependents who lose eligibility under the plan. In addition, other previously eligible Dependents may also be enrolled - rule. Coverage option (HMO to PPO) change may be made. Same as previous Same as previous Employee may revoke Employee may column. column. or decrease election to enroll, increase, Employment or Other Change in reflect loss of eligibility. decrease or cease coverage even when Employment Status (e.g., unpaid leave, FT eligibility is not affected. to PT, strike, salaried to hourly, etc.) Resulting in a Loss of Eligibility i. Termination Prior elections at Same as previous Same as previous Same as previous Same as previous and Rehire termination are column. column. column. column. Within 30 Days reinstated unless another event has occurred that allows a change (as an alternative, Employer may prohibit participation until next plan year). ii. Termination and Rehire After 30 Days Employee may make new elections. Same as previous column. Same as previous column. Same as previous column. Same as previous column. b. Termination of Employee may enroll or increase election for Employee, Spouse or Dependents who lose eligibility under addition, other previously eligible Dependents may also be enrolled under - Same as previous Employee may Employee may enroll Employee may column (Note: HIPAA special enroll or increase HCSA election if or increase if Spouse or Dependent loses enroll, increase, decrease or cease Employment (or other change in employment status resulting in a loss of eligibility under enrollment rights likely do not apply). Spouse or Dependent loses eligibility for health coverage (Note: HIPAA special enrollment rights eligibility for DCSA. Employee may decrease or cease DCSA election if employment renders even when eligibility is not affected. plan) likely do not Dependents ineligible. apply). Page 172 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 41 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Coverage option (e.g., HMO to PPO) change may be made; See HIPAA special enrollment rule below. D. 1. Event by Which Dependent Satisfies Eligibility Requirements Under Employee may enroll or increase election for affected Dependent. In addition, Employee may apparently add previously eligible (but not enrolled) Dependents under - coverage option (e.g., HMO to PPO) change may be made. Same as previous column. Employee may increase election or enroll only if Dependent gains Employee may increase election or enroll to take into account expenses of Employee may enroll, increase, decrease or cease even when eligibility eligibility under affected Dependent. is not affected. (attaining a specified age, becoming single, becoming a student, etc.) HCSA. 2. Event by Which Dependent Ceases to Satisfy Eligibility Requirements Under Employee may decrease or revoke election only for affected Dependent. Same as previous column. Employee may decrease election to take into account ineligibility of Employee may decrease or drop election to take into account expenses of Employee may enroll, increase, decrease or cease coverage even when Coverage option (e.g., expenses of affected Dependent. eligibility is not (attaining a specified age, getting married, ceasing to be a student, etc.) HMO to PPO) change may be made. affected Dependent, but only if eligibility is lost. affected. E. Change in Place of Residence of Employee, Spouse, or Dependent 1. Move Triggers Eligibility Employee may enroll or increase election for newly eligible Employee, Spouse, or Dependent. Also, other previously eligible Dependents may be re-enrolled - rule; coverage option (e.g., HMO to PPO) change may be made. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may increase or decrease eligibility is not affected. Page 173 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 42 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage 2. Move Causes Loss of Eligibility (e.g., Employee or Dependent moves outside HMO service area) Employee may revoke election or make new election if the change in residence affects eligibility for coverage option. Same as previous column. No change allowed, even if underlying health coverage change occurs. N/A. Dependent care eligibility is not generally affected by place of residence (but see change in coverage below). Employee may enroll, increase, decrease or cease even when eligibility is not affected. II. Cost Changes With Automatic Increase/Decrease in Elective Contributions (including Employer-motivated changes and changes in Employee contribution rates) Plan may automatically increase or decrease (on a reasonable and consistent basis) Same as previous column. No change permitted. Application is unclear. Presumably, plan may automatically increase or decrease (on a reasonable and consistent basis) Same as Major Medical column. elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. elective contributions under the plan, so long as the terms of the plan require Employees to make such corresponding changes. III. Significant Cost Changes Significant Cost Same as previous No change Same as Major Same as Major Increase: Affected column. permitted. Medical column for Medical column. Employee may significant cost increase election increase, except no correspondingly OR change can be made revoke election and when the cost change elect coverage under is imposed by a another benefit plan Dependent care option providing provider who is a similar coverage. If relative of the no option providing Employee. similar coverage is available, Employee may revoke election. Significant Cost Decrease: Employees may elect coverage (even if had not participated before) with decreased cost, and may drop election for similar coverage Page 174 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 43 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage option. Though unclear, it appears that tag-along concepts may apply. IV. Significant Coverage Curtailment (With or Without Loss of Coverage) Without Loss of Same as previous No change Election change may Same as Major Coverage: Affected column. permitted. apparently be made Medical column. participant may whenever there is a revoke election for change in provider or curtailed coverage and a change in hours of make new prospective Dependent care. election for coverage under another benefit plan option which provides similar coverage. With Loss of Coverage: Affected participant may revoke election for curtailed coverage and make new prospective election for coverage under another benefit plan option which provides similar coverage OR drop coverage if no similar benefit plan option is available. V. Addition or Significant Improvement of Benefit Plan Option Eligible employees Same as previous No change Eligible employees Same as previous (whether currently column. permitted. (whether currently column. participating or not) participating or not) may revoke their may revoke their existing election and existing election and elect the newly added elect the newly added (or newly improved) (or newly improved) option. option. Though unclear, it appears that tag-along concepts may apply. Page 175 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 44 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage (In order for election changes to be permitted under this exception, the election change must be on account of and correspond with the change in coverage must permit elections specified under the applicable regulations and an election must actually be made under suc Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other Same as previous column. No change permitted. Employee may decrease or revoke election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding increased coverage under other Same as previous column. Employee may enroll or increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other plan. Same as previous column. No change permitted. Employee may increase election for Employee, Spouse, or Dependents if Employee, Spouse, or Dependents have elected or received corresponding decreased coverage under other Same as previous column. C. Open Enrollment Under Plan of Other Employer Corresponding changes can be made plan. Corresponding changes can be made under No change permitted. Corresponding changes can be made plan. Corresponding changes can be made under plan. Page 176 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 45 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage VII. FMLA Leave (Employees can fund this coverage by (1) pre-paying their contribution obligations on a pre-tax basis (so long as the leave does not straddle two plan years); (2) making contributions on a month-by-month basis (pre-tax if they are receiving salary continuation payments); or (3) catching up on their contributions upon returning from the leave.) Employee can make Same as previous Same as previous Employee may revoke Same as previous same elections as column. column. election and make column. employee on non- another election as FMLA leave. In provided under addition, an employer FMLA. must allow an Employee on unpaid FMLA leave either to revoke coverage or to continue coverage but allow Employee to discontinue payment of his or her share of the contribution during the leave (the Employer may recover the contributions when the Employee returns to work). FMLA also allows an Employer to require that Employees on paid FMLA leave continue coverage if Employees on non- FMLA paid leave are required to continue coverage. Employee may make Same as previous Same as previous Employee may make Same as previous a new election if column. column. Note that, a new election if column. coverage terminated upon return, an coverage terminated while on FMLA leave. Employee whose while on FMLA leave. In addition, an coverage has In addition, an Employer may require lapsed has the right Employer may require an Employee to be to resume coverage an Employee to be reinstated in his or her at prior coverage reinstated in his or her Page 177 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 46 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage election upon return from leave if Employees who return from a non-FMLA paid leave are required to be reinstated in their elections. level (and make up unpaid premiums) or at a level reduced prorate for the missed contributions. election upon return from leave if Employees who return from a non-FMLA leave are required to be reinstated in their elections. IX. HIPAA Special Enrollment Rights (See related exception for addition of new Dependents) A. Special Enrollment for Loss of Other Health Coverage Employee may elect coverage for Employee, Spouse, or Dependent who has lost other coverage (COBRA coverage exhausted or terminated, no longer eligible for non- COBRA coverage or Employer contributions for non- COBRA coverage terminated, etc.) Though unclear, it appears that tag-along concepts may apply. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. B. Special Enrollment for Acquisition of New Dependent by Birth, Marriage, Adoption, or Placement for Adoption . retroactive to date of birth, adoption, e to date of birth, adoption, or placement for adoption. For marriage, coverage is effective prospectively.) Employee may elect coverage for Employee, Spouse, or Dependent. Example provides that election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless HCSA is subject to HIPAA. No change permitted. No change permitted. Insurance under Title XXI of the Social Security Act, or eligibility for group health plan premium assistance. rth, adoption, or placement for adoption; Employee ma or placement for adoption.) Page 178 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 47 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage Employee may elect coverage for Employee, or Dependent. Unclear, but appears election of coverage may also extend to previously eligible (but not yet enrolled) Dependents. No change permitted, unless plan is subject to HIPAA. No change permitted, unless plan is subject to HIPAA. No change permitted. No change permitted. X. COBRA Events Employee may increase pre-tax contributions under coverage if COBRA event (or similar state law continuation coverage event) occurs with respect to the Employee, Spouse, or Dependents with respect to which the COBRA qualifying event occurred (such as a loss of eligibility for regular coverage due to loss of Dependent status or a reduction in hours, etc.) and if applicable, the individual still qualifies as a tax Dependent of Employee. Same as previous column. No change permitted. No change permitted. No change permitted. XI. Judgment, Decree, or Order Employee may change election to provide coverage for the child. Though unclear, it appears that tag-along concepts may apply. Same as previous column. Same as previous column. No change permitted. No change permitted. B. Order That Requires Spouse, Former Spouse, or Other Individual to Provide Coverage for the Child Employee may change election to cancel coverage for the child. Same as previous column. Same as previous column. No change permitted. No change permitted. Page 179 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 48 Change in Status Event Major Medical Dental and Vision Health Care Spending Account (HCSA) Dependent Care Spending Account (DCSA) Employee Group Life, AD&D and Disability Coverage XII. Medicare or Medicaid or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect Unlikely that Employee may No change permitted. No change to cancel or reduce Employee can elect apparently decrease permitted. coverage for to drop dental or or revoke election Employee, Spouse, or vision coverage; or increase election Dependent, as presumably, if HCSA is dropped applicable. Employee must due to retain coverage. Medicare/Medicaid and prior Employer coverage was more comprehensive. B. Employee, Spouse, or Dependent Loses Eligibility for Medicare or Medicaid. (Other than coverage solely for pediatric vaccines) Employee may elect Unlikely that Employee may No change permitted. No change to commence or Employee can elect apparently increase permitted. increase coverage for to add dental or or decrease or Employee, Spouse, or vision coverage; revoke election Dependent, as presumably, where Employer applicable. Employee cannot. plan elected due to Though unclear, it loss of eligibility appears that tag-along for concepts may apply. Medicare/Medicaid is more comprehensive than Medicare/Medicaid . Page 180 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda MY OF CHULA VISTA Attachment 3 VOLUNTARY PLAN HARTFORD PLAN DOCUMENT Established on January 1, 2018 and Restated on January 1, 2024 Human Resources Department City of Chula Vista Page 181 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda GROUP HOSPITAL INDEMNITY INSURANCE POLICY HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY One Hartford Plaza Hartford, Connecticut 06155 A stock insurance company) The Hartford° is The Hartford Financial Services Group, Inc. and its subsidiaries. Policyholder: CITY OF CHULA VISTA Policy Number: VHI-874904 Policy Issue State: California Policy Effective Date: January 1, 2018 Policy Anniversary Date: January 1 Premium Due Date: First of each month This is a supplement to health insurance. It is not a substitute for essential health benefits or minimum essential coverage as defined in federal health law. PLEASE BE ADVISED THAT YOU RETAIN ALL RIGHTS WITH RESPECT TO YOUR POLICY/CERTIFICATE AGAINST YOUR ORIGINAL INSURER IN THE EVENT THE ASSUMING INSURER IS UNABLE TO FULFILL ITS OBLIGATIONS. IN SUCH EVENT YOUR ORIGINAL INSURER REMAINS LIABLE TO YOU NOTWITHSTANDING THE TERMS OF ITS ASSUMPTION AGREEMENT. READ YOUR POLICY CAREFULLY This is a legal contract between the Policyholder and Us. We agree to provide the rights and benefits of this Policy according to its conditions and provisions. This Policy is issued to the Policyholder in consideration of the Policyholder's application, a copy of which is attached and made part of this Policy, and payment of premiums. Right to Return This Policy. If, for any reason, the Policyholder or any Covered Person is not satisfied with this Policy, it may be returned to Us at Our Home Office within 30 days after receipt. At that time, it should be requested in writing by the Policyholder to cancel it. In that event, We will consider it void from its effective date and any premiums paid will be refunded. This Policy is delivered in and governed by the laws of California, and to the extent applicable, by the Employee Retirement Income Security Act of 1974 (as amended). This Policy may be inspected at the office of the Policyholder. Signed for Hartford Life and Accident Insurance Company at Hartford, Connecticut. Lisa Levin, Secretary Michael Cori cannon, President Notice to Buyer: This is a hospital confinement indemnity policy. This Policy provides limited benefits. Benefits provided are supplemental and are not intended to cover all medical expenses. The Policy does not constitute comprehensive health insurance coverage and does not satisfy the requirement of Minimum Essential Coverage under the Affordable Care Act. The Policy may provide payment of several benefits as a result of claims from a single hospitalization or covered incident. Payment of one benefit under the Policy does not constitute acceptance of liability for all claims made under the Policy nor does it prohibit Us from further investigation of subsequent claims. Page 182 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda THIS POLICY IS NOT A MEDICARE SUPPLEMENT POLICY. If a Covered Person is eligible for Medicare, he/she should review the Guide to Health Insurance for People with Medicare available from Us. A note on capitalization in this Policy: Capitalization of a term, not normally capitalized according to the rules of standard punctuation, indicates a word or phrase that is a defined term in this Policy or refers to a specific provision contained herein. Page 183 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda TABLE OF CONTENTS INCORPORATION PROVISION............................................................................................ PREMIUM PROVISIONS....................................................................................................... TERMINATION...................................................................................................................... POLICYPROVISIONS........................................................................................................... 3 Form GBD-2800 TOC 01 (EM) Page 184 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda INCORPORATION PROVISION Incorporation Provision The following forms are incorporated in and made part of this Policy: Form GBD-2900 (EM) (874904) VHI 2.01 The following provisions in the Certificate(s) and/or any Certificate amendments, endorsements or riders apply to the Employees of the Policyholder: 1) the benefit plan provisions; 2) benefit amounts and limits; 3) the eligibility and effective date of insurance rules; 4) the termination of insurance rules; 5) general provisions; 6) exclusions; and 7) other Certificate provisions pertaining to California insurance requirements. 4 Form GBD-2800 INC 01 (EM) Page 185 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda PREMIUM PROVISIONS Payment of Premiums The Policyholder must pay premiums to Us at the location chosen by Us. The first premium is due on the Policy Effective Date. Subsequent premiums are due on the Premium Due Date. The premium for additional, increased or reduced insurance will begin being charged on: 1) the day the coverage is effective, if it is also the first day of a Policy month; or 2) the first day of the next Policy month. For insurance which is terminated, premium charges will stop as of the first day of the next Policy month. Monthly Premium Rates The monthly premium rates to be charged for Employee coverage and/or Dependent coverage, if applicable, are as follows: Class(es): ALL FULL-TIME ACTIVE EMPLOYEES EmployeeOnly ................................................. Employee and Spouse .................................... Employee and Child(ren)................................. Employee and Family ....................................... 27.90 57.47 47.49 79.85 Rate Guarantee Date January 1, 2021 or any date thereafter agreed to in writing by Our authorized representative in Our Home Office. Our Right to Change Premium Rates The premium is based on the Premium Rate and the amount of insurance in effect for the month reported on the premium due date. We will furnish premium rates to the Policyholder with an explanation of how to apply them. After the initial monthly premium rates have been in effect for 12 months from the Policy Effective Date, We have the right to recalculate any premium rate. However, We also have the right to recalculate the initial or any subsequent monthly premium rate when any of the following occurs: 1) the terms of this Policy change; 2) the number of Employees changes by more than 10% in a 12 -month period; or 3) one or more classes are added or deleted from this Policy. Unless Our liability changes: 1) We will not change the rates more than once in any period of 12 consecutive months; and 2) We will give the Policyholder 31 days advance written notice of an increase in rates. Reinstatement If any premium after the first is not paid to Us by the end of the Grace Period, subsequent acceptance of premium by Us or any agent of Ours authorized by Us to accept such premium, without requiring an application for reinstatement, shall reinstate this Policy. However, if We or Our agent require an application for reinstatement and issue a conditional receipt for the premium paid, this Policy will be reinstated upon Our approval or, lacking such approval, upon the 45th day following the date of the conditional receipt unless We provide written notification to the Policyholder prior to that date that the application is disapproved. The reinstated Policy shall cover only a Covered Illness or Covered Injury that occurs after the date of reinstatement. In all other respects We and the Policyholder shall have the same rights under this Policy as We had immediately before the due date of the defaulted premium, subject to the provisions of any rider which may be attached in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement. 5 Form GBD-2800 PRM 01 (EM) Page 186 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda TERMINATION Termination of Policy: We may terminate this Policy if We do not receive any premium when due in accordance with the Grace Period provision of this Policy. Either party may terminate this Policy upon 30 days advance written notice, if the other party breaches its obligations and fails to cure that breach to the other party's reasonable satisfaction within that 30 -day notice period. Either party may terminate this Policy, with or without prior notice, effective as of midnight prior to the date that the other party: 1) ceases doing business as a going concern; 2) makes an assignment for the benefit of creditors; 3) admits in writing that it is unable to pay debts as they come due; or 4) consents to the appointment of a trustee or receiver; or if a trustee or receiver is appointed pursuant to applicable Federal or State bankruptcy, insolvency or similar laws. We may terminate this Policy, upon not less than 30 days written notice if the Policyholder fails to comply with a material plan provision relating to the Policyholder's premium contribution or group participation rules or if We determine there has been a material change affecting the risk assumed under this Policy. Upon written notice, We may terminate or rescind this Policy or the coverage on a Covered Person for fraud or misrepresentation by the Policyholder or a Covered Person of material fact concerning the Policyholder or Covered Person. After this Policy has been in force for 12 months, either party may terminate this Policy upon 30 days advance written notice. Termination of Policy Because of Inability to Perform Obligations: This Policy may be immediately suspended or terminated by written notice to the other party if either party is unable to perform its obligations for reasons beyond its control, including: 1) complete or partial destruction of facilities or equipment; or 2) lockout, strike, riot, war, act of God, or any ordinance, law, order or decree of any governmental authority. Neither party will be required to perform its duties nor be liable for any damages arising from the suspension or termination of this Policy pursuant to this provision. Once this Policy terminates, the insurance it provides will end automatically. 6 Form GBD-2800 TRM 01 (EM) Page 187 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda POLICY PROVISIONS Entire Contract The contract between the parties consists of: 1) this Policy and any amendments; and 2) the application of the Policyholder, a copy of which is attached to and made a part of this Policy when issued; and 3) the Certificates, and the endorsements or riders which are attached to and made a part of this Policy; and 4) the individual applications, if any, of each Covered Person. All statements made by the Policyholder and persons insured under the Policy will be deemed representations and not warranties. No statement will be used in any contest unless it is in writing, signed by the person making it, approved by an executive officer of Us, and a copy of it is given to the person who made it, or, in the event of the death or incapacity of the Covered Person, to the Covered Person's beneficiary or personal representative. Time Limit on Certain Defenses: After this Policy has been in force for a period of three years, no statements of the Policyholder contained in the application, and no statement relating to insurability made by any Employee eligible for coverage under the Policy shall be used to deny a claim or in contesting the validity of the insurance with respect to which such statement was made after the insurance has been in force for a period of three years during the lifetime of the person with respect to whom any such statement was made. No claim for loss incurred or disability commencing after three years from the effective date of the insurance coverage with respect to which the claim is made shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of the coverage with respect to which the claim is made. Grace Period: A Grace Period of 60 days will be granted for the payment of each premium falling due after the first premium, during the Grace Period the Policy shall continue in force. If the entire premium is not paid by the end of the Grace Period, this Policy will terminate. If the Policyholder gives Us written advance notice of an earlier cancellation date, the Policy will terminate on the earlier date; but no such termination will take effect during any period for which the required premium has been paid to us. Physical Examinations and Autopsy We, at our own expense, shall have the right and opportunity to have: 1) a Covered Person for whom a claim is made examined by a Physician or Medical Professional of Our choice during the pendency of a claim as often as reasonably required; and 2) an autopsy conducted for a Covered Person for whom a claim is made in case of death, where not prohibited by law. Legal Actions No legal action may start: 1) until 60 days after Claim Proof of Loss has been given; 2) more than 3 years after the time Claim Proof of Loss is required to be given; unless otherwise required by law in Your or the claimant's jurisdiction of residence. Certificate We will give individual Certificates of Insurance to the Policyholder, in electronic or paper form, for delivery to persons covered under this Policy, which will explain the important features of this Policy, who is covered under this Policy, and to whom benefits are payable. Changes to this Policy The Policyholder owns this Policy. We may change any or all of the provisions of this Policy by notifying the Policyholder. We must give the Policyholder at least 31 days advance written notice of any change, unless the Policyholder accepts an amendment during that period. This Policy may also be changed in whole or in part when there is any change in laws or regulations which affect Our obligations under this Policy. A change must be approved by one of Our executive officers, and shall not be valid unless and until such change is endorsed in this Policy or attached hereto. No agent can change this Policy or waive any of its provisions. Payment of the applicable premium following any change of this Policy in accordance with this section shall constitute acceptance of that change. 7 Form GBD-2800 POL 01 (EM) Page 188 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Data to Be Furnished The Policyholder will give Us the information shown below which We may need regarding matters pertaining to the insurance. The Policyholder will, upon Our request, provide Us with: 1) the names of all persons initially eligible for coverage; 2) the names of all additional persons who become eligible for coverage; 3) the names of all persons whose amount of insurance is to be changed; and 4) the names of all persons whose eligibility or insurance is terminated. If the, the provided information noted above is inaccurate or incorrect , the relevant facts will be reviewed with the Policyholder to correctly establish if insurance is in effect and in what amount. No person will be deprived of insurance to which he/she is otherwise entitled or have insurance to which he/she is not entitled, because of any misstatement of fact by the Policyholder or Covered Person. Any required adjustment may be made in coverage, premiums or benefits. However, payment of premium by or on behalf of an ineligible person will not entitle that person to coverage. Right to Audit We reserve the right to audit, once every 2 years, the Policyholder's billing records and premium accounting practices. If We discover: 1) an underpayment of premium by the Policyholder, the Policyholder will be obligated to remit, in a timely manner, the underpayment amount; or 2) an overpayment of premium, We will return any overpayment amount in a timely manner; for the previous 2 year period. Conformity with State and Federal Laws Any provision of the Policy that is contrary to the law of the jurisdiction in which it is delivered or with any other applicable law is amended to meet the minimum requirements of the law. Time Periods Unless otherwise specifically stated, all time periods begin and end at 12:01 A.M., Standard Time at the place where the Policy is delivered. Workers' Compensation This Policy does not replace Workers' Compensation or affect any requirement for Workers' Compensation coverage. 0 Form GBD-2800 POL 01 (EM) Page 189 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY One Hartford Plaza Hartford, Connecticut 06155 A stock insurance company) Will pay benefits according to the conditions of this Policy. The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries. READ YOUR POLICY CAREFULLY THEwd HARTFORD This is a legal contract between the Policyholder and Us. We agree to provide the rights and benefits of this Policy according to its conditions and provisions. This Policy is issued to the Policyholder shown in the Policy Schedule in consideration of the Policyholder's application, a copy of which is attached and made part of the Policy, and payment of premiums. Right to Return This Policy: If, for any reason, you are not satisfied with this Policy, you can return it to us at Our Home Office within 30 days after you receive it. At that time, you should ask us in writing to cancel it. We will consider this Policy as if it never existed. Any premium paid will be refunded. This Policy is delivered in and governed by the laws of the Policy Issue State shown in the Policy Schedule. The Policy may be inspected at the office of the Policyholder. Signed for Hartford Life and Accident Insurance Company at Hartford, Connecticut. Lisa Levin, Secretary Michael Concannan, President Notice to Buyer: This is an accident -only Policy and it does not pay benefits for loss from sickness. Review Your Policy carefully. This Policy provides limited benefits. Benefits provided are supplemental and are not intended to cover all medical expenses. GROUP ACCIDENT INSURANCE POLICY Non -Participating Form GBD-2000 (CA) Page 190 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Contents POLICYSCHEDULE........................................................................................................................................................3 INCORPORATIONPROVISION.......................................................................................................................................4 PREMIUMPROVISION....................................................................................................................................................5 TERMINATION.................................................................................................................................................................7 POLICYPROVISIONS......................................................................................................................................................8 Form GBD-2000 (CA) Form GBD-2000 TOC.1 Page 191 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda POLICY SCHEDULE Policyholder: Employer: Policy Number: Policy Effective Date: Policy Issue State: Annual Enrollment Period: Premium Due Date: City of Chula Vista City of Chula Vista 874904 January 1, 2018 California A period of time as determined by Your Employer first of each month The Benefit Schedules for Covered Persons are shown in the Certificate(s) of Insurance. Form GBD-2000 (CA) Form GBD-2000 SCH.1 Page 192 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda INCORPORATION PROVISION Incorporation Provision: The following forms are incorporated in and made part of this Policy: Certificate(s) of Insurance Rider(s) Form GBD-2300 (CA) (874904) VAC 1.05 If there is any conflict between the terms and conditions of this Policy and an attachment, this Policy shall be controlling. The following provisions in the Certificate(s) and/or any Certificate amendments, endorsements or riders apply to the employees of the Policyholder: a) the benefit plan provisions; b) benefit amounts and limits; c) the eligibility and effective date of insurance rules; d) the termination of insurance rules; e) general provisions; f) exclusions; and g) other Certificate provisions pertaining to state insurance requirements. Form GBD-2000 (CA) Form GBD-2000 INC.1 Page 193 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda PREMIUM PROVISIONS Payment of Premiums: The Policyholder must pay premiums to Hartford Life and Accident Insurance Company at the location chosen by Us. The first premium is due on the effective date. Subsequent premiums are due on the Premium Due Date. The premium for additional, increased, reduced or terminated insurance will cause a pro -rata adjustment on the next Premium Due Date. Initial Monthly Premium Rates: The initial monthly premium rates to be charged for employee coverage and/or Dependent coverage, if applicable are shown on the following pages. Premiums are based on the employee's: a) age on his or her effective date and thereafter on each Policy Anniversary date; b) sex and occupational class. Monthly Premium Rate Guarantee: Initial Monthly Premium rates are guaranteed as follows: Benefit Voluntary Accident Insurance Rate Guarantee Period 36 months The Rate Guarantee supersedes only those provisions appearing elsewhere in this Policy which give Us the right to change premium rates, and then, only for the period of time for which the rates are guarantees. However, we may change premium rates during the Rate Guarantee Period for the reasons disclosed in Our Right to Change Premium Rates section of the Policy. Our Right to Change Premium Rates: The premium is based on the premium rate and the amount of insurance in effect for the month reported on the premium due date. We will furnish premium rates to the Policyholder with an explanation of how to apply them. After the initial monthly premium rates have been in effect for 12 months from the Policy Effective Date, We have the right to recalculate any premium rate. However, We also have the right to recalculate the initial or any subsequent monthly premium rate when any of the following occurs: a) the terms of the Policy change; b) the number of employees changes by more than 10% in a 12 month period; c) one or more classes are added or deleted from this Policy; Unless Our liability changes: a) We will not change the rates more than once in any period of 12 consecutive months; and b) We will give the Policyholder 31 days advance written notice of an increase in rates. Grace Period: A grace period of 60 days will be granted for the payment of each premium falling due after the first premium, during which grace period the Policy shall continue in force. If the entire premium is not paid by the end of the grace period, this Policy will terminate. If the Policyholder gives Us written advance notice of an earlier cancellation date, the Policy will terminate on the earlier date; but no such termination will take effect during any period for which the required premium has been paid to us. Form GBD-2000 (CA) Form GBD-2000 PRMA (CA) Page 194 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda PREMIUM PROVISIONS Reinstatement: If any premium after the first is not paid to Us by the end of the grace period, subsequent acceptance of premium by Us or any agent of Ours authorized by Us to accept such premium, without requiring an application for reinstatement, shall reinstate the Policy. However, if We or Our agent require an application for reinstatement and issue a conditional receipt for the premium paid, the Policy will be reinstated upon Our approval or, lacking such approval, upon the 45th day following the date of the conditional receipt unless We provide written notification to the Policyholder prior to that date that the application is disapproved. The reinstated Policy shall cover only loss resulting from accidental Injury as may be sustained after the date of reinstatement. In all other respects We and the Policyholder shall have the same rights under the Policy as We had immediately before the due date of the defaulted premium, subject to the provisions of any rider which may be attached in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement. Form GBD-2000 (CA) Form GBD-2000 PRM.2 Page 195 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda TERMINATION Termination of Policy: We may terminate this Policy if We do not receive any premium when due in accordance with the Grace Period provision of the Policy. Either party may terminate this Policy upon 30 days advance written notice, if the other party breaches its obligations and fails to cure that breach to the other party's reasonable satisfaction within that 30 day notice period. Either party may terminate this Policy, with or without prior notice, effective as of midnight prior to the date that the other party: a) ceases doing business as a going concern; b) makes an assignment for the benefit of creditors; c) admits in writing that it is unable to pay debts as they come due; or d) consents to the appointment of a trustee or receiver; or if a trustee or receiver is appointed pursuant to applicable Federal or State bankruptcy, insolvency or similar laws. We may terminate this Policy, upon not less than 30 days written notice if the Employer fails to comply with a material plan provision relating to the Employer's premium contribution or group participation rules or if We determine there has been a material change affecting the risk assumed under this Policy. Upon written notice, We may terminate or rescind the Policy or the coverage on a Covered Person for fraud or misrepresentation by the Employer or a Covered Person of material fact concerning the Employer or Covered Person. After the Policy has been in force for 12 months, either party may terminate the Policy upon 30 days advance written notice. Termination of Policy Because of Inability to Perform Obligations: The Policy may be immediately suspended or terminated by written notice to the other party if either party is unable to perform its obligations for reasons beyond its control, including: a) complete or partial destruction of facilities or equipment; b) lockout, strike, riot, war, act of God, or any ordinance, law, order or decree of any governmental authority. Neither party will be required to perform its duties nor be liable for any damages arising from the suspension or termination of this Policy pursuant to this provision. Once this Policy terminates, the insurance it provides will end automatically. Form GBD-2000 (CA) Form GBD-2000 TRM.1 Page 196 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda POLICY PROVISIONS Entire Contract: The contract between the parties consists of: a) the Policy and any amendments; and b) the application of the Policyholder, a copy of which is attached to and made a part of the Policy when issued, as may be amended during the term of this Policy; and c) the Certificates, and the endorsements or riders which are attached to and made a part of the Policy when issued; as may be amended during the term of this Policy; and d) the enrollment forms, if any, of each Covered Person. All statements made by the Policyholder and persons insured under the Policy will be deemed representations and not warranties. No statement will be used in any contest unless it is in writing, signed by the person making it and a copy of it is given to the person who made it, or, in the event of the death or incapacity of the Covered Person, to the Covered Person's beneficiary or personal representative. Incontestability: The validity of this Policy shall not be contested, except for nonpayment of premium, after it has been in force for three years from the Policy Effective Date. Certificate: We will give individual Certificates of Insurance to the Policyholder, in electronic or paper form, for delivery to persons covered under the Policy, which will explain the important features of the Policy, who is covered under the Policy, and to whom benefits are payable. Changes to the Policy: The Policyholder owns the Policy. We may change any or all of the provisions of this Policy by notifying the Policyholder. We must give the Policyholder at least 31 days advance written notice of any change, unless the Policyholder accepts an amendment during that period. The Policy may also be changed in whole or in part when there is any change in laws or regulations which affect Our obligations under the Policy. A change must be approved by one of Our executive officers. No agent can change the Policy or waive any of its provisions. Payment of the applicable premium following any change of this Policy in accordance with this section shall constitute acceptance of that change. Agency: For all purposes of this Policy, the Policyholder or third party administrator acts on its own behalf or as an agent of the employee. Under no circumstances will the Policyholder or third party administrator be deemed an agent of The Hartford Life and Accident Insurance Company. Data to Be Furnished: The Policyholder will give us all information We need regarding matters pertaining to the insurance. At any reasonable time while the Policy is in force and for one year after that, We may inspect any of the Policyholder's documents, books, or records which may affect the insurance or premiums of this Policy. If the Policyholder gives us any incorrect information, the relevant facts will be reviewed to establish if insurance is in effect and in what amount. No person will be deprived of insurance to which he is otherwise entitled or have insurance to which he is not entitled, because of any misstatement of fact by the Policyholder or covered individual. Any required adjustment may be made in coverage, premiums or benefits. However, payment of premium by or on behalf of an ineligible person will not entitle that person to coverage. Right to Audit: The Company reserves the right to audit, once every 2 years, the Policyholder's billing records and premium accounting practices. If The Company discovers: a) an underpayment of premium by the Policyholder, the Policyholder will be obligated to remit, in a timely manner, the underpayment amount; or b) an overpayment of premium, The Company will return any overpayment amount in a timely manner; for the previous 2 year period. Form GBD-2000 (CA) Form GBD-2000 POLA (CA) Page 197 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda POLICY PROVISIONS No Replacement for Workers' Compensation: The Policy does not replace Workers' Compensation or affect any requirement for Workers' Compensation coverage. Time Periods: All periods begin and end at 12:01 a.m., standard time, at the Policyholder's address. Form GBD-2000 (CA) Form GBD-2000 POL.2 Page 198 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association ("the Association"). