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HomeMy WebLinkAbout2024/01/16 Post Agenda Packet Date:Tuesday, January 16, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL AND SPECIAL SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY MEETING Notice is hereby given that the Mayor has called and will convene a special meeting of the Successor Agency to the Redevelopment Agency meeting jointly with the City Council at the time and location stated on this agenda. Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ **Item 8.1 will be heard at a time certain of 6:00 p.m.** 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 Presiding Officer. - 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 January 16, 2024 Post Agenda Page 2 of 297 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 OATHS OF OFFICE: Privacy Protection and Technology Advisory Commission - Marlano Batson - Adolfo Gonzalez Veterans Advisory Commission - Anthony Stewart 5.CONSENT CALENDAR (Items 5.1 through 5.3) Consent Calendar items are considered together and acted upon by one motion. There is no separate discussion of the items unless a Councilmember, staff, or the public requests an item be removed for separate consideration. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 6 RECOMMENDED ACTION: Approve the minutes dated: January 9, 2024 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 Easement: Grant an Easement to the San Diego Unified Port District for Bicycle, Public Access, and Pedestrian Purposes to Facilitate the Development of the Sweetwater Bicycle Path and Pedestrian Promenade 17 Report Number: 23-0302 Location: A vacant parcel west of Marina Parkway and south of the western terminus of Lagoon Drive Department: Economic Development G.C. § 84308: No Environmental Notice: The Project was adequately covered in a previously certified Final Environmental Impact Report UPD#83356-EIR-658; SCH No. 2005081077 for the Chula Vista Bayfront Master Plan. City of Chula Vista - City Council January 16, 2024 Post Agenda Page 3 of 297 RECOMMENDED ACTION: Successor Agency to the Redevelopment Agency of the City of Chula Vista adopt a resolution granting an exclusive easement to the San Diego Unified Port District for bicycle, public access, and pedestrian purposes to facilitate the development of the Sweetwater Bicycle Path and Pedestrian Promenade project. 6.PUBLIC COMMENTS 38 The public may address the Council on any matter within the jurisdiction of the Council but not on the agenda. 7.PUBLIC HEARINGS 7.1 Planning Commission Appeal: Conditional Use Permit to Install a New 45-Foot Freestanding Wireless Telecommunication Facility on a 2.09-acre Parcel Improved with an Existing Church 47 Report Number: 24-0027 Location: 430 Second Avenue Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project (as defined below) qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (“CEQA”) State Guidelines. RECOMMENDED ACTION: Adopt a resolution denying the appeal and affirming the Planning Commission’s decision to approve Conditional Use Permit, CUP22-0052, to install a new 45-foot freestanding wireless telecommunication facility at 430 Second Avenue. 8.ACTION ITEMS **ITEM 8.1 WILL BE HEARD AT A TIME CERTAIN OF 6:00 P.M.** 8.1 Homelessness: Receive a Report on the Impact of Unhoused People in the Area of Industrial Boulevard 183 Location: Industrial Boulevard Department: City Manager 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: Receive the report from City staff on the impact of unhoused people in the Industrial Boulevard area and provide direction to staff as appropriate. City of Chula Vista - City Council January 16, 2024 Post Agenda Page 4 of 297 8.2 Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff 236 (Item continued from 1/9/2024 City Council meeting) Report Number: 24-0028 Location: No specific geographic location Department: City Manager G.C. § 84308: Yes 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: Staff requests that Council take a formal vote to provide direction to staff to proceed with Welcoming City recertification. 9.CITY MANAGER’S REPORTS 10.MAYOR’S REPORTS 11.COUNCILMEMBERS’ COMMENTS 12.CITY ATTORNEY'S REPORTS 13.ADJOURNMENT to the special joint City Council and Southwestern College Governing Board meeting on January 22, 2024, at 6:00 p.m. at Southwestern College; and then to the regular City Council meeting on January 23, 2024, 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 January 16, 2024 Post Agenda Page 5 of 297 City of Chula Vista Regular City Council Meeting MINUTES January 9, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: Assistant City Manager Allen; 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 5:02 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Mayor Gonzalez 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office: Board of Ethics - Leslie Hurst Privacy Protection and Technology Advisory Commission - Guy Chambers - Robert Godinez - Susan Lake - Pati Ruiz - Devon Williams - Eric Wood City Clerk Bigelow administered the oaths of office, and Councilmember Chavez presented the certificates of appointment. Page 6 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 2 5. CONSENT CALENDAR (Items 5.1 through 5.12) Items 5.3, 5.6, 5.8 5.9, 5.10, and 5.12 were removed from the consent calendar at the request of a member of the public. Mayor McCann stated he would abstain from voting on Item 5.5 due to a potential property-related conflict of interest. Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To approve the recommended actions appearing below consent calendar Items 5.1, 5.2, 5.4, 5.7, and 5.11. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: December 12, 2023. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.4 Employee Compensation and Positions: Adopt an Ordinance Adding the Unclassified Position Title of Animal Care Facility Administrator Adopt an ordinance amending Chula Vista Municipal Code Section 2.05.010 adding the unclassified position of Animal Care Facility Administrator (Second Reading and Adoption) (4/5 Vote Required) Item 5.4 heading: ORDINANCE NO. 3562 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 ADDING THE UNCLASSIFIED POSITION TITLE OF ANIMAL CARE FACILITY ADMINISTRATOR (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) 5.5 Agreement: Approve an Agreement with Raymond James & Associates, Inc. to Provide Underwriter Services Mayor McCann stated he would abstain from voting on the item due to a potential property-related conflict of interest. Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-001 heading read, text waived. The motion was carried by the following vote: Page 7 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 3 Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado Abstain (1): Mayor McCann Result, Carried (4 to 0) Item 5.5 heading: RESOLUTION NO. 2024-001 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR UNDERWRITER SERVICES BETWEEN THE CITY AND RAYMOND JAMES & ASSOCIATES, INC. 5.7 Ambulance Transport Services: Approve Continued Participation in the Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Adopt a resolution authorizing the City Manager to execute the PP-GEMT-IGT certification form to participate in the Public Provider Intergovernmental Transfer Program for Ground Emergency Medical Transportation Services and amending the Fiscal Year 2023-24 budget. (4/5 Vote Required) Item 5.7 heading: RESOLUTION NO. 2024-003 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING PARTICIPATION IN THE PUBLIC PROVIDER GROUND EMERGENCY MEDICAL TRANSPORTATION INTERGOVERNMENTAL TRANSFER PROGRAM AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) 5.11 Grant Award and Appropriation: Accept the Roy and Marian Holleman Foundation Grant to Renew Animal Care Resources and Appropriate Funds Adopt a resolution accepting $33,200 in grant funds from the Roy and Marian Holleman Foundation to provide animal care improvements at the Animal Care Facility and provide community resources aimed to prevent surrender and appropriating funds for that purpose. (4/5 Vote Required) Item 5.11 heading: RESOLUTION NO. 2024-008 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM THE ROY AND MARIAN HOLLEMAN FOUNDATION FOR SHELTER RESOURCES AND APPROPRIATING GRANT FUNDS (4/5 VOTE REQUIRED) ITEMS REMOVED FROM THE CONSENT CALENDAR 5.3 Public Participation: Adopt an Ordinance to Amend the Chula Vista Municipal Code to Revise and Implement Regulations for the Orderly Conduct of Public Meetings The following members of the public spoke in opposition to the item:  Alan C.  Andres Wong  Gina E. Page 8 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 4  Lillie  Joanne Fischer  Cindy D.  Leticia Lares  Sandra Hodge  Carolina Ramirez  Delia Dominguez Cervantes  John Acosta  Delfina Gonzalez  Robert Johnson  Eli Komai Robert Johnson submitted written comments. The meeting was recessed at 5:39 p.m. and resumed at 6:04 PM. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Ordinance No. 3561, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado No (1): Mayor McCann Result, Carried (4 to 1) Item 5.3 heading: ORDINANCE NO. 3561 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 (SECOND READING AND ADOPTION) 5.6 Agreement: Approve an Agreement with Spicer Consulting Group, LLC to Provide Special Tax Consultant and Other Administration Services John Acosta, Chula Vista resident, spoke regarding the item. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-002, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Page 9 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 5 Item 5.6 heading: RESOLUTION NO. 2024-002 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT FOR SPECIAL TAX CONSULTANT SERVICES BETWEEN THE CITY AND SPICER CONSULTING GROUP, LLC. 5.8 Agreement: Approve an Agreement with Soundskilz Inc. to Provide Event Planning Coordination Services for City Events The following members of the public spoke in opposition to the item:  Alan C.  John Acosta, Chula Vista resident Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2024-004, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.8 heading: RESOLUTION NO. 2024-004 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND SOUNDSKILZ, INC. 5.9 Purchase Agreement: Approve the Purchase of Police Vehicles from Sedano Ford and Bob Stall Chevrolet John Acosta, Chula Vista resident, spoke in opposition to the item. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution Nos. 2024-005 and 2024-006, the headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.9 headings: A) RESOLUTION NO. 2024-005 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AUTHORIZING THE PURCHASE OF UP TO TWENTY-FIVE FORD INTERCEPTOR UTILITY HYBRID VEHICLES FROM SEDANO FORD B) RESOLUTION NO. 2024-006 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE BID AND AUTHORIZING THE PURCHASE OF Page 10 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 6 TEN CHEVROLET BLAZER 9C1 POLICE PACKAGE VEHICLES FROM BOB STALL CHEVROLET 5.10 Ratification of Appointment: City Manager’s Appointment of the Director of Human Resources/Risk Management – Tanya Tomlinson Moved by Councilmember Preciado Seconded by Mayor McCann To adopt Resolution No. 2024-007, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.10 heading: RESOLUTION NO. 2024-007 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING THE CITY MANAGER’S APPOINTMENT OF DIRECTOR OF HUMAN RESOURCES/ RISK MANAGEMENT – TANYA TOMLINSON 5.12 Appointment: Approving the Appointment of the Assistant City Manager to Serve in the City Manager’s Place During Temporary Absences or Disability Moved by Mayor McCann Seconded by Councilmember Chavez To adopt Resolution No. 2024-009, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 5.12 heading: RESOLUTION NO. 2024-009 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE APPOINTMENT OF THE ASSISTANT CITY MANAGER TO SERVE IN THE CITY MANAGER’S PLACE DURING TEMPORARY ABSENCES OR DISABILITY 6. PUBLIC COMMENTS Alan C. spoke regarding TransNet tax. Daniel Teague, Chula Vista resident, spoke regarding weed abatement. At the request of Councilmember Preciado, there was a consensus of the City Council to make a referral to the City Manager for a report on weed abatement matters. Joseph Raso, Chula Vista resident, spoke regarding tenant protections. John Acosta, Chula Vista resident, spoke regarding councilmember actions. Page 11 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 7 The following members of the public spoke regarding matters related to homelessness:  Joanne Fischer, Chula Vista resident  Brandon Claypool  Leticia Lares, Chula Vista resident  Carolina Ramirez  Roberto Ramirez, Chula Vista resident  Sonia Gutierrez, Chula Vista resident  Maria Sanchez, Chula Vista resident  Damian Hernandez, Chula Vista resident  Julian Cornwall, Chula Vista resident  Delfina Gonzalez, Chula Vista resident Russ Hall, Chula Vista resident, spoke regarding the Chula Vista Community Youth Center located at 465 L Street. Gina E., Chula Vista resident, spoke regarding various matters. Delia Dominguez Cervantes spoke regarding SANDAG updates. Robert Johnson spoke regarding city meetings. Felix Manzano, Chula Vista resident, submitted written comments. 7. ACTION ITEMS 7.1 Harborside Park: Amend the Fiscal Year 2023-24 Capital Improvement Program Budget, Allocate Measure P Funds, and Waive Fees Deputy City Manager Chase gave a presentation. The following members of the public spoke in support of the item:  Alan C.  Martin Calvo, Parks and Recreation Commission Chair, and he responded to questions from the City Council  Gina E.  Cindy D.  Leticia Lares, Chula Vista resident  Sandra Hodges, Chula Vista resident  Carolina Ramirez The following members of the public spoke expressing a neutral position on the item:  John Acosta, Chula Vista resident  Cheryl  Roberto Ramirez, Chula Vista resident  Delia Dominguez Cervantes, Chula Vista resident Lillie spoke in opposition to a recreation center on the site. Page 12 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 8 At the request of Councilmember Preciado, there was a consensus of the City Council to add an item early on the following City Council agenda for a report by the City Manager on the status of the impact of unhoused people on Industrial Boulevard, with participation by the Police Chief, members of the Homeless Outreach Team, and the Department of Housing and Homeless Services. Moved by Mayor McCann Seconded by Councilmember Cardenas To adopt Resolution No. 2024-010, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.1 heading: RESOLUTION NO. 2024-010 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 1) AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, PRK0344 “HARBORSIDE PARK RENOVATIONS” AND APPROPRIATING FUNDS THEREFOR; AND 2) AMENDING THE MEASURE P INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXPENDITURE PLAN TO ALLOCATE APPROXIMATELY $1.25 MILLION IN UNALLOCATED REVENUE (4/5 VOTE REQUIRED) The meeting was recessed at 9:03 p.m. and resumed at 9:19 p.m. 7.2 Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff Deputy City Manager Chase gave a presentation. The following members of the public spoke in opposition to the item:  John Acosta, Chula Vista resident  Gina E., Chula Vista resident  Delia Dominguez Cervantes, Chula Vista resident  Lillie  Cindy D.  Alan C. Robert Johnson submitted written comments. Moved by Councilmember Preciado Seconded by Councilmember Chavez To continue the item to the January 16, 2024, City Council meeting. Yes (4): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado No (1): Mayor McCann Page 13 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 9 Result, Carried (4 to 1) 7.3 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 Robert Johnson submitted written comments. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Ordinance No. 3560, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.3 heading: ORDINANCE NO. 3560 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE AMENDMENT TO THE CONTRACT BETWEEN THE CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM TO PROVIDE A MANDATORY EMPLOYEE CONTRIBUTION FOR ALL CLASSIC LOCAL SAFETY MEMBERS OF THE 2180 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OF ONE PERCENT OF SALARY EFFECTIVE JANUARY 12, 2024 (SECOND READING AND ADOPTION) 7.4 Employee Compensation: Approve the Revised Compensation Schedule that Reflect Elected Officials’ Salaries Pursuant to the City Charter Human Resources Director Tomlinson announced that approval of the item would affect executive compensation. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution Nos. 2024-011 and 2024-012, the headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) Item 7.4 headings: A) RESOLUTION NO. 2024-011 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2023/24 COMPENSATION SCHEDULE EFFECTIVE JANUARY 12, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Page 14 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 10 B) RESOLUTION NO. 2024-012 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023- 24 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8. CITY MANAGER’S REPORTS There were none. 9. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 9.1 Appointment to the Privacy Protection and Technology Advisory Commission for the Initial Ex Officio Seat Privacy Protection and Technology Advisory Commission - Marlano Batson Robert Johnson submitted written comments. Moved by Mayor McCann Seconded by Councilmember Preciado To appoint Marlano Batson to the Ex Officio seat on the Privacy Protection and Technology Advisory Commission as the City Manager’s nomination. The motion was carried by the following vote: Yes (5): Councilmember Cardenas, Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 10. COUNCILMEMBERS’ COMMENTS Councilmembers reported on attendance at recent events and made community announcements. Councilmember Chavez gave a SANDAG update regarding SR-125. 11. CITY ATTORNEY'S REPORTS There were none. 12. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. Acting City Attorney Maland announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 10:05 p.m. The Council convened in Closed Session at 10:10 p.m., with all members present. 12.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d(1) Page 15 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2024-01-09 City Council Regular Meeting Minutes Page 11 A) Name of case: Estate of Bradley Munroe, by its successors in interest Marci Munroe and Lee Munroe, et al, v. City of Chula Vista, et al.; United States District Court, Southern District; Case No. 23-cv-2253-RBM-SBC. Action: No Reportable Action B) Name of Case: Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No. 37-2021-17713-CU-MC-CTL Action: No Reportable Action 13. ADJOURNMENT The meeting was adjourned at 10:55 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 16 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda v . 0 03 P a g e | 1 January 16, 2024 ITEM TITLE Easement: Grant an Easement to the San Diego Unified Port District for Bicycle, Public Access, and Pedestrian Purposes to Facilitate the Development of the Sweetwater Bicycle Path and Pedestrian Promenade Report Number: 23-0302 Location: A vacant parcel west of Marina Parkway and south of the western terminus of Lagoon Drive Department: Economic Development G.C. § 84308: No Environmental Notice: The Project was adequately covered in a previously certified Final Environmental Impact Report UPD#83356-EIR-658; SCH NO. 2005081077 for the Chula Vista Bayfront Master Plan. Recommended Action Successor Agency to the Redevelopment Agency of the City of Chula Vista adopt a resolution granting an exclusive easement to the San Diego Unified Port District for bicycle, public access, and pedestrian purposes to facilitate the development of the Sweetwater Bicycle Path and Pedestrian Promenade project. SUMMARY As part of implementing the Chula Vista Bayfront Master Plan (CVBMP) and in preparation for the 2025 opening of the Gaylord Pacific, the City of Chula Vista has partnered with the San Diego Unified Port District (Port) to deliver public-serving amenities such as the Sweetwater Bicycle Path and Pedestrian Promenade, Sweetwater Park and Harbor Park. In 2018, the Port entered into a grant agreement with the State of California Natural Resources Agency for Urban Greening Grant funding for the implementation of the Sweetwater Bicycle Path and Pedestrian Promenade project. The project includes the construction of a three- quarter mile Class 1 bike path and pedestrian promenade on portions of unused real property belonging to the Successor Agency to the Redevelopment Agency of the City of Chula Vista (Agency). In order to ensure timely delivery of the Sweetwater Bicycle Path and Pedestrian Promenade, the Agency is being requested to grant an exclusive easement across its property for a period of sixty-six (66) years to allow for the Port’s development of the project. Page 17 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately covered in a previously certified Final Environmental Impact Report UPD#83356-EIR-658; SCH NO. 2005081077 for the Chula Vista Bayfront Master Plan. Thus, no additional environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The City of Chula Vista and the Port have been working jointly for years on implementation of the CVBMP, which was unanimously approved by the California Coastal Commission in 2012. Th e plan encompasses more than 535 acres and implementation rapidly progressed. Construction of the Gaylord Pacific is underway with an anticipated opening date in mid-2025. Together, the City and Port have been working on various projects to improve multimodal public access to the Chula Vista Bayfront. In preparation for the 2025 opening of the Gaylord Pacific, the City of Chula Vista has partnered with the Port to deliver public-serving amenities such as the Sweetwater Bicycle Path and Pedestrian Promenade, Sweetwater Park and Harbor Park. In 2018, the Port entered into a grant agreement with the State of California Natural Resources Agency for Urban Greening Grant funding for the implementation of the Sweetwater Bicycle Path and Pedestrian Promenade project. A total of $4.8 million was awarded to the Port for the project. The promenade project includes the construction of a three-quarter mile Class 1 bike path and pedestrian promenade on portions of real property belonging to the Agency. In order to ensure timely delivery of the Sweetwater Bicycle Path and Pedestrian Promenade, the Agency is being requested to grant an easement across its property for a period of sixty-six (66) years to allow for the Port’s development of the project. All costs and expenses to construct and maintain the project on the easement area will be the sole responsibility of the Port. The Sweetwater Bicycle Path and Pedestrian Promenade, once completed, will provide much needed public access to the Chula Vista Bayfront and will further the City’s vision for the Bayfront. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Agency 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 Agency member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Page 18 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact associated with the granting of an easement for the Sweetwater Bicycle Path and Pedestrian Promenade. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with the granting of an easement for the Sweetwater Bicycle Path and Pedestrian Promenade. All costs and expenses to construct and maintain the project on the easement area will be the sole responsibility of the Port. ATTACHMENTS 1. Draft Easement to the San Diego Unified Port District for the Sweetwater Bicycle Path and Pedestrian Promenade Project (Easement for Public Access Purposes) Staff Contact: Kevin Pointer, Principal Economic Development Specialist Tiffany Allen, Assistant City Manager Page 19 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA GRANTING AN EASEMENT TO THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE SWEETWATER BICYCLE PATH AND PEDESTRIAN PROMENADE WHEREAS, The San Diego Unified Port District (“Port”) is currently preparing to begin construction of the Sweetwater Bicycle Path and Pedestrian Promenade Project (“Project”) to implement the Chula Vista Bayfront Master Plan in preparation for the opening of the G aylord Pacific Hotel and Convention Center and; and WHEREAS, in order to complete the Project, the Port needs to acquire additional easement rights from the Successor Agency to the Redevelopment Agency of the City of Chula Vista (“Agency”); and WHEREAS, these actions are reasonable for the purposes of the construction of the Project and are within the scope of what was originally anticipated and covenanted at the time the land was conveyed to the Agency, and the Agency will not be responsible for any costs or expenses to construct or maintain the Project; and WHEREAS, Agency Staff recommends approval of the easement to the Port; and WHEREAS, the Agency set the time and place consideration of the subject grant of the easement and notice of said matter, together with its purpose, was given consistent with applicable law; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Agency considered the grant of the easement to the Port at the time and place as advertised in the City Council Chambers, 276 Fourth Avenue. NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Redevelopment Agency of the City of Chula Vista, that it does hereby approve the granting of the easement for the construction of the Sweetwater Bicycle Path and Pedestrian Promenade Project (“Easement for Public Access Purposes”) and authorizes the execution of the required document, a copy of which is attached hereto as Exhibit 1 and by reference made a part hereof. Page 20 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Maria V. Kachadoorian Jill D.S. Maland Executive Director Lounsbery Ferguson Altona & Peak Acting Agency General Counsel Page 21 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: District Clerk ) San Diego Unified Port District ) Post Office Box 120488 ) San Diego, CA 92112-0488 ) (Space Above this Line for Recorder’s Use) APN (s) 567-010-18 The undersigned District declares that the Documentary Tax is $-0- EASEMENT FOR PUBLIC ACCESS PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, (“Agency”), hereby grants to the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (“District”), for the term of sixty-six (66) years an exclusive Easement for recreation, bicycle, public access, and pedestrian purposes, together with the right to construct, operate, install, modify, improve, rebuild, reconstruct, relocate, pave, reconfigure, repair, replace, remove, substitute, change the size of, upgrade, maintain, patrol, inspect, test and use of the public access improvements by the general public associated with the Chula Vista Bayfront Master Plan (CVBMP), the Sweetwater Bicycle Path and Pedestrian Promenade project and the Sweetwater Park project (“Easement”), which includes without limitation, parks, public access and recreational uses, and are collectively referred to hereinafter as the “Public Access Improvements” in, upon, over, under, across and through that certain real property in the City of Chula Vista, County of San Diego, State of California , as shown in Exhibit “A” and more particularly described as follows (“Property”): All that certain real property currently designated as San Diego County Assessor’s Parcel Nos. 567-011-04, 567-010-18 and 567-010-19 together with F Street (Lagoon Drive) adjacent to and abutting said Parcels depicted on Exhibit “A”, attached hereto and by this reference made a part hereof. District and Agency previously entered into that certain Easement for bicycle, public access and pedestrian purposes encumbering the Property dated January 9, 2019 and filed in the Office of the District Clerk as Document No. 69237 (Original Easement). District and Agency agree the Original Easement is hereby superseded and restated in its entirety by this Easement as of the signature date set forth below. District’s development and construction of the Sweetwater Bicycle Path and Pedestrian Promenade Page 22 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2 Clerk#! were partially funded with that certain State of California Natural Resources Agency Urban Greening Grant (“Grant”). In consideration for the receipt of funds from the Grant, District entered into a Grant Agreement with the California Natural Resources Agency (Agreement No. U29130- 0) on file in the Office of the District Clerk as Document 68461. Agency agrees that the Property is being developed with National Park Service (NPS) assistance, or such assistance is integral to such acquisition or development, and that, without approval from the United States Secretary of the Interior (the “Secretary”), it shall not be converted to other than public outdoor recreation use and shall remain in public outdoor recreation use in perpetuity. District may propose to convert the use of the Property to a use other than public outdoor recreation only in consultation and collaboration with the Agency, the NPS, and the California Department of Parks and Recreation. In the event that the Secretary approves conversion of use proposed by the District, District would be the entity responsible for providing the replacement property that would be required to remain in public outdoor recreational use in perpetuity and subject to NPS protection as a condition of any such conversion in accordance with NPS statutes and regulations. Approval of any proposed conversion shall be in the sole discretion of the Secretary, or designee, and pursuant to 54 U.S.C. Section 200305(f)(3), the Secretary shall approve such conversion only if it is found to be in accord with the then existing statewide comprehensive outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location. Additional use and conversion requirements are included in the NPS post-completion compliance regulations at 36 C.F.R. Part 59. All costs, fees, and expenses to design, construct, operate, install, modify, improve, rebuild, reconstruct, relocate, pave, reconfigure, and repair all Public Access Improvements within the Easement area, or related items or actions, shall be the responsibility of District, and Agency shall not be responsible or obligated for any such costs, fees, and expenses. Further, all work and activities of District within the Easement area shall be in compliance with all applicable laws and regulations. Agency has previously approved plans by District to construct the Public Access Improvements within the Easement area. Agency shall approve in writing any subsequent plans presented by District to construct, improve, and modify Public Access Improvements within the Easement area. At the discretion and election of the Agency, all Public Access Improvements within the Easement area shall become the property of the Agency at the end of the Easement term. To the fullest extent permitted by law, District agrees to defend, indemnify and hold harmless the Agency, its agents, officers, employees, and contractors (collectively, the “Agency Parties”), from and against any claim, demand, action, proceeding, suit, liability, damage, cost (including reasonable attorneys’ fees) or expense, including but not limited to, damage to property, the loss or use thereof, or injury or death to any person, including District’s officers, agents, contractors and employees (collectively “Claims”), caused by or arising out of the acts or omissions of Agency or its officers, agents, contractors, or employees (collectively, the “Agency Parties”) related to this Easement or District’s use of the Property. District’s duty to defend, indemnify, and hold harmless Page 23 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 3 Clerk#! shall exclude any Claim to the extent arising from the judicially determined instance(s) of negligence or willful misconduct of any of the Agency Parties. To the fullest extent permitted by law, Agency agrees to defend, indemnify and hold harmless the District, its agents, officers, employees, and contractors (collectively, the “District Parties”), from and against any claim, demand, action, proceeding, suit, liability, damage, cost (including reasonable attorneys’ fees) or expense, including but not limited to, damage to property, the loss or use thereof, or injury or death to any person, including Agency’s officers, agents, contractors and employees (collectively “Claims”), caused by or arising out of the acts of the Agency or its officers, agents, contractors, and/or employees (collectively, the “Agency Parties”) related to this Easement or Agency’s use of the Property. Agency’s duty to defend, indemnify, and hold harmless shall exclude any Claim to the extent arising from the judicially determined instance(s) of negligence or willful misconduct of any of the District Parties. With respect to the obligations to defend, indemnity, and hold harmless set forth above: a. Each party further agrees that its respective duty to indemnify and defend requires that District or Agency, as applicable, pay all reasonable attorneys’ fees and costs the indemnified party incurs associated with or related to enforcing the applicable indemnification provisions and defending any indemnified Claim. b. An indemnified party may, at its own election, conduct its defense or participate in the defense of any Claim. If an indemnified party chooses at its own election to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any indemnified Claim, the indemnifying party agrees to pay all reasonable attorneys’ fees and all costs incurred by the indemnified party in connection with such defense. c. Each of the parties’ obligations shall survive the expiration or earlier termination of this Agreement until expiration of applicable statute of limitations periods. The District shall maintain insurance coverages, types, and requirements during the entire term of this Easement as provided on Exhibit “B” attached. The Easement area is being offered to District in an As-Is and Where-Is condition, with all faults, and without any warranty, expressed or implied. District acknowledges that it has independently inspected the Easement area and made all tests, investigations, and observations necessary to satisfy itself of the condition of the Easement area and all improvements appurtenant thereto. District acknowledges it is relying solely on such independent inspections, tests, investigations, and observations in accepting this Easement, and that based on such independent inspections, tests, investigations, and observations, District has determined the Easement area is acceptable for its use under this Easement. Page 24 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 4 Clerk#! Agency shall record this Easement in the official records of the County of San Diego within five (5) days of the execution and acknowledgement this Easement by District. Signed this _______ day of ________________, 20______ CITY OF CHULA VISTA, AS SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA By: _____________________________ Name: __________________________ Title: __________________________ Attested By: ____________________________ Name: Kerry K. Bigelow, MMC Title: City Clerk APPROVED AS TO FORM: By: _____________________________ Name: Jill D.S. Maland Title: Lounsbery Ferguson Altona & Peak, LLP, Acting City Attorney SAN DIEGO UNIFIED PORT DISTRICT, a public corporation By: _____________________________ Anthony Gordon Assistant Vice President, Real Estate APPROVED AS TO FORM AND LEGALITY By: _____________________________ Assistant/Deputy Page 25 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EXHIBIT A EXHIBIT A Page 26 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EXHIBIT B Clerk#! EXHIBIT B The San Diego Unified Port District (District) shall procure and maintain for the duration of the Easement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the District, its agents, representatives, employees or sub contractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if District has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the District maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the District. OTHER INSURANCE PROVISIONS The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Agency, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the District including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the District’s insurance at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10 and CG 20 37 if a later edition is used). Specifically, endorsement must not exclude Products / Completed Operations. Primary Coverage For any claims related to this contract, the District’s insurance coverage shall be primary insurance as respects the Agency, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Agency, its officers, officials, employees, or volunteers shall be excess of the District’s insurance and shall not contribute with it. Page 27 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EXHIBIT B Clerk#! Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Agency. Waiver of Subrogation District hereby grants to Agency a waiver of any right to subrogation which any insurer of said District may acquire against the Agency by virtue of the payment of any loss under such insurance. District 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 Agency has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the Agency. The Agency may require the District to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 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 Agency. Claims Made Policies If any of the required policies provide claims-made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the District must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work. Verification of Coverage District shall furnish the Agency with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Agency before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the District’s obligation to provide them. The Agency reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances Agency reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 28 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda (FOR USE BY _________________________________) Page 29 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda (FOR USE BY SAN DIEGO UNIFIED PORT DISTRICT) Page 30 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 5.3 – Curry Received 1/16/24 From: alan mil Sent: Tuesday, January 16, 2024 9:38 AM Subject: Additional PowerPoint Todays 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 Good Morning City Clerk, Please verify PowerPoint attachment functioning for display during my public speaking AGENDA 5.3 and placed into public record. This a smaller PowerPoint in addition to the other PowerPoint I sent the other day. I had named the files based on which Agenda. TO SANDAG, MAYOR AND CITY COUNCIL AGENDA 5.3 BEFORE MORE TAX WASTE STOP THE SEWAGE NEXT TO INTERSTATE 54 The PowerPoint shows perhaps solve the safety issue of Sweetwater Bay BEFORE spending more money on expanding the trail next to the water where Homeless reside trash and feces polluting the water that was clear decades ago going to the Nature Wildlife Refu ge Center. A HEADS UP ANTICIPATE A HUGE TURNOUT OF PUBLIC SPEAKERS FOR HOMELESS REPORT Thank you, The Best City Clerks In San Diego County! -- Alan Curry Page 31 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 32 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 33 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 34 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 35 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 36 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 37 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda CV Councilwoman‘s Economic Filings Raise Concerns of Conflicts San Diego News Desk9 months ago017 mins The original article can be read here. By Alberto Garcia Investigative Reporter A local City Councilwoman who runs a political consulting firm has never reported her employer’s clients which could pose conflicts-of-interest as she serves on the City Council. Andrea Cardenas, who was elected to the Chula Vista City Council in November 2020, lists her employment as “Director of Community Engagement” for Grassroots Resources Inc. on her annual Form 700 Economic Interests disclosure forms filed with the City of Chula Vista in 2021 and 2022. Page 38 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda POLITICS Politics Report: How Big Will the Cardenas Fallout Be? by Scott LewisNovember 4, 2023 Andrea Cardenas speaks at an event in support of South Bay Democratic candidates. / Photo by Adriana Heldiz Page 39 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 40 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 41 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 42 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 43 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 44 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written ritten Cnbs' Item# /X l Name a CHULA VISTA,, CA 91910 e lem P Honorable Mayor & Citv Council 01/1.6/24 After a year of working withith Chula Vista staff, we are I very close to relieving the financial burden placed on our community's renters by the "Tenant Protection Ordinance". Here is where we all. aaznree.- 1) Clauses 9.65.080 2 and 9.6.5.060E are what is causinc, r the most harm bv threatening Landlords and Tenants who have rnade inadvertent mistakes with $5,000-00 daily fines.. 2) Landlords of the ""36,033 rental units (*Staff supplied data) must raise rents in order impound funds to pay the potential fine of those who hm.-T e made inadvertent errors. th3) n.o "Bad Actors"' in CV. uric eThereareN.:,irtuallL-14 entire first year n r nt, staff has yet to be niade aware of i(l ord or Tenant subject to a fine. r- 4) With so few "Bad Actors", the financial harm placed on the backs of Tenants could very Nvel.1 exceed the potential ebenefitsreceivedbd the "Tenant Protection Ordinanc%...ACA constant threat of SS,OOO.Q(? daily fines. Page 45 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 11, belieN.,,e N.le lv,_i.ve fotind a. wa.\ n. cy -to br ClUllirl VIsta S Yenant. P.t-otectjil..on )rdv' nne- con -i. -p i.a.fic e-N,T ith C a t 0 `w _11. 7 -ilv harm-.m.cy renters. t thout Lind. i. tirtandzivtes Nvi Z711 SP( 11, I 2,e o,.,(,,' -fleta-4--,. of -the vet-bimejaq order -tvo redUce a aorcFs need -to drastil cath", at se reras iuttion oClH 'be accornpli sh.ed- tl,lu 1, 1. (A. C,f- n, easl -.,v4W nion Nofice to cure mus -t first be given before, anclaLlse. Y i diveci, ion or civii er}y Sci_ i alta) PY.. Y _t t, -yf i n.di v ji d 1, 11 cyl adl vthc <4-,ts, nia 7 1p( )ri vvai jor W, t he ti -iscrupulous `_Fen.-_a..i.-itscomej. n.to con,,,. vhiie 1. 4 -ate fn, p t to c ixi.rcurrv,."'ent. the lwIords N, thatAinii. ad6ciJ N, -),nus of StIch a notii, 1-j,,catioi,-.,i. pir",r_-x d e -..s a wurnuvtcy- d-7 sj.r),,i.Plifi.es the process of and. levy?in.t."y 11- zn Bad A,ctorz . firm that it-, i WISSi bleIbet'ieve our Cttv attorne,.,,, Nvill c.on. S PC vi V iduals and st.11.1 be in. allic"Ftimetilto -i-i-on.co.m.ptian. 11n.dil C,ri-i.i a's neNv J"PO m.andates W'h.a-t 1"S VOUr opj.ni.ot-i.`- nNAreon. tl,.-i.e ri0it track'&? If li-i,,,,ot Vvhi.lt •n.,,odii-ticati-ons of OILJ` ap P- i Oct ch '"rould -iv7 1 1' 17h.ati.k you so nittch 4:"Or all your ditioent work in thilsZ7 matter. Page 46 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 16, 2024 ITEM TITLE Planning Commission Appeal: Conditional Use Permit to Install a New 45-Foot Freestanding Wireless Telecommunication Facility on a 2.09-acre Parcel Improved with an Existing Church Report Number: 24-0027 Location: 430 Second Avenue Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project (as defined below) qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (“CEQA”) State Guidelines. Recommended Action Adopt a resolution denying the appeal and affirming the Planning Commission’s decision to approve Conditional Use Permit, CUP22-0052, to install a new 45-foot freestanding wireless telecommunication facility at 430 Second Avenue. SUMMARY On December 14, 2022, AT&T Wireless (“Applicant”) submitted a Conditional Use Permit (“CUP”) application to install a new 45-foot-high wireless telecommunication facility on a property improved with an existing church, located at 430 Second Avenue (“Project”). The Project site is zoned R-1 (Single Family Residence) and RLM (Residential Low-Medium) within the General Plan (Attachment 1). In accordance with Chula Vista Municipal Code (“CVMC”) Section 19.89.060, the Planning Commission may allow stealth-designed facilities to exceed the zone district height limit. The maximum building height of the underlying R-1 zone is 28 feet. The proposed facility will be 45 feet tall, exceeding the maximum building height by 17 feet, and thus approval from the Planning Commission was required. On October 25, 2023, the Planning Commission considered and approved the Project by a vote of 7-0. The Planning Commission Report, including attachments, considered at the hearing on October 25th is included as Attachment 2 of this report. The Planning Commission resolution is included as Attachment 3 of this report. During the October 25th hearing, there were two speakers present, Michael Daley and William Daley, Page 47 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 2 who provided comments in opposition to the Project. Additionally, there were seven written comments received prior to the hearing that were all in opposition to the project (Attachment 4). On November 3, 2023, William D. Daley (the “Appellant”) filed an appeal of the Planning Commission’s decision to the City Council, citing “Factual Error” and “Findings Not Supported” as the basis of the appeal (Attachment 5). This item is now presented to the City Council for consideration and action. While this is an appeal of the Planning Commission’s October 25, 2023 decision, City Council should take into full consideration the deliberations and decision of the Planning Commission. Under CVMC Section 19.14.588(B), the City Council has the authority to consider the Project, in its entirety, and make a de novo determination based upon appropriate findings. After having considered all the evidence in the written record prior to the publication of this report, staff recommends that the City Council deny the appeal and uphold the Planning Commission’s decision. The proposed use is consistent within the R-1 zone, is compatible with existing and surrounding land uses and complies with the development standards specified in the City’s Wireless Telecommunications Facility Ordinance (CVMC Chapter 19.89). The proposed use also helps to achieve the Public Facilities and Services Element of the General Plan, including Policy PFS 24.1, regarding installing state-of-the-art wireless facilities, and Policy PFS 24.2, regarding reviewing new telecommunications facilities and requesting siting and design techniques that minimize community impacts. Accordingly, staff recommends that the appeal be denied, and the decision of the Planning Commission be upheld. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with CEQA and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because the proposed Project would not result in a significant effect on the environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On October 25, 2023, the Planning Commission voted 7-0 to approve the Project. DISCUSSION The improved 2.09-acre Project site is located on the west side of Second Avenue, north of Alvarado Street, and south of G Street. To the west, south, and east of the Project site are existing single-family residential properties. To the north are existing single-family and multi-family residential properties (Attachment 1). The proposed Project is a freestanding wireless telecommunications facility consisting of twelve (12) panel antennas mounted on a 45-foot-high freestanding stealth tower, designed to resemble a eucalyptus tree rather than a wireless tower (Attachment 6). The facility also includes a 9-foot-high concrete masonry unit wall, which will serve as an enclosure for the equipment, and camouflaging it in a manner that resembles a corral for trash cans or other non-wireless utilities. Other improvements include new landscape surrounding the ground-level enclosure, which will help blend the project in with adjacent landscaped areas. Additional Page 48 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 3 planting material along the enclosure wall will further conceal the facility and provide protection against vandalism and graffiti. In accordance with CVMC Chapter 19.89 (Wireless Telecommunications Facilities), wireless telecommunications facilities are allowed in any zone, subject to a CUP. Facilities that exceed the height limit of the underlying zoning must consist of a stealth design and be at the minimum technologically feasible height. The Project will be built to comply with the Wireless Ordinance’s Development Criteria and all other applicable City zoning and building regulations. Access to the site shall be kept to a minimum and conducted in a manner that does not negatively impact the residents or business customers. On November 3, 2023, the Appellant filed an appeal claiming factual error and findings not supported as the basis of their appeal. Factual Error The first basis of appeal claimed by the Appellant was there were factual errors made by the Planning Commission in approving the Project. However, the Appellant did not provide any claims of factual error in the appeal. Findings Not Supported The appeal focuses solely on the claim that findings not supported. Specifically, the Appellant cites the following basis for appeal: Conditional Use Permit Finding #1 The Appellant states the proposed use at the location is not necessary or desirable to provide a service or facility and will not contribute to the general well-being of the neighborhood or the community. They provide the following information to support this claim:  The Appellant has adequate cell service and does not have a problem reaching emergency services.  