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. Amounts of Coveraae The basic coverage protections provided by the Association are as follows. Life Insurance. Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: o Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 o Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association's website www.califeaa.ora. please turn to next page) Printed in U.S.A. CA v.5 Page 199 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society If the person is provided coverage by the guaranty association of another state Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual Employer and association plans, to the extent they are self-funded or uninsured A policy or contract providing any health care benefits under Medicare Part C or Part D An annuity issued by an organization that is only licensed to issue charitable gift annuities Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract Any policy of reinsurance unless an assumption certificate was issued Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association's website at www.califeaa.ora, or contact either of the following: California Life and Health Insurance California Department of Insurance Guarantee Association Consumer Communications Bureau P.O. Box 16860 300 South Spring Street Beverly Hills, CA 90209-3319 Los Angeles, CA 90013 323) 782-0182 (800) 927-4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. Printed in U.S.A. CA v.5 Page 200 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda GROUP CRITICAL ILLNESS INSURANCE POLICY HARTFORD LIFE AND ACCIDENT INSURANCE COMPANY One Hartford Plaza Hartford, Connecticut 06155 A stock insurance company) The Hartford® is The Hartford Financial Services Group, Inc. and its subsidiaries. Will pay benefits according to the conditions of this Policy. Policyholder: City of Chula Vista Policy Number: 874904 Policy Effective Date: January 1, 2018 Policy Issue State: California Policy Anniversary Date: January 1St Premium Due Date: first of each month READ YOUR POLICY CAREFULLY. This is a legal contract between the Policyholder and Us. We agree to provide the rights and benefits of this Policy according to its conditions and provisions. This Policy is issued to the Policyholder in consideration of the Policyholder's application, a copy of which is attached and made part of the Policy, and payment of premiums. Right to Return This Policy. If, for any reason, you are not satisfied with this Policy, you can return it to us at Our home office within 30 days after you receive it. At that time, you should ask us in writing to cancel it. We will consider this Policy as if it never existed. Any premium paid will be refunded. This is a supplement to health insurance. It is not a substitute for essential health benefits or minimum essential coverage as defined in federal health law. PLEASE BE ADVISED THAT YOU RETAIN ALL RIGHTS WITH RESPECT TO YOUR POLICY/CERTIFICATE AGAINST YOUR ORIGINAL INSURER IN THE EVENT THE ASSUMING INSURER IS UNABLE TO FULFILL ITS OBLIGATIONS. IN SUCH EVENT YOUR ORIGINAL INSURER REMAINS LIABLE TO YOU NOTWITHSTANDING THE TERMS OF ITS ASSUMPTION AGREEMENT. This Policy is delivered in and governed by the laws of California. The Policy may be inspected at the office of the Policyholder. Signed for Hartford Life and Accident Insurance Company at Hartford, Connecticut. Lisa Levin, Secretory Michael Concannon, President Notice to buyer: The Policy is a specified disease policy. The Policy provides limited benefits. Benefits provided are supplemental and are not intended to substitute for medical coverage or disability insurance. Form GBD-2600 (CA) Page 201 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda CONTENTS INCORPORATION PROVISION. PREMIUM PROVISIONS............ TERMINATION ........................... POLICY PROVISIONS ................ 2 Form GBD-2600 TOC 01 3 4 6 7 Page 202 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda INCORPORATION PROVISION Incorporation Provision: The following forms are incorporated in and made part of this Policy: Certificate(s) of Insurance Rider(s) Form GBD-2700 (CA) (874904) VCI 1.06 The following provisions in the Certificate(s) and/or any Certificate amendments, endorsements or riders apply to the employees of the Policyholder: 1) the benefit plan provisions; 2) benefit amounts and limits; 3) the eligibility and effective date of insurance rules; 4) the termination of insurance rules; 5) general provisions; 6) exclusions; and 7) other Certificate provisions pertaining to California insurance requirements. 3 Form GBD-2600 INC 01 (CA) Page 203 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda PREMIUM PROVISIONS Payment of Premiums: The Policyholder must pay premiums to The Company at the location chosen by Us. The first premium is due on the Policy Effective Date. Subsequent premiums are due on the Premium Due Date. The premium for additional, increased or reduced or terminated insurance may cause a pro -rata adjustment on the next Premium Due Date. Initial Monthly Premium Rates: The initial monthly premium rates to be charged for employee coverage and/or Dependent coverage, if applicable, are shown on the following pages. Premiums are based on the employee's: 1) age on his or her effective date and thereafter on each Policy Anniversary date; 2) occupational class. Monthly Premium Rate Guarantee: Initial Monthly Premium rates are guaranteed as follows Benefit Critical Illness Rate Guarantee Period 36 months The Rate Guarantee supersedes only those provisions appearing elsewhere in this Policy which give Us the right to change premium rates, and then, only for the period of time for which the rates are guaranteed. However, we may change premium rates during the Rate Guarantee Period for the reasons disclosed in Our Right to Change Premium Rates section of the Policy. Our Right to Change Premium Rates: The premium is based on the premium rate and the amount of insurance in effect for the month reported on the premium due date. We will furnish premium rates to the Policyholder with an explanation of how to apply them. After the initial monthly premium rates have been in effect for 12 months from the Policy Effective Date, We have the right to recalculate any premium rate. However, We also have the right to recalculate the initial or any subsequent monthly premium rate when any of the following occurs: 1) the terms of the Policy change; 2) the number of employees changes by more than 10% in a 12 month period; 3) one or more classes are added or deleted from this Policy; Unless Our liability changes: 1) We will not change the rates more than once in any period of 12 consecutive months; and 2) We will give the Policyholder 31 days advance written notice of an increase in rates. 4 Form GBD-2600 PRM 01 (CA) Page 204 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda PREMIUM PROVISIONS Reinstatement: If any premium after the first is not paid to Us by the end of the Grace Period, subsequent acceptance of premium by Us or any agent of Ours authorized by Us to accept such premium, without requiring an application for reinstatement, shall reinstate the Policy. However, if We or Our agent require an application for reinstatement and issue a conditional receipt for the premium paid, the Policy will be reinstated upon Our approval or, lacking such approval, upon the 45th day following the date of the conditional receipt unless We provide written notification to the Policyholder prior to that date that the application is disapproved. The reinstated Policy shall cover only a Critical Illness Diagnosed after the date of reinstatement. In all other respects We and the Policyholder shall have the same rights under the Policy as We had immediately before the due date of the defaulted premium, subject to the provisions of any rider which may be attached in connection with the reinstatement. Any premium accepted in connection with a reinstatement shall be applied to a period for which premium has not been previously paid, but not to any period more than 60 days prior to the date of reinstatement. 5 Form GBD-2600 PRM 02 Page 205 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda TERMINATION Termination of Policy: We may terminate this Policy if We do not receive any premium when due in accordance with the Grace Period provision of the Policy. Either party may terminate this Policy upon 30 days advance written notice, if the other party breaches its obligations and fails to cure that breach to the other party's reasonable satisfaction within that 30 day notice period. Either party may terminate this Policy, with or without prior notice, effective as of midnight prior to the date that the other party: 1) ceases doing business as a going concern; 2) makes an assignment for the benefit of creditors; 3) admits in writing that it is unable to pay debts as they come due; or 4) consents to the appointment of a trustee or receiver; or if a trustee or receiver is appointed pursuant to applicable Federal or State bankruptcy, insolvency or similar laws. We may terminate this Policy, upon not less than 30 days written notice if the Policyholder fails to comply with a material plan provision relating to the Policyholder's premium contribution or group participation rules or if We determine there has been a material change affecting the risk assumed under this Policy. Upon written notice, We may terminate or rescind the Policy or the coverage on a Covered Person for fraud or misrepresentation by the Policyholder or a Covered Person of material fact concerning the Policyholder or Covered Person. After the Policy has been in force for 12 months, either party may terminate the Policy upon 30 days advance written notice. Termination of Policy Because of Inability to Perform Obligations: The Policy may be immediately suspended or terminated by written notice to the other party if either party is unable to perform its obligations for reasons beyond its control, including: 1) complete or partial destruction of facilities or equipment; 2) lockout, strike, riot, war, act of God, or any ordinance, law, order or decree of any governmental authority. Neither party will be required to perform its duties nor be liable for any damages arising from the suspension or termination of this Policy pursuant to this provision. Once this Policy terminates, the insurance it provides will end automatically. 6 Form GBD-2600 TRM 01 Page 206 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda POLICY PROVISIONS Entire Contract: The contract between the parties consists of: 1) the Policy and any amendments; and 2) the application of the Policyholder, a copy of which is attached to and made a part of the Policy when issued; and 3) the Certificates, and the endorsements or Riders which are attached to and made a part of the Policy when issued; as may be amended during the term of this Policy; and 4) the individual applications, if any, of each Covered Person. All statements made by the Policyholder and persons insured under the Policy will be deemed representations and not warranties. No statement will be used in any contest unless it is in writing, signed by the person making it, approved by an executive officer of Us, and a copy of it is given to the person who made it, or, in the event of the death or incapacity of the Covered Person, to the Covered Person's beneficiary or personal representative. Time Limit on Certain Defenses: After this Policy has been in force for a period of three years, no statements of the Policyholder contained in the application, and no statement relating to insurability made by any employee eligible for coverage under the Policy shall be used to deny a claim or in contesting the validity of the insurance with respect to which such statement was made after the insurance has been in force for a period of three years during the lifetime of the person with respect to whom any such statement was made. No claim for loss incurred or disability (as defined in the Policy) commencing after three years from the effective date of the insurance coverage with respect to which the claim is made shall be reduced or denied on the ground that a disease or physical condition, not excluded from coverage by name or specific description effective on the date of loss, had existed prior to the effective date of the coverage with respect to which the claim is made. Grace Period: A Grace Period of 60 days will be granted for the payment of each premium falling due after the first premium, during the Grace Period the Policy shall continue in force. If the entire premium is not paid by the end of the Grace Period, this Policy will terminate. If the Policyholder gives Us written advance notice of an earlier cancellation date, the Policy will terminate on the earlier date; but no such termination will take effect during any period for which the required premium has been paid to us. Physical Examination and Autopsy We have the right to have the Covered Person examined by a Physician approved by Us, as often as reasonably necessary while a claim is pending. We may also have an autopsy done, unless prohibited by law. Any examinations or autopsies that We require will be done at Our expense. Legal Actions: No legal action may start: 1) until 60 days after proof of loss has been given; 2) more than 3 years after the time proof of loss is required to be given. Misstatement of Age: If the age of any Covered Person has been misstated: 1) the premium may be adjusted; and 2) the true facts will be used to determine if, and for what amount, coverage should have been in force. 7 Form GBD-2600 POL 01 (CA) Page 207 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda POLICY PROVISIONS Certificate: We will give individual Certificates of Insurance to the Policyholder, in electronic or paper form, for delivery to persons covered under the Policy, which will explain the important features of the Policy, who is covered under the Policy, and to whom benefits are payable. Changes to the Policy: The Policyholder owns the Policy. We may change any or all of the provisions of this Policy by notifying the Policyholder. We must give the Policyholder at least 31 days advance written notice of any change, unless the Policyholder accepts an amendment during that period. The Policy may also be changed in whole or in part when there is any change in laws or regulations which affect Our obligations under the Policy. A change must be approved by one of Our executive officers. No agent can change the Policy or waive any of its provisions. Payment of the applicable premium following any change of this Policy in accordance with this section shall constitute acceptance of that change. Data to Be Furnished: The Policyholder will give us the information shown below which We may need regarding matters pertaining to the insurance. The Policyholder will, upon Our request, provide Us with: 1) the names of all persons initially eligible for coverage; 2) the names of all additional persons who become eligible for coverage; 3) the names of all persons whose amount of insurance is to be changed; and 4) the names of all persons whose eligibility or insurance is terminated. If the provided information noted above is in accurate or incorrect, the relevant facts will be reviewed with the Policyholder to correctly establish if insurance is in effect and in what amount. No person will be deprived of insurance to which he is otherwise entitled or have insurance to which he is not entitled, because of any misstatement of fact by the Policyholder or covered individual. Any required adjustment may be made in coverage, premiums or benefits. However, payment of premium by or on behalf of an ineligible person will not entitle that person to coverage. Right to Audit: The Company reserves the right to audit, once every 2 years, the Policyholder's billing records and premium accounting practices. If The Company discovers: 1) an underpayment of premium by the Policyholder, the Policyholder will be obligated to remit, in a timely manner, the underpayment amount; or 2) an overpayment of premium, The Company will return any overpayment amount in a timely manner; for the previous 2 year period. No Replacement for Workers' Compensation: The Policy does not replace Workers' Compensation or affect any requirement for Workers' Compensation coverage. Time Periods: All periods begin and end at 12:01 a.m., standard time, at the Policyholder's address. 8 Form GBD-2600 POL 02 (CA) Page 208 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda NOTICE OF PROTECTION PROVIDED BY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTEE ASSOCIATION This notice provides a brief summary regarding the protections provided to policyholders by the California Life and Health Insurance Guarantee Association ("the Association"). The purpose of the Association is to assure that policyholders will be protected, within certain limits, in the unlikely event that a member insurer of the Association becomes financially unable to meet its obligations. Insurance companies licensed in California to sell life insurance, health insurance, annuities and structured settlement annuities are members of the Association. The protection provided by the Association is not unlimited and is not a substitute for consumers' care in selecting insurers. This protection was created under California law, which determines who and what is covered and the amounts of coverage. Below is a brief summary of the coverages, exclusions and limits provided by the Association. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations or the rights or obligations of the Association. COVERAGE Persons Covered Generally, an individual is covered by the Association if the insurer was a member of the Association and the individual lives in California at the time the insurer is determined by a court to be insolvent. Coverage is also provided to policy beneficiaries, payees or assignees, whether or not they live in California. Amounts of Coveraae The basic coverage protections provided by the Association are as follows. Life Insurance. Annuities and Structured Settlement Annuities For life insurance policies, annuities and structured settlement annuities, the Association will provide the following: o Life Insurance 80% of death benefits but not to exceed $300,000 80% of cash surrender or withdrawal values but not to exceed $100,000 o Annuities and Structured Settlement Annuities 80% of the present value of annuity benefits, including net cash withdrawal and net cash surrender values but not to exceed $250,000 The maximum amount of protection provided by the Association to an individual, for all life insurance, annuities and structured settlement annuities is $300,000, regardless of the number of policies or contracts covering the individual. Health Insurance The maximum amount of protection provided by the Association to an individual, as of July 1, 2016, is $546,741. This amount will increase or decrease based upon changes in the health care cost component of the consumer price index to the date on which an insurer becomes an insolvent insurer. Changes to this amount will be posted on the Association's website www.califeaa.ora. please turn to next page) Printed in U.S.A. CA v.5 Page 209 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda COVERAGE LIMITATIONS AND EXCLUSIONS FROM COVERAGE The Association may not provide coverage for this policy. Coverage by the Association generally requires residency in California. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. The following policies and persons are among those that are excluded from Association coverage: A policy or contract issued by an insurer that was not authorized to do business in California when it issued the policy or contract A policy issued by a health care service plan (HMO), a hospital or medical service organization, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society If the person is provided coverage by the guaranty association of another state Unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which do not guaranty annuity benefits to an individual Employer and association plans, to the extent they are self-funded or uninsured A policy or contract providing any health care benefits under Medicare Part C or Part D An annuity issued by an organization that is only licensed to issue charitable gift annuities Any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as certain investment elements of a variable life insurance policy or a variable annuity contract Any policy of reinsurance unless an assumption certificate was issued Interest rate yields (including implied yields) that exceed limits that are specified in Insurance Code Section 1607.02(b)(2)(C). NOTICES Insurance companies or their agents are required by law to give or send you this notice. Policyholders with additional questions should first contact their insurer or agent. To learn more about coverages provided by the Association, please visit the Association's website at www.califeaa.ora, or contact either of the following: California Life and Health Insurance California Department of Insurance Guarantee Association Consumer Communications Bureau P.O. Box 16860 300 South Spring Street Beverly Hills, CA 90209-3319 Los Angeles, CA 90013 323) 782-0182 (800) 927-4357 Insurance companies and agents are not allowed by California law to use the existence of the Association or its coverage to solicit, induce or encourage you to purchase any form of insurance. When selecting an insurance company, you should not rely on Association coverage. If there is any inconsistency between this notice and California law, then California law will control. Printed in U.S.A. CA v.5 Page 210 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ## ### # ## !##4# # # # "## # # Attachment 4 Page 211 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 212 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda EXHIBIT B PERIODIC FEES This rate includes the following services, more fully documented in Exhibit A and the Agreement: Service Rate (01/01/2024 through 12/31/2024) Eight-session Employee Assistance Program and Telephonic WorkLife services $ 3.07 per employee per month (01/01/2025 through 12/31/2025) Eight-session Employee Assistance Program and Telephonic WorkLife services $ 3.43 per employee per month Additional services not specifically covered by this contract will be billed at then current rates. Page 213 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 214 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 215 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 216 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 217 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 218 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 219 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 220 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 221 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 222 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 223 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 224 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 225 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 226 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 227 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 228 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 229 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 230 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 231 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 232 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 233 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 234 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 235 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 236 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 237 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 238 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 239 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 240 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 241 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 242 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 243 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 244 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 245 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 246 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 247 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 248 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 249 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 250 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 251 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 252 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda SECOND AMENDMENT TO THE MOU BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS ("LOCAL 2180") COVERING THE PERIOD OF JULY 1, 2022, TO DECEMBER 31, 2024, AMENDING MEDICAL BENEFIT PLANS FOR CALENDAR YEAR 2024 WHEREAS, the City of Chula Vista ("City") and the Local 2180 International Association of Fire Fighters ("Local 2180") entered into a memorandum of understanding 2022-2024 MOU") covering the period of July 1, 2022, to December 31, 2024, regarding wages, hours, and other terms and conditions of employment, within the meaning of the Meyers- Milias-Brown Act ("MMBA"); and WHEREAS, the City and Local 2180, after meeting and conferring in good faith pursuant to the MMBA, desire to enter into this Second Amendment to the 2022-2024 MOU amending the medical benefit plans for calendar year 2024. NOW, THEREFORE, the City and Local 2180 agree to amend the 2022-2024 MOU as follows: a.Amend Section II, Subsection B, Article 2.16 Employee Benefits (I)(A)(l )(b) Health to read: Employees enrolled in the lowest cost, non-Kaiser, limited network HMO/limited network alternative plan will pay $50 per month and the City will pay the balance of the premium. For the 2024 benefits plan year only, this $50 per month premium will be waived if the Aetna Whole Health (AWH) Southern California HMO is elected. b.Except as expressly provided herein, all other terms and conditions of the 2022- 2024 MOU shall otherwise remain in full force and effect. For the City: For IAFF: Tanya Tomlinson,Darrell Roberts, Assistant Director of Human Resources President, IAFF Local 2180 Attachment 5 Page 253 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Purchase Agreement: Approve Master Services and Purchasing Agreement and Quotes with Axon Enterprise, Inc. to Purchase Body Worn Cameras, Taser Electronic Control Weapons, and In-Car Cameras Report Number: 23-0314 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving Master Services and Purchasing Agreement and quotes with Axon Enterprise, Inc. to purchase Body Worn Cameras, Taser Electronic Control Weapons and In-Car Cameras and related services and authorizing the Mayor to execute same. SUMMARY Following a public solicitation process, the Police Department recommends purchasing Body Worn Cameras, Taser Electronic Control Weapons and In-Car Cameras, and related services, from Axon Enterprise, Inc. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 254 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 DISCUSSION The City’s Police Department has been a national leader in the research and deployment of Body Worn Cameras (BWCs) and prioritizing the deployment of less lethal weapons. The Police Department has extensively researched and tested BWCs since 2010 and was one of the first departments in the country to deploy BWCs throughout its patrol division in 2014. In California and throughout the nation, BWCs have become a part of many officers’ standard uniforms. While body and dashboard cameras are not mandatory in the state, many law enforcement agencies have used these cameras as tools of transparency and a way to keep officers and the public safe. City Council has approved prior agreements with Axon Enterprise Inc. (formerly Taser International) for BWCs, related hardware (e.g. charging stations, battery packs, etc.) and limited cloud-based storage services to store BWC video footage based on current City retention schedules. The Police Department has worked with the Finance Department to secure funding to pay for the existing agreements in full over the course of the life of each agreement. Request for Proposal (RFP) Process Pursuant to Section 2.56 of the Chula Vista Municipal Code outlining the City’s procurement process, Request for Proposal (RFP) # P03-2023 was issued on December 2, 2022, for BWCs, Data Storage and Related Product Support Services. The current agreement for BWCs with Axon Enterprise, Inc., expired on June 30, 2022. As such, the Police and Finance Departments requested a contract extension with Axon Enterprise, Inc. for another 12-month period covering July 1, 2022, to June 30, 2023. Due to additional time needed to complete the RFP process, another extension was accepted covering July 1, 2023, until the execution of the proposed contract. In addition to the BWCs, the proposed quotes also included the purchase of Taser Electronic Control Weapons (ECW) for police officers. ECWs, commonly known as a “Taser Weapon”, represent a critical less lethal option for officers serving in any capacity, uniformed or plain clothes. The Police Department negotiated with Axon to provide the latest Taser ECWs for our officers and projected data storage needs. During the RFP process, the Police Department evaluated written proposals and conducted extensive product testing prior to selecting the most responsive and responsible bidder for the RFP. As a result of this lengthy process, the Police Department recommends purchasing BWCs, Taser Electronic Control Weapons and In-Car Cameras and related services from Axon Enterprise, Inc. Conformance with Privacy Protection and Technology Transparency Policy In accordance with Council Policy 112-04 Privacy Protection and Technology Transparency Policy, public safety officer body-worn cameras are not considered Surveillance Technology, therefore a Surveillance Technology Impact Report (STIR) is not required. The associated Use Policy is included in this report as attachment 5 (CVPD Policy 448 – Portable Audio/Video Recorders). This policy provides guidelines for the use of portable audio/video recording devices by members of the Police Department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, handheld or integrated into portable equipment. Page 255 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 Additionally, the In-Car Cameras function similarly to Body Worn Cameras. The cameras are not constantly recording and are activated the same way a BWC is, therefore it is not considered Surveillance Technology and a STIR is not required. The associated Use Policies are included as attachment 5 (CVPD Policy 448- Portable Audio/Video Recorders) and (CVPD Policy 445 – Mobile Audio Video). 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 of, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will approve the Master Services and Purchasing Agreement and three quotes with Axon Enterprise, Inc. to purchase BWCs, Taser Electronic Control Weapons and In-Car Cameras and authorize the Mayor to sign the four documents. These quotes cover a five-year period. BWCs, taser electronic control weapon and in-car camera costs in the amount of $827,012 for Year 1 of the agreement are already identified in the Police Department’s fiscal year 2023-24 Asset Forfeiture budget, resulting in no additional appropriations and no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The table below outlines BWC, taser and in-car camera costs, including related unlimited storage fees, for the five-year agreement term. DESCRIPTION QUANTITY CY 2024 CY 2025 CY 2026 CY 2027 CY 2028 5-YR TOTAL Body Worn Camera TAP Bundle 290 $399,789 $399,789 $399,789 $399,789 $399,789 $1,998,944 TASER 10 Certification Bundle 150 $184,017 $184,017 $184,017 $184,017 $184,017 $920,083 Fleet 3 Advanced 89 $243,206 $237,112 $237,112 $237,112 $237,112 $1,191,652 ANNUAL TOTAL $827,012 $820,917 $820,917 $820,917 $820,917 $4,110,680 The first three years of the agreement will be funded by Asset Forfeiture fund balance. The Police Department will work with the Finance Department to allocate the necessary funds to cover the BWCs, taser electronic control weapon and in-car camera costs during the term of the agreement. Based on anticipated funding in the Asset Forfeiture fund, the ongoing costs may need to be funded by the General Fund after Year 3. However, should funds become available in the Asset Forfeiture fund, those funds will continue to fund the remainder of the agreement costs. Appropriations for the ongoing costs related to this program will be considered by City Council as part of the development of the relevant fiscal year budget process. ATTACHMENTS Page 256 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 1. Axon quote # Q-447373-45231.997CM to purchase 290 Body Worn Cameras 2. Axon quote # Q-502144-45212.913CM to purchase 150 Taser Electronic Control Weapons 3. Axon quote # Q-501843-45215.740CM to purchase 89 In-Car Cameras 4. Axon Master Services and Purchasing Agreement 5. CVPD Policy 448 – Portable Audio/Video Recorders 6. CVPD Policy 445 – Mobile Audio Video Staff Contact: Chief Roxana Kennedy, Police Department Captain Miriam Foxx, Police Department Page 257 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING MASTER SERVICES AND PURCHASING AGREEMENT AND QUOTES WITH AXON ENTERPRISE, INC. TO PURCHASE BODY WORN CAMERAS, TASER ELECTRONIC CONTROL WEAPONS AND IN-CAR CAMERAS AND RELATED SERVICES, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on December 2, 2022, the Police and Finance Departments issued Request for Proposal (RFP) # P03-2023 to furnish the City with Body Worn Cameras, Data Storage and Related Product Support Services; and WHEREAS, during the RFP process, the Police Department evaluated written proposals and conducted product testing; and WHEREAS, as a result of the RFP process, the Police Department recommends purchasing Body Worn Cameras, Taser Electronic Control Weapons, In-Car Cameras, and related services from Axon Enterprise, Inc; and WHEREAS, the three quotes from Axon Enterprise, Inc. for purchase of Body Worn Cameras, Taser Electronic Control Weapons and In-Car Cameras, each cover a five-year term. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Master Services and Purchasing Agreement between the City and Axon Enterprise, Inc., and approves quote # Q-447373-45231.997CM to purchase 290 Body Worn Cameras, quote # Q-502144-45212.913CM to purchase 150 Taser Electronic Control Weapons and quote # Q-501843-45215.740CM to purchase 89 In-Car Cameras, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Roxana Kennedy Jill D.S. Maland Chief of Police Lounsbery Ferguson Altona & Peak Acting City Attorney Page 258 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 1 Q-447373-45231.997CM Q-447373-45231.997CM Issued: 11/01/2023 Quote Expiration: 12/31/2023 Estimated Contract Start Date: 11/01/2023 Account Number: 106513 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Chula Vista Police Dept.-315 Fourth Ave 315 4TH AVE CHULA VISTA, CA 91910-3801 USA Chula Vista Police Dept. - CA 315 4TH AVE CHULA VISTA CA 91910-3801 USA Email: Chris Morton Phone: +1 2063106165 Email: cmorton@axon.com Fax: John English Phone: (619) 476-2452 Email: jenglish@chulavistapd.org Fax: Quote Summary Discount Summary Program Length 63 Months Average Savings Per Year $99,142.57 TOTAL COST $1,967,887.10 ESTIMATED TOTAL W/ TAX $1,998,944.49 TOTAL SAVINGS $520,498.50 Payment Summary Date Subtotal Tax Total Jan 2024 $393,577.42 $6,211.48 $399,788.90 Jan 2025 $393,577.42 $6,211.48 $399,788.90 Jan 2026 $393,577.42 $6,211.48 $399,788.90 Jan 2027 $393,577.42 $6,211.48 $399,788.90 Jan 2028 $393,577.42 $6,211.47 $399,788.89 Total $1,967,887.10 $31,057.39 $1,998,944.49 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 259 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 2 Q-447373-45231.997CM Quote Unbundled Price:$2,488,385.60 Quote List Price:$2,649,972.20 Quote Subtotal:$1,967,887.10 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 60 $40.33 $34.66 $27.51 $61,072.20 $3,786.64 $64,858.84 BWCamTAP Body Worn Camera TAP Bundle 290 60 $22.49 $32.50 $27.62 $480,588.00 $27,270.75 $507,858.75 A la Carte Hardware 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $39.00 $0.00 $0.00 $0.00 $0.00 H00001 AB4 Camera Bundle 290 $849.00 $0.00 $0.00 $0.00 $0.00 H00002 AB4 Multi Bay Dock Bundle 37 $1,638.90 $0.00 $0.00 $0.00 $0.00 A la Carte Software 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 3 $39.00 $0.00 $0.00 $0.00 $0.00 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 3 $24.00 $0.00 $0.00 $0.00 $0.00 73682 AUTO TAGGING LICENSE 290 60 $9.00 $7.65 $133,110.00 $0.00 $133,110.00 73680 RESPOND DEVICE PLUS LICENSE 290 60 $20.61 $17.52 $304,821.90 $0.00 $304,821.90 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 60 $24.00 $20.40 $354,960.00 $0.00 $354,960.00 ProLicense Pro License Bundle 290 60 $39.00 $35.91 $624,877.50 $0.00 $624,877.50 A la Carte Services 99901 ACCELERATE CONFERENCE REGISTRATION 30 $599.00 $0.00 $0.00 $0.00 $0.00 85144 AXON STARTER 1 $9,950.00 $8,457.50 $8,457.50 $0.00 $8,457.50 A la Carte Warranties 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 3 $20.85 $0.00 $0.00 $0.00 $0.00 80496 EXT WARRANTY, BODY 3 CAMERA 204 3 $11.70 $0.00 $0.00 $0.00 $0.00 Total $1,967,887.10 $31,057.39 $1,998,944.49 Page 260 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 3 Q-447373-45231.997CM Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 9 01/01/2024 AB4 Camera Bundle 100147 AXON BODY 4 - NA - US FIRST RESPONDER - BLK - RAPIDLOCK 290 01/01/2024 AB4 Camera Bundle 100466 USB-C to USB-C CABLE FOR AB4 319 01/01/2024 AB4 Camera Bundle 74028 WING CLIP MOUNT, AXON RAPIDLOCK 319 01/01/2024 AB4 Multi Bay Dock Bundle 100206 AXON BODY 4 - 8 BAY DOCK 37 01/01/2024 AB4 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 37 01/01/2024 AB4 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 37 01/01/2024 A la Carte 100775 AB4 MAGNETIC DISCONNECT CABLE 290 01/01/2024 Body Worn Camera Multi-Bay Dock TAP Bundle 73689 MULTI-BAY BWC DOCK 1ST REFRESH 37 07/01/2026 Body Worn Camera TAP Bundle 73309 AXON CAMERA REFRESH ONE 299 07/01/2026 Software Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 11/01/2023 01/31/2024 A la Carte 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 11/01/2023 01/31/2024 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 870 02/01/2024 01/31/2029 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 290 02/01/2024 01/31/2029 A la Carte 73680 RESPOND DEVICE PLUS LICENSE 290 02/01/2024 01/31/2029 A la Carte 73682 AUTO TAGGING LICENSE 290 02/01/2024 01/31/2029 A la Carte 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 02/01/2024 01/31/2029 Services Bundle Item Description QTY A la Carte 85144 AXON STARTER 1 A la Carte 99901 ACCELERATE CONFERENCE REGISTRATION 30 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date A la Carte 80496 EXT WARRANTY, BODY 3 CAMERA 204 11/01/2023 01/31/2024 A la Carte 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 11/01/2023 01/31/2024 Body Worn Camera Multi-Bay Dock TAP Bundle 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP)37 01/01/2025 01/31/2029 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)290 01/01/2025 01/31/2029 Body Worn Camera TAP Bundle 80464 EXT WARRANTY, CAMERA (TAP)9 01/01/2025 01/31/2029 Page 261 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 4 Q-447373-45231.997CM Payment Details Jan 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00 Year 1 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38 Year 1 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00 Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00 Year 1 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00 Year 1 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00 Year 1 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00 Year 1 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00 Year 1 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50 Year 1 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00 Year 1 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78 Year 1 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75 Year 1 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00 Year 1 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00 Year 1 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49 Total $393,577.42 $6,211.48 $399,788.90 Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00 Year 2 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38 Year 2 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00 Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00 Year 2 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00 Year 2 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00 Year 2 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00 Year 2 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00 Year 2 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50 Year 2 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00 Year 2 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78 Year 2 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75 Year 2 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00 Year 2 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00 Year 2 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49 Total $393,577.42 $6,211.48 $399,788.90 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00 Year 3 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38 Year 3 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00 Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00 Page 262 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 5 Q-447373-45231.997CM Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00 Year 3 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00 Year 3 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00 Year 3 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00 Year 3 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50 Year 3 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00 Year 3 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78 Year 3 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75 Year 3 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00 Year 3 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00 Year 3 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49 Total $393,577.42 $6,211.48 $399,788.90 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00 Year 4 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38 Year 4 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00 Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00 Year 4 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00 Year 4 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00 Year 4 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00 Year 4 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00 Year 4 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50 Year 4 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00 Year 4 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.33 $12,971.78 Year 4 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75 Year 4 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00 Year 4 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00 Year 4 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49 Total $393,577.42 $6,211.48 $399,788.90 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100775 AB4 MAGNETIC DISCONNECT CABLE 290 $0.00 $0.00 $0.00 Year 5 73680 RESPOND DEVICE PLUS LICENSE 290 $60,964.38 $0.00 $60,964.38 Year 5 73682 AUTO TAGGING LICENSE 290 $26,622.00 $0.00 $26,622.00 Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 204 $0.00 $0.00 $0.00 Year 5 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 290 $70,992.00 $0.00 $70,992.00 Year 5 73746 PROFESSIONAL EVIDENCE.COM LICENSE 227 $0.00 $0.00 $0.00 Year 5 80496 EXT WARRANTY, BODY 3 CAMERA 204 $0.00 $0.00 $0.00 Year 5 80498 EXT WARRANTY, BODY 3 EIGHT BAY DOCK 26 $0.00 $0.00 $0.00 Year 5 85144 AXON STARTER 1 $1,691.50 $0.00 $1,691.50 Year 5 99901 ACCELERATE CONFERENCE REGISTRATION 30 $0.00 $0.00 $0.00 Year 5 BWCamMBDTAP Body Worn Camera Multi-Bay Dock TAP Bundle 37 $12,214.45 $757.32 $12,971.77 Page 263 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 6 Q-447373-45231.997CM Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 BWCamTAP Body Worn Camera TAP Bundle 290 $96,117.60 $5,454.15 $101,571.75 Year 5 H00001 AB4 Camera Bundle 290 $0.00 $0.00 $0.00 Year 5 H00002 AB4 Multi Bay Dock Bundle 37 $0.00 $0.00 $0.00 Year 5 ProLicense Pro License Bundle 290 $124,975.49 $0.00 $124,975.49 Total $393,577.42 $6,211.47 $399,788.89 Page 264 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 7 Q-447373-45231.997CM Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 265 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 8 Q-447373-45231.997CM \s1\\d1\ John McCann, Mayor Date Signed 11/1/2023 ATTEST: Approved as to form ___________________________________ By:___________________________________ Kerry K. Bigelow, MMC, City Clerk Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 266 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 1 Q-502144-45212.913CM Q-502144-45212.913CM Issued: 10/13/2023 Quote Expiration: 12/31/2023 Estimated Contract Start Date: 02/01/2024 Account Number: 106513 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Chula Vista Police Dept.-315 Fourth Ave 315 4TH AVE CHULA VISTA, CA 91910-3801 USA Chula Vista Police Dept. - CA 315 4TH AVE CHULA VISTA CA 91910-3801 USA Email: Chris Morton Phone: +1 2063106165 Email: cmorton@axon.com Fax: John English Phone: (619) 476-2452 Email: jenglish@chulavistapd.org Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $16,954.00 TOTAL COST $858,148.70 ESTIMATED TOTAL W/ TAX $920,083.15 TOTAL SAVINGS $84,770.00 Payment Summary Date Subtotal Tax Total Jan 2024 $171,629.74 $12,386.88 $184,016.62 Jan 2025 $171,629.74 $12,386.88 $184,016.62 Jan 2026 $171,629.74 $12,386.88 $184,016.62 Jan 2027 $171,629.74 $12,386.88 $184,016.62 Jan 2028 $171,629.74 $12,386.93 $184,016.67 Total $858,148.70 $61,934.45 $920,083.15 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 267 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 2 Q-502144-45212.913CM Quote Unbundled Price:$942,918.70 Quote List Price:$864,948.70 Quote Subtotal:$858,148.70 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program T10Cert TASER 10 Certification Bundle 150 60 $83.68 $75.83 $75.83 $682,470.00 $50,158.03 $732,628.03 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 60 $28.30 $27.08 $27.08 $162,480.00 $11,492.17 $173,972.17 A la Carte Hardware T7Dock T7 Dock 2 $1,624.35 $1,624.35 $3,248.70 $284.25 $3,532.95 A la Carte Services 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $6,800.00 $0.00 $0.00 $0.00 $0.00 85147 CEW STARTER 1 $9,950.00 $9,950.00 $9,950.00 $0.00 $9,950.00 Total $858,148.70 $61,934.45 $920,083.15 Page 268 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 3 Q-502144-45212.913CM Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 1000 01/01/2024 T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2024 T7 Dock 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 01/01/2024 T7 Dock 74200 TASER 6-BAY DOCK AND CORE 2 01/01/2024 TASER 10 Certification Bundle 100390 TASER 10 HANDLE, YLW, CLASS 3R 150 01/01/2024 TASER 10 Certification Bundle 100390 TASER 10 HANDLE, YLW, CLASS 3R 5 01/01/2024 TASER 10 Certification Bundle 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 150 01/01/2024 TASER 10 Certification Bundle 100393 TASER 10 LIVE DUTY MAGAZINE BLACK 5 01/01/2024 TASER 10 Certification Bundle 100394 TASER 10 HALT TRN MAGAZINE BLUE (HOOK-AND-LOOP-TRAINING)6 01/01/2024 TASER 10 Certification Bundle 100395 TASER 10 LIVE TRAINING MAGAZINE PURPLE 6 01/01/2024 TASER 10 Certification Bundle 100396 TASER 10 INERT MAGAZINE RED 6 01/01/2024 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 3000 01/01/2024 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2024 TASER 10 Certification Bundle 100401 TASER 10 INERT CARTRIDGE 60 01/01/2024 TASER 10 Certification Bundle 100611 TASER 10 SAFARILAND HOLSTER, RH 110 01/01/2024 TASER 10 Certification Bundle 100613 TASER 10 SAFARILAND HOLSTER, LH 40 01/01/2024 TASER 10 Certification Bundle 100623 ENHANCED HOOK-AND-LOOP TRAINING (HALT) SUIT (V2)3 01/01/2024 TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 150 01/01/2024 TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 26 01/01/2024 TASER 10 Certification Bundle 20018 TASER BATTERY PACK, TACTICAL 5 01/01/2024 TASER 10 Certification Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 01/01/2024 TASER 10 Certification Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 01/01/2024 TASER 10 Certification Bundle 74200 TASER 6-BAY DOCK AND CORE 2 01/01/2024 TASER 10 Certification Bundle 80087 TASER TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED)2 01/01/2024 TASER 10 Certification Bundle 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 01/01/2024 T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2025 T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2025 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2025 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2025 T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2026 T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2026 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2026 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2026 T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2027 T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2027 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2027 TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2027 T10 CERTIFICATION ADD-ON BUNDLE 100399 TASER 10 LIVE CARTRIDGE 200 01/01/2028 T10 CERTIFICATION ADD-ON BUNDLE 100400 TASER 10 HALT CARTRIDGE 600 01/01/2028 TASER 10 Certification Bundle 100399 TASER 10 LIVE CARTRIDGE 300 01/01/2028 Page 269 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 4 Q-502144-45212.913CM Hardware Bundle Item Description QTY Estimated Delivery Date TASER 10 Certification Bundle 100400 TASER 10 HALT CARTRIDGE 900 01/01/2028 Software Bundle Item Description QTY Estimated Start Date Estimated End Date T10 CERTIFICATION ADD-ON BUNDLE 20248 TASER 7 EVIDENCE.COM LICENSE 100 02/01/2024 01/31/2029 TASER 10 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 150 02/01/2024 01/31/2029 TASER 10 Certification Bundle 20248 TASER 7 EVIDENCE.COM LICENSE 2 02/01/2024 01/31/2029 Services Bundle Item Description QTY T10 CERTIFICATION ADD-ON BUNDLE 100751 TASER 10 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 100 TASER 10 Certification Bundle 100751 TASER 10 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 150 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 TASER 10 Certification Bundle 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 2 A la Carte 85147 CEW STARTER 1 A la Carte 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date TASER 10 Certification Bundle 100704 EXT WARRANTY, TASER 10 HANDLE 150 01/01/2025 01/31/2029 TASER 10 Certification Bundle 100704 EXT WARRANTY, TASER 10 HANDLE 5 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 150 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 5 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80374 EXT WARRANTY, TASER 7 BATTERY PACK 26 01/01/2025 01/31/2029 TASER 10 Certification Bundle 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 2 01/01/2025 01/31/2029 Page 270 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 5 Q-502144-45212.913CM Payment Details Jan 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 1 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 1 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43 Year 1 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60 Year 1 T7Dock T7 Dock 2 $649.74 $56.85 $706.59 Total $171,629.74 $12,386.88 $184,016.62 Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 2 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 2 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43 Year 2 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60 Year 2 T7Dock T7 Dock 2 $649.74 $56.85 $706.59 Total $171,629.74 $12,386.88 $184,016.62 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 3 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 3 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43 Year 3 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60 Year 3 T7Dock T7 Dock 2 $649.74 $56.85 $706.59 Total $171,629.74 $12,386.88 $184,016.62 Jan 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 4 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 4 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.43 $34,794.43 Year 4 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.60 $146,525.60 Year 4 T7Dock T7 Dock 2 $649.74 $56.85 $706.59 Total $171,629.74 $12,386.88 $184,016.62 Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 85147 CEW STARTER 1 $1,990.00 $0.00 $1,990.00 Year 5 85149 CEW 2 DAY PRODUCT SPECIFIC INSTRUCTOR COURSE 1 $0.00 $0.00 $0.00 Year 5 C00001 T10 CERTIFICATION ADD-ON BUNDLE 100 $32,496.00 $2,298.45 $34,794.45 Year 5 T10Cert TASER 10 Certification Bundle 150 $136,494.00 $10,031.63 $146,525.63 Page 271 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 6 Q-502144-45212.913CM Jan 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 T7Dock T7 Dock 2 $649.74 $56.85 $706.59 Total $171,629.74 $12,386.93 $184,016.67 Page 272 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 7 Q-502144-45212.913CM Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 273 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 8 Q-502144-45212.913CM \s1\\d1\ John McCann, Mayor Date Signed 10/13/2023 ATTEST: Approved as to form ___________________________________ By: ____________________________ Kerry K. Bigelow, MMC, City Clerk Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 274 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 1 Q-501843-45215.740CM Q-501843-45215.740CM Issued: 10/16/2023 Quote Expiration: 12/31/2023 Estimated Contract Start Date: 05/01/2024 Account Number: 106513 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Chula Vista Police Dept.-315 Fourth Ave 315 4TH AVE CHULA VISTA, CA 91910-3801 USA Chula Vista Police Dept. - CA 315 4TH AVE CHULA VISTA CA 91910-3801 USA Email: Chris Morton Phone: +1 2063106165 Email: cmorton@axon.com Fax: John English Phone: (619) 476-2452 Email: jenglish@chulavistapd.org Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $87,958.52 TOTAL COST $1,148,416.70 ESTIMATED TOTAL W/ TAX $1,191,652.33 TOTAL SAVINGS $439,792.60 Payment Summary Date Subtotal Tax Total Apr 2024 $228,513.34 $8,598.20 $237,111.54 May 2024 $5,850.00 $244.65 $6,094.65 Apr 2025 $228,513.34 $8,598.20 $237,111.54 Apr 2026 $228,513.34 $8,598.20 $237,111.54 Apr 2027 $228,513.34 $8,598.20 $237,111.54 Apr 2028 $228,513.34 $8,598.18 $237,111.52 Total $1,148,416.70 $43,235.63 $1,191,652.33 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 275 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 2 Q-501843-45215.740CM Quote Unbundled Price:$1,588,209.30 Quote List Price:$1,322,332.50 Quote Subtotal:$1,148,416.70 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program Fleet3A Fleet 3 Advanced 77 60 $306.16 $254.57 $222.75 $1,029,105.00 $38,700.50 $1,067,805.50 Fleet3A Fleet 3 Advanced 8 60 $303.46 $254.57 $205.01 $98,404.80 $3,662.73 $102,067.53 InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 3 60 $38.78 $32.50 $32.50 $5,850.00 $244.65 $6,094.65 Fleet3A Fleet 3 Advanced 1 60 $303.46 $254.57 $205.01 $12,300.60 $457.81 $12,758.41 A la Carte Hardware 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $39.00 $0.00 $0.00 $0.00 $0.00 H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $251.13 $275.63 $2,756.30 $169.94 $2,926.24 Total $1,148,416.70 $43,235.63 $1,191,652.33 Page 276 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 3 Q-501843-45215.740CM Delivery Schedule Hardware Bundle Item Description QTY Estimated Delivery Date AB4 FLEX POV HARDWARE BUNDLE 100200 AB4 FLEX POV MODULE 10 04/01/2024 AB4 FLEX POV HARDWARE BUNDLE 100852 AXON BODY 4 POV C-CLIP 10 04/01/2024 AB4 FLEX POV HARDWARE BUNDLE 100854 AXON BODY 4 POV TACTICAL SWAT KIT W/ARC RAIL 11 04/01/2024 AB4 FLEX POV HARDWARE BUNDLE 100958 AB4 FLEX POV MODULE CABLE 48 IN.10 04/01/2024 Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 77 04/01/2024 Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 1 04/01/2024 Fleet 3 Advanced 11634 CRADLEPOINT IBR900-1200M-B-NPS+5YR NETCLOUD 8 04/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 77 04/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 1 04/01/2024 Fleet 3 Advanced 70112 AXON SIGNAL UNIT 8 04/01/2024 Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 77 04/01/2024 Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 1 04/01/2024 Fleet 3 Advanced 71200 FLEET ANT, AIRGAIN, 5-IN-1, 2LTE, 2WIFI, 1GNSS, BL 8 04/01/2024 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 77 04/01/2024 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 1 04/01/2024 Fleet 3 Advanced 72034 FLEET SIM INSERTION, VZW 8 04/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 77 04/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 1 04/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 8 04/01/2024 Fleet 3 Advanced 72036 FLEET 3 STANDARD 2 CAMERA KIT 2 04/01/2024 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72002 FLEET 3 INTERIOR CAMERA, INTERIOR MOUNT 3 04/01/2024 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72032 FLEET ETHERNET CABLE, CAT6, 20 FT 3 04/01/2024 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72037 FLEET 3 INTERIOR CAMERA 3 04/01/2024 A la Carte 100775 AB4 MAGNETIC DISCONNECT CABLE 10 04/01/2024 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 77 04/01/2029 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 2 04/01/2029 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 8 04/01/2029 Fleet 3 Advanced 72040 FLEET REFRESH, 2 CAMERA KIT 1 04/01/2029 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 72042 FLEET INTERIOR CAMERA REFRESH 3 04/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 77 05/01/2024 04/30/2029 Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 1 05/01/2024 04/30/2029 Fleet 3 Advanced 80400 FLEET, VEHICLE LICENSE 8 05/01/2024 04/30/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 77 05/01/2024 04/30/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 1 05/01/2024 04/30/2029 Fleet 3 Advanced 80401 FLEET 3, ALPR LICENSE, 1 CAMERA 8 05/01/2024 04/30/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 77 05/01/2024 04/30/2029 Page 277 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 4 Q-501843-45215.740CM Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 1 05/01/2024 04/30/2029 Fleet 3 Advanced 80402 RESPOND DEVICE LICENSE - FLEET 3 8 05/01/2024 04/30/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 154 05/01/2024 04/30/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 16 05/01/2024 04/30/2029 Fleet 3 Advanced 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 2 05/01/2024 04/30/2029 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 80410 FLEET, UNLIMITED STORAGE, 1 CAMERA 3 05/01/2024 04/30/2029 Services Bundle Item Description QTY Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)77 Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)8 Fleet 3 Advanced 73391 FLEET 3 DEPLOYMENT (PER VEHICLE)1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date AB4 FLEX POV HARDWARE BUNDLE 100945 EXT WARRANTY, AB4 FLEX POV MODULE 10 04/01/2025 04/30/2029 Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 77 04/01/2025 04/30/2029 Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 1 04/01/2025 04/30/2029 Fleet 3 Advanced 80379 EXT WARRANTY, AXON SIGNAL UNIT 8 04/01/2025 04/30/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 77 04/01/2025 04/30/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 2 04/01/2025 04/30/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 8 04/01/2025 04/30/2029 Fleet 3 Advanced 80495 EXT WARRANTY, FLEET 3, 2 CAMERA KIT 1 04/01/2025 04/30/2029 FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 80385 EXT WARRANTY, FLEET 3, INTERIOR CAMERA 3 04/01/2025 04/30/2029 Page 278 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 5 Q-501843-45215.740CM Payment Details Apr 2024 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00 Year 1 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25 Year 1 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11 Year 1 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67 Year 1 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51 Total $228,513.34 $8,598.20 $237,111.54 May 2024 Invoice Plan Item Description Qty Subtotal Tax Total Invoice Upon Fulfillment InteriorCam+TAP FLEET 3 INTERIOR CAMERA, ADD-ON BUNDLE WITH TAP 3 $5,850.00 $244.65 $6,094.65 Total $5,850.00 $244.65 $6,094.65 Apr 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00 Year 2 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25 Year 2 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11 Year 2 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67 Year 2 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51 Total $228,513.34 $8,598.20 $237,111.54 Apr 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00 Year 3 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25 Year 3 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11 Year 3 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67 Year 3 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51 Total $228,513.34 $8,598.20 $237,111.54 Apr 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00 Year 4 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.99 $585.25 Year 4 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11 Year 4 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.56 $2,551.67 Year 4 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.55 $20,413.51 Total $228,513.34 $8,598.20 $237,111.54 Page 279 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 6 Q-501843-45215.740CM Apr 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 - AB4 POV 100775 AB4 MAGNETIC DISCONNECT CABLE 10 $0.00 $0.00 $0.00 Year 5 - AB4 POV H00004 AB4 FLEX POV HARDWARE BUNDLE 10 $551.26 $33.98 $585.24 Year 5 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 77 $205,821.01 $7,740.10 $213,561.11 Year 5 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 8 $19,680.96 $732.53 $20,413.49 Year 5 - Fleet 3 Advanced Fleet3A Fleet 3 Advanced 1 $2,460.11 $91.57 $2,551.68 Total $228,513.34 $8,598.18 $237,111.52 Page 280 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 7 Q-501843-45215.740CM Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 281 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 8 Q-501843-45215.740CM \s1\\d1\ John McCann, Mayor Date Signed 10/16/2023 ATTEST: Approved as to form ___________________________________ By:___________________________________ Kerry K. Bigelow, MMC, City Clerk Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 282 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and Chula Vista Police Dept. - CA the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer) Purpose and Intent AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW. This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW. Acceptance Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW. Force Majeure Page 283 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence. Schedule Change Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work. Axon Fleet Deliverables Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only. Security Clearance and Access Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements. Training AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON. Local Computer Page 284 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables. Network AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables. Cradlepoint Router When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work. Evidence.com AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW. Wireless Upload System If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale. VEHICLE INSTALLATION Preparedness Page 285 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence. Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW. Existing Mobile Video Camera System Removal On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY. Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space. Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer. In-Car Hardware/Software Delivery and Installation On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process. If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties. Page 286 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation. Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type. Agreed placement will be documented by the AXON Installer. AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. Page 287 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. Page 288 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 1 of 21 This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the agency listed below or, if no agency is listed below, the agency on the Quote attached hereto ("Agency"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) signature date on the Quote ("Effective Date"). Axon and Agency are each a "Party" and collectively "Parties". This Agreement governs Agency’s purchase and use of the Axon Devices and Services detailed in the Quote Appendix ("Quote"). It is the intent of the Parties that this Agreement will govern all subsequent purchases by Agency for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted and signed by Agency shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows: 1. Definitions. 1.1. "Axon Cloud Services" means Axon’s web services for Axon Evidence, Axon Records, Axon Dispatch, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. 1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices. 1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Agency’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. 1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term"). 2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term"). 2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional one year ("Renewal Term"), unless a notice of non-renewal is provided in writing thirty (30) days prior to the expiration of the Subscription Term.. For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3. Payment. Axon invoices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Payment obligations are non-cancelable, except as otherwise provided in this Agreement. Agency will pay all undisputed invoices without setoff, deduction, or withholding. 4. Taxes. Agency is responsible for sales and other taxes associated with the order unless Agency provides Axon a valid tax exemption certificate. 5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are FOB Destination via common carrier. Title and risk of loss pass to Agency upon Axon’s delivery to the Agency. Agency is responsible for any shipping charges in the Quote. 6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7. Warranty. 7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Agency’s receipt, except Signal Sidearm and Axon -manufactured accessories, which Axon warrants for thirty (30) months and ninety (90) days, respectively, from the date of Agency’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term. 7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not Page 289 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 2 of 21 manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. In the event that Axon has provided Third Party Products to Agency, Axon will provide copies of the relevant warranties provided by such third-party provider or manufacturer. 7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon -manufactured Device with the same or like Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1. If Agency exchanges an Axon Device or part, the replacement item becomes Agency’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Agency must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service. 7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Agency a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Agency submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Agency in accordance with shipping terms under Section 5. Axon assumes no liability or obligation in the event Agency does not utilize Spare Axon Devices for the intended purpose. 7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions , except where authorized by Axon; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Agency resells Axon Devices. 7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Agency confirms and agrees that, in deciding whether to sign this Agreement, it has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement. 7.5.2. Neither party’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to any Axon Device or Service will not exceed $1 million except for (i) the amounts payable pursuant to any valid insurance claim covered by a party’s insurance; (ii) Axon’s indemnification obligations set forth in Section 14 of this Agreement; (iii) claims arising out of a breach by Axon of its obligations under Section 13 and 17 of this Agreement; (iv) Axon’s breach of the Cloud Services Terms of Use Appendix; or (v) a party’s fraud which shall not exceed $3 million. Neither Party will be liable for direct, special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. The foregoing limitation of liability excludes: (i)_ claims arising out of a party’s willful misconduct; and (ii) Axon’s intellectual property indemnification obligations as set forth in Section 14 of this Agreement; (ii) 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions. 7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Agency and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms- and-conditions, if any. 7.8. Axon Aid. Upon mutual agreement between Axon and Agency, Axon may provide certain products and services to Agency, as a charitable donation under the Axon Aid program. In such event, Agency expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, Page 290 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 3 of 21 employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Agency agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Agency expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Agency. 8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Agency, Axon is only responsible for the performance of Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 9. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings. 10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Agency or making the same change to Axon Devices and Services previously purchased by Agency. 11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Agency’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Agency’s election not to utilize any portion of an Axon bundle. 12. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance and any other insurance required in Exhibit A. Upon request, Axon will supply certificates of insurance. 13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Agency will not violate any Axon proprietary rights. 14. Indemnification. Axon will defend, hold harmless and indemnify Agency against all claims, losses, and reasonable expenses from any third-party claim arising out of: (i) allegation that the use of Axon-manufactured Devices or Services infringes or misappropriates the third-party’s intellectual property rights; (ii) Axon’s breach of this Agreement or violation of applicable laws in the performance of this Agreement; or (iii) personal injury or property damage caused by the negligent acts, errors or omissions, or willful misconduct Axon’s employees, agents or subcontractors in the performance of this Agreement. Agency must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and reasonably cooperate with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon-manufactured Devices or Services by Agency or a third-party not approved by Axon; (b) use of Axon- manufactured Devices and Services in combination with hardware or services not approved by Axon; (c) use of Axon Devices and Services other than as permitted in this Agreement; or (d) use of Axon software that is not the most current release provided by Axon. In the event that an Axon Device or Service is determined to be infringing, then Axon will (i) obtain a license for Agency to continue use of the Axon Device or Service; (ii) provide Agency with a substantially similar device or service that is non-infringing; or (iii) refund to Agency the price paid for the infringing Axon Device and any Service fee for the remainder of the Subscription Term or any Renewal Term. 15. Agency Responsibilities. Agency is responsible for (a) Agency’s use of Axon Devices; (b) breach of this Agreement or violation of applicable law by Agency or an Agency end user; (c) disputes between Agency and a third-party over Agency’s use of Axon Devices unless due to Axon’s negligent acts and omissions or unless as otherwise provided in this Agreement; ; (d) ensuring Axon Devices are destroyed and disposed of securely and sustainably at Agency’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 16. Termination. 16.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured at the end of thirty (30) days. If Agency terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 16.2. By Agency. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Agency may terminate this Agreement without further liability to Axon. Agency will deliver notice of termination under this section as soon as reasonably practicable. 16.3. Effect of Termination. Upon termination of this Agreement, Agency rights immediately terminate. Agency remains responsible for all fees incurred before the effective date of termination. If Agency purchases Page 291 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 4 of 21 Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement is terminated by Axon before the end of the Term due to Agency’s breach of the Agreement, Axon will invoice Agency the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices. Only if terminating for non-appropriation, Agency may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 16.4. Return of Data. Upon expiration or termination of this Agreement for any reason, Axon will provide Agency will access to the Axon Cloud Services for a period of ninety (90) days for the purpose of downloading all Agency Content and Agency Content Metadata. 17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential, including but not limited to Agency Content. Each Party will take shall not disclose, disseminate, or use of the other Party’s Confidential Information without express written consent of the other Party. Unless required by law, including but not limited to California Public Records Act, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter or perpetually with respect to Agency Content and Agency Content Metadata. If Agency receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Agency will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement upon written approval of Agency. Axon shall not sell any Confidential Information to third parties, nor shall it use or disclose Confidential Information for any purposes other than to perform its obligations under this Agreement. Agency Content and Agency Content Metadata shall be treated as Confidential Information of Agency. 18. General. 18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. 18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 18.5. Export Compliance. Each Party will comply with all import and export control laws and regulations. 18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent, which approval shall not be unreasonably withheld. . 18.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitute s a waiver of that right. 18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, and Agency Responsibilities. 18.10. Governing Law. The laws of the country, state, province, or municipality where Agency is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 18.11. Pricing. Axon will honor the prices on the Quote for two (2) years from the Effective Date for additional purchases of up to 10% of the quantities listed on the Quote. 18.12. Notices. All notices must be in writing and in English. Notices posted on Agency’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email provided such email notice is confirmed by return email of the other party. Notice of default must also be given via overnight courier and email. Notices by personal delivery are effective immediately. Notice by overnight courier are effective upon Page 292 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 5 of 21 receipt. Notices to Agency shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc., Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. 18.12 Entire Agreement. This Agreement, including the Appendices and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature. AXON: AGENCY: Axon Enterprise, Inc. City of Chula Vista Signature: Signature: Name: Robert E. Driscoll, Jr. Name: John McCann Title: VP, Assoc. General Counsel Title: Mayor Date: Date: Approved as to Form By: ________________________________ Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 293 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 6 of 21 Axon Cloud Services Terms of Use Appendix 1. Definitions. a. "Agency Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Agency’s tenant, including media or multimedia uploaded into Axon Cloud Services by Agency. Agency Content includes Evidence and personally identifiable information, , but excludes Non-Content Data. 2. “Agency Content Metadata” is data that is collected by Axon Cloud Services in connection with the upload, download, management and use of Agency Content and Evidence and includes time and data stamps of access to Agency Content and Evidence by user. a. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by an Agency. Evidence is a subset of Agency Content. b. "Non-Content Data" is data, configuration, and usage information about Agency’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Agency Content and does not include Personal Data, but may include Agency Content Metadata c. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 3. Access. Upon Axon granting Agency a subscription to Axon Cloud Services, Agency may access and use Axon Cloud Services to store and manage and download Agency Content and Agency Content Metadata. Agency may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Agency may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Agency may not upload non-TASER Data to Axon Evidence Lite. 4. Agency Owns Agency Content; Right to Use Agency Content Metadata. Agency controls and owns all right, title, and interest in Agency Content. Except as outlined herein, Axon obtains no interest in Agency Content, and Agency Content is not Axon’s business records. Agency is solely responsible for uploading, sharing, managing, and deleting Agency Content. Axon will only have access to Agency Content for the limited purposes set forth herein. Agency agrees to allow Axon access to Agency Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. Agency further has the right to access, use and download Agency Content Metadata. 5. Security. Axon will implement commercially reasonable and appropriate measures to secure Agency Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Agency Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum. 6. Agency Responsibilities. Agency is responsible for (a) ensuring Agency owns Agency Content; (b) ensuring no Agency Content or Agency end user’s use of Agency Content or Axon Cloud Services violates this Agreement or applicable laws; and (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services. If Agency becomes aware of any violation of this Agreement by an end user, Agency will immediately terminate that end user’s access to Axon Cloud Services. a. Agency will also maintain the security of end usernames and passwords and security and access by end users to Agency Content. Agency is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Agency regulation and standards. Agency may not sell, transfer, or sublicense access to any other entity or person. Agency shall contact Axon immediately if it is aware that an unauthorized party may be using Agency’s account or Agency Content, or if account information is lost or stolen. Page 294 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 7 of 21 b. To the extent Agency uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. 