The 45-foot-high proposed tower is not compatible in design with the surrounding single-family neighborhood.  The proposed tower is not the most technologically feasible option, and alternatives such as co- location on existing sites should be further explored. Staff Response: The Appellant’s subjective opinion of their personal cell coverage does not speak to the coverage reception for the surrounding neighborhood residents. The Applicant has provided coverage maps indicating weak coverage areas and how the new facility will positively impact those coverage gaps (Attachment 7). The proposed tower has also been designed to mimic a faux eucalyptus tree, which is consistent with existing landscaping within the adjacent community. The Applicant also provided information as part of their application submittal that alternative sites, specifically opportunities for co-location, were considered prior selecting the Project site to build a freestanding tower (Attachment 2). Page 49 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 4 Conditional Use Permit Finding #2 The Appellant states the proposed use will be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. They provide the following information to support this:  The City’s General Plan states a goal to promote housing that helps to create safe, livable, and sustainable neighborhoods.  Approving the CUP will change the landscape and neighborhood character and affect property values.  Cell towers invite crime and jeopardize public safety by being receptors to graffiti and structure collapse via a natural disaster. Staff Response: The City’s General Plan offers several different goals for the community. Goals PFS 24.1 and 24.2 speak to the need to implement new wireless facilities. Within the Public Facilities and Services Element of the General Plan, Policy PFS 24.1 relates to installing state-of-the-art wireless facilities, and Policy PFS 24.2 relates to reviewing new telecommunications facilities and requesting siting and design techniques that minimize community impacts. Although the various goals in the General Plan may require the City to balance potentially competing interests, City has a vested interest in promoting and providing adequate cell coverage to all of its residents and the Planning Commission is well positioned to make such balancing decisions (See General Plan GPI 3.3 and 6.3). The proposed tower has been designed to meet current California Building Code Standards, and, to mimic a faux eucalyptus tree. This is consistent with existing landscaping within the adjacent community. The Project would also be required to comply with specific provisions regarding vandalism and graffiti within CVMC Section 19.89.060, by providing a secure, gate-locked block wall equipment enclosure, and graffiti-resistant coating on the same walls. Conditional Use Permit Finding #3 The Appellant states the proposed use does not comply with the regulations and conditions specified in CVMC Title 19 for such use. They provide an itemized list of conflicts with the development standards within CVMC Section 19.89.060 to support this claim, including:  The proposed tower is not the most technologically feasible option for providing service.  The smallest practical devices are not used via the tower, to achieve the needs of the wireless network.  The proposed tower’s design is not compatible with the surrounding area.  The Applicant has not given enough information and alternatives to demonstrate co-location as a first option.  The proposed setbacks of the tower only meet the setbacks for a 28-foot-high structure within the R- 1 zone but should be set back further due to the increased height.  The cell tower equipment shall be first placed underground, and not above-ground through a new tower. Staff Response: Cellular technology and the size of equipment surrounding cell service is ever-changing and evolving. Much of cellular service today is still “line of sight” type technology, and thus new wireless facilities providing cell coverage are not typically placed underground. They are either installed via a freestanding Page 50 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 5 structure or placed on an existing building, but in either case, above ground. Moreover, the proposed concealment as a faux eucalyptus tree mitigates the impacts of the visual impacts from above-ground equipment. The City’s Wireless Telecommunications Facility Ordinance defers to the site-specific zoning designations related to setbacks. The proposed tower is required to meet the setbacks under the R-1 zoning designation, which is 28-feet. There is no requirement for a taller structure to adhere to a lar ger setback. The Project complies with the required 28-foot setback. As part of their application submittal, the Applicant provided information detailing their exploration of alternative sites, specifically opportunities for co-location, prior to selecting the Project site. If co-location cannot be achieved prior to application submittal and it is demonstrated through documentation, a freestanding tower may be constructed with the provision that future co-location opportunities are provided on the structure. Conditional Use Permit Finding #4 The Appellant states the granting of this conditional use will adversely affect the General Plan of the City. They provide various sections from the General Plan referring to policies regarding Community Image/Character, Healthy and Sustainable Communities. Staff Response: There are several elements within the General Plan with each element containing a large number of goals. Some goals may seem contradictory while others complement one another well. The Public Facilities and Services Element of the General Plan, including Polic ies PFS 24.1 (installing state-of-the-art wireless facilities) and Policy PFS 24.2 (reviewing new telecommunications facilities) require the City to uphold siting and design techniques that minimize community impacts. Additionally, the Project provides a vital service in the 21st century by connecting neighborhoods to the larger telecommunications infrastructure and helps to achieve some structure diversity within existing neighborhoods. The proposed use is consistent within the R-1 zone, is compatible with existing and surrounding land uses and complies with the development standards specified in CVMC Chapter 19.89. Code Violations The appeal goes further and requests the City Council deny the Project based upon the Appellant’s claim that the property owner is not trustworthy due to previous zoning code violations filed against the property. The City Council cannot consider code violations unrelated to the proposed project, and civil matters between the property owner and the community, as part of the final decision. Additionally, there are no open code violation cases against the property owner at 430 Second Avenue. Conflict with Federal Law In 1996, Congress passed the Telecommunications Act that, among many other things, attempted to balance the local interest in preserving zoning authority against the national interest in expanded communications facilities deployment. The Telecommunications Act generally preserved local zoning auth ority except for specifically enumerated limitations, such as preempting local prohibitions, discrimination, certain environmental regulations and unreasonably long or unclear decision-making processes. In 2012, Congress Page 51 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 6 passed the Middle-Class Tax Relief and Job Creation Act of 2012, which included the Spectrum Act. The intent was to further encourage and enhance the growth of national telecommunications networks, including the creation of a broadband communications network for first responders. The Appellant refers to “federal statutes of the Telecommunications Act” that need to be considered as part of the approval of the CUP. After further review the Spectrum Act of 2012, none of the claims the Appellant makes with respect to findings of the Planning Commission are found within the Act, and therefore cannot to be considered as part of this action. Conclusion In conclusion, City Staff has determined that (1) there is substantial evidence in the record that the Project meets the findings for issuance of a Conditional Use Permit, and (2) the Project design is consistent with City design standards. Staff recommends the City Council deny the Appellant’s appeal and affirm the Planning Commission’s approval of Conditional Use Permit CUP22-0052 to install a new 45-foot-high freestanding wireless telecommunication facility on a property improved with an existing church, located at 430 Second Avenue. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT An appeal fee of $250 was paid by the Appellant. The processing costs associated with the Project appeal are borne by the Applicant. There are no current-year fiscal impacts to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or the Development Services Fund as a result of this action. ATTACHMENTS 1. Location Map 2. Planning Commission Staff Report and attachments 3. Planning Commission Resolution 4. Draft Planning Commission Minutes and Submitted Public Comments 5. Appeal Application 6. Photo Simulations 7. Coverage Maps Page 52 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 7 Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 53 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 1 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AFFIRMING THE PLANNING COMMISSION DECISION TO APPROVE CONDITIONAL USE PERMIT (CUP22-0052) TO INSTALL A NEW 45-FOOT FREESTANDING WIRELESS TELECOMMUNICATION FACILITY ON A 2.09-ACRE SITE WITH AN EXISTING CHURCH LOCATED AT 430 SECOND AVENUE. WHEREAS, on December 14, 2022, a duly verified application for a Conditional Use Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by AT&T (“Applicant”); and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission on the CUP application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the duly called and noticed public hearing on the Project was held before the Planning Commission of the City of Chula Vista on October 25, 2023, in the Council Chambers, 276 Fourth Avenue, at 6:00 p.m. to hear public testimony and staff’s presentation; and WHEREAS, the Planning Commission on October 25, 2023, reviewed the Project and approved the CUP by a vote of 7-0; and WHEREAS, on November 3, 2023, William D. Daley filed an appeal of the Planning Commission’s decision to approve the CUP (CUP22-0052); WHEREAS, the City Clerk set the time and place for the public hearing before the City Council on the appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, City staff recommends denying the appeal and affirming the Planning Commission approval of CUP22-0052 for the Project; and Page 54 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2 WHEREAS, the Chula Vista City Council has reviewed and considered all such materials for CUP for the Project; and WHEREAS, the City Council held a duly noticed public hearing to consider said appeal at the time and place as advertised, namely January 16, 2024 at 5:00 p.m., in the City Council Chambers, 276 Fourth Avenue, before the City Council, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find and determine that the Planning Commission’s approval of Conditional Use Permit CUP22-0052 is hereby AFFIRMED, with findings as follows: I. CONFORMANCE WITH CHULA VISTA MUNICIPAL CODE That the City Council of the City of Chula Vista, in the exercise of its independent judgment, as set forth in the record of its proceedings does hereby adopt all findings made by the Planning Commission contained in resolution for the Project, which are attached hereto and incorporated herein by this reference, as if said findings were their own. The City Council specifically finds that the following are essential concealment elements of the stealth design for this proposed facility that make the facility look like something other than a wireless facility: (a) the design of the vertical support structure as a faux eucalyptus tree, including without limitation: (i) the size and shape of the canopy of faux eucalyptus tree that resembles a mature natural eucalyptus tree, (ii) the placement of antennas and other tower-mounted equipment within the canopy of faux eucalyptus tree, and (iii) the painting of all surfaces to blend with he natural colors of the eucalyptus tree; (b) the design of the ground-level enclosure as one that resembles a trash corral; and (c) all the planting and related maintenance requirements. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista, based on the findings above, does hereby approve Conditional Use Permit CUP22-0052, subject to the following conditions: The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall maintain the Project Site in accordance with the approved plans for CUP22-0052, which include site plans and elevation plans dated June 6, 2023, and on file in the Planning Division, compliance with the conditions contained herein, and CVMC Title 19. 2. The conditions of approval for this Conditional Use Permit, CUP22-0052, shall be applied to the subject property until such time as the approval may be revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 3. The Applicant and Owner shall execute this Conditional Use Permit acknowledging that the subject telecommunications use is the only use that has been approved under this permit. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator. Page 55 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 3 4. The Applicant shall cooperate with telecommunications companies in co-locating additional antennas on the subject property, provided said co-locators have received a Conditional Use Permit from the City for such use. Applicant shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level-or quality- of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Applicant has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of the Applicant. 5. Within 90 days of cessation of the business operations and use of the antennas, the Applicant shall submit a substitute user to the satisfaction of the Development Services Director and/or remove the Project and all associated equipment from the Project Site. If the facility is removed, the Applicant shall restore the Project Site to its original condition. Any changes to this Conditional Use Permit shall require a modification to be reviewed by the Zoning Administrator. 6. The Property Owner and Applicant shall and do hereby agree to timely indemnify, protect, defend and hold harmless the City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) any environmental determinations; (b) the City’s approval and issuance of this Conditional Use Permit; and (c) the City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner’s and Applicant’s compliance is an express condition of this permit and shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 7. The conditions of approval for this Conditional Use Permit shall be applied to the Project Site until such time as the approval may be revoked, and the existence of this approval with the conditions shall be recorded with the title of the property. 8. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 9. This Conditional Use Permit (CUP22-0052) may be reviewed 10 years from the date of approval (January 16, 2034) at which time the Zoning Administrator may review this use for compliance with the conditions of approval and any applicable codes and regulations and shall determine, in consultation with the Applicant, whether the Project shall be modified from its original approval, or revoked, and whether another review shall be necessary for the Project and if so, in what period of time. 10. This Conditional Use Permit (CUP22-0052) shall become void and ineffective if not utilized within three (3) years from the effective date thereof (January 16, 2027), in Page 56 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 4 accordance with CVMC Section 19.14.260. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. I. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. II. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document by signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein, and will implement the same. Upon execution, this document shall be signed and returned to the City’s Development Services Department. ________________________________ _______________________ Signature of Property Owner Date William Lewallen William Lewallen for The Church in Chula Vista Printed Name of Property Owner ________________________________ _______________________ Signature of Applicant Date Tara Carmichael Tara Carmichael for AT&T Wireless Printed Name of Applicant Page 57 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 5 III. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to be met, or in the case that they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have th e right to revoke or modify all approvals herein granted; deny or further condition issuance of all future building permits; deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; institute and prosecute litigation to compel their compliance with said conditions; or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VI. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision, and condition herein stated and that, in the event that any one or more terms, provisions, or conditions are determined by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, this Resolution and the permit shall be automatically revoked and of no further force and effect. 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 58 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda H S T G S T F S T THI RD AVI S TSECOND AVFI RST AVM A D R O N A S T S H A S T A S T ELM AVA L V A R A D O S T P A R K W Y R O O S E V E L T S T GLOVER AVCHURCH AVC E N T E R S T PROJECT LOCATION NORTH No Scale JJ:\Planning\Public Notices\CUP\CUP22-0052.pdf SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS: 430 Second Av.Project Summary: Proposed 45' Cell Tower at an Existing Related cases: NoneCUP22-0052 PROJECT APPLICANT:LOCATOR ATT Wireless C H U L A V ISTA D E V EL O P M EN T SER V IC E S D EPA RT M E N T CUP22-0052NORTH Church with a 9' High CMU Wall Equipment Enclosure. CONDITIONAL USE PERMIT Page 59 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 1 October 25, 2023 ITEM TITLE Conditional Use Permit to install a new 45-foot freestanding Wireless Telecommunication Facility on a 2.09-acre parcel improved with an existing church within the Single-Family Residence (R-1) zone and Residential Low-Medium (RLM) General Plan land use designation. Location: 430 Second Avenue. Environmental Notice: The Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (“CEQA”) State Guidelines. Recommended Action: Conduct a public hearing and adopt a resolution approving Conditional Use Permit (CUP22-0052), based on the required findings and subject to conditions contained therein. SUMMARY AT&T Wireless (“Applicant”) requests approval of plans for a new wireless telecommunications facility, consisting of twelve (12) panel antennas mounted on a 45-foot-high stealth faux eucalyptus tree tower and a 9-foot-high concrete masonry unit wall equipment enclosure (“Project”). The Project is located on the same parcel as an existing church, owned by the Church in Chula Vista (“Property Owner”) located at 430 Second Avenue (“Project Site”). The Project Site is zoned Single-Family Residence (“R-1”) and has a General Plan land use designation of Residential Low-Medium (“RLM”). HOUSING IMPACT STATEMENT The Project Site is zoned R-1 and designated Residential Low-Medium in the General Plan, which allows residential uses. No housing is proposed as part of this Project. Therefore, no additional housing units are proposed as a part of this project. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the CEQA and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines because the proposed Project would not result in a significant effect on the environment, create a Page 60 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 2 cumulative impact, damage a scenic highway, or cause a substantial adverse change in the significance of a historical resource. Thus, no further environmental review is required. DISCUSSION On December 14, 2022, the Applicant submitted a Conditional Use Permit (“CUP”) application to install a new wireless telecommunication facility on a property improved with an existing church. In accordance with Chula Vista Municipal Code (“CVMC”) Section 19.89.060, the Planning Commission may allow stealth-designed facilities to exceed the zone district height limit. The maximum building height of the underlying R-1 zone is 28 feet. The proposed freestanding wireless telecommunication facility will be 45 feet tall, exceeding the maximum building height by 17 feet, and thus an approval from the Chula Vista Planning Commission is required. Project Site Characteristics: The improved 2.09-acre Project Site is located on the west side of Second Avenue, north of Alvarado Street, and south of G Street (Attachment 1). To the west, south, and east of the Project Site are existing single-family residential properties. To the north are existing single-family and multi-family residential properties. The existing surrounding land uses are as follows: General Plan Zoning District Current Land Use Site Residential Low-Medium (RLM) Single-Family Residential (R-1) Church North Residential Low-Medium and Residential High- Medium (RLM & RMH) Single-Family Residential (R-1), and Multi-Family Residential (R-3) Single-Family Residential / Apartments South Residential Low-Medium (RLM) Single-Family Residential (R-1) Single-Family Residential East Residential Low-Medium (RLM) Single-Family Residential (R-1) Single-Family Residential West Residential Low-Medium (RLM) Single-Family Residential (R-1) Single-Family Residential Project Description: The proposed Project includes an unmanned wireless telecommunications facility consisting of twelve (12) panel antennas mounted on a 45-foot-high freestanding stealth tower, designed to resemble a eucalyptus tree (Attachment 2). The facility also includes a 9-foot-high concrete masonry unit (CMU) wall, which will serve as an enclosure for the equipment. Other improvements include new landscape surrounding the ground-level enclosure, which will help blend the project in with adjacent landscaped areas. Additional planting material along the enclosure walls will provide protection against vandalism and graffiti. Page 61 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 3 ANALYSIS In accordance with CVMC Chapter 19.89 (Wireless Telecommunications Facilities), wireless telecommunications facilities are allowed in any zone, subject to a Conditional Use Permit. Facilities that exceed the height limit of the underlying zoning must consist of a stealth design, be at the minimum technologically feasible height, and require Planning Commission approval. The Project will be built to comply with the Wireless Ordinance’s Development Criteria and all other applicable City zoning and building regulations. Access to the site shall be kept to a minimum and conducted in a manner that does not negatively impact the residents or business customers. Height/Stealth Technology and Design The proposed stealth facility is designed to provide wireless telephone coverage through the primarily residential areas within a half-mile radius of the Project Site (Attachment 3). AT&T has demonstrated that the proposed 45-foot height limit is the minimum technologically feasible height necessary to close several gaps in coverage which will result in providing uninterrupted service to their customers. A facility built at the maximum building height (28 feet) would not be as effective at providing coverage to areas beyond the adjacent buildings constructed to the same height. To minimize any visual impact, the facility has been designed as a faux eucalyptus tree to carefully hide and screen the antennae located on the tower (Attachment 4). The location of the facility meets the setback requirements as set forth in the