7. Privacy. Agency’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Agency agrees to allow Axon access to Non-Content Data from Agency to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce thi s Agreement or policies governing the use of Axon products. Axon will not disclose Agency Content, Agency Content Metadata or information about Agency except as compelled by a court or administrative body or required by law or regulation. If Axon receives a disclosure request for Agency Content, Axon will give Agency notice, unless legally prohibited from doing so, to allow Agency to file an objection with the court or administrative body. 8. Axon Body 3 Wi-Fi Positioning. Axon Body 3 cameras offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Agency administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Agency chooses to use this service, Axon must also enable the usage of the feature for Agency’s Axon Cloud Services tenant. Agency will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Agency’s Axon Cloud Services tenant. When Wi-Fi Positioning is enabled by both Axon and Agency, Non-Content and Personal Data will be sent to Skyhook Holdings, Inc. ("Skyhook") to facilitate the Wi-Fi Positioning functionality. Data controlled by Skyhook is outside the scope of the Axon Cloud Services Privacy Policy and is subject to the Skyhook Services Privacy Policy. 9. Storage. For Axon Unlimited Device Storage subscriptions, Agency may store unlimited data in Agency's Axon Evidence account only if data originates from Axon Capture or the applicable Axon Device. Axon may charge Agency additional fees for exceeding purchased storage amounts. Axon may place Agency Content that Agency has not viewed or accessed for six (6) months into archival storage. Agency Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon’s Evidence.com user license; (ii) is limited to data of the law enforcement agency that purchased the Third-Party Unlimited Storage and the Axon’s Evidence.com end user or Agency is prohibited from storing data for other law enforcement agencies; and (iii) Agency may only upload and store data that is directly related to: (1) the investigation of, or the prosecution of a crime; (2) common law enforcement activities; or (3) any Age ncy Content created by Axon Devices or Evidence.com. 10. Location of Storage. Axon may transfer Agency Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Agency Content, provided they are in the United States. Any storage of Agency Content outside of the United States shall be subject to Agency’s written consent . For United States agencies, Axon will ensure all Agency Content stored in Axon Cloud Services remains within the United States . Ownership of Agency Content remains with Agency. All Agency Content will be encrypted during transfer and at rest. Any subcontractors that have access to Agency Content under this Agreement, shall have confidentiality obligations substantially similar to the confidentiality obligations in this Agreement, and shall not access or use Agency Content for any purpose other than to perform Axon’s obligations under this Agreement. 11. Suspension. Axon may temporarily suspend Agency’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Agency or end user’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely and irreparably impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Axon acknowledges that suspension could cause disruption to Agency’s law enforcement activities and unless immediate action is necessary to protect the security of Axon Cloud Services, Axon will make reasonable efforts to contact Agency to resolve an issue prior to suspension. 12. Agency remains responsible for all fees incurred through suspension. Axon will not delete Agency Content because of suspension, except as specified in this Agreement. 13. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Agency uploads data to Axon Cloud Services. Page 295 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 8 of 21 14. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Agency purchases an OSP 7 or OSP 10 bundle. During Agency’s Axon Records Subscription Term, if any, Agency will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. a. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription") b. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. c. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Agency purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Agency. Users of Axon Records at the Agency may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Agency exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages. 15. Axon Cloud Services Restrictions. Agency and Agency end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: a. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; b. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; c. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; d. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; e. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; f. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or g. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code. 16. After Termination. Axon will not delete Agency Content and Agency Content Metadata for ninety (90) days following termination. There will be no functionality of Axon Cloud Services during these ninety (90) days other than the ability to retrieve Agency Content and Agency Content Metadata. Agency will not incur additional fees if Agency downloads Agency Content and Agency Content Metadata from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Agency Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Agency Content and Agency Content Metadata. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Agency Content from Axon Cloud Services. 17. Post-Termination Assistance. Axon will provide Agency with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Agency Content and Agency Content Metadata, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 18. U.S. Government Rights. If Agency is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Page 296 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 9 of 21 Regulation and Defense Federal Acquisition Regulation Supplement. If Agency is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Agency will immediately discontinue use of Axon Cloud Services. 19. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Agency Owns Agency Content, Privacy, Storage, Axon Cloud Services Warranty, and Axon Cloud Services Restrictions. Page 297 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 10 of 21 Professional Services Appendix If any of the Professional Services specified below are included on the Quote, this Appendix applies. 1. Utilization of Services. Agency must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date. 2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Agency to assess Agency’s deployment and determine which on-site services are appropriate. If Agency requires more than four (4) consecutive on-site days, Agency must purchase additional days. Axon Full Service options include: System set up and configuration • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories and custom roles based on Agency need • Register cameras to Agency domain • Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access • One on-site session included Dock configuration • Work with Agency to decide the ideal location of Docks and set configurations on Dock • Authenticate Dock with Axon Evidence using admin credentials from Agency • On-site assistance, not to include physical mounting of docks Best practice implementation planning session • Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management • Provide referrals of other agencies using the Axon camera devices and Axon Evidence • Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions Step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training Tailored workflow instruction for Investigative Units on sharing Cases and Evidence with local prosecuting agencies End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide Post go-live review 3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency’s deployment and determine which Services are appropriate. If Agency requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Starter options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon View on smartphones (if applicable) • Configure categories & custom roles based on Agency need • Troubleshoot IT issues with Axon Evidence and Dock access Page 298 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 11 of 21 Dock configuration • Work with Agency to decide the ideal location of Dock setup and set configurations on Dock • Authenticate Dock with Axon Evidence using "Administrator" credentials from Agency • Does not include physical mounting of docks Axon instructor training (Train the Trainer) Training for Agency’s in-house instructors who can support Agency’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations End user go-live training and support sessions • Assistance with device set up and configuration • Training on device use, Axon Evidence, and Evidence Sync Implementation document packet Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide 4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services. 5. CEW Services Packages. CEW Services Packages are detailed below: System set up and configuration • Configure Axon Evidence categories & custom roles based on Agency need. • Troubleshoot IT issues with Axon Evidence. • Register users and assign roles in Axon Evidence. • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included Dedicated Project Manager Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Agency 4–6 weeks before rollout Best practice implementation planning session to include: • Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other agencies • Discuss the importance of entering metadata and best practices for digital data management • Provide referrals to other agencies using TASER CEWs and Axon Evidence • For the CEW Full Service Package: On-site assistance included • For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions On-site sessions providing a step-by-step explanation and assistance for Agency’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training • Provide training on the Axon Evidence to educate instructors who can support Agency’s subsequent Axon Evidence training needs. • For the CEW Full Service Package: Training for up to 3 individuals at Agency • For the CEW Starter Package: Training for up to 1 individual at Agency TASER CEW inspection and device assignment Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence. Post go-live review For the CEW Full Service Package: On-site assistance included. For the CEW Starter Package: Virtual assistance included. 6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes: Archival of CEW Firing Logs Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Agency is replacing with newer Smart Weapon models. Page 299 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 12 of 21 Return of Old Weapons Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters. Axon will provide Agency with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course. 7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Agency to assess Agency's deployment and determine which Services are appropriate. The VR Service training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon VR headset content • Configure agency settings based on Agency need • Troubleshoot IT issues with Axon VR headset Axon instructor training (Train the Trainer) Training for up to five (5) Agency's in-house instructors who can support Agency's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Agency's configuration of Axon VR CET and SIM functionality, basic operation, and best practices 8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Agency to assess Agency's deployment and determine which Services are appropriate. If Agency's requires more than one (1) day of on-site Services, Agency must purchase additional on-site Services. The Axon Air, On-Site training options include: System set up and configuration (Remote Support) • Instructor-led setup of Axon Air App (ASDS) • Configure agency settings based on Agency need • Configure drone controller • Troubleshoot IT issues with Axon Evidence Axon instructor training (Train the Trainer) Training for Agency's in-house instructors who can support Agency's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions Step-by-step explanation and assistance for Agency's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices 9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually. 10. Signal Sidearm Installation Service. a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Agency is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration. 11. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote and this Appendix. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule. 12. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours. Page 300 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 13 of 21 13. Access Computer Systems to Perform Services. Agency authorizes Axon to access relevant Agency computers and networks, solely for performing the Services subject to compliance with reasonable Agency security protocols for remote access. Axon agrees that Axon, its employees and subcontractors will not install any malware, tracking software or disabling devices when accessing Agency’s computers and networks. . Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. 14. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Agency or Axon), Agency must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation. Following installation, Agency must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Agency when Axon generally releases it 15. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Agency. Agency will sign the Acceptance Form acknowledging completion. If Agency reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Agency must notify Axon in writing of the specific reasons for rejection within thirty (30) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Agency to have accepted the professional services. 16. Agency Network. For work performed by Axon transiting or making use of Agency’s network, Agency is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Agency’s network from any cause, unless to the extent caused by Axon’s acts or omissions. Page 301 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 14 of 21 Technology Assurance Plan Appendix If Technology Assurance Plan ("TAP") or a bundle including TAP is on the Quote, this appendix applies. 1. TAP Warranty. The TAP warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty. 2. Officer Safety Plan. If Agency purchases an Officer Safety Plan ("OSP"), Agency will receive the deliverables detailed in the Quote. Agency must accept delivery of the TASER CEW and accessories as soon as available from Axon. 3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term"). 4. TAP BWC Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon body-worn camera ("BWC Upgrade") as scheduled in the Quote. If Agency purchased TAP, Axon will provide a BWC Upgrade that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Upgrade will utilize the same accessories or Axon Dock. 5. TAP Dock Upgrade. If Agency has no outstanding payment obligations and purchased TAP, Axon will provide Agency a new Axon Dock as scheduled in the Quote ("Dock Upgrade"). Accessories associated with any Dock Upgrades are subject to change at Axon discretion. Dock Upgrades will only include a new Axon Dock bay configuration unless a new Axon Dock core is required for BWC compatibility. If Agency originally purchased a single-bay Axon Dock, the Dock Upgrade will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Agency originally purchased a multi-bay Axon Dock, the Dock Upgrade will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option. 6. Upgrade Delay. Axon may ship the BWC and Dock Upgrades as scheduled in the Quote without prior confirmation from Agency unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Upgrade as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Agency. 7. Upgrade Change. If Agency wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Agency must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Agency desires has an MSRP less than the MSRP of the offered BWC Upgrade or Dock Upgrade, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade. 8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Agency does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 9. Termination. If Agency’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, and Agency fails to make such overdue payments within thirty (30) days notice from Axon, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason: 9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given. 9.2. Axon will not and has no obligation to provide the Upgrade Models. 9.3. Agency must make any missed payments due to the termination before Agency may purchase any future TAP or OSP. Page 302 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 15 of 21 TASER 10 Appendix This TASER 10 Appendix applies to Agency’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable. 1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Agency must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Agency may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2. Training. If the Quote includes a training voucher, Agency must use the voucher within one (1) year of issuance, or the voucher will be void. Axon will issue Agency a voucher annually beginning on the start of the TASER Subscription Term. The voucher has no cash value. Agency cannot exchange it for another device or service. Unless stated in the Quote, the voucher does not include travel expenses and will be Agency’s responsibility. If the Quote includes Axon Online Training or Virtual Reality Content Empathy Development for Autism/Schizophrenia (collectively, "Training Content"), Agency may access Training Content. Axon will deliver all Training Content electronically. 3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term. 4. Trade-in. If the Quote contains a discount on CEW-related line items, including items related to OSP, then that discount may only be applied as a trade-in credit, and Agency must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon. Agency must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Agency the value of the trade-in credit. Agency may not destroy Trade-In Units and receive a trade-in credit. Agency Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days 100 to 499 officers 90 days 500+ officers 180 days 5. TASER 10 Subscription Term. The TASER 10 Subscription Term for a standalone TASER 10 purchase begins on shipment of the TASER 10 hardware. The TASER 10 Subscription Term for OSP 10 begins on the OSP 10 start date. 6. Access Rights. Upon Axon granting Agency a TASER 10 Axon Evidence subscription, Agency may access and use Axon Evidence for the storage and management of data from TASER 10 CEW devices during the TASER 10 Subscription Term. Agency may not exceed the number of end users the Quote specifies. 7. Agency Warranty. If Agency is located in the US, Agency warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Agency use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968. 8. Purchase Order. To comply with applicable laws and regulations, Agency must provide a purchase order to Axon prior to shipment of TASER 10. 9. Apollo Grant (US only). If Agency has received an Apollo Grant from Axon, Agency must pay all fees in the Quote prior to upgrading to any new TASER CEW offered by Axon. Page 303 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 16 of 21 Axon Auto-Tagging Appendix If Auto-Tagging is included on the Quote, this Appendix applies. 1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Agency’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows end users to auto- populate Axon video meta-data with a case ID, category, and location-based on data maintained in Agency’s CAD or RMS. 2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Agency maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Agency changes its CAD or RMS. 3. Changes. Axon is only responsible to perform the Services in this Appendix. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. 4. Agency Responsibilities. Axon’s performance of Auto-Tagging Services requires Agency to: 4.1. Make available relevant systems, including Agency’s current CAD or RMS, for assessment by Axon (including remote access if possible); 4.2. Make required modifications, upgrades or alterations to Agency’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services; 4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Agency safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services; 4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services; 4.5. Promptly install and implement any software updates provided by Axon; 4.6. Ensure that all appropriate data backups are performed; 4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services; 4.8. Provide Axon with remote access to Agency’s Axon Evidence account when required; 4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Agency; and 4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon. 5. Access to Systems. Agency authorizes Axon to access Agency’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services, provided, however, that Axon will comply with Agency security protocols for remote access. . Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Agency. Agency is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Agency. Page 304 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 17 of 21 Axon Fleet Appendix If Axon Fleet is included on the Quote, this Appendix applies. 20. Agency Responsibilities. 21. Agency must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet 2 or Axon Fleet 3 (collectively, "Axon Fleet") as established by Axon during the qualifier call and on-site assessment at Agency and in any technical qualifying questions. If Agency’s representations are inaccurate, the Quote is subject to change. 22. Agency is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Agency vehicles. Agency is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule. 23. Cradlepoint. If Agency purchases Cradlepoint Enterprise Cloud Manager, Agency will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Agency requires Cradlepoint support, Agency will contact Cradlepoint directly. 24. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon. 25. Wireless Offload Server. 25.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription. 25.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS. 25.3. Updates. If Agency purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Agency is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term. 25.4. WOS Support. Upon request by Axon, Agency will provide Axon with access to Agency’s store and forward servers solely for troubleshooting and maintenance. 26. Axon Vehicle Software. 26.1. License Grant. Axon grants Agency a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription. 26.2. Restrictions. Agency may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software. Page 305 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 18 of 21 27. Acceptance Checklist. If Axon provides services to Agency pursuant to any statement of work in connection with Axon Fleet, withinthirty (30) days of the date on which Agency retrieves Agency's vehicle(s) from the Axon installer , said vehicle having been installed and configured with tested and fully and properly operational in -car hardware and software identified above, Agency will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables. 28. Axon Fleet Upgrade. If Agency has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Agency with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote. 28.1. If Agency would like to change models for the Axon Fleet Upgrade, Agency must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Agency is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade. 28.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Agency must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Agency does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Agency. 29. Axon Fleet Termination. Axon may terminate Agency’s Fleet subscription for non-payment. Upon any termination: 29.1. Axon Fleet subscription coverage terminates, and no refunds will be given. 29.2. Axon will not and has no obligation to provide the Axon Fleet Upgrade. 29.3. Agency will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future Fleet TAP. Page 306 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 19 of 21 Axon Respond Appendix This Axon Respond Appendix applies to both Axon Respond and Axon Respond Plus, if either is included on the Quote. 1. Axon Respond Subscription Term. If Agency purchases Axon Respond as part of a bundled offering, the Axon Respond subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Respond to Agency. If Agency purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Agency, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond. 2. Scope of Axon Respond. The scope of Axon Respond is to assist Agency with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Agency uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Agency on upgrading Agency’s Axon Respond to better meet Agency’s needs. 3. Axon Body 3 LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera. Axon is not liable if Agency utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable. LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Agency’s consent. 4. Axon Fleet 3 LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Agency is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Agency’s LTE carrier. 5. Axon Respond Service Limitations. Agency acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service. 5.1. With regard to Axon Body 3, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Agency expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Agency is not a third-party beneficiary of any agreement between Axon and the underlying carrier. 6. Termination. Upon termination of this Agreement, or if Agency stops paying for Axon Respond or bundles that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service. Page 307 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 20 of 21 Axon Application Programming Interface Appendix This Appendix applies if Axon’s API Services are included on the Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency. 1.2. "API Interface" means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use. 1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or integrate Agency’s Axon Evidence account with other systems. 1.4. "Use" means any operation on Agency’s data enabled by the supported API functionality. 2. Purpose and License. 2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use. 2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in connection with Agency’s API Client. 2.3. Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information. 4. Agency Responsibilities. When using API Service, Agency and its end users may not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or net works providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9. make available to a third-party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes ; or 4.11. disclose Axon’s API manual unless required by law or Court order. 5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including: 5.1. the design, structure and naming of API Service fields in all responses and requests; Page 308 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 60297.00068\41841462.1 Master Services and Purchasing Agreement for Agency Title:Master Services and Purchasing Agreement between Axon and Agency Department:Legal Version: 19.0 Release Date:8/18/2023 Page 21 of 21 5.2. the resources available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Page 309 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Insurance Requirements for Suppliers Vendor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with products and materials supplied to the Entity. The cost of such insurance shall be borne by the Vendor. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) and include products coverage. Minimum Limits of Insurance Vendor shall maintain limits no less than $1,000,000 per occurrence for bodily injury and property damage, and an aggregate limit of $2,000,000. Excess / Umbrella coverage of $9Mil per Occurrence; $9Mil Aggregate If the Vendor maintains higher limits than the minimums shown above, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the Vendor shall obtain coverage to reduce or eliminate such deductibles or self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Vendor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Other Insurance Provisions 1.The policy or policies are to contain, or be endorsed to contain, the following provisions: The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds as respects products of the Vendor. The Liability Additional Insured endorsement must not exclude Products / Completed Operations. 2.The Vendor’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees or volunteers, shall be excess of the Vendor’s insurance and shall not contribute with it. 3.Each insurance policy required by this clause shall state that coverage shall not be canceled, except after thirty (30) days prior written notice has been provided to the Entity. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. EXHIBIT A Page 310 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Verification of Coverage Vendor shall furnish the Entity with original certificates and amendatory endorsements or copies of the applicable policy language providing the insurance coverage required above. All certificates and endorsements are to be received and approved by the Entity before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Vendor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Waiver of Subrogation Vendor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Vendor may acquire against the Entity by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer Special Risks or Circumstances Entity reserves the right to modify these requirements at any time, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 311 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Policy 448 Chula Vista Police Department Chula Vista PD Policy Manual Portable Audio/Video Recorders 448.1 PURPOSE AND SCOPE This policy provides guidelines for the use of portable audio/video recording devices by members of this department while in the performance of their duties. Portable audio/video recording devices include all recording systems whether body-worn, hand held or integrated into portable equipment. This policy does not apply to mobile audio/video recordings, interviews or interrogations conducted at any Chula Vista Police Department facility, authorized undercover operations, wiretaps or eavesdropping (concealed listening devices). 448.2 POLICY The Chula Vista Police Department may provide members with access to portable recorders, either audio or video or both, for use during the performance of their duties. The use of recorders is intended to enhance the mission of the Department by accurately capturing contacts between members of the Department and the public. 448.3 MEMBER PRIVACY EXPECTATION All recordings made by members on any department-issued device at any time, and any recording made while acting in an official capacity for this department , regardless of ownership of the device it was made on, shall remain the property of the Department . Members shall have no expectation of privacy or ownership interest in the content of these recordings. 448.4 MEMBER RESPONSIBILITIES Prior to going into service, each uniformed member will be responsible for making sure that he/ she is equipped with a portable recorder issued by the Department, and that the recorder is in good working order. If the recorder is not in working order or the member becomes aware of a malfunction at any time, the member shall promptly report the failure to his/her supervisor and obtain a functioning device as soon as reasonably practicable. Uniformed members should wear the recorder in a conspicuous manner or otherwise notify persons that they are being recorded, whenever reasonably practicable. Any member assigned to a non-uniformed position may carry an approved portable recorder at any time the member believes that such a device may be useful. Unless conducting a lawful recording in an authorized undercover capacity, non-uniformed members should wear the recorder in a conspicuous manner when in use or otherwise notify persons that they are being recorded, whenever reasonably practicable. When using a portable recorder, the assigned member shall record his/her name, CVPD identification number and the current date and time at the beginning and the end of the shift or other period of use, regardless of whether any activity was recorded. This procedure is not required when the recording device and related software captures the user’s unique identification and the date and time of each recording. Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 462Page 312 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders Members should document the existence of a recording in any report or other official record of the contact, including any instance where the recorder malfunctioned or the member deactivated the recording. Members should include the reason for deactivation. 448.4.1 SUPERVISOR RESPONSIBILITIES Supervisors should take custody of a portable audio/video recording device as soon as practicable when the device may have captured an incident involving the use of force, an officer-involved shooting or death or other serious incident, and ensure the data is downloaded (Penal Code § 832.18). 448.5 ACTIVATION OF THE PORTABLE RECORDER This policy is not intended to describe every possible situation in which the portable recorder should be used, although there are many situations where its use is appropriate. Members should activate the recorder any time the member believes it would be appropriate or valuable to record an incident. Generally, members shall advise members of the public when they are being recorded. It is suggested that members make the advisement in a language the recorded person(s) can understand, to the extent that members are able to communicate in this language. The portable recorder should be activated in any of the following situations: (a)All anticipated enforcement actions and investigative contacts including stops and field interviews (FI) situations. (b)Traffic stops including, but not limited to, traffic violations, stranded motorist assistance and all crime interdiction stops. (c)Self-initiated activity in which a member would normally notify the Communications Center. (d)Generally, members do not need to record routine report calls where there is no anticipated enforcement action. (e)When practical, all suspect, victim, and witness statements. (f)When transporting members of the opposite sex. (g)Any other contact that becomes adversarial after the initial contact in a situation that would not otherwise require recording or in the event the member believes the recording would protect the interests of the member or the Department. Members may encounter special circumstances which should not be recorded: (a)Members should not record other public safety personnel without their consent or notification. Members should notify other public safety personnel, such as firefighters, paramedics, or other law enforcement officers as soon as practical when they are being recorded during an incident. (b)Members are not required to record non-enforcement contacts, such as citizen flags for directions or non-enforcement related contacts with the public. (c)Victims of child abuse or molest generally should not be video recorded, however, audio recording of such victim's statements is encouraged. Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 463Page 313 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders (d)Victims of sexual assault generally should not be video recorded without consent; however, audio recording of such victims' statements is encouraged. (e)Victims who are partially unclothed or nude shall generally not be video recorded; however, audio recording is appropriate. (f)Suspects who are nude or partially unclothed shall be covered as soon as reasonably possible to protect their personal privacy and dignity. (g)Members should generally not record victims or suspects in hospital or emergency room settings. In the event a member elects to make a recording, whether audio or video under this section, the member shall take all reasonable steps in consideration of the HIPPA rights of patients and the privacy of hospital staff. Members may video or audio record a suspect if the suspect's conduct is violent or threatening to staff or to members. (h)Members should use care when recording pre-planned tactical operations such as search warrants to avoid unnecessary public disclosure of current law enforcement entry tactics. (i)Members shall remain sensitive to the dignity of all individuals being recorded and exercise sound discretion to respect privacy by discontinuing recording whenever it reasonably appears to the member that such privacy may outweigh any legitimate law enforcement interest in recording. This concern also applies when members enter a home in a non-warrant or non-exigent circumstance. (j)Requests by members of the public to stop recording shall be evaluated similarly, balancing the request for privacy with legitimate law enforcement interest in recording. Recording should resume when privacy is no longer at issue unless the circumstances no longer fit the criteria for recording. At no time is a member expected to jeopardize his/her safety in order to activate a portable recorder or change the recording media. However, the recorder shall be activated in situations described above as soon as practicable. 448.5.1 SURREPTITIOUS USE OF THE PORTABLE RECORDER Members of the Department may surreptitiously record any conversation during the course of a criminal investigation in which the member reasonably believes that such a recording will be lawful and beneficial to the investigation (Penal Code § 633). Members shall not surreptitiously record another department member without a court order unless lawfully authorized by the Chief of Police or the authorized designee. 448.5.2 CESSATION OF RECORDING Once activated, the portable recorder should remain on continuously until the member reasonably believes that his/her direct participation in the incident is complete or the situation no longer fits the criteria for activation. Recording may be stopped during significant periods of inactivity such as report writing or other breaks from direct participation in the incident. Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 464Page 314 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders Members shall cease audio recording whenever necessary to ensure conversations are not recorded between a person in custody and the person’s attorney, religious advisor or physician, unless there is explicit consent from all parties to the conversation (Penal Code § 636). 448.5.3 EXPLOSIVE DEVICE Many portable recorders, including body-worn cameras and audio/video transmitters, emit radio waves that could trigger an explosive device. Therefore, these devices should not be used where an explosive device may be present. 448.6 PROHIBITED USE OF PORTABLE RECORDERS Members are prohibited from using Department-issued portable recorders and recording media for personal use and are prohibited from making personal copies of recordings created while on duty or while acting in their official capacity. Members are also prohibited from retaining recordings of activities or information obtained while on-duty, whether the recording was created with Department-issued or personally owned recorders. Members shall not duplicate or distribute such recordings, except for authorized legitimate Department business purposes, such as training. All such recordings shall be retained at the Department. Members are prohibited from using personally owned recording devices while on-duty without the express consent of the Watch Commander. Any member who uses a personally owned recorder for department-related activities shall comply with the provisions of this policy, including retention and release requirements, and should notify the on-duty supervisor of such use as soon as reasonably practicable. Recordings shall not be used by any member for the purpose of embarrassment, intimidation or ridicule. As part of the investigative record, recordings shall not be shared with others without a legitimate professional interest in the case, and should be considered "need to know" content. Members without the "need to know" about the investigation shall be prohibited from viewing the video without the express permission of the division commander. 448.6.1 PROHIBITED USE OF BIOMETRIC SURVEILLANCE SYSTEM The installation, activation, or use of biometric surveillance systems, including facial recognition, in connection with portable recorders is prohibited (Penal Code § 832.19). 448.7 RETENTION OF RECORDINGS Any time a member records any portion of a contact that is required per the categorization schedule, the member shall categorize the video, record the related case number and transfer the file in accordance with current procedures for storing digital files. The member shall also document the existence of the recording in the related case report. Transfers shall occur at the end of the member's shift, or any time the storage capacity is nearing its limit or as otherwise directed by a supervisor. While using Body Worn Cameras in conjunction with Evidence.com, members shall use the categorization and notation functions of Evidence.com to make notes within the system on cases Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 465Page 315 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders where enforcement action was taken or for videos which should be retained. Notes such as case numbers, suspect names, and citation numbers will facilitate flagging videos for review, discovery and retention. Members need not make notes on every recording, only recordings which should be retained according to the categorization schedule. Members using Taser Axon in conjunction with Evidence.com shall designate retention of their videos in Evidence.com according to the nature of the incident (felony, misdemeanor, traffic stop, field interview, etc.) by using the categorization feature. Uncategorized videos will be deleted after 365 days so it is critical that videos are appropriately categorized. A member should transfer, tag or mark recording when the member reasonably believes: (a)The recording contains evidence relevant to potential criminal, civil or administrative matters. (b)A complainant, victim or witness has requested non-disclosure. (c)A complainant, victim or witness has not requested non-disclosure but the disclosure of the recording may endanger the person. (d)Disclosure may be an unreasonable violation of someone's privacy. (e)Medical or mental health information is contained. (f)Disclosure may compromise an undercover officer or confidential informant. Any time a member reasonably believes a recorded contact may be beneficial in a non-criminal matter (e.g., a hostile contact or citizen complaint); the member shall promptly notify a supervisor of the existence of the recording. Supervisors, managers or evidence administrators may re- categorize recordings as they deem necessary. The Department shall take all reasonable measures to ensure the security of stored recordings, whether audio or video, in an effort to prevent unauthorized access to said stored recordings. 448.7.1 RETENTION REQUIREMENTS It is the responsibility of the member making the recording to affirmatively categorize recordings in Evidence.com based upon the circumstances of the incident. All recordings shall be retained for a period consistent with the requirements of the organization's records retention schedule but in no event for a period less than 365 days. While it is critical to retain recordings of evidentiary value, it is almost as important that files of insignificant incidents are deleted in a timely fashion according to schedule. The following retention schedule should serve as a guide; however, the camera program supervisor or any other supervisor or manager may extend the retention schedule of a recording based upon the significance of a case: (a)Homicides -permanent retention in Evidence.com AND all videos shall be recorded to a backup media, such as DVDs and logged into evidence in the Crime Lab. (b)Cases involving potential civil liability to the City -Until manually deleted Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 466Page 316 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders (c)Felony (3 year retention) (d)All instances involving use of force, to include muscling techniques (3 year retention) (e)Misdemeanors including traffic related misdemeanors (2 year retention) (f)Citations (2 year retention) (g)Field Interviews (2 year retention) (h)Uncategorized (NO ACTION REQUIRED) - routine incident with no apparent investigative value -365 day retention Recordings of the following nature should be retained for a minimum of two years (Penal Code § 832.18): (a)Incident involving use of force by an officer (b)Officer-involved shootings (c)Incidents that lead to detention or arrest of an individual (d)Recordings relevant to a formal or informal complaint against an officer or the Chula Vista Police Department Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18). Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18). 448.8 REVIEW OF RECORDINGS Audio and video recordings are designated by the Department as investigative records and are not subject to routine release through requests via the California Public Records Requests Act (CPRA), the Freedom of Information Act (FOIA), or other non-court ordered requests for audio or video records. When preparing written reports, members should review their recordings as a resource and shall be granted access to review them upon request. However, members should not use the fact that a recording was made as a reason to write a less detailed report. With the exception of a timely public safety statement, members who are involved in a critical incident shall be allowed to review their own recording of the incident prior to giving a voluntary or compelled statement. Under no circumstances will such a delay be longer than 48 hours after the incident in the event of a compelled statement. In the event that the recording of a member involved in a critical incident is damaged, destroyed, of poor quality or in the event that other members’ recordings offer a better perspective of the critical incident than that of the subject member(s), members may be allowed to review the recordings of other members involved in said critical incident prior to giving a voluntary or compelled statement. In such rare instances, at the discretion of the Chief of police, members may be allowed to review Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 467Page 317 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders another member’s recording if the other member was in the immediate proximity of the subject member and their recording offered the same scene orientation and perspective of the incident Supervisors are authorized to review relevant recordings any time they are investigating alleged misconduct, reports of meritorious conduct or whenever such recordings would be beneficial in reviewing the member's performance. Recordings may also be randomly audited by the Professional Standards Unit or Body Worn Camera program supervisor for quality control purposes. Recorded files may also be reviewed: (a) Upon approval by a supervisor, by any member of the Department who is participating in an official investigation, such as a personnel complaint, administrative investigation or criminal investigation. (b) Pursuant to lawful process or by court personnel who are otherwise authorized to review evidence in a related case. (c) By media personnel with permission of the Chief of Police or an authorized designee or when the Chief determines such release is in the public's interest and the release will not compromise the integrity of the ongoing investigation. (d) In compliance with a public records request, if permitted, and in accordance with the Records Maintenance and Release Policy. (e) For purposes of training law enforcement personnel once the case has been adjudicated. Such training use shall not be disparaging or demeaning to members of the Department or the subjects of the recording. Examples of useful recordings may include contact and cover, pursuits, tactics or de-escalation techniques. The Chief of Police shall have final Departmental authority in determining the release of recordings where not otherwise required by court order, statutory authority or other lawful authority. All recordings should be reviewed by the Departmental Custodian of Records prior to public release (see PDM 810 -Records Release and Security). Recordings that unreasonably violate a person's privacy or sense of dignity should not be publicly released unless disclosure is required by law or order of the court. 448.9 EDITING, TAMPERING OR COPYING All audio and video recordings are part of the investigative record and shall be preserved in their original format without deletion, editing or tampering according to the retention schedule. Members may not delete, copy, photograph, video record, or otherwise tamper with Department recordings without the express permission of the primary Body Worn Camera system administrator. Unauthorized tampering, editing or deletion of a video may result in discipline, up to and including termination. Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 468Page 318 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista Police Department Chula Vista PD Policy Manual Chula Vista PD Policy Manual Portable Audio/Video Recorders Evidence.com has editing features which may be used to redact or obscure portions of recordings which may be sensitive. The editing features do not modify or alter the original recording; rather they create a second edited version for special circumstances. Only designated program personnel will have access to editing features. 448.10 COORDINATOR The Chief of Police or the authorized designee shall appoint a member of the Department to coordinate the use and maintenance of portable audio/video recording devices and the storage of recordings, including (Penal Code § 832.18): (a)Establishing a system for downloading, storing and security of recordings. (b)Designating persons responsible for downloading recorded data. (c)Establishing a maintenance system to ensure availability of operable portable audio/ video recording devices. (d)Establishing a system for tagging and categorizing data according to the type of incident captured. (e)Establishing a system to prevent tampering, deleting and copying recordings and ensure chain of custody integrity. (f)Working with counsel to ensure an appropriate retention schedule is being applied to recordings and associated documentation. (g)Maintaining logs of access and deletions of recordings. 448.11 RETENTION OF RECORDINGS Recordings of the following should be retained for a minimum of two years (Penal Code § 832.18): (a)Incident involving use of force by an officer (b)Officer-involved shootings (c)Incidents that lead to the detention or arrest of an individual (d)Recordings relevant to a formal or informal complaint against an officer or the Chula Vista Police Department Recordings containing evidence that may be relevant to a criminal prosecution should be retained for any additional period required by law for other evidence relevant to a criminal prosecution (Penal Code § 832.18). All other recordings should be retained for a period consistent with the requirements of the organization’s records retention schedule but in no event for a period less than 365 days. Records or logs of access and deletion of recordings should be retained permanently (Penal Code § 832.18). 448.11.1 RELEASE OF AUDIO/VIDEO RECORDINGS Requests for the release of audio/video recordings shall be processed in accordance with the Records Maintenance and Release Policy. Copyright Lexipol, LLC 2023/11/29, All Rights Reserved. Published with permission by Chula Vista Police Department Portable Audio/Video Recorders - 469Page 319 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 320 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 321 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 322 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 323 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 324 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 325 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 326 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 327 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 328 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 329 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 330 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 331 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 332 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 333 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 334 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 335 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 336 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 337 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 338 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 339 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 340 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda From: alan mil Sent: Friday, December 1, 2023 8:03 AM Subject: CITY MEETING STOP WATER RATE INCREASE / UNSHELTERED WORKSHOP WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov @CITY CLERK - Please enter entire email (except email addresses) into public record under AGENDA 6. Please verify both PowerPoint attachments received for display during my public speaking in both Agenda 6 and Agenda 8.3 Please enter into public record in Agenda 8.3 PowerPoint "Alan C Agenda 6 Public Comment Dec 5 2023" attachment. COPY TO NEWS MAYORS SANDAG CA STATE REPS NATIONAL CITY COUNCIL CHULA VISTA CITY COUNCIL SD COUNTY SUPERVISORS BCC TO VOTERS PAYING TOO MUCH 5PM TUESDAY DECEMBER 5 CHULA VISTA CITY COUNCIL MEETING Council Chambers - 276 Fourth Avenue PLEASE ATTEND AND SPEAK https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English -------------------------------------- AGENDA 6 PUBLIC COMMENT - STOP WATER RATE INCREASE To Mayor and entire city council, please attend the Water Authority hearing scheduled the day after city hall meeting. TO COUNCIL JOSE PRECIADO: As former water board you have knowledge and influence to protect rate payers; INFLATION HAS BEEN DIFFICULT WILL ALL OUR REPRESENTATIVES EVERY CITY STOP RATE INCREASE? WATER RATE INCREASE HEARING ATTEND IN PERSON OR ZOOM DEC 6 5PM Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 341 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 505 GARRETT AVE CHULA VISTA CA 91910 Proposed rate adjustments: The Governing Water Authority Board is scheduled to vote on proposed rate adjustments at a public hearing on Wednesday, December 6, at 5:00 p.m. https://www.sweetwater.org/455/Agendas-Minutes YOUR CITY NEXT IF YOU DO NOT SPEAK San Diego raised their water rates last month Chula Vista National City bill notice sent out months ago Some will claim that this due to Fallbrook and Rainbow districts voting to leave San Diego Water Authority. This is NOT TRUE, the vote occurred on Nov 7th and has not yet taken affect; San Diego and Chula Vista already planned to raise water rates before the Nov 7 election!. AS IN ANY UTILITY SUCH AS SDGE PROPOSAL RATE INCREASE BASED ON INCOME; THE WATER RATE INCREASE AFFECTS EVERYONE. BUSINESSES HIT WITH UTILITY RATE INCREASE WILL BE FORCED TO INCREASE PRICES ALL PRODUCT. HIGHER PRICES RESULT MORE SALES TAX, EVEN MORE COST TO CONSUMER. EVERY CITY UTILITY WHO NEXT INCREASED RATES? SWEETWATER AUTHORITY WATER RATE HEARING DEC 6 2023 AFFECTING NATIONAL CITY AND CHULA VISTA PRESS RELEASE https://www.waternewsnetwork.com/wp-content/uploads/2023/10/Sweetwater-Authority- Governing-Board-approved-the-2023-Cost-of-Service-Study-rate-adjustments-proposed-to- maintain-water-service-operations.pdf NOV 7 2023 ELECTION RESULT SHOWING FALLBROOK RAINBOW VOTE: https://www.livevoterturnout.com/ENR/sandiegocaenr/16/en/Index_16.html Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 342 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda -------------------------------- AGENDA 8.3 UNSHELTERED WORKSHOP The city keeps building Government Housing that people living in tents with drug abuse can never afford to move in. INSTEAD TAX WASTE "AFFORDABLE HOUSING" THAT NEGLECTS PEOPLE LIVING IN TENTS CANNOT AFFORD, MAXIMIZE HELPING MORE PEOPLE BY PROVIDING SHELTER BEDS, TREATMENT AND A JOB TO STOP HOMELESS CYCLE. https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=60&Tab=attachments Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 343 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ------------------------------------------ BROWN ACT INFRINGEMENT UNREASONABLE TIME Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 344 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda SD COUNTY SUPERVISOR - SANDAG - CHULA VISTA AGENDA 8.2 LIMIT PUBLIC SPEAKER TIME PROPOSAL THREE MINUTES 12 CONSENT ITEMS = 15 SECONDS PER ITEM! https://oag.ca.gov/system/files/media/the-brown-act.pdf The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. Th e body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) 1. CONSENT CALENDAR WAS 5 MINUTES PER ITEM REDUCE TO THREE MINUTES FOR ALL CONSENT ITEMS 2. AGENDA ITEMS WAS FIVE MINUTE REDUCE TO ONLY TWO MINUTES 3. NON AGENDA WAS THREE MINUTE REDUCE TO TWO MINUTES Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 345 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Speaker Time Limits Applicable law, including the Ralph M. Brown Act, allows public entities to place reasonable time, place, and manner restrictions on public comment at their meetings. The proposed changes to speaker time limits aim to strike a balance between the public’s right and need to address their elected officials, while also allowing the City to manage public meetings, complete them reasonably efficiently, and promote an environment that allows all members of the public to engage and be able to offer comments. Proposed changes to speaker time limits include: https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=64&Tab=attachments Consent Calendar. Each speaker will be allowed up to three minutes to speak to any or ALL ITEMS ON THE CONSENT CALENDAR. Discussion of an item, information from staff, or a separate vote on any item by the City Council on the consent calendar do not remove an item from the consent calendar. Agenda Items (Not on the Consent Calendar). Each speaker will be allowed up to two minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. Non-Agenda Items/General Public Comments. Twenty minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council. Each speaker will be allowed up to two minutes. If there are more than 10 speakers, the first 10 will be heard near the beginning of the meeting and the remaining speakers will be heard n ear the conclusion of the meeting. Time Limits for Speakers Who Utilize an Interpreter. To comply with State law and City practice, staff recommends the rules be updated to specify that a member who utilizes an interpreter to provide non-simultaneous English language translation shall receive twice the time otherwise allotted to speak. ------------------------- THE SILENT NEVER GET HEARD Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 346 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ---------- Forwarded message --------- From: City Clerk, City of Chula Vista <cityclerk@chulavistaca.gov> Date: Thu, Nov 30, 2023 at 7:26 PM Subject: City of Chula Vista: Notice of Agenda City Council Meeting Agenda -- December 5, 2023 Dear Subscriber, Meeting Agenda: A City Council agenda has been posted to: www.chulavistaca.gov/councilmeetings HOW TO WATCH: You are invited to participate in this meeting in person, in Council Chambers. In addition, live streaming video is available at www.chulavistaca.gov/councilmeetings. To watch the meeting remotely via live stream, please click the “View Live Stream” link at www.chulavistaca.gov/councilmeetings under Upcoming Meetings. Meetings are also aired on Cox Cable channel 24 (only in Chula Vista). Meetings are available live in English and Spanish. Please watch the video at www.chulavistaca.gov/councilmeetings to learn how to switch languages. Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 347 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda HOW TO SUBMIT ELECTRONIC COMMENTS: Visit ,www.chulavistaca.gov/councilmeetings locate this meeting and click on the comment bubble icon. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sincerely, Office of the City Clerk 276 Fourth Avenue, Chula Vista CityClerk@chulavistaca.gov | (619) 691-5041 www.chulavistaca.gov/cityclerk Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 348 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda From: Russ Hall < Sent: Monday, December 4, 2023 10:56 AM To: CityClerk <CityClerk@chulavistaca.gov>; Kerry Bigelow <KBigelow@chulavistaca.gov> Subject: OPEN AND LETTER AND PRESS RELEASE TO CITY COUNCIL FOR 12.5 MEETING WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov FOR IMMEDIATE RELEASE MEDIA CONTACT: RUSS HALL ( Letter being sent to all media and Chula Vista city officials AN OPEN LETTER TO THE MAYOR AND CITY COUNCIL OF CHULA VISTA Chula Vista - On November 7, 2023 a press conference was held on the steps of City Hall in order to address the crisis of confidence created by the recent criminal indictments of Councilmember Andrea Cardenas and the potential legal jeopardy the City may face if Member Cardendas continues to hold her District Four council seat. The press conference was lead by longtime Chula Vista community and civic affairs community activist members Russ Hall, Jesse Navarro and John Acosta. The following points are a review of the main points of the discussion with local San Diego media members and the public in general that attended: Written Communications - Hall Item 6 (Public Comments) - Received 12/4/23 Page 349 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1. The voters and taxpayers of Chula Vista demand the immediate resignation of Member Cardenas. The charges coming from the District Attorney are serious felonies that not only cause unnecessary and unwanted distraction from doing the business of the people of Chula Vista, most importantly the TRUST that our leaders must maintain at all times has now been broken. This current crisis has a negative effect on the entire City Council. As long as Member Cardenas remains on the Council, clouds of doubt will follow every Council action from this point forward. The opportunity to serve one’s community is a privilege not a right. Member Cardenas can not effectively serve District Four and the City until the clouds of doubt and wrong doing are adjudicated. By stepping aside Member Cardenas will provide great relief to this City. If Member Cardenas is cleared of the alleged crimes she can always run again for office. 2. The City Attorney must be directed to conduct a thorough investigation and review of all votes and actions that Member Cardenas has taken to determine if there are any other legal jeopardies that the City may face due to any and all conflicts of interest or any other legal issues associated with the criminal allegations surrounding this crisis. The City Attorney shall conduct this investigation with complete public transparency to the greatest extent possible in a report back to the Council within the next 30 days. The potential for other legal jeopardy and exposure to the City because of this crisis can not be understated and needs to be thoroughly examined and investgigated. 3. We call on the Mayor, City Council and City Attorney candidates Meisfeld and Verdugo to adopt and support the creation of a PUBLIC INTEGRITY UNIT to be established in the office of the City Attorney no later than December 31,2024. There have been far too many violations of public trust by individuals in City office and running for office ranging from overt Brown Act violations, campaign finance issues, residency issues just to name a few. The PIU will have complete investigative authority and all necessary legal tools of investigation and enforcement. 4. The Mayor and City Council must make as a top issue the priority to form a seven member citizen committee tasked with the complete overhaul of all city codes and ordinances related to city campaigns and candidates. The entire system of law and regulation is outdated, ambiguous, and lacks any viable means of enforcement. In essence, Written Communications - Hall Item 6 (Public Comments) - Received 12/4/23 Page 350 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda the codes and ordinances are based on an honor system that no longer is followed by the current generation of those seeking public office. This citizens committee should not be back loaded with those who have political ties to the Council. 5. We call on current City Attorney staff and City staff in general that may know of other details of wrong doing or intentional lack of enforcement concerning Member Cardenas or any other Council member by the previous City Attorney, Glen Googins, to come forward. We call on the District Attorney to privately meet with all City Attorney staff to allow them the opportunity to reveal what they may know as wrong doing with the appropriate whistleblower protections. 6. If Member Cardenas refuses to resign we ask in the strongest terms possible that the Mayor and Council immediately move to censure Cardenas and remove her from all committees and assignments that represent the people and Council of Chula Vista. This city can ill afford to have a compromised representative. The ramifications and effects by the continuation of Member Cardenas sends a very negative signal to the region and any prospective business attraction efforts that are crucial for future economic viability of Chula Vista. RUSS HALL ( Written Communications - Hall Item 6 (Public Comments) - Received 12/4/23 Page 351 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 352 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Dear Ms. Clerk: The public comments seems to not be working. It has become a forum for people to read from their phones conspiracy theory web sites, anti-vax misinformation, etc. The students earlier in the year who advocated for banning single-use plastics, bolstered by evidence. They had the right idea. Would it be possible to modify the rules for public comment? I don't think its fair to citizens, city staff, and elected officials to be exposed to lies and misinformation repeated over and over again, not to mention personal attacks and loss of time and effective council meetings. ann viera Public Comments - Viera Received 12/5/23 Page 353 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Sewer Service: Assess Delinquent Sewer Service Charges as Recorded Liens Upon the Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Report Number: 23-0318 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Conduct the public hearing and adopt a resolution assessing ce rtain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. SUMMARY To enhance collection efforts and safeguard the City’s interest in sewer service charges and related delinquent fees and ensure that collection efforts are directed toward the responsible property owner, the Finance Department is recommending the approval of placing property tax rolls if they remain unpaid. Adopting this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis and ensure responsible parties meet their sewer service payment obligations. 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 354 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION City residents and places of business benefit from the use of the City’s wastewater system. Through Title 13 of the Chula Vista Municipal Code (“CVMC”), the City regulates sewer construction, sewer use and industrial wastewater discharge; to provide for equitable distribution of the City’s costs and to provide procedures for complying with wastewater discharge requirements placed upon the City through interagency agreement and by state and federal regulatory bodies. CVMC Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed upon the county property tax bills on that parcel for collection by the County Treasurer-Tax Collector. The Municipal Code states that upon notification of the property owners, a public hearing is set for sewer service accounts which are over 60 days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as recorded liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. The last time a property lien resolution for delinquent sewer service charges was submitted to and approved by the City Council was in August of this year. At that time, 195 sewer accounts valued at $333,000 were approved. In accordance with the execution of the collection process described below, City staff is recommending the assessment of recorded liens upon the affected properties as allowed by the Municipal Code. Collection Process In the months leading up to this public hearing, Finance Department staff have worked closely with our water authority partners, third party consultants, and cross-departmental staff to put together an effective and informative approach, which is in-line with the Municipal Code and collections best practices to impose the recording of property liens upon affected parcels. Staff has identified and submitted 214 delinquent accounts valued at $67,323 to the City for collection through the lien process. The account status and property ownership on these accounts have been verified by City staff through a third-party consultant, Spicer Consulting Services. These property owners have been notified of their delinquencies through a series of past-due notices sent by the Finance Department. Additionally, the City notified property owners of the public hearing via public hearing notice letters, where they were asked to pay their delinquent sewer service charges prior to transmittal of their delinquent account to the County to avoid a lien being placed on their property. City staff also published a public hearing notice to a locally circulated newspaper. City staff will create payment arrangements as needed and staff will continue to update the delinquent list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the Page 355 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 public hearing to reflect the most current payment postings as well as leading up to the lien recording submission date, to avoid submitting accounts resolved following the public hearing. Staff is recommending that the City Council approve the final list of delinquent sewer service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Poli tical Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution supports collection of delinquent sewer charges totaling $67,323. All expenses associated with this action are funded by the City’s sewer funds and all sewer service charges collected as a result of this action will be deposited into the City’s sewer funds. ONGOING FISCAL IMPACT There is no ongoing fiscal impact resulting from this action. Sewer service charges and related delinquent fees referred with this resolution will ultimately be recovered via county property tax bills or property tax bills or property lien release payments within this fiscal year. ATTACHMENTS None. Staff Contact: Jimmy Vasquez, Revenue Manager Sarah Schoen, Director of Finance/ Treasurer Page 356 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SEWER SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR WHEREAS, Chula Vista Municipal Code Section 13.14.150 allows delinquent sewer service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the property tax bill for collection; and WHEREAS, Section 13.14.150 requires the City to hold a public hearing, no sooner than seven days after the sixty-day delinquency period has passed, with advance notice to be mailed to the affected property owners, notifying them that failure to pay the delinquent account will result in a lien upon the affected parcel and the amount owed will be charged to the property owner on the next regular property tax bill; and WHEREAS, City staff has identified certain properties for which the sewer service charges are over sixty days delinquent; and WHEREAS, property owners have been notified of their delinquencies within the last sixty days, were notified of the time and place of the public hearing within the last ten days, and were again asked to pay the delinquent sewer service charges to avoid a lien being placed on their property; and WHEREAS, City staff is recommending that the City Council approve the final list of delinquent sewer service accounts as submitted and that these charges be submitted to the County for assessment as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection; and WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent sewer service charges, as detailed in the final list of delinquent sewer service accounts presented to the City Council for this matter, as recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent Page 357 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 account list submitted to the City Council and on file in the City Finance Department, assessing delinquent sewer service charges as recorded liens upon the respective parcels of land and the placement of such delinquent sewer service charges as special assessments on the next corresponding regular property tax bills, unless cleared prior to transmittal of the delinquent account list to the County Treasurer-Tax Collector. Presented by Approved as to form By: Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 358 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Item 7.1: Assessment of Delinquent Sewer Service Charges as Liens on Parcels and Placement on Property Tax Bills CITY COUNCIL PUBLIC HEARING DECEMBER 5, 2023 JIMMY VASQUEZ, REVENUE MANAGER, FINANCE DEPARTMENT SARAH SCHOEN, FINANCE DIRECTOR Page 359 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Sewer Service Background Per CVMC Section 13.14.110, the owner or occupant of any parcel which is connected to the City’s sewer system shall pay the required fees for sewer services. CVMC Section 13.14.150 outlines payment obligations, billing cycles, proper noticing, penalties for delinquency and the lien process. Page 360 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Lien Process Regular bills, late notices, penalty assessments and public hearing publication have been carried out per CVMC Section 13.14.150. Staff is submitting to City Council, a lien list containing 189 sewer accounts valued at $62,840. Our comprehensive approach is highlighted by the following: ◦Several touchpoints and thorough noticing to customers ◦Dedicated customer support and payment support ◦Third-party parcel and account validation ◦Legal review of noticing and communication ◦Translated notices ◦Payment plan options Page 361 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Lien Process Timeline Page 362 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Customer Service Impact Many accounts have been resolved or granted payment plans since initial late notices were sent and staff will continue to assist and remove accounts from the lien list through 12/5/23. Successful resolution of lien-eligible accounts included in this cycle: o 58 lien-eligible accounts valued at $93K were placed on payment plans o $544K in AR has been paid since initial Past Due Notice was sent on 8/23/23 o $374K in previously applied grant money for lien-eligible accounts o $270K in previously written-off receivables for lien-eligible accounts Of the City’s 15,000 directly-billed sewer accounts; 2,118 accounts (14.12%) were sent an initial Past Due Notice on 8/23/23. 189 accounts (1.26%) remain on the lien list today. Page 363 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Recommended Action Staff recommends City Council conduct the public hearing and adopt a resolution assessing certain delinquent sewer service charges as recorded liens upon the respective parcels of land and placement of those charges on the next regular property tax bill for collection by the County Treasurer-Tax Collector. Page 364 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 365 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 366 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 367 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 368 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 369 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 370 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 371 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 372 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 373 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 374 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 375 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 376 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 377 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Solid Waste Service: Assess Delinquent Solid Waste Service Charges as Recorded Liens Upon Respective Parcels of Land and Place Delinquent Charges on the Next Regular Property Tax Bill for Collection by the County Treasurer-Tax Collector Report Number: 23-0319 Location: No specific geographic location Department: Finance G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of delinquent charges on the next regular tax bill for collection by the County Treasurer-Tax Collector. SUMMARY To enhance collection efforts and safeguard the City’s interest in solid waste service charges and related delinquent fees and ensure that collection efforts are directed toward the responsible property owner, the Finance Department is recommending the approval of placing property liens against affected parcels as a preliminary action to placing the delinquencies on county property tax rolls if they remain unpaid. Adopting this resolution will reduce uncollectible losses, ensure payments are received on a timelier basis, and ensure responsible parties meet their solid waste service payment obligations. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determine that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental Page 378 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION City residences and places of business benefit from the weekly collection of solid waste. Accordingly, per Chula Vista Municipal Code (“CVMC”) Chapter 8.24, the collection of solid waste is a mandatory service and shall not be discontinued or suspended. The City implements an Integrated Solid Waste Management Plan, through its authorized collector, Republic Services, and an associated franchise agreement. The City’s management plan effectively controls the storage, collection, transport, processing and reuse, disposal or conversion of solid waste, recyclables, and organic waste in a safe, sanitary, and aesthetically acceptable and economical manner. This plan includes all administrative, financial, legal, and operational aspects of solid waste handling. To assist in collection efforts and ensure all residents and business owners meet their obligations, CVMC Section 8.24.180 allows delinquent solid waste service charges and associated fees to be assessed as recorded liens upon the affected properties and ultimately placed on the county property tax bills on that parcel for collection by the County Treasurer-Tax Collector. The municipal code also states that upon notification of the property owners, a public hearing be set for solid waste service accounts that are over 90 days delinquent. At the hearing, the City Council considers the delinquent accounts together with any objections or protests by interested parties. At the conclusion of the hearing, the City Council may either approve the delinquency and amount owed on the accounts submitted or as modified or corrected by the City Council. Lastly, the City Council adopts a resolution assessing such amounts as reordered liens upon the respective parcels of land, and the amounts are charged to the property owners on the next regular property tax bill. As these amounts are collected, the monies are remitted to Republic Services, less the City’s Franchise Fees, AB939 Compliance Permit Fee/Household Hazardous Waste and associated delinquent fee charges. The last time a property lien resolution for delinquent solid waste service charges was approved by the City Council was in August 2023. At that time, 599 accounts valued at $445,000 were approved. Due to the initiation of the collection process described below, City staff is recommending the assessment of recorded liens upon the affected properties as allowed by the Municipal Code. Collection Process In the months leading up to this public hearing, Finance Department staff have worked closely with Republic Services, third party vendors, and cross-departmental staff to put together an effective and informative approach, which is in-line with the Municipal Code and, best practices, to re-establish the annual recording of property liens upon affected parcels. Republic Services and the City have identified and submitted 322 delinquent accounts valued at $94,924 to the City for collection through the lien process. The account status Page 379 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 and property ownership on these accounts have been verified by Republic Services and City staff, through a third-party consultant, Spicer Consulting Services. These property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services and reviewed and approved by City staff, until they were ultimately submitted to the City for collection through the lien process. Additionally, the City notified property owners of the public hearing via public hearing notice letters sent by certified mail, where they were asked to pay their delinquent solid waste service charges prior to transmittal of their delinquent account to the County to avoid a lien being placed on their property. City staff also published a public hearing notice to a locally circulated newspaper. City staff has been working with Republic Services to resolve any customer disputes as they arise, and payment arrangements have been set up as needed. Staff will continue to update the delinquent list as payments are received and accounts are cleared. A final list will be submitted to the City Council for consideration on the day of the public hearing to reflect the most current payment postings as well as leading up to the lien recording submission date, to avoid submitting accounts resolved following the public hearing. Staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be forwarded to the County and assessed as recorded liens on the respective parcels of land and ultimately placed on the next regular tax bill for collection. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of the resolution supports collection of delinquent solid waste charges totaling $94,924. A portion of this amount will be realized by the City as Franchise Fees, AB939 fees and related delinquent fee revenues. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Solid waste service charges and related delinquent fees referred with this resolution will ultimately be recovered via county property tax bills or property lien release payments within this fiscal year. ATTACHMENT None. Staff Contact: Jimmy Vasquez, Revenue Manager Sarah Schoen, Director of Finance/Treasurer Page 380 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 Page 381 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ASSESSING CERTAIN DELINQUENT SOLID WASTE SERVICE CHARGES AS RECORDED LIENS UPON THE RESPECTIVE PARCELS OF LAND AND PLACEMENT OF DELINQUENT CHARGES ON THE NEXT REGULAR PROPERTY TAX BILL FOR COLLECTION BY THE COUNTY TREASURER-TAX COLLECTOR WHEREAS, Chula Vista Municipal Code Section 8.24.010 states that the collection of solid waste is a mandatory service and shall not be discontinued or suspended; and WHEREAS, to ensure that all residents pay their fair share of costs associated with this program, Chula Vista Municipal Code Section 8.24.180 allows delinquent solid waste service charges to be assessed as recorded liens upon the affected properties and ultimately placed on the next regular property tax bill for collection by the County Treasurer-Tax Collector; and WHEREAS, Section 8.24.180 requires that, once solid waste fees become more that 10 days delinquent, the City’s contract or franchise agent shall issue late notices to the responsible owners and occupants; and WHEREAS, the Municipal Code further requires that, if an owner or occupant is delinquent on payment of a solid waste service bill for more than 90 days, the account shall be assigned to the City for collection, which must send a final notice of delinquency, including the amount owed, penalty schedule, lien procedure and associated costs and administration fees, prior to setting the matter for hearing to consider a lien; and WHEREAS, the Municipal Code provides that, if a solid waste service bill is not paid within 15 days after the final notice of delinquency, the matter may b e set for a public hearing, at least 7 days after the 15-day period, following notification to the property owner; and WHEREAS, City staff has identified certain properties for which solid waste service bills meet the criteria for delinquency and submission for placement of property liens; and WHEREAS, the account status and property ownership of these accounts have been verified by both Republic Services and City staff; and WHEREAS, property owners have been notified of their delinquencies through a series of past due notices sent by Republic Services, until they were ultimately submitted to the City for collection; and WHEREAS, City staff has notified the property owners of the public hearing and these owners were asked to pay their delinquent solid waste service charges prior to transmittal of the delinquent account to the County to avoid a lien being placed their property; and Page 382 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 WHEREAS, City staff is recommending that the City Council approve the final list of delinquent solid waste service accounts as submitted, and that these charges be submitted to the County for assessment as recorded liens on the respective parcels of land and ultimately placed on the next regular property tax bill for collection; and WHEREAS, the City Council has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties; and WHEREAS, at the conclusion of the hearing, the City Council approved the delinquency and amount owed on the accounts as submitted. has held the requisite public hearing and considered the delinquent accounts together with any objections or protests by interested parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) has considered assessing certain delinquent solid waste service charges, as detailed in the final list of delinquent solid waste service accounts presented to the City Council for its consideration of this matter, as recorded liens on the affected parcels; (2) has heard and overruled any and all protests or objections presented at the public hearing on this matter; and (3) approves, with respect to the delinquent account list submitted to the City Council and on file in the City Finance Department, assessing delinquent solid waste service charges as recorded liens upon the respective parcels of land and the placement of such delinquent solid waste service charges as special assessments on the next corresponding regular property tax bills, u nless cleared prior to transmittal of the delinquent account list to the County Treasurer-Tax Collector. Presented by Approved as to form By: Sarah Schoen Jill D.S. Maland Director of Finance/Treasurer Lounsbery Ferguson Altona & Peak Acting City Attorney Page 383 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Item 7.2: Assessment of Delinquent Solid Waste Service Charges as Liens on Parcels and Placement on Property Tax Bills CITY COUNCIL PUBLIC HEARING DECEMBER 5, 2023 JIMMY VASQUEZ, REVENUE MANAGER, FINANCE DEPARTMENT SARAH SCHOEN , FINANCE DIRECTOR Page 384 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Solid Waste Service Background oPer CVMC Section 8.24.010, the collection of solid waste is a mandatory service which shall not be discontinued or suspended. oCVMC Section 8.24.180 outlines payment obligations, billing cycles, service rates, penalties for delinquency and the lien process. oAdditional information on Sustainability/ Trash & Recycling: o www.chulavistaca.gov/departments/clean Page 385 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Lien Process Overview City staff worked closely with Republic Services staff for several months leading up to the Public Hearing and have carried out the lien process per CVMC 13.14.180. Staff is submitting a lien list containing 291 accounts valued at $89,731 26 lien-eligible accounts valued at $22K were place on the payment plans $606 in AR has been paid since initial Past Due Notice was sent on 7/10/23 Our comprehensive approach is highlighted by the following: ◦Several touchpoints and informative noticing to customers ◦Dedicated customer support phone line and payment support ◦Third-party parcel and account validation ◦Legal review of noticing and communication ◦Translated notices ◦Offering payment plans Page 386 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Lien Process Timeline Page 387 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Recommended Action Staff recommends City Council conduct the public hearing and adopt a resolution assessing certain delinquent solid waste service charges as recorded liens upon the respective parcels of land and placement of those charges on the next regular property tax bill for collection by the County Treasurer-Tax Collector. Page 388 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 389 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 390 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 391 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 392 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 393 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 394 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 395 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 396 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 397 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 398 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 399 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 400 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 401 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Privacy Protection and Technology Advisory Commission: Nominate and Appoint the District 4 -Nominated Seat or Establish Implementation Procedures for the Initial Appointments, and Nominate and Appoint the Three General Appointment-Based Seats Report Number: 23-0328 Location: No specific location Department: City Clerk G.C. § 84308: No 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) Nominate and appoint the District 4-nominated seat. OR B) Adopt a resolution establishing additional implementation procedures for appointing the initial Privacy Protection and Technology Advisory Commission members. FOLLOWING ACTION (A) OR (B): C) Nominate and appoint the remaining three voting members to the Commission using the general appointment process (Mayoral nomination). The remaining qualified applicants are: Marlano Batson, Jared Blackwell, Guy Chambers, Veronica Ferguson, Daniel Garate, Adolfo Gonzales, Susan Lake, Lucia Napolez, Thomas Pineda, Richard Pulido, Merzon Jeff Quiazon, Joaquin Quintero, and Devon Williams. SUMMARY Page 402 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 The Privacy Protection and Technology Advisory Commission became effective in August 2023. Seventeen qualified applications were received during the application period. At the November 28, 2023 meeting, three of the district-based seats were filled. The City Council may nominate and appoint the remaining voting members to the Privacy Protection and Technology Advisory Commission. The vacant seats are one district based seat to be nominated by the District 4 City Councilmember, three general based seats to be nominated by the Mayor, and one ex-oficio seat to be nominated by the City Manager. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION 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. The applications were provided to the City Council and made available to the public online at www.chulavistaca.gov/ptac on October 25, 2023. The application packet included 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). At the November 28, 2023 City Council meeting, the City Council nominated and appointed the initial three district-based seats using a seniority-order nomination process. The following appointments were made: Nominating Authority Nominee Name Expertise/Background District 1 Eric Wood Self-Reported Expertise and City Manager Input: - Information Technology & Data Security - Privacy Protection - Public Safety District 2 Pati Ruiz Self-Reported Expertise and City Manager Input: - Information Technology & Data Security - Privacy Protection - Equity & Civil Rights Page 403 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 District 3 Robert Godinez Self-Reported Expertise: - Information Technology & Data Security - Privacy Protection Self-Reported Expertise and City Manager Input - Equity & Civil Rights The remaining seats to be filled are the District 4-nominated seat, the three general appointment process (Mayoral nomination) seats, and the ex officio seat. The remaining applications are included in Attachment 2. The City Manager’s input is included as part of the packet. The City Clerk has also prepared a summary of the applicants and their expertise/background. This information can be found in Attachment 3. 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. 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. Page 404 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 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). Action A: Appoint the District 4 Nominee District 4 Councilmember Andrea Cardenas has nominated Susan Lake by way of a memorandum (Attachment 4). The City Council may consider ratifying the nomination. Councilmember Cardenas may nominate an alternative applicant if the nomination is not ratified. Action B: Nominate and Appoint the Three General Appointment Nominees Once the District 4-nominated member has been appointed, the Mayor may make the nominations for the three general appointment seats. A majority vote of the City Council is required for appointment. Additional Information Should the Mayor or District 4 City Councilmember 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. Following the appointment of the remaining 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. Remaining Initial Qualified Applications 3. Composition of applicants and appointed members Page 405 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 5 4. Memorandum of Nomination of Susan Lake from Councilmember Cardenas, District 4 Staff Contact: Cristina Hernandez, CMC, Deputy Director of City Clerk Services Kerry K. Bigelow, MMC, City Clerk Page 406 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING IMPLEMENTATION PROCEDURES FOR THE SELECTION OF THE INITIAL PRIVACY PROTECTION AND TECHNOLOGY ADVISORY COMMISSION WHEREAS, in July 2023, the City Council established the Privacy Protection and Technology Advisory Commission (“Commission”) to advance the City Council priorities of improving sensitive personal information management, security, and privacy; and WHEREAS, Chula Vista Municipal Code (“CVMC”) Chapter 2.65 sets forth the procedures for establishing the Commission; and WHEREAS, CVMC section 2.65.050 provides that the Commission will consist of seven voting members, with four to be district-based nominations, and three to be general appointments; and WHEREAS, Section 2.65.050.A.2. provides that the general appointments shall be made following the district-based appointments, with a stated goal of addressing all areas of expertise identified in subsection (C) of this section; and WHEREAS, Section 2.65.050.C. sets forth the five areas of expertise to be represented on the Commission and provides that the absence of candidates with expertise in one of the areas shall not preclude the appointment of the full Commission; and WHEREAS, Chapter 2.65 does not address the procedure to be followed if one of the district-based appointments cannot be timely-made; and WHEREAS, the stated goal for having the general appointments made following the district-based appointments can reasonably be met if the general appointments are made following the appointment of at least three district-based appointments; and WHEREAS, allowing the Commission to be seated and begin its work is a priority to the City; and WHEREAS, the Commission can effectively begin its work with six of the seven voting Commissioners seated. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, finds that: 1. seating the Privacy Protection and Technology Advisory Commission (“Commission”) is a City priority; and 2. the goals of CVMC section 2.65.050.A.2. can be reasonably met if at least three of the district-based appointments are made prior to the general appointments; and Page 407 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Resolution No. Page 2 3. the Commission can begin its work if at least six of the seven voting Commissioners seated. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it adopts the following additional implementation procedures to be used in establishing the initial Commission: 1. in the event in the event one of the four district-based appointments cannot be timely- made, the appointments for the other three district-based seats shall be made prior to the general appointments; 2. once at least three of the district-based appointments are made, the general appointments shall be made; 3. the general appointments shall be made with a goal of ensuring that, to the extent practicable, all areas of expertise identified in subsection CVMC Section 2.65.050.C. are represented on the Commission, independent of the fourth district-based appointment; and 4. once at least six of the seven voting Commissioners have been appointed and sworn- in, the Commission may commence its work in accordance with CVMC Chapter 2.65. Presented by Approved as to form by Kerry K. Bigelow, MMC Jill D.S. Maland City Clerk Lounsbery Ferguson Altona & Peak Acting City Attorney Page 408 of 637 City of Chula Vista - City Council December 5, 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 409 of 637 City of Chula Vista - City Council December 5, 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 410 of 637 City of Chula Vista - City Council December 5, 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 411 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 412 of 637 City of Chula Vista - City Council December 5, 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 413 of 637 City of Chula Vista - City Council December 5, 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 4 Blackwell, Jared 12 Chambers, Guy 19 De Marco, Timothy 27 Ferguson, Veronica 34 Garate, Daniel 41 48 Gonzales, Adolfo 62 Lake, Susan 68 Napolez, Lucia 78 Pineda, Thomas 90 Pulido, Richard 99Quiazon, Merzon 106 Quintero, Joaquin 113 Williams, Devon Page 414 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Batson, Marlano Page 4 of 119 Page 415 of 637 City of Chula Vista - City Council December 5, 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 5 of 119 Page 416 of 637 City of Chula Vista - City Council December 5, 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 6 of 119 Page 417 of 637 City of Chula Vista - City Council December 5, 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 7 of 119 Page 418 of 637 City of Chula Vista - City Council December 5, 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 statement above. 27. I understand ifI amselectedtoserve onthisboardorcommissionIwillneedtodisclose 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 isaccurateandtrue. 4 Page 8 of 119 Page 419 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Enteryourfullnameto MB acknowledgethe attestationabove. Thankyou, CityofChulaVista This isanautomated messagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 5 Page 9 of 119 Page 420 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 10 of 119 Page 421 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 11 of 119 Page 422 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Blackwell, Jared Page 12 of 119 Page 423 of 637 City of Chula Vista - City Council December 5, 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 13 of 119 Page 424 of 637 City of Chula Vista - City Council December 5, 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 14 of 119 Page 425 of 637 City of Chula Vista - City Council December 5, 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 15 of 119 Page 426 of 637 City of Chula Vista - City Council December 5, 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 16 of 119 Page 427 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Thankyou, CityofChulaVista Thisisanautomatedmessagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 5 Page 17 of 119 Page 428 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 18 of 119 Page 429 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chambers, Guy Page 19 of 119 Page 430 of 637 City of Chula Vista - City Council December 5, 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 20 of 119 Page 431 of 637 City of Chula Vista - City Council December 5, 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 21 of 119 Page 432 of 637 City of Chula Vista - City Council December 5, 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 22 of 119 Page 433 of 637 City of Chula Vista - City Council December 5, 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 23 of 119 Page 434 of 637 City of Chula Vista - City Council December 5, 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 24 of 119 Page 435 of 637 City of Chula Vista - City Council December 5, 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 25 of 119 Page 436 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda MEMBERSHIPSANDASSOCIATIONS FriendsofChulaVistaPark andRecreation FBINationalAcademy Association Retired DeputySheriff’sAssociation ofSan Diego PORACRetiredAssociation Member Page 26 of 119 Page 437 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda DeMarco, Timothy Page 27 of 119 Not eligible for appointment until April 2024 Page 438 of 637 City of Chula Vista - City Council December 5, 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 28 of 119 Page 439 of 637 City of Chula Vista - City Council December 5, 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 29 of 119 Page 440 of 637 City of Chula Vista - City Council December 5, 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 30 of 119 Page 441 of 637 City of Chula Vista - City Council December 5, 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 31 of 119 Page 442 of 637 City of Chula Vista - City Council December 5, 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 32 of 119 Page 443 of 637 City of Chula Vista - City Council December 5, 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 33 of 119 Page 444 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Ferguson, Veronica Page 34 of 119 Page 445 of 637 City of Chula Vista - City Council December 5, 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 35 of 119 Page 446 of 637 City of Chula Vista - City Council December 5, 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 36 of 119 Page 447 of 637 City of Chula Vista - City Council December 5, 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 37 of 119 Page 448 of 637 City of Chula Vista - City Council December 5, 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 38 of 119 Page 449 of 637 City of Chula Vista - City Council December 5, 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 39 of 119 Page 450 of 637 City of Chula Vista - City Council December 5, 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 40 of 119 Page 451 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Garate, Daniel Page 41 of 119 Page 452 of 637 City of Chula Vista - City Council December 5, 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 42 of 119 Page 453 of 637 City of Chula Vista - City Council December 5, 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 43 of 119 Page 454 of 637 City of Chula Vista - City Council December 5, 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 44 of 119 Page 455 of 637 City of Chula Vista - City Council December 5, 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 45 of 119 Page 456 of 637 City of Chula Vista - City Council December 5, 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 46 of 119 Page 457 of 637 City of Chula Vista - City Council December 5, 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 47 of 119 Page 458 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Gonzales, Adolfo Page 48 of 119 Page 459 of 637 City of Chula Vista - City Council December 5, 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 49 of 119 Page 460 of 637 City of Chula Vista - City Council December 5, 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 50 of 119 Page 461 of 637 City of Chula Vista - City Council December 5, 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 51 of 119 Page 462 of 637 City of Chula Vista - City Council December 5, 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 52 of 119 Page 463 of 637 City of Chula Vista - City Council December 5, 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 53 of 119 Page 464 of 637 City of Chula Vista - City Council December 5, 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 54 of 119 Page 465 of 637 City of Chula Vista - City Council December 5, 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 55 of 119 Page 466 of 637 City of Chula Vista - City Council December 5, 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 56 of 119 Page 467 of 637 City of Chula Vista - City Council December 5, 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 57 of 119 Page 468 of 637 City of Chula Vista - City Council December 5, 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 58 of 119 Page 469 of 637 City of Chula Vista - City Council December 5, 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 59 of 119 Page 470 of 637 City of Chula Vista - City Council December 5, 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 60 of 119 Page 471 of 637 City of Chula Vista - City Council December 5, 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 61 of 119 Page 472 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Lake, Susan Page 62 of 119 Page 473 of 637 City of Chula Vista - City Council December 5, 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 63 of 119 Page 474 of 637 City of Chula Vista - City Council December 5, 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 64 of 119 Page 475 of 637 City of Chula Vista - City Council December 5, 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 65 of 119 Page 476 of 637 City of Chula Vista - City Council December 5, 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 66 of 119 Page 477 of 637 City of Chula Vista - City Council December 5, 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 67 of 119 Page 478 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Napolez, Lucia Page 68 of 119 Page 479 of 637 City of Chula Vista - City Council December 5, 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 69 of 119 Page 480 of 637 City of Chula Vista - City Council December 5, 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 70 of 119 Page 481 of 637 City of Chula Vista - City Council December 5, 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 71 of 119 Page 482 of 637 City of Chula Vista - City Council December 5, 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 72 of 119 Page 483 of 637 City of Chula Vista - City Council December 5, 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 73 of 119 Page 484 of 637 City of Chula Vista - City Council December 5, 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 74 of 119 Page 485 of 637 City of Chula Vista - City Council December 5, 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 75 of 119 Page 486 of 637 City of Chula Vista - City Council December 5, 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 76 of 119 Page 487 of 637 City of Chula Vista - City Council December 5, 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 77 of 119 Page 488 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Pineda,Thomas Page 78 of 119 Page 489 of 637 City of Chula Vista - City Council December 5, 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 79 of 119 Page 490 of 637 City of Chula Vista - City Council December 5, 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 80 of 119 Page 491 of 637 City of Chula Vista - City Council December 5, 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 81 of 119 Page 492 of 637 City of Chula Vista - City Council December 5, 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 82 of 119 Page 493 of 637 City of Chula Vista - City Council December 5, 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 83 of 119 Page 494 of 637 City of Chula Vista - City Council December 5, 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 84 of 119 Page 495 of 637 City of Chula Vista - City Council December 5, 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 85 of 119 Page 496 of 637 City of Chula Vista - City Council December 5, 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 86 of 119 Page 497 of 637 City of Chula Vista - City Council December 5, 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 87 of 119 Page 498 of 637 City of Chula Vista - City Council December 5, 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 88 of 119 Page 499 of 637 City of Chula Vista - City Council December 5, 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 89 of 119 Page 500 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Pulido, Richard Page 90 of 119 Page 501 of 637 City of Chula Vista - City Council December 5, 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 91 of 119 Page 502 of 637 City of Chula Vista - City Council December 5, 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 92 of 119 Page 503 of 637 City of Chula Vista - City Council December 5, 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 93 of 119 Page 504 of 637 City of Chula Vista - City Council December 5, 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 94 of 119 Page 505 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 95 of 119 Page 506 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 96 of 119 Page 507 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 97 of 119 Page 508 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 98 of 119 Page 509 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Quiazon, Merzon Page 99 of 119 Page 510 of 637 City of Chula Vista - City Council December 5, 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 100 of 119 Page 511 of 637 City of Chula Vista - City Council December 5, 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 101 of 119 Page 512 of 637 City of Chula Vista - City Council December 5, 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 102 of 119 Page 513 of 637 City of Chula Vista - City Council December 5, 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 103 of 119 Page 514 of 637 City of Chula Vista - City Council December 5, 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 104 of 119 Page 515 of 637 City of Chula Vista - City Council December 5, 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 105 of 119 Page 516 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Quintero, Joaquin Page 106 of 119 Page 517 of 637 City of Chula Vista - City Council December 5, 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 107 of 119 Page 518 of 637 City of Chula Vista - City Council December 5, 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 108 of 119 Page 519 of 637 City of Chula Vista - City Council December 5, 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 109 of 119 Page 520 of 637 City of Chula Vista - City Council December 5, 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 110 of 119 Page 521 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Thisisanautomatedmessagegenerated byGranicus. Pleasedonotreplydirectlytothisemail. To help prot ect your priva cy, … 5 Page 111 of 119 Page 522 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 112 of 119 Page 523 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Williams, Devon Page 113 of 119 Page 524 of 637 City of Chula Vista - City Council December 5, 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 114 of 119 Page 525 of 637 City of Chula Vista - City Council December 5, 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 115 of 119 Page 526 of 637 City of Chula Vista - City Council December 5, 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 116 of 119 Page 527 of 637 City of Chula Vista - City Council December 5, 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 117 of 119 Page 528 of 637 City of Chula Vista - City Council December 5, 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 118 of 119 Page 529 of 637 City of Chula Vista - City Council December 5, 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 119 of 119 Page 530 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Residing District Info Tech & Data Sec Privacy Protection Accounting & Finance Public Safety Equity & Civil Rights None Indicated Robert Godinez 4 x x x Pati Ruiz 2 x x x Eric Wood 1 x x x Marlano Batson 3 x x Jared Blackwell 2 x x x Guy Chambers 2 x x Timothy DeMarco 1 x Veronica Ferguson 3 x Daniel Garate 4 x Adolfo Gonzales 1 x x x x x Susan Lake 2 x x Lucia Napolez 2 x Thomas Pineda 2 x x Richard Pulido 2 x x x x x Merzon Jeff Quiazon 3 x x Joaquin Quintero 3 x x Devon Williams 3 x x Self-Reported Expertise City Manager Input - Most Qualified Category Privacy Protection and Technology Advisory Commission Applicants Page 531 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda MEMORANDUM OFFICE OF COUNCILMEMBER ANDREA CARDENAS DATE: TO: FROM: SUBJECT: November 30, 2023 Mayor and City Councilmembers Councilmember Andrea Cardenas Privacy Protec,on and Technology Advisory Commission Nomina,on Dear Mayor and Councilmembers, I would like to formally nominate Susan Lake for the newly formed Privacy Protec>on and Technology Advisory Commission. I believe her experience will be a great asset to our City and she will be a great representa>ve for our community. Sincerely, Andrea Cardenas Councilmember District 4 CC: City Manager, City Clerk, City AForney Page 532 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Residing District Info Tech & Data Sec Privacy Protection Accounting & Finance Public Safety Equity & Civil Rights None Indicated Robert Godinez 4 x x x Pati Ruiz 2 x x x Eric Wood 1 x x x Marlano Batson 3 x x Jared Blackwell 2 x x x Guy Chambers 2 x x Timothy DeMarco 1 x Veronica Ferguson 3 x Daniel Garate 4 x Adolfo Gonzales 1 x x x x x Susan Lake 2 x x Lucia Napolez 2 x Thomas Pineda 2 x x Richard Pulido 2 x x x x x Merzon Jeff Quiazon 3 x x Joaquin Quintero 3 x x Devon Williams 3 x x Self-Reported Expertise City Manager Input - Most Qualified Category Privacy Protection and Technology Advisory Commission Applicants Page 533 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Public Participation: Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings Report Number: 23-0327 Location: No specific geographic location Department: City Attorney & City Manager G.C. § 84308: No 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 Place an ordinance on first reading amending various sections in Chula Vista Municipal Code Chapter 2.04 to revise and implement regulations on public participation in public meetings, including procedures and regulations for addressing disorderly conduct and rules and time limits for addressing the City Council. (First Reading) SUMMARY Adopting the ordinance will implement changes to the regulations and procedures for addressing disorderly conduct during public meetings and rules and time limits for addressing the City Council in compliance with State law. The recommended changes aim to protect freedom of speech, promote equitable participation by all community members, and allow public meetings to be conducted reasonably efficiently. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 534 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION State law recently changed regarding disorderly conduct at public meetings. This item is being presented to update the City’s existing rules to comply with State law. Staff is also recommending changes to enhance the orderly conduct of public meetings. The recommended changes aim to protect freedom of speech, promote equitable participation by all community members, and allow public meetings to be conducted reasonably efficiently. Summary of Major Provisions Disorderly conduct. The ordinance provides rules for disorderly conduct of the public at public meetings. In accordance with State law, examples of disorderly conduct include: 1. Speaking without being recognized by the presiding officer. 2. Continuing to speak after the allotted time has expired. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the Council. 6. Attempting to engage the audience rather than the Council. 7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period. 8. Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer or a majority of the Council. 9. Engaging in behavior that constitutes a use of force or a true threat of force. The proposed procedure to address disorderly conduct is to, whenever practicable, 1) give the person a warning and identify the rule of conduct being violated, 2) if the conduct continues, issue an order barring the person from the rest of that meeting, and 3) if the person does not voluntarily leave, the attending police officer is directed to remove them. A warning would not be necessary when it would not be effective under the circumstances, such as the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning would also not be necessary when an individual violates the rules of conduct more than once during a meeting or continuously violates the rules of conduct City Council meeting after City Council meeting. Speaker Time Limits Applicable law, including the Ralph M. Brown Act, allows public entities to place reasonable time, place, and manner restrictions on public comment at their meetings. The proposed changes to speaker time limits aim to strike a balance between the public’s right and need to address their elected officials, while also allowing Page 535 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 the City to manage public meetings, complete them reasonably efficiently, and promote an environment that allows all members of the public to engage and be able to offer comments. Proposed changes to speaker time limits include: Consent Calendar. Each speaker will be allowed up to three minutes to speak to any or all items on the consent calendar. Discussion of an item, information from staff, or a separate vote on any item by the City Council on the consent calendar do not remove an item from the consent calendar. Agenda Items (Not on the Consent Calendar). Each speaker will be allowed up to two minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. Non-Agenda Items/General Public Comments. Twenty minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council. Each speaker will be allowed up to two minutes. If there are more than 10 speakers, the first 10 will be heard near the beginning of the meeting and the remaining speakers will be heard near the conclusion of the meeting. Time Limits for Speakers Who Utilize an Interpreter. To comply with State law and City practice, staff recommends the rules be updated to specify that a member who utilizes an interpreter to provide non-simultaneous English language translation shall receive twice the time otherwise allotted to speak. Other Revisions Other proposed revisions address the timeframe in which a request to speak must be submitted, specify that no person may yield time to another person, specify that group and visual presentations are only permitted on land use and adjudicatory matters by project applicants and appellants, allow the presiding officer to have the discretion to adjust the provisions, and provide timeframes to submit comments. The proposed changes align with orderly meeting regulations at other public agencies. Should the ordinance be placed on first reading, staff will return with corresponding updates to City Council policies that will become effective at the same time as the ordinance. 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 Councilmembers 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 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 as a result of this action. Page 536 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 4 ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS None. Staff Contact: Tiffany Allen, Assistant City Manager; Megan McClurg, Assistant City Attorney Page 537 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda C:\Program Files\eSCRIBE\TEMP\19363495482\19363495482,,,Ordinance.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS OF CHAPTER 2.04 (CITY COUNCIL MEETINGS) OF THE CHULA VISTA MUNICIPAL CODE REGARDING COMMUNICATION WITH COUNCIL AND DISRUPTIVE CONDUCT DURING COUNCIL MEETINGS WHEREAS, pursuant to Cal. Const. art. XI, § 7, the City of Chula Vista has the authority, under its police power, to enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, the City Council of the City of Chula Vista finds that the City Council has a legitimate need to conduct City business in an efficient, orderly manner and provide a forum for all persons to petition the government for redress of grievances; and WHEREAS, the City Council of the City of Chula Vista finds that conduct by persons addressing the City Council during City Council meetings which interferes with, disrupts, disturbs, or otherwise impedes the orderly conduct of City Council meetings, prevents the City Council from conducting its business, and inhibits the ability of citizens to petition their government for the redress of grievances; and WHEREAS, City Council meetings are limited public fora (White v. Norwalk, 900 F.2d 1421 (9th Cir. 1990), and the City Council may adopt regulations related to conduct at meetings that are reasonable to the purpose of the forum and viewpoint neutral (Norse v. City of Santa Cruz, 629 F.3d 966 (9th Cir. 2010); and WHEREAS, applicable law, including Government Code section 54954.3, provides that the legislative body of a local agency may adopt regulations limiting the total amount of time allocated for public testimony on particular issues and for each individual speaker; and WHEREAS, applicable law, including Government Code section 54957.95, authorizes an individual who engages in disruptive behavior at a meeting to be removed from such meeting; and WHEREAS, prohibited conduct at City Council meetings must be limited to conduct that actually disrupts the orderly operation of such meetings (Acosta v. City of Costa Mesa, 718 F.3d 800 (9th Cir. 2013). NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.04 of the Chula Vista Municipal Code is amended as follows: [sections 2.04.010 through 2.04.110 remain unchanged] Page 538 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Ordinance Page 2 2.04.120 Written comments. A. Regular Meetings. Written comments received by or submitted electronically to the City prior to 12:00 noon on the day of each regular Council meeting shall be provided to the Council and incorporated into the record for the meeting. B. Special Meetings. Written comments received by or submitted electronically to the City three hours prior to each special Council meeting shall be provided to the Council and incorporated into the record for the meeting. C. Comments delivered to City Council Meetings. Notwithstanding the foregoing, written comments personally delivered to the City Clerk at the City Council meeting will be distributed to the City Council and incorporated into the record for the meeting until the close of public comment period on the item or under the general Public Comment period for non-agenda items. [section 2.04.130 is repealed] [section 2.04.140 remains unchanged] 2.04.150 Consent calendar. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and that are determined in the agenda preparation process to be relatively non-controversial. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The Mayor or any Councilmember may remove an item from the consent calendar; such item will then be heard as an action item. [sections 2.04.160 through 2.04.200 remain unchanged] 2.04.210 Right to address the Council. Section 310 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the City Council; therefore, members of the public in attendance shall have the absolute right to address the Council as a whole during consideration of items, upon obtaining recognition by the presiding officer. A. Consent Calendar. Members of the public shall be heard prior to Council consideration of the consent calendar. Each speaker shall be allowed up to three minutes to address the Council concerning any and all items on the consent calendar. The Mayor or any Councilmember may then briefly respond to the speaker, or request a response from a staff member, or request discussion of an item or items on the consent calendar. Discussion of an item, information from staff, or a separate vote on any item by the Council on the consent calendar do not remove an item from the consent calendar. B. Agenda Items. Members of the public wishing to speak on an agenda item not on the Consent Calendar shall be given the opportunity to speak for up to two minutes to address the Council Page 539 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Ordinance Page 3 concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. C. Non-Agenda Items/General Public Comments. There will be a total of 20 minutes scheduled and titled “Public Comments” on the agenda near the beginning of the Council Meeting for members of the public to address the Council. Each speaker shall be allowed up to two minutes to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. In the event that more than ten individuals request to address the City Council on non-agenda items, the first ten will be heard near the beginning of the meeting. The remaining speakers will be heard near the conclusion of the meeting and granted two minutes each. In the event that all interested individuals present at the time address the City Council during the first Public Comment session, there will be no additional Public Comment session near the conclusion of the meeting. The presiding officer shall have the discretion to allow more than ten individuals to speak at the beginning of the session. All issues raised by a speaker will be automatically referred to the City Manager. No other action may be taken by the Council at this time. D. Time Limits for Speakers Who Utilize an Interpreter. A member of the public who utilizes an interpreter to provide consecutive English language translation shall receive twice the time otherwise allotted to speak. E. Request to Speak. Any person wishing to speak to the Council must submit to the City Clerk a request to speak prior to the close of public comment period on the item or under the general Public Comment period for non-agenda items. Requests to speak received after the close of public comment on the item will not be accepted. No person may yield speaking time to another person. Any person who does not wish to speak to the Council but wishes to have the record reflect a position in favor of or in opposition to an agenda item may do so by indicating the same on the public comment form. F. Group Presentations. Group presentations are not permitted on non-land use or non- adjudicatory matters. G. Visual Presentations. Visual presentations are not permitted on non-land use or non- adjudicatory matters. Visual media may be submitted to the City Clerk to be provided to the Council and incorporated into the record for the meeting. H. Land Use or Adjudicatory Matters. On land use or adjudicatory matters, project applicants or appellants, separate from public comments on the item, shall be allowed up to 15 minutes to address the Council on the matter. Project applicants or appellants that wish to show a presentation or video must make arrangements to submit the presentation to the City Clerk no later than 24 hours prior to the meeting. Project applicants or appellants are encouraged to be prepared with alternatives in the event that technical issues prevent visual presentations from being displayed. I. Signs. Signs and visuals may be held by members of the public, as long as they don’t block the view of other meeting attendees or otherwise interrupt or disrupt the orderly conduct of the City Council meeting. Page 540 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Ordinance Page 4 J. Presiding Officer Authority. The presiding officer shall have the discretion to adjust provisions contained in this section, including speaker time limits, the number of speakers, and group presentation matters, subject to the right of any Councilmember to appeal to the Council. [sections 2.04.220 through 2.04.250 are repealed] [sections 2.04.260 through 2.04.320 remain unchanged] 2.04.330 Conduct during the Council Meeting. A. Prohibition on Disorderly Behavior. Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the presiding officer or a majority of the Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of section (C), below. B. Disorderly Behavior Defined. Disorderly behavior under subdivision (a) may include, but is not limited to, the following: 1. Speaking without being recognized by the presiding officer. 2. Continuing to speak after the allotted time has expired or has been paused. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the Council. 6. Attempting to engage the audience rather than the Council. 7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during the public comment period. 8. Refusing to modify conduct after bein g advised by the presiding officer that the conduct is disrupting the meeting or disobeying any other lawful order of the presiding officer or a majority of the Council. 9. Engaging in behavior that constitutes a use of force or a true threat of force. C. Enforcement. The rules of conduct while addressing the Council set forth above shall be enforced in the following manner: 1. Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard Page 541 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Ordinance Page 5 above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a council meeting, or continuously violates the rules of conduct City Council meeting after City Council meeting. 2. Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that City Council meeting by the presiding officer or a majority of the Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subdivision (C)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subdivision (C)(1), but later in the same council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subdivision (C)(1). The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a City Council meeting, disorderly behavior at City Council meeting after City Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting. 3. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the Council, the presiding officer or the majority of the Council may direct the Chief of Police or person designated by Chief of Police to remove that person from the Council chambers. (D) The following conduct is unlawful and shall be punishable as a misdemeanor: 1. Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting, after receiving a warning pursuant to subdivision (C)(1) of this section. 2. Refusing to leave a City Council meeting after being directed to do so pursuant to subdivision (C)(2) of this section. 3. Returning to a City Council meeting after being barred, removed or directed to leave such meeting pursuant to subdivisions (C)(2) and (C)(3) of this section. [sections 2.04.350 to 2.04.590 remain unchanged] 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 542 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Ordinance Page 6 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Tiffany Allen Jill D.S. Maland Assistant City Manager Lounsbery Ferguson Altona & Peak Acting City Attorney Page 543 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda [sections 2.04.010 through 2.04.110 remain unchanged] 2.04.120 Written communications.comments. A. Regular Meetings. Written comments received by or submitted electronically to tThe City Clerk is authorized to place any communication requiring Council action received at the clerk’s office prior to 124:00 noonp.m. on Monday, eight days precedingthe day of each regular Council meeting, and shall be listed on the agenda as provided for under the order of business established in this chapter. Any such communication received thereafter shall be listed on the agenda for the next regular Council meeting held thereafter. All communications shall be submitted provided to the Council with a report and recommendation by the City staffand incorporated into the record for the meeting. All correspondence shall be answered or acknowledged as soon as practicable. B. Special Meetings. Written comments received by or submitted electronically to the City three hours prior to each special Council meeting shall be provided to the Council and incorporated into the record for the meeting. C. Comments delivered to Council Meetings. Notwithstanding the foregoing, written comments personally delivered to the City Clerk at the City Council meeting will be distributed to the City Council and incorporated into the record for the meeting until the close of public comment period on the item or under the general Public Comment period for non-agenda items. 2.04.130 Oral communications. All citizens requesting permission to address the City Council on any matter not contained in the agenda of a regular meeting may submit such request to the City Clerk prior to the time during the meeting at which “general public comment” is invited. The nature of the general public comment and the name of the person or persons desiring to be heard shall be clearly Page 544 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda stated in such requests. Such oral communications shall not be subject to debate or participation by other members of the public present at the Council meeting. [section 2.04.130 is repealed] [section 2.04.140 remains unchanged] 2.04.150 Consent calendar. A. The consent calendar shall consist of the approval of minutes of previous meetings and those other items such as contracts and routine resolutions that do not necessitate a separate public hearing and that are determined in the agenda preparation process to be relatively non-controversial. The consent calendar shall be considered as one item regardless of the number of matters appearing on it and may be approved by a single vote. The Mayor or any Councilmember may remove an item from the consent calendar; such item will then be heard as an action item. B. Councilmembers may request to have individual matters removed from the consent calendar so that they may be heard on those matters. All matters remaining on the consent calendar may be approved by a single vote. Any items removed from the consent calendar shall be considered separately in the order of their appearance on the agenda. Removed items may be heard immediately following the consent calendar or may be heard after the City Council concludes Closed Session. [sections 2.04.160 through 2.04.200 remain unchanged] 2.04.210 Right to address the Council – Limitations. Section 310 of the Charter guarantees the right of citizens to present grievances at any regular meeting of the City Council; therefore, members of the publicevery person in attendance shall Page 545 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda have the absolute right to address the Council as a whole during consideration of items under the following headings of business, upon obtaining recognition by the presiding officer. : A. Public Hearings.Consent Calendar. Members of the public shall be heard prior to Council consideration of the consent calendar. Each speaker shall be allowed up to three minutes to address the Council concerning any and all items on the consent calendar. The Mayor or any Councilmember may then briefly respond to the speaker, or request a response from a staff member, or request discussion of an item or items on the consent calendar. Discussion of an item, information from staff, or a separate vote on any item by the Council on the consent calendar do not remove an item from the consent calendar. B. Agenda Items. Members of the public wishing to speak on an agenda item not on the Consent Calendar shall be given the opportunity to speak for up to two minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. C. Non-Agenda Items/General Public Comments. There will be a total of 20 minutes scheduled and titled “Public Comments” on the agenda near the beginning of the Council Meeting for members of the public to address the Council. Each speaker shall be allowed up to two minutes to address the Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the Council. In the event that more than ten individuals request to address the City Council on non-agenda items, the first ten will be heard near the beginning of the meeting. The remaining speakers will be heard near the conclusion of the meeting and granted two minutes each. In the event that all interested individuals present at the time address the City Council during the first Public Comments session, there will be no additional Public Comment session near the conclusion of the meeting. The presiding officer shall have the discretion to allow more than ten individuals to speak at the beginning of the session. All issues raised by a speaker will be automatically referred to the City Manager. No other action may be taken by the Council at this time. Interested persons or their authorized representatives may address the Council while a matter is open to public hearing in regard to remarks or questions relevant to the matter under consideration. D. Time Limits for Speakers Who Utilize an Interpreter. A member of the public who utilizes an interpreter to provide consecutive English language translation shall receive twice the time otherwise allotted to speak. Page 546 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda E. Request to Speak. Any person wishing to speak to the Council must submit to the City Clerk a request to speak prior to the close of public comment period on the item or under the general Public Comment period for non-agenda items. Requests to speak received after the close of public comment on the item will not be accepted. No person may yield speaking time to another person. Any person who does not wish to speak to the Council but wishes to have the record reflect a position in favor of or in opposition to an agenda item may do so by indicating the same on the public comment form. F. Group Presentations. Group presentations are not permitted on non-land use or non-adjudicatory matters. G. Visual Presentations. Visual presentations are not permitted on non-land use or non-adjudicatory matters. Visual media may be submitted to the City Clerk to be provided to the Council and incorporated into the record for the meeting. H. Land Use or Adjudicatory Matters. On land use or adjudicatory matters, project applicants or appellants, separate from public comments on the item, shall be allowed up to 15 minutes to address the Council on the matter. Project applicants or appellants that wish to show a presentation or video must make arrangements to submit the presentation to the City Clerk no later than 24 hours prior to the meeting. Project applicants or appellants are encouraged to be prepared with alternatives in the event that technical issues prevent visual presentations from being displayed. I. Signs. Signs and visuals may be held by members of the public, as long as they don’t block the view of other meeting attendees or otherwise interrupt or disrupt the orderly conduct of the City Council meeting. J. Presiding Officer Authority. The presiding officer shall have the discretion to adjust provisions contained in this section, including speaker time limits, the number of speakers, and group presentation matters, subject to the right of any Councilmember to appeal to the Council. Page 547 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda B. Communications. Any person in attendance may address the Council by oral communications on any matter concerning municipal business over which the Council has influence or control. C. Limited Right to Address the Council. In order to facilitate the conduct of the business of the City and to insure that comments of citizens are received by the Council at the appropriate time when matters are under consideration by the Council, rather than having such items being raised outside of the context and timing of such consideration, in addition to the absolute right to address the Council during consideration of the above item hearing of business, any interested person may request permission from the presiding officer to address the Council relevant to the subject matter under consideration. Such request should, whenever practicable, be made prior to a motion being made on the subject. The granting or denial of such a request by the presiding officer may be appealed to the City Council by a member of the Council. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. 2.04.220 Addressing the Council – Consent required – Rules and time limits. No person shall address or question a Councilmember, the City Attorney, the City Manager, the Director of Public Works, the Director of Planning, or other officials at the Council table without the prior consent of the presiding officer. Anonymous communications shall not be considered nor placed on the agenda. The presiding officer shall not permit any communication, written or oral, to be made or read where it does not bear directly on an agenda item then under discussion. The rules and time limits set forth in CVMC 2.04.230 and 2.04.240 shall apply to persons addressing the City Council. 2.04.230 Addressing the Council – Individuals. Page 548 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Each person addressing the Council on oral communications shall step up to the microphone, give his or her name and address in an audible tone of voice for the record, and shall limit his or her address to three minutes. Persons addressing the Council on items listed on the agenda shall limit their communication to five minutes, unless further time is granted by the presiding officer. All remarks shall be addressed to the Council as a body and not to any member thereof. No person, other than a Councilmember and the person having the floor, shall be permitted to enter into any discussion without the permission of the presiding officer. 2.04.240 Addressing the Council – Spokesman for a group of persons. When any group of persons wishes to address the Council on the same subject matter, it shall be proper for the presiding officer to request that a spokesman be chosen by the group to address the Council, and in case additional matters are to be presented at the time by any other member of such group, to limit the number of persons so addressing the Council so as to avoid unnecessary repetition before the Council. Further, groups of persons shall be limited to a total presentation period of 30 minutes. The presiding officer shall first call for representatives of groups in favor of the matter under consideration and then for those persons in opposition to the matter under consideration, and thereafter shall allow a rebuttal time limited to five minutes to the proponents, who shall confine rebuttal remarks to answering comments made in opposition and not the introduction of new testimony. Further time may be granted at the discretion of the presiding officer, and in the case of public hearings, the presiding officer may, dependent upon the necessity for insuring adequate presentation of testimony and evidence to provide a fair hearing and due process, set longer time limitations. The decision of the presiding officer in regard to the setting of time limitations may be appealed to the Council. 2.04.250 Addressing the Council – After certain procedures – Permission required. Page 549 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda After a public hearing has been closed and after a motion is made by the Council, no person shall address the Council without first obtaining the permission of the Council to do so. (Ord. 1486 § 2, 1973; prior code § 1.215). [sections 2.04.220 through 2.04.250 are repealed] [sections 2.04.260 through 2.04.320 remain unchanged] 2.04.330 Audience – Conduct during the Council MeetingDecorum and order. Public members attending Council meetings shall observe the same rules of order and decorum applicable to the Council and staff. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the sergeant-at-arms is so directed by the presiding officer, and such person may be barred from further audience before the Council. Unauthorized remarks from the audience, stamping of feet, whistles, yells and similar demonstrations shall not be permitted by the presiding officer, who shall direct the sergeant-at-arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the presiding officer or a Councilmember. (Ord. 1486 § 2, 1973; prior code § 1.223). 2.04.340 Decorum and order – Enforcement – Violation deemed misdemeanor. A. The Chief of Police, or such member of the Police Department as he may designate, shall be sergeant-at-arms of the City Council, and he shall attend meetings at the request of the presiding officer, City Manager, or City Council. He shall be available to respond to all meetings immediately upon call. He shall carry out all orders given by the presiding officer or Council for the purpose of maintaining order and decorum at the Council meetings. Any Councilmember may move to require the presiding officer to enforce the rules, and the affirmative vote of a Page 550 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda majority of the Councilmembers present shall require him to do so.A. Prohibition on Disorderly Behavior. Any person who engages in disorderly behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting shall, upon an order by the presiding officer or a majority of the Council, be barred from further audience before the City Council during that meeting, pursuant to the provisions of section (C), below. B. Disorderly Behavior Defined. Disorderly behavior under subdivision (a) may include, but is not limited to, the following: 1. Speaking without being recognized by the presiding officer. 2. Continuing to speak after the allotted time has expired or has been paused. 3. Speaking on an item at a time not designated for discussion by the public of that item. 4. Throwing objects. 5. Speaking on an issue that is not within the jurisdiction of the Council. 6. Attempting to engage the audience rather than the Council as a whole. 7. Addressing staff members or individual Councilmembers directly rather than the Council as a whole during a public comment period. 8. Refusing to modify conduct after being advised by the presiding officer that the conduct is disrupting the meeting, or disobeying any other lawful order of the presiding officer or a majority of the Council. 9. Engaging in behavior that constitutes a use of force or a true threat of force. CB. Enforcement. The rules of conduct while addressing the Council set forth above shall be enforced in the following manner: 1. Call to order and warning to desist. Whenever practicable, the presiding officer or a majority of the Council shall give a warning to the person who is breaching the rules of conduct to be orderly and to comply with the rules of conduct hereunder. Such a warning shall articulate the rule of conduct being violated and the manner in which the person must comply. Page 551 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda A warning shall not be necessary when it would not be effective under the circumstances, including when, but not limited to, the disturbance is such that the warning cannot be heard above the noise, or the conduct of the person or persons constitutes an immediate threat to public safety, such as the throwing of objects or specific threats of harm and the apparent, present ability to carry out such threats. A warning shall also not be necessary when an individual violates the rules of conduct more than once during a council meeting, or continuously violates the rules of conduct City Council meeting after City Council meeting. 2. Order barring person from meeting. A person who engages in disorderly behavior shall be barred from the remainder of that City Council meeting by the presiding officer or a majority of the Council when that person: (i) continues the disorderly behavior after receiving a warning pursuant to subdivision (C)(1); (ii) ceases the disorderly behavior upon receiving a warning pursuant to subdivision (C)(1), but later in the same council meeting resumes such disorderly behavior; or (iii) engages in disorderly behavior and no warning is practicable under the circumstances, pursuant to subdivision (C)(1). The continuation of disorderly behavior after receiving a warning, repeated disorderly behavior during a City Council meeting, disorderly behavior at City Council meeting after City Council meeting, or disorderly behavior that is so significant that a warning cannot be given, constitutes the type of behavior that actually disrupts, disturbs or otherwise impedes the orderly conduct of a City Council meeting. 1. Removal. If the person barred from the meeting does not voluntarily remove him/herself upon being instructed to do so by the presiding officer or a majority of the Council, the presiding officer or the majority of the Council may direct the Chief of Police or person designated by Chief of Police to remove that person from the Council chambers.Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law. 3. (D) The following conduct is unlawful and shall be punishable as a misdemeanor: Page 552 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1. Continuing to engage in disorderly conduct, which disrupts, disturbs or otherwise impedes the orderly conduct of any City Council meeting, after receiving a warning pursuant to subdivision (C)(1) of this section. 2. Refusing to leave a City Council meeting after being directed to do so pursuant to subdivision (C)(2) of this section. 3. Returning to a City Council meeting after being barred, removed or directed to leave such meeting pursuant to subdivisions (C)(2) and (C)(3) of this section. C. Any member of the Council or other person using vulgar, profane, loud or boisterous language at any meeting or otherwise interrupting the proceedings of the Council, or who refuses to carry out orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the Council meeting, or who interrupts proceedings, shall upon conviction be deemed guilty of a misdemeanor. D. Upon instructions of the presiding officer, it shall be the duty of the sergeant-at-arms, or any of them present, to place any person who violates the order and decorum of the meeting under arrest. E. For the purpose of this chapter, a criminal complaint shall be signed by the presiding officer. (Ord. 1486 § 2, 1973; prior code § 1.224). [sections 2.04.350 to 2.04.590 remain unchanged] Page 553 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda REGULATIONS FOR THE ORDERLY CONDUCT OF PUBLIC MEETINGS December 5, 2023 Page 554 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda APPLICABLE LAW:ADDRESSING THE LEGISLATIVE BODY Brown Act: GC 54954.3 •Right to address the legislative body at public meeting •May limit time allocated for public comment •Must allow twice the allotted time for someone using non-simultaneous translation •Cannot prohibit criticism of policies, procedures, programs, or services, or the acts or omissions of the Council Other State and Federal Laws •Can regulate time, place, and manner of speech •Can limit comment to issues under jurisdiction of the legislative body •Can limit speaker time to allow a body to complete the agenda within a reasonable period of time Page 555 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda •Balance public right to address Council with need to complete agenda within a reasonable amount of time •Consent Calendar: •up to three minutes to speak to any or all items •discussion of item does not remove from consent calendar •Agenda Items (not on consent calendar) •up to two minutes to speak concerning the agenda item •must speak to the scope of the item under consideration •General Public Comment (non-agenda items): •up to two minutes to speak to non-agenda item under Council jurisdiction •20 minutes of General Public Comment near beginning of meeting and remainder trailed to later in the meeting •Provides twice the allotted time for those using non-simultaneous translation •Other: may not yield time; group and visual presentations are only permitted by project applicants and appellants on land use and adjudicatory matters •Provides discretion for presiding officer to adjust provisions as appropriate PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE Page 556 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda APPLICABLE LAW: DISORDERLY CONDUCT AT PUBLIC MEETINGS •Federal case •Must prohibit actual disruption of the meeting vs. content of speech Acosta v. City of Costa Mesa •State provision effective this year •Authorizes removal of a disruptive individual from a public meeting •Requires a warning first in most cases •Defines disruptive conduct Brown Act: GC 54957.95 Page 557 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda •Brings Chula Vista provisions into alignment with applicable law •Prohibits disorderly behavior that actually disrupts, disturbs, or impedes the orderly conduct of any meeting •Provides examples of disorderly behavior, such as: •Speaking out of turn, continuing to speak after time expires, or speaking on an issue not within the jurisdiction of Council •Throwing objects or behavior that constitutes a use of force or true threat of force •Explains process for enforcement of rules of conduct PROPOSED AMENDMENTS TO CHULA VISTA MUNICIPAL CODE Page 558 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda COMPARISON OF PUBLIC PARTICIPATION RULES AND SPEAKER TIMES Chula Vista (proposed), County of San Diego, City of San Diego Page 559 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista (proposed)County of SD City of SD Non-Consent Items (action, public hearing, etc.) 2 minutes 2 minutes •if more than 10 speakers, chair may reduce to 1 min 3 minutes •in addition to time ceded by persons present Consent Items 3 minutes for entire group of consent items 2 minutes for entire group of consent items 1 minute per item, up to 3 minutes Non-Agenda Items (general public comment) 2 minutes •20 minutes scheduled near beginning, additional time near end if needed 2 minutes •20 minutes scheduled near beginning, additional time near end if needed 2 minutes •ceding time not allowed •if 8+ speakers on a single issue, maximum time for issue is 16 min Group Presentations 15 minutes for project applicants or appellants on land use and adjudicatory matters Up to 10 minutes for project applicants or appellants on land use matters to make a group presentation of 3 or more people •No more than 4 minutes per person in group 15 minutes or less for groups of 5 or more 8-10 minutes per side for quasi-judicial items •If more than one group is on the same side, time divided Page 560 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista (proposed)County of SD City of SD Visual Presentations Only on land use and adjudicatory matters by the project applicant or appellant •paper handouts from anyone on any item will be accepted, distributed, and added to the record Must bring own computer/tablet and equipment to connect or provide clerk with presentation 24 hours prior to meeting Must come to meeting 30 minutes early and bring visual presentation on thumb drive or email to review and test before meeting Ceding/Yielding Time Not allowed Not allowed Allowed on agenda items, but not on general public comment Timing of Submitting Request to Speak Before close of commenting period for item Before meeting starts (general public comment) or before start of comment for item Before close of commenting period on item Page 561 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chula Vista (proposed)County of SD City of SD Miscellaneous •Mayor has discretion to modify any provisions, subject to right of any Councilmember to appeal to Council •Signs and visuals may be held if they don’t block the view of others or otherwise interfere with conduct of meeting •Adds rules and procedure for disorderly conduct •Chair has discretion to modify time limits and number of speakers •Signs, flags, or other large objects designed to interrupt or disrupt the conduct of meeting are prohibited •Provides rules and procedure for disorderly conduct •Provides procedure for addressing discriminatory or harassing remarks •Council President has discretion to modify time limits and number of speakers •Provides rules and procedure for disorderly conduct Page 562 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda RECOMMENDED ACTION •Staff recommends Council place the proposed ordinance on first reading Staff is available for questions Page 563 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda From: alan mil Sent: Friday, December 1, 2023 8:03 AM Subject: CITY MEETING STOP WATER RATE INCREASE / UNSHELTERED WORKSHOP WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov @CITY CLERK - Please enter entire email (except email addresses) into public record under AGENDA 6. Please verify both PowerPoint attachments received for display during my public speaking in both Agenda 6 and Agenda 8.3 Please enter into public record in Agenda 8.3 PowerPoint "Alan C Agenda 6 Public Comment Dec 5 2023" attachment. COPY TO NEWS MAYORS SANDAG CA STATE REPS NATIONAL CITY COUNCIL CHULA VISTA CITY COUNCIL SD COUNTY SUPERVISORS BCC TO VOTERS PAYING TOO MUCH 5PM TUESDAY DECEMBER 5 CHULA VISTA CITY COUNCIL MEETING Council Chambers - 276 Fourth Avenue PLEASE ATTEND AND SPEAK https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English -------------------------------------- AGENDA 6 PUBLIC COMMENT - STOP WATER RATE INCREASE To Mayor and entire city council, please attend the Water Authority hearing scheduled the day after city hall meeting. TO COUNCIL JOSE PRECIADO: As former water board you have knowledge and influence to protect rate payers; INFLATION HAS BEEN DIFFICULT WILL ALL OUR REPRESENTATIVES EVERY CITY STOP RATE INCREASE? WATER RATE INCREASE HEARING ATTEND IN PERSON OR ZOOM DEC 6 5PM Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 564 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 505 GARRETT AVE CHULA VISTA CA 91910 Proposed rate adjustments: The Governing Water Authority Board is scheduled to vote on proposed rate adjustments at a public hearing on Wednesday, December 6, at 5:00 p.m. https://www.sweetwater.org/455/Agendas-Minutes YOUR CITY NEXT IF YOU DO NOT SPEAK San Diego raised their water rates last month Chula Vista National City bill notice sent out months ago Some will claim that this due to Fallbrook and Rainbow districts voting to leave San Diego Water Authority. This is NOT TRUE, the vote occurred on Nov 7th and has not yet taken affect; San Diego and Chula Vista already planned to raise water rates before the Nov 7 election!. AS IN ANY UTILITY SUCH AS SDGE PROPOSAL RATE INCREASE BASED ON INCOME; THE WATER RATE INCREASE AFFECTS EVERYONE. BUSINESSES HIT WITH UTILITY RATE INCREASE WILL BE FORCED TO INCREASE PRICES ALL PRODUCT. HIGHER PRICES RESULT MORE SALES TAX, EVEN MORE COST TO CONSUMER. EVERY CITY UTILITY WHO NEXT INCREASED RATES? SWEETWATER AUTHORITY WATER RATE HEARING DEC 6 2023 AFFECTING NATIONAL CITY AND CHULA VISTA PRESS RELEASE https://www.waternewsnetwork.com/wp-content/uploads/2023/10/Sweetwater-Authority- Governing-Board-approved-the-2023-Cost-of-Service-Study-rate-adjustments-proposed-to- maintain-water-service-operations.pdf NOV 7 2023 ELECTION RESULT SHOWING FALLBROOK RAINBOW VOTE: https://www.livevoterturnout.com/ENR/sandiegocaenr/16/en/Index_16.html Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 565 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda -------------------------------- AGENDA 8.3 UNSHELTERED WORKSHOP The city keeps building Government Housing that people living in tents with drug abuse can never afford to move in. INSTEAD TAX WASTE "AFFORDABLE HOUSING" THAT NEGLECTS PEOPLE LIVING IN TENTS CANNOT AFFORD, MAXIMIZE HELPING MORE PEOPLE BY PROVIDING SHELTER BEDS, TREATMENT AND A JOB TO STOP HOMELESS CYCLE. https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=60&Tab=attachments Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 566 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ------------------------------------------ BROWN ACT INFRINGEMENT UNREASONABLE TIME Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 567 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda SD COUNTY SUPERVISOR - SANDAG - CHULA VISTA AGENDA 8.2 LIMIT PUBLIC SPEAKER TIME PROPOSAL THREE MINUTES 12 CONSENT ITEMS = 15 SECONDS PER ITEM! https://oag.ca.gov/system/files/media/the-brown-act.pdf The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. Th e body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) 1. CONSENT CALENDAR WAS 5 MINUTES PER ITEM REDUCE TO THREE MINUTES FOR ALL CONSENT ITEMS 2. AGENDA ITEMS WAS FIVE MINUTE REDUCE TO ONLY TWO MINUTES 3. NON AGENDA WAS THREE MINUTE REDUCE TO TWO MINUTES Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 568 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Speaker Time Limits Applicable law, including the Ralph M. Brown Act, allows public entities to place reasonable time, place, and manner restrictions on public comment at their meetings. The proposed changes to speaker time limits aim to strike a balance between the public’s right and need to address their elected officials, while also allowing the City to manage public meetings, complete them reasonably efficiently, and promote an environment that allows all members of the public to engage and be able to offer comments. Proposed changes to speaker time limits include: https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=64&Tab=attachments Consent Calendar. Each speaker will be allowed up to three minutes to speak to any or ALL ITEMS ON THE CONSENT CALENDAR. Discussion of an item, information from staff, or a separate vote on any item by the City Council on the consent calendar do not remove an item from the consent calendar. Agenda Items (Not on the Consent Calendar). Each speaker will be allowed up to two minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. Non-Agenda Items/General Public Comments. Twenty minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council. Each speaker will be allowed up to two minutes. If there are more than 10 speakers, the first 10 will be heard near the beginning of the meeting and the remaining speakers will be heard n ear the conclusion of the meeting. Time Limits for Speakers Who Utilize an Interpreter. To comply with State law and City practice, staff recommends the rules be updated to specify that a member who utilizes an interpreter to provide non-simultaneous English language translation shall receive twice the time otherwise allotted to speak. ------------------------- THE SILENT NEVER GET HEARD Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 569 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ---------- Forwarded message --------- From: City Clerk, City of Chula Vista <cityclerk@chulavistaca.gov> Date: Thu, Nov 30, 2023 at 7:26 PM Subject: City of Chula Vista: Notice of Agenda City Council Meeting Agenda -- December 5, 2023 Dear Subscriber, Meeting Agenda: A City Council agenda has been posted to: www.chulavistaca.gov/councilmeetings HOW TO WATCH: You are invited to participate in this meeting in person, in Council Chambers. In addition, live streaming video is available at www.chulavistaca.gov/councilmeetings. To watch the meeting remotely via live stream, please click the “View Live Stream” link at www.chulavistaca.gov/councilmeetings under Upcoming Meetings. Meetings are also aired on Cox Cable channel 24 (only in Chula Vista). Meetings are available live in English and Spanish. Please watch the video at www.chulavistaca.gov/councilmeetings to learn how to switch languages. Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 570 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda HOW TO SUBMIT ELECTRONIC COMMENTS: Visit ,www.chulavistaca.gov/councilmeetings locate this meeting and click on the comment bubble icon. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sincerely, Office of the City Clerk 276 Fourth Avenue, Chula Vista CityClerk@chulavistaca.gov | (619) 691-5041 www.chulavistaca.gov/cityclerk Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 571 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Subject: Public Participation - Speaking time Limits, Rude Behavior( 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 Hi All, There seems to be several legislative bodies which are proposing to restrict speaking time, and discipline people apparently fairly arbitrarily for rude conduct. We should encourage free speech and the flow of ideas. Frankly, most of these can already discipline rude people and limit speaking time, so I also regard this as intimidation and bullying. Forinstance, limits on addressing an individual Councilmember are ridiculous - that's what they get paid for, and if the make an error, such as being off topic or break the law (it happens,) that should be discussed. I am concerned that if the people are prevented from fairly presenting their ideas, they will take it to the streets. I sent this to one such legislative body, but I think that it is a good experiment in free speech, so am sending this to you. Please do not arbitrarily limit our free speech at meetings. I than extremely grateful to the Board for removing their proposal to restrict free expression from the Dec. 5 agenda. Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 572 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda "I am proposing the following amendment to the San Diego County Board of Supervisors Rules of Procedure. Please let me know whether I need to make a presentation in-person, virtually, or at all. "On October 10, 2023 (00:40:30) a speaker on non-agenda, whose grandbaby was apparently mistreated during a custody fight, was cut off and his daughter was reduced to tears. Also on October 10, 2023 (00:56:01,) a speaker on non-agenda was called 'out of order' which is ridiculous for non-agenda. This sort of thing is happening too often. Speakers seem to be intimidated and the Board's reputation for fairness diminished thereby. "This proposed amendment is an experiment to allow the speakers on non- agenda matters reasonable time to make their speeches, to trust that they will respect the time of others, and to add a tone of civility to this section of the proceedings. "I admire the politeness shown by the Clerk of the Board at the San Diego City Council, whose actions should be your model. "I propose that the Board of Supervisors add to rule 4a(7) (non-agenda): "Non-Agenda Public Communication: Notwithstanding other time limits imposed by the Chairperson or Board, There will be a total of thirty (30) minutes scheduled at the beginning of the Tuesday and Land Use sessions for members of the public to address the Board on any subject matter within the jurisdiction of the Board and which is not an item on the agenda for that session. Each speaker must file with the Clerk a written in-person or online Non-Agenda Public Communication Request to Speak form prior to the scheduled opening time of the session. Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 573 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda "During this time, there shall be 5 in-person and 5 online speakers (or more if time allows) on non-agenda items. "Each speaker shall be allowed to speak for 3 minutes, or longer with the permission of the Chairperson. "Each speaker shall begin his or her remarks by saying briefly how the Supervisors can help them or how this is within the Board's jurisdiction. "After two and one-half (2-1/2) minutes, not interrupting whole sentences if possible, the Clerk shall say 'Excuse me. There are other people waiting to speak. Please respect their time and conclude your remarks. At that time, the speaker may make a request for more time to the Chairperson. The chairperson shall allow or not with a brief reason. "After three (3) minutes, not interrupting whole sentences if possible, the Clerk shall say 'please conclude your remarks. Thank you for your ideas.' "The same procedures shall apply to speakers on non-agenda items at the end of the meeting, except that there shall be no 30 minute limit on how long all the speakers can speak. "Any person filing a Public Communication Request to Speak form after the time deadline established by this subsection shall not be allowed to make a presentation to the Board. All issues raised by a speaker will be automatically referred to the Chief Administrative Officer. No other action may be taken by the Board at this time. Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 574 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda "This version of sub-section a(7) shall become inoperative in three months (90 days) from the implementation of this amendment, unless made permanent, and the previous version of subsection a(7) shall be restored." I believe that this, instead of further restrictions on public speaking, is more likely to produce good results. Thank you. Respectfully, Paul Henkin Written Communications - Henkin Item 8.2 - Received 12/4/23 Page 575 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda From: Ann Viera < Sent: Tuesday, December 5, 2023 8:00 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Re: December 5 2023 city council meeting WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov I support the proposed changes on the agenda tonight 8.2 to amend the MC regarding conduct of public meetings. Public Participation: Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings You don't often get email from Learn why this is important Written Communications - Viera Item 8.2 - Received 12/5/23 Page 576 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda v . 0 03 P a g e | 1 December 5, 2023 ITEM TITLE Policy Discussion: Continuation of October 5 Council Workshop Discussion on Potential Policy Options to Address the Impacts of Unsheltered in Chula Vista Report Number: 23-0298 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action City Council continue discussion of policy options implemented by other jurisdictions in response to the unsheltered crisis. SUMMARY On October 5, 2023 the City Council held a workshop on the state of unsheltered in Chula Vista. Tonight, staff is returning within the sixty day window as directed by City Council, to continue the discussion surrounding four policy areas of: 1) Establish Licensing Process for Outreach Contractors & Hotel/Motel Voucher Use; 2) Adopt Targeted Restrictions on Sitting/Lying/Sleeping on Public Property; 3) Adopt Targeted Regulations for Storing Items on Public Property; and 4) Amend Recreational Vehicle Permit Program to Incorporate a Vehicle Dwelling System. In addition, staff is bringing forward a policy discussion related to abandoned shopping carts. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 577 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION At the October 25, 2023 meeting of the Housing and Homeless Advisory Commission, staff provided an overview of the workshop that was held October 5. DISCUSSION At the Council Workshop on the State of Unsheltered in Chula Vista staff from the Department of Housing & Homeless Services and the Homeless Outreach Team (HOT) provided an overview of the HOT structure, partners, funding, services/programming/tools, and current related laws. With over 786 persons counted unsheltered in September 2023 during the City’s independent count, the City Council directed staff to return for further policy discussion surrounding the following areas: 1. Establish Licensing Process for Outreach Contractors & Hotel/Motel Voucher Use – Example of City of El Cajon was provided. 2. Adopt Targeted Restrictions on Sitting/Lying/Sleeping on Public Property – Examples of other jurisdictions that have adopted were cited from the Cities of San Diego, Poway, Los Angeles, and Sacramento. 3. Adopt Targeted Regulations for Storing Items on Public Property - Example of other jurisdictions that have adopted were cited from transit agencies Caltrans and San Diego Metropolitan Transit System (MTS), as well as the City of Los Angeles. 4. Amend Recreational Vehicle Permit Program to Incorporate a Vehicle Dwelling System - Example of other jurisdictions that have adopted were cited from the City of Los Angeles which has extensive and specific prohibitions on various types of vehicles using roadways. Staff is returning this evening to continue to conversation around these four policy areas as directed on October 5. In addition, staff has recently learned that stores in the Chula Vista area that were once contracting for shopping cart retrieval are no longer and as a result there has been an influx of abandoned carts that have been retrieved by Park Rangers. The Cities of Carson and Glendale have recently adopted laws to hold businesses responsible for abandoned shopping carts. 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 fiscal impact for this item. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for this item. Should Council direct staff to return with a specific policy, an assessment of associated costs will be made at that time. Page 578 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda P a g e | 3 ATTACHMENTS None. Staff Contact: Angelica Davis, Homeless Solutions Manager Sergeant Ernesto Pinedo, Community Policing Unit Stacey Kurz, Director of Housing & Homeless Services Page 579 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 8.3 Policy Discussion on Unsheltered in the City of Chula Vista December 5, 2023 Page 580 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda HOT Team Composition Data & Demographics Federal & Local Law Funding Recap from October 5th Workshop chulavistaca.gov/homeless Local Outreach, Efforts, Tools & Clean-up Permanent Housing Regional Efforts Page 581 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Potential Policy Options | Staff Recommendations Consider Adoption of Municipal Code Provisions: 1)Establish Regulations for Services Providers and Voucher Use Licensing 2)Adopt Targeted Restrictions on Sitting/Lying/Sleeping 3)Adopt Targeted Regulations for Storing Items 4)Establish Regulations for Vehicle Dwelling 5)Adopt Regulations on Shopping Carts * Page 582 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Policy is not the solution, but it can help mitigate community impacts. Road to Self-Sufficiency & Permanent Housing •Prevention •Life Skills | Financial Literacy •Mental Health Services •Substance Abuse Services •Transitional & Permanent Housing Page 583 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Continue providing existing Services •Weekly Outreach and Follow-Up •Housing Programs •Shelter Operations •Operation Pride Addressing Gaps •Permanent Supportive •Job Training Programs •Regional Partnerships MOU for services Imperial Beach Shelter Beds Joint grant applications CA Encampment Resolution Funding Program –Round 3 Due 1/31/24 •Safe Parking Lot Updates Page 584 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Community Impact: Top Issues Encampments •Illegal Activity •Proximity to Sensitive Receptors •Amenities (e.g. schools, parks) •Environmental Habitats (e.g. waterways) •Trash and Debris •Shopping Carts •Addressing Hot Spots (e.g. Palomar/Harborside area) Habitation in Vehicles (including Recreational) Page 585 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Community Impact: Top Issues (continued) Other City Resources •Calls for Service •Code Enforcement •Maintenance and Graffiti Unsheltered Placement in Chula Vista Page 586 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 1)Hotel/Motel and Service Providers Current Local Regulations •Permit to Operate (CVMC Chapter 5.39) Other Jurisdictions •Requirements for hotel & service providers (El Cajon) Staff Recommendation •Regulation of service providers Page 587 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Regulate Service Providers that operate in Chula Vista •Require permit to operate •Require general information about operations and where they place individuals in the City •Require provider to bring individual to placement location •Require a discharge and transportation plan to prevent homelessness •Require background check and report to ECPD 48 hours before placing individual with certain sex and arson offenses •Require reporting to City on placements/outcomes/etc. 1)Hotel/Motel and Service Providers Recommended Options Page 588 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 2) Obstruction of Public Property Current Local Regulations •None existing Other Jurisdictions •Unsafe Camping & Sensitive Uses (San Diego) •Encampment Ban (Poway) •Time, place, and manner restrictions (Los Angeles & Sacramento) Staff Recommendation •Time, place, and manner restrictions Page 589 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda A. General Prohibitions: No obstruction of street, sidewalk, or other public ROW by sitting, lying, or sleeping (or storing/using/placing personal property): a)In a manner that impedes ADA access b)Within 10 feet of any driveway or loading docs c)Within 5 feet of any building entrance or exit d)Within 5 feet of any fire hydrant, fire plug, etc. e)In a manner that obstructs or interferes with activity for which City has issued a permit f)In a manner that obstructs path for motor vehicles or bicycles 2) Obstruction of Public Property: Recommended Options Page 590 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda B. Designated Sensitive Uses:Prohibit sitting, sleeping, or lying (or placing personal property) within distance of certain locations designated by Council resolution: a)Schools, day care centers, public park and public library b)Overpass, underpass, freeway ramp, tunnel, bridge, pedestrian bridge, or wash designated as a health and safety risk c)Facilities that provide shelter, safe sleeping, or safe parking to homeless persons or that provide homeless services d)High fire-risk areas e)Environmentally sensitive habitat areas f)Places that pose a particular and ongoing threat to public health or safety 2) Obstruction of Public Property: Recommended Options (continued) Page 591 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 3) Removing Personal Belongings Local Policy •Encampments -72 hr Notice •Abandoned Property -24 hr Notice Options •Continue with standard noticing, but identify high-risk areas where less notice may be appropriate Page 592 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 4) RV Parking and Vehicle Dwelling Current Local Regulations •Recreational Vehicle Ordinance (CVMC 10.52.495) Other Jurisdictions •Permit system to limit concentration and location of vehicle dwelling (Los Angeles) Staff Recommendation •Establish vehicle dwelling regulations Page 593 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 4) RV Parking and Vehicle Dwelling Recommended Options Permit system for vehicle dwelling on public streets: •Permit application provides service information •Limits vehicle dwelling locations •Limits vehicle dwelling concentration •Allows enforcement for safety or hazards Provide safe parking lots for operational vehicles (in future) Page 594 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 5) Abandoned Shopping Carts* Current Local Regulations •None (however, state law applies) Other Jurisdictions •Require business owners to place identification signs on carts and adopt an abandoned shopping cart prevention program (Carson and Glendale) Staff Recommendation •Require identification signs and abandoned shopping cart prevention program Page 595 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 5) Abandoned Shopping Carts* Recommended Options Regulations for Shopping Cart Owners: •Require shopping cart owners to affix signs on their shopping carts that comply with Business & Profession Code requirements •Require shopping cart owners to post a sign near customer entrances and exits that states removal of shopping carts is prohibited •Require shopping cart owners to establish abandoned shopping cart prevent program •Authorize enforcement procedures pursuant to the Business and Professions Code and establish administrative fees for costs of removal and storage of abandoned carts Page 596 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Potential Policy Options & Timelines Item of Consideration Stakeholders Actions to be Taken Completion Timeframe 1) Establish Regulations for Services Providers and Voucher Use Service Providers Hoteliers Finance, DSD, Housing •Outreach, design permit system and draft ordinance, and present to Council 3 -4 Months 2) Adopt Targeted Restrictions on Sitting/Lying/Sleeping on Public Property General Public PD, DSD, Public Works County of San Diego, Caltrans, MTS •Coordination with agencies & consideration of a MOU, outreach, identification of sensitive areas and policies, draft ordinance and resolution, present to Council, obtain and install signage 6 -8 Months 3) Adopt Targeted Regulations for Removal of Personal Belongings on Public Property General Public PD, DSD, Public Works •Outreach, obtain & install signage, procure storage, draft ordinance or resolution language, present to Council Variable 4) Establish Regulations for Vehicle Dwelling General Public PD, DSD, Housing •Outreach, design permit system and draft ordinance, present to Council 3 -8 Months 5) Adopt Regulations on Shopping Carts*Businesses DSD, Finance, Public Works •Outreach, design regulation system and draft ordinance, present to Council 4 -5 Months Page 597 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES QUESTIONS Page 598 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Impacts of Hotel/Motel Vouchers JAN. 2020 RTFH PITC AUG.2021 City PITC JAN. 2022 RTFH PITC JAN.2023 RTFH PITC SEPT. 2023 City PITC Sheltered (Emergency)101 120 103 122 132 Unsheltered 212 372 206 318 510 Unsheltered (County Hotel Vouchers)Not counted 300 Not counted Not counted 144 Total 313 782 309 440 786 Page 599 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Operation Pride Clean-Up Efforts 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 2016 2017 2018 2019 2020 2021 2022 2023 50,000 127,905 176,580 219,672 270,673 1,135,140 731,273 786,920 Annual Pounds of Trash & Debris Collected Since 2016 Operation Pride activities have collected 3,498,163 pounds of trash and 11,900 shopping carts from public right-of-way 0 500 1000 1500 2000 2500 2016 2017 2018 2019 2020 2021 2022 2023 Annual Abandoned Shopping Carts Collected Page 600 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Transient-Related Dispatch Calls for Service Page 601 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Transient-Related Dispatch Calls for Service Page 602 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Recreational Vehicle Parking Permits 1,309 1,549 1,452 1,150 1,200 1,250 1,300 1,350 1,400 1,450 1,500 1,550 1,600 2021 2022 2023 4,310 Permits Issued Since 1/1/21 Page 603 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda From: alan mil Sent: Friday, December 1, 2023 8:03 AM Subject: CITY MEETING STOP WATER RATE INCREASE / UNSHELTERED WORKSHOP WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov @CITY CLERK - Please enter entire email (except email addresses) into public record under AGENDA 6. Please verify both PowerPoint attachments received for display during my public speaking in both Agenda 6 and Agenda 8.3 Please enter into public record in Agenda 8.3 PowerPoint "Alan C Agenda 6 Public Comment Dec 5 2023" attachment. COPY TO NEWS MAYORS SANDAG CA STATE REPS NATIONAL CITY COUNCIL CHULA VISTA CITY COUNCIL SD COUNTY SUPERVISORS BCC TO VOTERS PAYING TOO MUCH 5PM TUESDAY DECEMBER 5 CHULA VISTA CITY COUNCIL MEETING Council Chambers - 276 Fourth Avenue PLEASE ATTEND AND SPEAK https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English -------------------------------------- AGENDA 6 PUBLIC COMMENT - STOP WATER RATE INCREASE To Mayor and entire city council, please attend the Water Authority hearing scheduled the day after city hall meeting. TO COUNCIL JOSE PRECIADO: As former water board you have knowledge and influence to protect rate payers; INFLATION HAS BEEN DIFFICULT WILL ALL OUR REPRESENTATIVES EVERY CITY STOP RATE INCREASE? WATER RATE INCREASE HEARING ATTEND IN PERSON OR ZOOM DEC 6 5PM Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 604 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda 505 GARRETT AVE CHULA VISTA CA 91910 Proposed rate adjustments: The Governing Water Authority Board is scheduled to vote on proposed rate adjustments at a public hearing on Wednesday, December 6, at 5:00 p.m. https://www.sweetwater.org/455/Agendas-Minutes YOUR CITY NEXT IF YOU DO NOT SPEAK San Diego raised their water rates last month Chula Vista National City bill notice sent out months ago Some will claim that this due to Fallbrook and Rainbow districts voting to leave San Diego Water Authority. This is NOT TRUE, the vote occurred on Nov 7th and has not yet taken affect; San Diego and Chula Vista already planned to raise water rates before the Nov 7 election!. AS IN ANY UTILITY SUCH AS SDGE PROPOSAL RATE INCREASE BASED ON INCOME; THE WATER RATE INCREASE AFFECTS EVERYONE. BUSINESSES HIT WITH UTILITY RATE INCREASE WILL BE FORCED TO INCREASE PRICES ALL PRODUCT. HIGHER PRICES RESULT MORE SALES TAX, EVEN MORE COST TO CONSUMER. EVERY CITY UTILITY WHO NEXT INCREASED RATES? SWEETWATER AUTHORITY WATER RATE HEARING DEC 6 2023 AFFECTING NATIONAL CITY AND CHULA VISTA PRESS RELEASE https://www.waternewsnetwork.com/wp-content/uploads/2023/10/Sweetwater-Authority- Governing-Board-approved-the-2023-Cost-of-Service-Study-rate-adjustments-proposed-to- maintain-water-service-operations.pdf NOV 7 2023 ELECTION RESULT SHOWING FALLBROOK RAINBOW VOTE: https://www.livevoterturnout.com/ENR/sandiegocaenr/16/en/Index_16.html Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 605 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda -------------------------------- AGENDA 8.3 UNSHELTERED WORKSHOP The city keeps building Government Housing that people living in tents with drug abuse can never afford to move in. INSTEAD TAX WASTE "AFFORDABLE HOUSING" THAT NEGLECTS PEOPLE LIVING IN TENTS CANNOT AFFORD, MAXIMIZE HELPING MORE PEOPLE BY PROVIDING SHELTER BEDS, TREATMENT AND A JOB TO STOP HOMELESS CYCLE. https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=60&Tab=attachments Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 606 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ------------------------------------------ BROWN ACT INFRINGEMENT UNREASONABLE TIME Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 607 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda SD COUNTY SUPERVISOR - SANDAG - CHULA VISTA AGENDA 8.2 LIMIT PUBLIC SPEAKER TIME PROPOSAL THREE MINUTES 12 CONSENT ITEMS = 15 SECONDS PER ITEM! https://oag.ca.gov/system/files/media/the-brown-act.pdf The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. Th e body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) 1. CONSENT CALENDAR WAS 5 MINUTES PER ITEM REDUCE TO THREE MINUTES FOR ALL CONSENT ITEMS 2. AGENDA ITEMS WAS FIVE MINUTE REDUCE TO ONLY TWO MINUTES 3. NON AGENDA WAS THREE MINUTE REDUCE TO TWO MINUTES Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 608 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Speaker Time Limits Applicable law, including the Ralph M. Brown Act, allows public entities to place reasonable time, place, and manner restrictions on public comment at their meetings. The proposed changes to speaker time limits aim to strike a balance between the public’s right and need to address their elected officials, while also allowing the City to manage public meetings, complete them reasonably efficiently, and promote an environment that allows all members of the public to engage and be able to offer comments. Proposed changes to speaker time limits include: https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=64&Tab=attachments Consent Calendar. Each speaker will be allowed up to three minutes to speak to any or ALL ITEMS ON THE CONSENT CALENDAR. Discussion of an item, information from staff, or a separate vote on any item by the City Council on the consent calendar do not remove an item from the consent calendar. Agenda Items (Not on the Consent Calendar). Each speaker will be allowed up to two minutes to address the Council concerning the agenda item. Members of the public do not have the right to comment outside the scope of or unrelated to the agenda item under consideration. Non-Agenda Items/General Public Comments. Twenty minutes will be scheduled near the beginning of the meeting under Public Comments for members of the public to address the City Council on items of interest to the public that are not on the agenda but are within the jurisdiction of the City Council. Each speaker will be allowed up to two minutes. If there are more than 10 speakers, the first 10 will be heard near the beginning of the meeting and the remaining speakers will be heard n ear the conclusion of the meeting. Time Limits for Speakers Who Utilize an Interpreter. To comply with State law and City practice, staff recommends the rules be updated to specify that a member who utilizes an interpreter to provide non-simultaneous English language translation shall receive twice the time otherwise allotted to speak. ------------------------- THE SILENT NEVER GET HEARD Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 609 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda ---------- Forwarded message --------- From: City Clerk, City of Chula Vista <cityclerk@chulavistaca.gov> Date: Thu, Nov 30, 2023 at 7:26 PM Subject: City of Chula Vista: Notice of Agenda City Council Meeting Agenda -- December 5, 2023 Dear Subscriber, Meeting Agenda: A City Council agenda has been posted to: www.chulavistaca.gov/councilmeetings HOW TO WATCH: You are invited to participate in this meeting in person, in Council Chambers. In addition, live streaming video is available at www.chulavistaca.gov/councilmeetings. To watch the meeting remotely via live stream, please click the “View Live Stream” link at www.chulavistaca.gov/councilmeetings under Upcoming Meetings. Meetings are also aired on Cox Cable channel 24 (only in Chula Vista). Meetings are available live in English and Spanish. Please watch the video at www.chulavistaca.gov/councilmeetings to learn how to switch languages. Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 610 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda HOW TO SUBMIT ELECTRONIC COMMENTS: Visit ,www.chulavistaca.gov/councilmeetings locate this meeting and click on the comment bubble icon. eComments can be submitted when the agenda is published and until the conclusion of public comments for the agenda item. eComments can be viewed by the City Council and members of the public as they are submitted. ACCESSIBILITY: Individuals with disabilities or special needs are invited to request modifications or accommodations to access and/or participate in a City meeting by contacting the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041 (California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Sincerely, Office of the City Clerk 276 Fourth Avenue, Chula Vista CityClerk@chulavistaca.gov | (619) 691-5041 www.chulavistaca.gov/cityclerk Written Communications - Curry Items 6, 8.2, and 8.3 - Received 12/1/23 Page 611 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 612 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 613 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 614 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 615 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 616 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 617 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 618 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 619 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 620 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 621 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 622 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 623 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 624 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 625 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 626 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 627 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 628 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 629 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 630 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 631 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Page 632 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda From: alan mil < Sent: Tuesday, December 5, 2023 9:08 AM Subject: CHULA VISTA SANDAG VOTE - COUNCIL ANDREA CARDENAS CONFLICT MONEY LAUNDER DA CHARGES WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov @ City Clerk - Please add entire email (except email adresses) including links and JPG into public record under MAYOR REPORT AGENDA 10.1 COPY TO NEWS MAYORS SANDAG SD SUPERVISORS CHULA CISTA COUNCIL STATE AND FEDERAL REPS BCC TO CONSTITUENTS 5PM TUESDAY DECEMBER 5 CHULA VISTA CITY COUNCIL MEETING Council Chambers - 276 Fourth Avenue PLEASE ATTEND AND SPEAK AGENDA 10.1 SANGAG REP APPOINTMENT https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=7aa0b259-c18a-4691-9575- 74bdc72cffaf&Agenda=Agenda&lang=English&Item=22&Tab=attachments 10.1 Annual Appointment of City Councilmembers to Outside Agencies San Diego Association of Governments (SANDAG) Board of Directors - Member San Diego Association of Governments (SANDAG) Board of Directors - 1st Alternate San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate THE SANDAG WEIGHTED VOTE SANDAG has city Reps that are not mayors. Only Mayors voted by ENTIRE population of each city should be the representative at SANDAG as the weighted vote which is based on population of each city. https://voiceofsandiego.org/2023/01/10/smaller-cities-ask-sandag-board-heavy-hitters-to-set- aside-weighted-vote-practice/ STOP SANDAG MILEAGE TAX Written Communications - Curry Item 10.1 - Received 12/5/23 Page 633 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Chair Vargas of SANDAG also Rep of San Diego Air Pollution Board (APCD) direct communication to California Air Resources Board (CARB) to implement a mileage tax renamed to "Road use Charge" bypass vote of people.. https://www.sdapcd.org/content/sdapcd/about/district-boards/governing-board.html BYPASS VOTE OF PEOPLE TO IMPLEMENT ROAD USE CHARGE https://www.kusi.com/sandag-chair-nora-vargas-misleads-san-diego-calls-mileage-tax-a-road- user-charge/ PDF Letters To Carb TO KEEP MILEAGE TAX from Vargas and Ikrahata: https://voiceofsandiego.org/2022/08/31/mayor-gloria-promised-to-kill-sandags-driving-fee- sandag-now-says-it-wont/ CONFLICT OF INTEREST ANDREA CARDENAS CANNOT REP SANDAG FINANCE VOTES Council Andrea Cardenas that has been charged for Money Laudering of Covid PPP Funds MUST EXCUSE FROM ANY VOTE INVIOLVING FINANCES. The DA charge complaint (duture court hearing) of PPP funds our tax dollars were used from Cardenas Grassroot organization fundeded Council Andrea Cardenas Election, The Cardenas Grassroot organization also assisted Council Jose Preciado and Council Carolina Chavez elections. BUSINESS FORCED COVID CLOSED YET TAX NEVER STOPPED. GOVERNMENT THEN TOOK TAX FROM BUSINESS SHUTTERED THEN DECIDED WHO GETS PPP FUNDS! Andrea Cardenas CHARGED MONEY LAUNDERING https://voiceofsandiego.org/2023/11/04/politics-report-how-big-will-the-cardenas-fallout-be/ SAN DIEGO DISTRICT ATTORNEY CHARGE CLAIM https://voiceofsandiego.org/wp-content/uploads/2023/11/DAclaimscardenas.pdf DA CHARGE CARDENAS SIBLINGS CONSPIRACY TO DEFRAUD BY FALSE PRETENSE On or during the month of February 2021, Jesus Cardenas misrepresented that his business, Grassroots Resources, had 34 employees on an application that he submitted to PayPal for a loan under the Paycheck Protection Program. Andrea Cardenas supplied the Grassroots Resources business license and payroll calculation data for Harbor Collective, purporting to be payroll calculation data for Grassroots Resources, for the PPP loan application. https://www.thestarnews.com/chula-vista-councilwoman-indicted/ https://www.sandiegouniontribune.com/news/watchdog/story/2023-11-05/criminal-charges-roil-chula- vista-primary-election-democratic-party-endorsements-and-fundraising CLAIM 34 EMPLOYEES FROM CANNIBAS DISPENSARY https://www.eastcountymagazine.org/fraud-charges-chula-vista-council-member-and-her-brother-ex- aide-stephan-whitburn Written Communications - Curry Item 10.1 - Received 12/5/23 Page 634 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda https://voiceofsandiego.org/2022/08/08/already-a-mess-chula-vistas-capricious-cannabis-permit- process-scrambled-even-more-by-court-ruling/ https://gvwire.com/2023/11/02/chula-vista-councilwoman-and-brother-face-fraud-charges-over- misuse-of-ppp-loan/ Chula Vista Cannabis Regulations https://www.chulavistaca.gov/home/showpublisheddocument/18432/637616827548500000 Elections Probe Cardenas Siblings Languished More Than Year https://www.sandiegouniontribune.com/news/watchdog/story/2022-09-17/chula-vista-andrea- cardenas-campaign-complaint District Attorney Summer Stephan filed criminal charges Wednesday against Jesus Cardenas, the former chief of staff to San Diego Councilmember Stephen Whitburn, and his sister, Andrea Cardenas, a sitting member of the Chula Vista City Council. According to prosecutors, both siblings have been charged with multiple felonies related to some $176,000 in federal COVID-19 relief funds provided to Grassroots Resources, the political consulting firm Jesus Cardenas founded. “The defendants have both been charged with conspiracy to defraud by false pretense, grand theft, conspiracy to commit money laundering, money laundering (and) failure to file tax returns,” the District Attorney’s Office said. “The investigation was conducted by the D.A.’s public integrity unit with assistance from the Department of Homeland Security Office of Inspector General, Covid Fraud Unit,” the news release said. Both Jesus Cardenas, 40, and Andrea Cardenas, 31, are scheduled to be arraigned in San Diego Superior Court next Thursday. Neither responded to requests for comment on Wednesday. If convicted of all charges, Andrea Cardenas faces up to five years and eight months in state prison. In addition to five criminal counts she faces with her brother, she faces two additional counts of failing to file tax returns. Jesus Cardenas could receive up to four years and four months in custody if convicted of all charges. Grassroots Resources, which started as a consulting business working to get cannabis companies licensed, was the firm that prompted Jesus Cardenas to resign from his San Diego City Hall job earlier this year. The company not only helped Whitburn and Andrea win their respective city council seats in 2020, it also was a key adviser to Nora Vargas, who won election to the San Diego County Board of Supervisors that same year. Andrea Cardenas, who was elected in 2020 with her brother’s help and guidance, is up for re-election in March. It was not immediately clear if she plans to continue her campaign, nor how the charges brought against her may impact her current term in office. The Chula Vista charter lists several reasons for when a vacancy occurs on the City Council, including when a member is convicted of a felony or crime involving moral turpitude, resigns from office, is removed by judicial procedure or other state law proceeding, or no longer meets the qualifications necessary to hold the position. Last year, council members debated whether felony charges — not just a conviction — should be grounds for removal from office via a City Council vote. They ultimately decided to forgo that provision in a list of Charter amendments that voters approved in 2022. Mayor John McCann did not respond to a request for comment. Deputy Mayor Jose Preciado said he was “saddened to hear this news” and that he was unsure what the criminal allegations his colleague faces mean for the council. Christine Brady is, so far, the only District 4 challenger this March primary. She said it was too soon to say whether she believed the councilmember should suspend her re-election campaign but thought the allegations “looked really bad for her.” Read the complaint Nov. 1, 2023 The six-page complaint lays out a months-long fraud it alleges both Jesus Cardenas and Andrea Cardenas perpetrated in the first half of 2021, when both were public officials. At the time, Jesus Cardenas was Whitburn’s chief of staff, a position that generally calls for managing the day-to-day responsibilities of the district office and helping to set policy for the elected official. He resigned from San Written Communications - Curry Item 10.1 - Received 12/5/23 Page 635 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Diego City Hall in April — eight months after The San Diego Union-Tribune first reported that he was running a political consulting firm at the same time he was being paid some $10,000 a month as Whitburn’s top adviser. The District 3 council representative, who had previously defended Jesus Cardenas, issued a statement Wednesday night acknowledging that he accepted his longtime chief of staff’s resignation after the loan was reported this spring. “He has not been employed at the city since and there has been no further professional or political association,” the statement said. Andrea Cardenas at the time of the alleged crimes was — and remains — an elected member of the Chula Vista City Council. According to the seven-count complaint filed Wednesday, both Cardenases conspired to defraud the federal government of COVID-19 relief funds made available to private businesses under what was called the Paycheck Protection Program. The charges also accuse the siblings of conspiring with “another person or persons whose identity is unknown” to prosecutors. Investigators said Jesus Cardenas and Andrea Cardenas knowingly fraudulently obtained $176,227 by representing that Grassroots Resources had 34 employees. Instead, those employees worked for a San Diego cannabis dispensary. “The employees listed in the supporting documentation in fact were employees of Harbor Collective, a business engaged in the sale of marijuana, a federally illegal activity,” the charges state. The PPP loan received by Grassroots Resources was first disclosed by La Prensa San Diego, the bilingual news organization. It reported that the 34 workers Cardenas cited in its application in reality worked for the San Diego dispensary. In an interview with the Union-Tribune that same week, Cardenas said the La Prensa report was wrong and he would be requesting a formal correction. He supplied some worker documentation, but the material did not prove the employees were on his payroll. “The PPP loan was requested and used to cover Grassroots Resources employees in their various responsibilities associated with other clients unrelated to Harbor,” Cardenas said at the time. Once the Cardenases received the federal relief money, they diverted tens of thousands of dollars to credit-card payments, a Venmo account and personal checking accounts, the complaint asserts. More specifically, Jesus Cardenas used the proceeds to make two payments to American Express totaling $21,010, the complaint states. Andrea Cardenas directed $35,000 of the funds to her personal checking account, then steered $33,500 of that to her council campaign account, prosecutors said. “On May 17, 2021, Andrea Cardenas’ campaign wrote a check (check 8064) from her campaign account ending 7401 to TMC Direct in the amount of 34,166.89,” the complaint states. TMC Direct is a campaign print and mailing firm that has done hundreds of thousands of dollars in business with candidates represented by Jesus Cardenas. The company was at the center of a series of likely campaign violations by Andrea Cardenas during her council campaign. The print and mailing firm is a “participating member” of Political Strategies Inc., a San Diego company whose founding members include Grassroots Resources. Andrea Cardenas has represented herself in public documents as both an employee of Grassroots Resources and as an independent contractor for the firm. On her state Form 700, she listed herself as a Grassroots Resources employee. In an email seeking a public contract obtained and published by La Prensa San Diego, she told a prospective client that she was an independent contractor. Grassroots Resources, meanwhile, was suspended by the California Franchise Tax Board early last year for failing to submit required paperwork. But state campaign records filed by the San Diego County Democratic Party show that despite the suspension, Grassroots Resources continued to raise and spend political contributions even after the company was prohibited from doing business. By late February, under increasing public scrutiny and pressure from his boss, San Diego Councilmember Whitburn, Jesus Cardenas told the Union-Tribune he would shutter Grassroots Resources. https://www.msn.com/en-us/news/nextdoor/district-attorney-summer-stephan-filed-criminal-charges- wednesday-against-jesus-cardenas-the-former-chief-of-staff-to-san-diego-councilmember-stephen- whitburn-and-his-sister-andrea-cardenas-a-sitting-member-of-the-chula-vista-city-council/ar- NDAGmPsJTYRrSQ3 Written Communications - Curry Item 10.1 - Received 12/5/23 Page 636 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda Written Communications - Curry Item 10.1 - Received 12/5/23 Page 637 of 637 City of Chula Vista - City Council December 5, 2023 Post Agenda