R-1 zoning regulations and will be adjacent to residential neighborhoods to the west, south and east, 200 linear feet, 100 linear feet, and 100 linear feet away, respectively. The closest residential structure to the proposed wireless telecommunication facility is 105 linear feet away to the south. The facility will use a total of twelve (12) panel antennas mounted on the tower that will provide the necessary connections to operate the facility. This facility has been designed and located to meet the current and anticipated needs of the AT&T Wireless network in the area. The associated equipment will be sheltered within a 9-foot-high ground-level CMU wall enclosure, which will be painted neutral earth tones to compliment the faux eucalyptus tower. The establishment of both the tower and enclosure will not remove any existing parking spaces. Collocation Section 19.89.060 of the CVMC states that wireless facilities should allow for collocation to the extent possible. The Applicant searched diligently for collocation opportunities on existing towers within a one-mile radius of the proposed Project Site. The alternatives would either result in new facilities with low cellular coverage, or, non-compliance with the City’s Wireless Ordinance standards. The subject site, along with the use of the tower, was found to be the best option for providing additional wireless services. The additional height and space on the tower will also provide sufficient space for future co-location by other carriers. Page 62 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 4 CONCLUSION Staff has reviewed the Project and determined that it is consistent with the CVMC and the Chula Vista Design Manual. Staff recommends that the Planning Commission adopt the proposed resolution approving the Project, subject to the conditions contained therein (Attachment 5). DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the Planning Commission 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 Planning Commission member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. FISCAL IMPACT All costs incurred processing this application are borne by the Applicant, resulting in no current fiscal impact or ongoing fiscal impact to the Development Services Fund or the General Fund. ATTACHMENTS 1. Location Map 2. Project Plans 3. Coverage Plots 4. Photo Simulations 5. Resolution No. 2023-20 6. Disclosure Statement Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 63 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda H S T G S T F S T THI RD AVI S TSECOND AVFI RST AVM A D R O N A S T S H A S T A S T ELM AVA L V A R A D O S T P A R K W Y R O O S E V E L T S T GLOVER AVCHURCH AVC E N T E R S T PROJECT LOCATION NORTH No Scale JJ:\Planning\Public Notices\CUP\CUP22-0052.pdf SCALE:FILE NUMBER: PROJECT DESCRIPTION: PROJECT ADDRESS: 430 Second Av.Project Summary: Proposed 45' Cell Tower at an Existing Related cases: NoneCUP22-0052 PROJECT APPLICANT:LOCATOR ATT Wireless C H U L A V ISTA D E V EL O P M EN T SER V IC E S D EPA RT M E N T CUP22-0052NORTH Church with a 9' High CMU Wall Equipment Enclosure. CONDITIONAL USE PERMIT Page 64 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda TITLE SHEET T-1.0 REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV PROJECT TEAM DRAWING SYMBOLS GENERAL NOTES DRAWING INDEX VICINITY MAP PROJECT SUMMARY NOT FOR DISCLOSURE OUTSIDE TELECOMMUNICATION CLIENT WITHOUT WRITTEN PERMISSION. CONFIDENTIAL AND PROPRIETARY CHURCH CAL02890-NSB ZONING FA: 15558383 FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 SITE INFORMATION DRIVING DIRECTIONS THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS PROPOSED. REVISION REFER: ELECTRICAL FOR ADDITIONAL SYMBOLS ELEVATION NUMBER SHEET NUMBER FOR ELEVATION DETAIL NUMBER SHEET NUMBER FOR DETAIL # CODE COMPLIANCE PROPERTY OWNER: TOTAL LEASE AREA: STRUCTURE HEIGHT: PARCEL NUMBER: LATITUDE (NAD 83): LONGITUDE (NAD 83): ZONING JURISDICTION: ZONING DISTRICT: OCCUPANCY GROUP: CONSTRUCTION TYPE: OTHER WIRELESS FACILITIES: POWER COMPANY: TELEPHONE COMPANY: THE CHURCH IN CHULA VISTA 430 2ND AVE CHULA VISTA, CA 91910 T-1.0 TITLE SHEET C-1 TOPOGRAPHIC SURVEY A-1.0 OVERALL SITE PLAN A-1.1 ENLARGED SITE PLAN A-2.0 EQUIPMENT PLAN A-3.0 EXISTING AND NEW ANTENNA PLAN A-4.0 ELEVATIONS A-5.0 EQUIPMENT DETAILS A-6.0 LANDSCAPE PLAN X A-X X A-X CONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, TOOLS, TRANSPORTATION, ETC. TO FULLY EXECUTE WORK. WORK REQUIREMENTS DETAILED ON THE DRAWINGS AND SPECIFICATIONS AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ITEMS: ALL NEW EQUIPMENT INDICATED IN DRAWINGS IS AN UNMANNED TRANSMISSION FACILITY FOR TELECOMMUNICATION CELLULAR SERVICES. ·INSTALL (1) NEW AT&T 45'-0" HIGH MONO BROADLEAF ·INSTALL (12) NEW AT&T PANEL ANTENNAS ·INSTALL (9) NEW AT&T RRUS @ ANTENNA LEVEL ·INSTALL (1) 9'-0" CMU EQUIPMENT ENCLOSURE ·INSTALL (1) EMERGENCY GENERATOR INSIDE EQUIPMENT ENCLOSURE ·INSTALL FIBER & POWER CABLE RUN FROM EQUIPMENT TO (N) ANTENNAS ·INSTALL (4) NEW SHRUBS ·INSTALL NEW IRRIGATION LINE THE SIZE, HEIGHT AND DIRECTION OF ANTENNAS SHALL BE ADJUSTED TO MEET SYSTEM REQUIREMENTS. 48 HOURS PRIOR TO DIGGING, CONTRACTOR TO NOTIFY ALL UTILITY COMPANIES TO LOCATE ALL UNDERGROUND UTILITIES. R 2019 CALIFORNIA BUILDING CODE 2019 CALIFORNIA RESIDENTIAL CODE 2019 CALIFORNIA TITLE 24 2019 CALIFORNIA FIRE CODE 2019 CALIFORNIA ENERGY CODE 2019 CALIFORNIA PLUMBING CODE 2019 CALIFORNIA MECHANICAL CODE 2019 CALIFORNIA ELECTRICAL CODE TIA-222 CODE 2019 CBC SECTION 301.4 RESIDENTIAL GROUP R-3 2019 CFC SECTION 1206.11.1 THROUGH 1206.11.10 IN THE EVENT OF CONFLICT, THE MOST RESTRICTIVE CODE SHALL PREVAIL NOTE: Call before you dig. below.Know what's NORTH SITE APPLICANT AGENT: AT&T WIRELESS 7337 TRADE ST. SAN DIEGO, CA 92121 CONTACT: MARCO MENDEZ PHONE: (858) 699-9169 EMAIL: mm0858@att.COM SITE ACQUISITION AGENT: MD7, LLC. 10590 WEST OCEAN AIR DRIVE SUITE 250 SAN DIEGO, CA 92130 CONTACT: ROBERT POLITO PHONE: (858) 291-1915 EMAIL: rpolito@md7.com ARCHITECT: MD7 ARCHITECTURE SERVICES, INC 10590 WEST OCEAN AIR DRIVE SUITE 250 SAN DIEGO, CA 92130 ARCHITECT: MARIO MARTINEZ CONTACT: NICHOLAS BRITT PHONE: (858) 9971011 EMAIL: nbritt@md7.com ZONING MD7, LLC. 10590 WEST OCEAN AIR DRIVE SUITE 250 SAN DIEGO, CA 92130 CONTACT: ROBERT POLITO PHONE: (858) 291-1915 EMAIL: rpolito@md7.com ENGINEER: MAGARAM ENGINEERING, LLC. 4491 HOLLY AVE FAIRFAX, VA 22030 CONTACT: BRETT MAGARAM, PE PHONE: (914) 450-8416 EMAIL: brett@magaramengineering.com RF ENGINEER: AT&T WIRELESS 7337 TRADE ST. SAN DIEGO, CA 92121 CONTACT: JOHN BADILLA EMAIL: jz2861@att.com 624.0 SQ. FT. 45'-0" 568-420-47-00 32° 38' 14.43"N 117° 04' 26.46"W CITY OF CHULA VISTA R-1 UNMANNED, NON-SPRINKLERED II-B NONE SDG&E AT&T FROM AT&T OFFICE: 1.HEAD WEST ON TRADE ST TOWARDS CAMINO SANTA FE 2.TURN LEFT ONTO CAMINO SANTA FE TOWARDS MIRAMAR RD 3.CONTINUE ON MIRAMAR RD TO MERGE 805 N 4.CONTINUE 805 N TO MERGE I-5 N 5.CONTINUE ONTO I-5 N & TAKE EXIT TO 76 6.CONTINUE ON 76 & EXIT ON RANCHO DE ORO RD 7.TURN LEFT ONTO RANCHO DE ORO RD 8.TURN RIGHT ON THE FIRST UNMAMED ROAD ON THE RIGHT 9.CONTINUE ON THAT ROAD & TURN RIGHT AT THE DIRT ROAD AHEAD 10.SITE IS AT THE END OF DIRT ROAD ACROSS A BLDG. Page 65 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 66 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda (E) POLE 88.81TW 87.99NG 98.67NG 121.17 TOP 98.56 TC 119.20 TOP 125.08 TOP 94.55NG 122.05 TOP 90.19NG90 9 5 8 9 91929 3 9 4 96 9 7 98998 8 OVERALL SITE PLAN A-1.01OVERALL SITE PLAN 1"=40'-0" (11x17) SCALE: (OR) 1"=20'-0" (22x34)20'10'020' NORTH REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV GENERAL NOTES THIS IS NOT A SITE SURVEY: THESE DRAWINGS HAVE BEEN CREATED BY INFORMATION GATHERED AT THE SITE, AS-BUILTS PROVIDED BY AT&T AND WITHOUT A SURVEY. PLEASE VERIFY ALL DIMENSIONS, LENGTHS, PROPERTY LINES AND CONDUIT RUNS. ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTH AND STREET HALF-WIDTHS HAVE BEEN OBTAINED FROM A TAX PARCEL MAP AND ARE APPROXIMATE. REFER TO LAND SURVEY FOR COMPLETE SITE INFORMATION. UNDERGROUND UTILITIES: EXISTING UNDERGROUND UTILITIES ARE NOT SHOWN. CONTRACTOR TO LOCATE AND PROTECT ALL EXISTING UNDERGROUND UTILITIES DURING CONSTRUCTION. CONTRACTOR NOTES: 1.CONTRACTOR SHALL REPAIR ALL DAMAGE RESULTING FROM CONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION AT COMPLETION OF WORK. 2.CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES AND EQUIPMENT STAGING LOCATIONS WITH LANDLORD. PROPERTY LINE ROAD CENTERLINE LEGEND (N) AT&T 45'-0" HIGH MONO BROADLEAF WITH ANTENNAS & EQUIPMENT ENCLOSURE AREA (SEE ENLARGED SITE PLAN ON A-2.0) 1 A-2.02ND AVENUEAPN: 586-420-47 (E) SEMI-CIRCLE PERIMETER BLOCK WALL TO BE REMOVED 2 A-4.0 1 A-4.0 PROPE R T Y L I N E 145' 33.56'33.56' PROPE R T Y L I N E 167.15'PROPERTY LINE276.43' PROPE R T Y L I N E 312.01' (E) DRIVEWAY (N) AT&T 12'-0" WIDE ACCESS EASEMENT (N ) S E C T O R " B " 12 0 °(N) SECTOR "A"10°(N) SE C T O R " C " 250°DRAINAGE EASEMENTSWEETWATER AUTHORITY EASEMENTEXISTING U.G. WATER AND POWER(N) 1'-6" BLOCK WALL (E) PARKING LOT 25'-0" FRONT S E T B A C K (N) RF WARNING SIGNAGE AT BASE OF UTILITY POLE (N) RF WARNING SIGNAGE AT BASE OF UTILITY POLE Page 67 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 909 5 8 9 91929 3 9 4 9 6 9 7 98998 8 (N) RF WARNING SIGNAGE AT BASE OF UTILITY POLE ENLARGED SITE PLAN A-1.1ENLARGED SITE PLAN REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV 11/4"=1'-0" (22x34) (OR) SCALE: 1/8"=1'-0" (11x17) 4'2'1'0 NORTH GENERAL NOTES THIS IS NOT A SITE SURVEY: THESE DRAWINGS HAVE BEEN CREATED BY INFORMATION GATHERED AT THE SITE, AS-BUILTS PROVIDED BY AT&T AND WITHOUT A SURVEY. PLEASE VERIFY ALL DIMENSIONS, LENGTHS, PROPERTY LINES AND CONDUIT RUNS. ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTH AND STREET HALF-WIDTHS HAVE BEEN OBTAINED FROM A TAX PARCEL MAP AND ARE APPROXIMATE. REFER TO LAND SURVEY FOR COMPLETE SITE INFORMATION. UNDERGROUND UTILITIES: EXISTING UNDERGROUND UTILITIES ARE NOT SHOWN. CONTRACTOR TO LOCATE AND PROTECT ALL EXISTING UNDERGROUND UTILITIES DURING CONSTRUCTION. CONTRACTOR NOTES: 1.CONTRACTOR SHALL REPAIR ALL DAMAGE RESULTING FROM CONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION AT COMPLETION OF WORK. 2.CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES AND EQUIPMENT STAGING LOCATIONS WITH LANDLORD. PROPERTY LINE ROAD CENTERLINE LEGEND TOTAL LEASE AREA: EQUIPMENT ENCLOSURE : 316 SQ. FT. ANTENNA AREA: 308 SQ. FT. TOTAL: 624 SQ. FT. (N) AT&T OUTDOOR CABINETS (N) EMERGENCY 56"L x 34"W x 99.1"H GENERATOR ON CONCRETE PAD (N) AT&T 45'-0" HIGH MONO BROADLEAF WITH (3) SECTORS ANTENNAS (4) PANEL ANTENNAS PER SECTOR (12) TOTAL (N) AT&T UG ELEC. CONDUIT/CONDUCTORS AND FIBER CONDUIT IN JOINT TRENCH (APPROX. 90')2ND AVENUE(E) UTILITY POLE #P726289 CIR 255-1096 W/ 25KVA TRANSFORMER AND FIBER (NEW FIBER & POWER P.O.C.) (E) TRANSFORMER PEDESTAL, POWER P.O.C. 7'-9" (N) AT&T RRUS AT ANTENNA LEVEL (9) TOTAL 15'-8" 5'-0" (N) S E C T O R " B " 12 0 °(N) SECTOR "A"10°(N) SE C T O R " C " 250° 12'-0" (E) RAW LAND 20'-2" (N) CHAINKLINK TOPPERS FOR SECURITY COVER (N) AT&T METER PANEL, 200A, 120/240V, 1PH, 3 WIRE, 4 CLIP MOUNTED TO EXTERIOR WALL 2 A-4.0 1 A-4.0 5'-0" ±40'-0" (25'-0" M I N . F R O M E D G E O F B R A N C H E S T O O V E R H E A D P O W E R L I N E ) 25'-0" FRONT S E T B A C K (E) SEMI-CIRCLE PERIMETER CURB TO BE REMOVED (E) RAW LAND (E) PARKING LOT (N) AT&T 5'-0" WIDE UTILITY EASEMENT NOTE: PROPOSED CMU WALL ENCLOSURE TO BE PANTED AND TEXTURED TO MATCH EXISTING CHURCH ±13'-0" (N) 9'-0" TALL CMU EQUIPMENT ENCLOSURE ±13'-0" (N) RF WARNING SIGNAGE AT BASE OF MONOBROADLEAF (N) 1'-6" BLOCK WALL TO MATCH EXISTING (E) RETAINING WALL 2 A-5.0 3 A-5.0 1 A-5.0 (E) BLOCK WALL (N) REMOVEABLE BOLLARD 5'-2" 1'-3" Page 68 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 908 9 8 8 EXISTING & NEW EQUIPMENT PLANS A-2.0EXISTING EQUIPMENT PLAN 1PROPOSED EQUIPMENT PLAN 21/4"=1'-0" (11x17) SCALE: (OR) 1/2"=1'-0" (22x34)2'1'6"0 NORTH 1/4"=1'-0" (11x17) SCALE: (OR) 1/2"=1'-0" (22x34)2'1'6"0 REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV NO EXISTING EQUIPMENT PLAN NORTH 15'-8" TYP. 12'-0" TYP. 4'-8" 5'-0" 5'-0"2'-6"20'-2" (N) PURCELL FLX21 OUTDOOR CABINET (N) 9'-0" CMU EQUIPMENT ENCLOSURE W/ DOUBLE SWING W.I. GATE, TYP. (N) EMERGENCY 56"L x 34"W x 99.1"H GENERATOR ON CONCRETE PAD 5'-0" (N) DC-12 ON H-FRAME (N) CHAINKLINK TOPPERS FOR SECURITY COVER 6"3'-5" (N) VERTIV 512 OUTOOD CABINET(N) ELECTRICAL PANEL / ATS / MTS / CAMLOCK (N) AT&T GPS ANTENNA (N) ACCESS GATE (N) TELCO/FIBER BOX ON H-FRAME5'-0" (N) AT&T ELECTRICAL METER NOTE: PROPOSED MONOBROADLEAF NOT SHOWN FOR CLARITY (N) 1'-6" BLOCK WALL (N) MONOBROADLEAF FOUNDATION (BRANCHES NOT SHOWN FOR CLARITY) 1'-3" 5'-3" Page 69 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EXISTING & NEW ANTENNA PLANS A-3.0EXISTING ANTENNA PLANS 1N.T.S. SCALE REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV NEW ANTENNA PLAN (N) AT&T PANEL ANTENNAS (4) TOTAL PER SECTOR, TYP. (12) TOTAL NO EXISTING ANTENNA PLAN 11/4"=1'-0" (11x17) SCALE: (OR) 1/2"=1'-0" (22x34)2'1'6"0 (N) AT&T CROSS ARM ANTENNA MOUNTING ON 45'-0" HIGH MONO BROADLEAF NORTH ANTENNA AND TRANSMISSION CABLE SCHEDULE SECTOR FINAL CONFIGURATION TECHNOLOGY FINAL CONFIGURATION RRU MODEL / QTY. FINAL CONFIGURATION TMA / FILTER MODEL / QTY. FINAL CONFIGURATION TRANSMISSION LINES (SIZE/LENGTH FT ±5')FINAL CONFIGURATION MAKE / MODEL NEW AZIMUTH NEW RAD CENTER ALPHA SECTORA1 LTE 700 /1900/AWS 5G 850/1900/AWS COMMSCOPE NNH4-65C-R6H4 10°40'-0"(1) RRU-4449 B5/B12 (1) RRU 8843 -FIBER A2 ------- A3 5G CBAND ERICSSON AIR 6449 & AIR 6419 10°INTEGRATED WITHIN AIR ANTENNAS -FIBER A4 LTE 700 10°(1) RRU-4478 B14 -FIBER BETA SECTORB1 LTE 700 120°(1) RRU-4478 B14 -FIBER B2 5G CBAND ERICSSON AIR 6449 & AIR 6419 120°INTEGRATED WITHIN AIR ANTENNAS -FIBER B3 ------- B4 LTE 700 /1900/AWS 5G 850/1900/AWS 120°(1) RRU-4449 B5/B12 (1) RRU 8843 -FIBER GAMMA SECTORC1 LTE 700 250°(1) RRU-4478 B14 -FIBER C2 ------- C3 LTE 700 /1900/AWS 5G 850/1900/AWS 250°(1) RRU-4449 B5/B12 (1) RRU 8843 -FIBER C4 5G CBAND ERICSSON AIR 6449 & AIR 6419 250°INTEGRATED WITHIN AIR ANTENNAS -FIBER (N ) S E C T O R " B " 12 0 °(N) SECTOR "A"10°(N) SE C T O R " C " 250° (N) AT&T RRUS, TYP. 3'-0" TYP. 9'-0" TYP. POS. 1POS. 2 POS. 3 POS. 4 POS. 1 POS. 2 POS. 3 POS. 4POS. 1 POS. 2 POS. 3 POS. 4 COMMSCOPE NNH4-65C-R6H4 COMMSCOPE NNH4-65C-R6H4 COMMSCOPE NNH4-65C-R6H4 COMMSCOPE NNH4-65C-R6H4 COMMSCOPE NNH4-65C-R6H4 40'-0" 40'-0" 40'-0" 40'-0" 40'-0" 42'-10" 39'-4" 42'-10" 39'-4" 42'-10" 39'-4" Page 70 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda (N) MONO BROADLEAF FOUNDATION A-4.0 REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV A-4.0 PROPOSED SOUTH ELEVATION 11/16"=1'-0" (11x17) SCALE: (OR) 1/8"=1'-0" (22x34)8'4'2'0PROPOSED WEST ELEVATION ELEVATIONS GENERAL NOTESGENERAL NOTES 1.THIS DRAWING IS FOR COORDINATION PURPOSES ONLY. 2.THE SIZE, HEIGHT AND DIRECTION OF ANTENNAS SHALL BE ADJUSTED TO MEET SYSTEM REQUIREMENTS, RE: CURRENT/FINAL NCR. 3.REFER TO STRUCTURAL (BY OTHERS) FOR ADEQUACY OF STRUCTURE WITH LESSEE'S EQUIPMENT. 4.FOR ANTENNA AND EQUIPMENT DETAILS, REFERENCE CURRENT RF DESIGN AND DETAILS THIS SHEET. FOR MORE INFORMATION REFERENCE STRUCTURAL (BY OTHERS). 5.FOR TRANSMISSION CABLE ATTACHMENT AND ROUTING REFERENCE STRUCTURAL (BY OTHERS). 6.PRIOR TO COMMENCEMENT OF WORK, CONTRACTOR TO CHECK & VERIFY DIMENSIONS & LAYOUT OF EXISTING EQUIPMENT/ANTENNAS AS MARKED ON THE DRAWINGS. REPORT ANY DISCREPANCIES TO THE ARCHITECT OF RECORD IMMEDIATELY. 21/16"=1'-0" (11x17) SCALE: (OR) 1/8"=1'-0" (22x34)8'4'2'0 (N) AT&T PANEL ANTENNAS (4) TOTAL PER SECTOR, (12) TOTAL, TYP. AT&T NEW ANTENNAS RAD CENTER 40'-0" BASE LEVEL TOP OF AT&T NEW ANTENNAS 44'-0" BASE LEVEL EQUIPMENT GRADE LEVEL ELEV. -3'-0" AGL (N) AT&T 45'-0" HIGH MONO BROADLEAF MONO BROADLEAF BASE ELEV. ±0'-0" AGL (E) SLOPE GRADING (N) AT&T FIBER CABLE RUN (N) STUB UP CABLE BOX 15'-8"9'-0"EQUIPMENT GRADE LEVEL ELEV. -3'-0" AGL MONO BROADLEAF BASE ELEV. ±0'-0" AGL9'-0"23'-0"23'-2" (N) AT&T PANEL ANTENNAS (4) TOTAL PER SECTOR, (12) TOTAL, TYP. (N) AT&T 45'-0" HIGH MONO BROADLEAF (N) EMERGENCY 56"L x 34"W x 99.1"H GENERATOR ON CONCRETE PAD (N) AT&T OUTDOOR CABINETS (N) FIBER TRENCH (N) MONO BROADLEAF FOUNDATION (N) AT&T FIBER CABLE RUN (E) SLOPE GRADING TOP OF MONO BROAD LEAF 45'-0" BASE LEVEL (N) 9'-0" TALL CMU EQUIPMENT ENCLOSURE (N) 9'-0" TALL CMU EQUIPMENT ENCLOSURE NOTE: PROPOSED ANTENNAS TO BE PAINTED TO MATCH NEW MONOBROADLEAF COLOR NOTE: PROPOSED ANTENNAS TO BE PAINTED TO MATCH NEW MONOBROADLEAF COLOR 2 A-5.0 3 A-5.0 2 A-5.0 3 A-5.0 1 A-5.0 (N) 1'-6" BLOCK WALL AT&T NEW ANTENNAS RAD CENTER 42'-10" BASE LEVEL AT&T NEW ANTENNAS RAD CENTER 39'-4" BASE LEVEL TOP OF MONOPOLE 43'-0" BASE LEVEL AT&T NEW ANTENNAS RAD CENTER 40'-0" BASE LEVEL TOP OF AT&T NEW ANTENNAS 44'-0" BASE LEVEL TOP OF MONO BROAD LEAF 45'-0" BASE LEVEL AT&T NEW ANTENNAS RAD CENTER 42'-10" BASE LEVEL AT&T NEW ANTENNAS RAD CENTER 39'-4" BASE LEVEL TOP OF MONOPOLE 43'-0" BASE LEVEL Page 71 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda A-5.0 REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV A-5.0 EQUIPMENT DETAILS DUAL TRENCH DETAIL N.T.S. SCALE 1N.T.S. SCALE 3CMU WALL GATE DETAIL NOT USED N.T.S. SCALE 5 NOT USED N.T.S. SCALE 4 CMU WALL DETAIL N.T.S. SCALE 2 2'-0"3'-0" MIN.1'-0"4"4"2"1'-0"3" REPLACE SOD &/OR TOP SOIL TO MATCH EXISTING UNDISTURBED SOIL BACKFILL EARTH TO 90% RELATIVE COMPACTION PER ASTM D1557 UTILITY WARNING TAPE 4" PVC SCH 40 FIBER CONDUIT WHERE APPLICABLE (OR PVC SIZING AS REQ'D PER CABLE SIZE) BACKFILL (SAND OR NATIVE SOIL W/ SAND EQUIVALENT GREATER THAN 30) COMPACT TO 90% RELATIVE COMPACTION PER ASTM D1557 4"3" 3" PVC SCH 40 ELECTRICAL CONDUIT WHERE APPLICABLE (OR PVC SIZING AS REQ'D PER POWER PROVIDER DESIGN) #4 @ 24" O.C. VERTICAL 8"x8"x16" CMU. SOLID GROUT CELLS W/ (1500 PSI CONCRETE COMPRESSIVE STRENGTH AT 28 DAYS) #4 @ 24" O.C. HORIZ. 8" 2 #4 @ 24" O.C. HORIZ. #4 @ 24" O.C. VERT. INTO FOOTING. SEE REBAR DEVELOP DETAIL 2'-0"#4 @ 12" O.C. EACH WAY @ TOP & BOTTOM FINISHED GRADE 8" CMU WALL SOLID GROUTED 3'-6"3" MIN(4) #4 CONTINUOUS @ TOP & BOTTOM 36" MIN.TOP SPLICE3" MIN. 2 X CMU KEY (2) #4 @BOTTOM CMU BLOCK 1'-6"'9'-0"2'-1"11'-0"1'-5" SCARIFY UPPER 6" OF SOIL & RE-COMPACT TO 95% RELATIVE COMPACTION PER ASTM 1557 GROUT CAP (2) #4 @ TOP CMU BLOCK EQ.EQ. FINISHED GRADE 2500 PSI CONCRETE FOOTING (TYP.)PER PLANSWING GATE PER PLANSWING GATE PER PLANCMU WALL PER PLAN CMU WALL PER PLAN GATE POSTCL 1/2"Ø U-BOLT W/MIN. 6" EMBEDDED INTO CMU WALL. A307 PER PLAN6" MIN.HALF-MOON GATE KEEPER FOR PLUNGER ROD GATE LATCH W/MUSHROOM TYPE CATCH GATE LATCH W/ LOCK 5/8" SQ. x 16 GA. TUBULAR STEEL FENCE PICKETS @ 4" OPENING MAX. PINCH TOP ENDS TO DECORATIVE POINT DIAGONAL STEEL SUPPORT ROD 3" SQ. 3/16" TUBULAR STEEL. FENCE POST @ 8'-0" O.C. MAX. 2" SQ. 3/16" TUBULAR STEEL. TOP & BOTTOM RAILS Page 72 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 909 5 8 9 91929 3 9 4 9 6 9 7 98998 8 LANDSCAPE PLAN A-6.0LANDSCAPE PLAN REVISIONS DATEREV.INITIALSDESCRIPTION SHEET NUMBER SHEET TITLE CHURCH CAL02890-NSB 15558383 ZONING FIRST CHRISTIAN CHURCH OF CHULA VISTA 430 "A" 2ND AVENUE CHULA VISTA, CA 91910 "I HEREBY CERTIFY THAT THESE PLANS WERE PREPARED BY ME AND UNDER MY DIRECT SUPERVISION AND THAT I AM DULY REGISTERED ENGINEER UNDER THE LAWS OF THE STATE OF CALIFORNIA"THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.7337 TRADE ST. SAN DIEGO, CA 92121 MD7, LLC 10590 West Ocean Air Dr. Suite 250 San Diego, CA 92130 858·964·7439 SITE INFORMATION 90% ZDs009/13/2022 NAC 90% ZDs109/30/2022 NAC 90% ZDs210/06/2022 NAC REVISED 90% ZDs311/02/2022 JC REVISED 90% ZDs411/10/2022 AF CITY COMMENTS511/16/2022 FR CITY COMMENTS605/09/2023 FR REVISED 100% ZDs706/06/2023 MV 11/4"=1'-0" (22x34) (OR) SCALE: 1/8"=1'-0" (11x17) 4'2'1'0 NORTH IRRIGATION ROAD CENTERLINE LEGEND (N) IRRIGATION SECTION DEMO NOTES ·EXISTING SPRINKLERS - 13 TOTAL ·SPRINKLERS TO BE REMOVED - 1 TOTAL ·PROPOSED IRRIGATION LINE - APPROX. 30' ·EXISTING SHRUBS - 1 TOTAL ·SHRUBS TO BE REMOVED - 1 TOTAL ·PROPOSED SHRUBS - 3 TOTAL ·EXISTING LOW GROUNDCOVER ON HILLSIDE TO BE PROTECTED AND/OR REPLANTED WHERE TRENCHING OCCURS. (E) IRRIGATION SECTION TO BE REMOVED (E) WATER SPRINKLER, (TOTAL OF 12) (E) WATER SPRINKLER TO BE REMOVED (TOTAL OF 1) (N) MONOBROADLEAF FOUNDATION (BRANCHES NOT SHOWN FOR CLARITY) (E) TREE, TYP. (E) PALM TREE (N) SHRUBS (TOTAL OF 4)(E) SHRUB TO BE REMOVED & REPLACED (E) SEMI-CIRCLE PERIMETER BLOCK WALL TO BE REMOVED (N) 1'-6" BLOCK WALL Page 73 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda © 2019 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. CAL02890 Coverage Plots Page 74 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2 © 2019 AT&T Intellectual Property CAL02890 Current Coverage CAL02890 Coverage with Planned Site CAL02890 Page 75 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 3 © 2019 AT&T Intellectual Property CAL02890 Current Coverage CAL02890CAL02890 Project only coverage Page 76 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 430 "A" 2nd Avenue Chula Vista CA 91910 CAL02890 First Christian Church of Chula Vista Accuracy of photo simulation based upon information provided by project applicant. Looking northwest from 2nd AvenueProposed View 1 Existing proposed monobroadleaf proposed equipment xxxxxxxxxxx ©2022 Google Maps Page 77 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Accuracy of photo simulation based upon information provided by project applicant. Looking south from 2nd AvenueProposed View 2 Existing proposed monobroadleaf beyond proposed equipment xxxxxxxxxxx 430 "A" 2nd Avenue Chula Vista CA 91910 CAL02890 First Christian Church of Chula Vista ©2022 Google Maps Page 78 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Accuracy of photo simulation based upon information provided by project applicant. Looking northeast from parking lotProposed View 3 Existing proposed monobroadleaf proposed equipment enclosure proposed equipment xxxxxxxxxxx 430 "A" 2nd Avenue Chula Vista CA 91910 CAL02890 First Christian Church of Chula Vista ©2022 Google Maps Page 79 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Attachment 5 RESOLUTION NO. 2023-20 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT (CUP22-0052) FOR A NEW 45- FOOT FREESTANDING WIRELESS TELECOMMUNICATION FACILITY ON A 2.09 ACRE SITE WITH AN EXISTING CHURCH LOCATED AT 430 SECOND AVENUE WITHIN THE SINGLE-FAMILY RESIDENCE ZONE (R- 1) ZONE AND RESIDENTIAL LOW-MEDIUM (RLM) GENERAL PLAN LAND USE DESIGNATION. WHEREAS, on December 14, 2022, a duly verified application for a Conditional Use Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by AT&T (“Applicant”); Church in Chula Vista is the property owner (“Owner”); and WHEREAS, the area leased by the Applicant, which is the subject of this Resolution, is a portion of a property improved with an existing church at 430 Second Avenue, on the west side of Second Avenue, north of Alvarado Street, and south of G Street (“Project Site”); and WHEREAS, the Applicant requests approval of a CUP to install a new Wireless Telecommunication Facility, consisting of a 45-foot-high freestanding tower structure designed as a eucalyptus tree along with enclosed associated equipment (“Project”); and WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) Section 19.89.060, wireless telecommunication facilities are subject to the height limitation stipulated in the underlying zone; and WHEREAS, the Single-Family Residence Zone (R-1) zone has a maximum building height of 28 feet; and WHEREAS, in accordance with CVMC Section 19.89.060, any wireless telecommunication facilities that exceeds the maximum building height allowed in a particular zone shall require a CUP approved following a public hearing with the City of Chula Vista Planning Commission; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the CUP application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and Page 80 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 2 WHEREAS the Chula Vista Planning Commission has reviewed and considered all materials for CUP22-0052 and the Project, as well as having considered oral testimony and documentary evidence submitted related to CUP22-0052 and this Project; and WHEREAS, as advertised, the hearing was held at 6:00 p.m. on Wednesday, October 25, 2023 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista pursuant to CVMC Section 19.14.080 that it hereby makes the following findings: 1. That the proposed use at the particular location is necessary or desirable t o provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use will provide expanded wireless communication services to the Chula Vista community including, residential and public facilities. The proposed use will include facilities (i.e. a tower with antennas attached) that will exceed 28 feet in height; however, the proposed height is the only technologically feasible option for providing service to the area. Additionally, a facility built at the maximum building height (28 feet) would not be sufficient enough to allow for current or future expansion, and, co-locations with other cellular providers. The Project Site is desirable because it will improve the wireless communication as a public convenience by providing essential communication and improved service in the surrounding area of its location. The use will continue to aid in the general wellbeing of the community by providing a choice in wireless communication reliability in the use’s coverage area. In the event of an emergency or natural disaster, the use will be able to continue to function, which supports the general health, safety, and welfare of the citizens of Chula Vista. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. To minimize any visual impact, the facility utilizes a stealth design and is proposed as a faux eucalyptus tree, complimenting adjacent, existing landscaping, and, to screen any cellular equipment from public view. It will not interfere with any existing activities or conveniences of the public. 3. That the proposed use will comply with the regulations and conditions specified in Title 19 for such use. The use requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the City’s Wireless Ordinance (CVMC 19.89) for the telecommunications facility use. The use will be built in compliance with the City’s Wireless Ordinance development criteria and all other City zoning and building Page 81 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 3 regulations. Additionally, a facility built at the maximum building height (28 feet) would not be sufficient enough to allow for current or future expansion, and, co -locations with other cellular providers. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The integration of wireless facilities with existing uses helps to achieve the Public Facilities and Services Element of the General Plan, including Policy PFS 24.1, regarding installing state-of-the-art wireless facilities, and Policy PFS 24.2, regarding reviewing new telecommunications facilities and requesting siting and design techniques that minimize community impacts. BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, does hereby approve the Conditional Use Permit CUP22-0052, subject to the following conditions: The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall maintain the Project Site in accordance with the approved plans for CUP22-0048, which include site plans and elevation plans on file in the Planning Division, compliance with the conditions contained herein, and CVMC Title 19. 2. The conditions of approval for this Conditional Use Permit CUP22-0052, shall be applied to the subject property until such time as the approval may be revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 3. The Applicant and Owner shall execute this Conditional Use Permit acknowledging that the subject telecommunications use is the only use that has been approved under this permit. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator. 4. The Applicant shall cooperate with telecommunications companies in co-locating additional antennas on the subject property, provided said co-locators have received a Conditional Use Permit from the City for such use. Applicant shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level-or quality- of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Applicant has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of the Applicant. 5. Within 90 days of cessation of the business operations and use of the antennas, the Applicant shall submit a substitute user to the satisfaction of the Development Services Director and/or remove the Project and all associated equipment from the Project Site. If the facility is removed, the Applicant shall restore the Project Site to its original Page 82 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 4 condition. Any changes to this Conditional Use Permit shall require a modification to be reviewed by the Zoning Administrator. 6. The Property Owner and Applicant shall and do hereby agree to timely indemnify, protect, defend and hold harmless the City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) any environmental determinations; (b) the City’s approval and issuance of this Conditional Use Permit; and (c) the City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner’s and Applicant’s compliance is an express condition of this permit and shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 7. The conditions of approval for this Conditional Use Permit shall be applied to the Project Site until such time as the approval may be revoked, and the existence of this approval with the conditions shall be recorded with the title of the property. 8. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 9. This Conditional Use Permit (CUP22-0052) may be reviewed 10 years from the date of approval (October 25, 2033) at which time the Zoning Administrator may review this use for compliance with the conditions of approval and any applicable codes and regulations and shall determine, in consultation with the Applicant, whether the Project shall be modified from its original approval, or revoked, and whether another review shall be necessary for the Project and if so, in what period of time. 10. This Conditional Use Permit (CUP22-0052) shall become void and ineffective if not utilized within three (3) years from the effective date thereof (October 25, 2026), in accordance with CVMC Section 19.14.260. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. I. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any Page 83 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 5 fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. II. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document by signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein, and will implement the same. Upon execution, this document shall be signed and returned to the City’s Development Services Department. ________________________________ _______________________ Signature of Property Owner Date (William Lewallen for The Church in Chula Vista) ________________________________ Printed Name of Property Owner (William Lewallen for The Church in Chula Vista) ________________________________ _______________________ Signature of Applicant Date (Tara Carmichael for AT&T Wireless) ________________________________ Printed Name of Applicant (Tara Carmichael for AT&T Wireless) Page 84 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 6 III. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future buildi ng permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. IV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Approved as to form: _________________________ _____________________ Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 85 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25h day of October 2023, by the following vote, to-wit; AYES: NOES: ABSENT: ABSTAIN: _________________________ Michael De La Rosa, Chair ATTEST: ________________________ Mariluz Zepeda, Secretary Page 86 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Development Services Department Planning Division Development Processing List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. If any person* identified in section 1. above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No If yes, briefly describe the nature of the financial interest the official** may have in this contract. 1. 2. 3. 4. 5. Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 4of9 APPLICATION APPENDIX B Form 320 Rev 07.14 AT&T Wireless N/A N/A MD7, LLC Tara Carmichael 4 N/A N/A Page 87 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Development Services Department Planning Division Development Processing Disclosure Statement - Page 2 Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past (12) months to a current member of the City of Chula Vista Council ? Yes No if yes which council member? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No If yes, which official** and what was the nature of the item provided? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past (12) months? Yes No If yes, which official** and the nature of the item provided? Date Signature of Contractor/Applicant Print or type name of Contractor/Applicant Person is identified as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body. Last Updated: March 16, 2010 6. 7. 8. * ** *** 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 5of9 APPLICATION APPENDIX B Form 320 Rev 07.14 4 N/A 4 N/A 4 M/A 11/30/2022 Tara Carmichael, MD7 LLC, obo AT&T Page 88 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Attachment 5 RESOLUTION NO. 2023-20 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT (CUP22-0052) FOR A NEW 45- FOOT FREESTANDING WIRELESS TELECOMMUNICATION FACILITY ON A 2.09 ACRE SITE WITH AN EXISTING CHURCH LOCATED AT 430 SECOND AVENUE WITHIN THE SINGLE-FAMILY RESIDENCE ZONE (R- 1) ZONE AND RESIDENTIAL LOW-MEDIUM (RLM) GENERAL PLAN LAND USE DESIGNATION. WHEREAS, on December 14, 2022, a duly verified application for a Conditional Use Permit (“CUP”) was filed with the City of Chula Vista Development Services Department by AT&T (“Applicant”); Church in Chula Vista is the property owner (“Owner”); and WHEREAS, the area leased by the Applicant, which is the subject of this Resolution, is a portion of a property improved with an existing church at 430 Second Avenue, on the west side of Second Avenue, north of Alvarado Street, and south of G Street (“Project Site”); and WHEREAS, the Applicant requests approval of a CUP to install a new Wireless Telecommunication Facility, consisting of a 45-foot-high freestanding tower structure designed as a eucalyptus tree along with enclosed associated equipment (“Project”); and WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) Section 19.89.060, wireless telecommunication facilities are subject to the height limitation stipulated in the underlying zone; and WHEREAS, the Single-Family Residence Zone (R-1) zone has a maximum building height of 28 feet; and WHEREAS, in accordance with CVMC Section 19.89.060, any wireless telecommunication facilities that exceeds the maximum building height allowed in a particular zone shall require a CUP approved following a public hearing with the City of Chula Vista Planning Commission; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and has determined that the Project qualifies for a Class 3 Categorical Exemption pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the State CEQA Guidelines. Thus, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing on the CUP application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Page 89 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 2 WHEREAS the Chula Vista Planning Commission has reviewed and considered all materials for CUP22-0052 and the Project, as well as having considered oral testimony and documentary evidence submitted related to CUP22-0052 and this Project; and WHEREAS, as advertised, the hearing was held at 6:00 p.m. on Wednesday, October 25, 2023 in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista pursuant to CVMC Section 19.14.080 that it hereby makes the following findings: 1. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposed use will provide expanded wireless communication services to the Chula Vista community including, residential and public facilities. The proposed use will include facilities (i.e. a tower with antennas attached) that will exceed 28 feet in height; however, the proposed height is the only technologically feasible option for providing service to the area. Additionally, a facility built at the maximum building height (28 feet) would not be sufficient enough to allow for current or future expansion, and, co-locations with other cellular providers. The Project Site is desirable because it will improve the wireless communication as a public convenience by providing essential communication and improved service in the surrounding area of its location. The use will continue to aid in the general wellbeing of the community by providing a choice in wireless communication reliability in the use’s coverage area. In the event of an emergency or natural disaster, the use will be able to continue to function, which supports the general health, safety, and welfare of the citizens of Chula Vista. 2. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. To minimize any visual impact, the facility utilizes a stealth design and is proposed as a faux eucalyptus tree, complimenting adjacent, existing landscaping, and, to screen any cellular equipment from public view. It will not interfere with any existing activities or conveniences of the public. 3. That the proposed use will comply with the regulations and conditions specified in Title 19 for such use. The use requires the Applicant and Property Owner to fulfill conditions and to comply with all applicable regulations and standards specified in the City’s Wireless Ordinance (CVMC 19.89) for the telecommunications facility use. The use will be built in compliance with the City’s Wireless Ordinance development criteria and all other City zoning and building DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Page 90 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 3 regulations. Additionally, a facility built at the maximum building height (28 feet) would not be sufficient enough to allow for current or future expansion, and, co-locations with other cellular providers. 4. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The integration of wireless facilities with existing uses helps to achieve the Public Facilities and Services Element of the General Plan, including Policy PFS 24.1, regarding installing state-of-the-art wireless facilities, and Policy PFS 24.2, regarding reviewing new telecommunications facilities and requesting siting and design techniques that minimize community impacts. BE IT FURTHER RESOLVED that the Planning Commission, based on the Findings above, does hereby approve the Conditional Use Permit CUP22-0052, subject to the following conditions: The following on-going conditions shall apply to the Project Site as long as it relies on this approval: 1. The Applicant shall maintain the Project Site in accordance with the approved plans for CUP22-0048, which include site plans and elevation plans on file in the Planning Division, compliance with the conditions contained herein, and CVMC Title 19. 2. The conditions of approval for this Conditional Use Permit CUP22-0052, shall be applied to the subject property until such time as the approval may be revoked, and the existence of this approval with conditions shall be recorded with the title of the property. 3. The Applicant and Owner shall execute this Conditional Use Permit acknowledging that the subject telecommunications use is the only use that has been approved under this permit. Any new use or modification/expansion of uses shall be subject to the review and approval of the Zoning Administrator. 4. The Applicant shall cooperate with telecommunications companies in co-locating additional antennas on the subject property, provided said co-locators have received a Conditional Use Permit from the City for such use. Applicant shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level-or quality- of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Applicant has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of the Applicant. 5. Within 90 days of cessation of the business operations and use of the antennas, the Applicant shall submit a substitute user to the satisfaction of the Development Services Director and/or remove the Project and all associated equipment from the Project Site. If the facility is removed, the Applicant shall restore the Project Site to its original DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Page 91 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 4 condition. Any changes to this Conditional Use Permit shall require a modification to be reviewed by the Zoning Administrator. 6. The Property Owner and Applicant shall and do hereby agree to timely indemnify, protect, defend and hold harmless the City, its City Council members, Planning Commission members, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney fees (collectively, “liabilities”) incurred by the City arising, directly or indirectly, from (a) any environmental determinations; (b) the City’s approval and issuance of this Conditional Use Permit; and (c) the City’s approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated herein. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. The Property Owner’s and Applicant’s compliance is an express condition of this permit and shall be binding on any and all of the Property Owner’s and Applicant’s successors and assigns. 7. The conditions of approval for this Conditional Use Permit shall be applied to the Project Site until such time as the approval may be revoked, and the existence of this approval with the conditions shall be recorded with the title of the property. 8. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and/or the revocation or modification of this permit. 9. This Conditional Use Permit (CUP22-0052) may be reviewed 10 years from the date of approval (October 25, 2033) at which time the Zoning Administrator may review this use for compliance with the conditions of approval and any applicable codes and regulations and shall determine, in consultation with the Applicant, whether the Project shall be modified from its original approval, or revoked, and whether another review shall be necessary for the Project and if so, in what period of time. 10. This Conditional Use Permit (CUP22-0052) shall become void and ineffective if not utilized within three (3) years from the effective date thereof (October 25, 2026), in accordance with CVMC Section 19.14.260. Failure to comply with any conditions of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. I. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Page 92 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 5 fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. II. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document by signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood, and agreed to the conditions contained herein, and will implement the same. Upon execution, this document shall be signed and returned to the City’s Development Services Department. Signature of Property Owner Date William Lewallen for The Church in Chula Vista) Printed Name of Property Owner William Lewallen for The Church in Chula Vista) Signature of Applicant Date Tara Carmichael for AT&T Wireless) Printed Name of Applicant Tara Carmichael for AT&T Wireless) DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Tara Carmichael 10/30/2023 10/31/2023 Page 93 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 6 III. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. IV. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect. Presented by: Approved as to form: Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Page 94 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PC Resolution No. 2023-20 October 25, 2023 Page 7 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 25h day of October 2023, by the following vote, to-wit; AYES: Burroughs, Combs, De La Rosa, Felber, Leal, Torres, Zaker NOES: ABSENT: ABSTAIN: Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Secretary DocuSign Envelope ID: D2DB0EC6-D12E-47FB-B837-C9C0A101C080 Page 95 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Adopt a resolution approving Design Review Permit (DR23-0010) and Intensity Transfer of 112 units, based on findings and subject to conditions contained therein . Result: Carried 7-0-0 5.3 Conditional Use Permit for a 45-Foot Freestanding Wireless Telecommunication Facility on a 2.09-acre Parcel With an Existing Church Within the Single-Family Residence (R-1) Zone. Located at 430 Second Avenue. Moved by Leal Seconded by Combs Adopt a resolution approving Conditional Use Permit (CUP22-0052), based on the required findings and subject to conditions contained therein. Result: Carried 7-0-0 Two public comments were submitted in opposition of item : -W. Daley -M. Daley 6. ACTION ITEMS 6.1 Approval of Meeting Minutes Moved by Burroughs Seconded by Leal Approve the minutes dated: October 11, 2023. 6.2 Written Communications Moved by Leal Seconded by Combs Result: Carried 6-0-1 Request for the Commission to excuse the absences. 3 Page 96 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Public comment received for Item 5.3 (430 Second Av CUP) for the 10/25 PC Meeting; see below. Thanks! -Chris Chris Mallec, AICP | Senior Planner City of Chula Vista | Development Services Department 276 Fourth Avenue, Bldg. C | Chula Vista | CA | 91910 Main: (619) 691-5101 | Direct: (619) 409-5420 cmallec@chulavistaca.gov From: Barrett < Sent: Monday, October 23, 2023 10:58 AM To: Christopher Mallec <cmallec@chulavistaca.gov> Subject: 45 foot freestanding wireless tetecommunication facility to be located at 430 Second Avenue, Chula Vista, Ca WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mr. Mallec, Regarding the application for a Conditional Use Permit of a new 45 foot freestanding wireless telecommunication facility on the property located at 430 Second Avenue, Chula Vista, Ca WE ARE DEFINITELY OPPOSTED TO THIS PROJECT # CUP22-0052 We have owned our property in this neighborhood for 70 years and feel this request for a telecommunication tower is totally out of character for a residential community. It is even an insult for the City of Chula Vista and the Church to consider it would be appropriate in this neighborhood! Thank you for not considering issuing this permit at 430 Second Avenue, Chula Vista, CA Sincerely, Glenn and Lorna Barrett You don't often get email from. Learn why this is important Page 97 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda -----Original Message----- From: Christopher Mallec <cmallec@chulavistaca.gov> Sent: Monday, October 23, 2023 12:31 PM To: Mariluz Zepeda <Mzepeda@chulavistaca.gov> Cc: Laura Black <lblack@chulavistaca.gov>; Marc Cass <MCass@chulavistaca.gov>; Todd Philips <Tphilips@chulavistaca.gov>; Desmond Corley <dcorley@chulavistaca.gov> Subject: FW: Wireless telecommunications tower No Vote Comment received (below) for (430 Second Av CUP) for the 10.25 PC Meeting. Thanks! -Chris Chris Mallec, AICP | Senior Planner City of Chula Vista | Development Services Department 276 Fourth Avenue, Bldg. C | Chula Vista | CA | 91910 Main: (619) 691-5101 | Direct: (619) 409-5420 cmallec@chulavistaca.gov -----Original Message----- From: Tim Dixon < > Sent: Monday, October 23, 2023 12:17 PM To: Christopher Mallec <cmallec@chulavistaca.gov> Subject: Wireless telecommunications tower No Vote [You don't often get email from . Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] 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 Chris Thank you for returning my call. I am the owner of record of 194 G Street 91910. I head what you said that the FCC considers the 45 foot tower safe, but it is too close to my home and I am concerned about health issues in the future if the tower is put up on 430 Church Avenue. I am submitting this email to you as a NO vote for the proposed communications tower. Please email me the results of the hearing. You may share my concern at the hearing. Thank you. Timothy Bruce Dixon Sent from my iPhone Page 98 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 1 of 6 Chula Vista Planning & Zoning Commission 276 Fourth Avenue Chula Vista, CA 91910 October 25, 2023 RE: Project # CUP22-0052, Public Hearing October 25, 2023 at 6:00 p.m. Dear Chair De La Rosa and Commission Members, I am writing to you today to request your denial of Project # CUP22-0052, denial of Resolution 2023-20, and denial of a conditional use permit for a new 45-foot freestanding wireless telecommunication facility located at 430 Second Avenue within the single-family residence zone. As you make your decision, it is important to bring forward information that needs to be considered. Contrary to the staff report presented to you in your meeting packet, I would like to communicate how the findings in the Chula Vista Municipal Code have not been met and why the project should be denied. Pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.080, Conditional use permit – Prerequisites for Granting, the following findings need to be considered: 1. That the proposed use at the particular location is not necessary or desirable to provide a service or facility and does not contribute to the general well-being of the neighborhood or the community. We do not have a gap in cell service at our “particular location,” nor do we have a problem reaching emergency services for our well-being. Our well-being is good without the cell tower. The fact that this proposed tower will exceed the City’s height restriction of 28 feet, by 17 feet, for a total of 45 feet, because as stated in the staff report, “the proposed height is the only technologically feasible option for providing service to the area” proves that this “particular location” is not the location for the tower. It would make more sense for the applicant to find a location closer to the actual area lacking service, if indeed there is one, which would not require such an intrusive height. I am confident that they can find such a location. The project site is not desirable. A 45-foot cell tower, no matter how much you try to disguise it – is a 45-foot cell tower, planted in the middle of a residentially zoned street, adjacent to single-family residences on all sides of the property. It is also not desirable to have this site be a co-location site to justify additional cell towers at the same location. What is desirable is that they find an existing cell tower to co-locate with. I am confident they can find such a tower. Within blocks of this particular location one can find commercial and industrial zoned locations that would be more suitable for a cell tower. In fact, AT&T has several office locations in Chula Vista. They should consider putting their tower on their roof. I would encourage the City to have a third-party expert prove the existence of a coverage gap, rather than having the applicant’s expert, who is paid by the applicant, prove that. Page 99 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 2 of 6 2. Such use, under the circumstance of this particular case, will be detrimental to the health, safety and general welfare of persons residing in the vicinity, and is injurious to property and improvements in the vicinity. Commission Members, if you haven’t already done so, I encourage you to physically visit this residential location, of homes built in the 1950s, stand in our yard, look out our bedroom window, drive by it every day to work and on your way home from work. It will give you a better understanding of why this intrusive cell tower is not desirable and how it will have a detrimental effect on our general welfare and quality of life. Just the fact that this is even being considered is hard to stomach. We live in a residential zone for a reason. Homeownership is not cheap. When you work hard and sacrifice to be deliberate in where you purchase your home and raise your kids, you have more dependence on city leadership to protect your single-family residential zone. Clearly, just the idea of this proposed project has impacted my welfare already, so much so that I am writing a six-page letter to you to express my unhappiness with this proposal and justify the need for opposition. This proposal does not make me happy. It makes me sad. If approved, it will change the landscape of our neighborhood and character of our community. The location of the tower is visually unappealing and too close to residential properties. The more we let commercial and industrial activities encroach into our residential areas, the more unrecognizable our community becomes and the more we get away from preserving the community character. The zoning ordinance exists for a reason. It is to encourage smart growth and smart development. It offers some security in knowing what we are purchasing when we make the biggest purchase of our lives, when we determine where we will raise our kids. Our world can get a bit shaken up when we start to disregard those specified zoning areas and city plans and the impacts become detrimental. I am aware that the Commission cannot consider concerns about radio frequency emissions and the impact on health, but the Commission should certainly ask if the proposed cell tower complies with the Federal Communications Commission’s radio frequency emission. Since we can’t consider the impact on our physical health that the cell tower will have on those of us living next to the cell tower, the impact on our mental health needs to be considered. Our environment has an impact on our mental health. Every day when I walk my dog by that area, when I drive by that area on my way home from work, when I look out my bedroom window, when I’m in my yard enjoying my garden, I will not have the luxury of being new, of not knowing any different – no, I will know how it was before the intrusive cell tower arrived. That will have an impact on my mental health and those of us who have been here long enough to know the difference. Diagnosis exists for electromagnetic hypersensitivity that is caused by these cell phone towers, which can cause difficulty in sleeping, headaches, vomiting and diarrhea. With this in close proximity to our homes there will be the impact of constant noise from a generator or emergency generator that will be running that will disturb the quiet of the neighborhood and again, impact mental health and quality of life. Having a 45-foot cell tower adjacent to our homes will affect the property values of our homes. The US Department of Housing and Urban Development (HUD) guidelines categorize cell towers with hazards and nuisances. HUD (the government) requires its certified appraisers to Page 100 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 3 of 6 take the presence of nearby cell towers into consideration when determining the value of a single-family residential property. HUD prohibits the Federal Housing Authority underwriting of mortgages for homes that are within the engineered fall zone of a cell tower. (https://archives.hud.gov/offices/hsg/sfh/ref/sfh1-18f.cfm) The National Business Post writes that “In 2014, the National Institute for Science, Law and Public Policy (NISLAPP) wrote a report called, ‘Neighborhood Cell Tower’s and Antennas – Do They Impact a Property’s Desirability?’ In it, it concluded that homebuyers and renters are less interested in properties close to cell towers and antennas. ‘Ninety-four percent of homebuyers and renters said a nearby cell tower or group of antennas would negatively impact interest in a property or the price they would be willing to pay for it. Documentation of a price drop of up to 20% is found in multiple surveys and published articles.’ (https://www.nationalbusinesspost.com/cell- towers-impact-home-values/) There is no denying this affects the property values of our homes and creates material injury. What else will they put on the tower besides wireless antennas? Once you allow this, the floodgates open. A structure like this invites crime with it and jeopardizes safety. It becomes an easy target for climbing, vandalizing, graffiti, and these days, I wouldn’t be surprised if some have become alternative housing sites for our homeless population. The City is well aware of the potential for this, especially if there is a need to note in the City’s Wireless Te lecommunications Facilities section of the CVMC how to avoid such things. There is potential for this 45-foot structure to collapse upon those of us who live next to it and who are in the fall zone of the tower. There is potential for a gust of wind to blow off the fake branches of the structure and cause injury to our properties. In the event of a collapse, it would not be contained on the subject property. This intrusive structure will become a new threat to our safety. Again, the proposed cell tower would be detrimental to the public health, safety, and welfare, and materially injurious to properties and improvements in the vicinity because it would be located adjacent to, and completely surrounded by, residential homes. 3. That the proposed use does not comply with the regulations and conditions specified in Chapter 19 of the CVMC for such use, specifically regarding wireless telecommunications facilities. The proposal is in conflict with 19.89.060 Development Criteria, “Wireless telecommunications facilities are subject to the height limitation stipulated in this title and shall be as short as technologically feasible.” I do not believe the applicant has demonstrated that the proposed height, which is 17 feet above the City’s height restriction, is the only technologically feasible option for providing service. The proposal is in conflict with 19.89.060 Development Criteria, “The facility shall use and maintain the physically smallest practical devices to achieve the needs of the wireless telecommunications network. The facility shall use and maintain the most efficient devices to achieve the needs of the wireless telecommunications network. In this context, ‘most efficient’ means using the smallest number of facilities needed to achieve the needs of the network.” The applicant has not demonstrated that this is the smallest practical device. Page 101 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 4 of 6 The proposal is in conflict with 19.89.060 Development Criteria, “The facility shall be designed to be visually unobtrusive and blend into the surrounding area in a manner compatible with the local community character.” It is a 45-foot cell tower with all single-family residences adjacent to it. Not only is it not compatible with the local community character of the 1950s homes but it will also change the landscape of the single-family residential area with a negative impact on the community character. The proposal is in conflict with 19.89.060 Development Criteria, “Wireless telecommunication facilities shall be co-located to the extent practicable.” There is not an existing cell tower at this site, this is not an example of co-locating. Sufficient proof has not been demonstrated that the applicant has had communications with several existing cell site locations in an attempt to co- locate. The proposal is in conflict with 19.89.060 Development Criteria, “Co-location is discouraged, but not prohibited, for sites located on a residential lot in a single-family or two-family residential zone.” In looking at the staff report in the meeting packet on page 3 it states, “The additional height and space on the tower will also provide sufficient space for future co-location by other carriers.” That does not sound like discouragement of co-location in a single-family residential zone. Instead, it sounds like staff is using it as a selling point, a benefit. The proposal is in conflict with 19.89.060 Development Criteria, “All components of all wireless telecommunications facilities shall meet the setback requirements of the zoning district in which it is proposed to be located.” The setbacks are based on the City’s 28-foot height limit. Setbacks should be adjusted to accommodate the additional 17 feet in height above the 28-foot height limit. The proposal is in conflict with 19.89.060 Development Criteria, “Freestanding facilities, including ground-mounted antennas and monopoles, are discouraged and may be used only when no other alternatives is feasible. When allowed, freestanding facilities shall be designed to the minimum functional height and width. Lattice towers are prohibited.” The proposed cell tower is a freestanding facility. It is also 45 feet in height. They have not proven that no other alternatives are feasible. Commercial zoned areas are in very close proximity, which would be better suited for this project. Have they shown their attempt to locate on existing structures? A new tower is not preferred in a single-family residential zone. The proposal is in conflict with 19.89.060 Development Criteria, “All equipment shall be placed completely underground when feasible or located inside an existing building.” It has not been demonstrated that it is not feasible to put the equipment underground. The proposal is in conflict with 19.89.060 Development Criteria, “All wireless telecommunication facilities shall be accessed from nonresidential streets or rights-of-way to the maximum extent practical.” It is a single-family residential area, therefore in conflict. Again, they can find more suitable locations within a few blocks that are zoned commercial. 4. The granting of this conditional use will adversely affect the General Plan of the City. Page 102 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 5 of 6 This proposed project area, Council District 2, certainly is not a “new” part of ever-growing Chula Vista. This is the street that my dad grew up on in the 1950s, the neighborhood where my parents went to St. Rose of Lima school and where my family grew up. It is not that I am opposed to growth and development. I am supportive of smart growth and smart development, development that is not detrimental to the health, safety, and general welfare of our citizens. Chapter 4 of the City’s General Plan, Theme 3, Strong and Safe Neighborhoods conflicts with approval of this cell tower. As stated in the General Plan, “Chula Vista is a diverse, yet integrated, community that celebrates its neighborhoods as the building blocks that make it a great place to live.” Theme 5, Health and Sustainable Community, states, “Chula Vista is committed to the health and well being of all of its residents… The adoption of policies and programs that promote the health and well-being of all citizens is a high priority.” Land Use and Transportation Element, Chapter 5, Community Image and Character, states, “…the issue of community character will be of key importance as we work to strike an acceptable balance between the new projects and activities… it means being in touch with how physical changes will affect the buildings next door or across the street; and it means protecting the City’s cultural and historical ‘personality.’” Land Use and Transportation Element, Chapter 5, states “the quiet single-family neighborhood, with tree-lined streets has been recognized through surveys and public input as an important characteristic of the City.” Environmental, Chapter 9 states, “Provide a healthy and sustainable community through the improve health of all citizens, environmental justice, the responsible stewardship of Chula Vista’ natural and cultural resources, promotion of environmental health and protection of persons and property from environmental hazards and the undesirable consequences of noise.” Growth Management, Chapter 10 states that a goal is to, “direct and coordinate growth and development in ways that maintain and consistently endeavors to improve the quality of life for current and future residents of Chula Vista.” My intent is to just show from these statements within the City’s General Plan that an approval of such a project would conflict with the goals and themes of the Plan, especially for a single-family residential neighborhood. 5. That the property owner is not trustworthy in following conditions outlined by the City as they have recently had an ongoing zoning violation for the last two years at this specific property. The property owner cannot be trusted to follow any conditions the City requires. They have recently violated the City’s Zoning Ordinance, which was ongoing for two years. Even when the City brought it to the property owner ’s attention that the City was investigating it, they continued to violate the zoning ordinance. They were making plenty of money off their zoning violation activity that a threat of having to pay City fines for the zoning violations was not going to motivate them to stop. I emailed Mr. Malloc on March 9, 2023, expressing my opposition to the proposed cell tower and making him aware of the ongoing zoning violations in which we were in communication with the City Code Enforcement Officer, Mariza Cantwell on. At that time, Mr. Malloc was not aware of the City zoning violations occurring at the property. It was the fact that the property owner’s Page 103 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 6 of 6 ongoing zoning violation was jeopardizing their chance of getting approval for the cell tower conditional use permit that motivated them to come into compliance with the City’s Zoning Ordinance. I imagine they may see this as a better revenue source for themselves. I do not think they should be rewarded for their unethical behavior and blatant disregard for the City’s Municipal Code and Zoning Ordinance, especially at the expense of all their neighbors who have already endured such un-neighborly behavior. Please do not let the guise of this “religious facility” classified for purposes of property tax exemptions fool you for the illegal commercial operations that have been taking place at the property. Making money is what is motivating the property owner to have a cell tower at this particular location – it is not to improve services and improve the welfare of the community. This is proven if you look through the materials from the zoning violation case with the City. This is substantial proof of the property owner ’s disregard for any City conditions, ordinances or plans. Please note that I did request for my email I sent to Mr. Malloc on March 9 regarding my opposition to the cell tower with all the communications and documents pertaining to that zoning violation, be part of the record for this case. I hope that has been included in your materials for this public hearing, as that is intended to provide evidence to this statement. Lastly, in addition to the Findings of Fact, there are two additional considerations for the Commission to consider based on Federal Statutes of the Telecommunications Act: • Has the Applicant demonstrated there is a significant gap in coverage? Again, I believe it would be beneficial for an expert that is not paid by the applicant to be consulted on that. Up to this point has the City received phone calls from residents about concerns with a lack of cell phone coverage in this area? Did AT&T approach the property owner regarding the proposal of a cell tower at this site or did the property owner approach AT&T and propose this site? The residential area in which the applicant claims cell service would be improved is already adequately served. • Is the proposed tower the Least Intrusive Means of addressing the coverage gap, if a coverage gap even exists? Has the applicant shown a lack of available and technologically feasible alternatives to the proposed cell tower? Considering this is a single-family residential zone, it is appropriate to ask the applicant to study alternative sites, alternative designs and alternative technologies. The applicant should show a meaningful comparison of various sites. This has not been accomplished, and the applicant has failed to provide evidence supporting a finding that a tower at the proposed site would be the least intrusive means of bringing further coverage to the area. We hope you will consider our objections to the location of this proposed cell tower. We strongly believe the proposed location of this tower will have an adverse effect on the daily lives of everyone subjected to its existence if allowed to be constructed at this location. It is respectfully requested that the Planning Commission deny Project # CUP22-0052, deny Resolution 2023-20, and deny the conditional use permit for a new 45-foot freestanding wireless telecommunication facility located at 430 Second Avenue within the single-family residence zone. Thank you for your consideration. Lindsay Daley and several Daley family members, Del Mar Ct., Chula Vista Page 104 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 105 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 106 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 2 of 2 Page 107 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 108 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 109 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 110 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 1 of 5 Email Correspondence with the City of Chula Vista Regarding 430 Second Avenue Zoning Violation January 17, 2023 – March 9, 2023 Lindsay Daley To:Mariza Cantwell Cc:Brian Catacutan,Heather Daley,William D. Daley,Kelly,Michael Daley Thu, Mar 9 at 12:38 AM Good Evening Ms. Mariza Cantwell, Thank you for taking the time to speak with me on Tuesday, March 7 regarding the zoning violation case for situs address 430 Second Ave. As I mentioned in our phone conversation, I wanted to follow-up with an email to you to provide you the pictures taken on March 7, 2023. I also want to make sure that I continue communication an d stay aware of the status of this zoning violation case. I have attached the photos taken March 7. From what I have witnessed, the violators seem to have brushed aside the City's deadline of February 27 to come into voluntary compliance regarding the violation. In fact, they have continued to add additional material and machinery rather than stop taking in additional equipment and working to remove what was there when they received the Notice of Violation. With the beginning of a new month coming and going, it is clear that they have no intention of removing what is currently on the site, as they have now been paid for the month for the use of their property for this additional equipment. I would like to also state that I hope the inconvenience of an interr uption in their illegal business operation to make money, is not given any weight by the City to provide any sort of flexibility or leniency in the timeframe the violators should be following to come into compliance, especially since the property owner currently benefits from property tax exemptions seeing as the land use is designated as a “religious facility.” You mentioned that the property owners now have 60 days from March 6, 2023, to remove everything from the site before the City then starts implementing fines for the violation. You also mentioned that the March 6 date is because that is when the property owner provided notice to the tenant. I know you didn’t seem to believe me when I stated that this violation has been ongoing for about a year, but if you look at the date that their advertisement was created, it is from 1/14/22. There were calls made to the City regarding the violation prior to the ones I made in January 2023. I do have a concern for health and safety due to what they are bringing in and storing on the property. I am concerned that the industrial equipment exposed may be creating a danger to those attending “church services.” Likely there are OSHA violations that are occurring on what could now be deemed a construction site. I also have concerns if there are any hazardous materials being stored there or any contamination occurring as porta potties are lined along the back of the property that border homes. I am also wondering if this large equipment and material is in any sort of floodplain or obstructing any drainage. I would like to make you aware that after we spoke on the phone, I found out that there has been an application for a conditional use permit submitted to the City Planning Division for a cell tower at the same site (CU P2022- 0052). The violators are now applying for a CUP for another operation on the site, while continuing to blatantly violate the residential zoning with all the industrial equipment they are storing as a commercial business on the site. I plan to inform the Project Manager, Chris Mallec, with the City Planning Division of my concerns regarding their application as well as the ongoing violation that is already occurring at the site, which has proven their lack of effort to be good neighbors. There is no way they can now be trusted to follow any sort of conditions set forth in a permit. They have no regard for what they have put my family and all the neighbors through, while negatively impacting quality of life and impacting property values for those surrounding them in this residential zone. I also plan to communicate my opposition to the Planning Commission as well as City Council in anticipation that if they are granted a CUP, I will appeal it to the City Council. I plan to put an information request in to the City Clerk to obtain records regarding the property, the violation, and the communications among City staff and with the property owners and tenants for my own documentation. I understand this may be a long road and one that will require my persistence. Page 111 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 2 of 5 If there is anything I can do that will help expedite enforcement, please let me know. Thank you for your work in assisting us on this issue. Lindsay RE: 430 Second Ave. Chula Vista Zoning Violation Mariza Cantwell mcantwell@chulavistaca.gov To:'michael daley' Cc:,Brian Catacutan,Heather Daley Mon, Feb 27 at 11:07 AM Good morning Mr. M Daley, I’ve conduct a follow up inspection today and currently working with a representative from the Church. The case remains open. Thank you, Mariza Cantwell Code Enforcement Officer City of Chula Vista 276 Fourth Ave. Building B Chula Vista, Ca. 91910 mcantwell@chulavistaca.gov 619-409-5918 From: michael daley Sent: Friday, February 24, 2023 11:41 AM To: Mariza Cantwell <MCantwell@chulavistaca.gov> Cc: Brian Catacutan <BCatacutan@chulavistaca.gov>; Heather Daley Subject: 430 Second Ave. Chula Vista Zoning Violation Hello Ms. Cantwell, My sister, Lindsay Daley, informed you of a zoning violation at 430 Second Ave in the back of the church located at that address. She forwarded me your communication, and I wanted to follow up on it because I believe you mentioned there is a notice to abate on February 27th. Have they responded? I ask because it looks like they are adding more industrial equipment to the site rather than detracting from it. It looks like a full construction site now with heavy equipment and trucks and tractors going at all hours of the day. Please let us know if there any updates or a response to resolve this violation. Thank you, Michael Daley Page 112 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 3 of 5 From: Mariza Cantwell <MCantwell@chulavistaca.gov> Date: February 13, 2023 at 8:17:30 AM MST To: Lindsay Daley , Brian Catacutan <BCatacutan@chulavistaca.gov> Subject: RE: 430 Second Ave, Chula Vista - zoning violation Good morning Ms. L. Daley, The Notice of Violation went out this past Thursday February 9th and notice to abate is the 27th of February. Board member has been advice and is cooperating. Thank you, Mariza Cantwell Code Enforcement Officer City of Chula Vista 276 Fourth Ave. Building B Chula Vista, Ca. 91910 mcantwell@chulavistaca.gov 619-409-5918 On Thu, Feb 9, 2023 at 4:45 PM Lindsay Daley wrote: Good Evening Brian and Mariza, Can you please let me know the date as to when the City of Chula Vista sent the property owner at 430 Second Ave. a formal Notice of Violation? I have not heard anything and am hoping I can get an update as to any information pertaining to this case and whether the property owner is cooperating. Thank you, Lindsay Daley ( On Thursday, January 19, 2023 at 04:47:34 PM MST, Lindsay Daley > wrote: Thank you Brian and Hello Mariza! Mariza if you have any questions for me or need any additional information you can contact me at I would appreciate it if you can let me know when the Notice of Violation is sent to the property owner so that we are aware of the 30 day timeline as to when they should come into compliance voluntarily. Thanks again, Lindsay On Thursday, January 19, 2023 at 04:38:13 PM MST, Brian Catacutan <bcatacutan@chulavistaca.gov> wrote: Hi Lindsay, Thank you for providing the attached information. Page 113 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 4 of 5 I’ve copied the assigned Code Enforcement officer, Mariza Cantwell, who can be your point of contact moving forward. Regards, Brian Catacutan, CCEO Senior Code Enforcement Officer Development Services Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 (619) 585-5776 Bcatacutan@chulavistaca.gov From: Lindsay Daley <l > Sent: Thursday, January 19, 2023 3:33 PM To: Brian Catacutan <BCatacutan@chulavistaca.gov> Subject: Fw: 430 Second Ave, Chula Vista - zoning violation Mr. Catacutan, thank you so much for talking to me today. I am glad to hear a case is open on this zoning violation at 430 Second Ave. Please see below my attachments to the email that shows the photos as well as the advertisement online where they are leasing the space. I understand that the property owners will be given 30 days from the notice of violation to voluntarily come into compliance by removing the material, before the City starts the fine process. I appreciate your time and the information you provided me today. Happy New Year! Lindsay ----- Forwarded Message ----- From: Lindsay Daley > To: planning@chulavistaca.gov <planning@chulavistaca.gov> Sent: Tuesday, January 17, 2023 at 04:21:26 PM MST Subject: 430 Second Ave, Chula Vista Good Afternoon Chula Vista Planning Department, I have concerns regarding activity at situs address 430 Second Avenue, Chula Vista. There is a church on the property; however, there has been recent activity on the property in which industrial type structures and materials have been placed and stored at the backside of the property along the border of my family's residence/property. This has also evolved into early morning noise with the beeping of equipment moving around the property. In looking at your planning website, it shows that this parcel is zoned R1 (Single Family Residence Zone). The activity taking place at the address does not seem to fall within what this zoning would allow. If the property owners for 430 Second Avenue sought any type of rezoning or conditional use permit from the City of Chula Vista, which may have been granted, then I would like to know that and I would like to get whatever notification was sent out to the surrounding residents notifying them of such a change and their opportunity to comment at a public hearing, as my family did not receive such a notice. If this is the case, and the property owner is allowed to use the property in such a way, then I would like to know what conditions are in place to allow for thi s use, such as noise restrictions, height of material, fencing requirements, hours of operation, etc. If the activity at this property that I am describing is not allowed under what it is zoned for, then I am requesting that a zoning inspector visit the site as zoning violations are occurring. I have attached photographs of what I see directly behind my family's home. I have also attached an advertisement found online in which they are advertising the Page 114 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 5 of 5 property at 430 Second Ave for lease for such activity - the website link for it is at the top of the attachment. I appreciate any information you can provide me regarding the property and it's allowed uses. Thank you, Lindsay Daley Page 115 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 1 of 1 NOTICE Received from the City of Chula Vista Regarding 430 Second Ave, Chula Vista March 7, 2023 Page 116 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda From: Lindsay Daley < Sent: Wednesday, October 25, 2023 12:55 PM To: Planning Commission <PC@chulavistaca.gov>; William D. Daley < >; Michael Daley < > Subject: Opposition to CUP2022-0052 Public Hearing Oct. 25, 2023 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 Hello Mr. Mallec and Planning Commission staff, Unfortunately your comment portal had a character limit and I had a lot more to say than 1500 characters. I have attached my letter in opposition to CUP22-0052 as well as the documents for supporting my letter. I am sick and unable to attend the meeting in-person tonight, but will be on virtually, and have planned for my brother to also speak on my behalf at the hearing. Thank you, Lindsay Daley You don't often get email from Learn why this is important Page 117 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda From: donotreply@escribemeetings.com <donotreply@escribemeetings.com> Sent: Monday, October 23, 2023 11:48 AM To: Laura Black <lblack@chulavistaca.gov> Subject: Public Comment Received 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 User Kevin McPeak has enter the following comment(s): As a 20-year resident of Chula Vista and a 13-year property owner on Second Avenue, I wish to express my opposition to the proposed installation of a telecommunications facility to be located at 430 Second Avenue in Chula Vista. Were this project to be approved, I believe that it would be a detriment to our neighborhood, a violation of a reasonable interpretation of Chula Vista’s own zoning, and a concerning departure from the very nature of church property usage. A 45 foot freestanding wireless telecommunications facility at 430 Second Avenue is in no way consistent with the character of our neighborhood. Second Avenue is an almost entirely residential area, and a 45-foot tower is simply out of place among the tree lined streets of our quiet neighborhood. Additionally, the American Academy of Pediatrics has recommended the electromagnetic/RF transmissions be limited in the proximity of children, and there are not only children residing in our neighborhood, but there is a licensed preschool operating at 478 Second Avenue, which is less than 350 feet from the proposed tower’s property location. Furthermore, the proposed tower would be located in an R1 residential zoning area, which should be reasonably understood to not include such things as a telecommunications tower. I also have significant concerns about the utilization of a church exempt from property tax for this purpose. I am submitting those concerns separately due to the 1500 character limit of this form. for Conditional Use Permit for a 45-Foot Freestanding Wireless Telecommunication Facility on a 2.09- acre Parcel With an Existing Church Within the Single-Family Residence (R-1) Zone. Located at 430 Second Avenue. in Planning Commission - Regular Meeting 10/25/2023 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s). Page 118 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda From: donotreply@escribemeetings.com <donotreply@escribemeetings.com> Sent: Wednesday, October 25, 2023 12:45 PM To: Laura Black <lblack@chulavistaca.gov> Subject: Public Comment Received 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 User Lindsay Daley has enter the following comment(s): Dear Chair De La Rosa and Commission Members, I am writing to you today to request your denial of Project # CUP22-0052. Pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.080, Conditional use permit – Prerequisites for Granting, the following findings need to be considered: 1. That the proposed use at the particular location is not necessary or desirable to provide a service or facility and does not contribute to the general well-being of the neighborhood or the community. 2. Such use, under the circumstance of this particular case, will be detrimental to the health, safety and general welfare of persons residing in the vicinity, and is injurious to property and improvements in the vicinity. 3. That the proposed use does not comply with the regulations and conditions specified in Chapter 19 of the CVMC for such use, specifically regarding wireless telecommunications facilities. 4. The granting of this conditional use will adversely affect the General Plan of the City. 5. That the property owner is not trustworthy in following conditions outlined by the City as they have recently had an ongoing zoning violation for the last two years at this specific property. There are two additional considerations the Commission needs to consider based on Federal Statutes of the Telecommunications Act: • The Applicant has not demonstrated there is a significant gap in coverage, • The proposed tower is not the Least Intrusive Means of addressing a gap coverage for Conditional Use Permit for a 45-Foot Freestanding Wireless Telecommunication Facility on a 2.09- acre Parcel With an Existing Church Within the Single-Family Residence (R-1) Zone. Located at 430 Second Avenue. in Planning Commission - Regular Meeting 10/25/2023 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s). Page 119 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda From: donotreply@escribemeetings.com <donotreply@escribemeetings.com> Sent: Wednesday, October 25, 2023 12:40 PM To: Laura Black <lblack@chulavistaca.gov> Subject: Public Comment Received 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 User William Daley has enter the following comment(s): My family owns a residence on Del Mar Court Chula Vista. CA. My parents purchased the home in the late 1950's. I grew up in that house and I am currently the trustee of the trust. The property were the proposed cell tower is to be placed is immediately behind the residence and approximately 75 yards away. I am opposed to the conditional use permit. It will adversely impact the value of the residential property in the immediate area, including my family owned property. The Church owners of the property have abused it's use, advertising and using the property for commercial purposes, as a commercial storage area for over one year. including 15,081 sq ft. for .$0.75 per sq. ft. The City only recently cited the illegal use of the property in February 2023, which was being done, at the same time, as the application for this CUP. They should not be trusted, or rewarded for the misuse of the property. The proposed CUP in contrary to the City General Plan, under housing Goal 1, which identifies this area, west of 805, which is an older and more vulnerable neighborhood. The General Plan includes "to enhance the quality of existing housing to maintain the integrity of residential neighborhoods." "increase home value, and preserve neighborhood quality." "Encourage neighborhood and local participation" A cell tower, in the middle of this neighborhood, even if they attempt disguise it, will diminish the residential neighborhood. I request that you not approve the cell tower. for Conditional Use Permit for a 45-Foot Freestanding Wireless Telecommunication Facility on a 2.09- acre Parcel With an Existing Church Within the Single-Family Residence (R-1) Zone. Located at 430 Second Avenue. in Planning Commission - Regular Meeting 10/25/2023 6:00:00 PM Please log into eSCRIBE to review the submitted comment(s). Page 120 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda CITY OF CHULA VISTA D e v e l o p m e n t S e r v i c e s D e p a r t m e n t Planning Division I Development Processing FECES iA 1911 -STA CITE' CLERK Appeal the decision of the: ZOZ3 NOV _3 A %- 53 Zoning Administrator Planning Commission Application Information Name of Appellant WILLIAM D. DALEY Address APPEAL APPLICATION FORM STAFF USE ONLY Date Received: Fee: Receipt # Case # Phone Business Address Project Address 430 SECOND AVE. CHULA VISTA, CA 91910 Project Description Planning Commission Hearing 10/25/2023 item 5.3-- Project #CUP22--0052 Example: variance, conditional use permit, design review, etc.) Please use the space below to provide a response to the decision you are appealing. Attach additional sheets, if necessary. Grounds for an appeal must be based on at least one of the following: 1) Factual Error. The statements or evidence relied upon by the decision maker when approving, conditionally approving, or denying a permit, map, or other matter was inaccurate; 2) New Information. New information is available to the applicant or the interested person that was not available through that person's reasonable efforts or due diligence at the time of the decision; or 3) Findings Not Supported. The decision maker's stated findings to approve, conditionally approve, or deny the permit, map, or other matter are not supported by the information provided to the decision maker. In order for an appeal to be valid, detailed responses must be included which cite at least one of the above reasons for the appeal along with substantiation of the facts and circumstances on which the claim of theappeal is based. If an appeal is filed within the time limit specified, and determined to be valid, it automaticallystays proceedings in the matter until a determination is made by the City Council. I was present and spoke in opposition to the CUP- 45' cell tower/antenna. I am the Trustee of my family residence located at 439 Del Mare Ct. Clhula Vista, CA 91910, which is adjacent to: the subject property and ilnstallation of the proposed cell tower/ antenna, which will be visible from the backyard of clur property. There are factual errors in the Planning Commissions determination and the approval of the conditional use permit was not supported by the facts. The issues and facts are summarized in the the ATTACHEMENT TO THIS APPLICATION WHICH IS INCORPRATED BY REFERENCE Appeal Form Directions Pursuant to the Chula Vista Zoning Ordinance Chapter 19.14, an interested party may appeal the decision of the Zoning Administrator, or Planning Commission to the City Council. The appellant must be an interested party. An interested party means a person who was present at a public hearing from which an appeal arose and who had filed a speaker slip with the decision maker at that public hearing, or a person who expressed an interest in the project in writing to that decision maker before the close of the public hearing or a decision on an action from which an appeal may be filed. The appellant must file a complete appeal application form within the specified appeal period (10 business days after the decision has been made), complete the Disclosure Statement, and pay the required fee. Once a valid appeal form is filed, the appeal will be scheduled for a hearing by the City Council within 30 days. Signature of Appellant Date. Il Vw' 3• d-ocR DO NOT WRITE IN THIS SPACE The above matter has been scheduled for public hearing before the: City Council On Development Services Department City Clerk 1I of1 APPEAL54276FourthAvenueIChulaVistaICalifornia919101 (619) 691.5101 RevPage 121 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda RE: Project # CUP22-0052, Public Hearing October 25, 2023 at 6:00 p.m I, William D. Daley, was present and spoke in opposition to the project. I am requesting a denial of Project # CUP22-0052, a denial of Resolution 2023-20, and denial of a conditional use permit for a new 45 -foot freestanding wireless telecommunication facility located at 430 Second Avenue within the single-family residence zone. Contrary to the staff report presented, I would like to indicate how the findings in the Chula Vista Municipal Code have not been met and why the project should be denied. Pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.080, Conditional uses permit — Prerequisites for Granting, the following findings need to be considered: 1. That the proposed use at the particular location is not necessary or desirable to provide a service or facility and does not contribute to the general well-being of the neighborhood or the community. We do not have a gap in cell service at our "particular location," nor do we have a problem reaching emergency services for our well-being. Our well-being is good without the cell tower. The fact that this proposed tower will exceed the City's height restriction of 28 feet, by 17 feet, for a total of 45 feet, because as stated in the staff report, "the proposed height is the only technologically feasible option for providing service to the area" proves that this "particular location" is not the location for the tower. It would make more sense for the applicant to find a location closer to the actual area lacking service, if indeed there is one, which would not require such an intrusive height. There is no doubt that they can find such a location. The project site is not desirable. A 45 -foot cell tower, no matter how much you try to disguise it — is a 45 -foot cell tower, planted in the middle of a residentially zoned street, adjacent to single-family residences on all sides of the property. It is also not desirable to have this site be a co -location site to justify additional cell towers at the same location. What is desirable is that they find an existing cell Page 122 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda tower to co -locate with. I am confident they can find such a tower. Within blocks of this particular location one can find commercial and industrial zoned locations that would be more suitable for a cell tower. In fact, AT&T has several office locations in Chula Vista. Two examples are: 744 F St. Chula Vista, where AT&T has a substantial tower and multiple antennas, on a commercial property (Prudential Overall Supply); or their location at 1642 Silvas St where AT&T has, in a commercial area at United Rental building and next to an auto repair facility, a cluster of antennas; these are two examples of several sites operated by AT&T in Chula Vista This is what is indicated by the FCC as registered Cell phone and Antenna towers in Chula Vista, along with the other 76 towers and 362 antenna locations listed. Has AT&T attempted to co -locate at these sites? I would encourage the City to have a third -party expert prove the existence of a coverage gap, rather than rely on the applicant. In fact the map provided by AT&T did not demonstrate a gap in coverage, and when questioned they did not know whether another CUP granted at a location approximately one month ago, on Hilltop Dr., less than a mile away, would now add additional coverage to the area at 430 Second Ave. To use the standard of; "AT&T wouldn't be asking for this if they didn't need it", or "we recently approved two other antennas for AT&T, including at a Church location on Hilltop Dr.", "so why shouldn't we approve this one", which was voiced at the Planning Commission meeting, should not be the criteria of due diligence by the City in safeguarding the residents in the area. The location of an antenna should not be left the least costly location for the applicant. AT&T indicated that they contacted two other possible locations in the area including a 7/11 store. Again, was the Church location at 240 Second Ave. the least expensive location? Are the same alternative locations being used for multiple CUP applications in the area? It seems that the City isn't able to truly weigh the alternatives, but leaves it to the applicant, AT&T, to make a business decision as to need and cost of the location. 2- Page 123 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2. Such use, under the circumstance of this particular case, will be detrimental to the health, safety and general welfare of persons residing in the vicinity, and is injurious to property and improvements in the vicinity. The current general plan, under residential location, of homes built in the 1950s, stand in back yard, look out our bedroom window, drive by it every day to work and on your way home from work. It will give you a better understanding of why this intrusive cell tower is not desirable and how it will have a detrimental effect on our general welfare and quality of life.. We live in a residential zone for a reason. Home ownership is expensive. The current City Genera Plan regarding housing, includes the following Goal 1: Promote Housing that Helps to Create Safe, Livable, and Sustainable Neighborhoods The City's existing housing stock plays an important role in providing a decent, safe and sanitary living environment for lower income households and in maintaining the quality and sustainability of residential neighborhoods. With almost half (48 percent) of existing housing citywide being 40 years or older — built prior to 1979, there is a potential loss in value and quality as a result of deterioration. A significant portion (20 percent) of the City's housing stock is 50 years old or older and is likely to require major repairs, with this housing located entirely within the area west of 1805 (Western Chula Vista and also known as the Northwest and Southwest planning areas). These areas are also considered vulnerable areas where housing costs are lower, housing stock is more diverse and consequently a higher concentration of lower income residents than the area east of I-805.To create safe, livable and sustainable neighborhoods, housing policies and programs will focus on the following objectives: Enforce maintenance of safe and decent housing, enhance the quality of existing housing to maintain the integrity of residential neighborhoods.......... Programs to enforce building, health, and housing codes and the funding of minor repairs, rehabilitation of housing will encourage the provision of decent, safe and sanitary housing and 3- Page 124 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda preserve neighborhood quality. Of particular focus is repair, rehabilitation and improvement of housing and neighborhoods in the City's Northwest and Southwest Planning Areas..........." If this CUP is approved, it will change the landscape of the neighborhood and character of our community. The location of the tower is visually unappealing and too close to residential properties. The more we let commercial and industrial activities encroach into our residential areas, the more unrecognizable the community becomes and the more we get away from preserving the community character. The zoning ordinance exists for a reason. It is to encourage smart growth and smart development. It offers some security in knowing what we are obtaining and retaining a residence in an area that will maintain its' character. This assurance is eroded when we start to disregard those specified zoning areas and city plans and the impacts become detrimental. Having a 45 -foot cell tower adjacent to our homes will affect the property values of our homes. The US Department of Housing and Urban Development (HUD) guidelines categorize cell towers with hazards and nuisances. HUD (the government) requires its certified appraisers to take the presence of nearby cell towers into consideration when determining the value of a single-family residential property. HUD prohibits the Federal Housing Authority underwriting of mortgages for homes that are within the engineered fall zone of a cell tower. https:Harchives.hud.gov/offices/hsg/sfli/ref/sfh 1-18f.cfm) The National Business Post writes that "In 2014, the National Institute for Science, Law and Public Policy (NISLAPP) wrote a report called, `Neighborhood Cell Tower's and Antennas — Do They Impact a Property's Desirability?' In it, it concluded that homebuyers and renters are less interested in properties close to cell towers and antennas. `Ninety-four percent of homebuyers and renters said a nearby cell tower or group of antennas would negatively impact interest in a property or the price they would be willing to pay for it. Documentation of a price drop of up to 20% is found in multiple surveys and published articles.' (https://www.nationalbusinesspost.com/celltowers impact-home-values/) There is no denying this affects the property values of our homes SI Page 125 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda and creates material injury. What else will they put on the tower besides wireless antennas? Once you allow this, the floodgates open. A structure like this invites crime with it and jeopardizes safety. It becomes an easy target for climbing, vandalizing, graffiti, and these days, I wouldn't be surprised if some have become alternative housing sites for our homeless population. The City is well aware of the potential for this, especially if there is a need to note in the City's Wireless Telecommunications Facilities section of the CVMC how to avoid such things. There is potential for this 45 -foot structure to collapse upon those of us who live next to it and who are in the fall zone of the tower. There is potential for a gust of wind to blow off the fake branches of the structure and cause injury to our properties. In the event of a collapse, it would not be contained on the subject property. This intrusive structure will become a new threat to our safety. Again, the proposed cell tower would be detrimental to the public health, safety, and welfare, and materially injurious to properties and improvements in the vicinity because it would be located adjacent to, and completely surrounded by, residential homes. 3. That the proposed use does not comply with the regulations and conditions specified in Chapter 19 of the CVMC for such use, specifically regarding wireless telecommunications facilities. The proposal is in conflict with 19.89.060 Development Criteria, "Wireless telecommunications facilities are subject to the height limitation stipulated in this title and shall be as short as technologically feasible." I do not believe the applicant has demonstrated that the proposed height, which is 17 feet above the City's height restriction, is the only technologically feasible option for providing service. The proposal is in conflict with 19.89.060 Development Criteria, "The facility shall use and maintain the physically smallest practical devices to achieve the needs of the wireless telecommunications network. The facility shall use and maintain the most efficient devices to 5- Page 126 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda achieve the needs of the wireless telecommunications network."In this context, `most efficient' means using the smallest number of facilities needed to achieve the needs of the network." The applicant has not demonstrated that this is the smallest practical device. The proposal is in conflict with 19.89.060 Development Criteria, "The facility shall be designed to be visually unobtrusive and blend into the surrounding area in a manner compatible with the local community character." It is a 45 -foot cell tower with all single-family residences adjacent to it. Not only is it not compatible with the local community character of the 1950s homes but it will also change the landscape of the single-family residential area with a negative impact on the community character. The proposal is in conflict with 19.89.060 Development Criteria, "Wireless telecommunication facilities shall be co -located to the extent practicable." There isn't an existing cell tower at this site, this is not an example of co -locating. Sufficient proof has not been demonstrated that the applicant has had communications with several existing cell site locations in an attempt to co -locate. As stated above, they have a site on F St. which has multiple antennas on a commercial site. The proposal is in conflict with 19.89.060 Development Criteria, "Co -location is discouraged, but not prohibited, for sites located on a residential lot in a single-family or two-family residential zone." In looking at the staff report in the meeting packet on page 3 it states, "The additional height and space on the tower will also provide sufficient space for future co -location by other carriers." That does not sound like discouragement of co -location in a single-family residential zone. Instead, it sounds like staff is using it as a selling point, a benefit. In fact, most, if not all of AT&T antenna sites in Chula Vista, are on commercial industrial locations with multiple antennas. The proposal is in conflict with 19.89.060 Development Criteria, "All components of all wireless telecommunications facilities shall meet the setback requirements of the zoning district in which it is proposed to be located." The setbacks are based on the City's 28 -foot height limit. Setbacks 1.1 Page 127 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda should be adjusted to accommodate the additional 17 feet in height above the 28 -foot height limit. The proposal is in conflict with 19.89.060 Development Criteria, "Freestanding facilities, including ground -mounted antennas and monopoles, are discouraged and may be used only when no other alternatives is feasible. When allowed, freestanding facilities shall be designed to the minimum functional height and width. Lattice towers are prohibited." The proposed cell tower is a freestanding facility. It is also 45 feet in height. They have not proven that no other alternatives are feasible. Commercial zoned areas are in very close proximity, which would be better suited for this project. Have they shown their attempt to locate on existing structures? A new tower is not preferred in a single-family residential zone. The proposal is in conflict with 19.89.060 Development Criteria, "All equipment shall be placed completely underground when feasible or located inside an existing building_" It has not been demonstrated that it is not feasible to put the equipment underground. The proposal is in conflict with 19.89.060 Development Criteria, "All wireless telecommunication facilities shall be accessed from nonresidential streets or rights-of-way to the maximum extent practical." It is a single-family residential area, therefore in conflict. Again, they can find more suitable locations within a few blocks that are zoned commercial. 4. The granting of this conditional use will adversely affect the General Plan of the City. This proposed project area, Council District 2, certainly is not a "new" part of ever-growing Chula Vista. This is the street that my parent's purchased in 1958, the neighborhood where I grew up and where my family uses the residence today.. It is not that I am opposed to growth and development. I am supportive of smart growth and smart development,development that is not detrimental to the health, safety, and general welfare of our citizens. Chapter 4 of the City's General Plan, Theme 3, Strong and Safe Neighborhoods conflicts with approval of this cell tower. As stated in the General Plan, "Chula Vista is a diverse, yet Ire Page 128 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda integrated, community that celebrates its neighborhoods as the building blocks that make it a great place to live." Theme 5, Health and Sustainable Community, states, "Chula Vista is committed to the health and well being of all of its residents... The adoption of policies and programs that promote the health and well-being of all citizens is a high priority." Land Use and Transportation Element, Chapter 5, Community Image and Character, states, "...the issue of community character will be of key importance as we work to strike an acceptable balance between the new projects and activities... it means being in touch with how physical changes will affect the buildings next door or across the street; and it means protecting the City's cultural and historical `personality."' Land Use and Transportation Element, Chapter 5, states "the quiet single-family neighborhood, with tree -lined streets has been recognized through surveys and public input as an important characteristic of the City." Environmental, Chapter 9 states, Provide a healthy and sustainable community through the improve health of all citizens, environmental justice, the responsible stewardship of Chula Vista' natural and cultural resources, promotion of environmental health and protection of persons and property from environmental hazards and the undesirable consequences of noise." Growth Management, Chapter 10 states that a goal is to, "direct and coordinate growth and development in ways that maintain and consistently endeavors to improve the quality of life for current and future residents of Chula Vista." My intent is to just show from these statements within the City's General Plan that an approval of such a project would conflict with the goals and themes of the Plan, especially for a single-family residential neighborhood. 5. That the property owner is not trustworthy in following conditions outlined by the City as they have recently had an ongoing zoning violation for the last two years at this specific property. The property owner cannot be trusted to follow any conditions the City requires. They have recently violated the City's Zoning Ordinance, which was ongoing for two years operating a 8- Page 129 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda commercial/industrial storage yard.. Even when the City brought it to the property owner's attention that the City was investigating it, they continued to violate the zoning ordinance. They were making income from the zoning violation at the same time that this application for a cell tower on their property was pending. Lastly, in addition to the Findings of Fact, there are some additional considerations for the City to consider based on Federal Statutes of the Telecommunications Act: Has the Applicant demonstrated there is a significant gap in coverage? Again, I believe it would be beneficial for an expert that is not paid by the applicant to be consulted on that. Up to this point has the City received phone calls from residents about concerns with a lack of cell phone coverage in this area? Did AT&T approach the property owner the proposal of a cell tower at this site or did the property owner approach elicit by it's advertising the space, AT&T and propose this site? The residential area in which the applicant claims cell service would be improved is already adequately 99 served. Have they attempted to co -locate at existing sites? Are they using the same alternative locations on their past applications? Is the proposed tower the Least Intrusive Means of addressing the coverage gap, if a coverage gap even exists? Has the applicant shown a lack of available and technologically feasible alternatives to the proposed cell tower? Considering this is a single-family residential zone, it is appropriate to ask the applicant to study alternative sites, alternative designs and alternative technologies. The applicant should show a meaningful comparison of various sites. This has not been accomplished, and the applicant has failed to provide evidence supporting a finding that a tower at the proposed site would be the least intrusive means of bringing further coverage to the area. I hope you will consider our objections to the location of this proposed cell tower. I strongly believe the proposed location of this tower will have an adverse effect on the daily lives of M Page 130 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda everyone subjected to its existence if allowed to be constructed at this location. It is respectfully requested that the City of Chula Vista deny Project # CUP22-0052, deny Resolution 2023-20, and deny the conditional use permit for a new 45 -foot freestanding wireless telecommunication facility located at 430 Second Avenue within the single-family residence zone. Trustee of the Residence Chula Vista, CA 91910 10- Page 131 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 430 "A" 2nd Avenue Chula Vista CA 91910 CAL02890 First Christian Church of Chula Vista Accuracy of photo simulation based upon information provided by project applicant. Looking northwest from 2nd AvenueProposed View 1 Existing proposed monobroadleaf proposed equipment xxxxxxxxxxx ©2022 Google Maps Page 132 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Accuracy of photo simulation based upon information provided by project applicant. Looking south from 2nd AvenueProposed View 2 Existing proposed monobroadleaf beyond proposed equipment xxxxxxxxxxx 430 "A" 2nd Avenue Chula Vista CA 91910 CAL02890 First Christian Church of Chula Vista ©2022 Google Maps Page 133 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Accuracy of photo simulation based upon information provided by project applicant. Looking northeast from parking lotProposed View 3 Existing proposed monobroadleaf proposed equipment enclosure proposed equipment xxxxxxxxxxx 430 "A" 2nd Avenue Chula Vista CA 91910 CAL02890 First Christian Church of Chula Vista ©2022 Google Maps Page 134 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda © 2019 AT&T Intellectual Property. AT&T, Globe logo, and DIRECTV are registered trademarks and service marks of AT&T Intellectual Property and/or AT&T affiliated companies. All other marks are the property of their respective owners. CAL02890 Coverage Plots Page 135 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2 © 2019 AT&T Intellectual Property CAL02890 Current Coverage CAL02890 Coverage with Planned Site CAL02890 Page 136 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 3 © 2019 AT&T Intellectual Property CAL02890 Current Coverage CAL02890CAL02890 Project only coverage Page 137 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda From: Barrett < Sent: Friday, January 12, 2024 10:28 AM To: Christopher Mallec <cmallec@chulavistaca.gov> Subject: Planning Commission Apeal: Conditional use permit to installa new 45 foot freestanding Wireless Telecommunication Facility on a 2.09 acre parcel at 430 Second Avenue, Chula Vista, Ca 91910 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 of Chula Vista Planning Commission Dear Mr. Chris Mallec, AICP In responds to your notice of Public Hearing by the City Council regarding the approval of the installation of the 45 foot freestanding Wireless Telecommunication tower on the property located at 430 Second Avenue, Chula Vista, Ca. We are very disappointed that you the members of the City Council Planning Commission have considered it an appropriate location for the 45 foot free standing tower in the center of a residential neighborhood. My husband and I have lived in this neighborhood for over 70 years and find it surprising that the property owners and our City would consider it the reasonable place to install a telecommunication tower. We are OPPOSED to your decision and ask you to please reconsider another possible location for said tower that is not in someone’s back yard. Sincerely, Glenn and Lorna Barrett Chula Vista, Ca 91910 Written Communications Item 7.1 - Barrett - Received 1/12/24 Page 138 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda From: Shank, Aaron M. < Sent: Friday, January 12, 2024 2:33 PM To: John McCann <jmccann@chulavistaca.gov>; Carolina Chavez <cchavez@chulavistaca.gov>; Jose Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov> Cc: Laura Black <lblack@chulavistaca.gov>; Christopher Mallec <cmallec@chulavistaca.gov> Subject: AT&T CUP - 430 2nd Ave - Response to Appeal WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Dear Mayor McCann and Councilmembers Chavez, Preciado, Gonzalez, and Cardenas: Please accept this letter on behalf of New Cingular Wireless PCS, LLC d/b/a AT&T Mobility, in support of its application for a conditional use permit to place a stealth wireless communications facility at 430 Second Avenue, Chula Vista. Please consider this information in connection with your deliberation of the appeal from Planning Commission’s approval of AT&T’s CUP application, which is item 7.1 to your January 16th meeting. Thank you. Aaron M. Shank Outside Legal Counsel for AT&T AARON M. SHANK Porter Wright Morris & Arthur LLP Bio / 41 South High Street, Suites 2800 - 3200 / Columbus, OH 43215 M A N S F I E L D C E R T I F I E D P L U S We are moving the needle on diversity, equity, and inclusion. Learn more NOTICE FROM PORTER WRIGHT MORRIS & ARTHUR LLP: This message may be protected by the attorney-client privilege. If you believe that it has been sent to you in error, do not read, print or forward it. Please reply to the sender that you have received the message in error. Then delete it. Thank you. END OF NOTICE Some people who received this message don't often get email from Learn why this is important Written Communications Item 7.1 - Shank - Received 1/12/24 Page 139 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Chula Vista City Council 276 Fourth Avenue Chula Vista, CA 91910 January 15, 2024 RE: Project # CUP22-0052, Public Hearing January 16, 2024 at 5:00 p.m. Dear Mayor and Council Members, We are writing to you today to request your denial of Project # CUP22-0052, denial of the proposed Resolution in your meeting packet, and denial of a conditional use permit for a new 45- foot freestanding wireless telecommunication facility located at 430 Second Avenue within the single-family residence zone. The Planning and Zoning Commission held a hearing on October 25, 2023, to consider the proposed conditional use permit (CUP) and ultimately approved of the permit. However, the Planning and Zoning Commission’s stated findings to approve the CUP was not supported by the information provided to the commission which led to a decision based on factual error and inaccuracy. Lack of Information/Documentation There were no documents in the meeting packet for the Planning and Zoning Commission hearing that showed the applicant’s attempt to not only find a more appropriate site that is not in a residential zone, but also to attempt to co-locate with an existing cell tower site. This is important, because Chula Vista Municipal Code (CVMC) Section 19.89.060 Development Criteria, states “Wireless telecommunication facilities shall be co-located to the extent practicable.” There is not an existing cell tower at this proposed site, this is not an example of co- locating. More importantly, there is no documentation that shows the applicant’s efforts to co- locate with an existing cell tower site. It is also important to note that the attempt should be made not just at existing AT&T sites but all cell tower sites, including other providers. It is odd that none of the Planning and Zoning Commission members asked the applicant during the hearing what effort was made to co-locate the proposed cell tower site with an existing cell tower site, especially with this stated preference in the Municipal Code. A Commission member did ask the AT&T representative if there was an attempt to consider a site for the new cell tower in a more appropriate zone, to which the applicant answered there was an attempt at putting the cell tower site at the location of a 7-Eleven. Again, there was no documentation provided in the packet or to the Commissioners that supported the applicant making an effort to propose a site that is more appropriately zoned for such a development. Is the City tracking where all the cell tower sites are located within the city that would help decision makers determine the proximity of new proposed sites with existing sites, which would also prompt a question to applicants as to whether they contacted existing sites within the area to co-locate? Sufficient documentation to demonstrate the applicant’s effort to co-locate with an existing site and to find a location in a more suitable zone is lacking. Written Communications Item 7.1 - Daley Received 1/16/24 Page 140 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda The staff report provided to City council states that the applicant made an effort to co-locate (again, documentation has not been provided of this), however, if that is the case and other providers are denying AT&T to co-locate at their sites, then why isn’t the City holding those sites accountable to the conditions of those existing sites? One of the conditions as described in this proposed resolution, condition #4, states, “The Applicant shall cooperate with telecommunications companies in co-locating additional antennas on the subject property, provided said co-locators have received a Conditional Use Permit from the City for such use. Applicant shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level-or quality of service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether Applicant has exercised good faith in accommodating other users, the City may require a third-party technical study at the expense of the Applicant.” Again, if this is a condition required by the City for cell tower sites to follow, is the City following up with those sites to confirm why they are denying AT&T to co- locate with them and having a third-party technical study done? If not, then it is requested that the City do this before granting a cell tower at a new site, especially since the proposed new site is in a residential zone. Factual Error/Inaccurate Information Provided City staff provided information as to how the proposed cell tower site is consistent with the CVMC, however, I have provided information below how the proposed cell tower site is not consistent with the CVMC and why it should be denied. Pursuant to Chula Vista Municipal Code (CVMC) Section 19.14.080, Conditional use permit – Prerequisites for Granting, the following findings need to be considered: 1. That the proposed use at the particular location is not necessary or desirable to provide a service or facility and does not contribute to the general well-being of the neighborhood or the community. The fact that the City depends on the applicant to demonstrate there is a gap in coverage is a conflict of interest, since the applicant directly benefits from the City approving the CUP. It is requested that the city have a third-party determine if there is a gap in coverage. Has a survey been provided to residents in the area as to whether they have experienced a gap in coverage? Have there been reports to the City that emergency services have not been able to be contacted due to a gap in coverage? Other than the applicant stating there is a gap in coverage, has there been anything else brought forward to the City that supports that there is a gap in coverage? The proposed tower will exceed the City’s height restriction of 28 feet, by 17 feet, for a total of 45 feet, because as stated in the staff report, “the proposed height is the only technologically feasible option for providing service to the area.” This statement proves that this particular location is not the location for this tower. It would make more sense for the applicant to find a location closer to the actual area lacking service, which would not require such an intrusive height. The project site is not desirable. A 45-foot cell tower in the middle of a residential zone and adjacent to single-family residences on all sides is out of place no matter how much there is Written Communications Item 7.1 - Daley Received 1/16/24 Page 141 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda an attempt to disguise it. What is desired is that the applicant finds an existing cell tower to co- locate with. Within blocks of this particular location the applicant can find commercial and industrial zoned locations that would be more suitable for a cell tower. 2. Such use, under the circumstance of this particular case, will be detrimental to the health, safety and general welfare of persons residing in the vicinity, and is injurious to property and improvements in the vicinity. The intrusive cell tower will have a detrimental effect on the surrounding residents’ general welfare and quality of life. We live in a residential zone for a reason, and we hope that the City Council understands our need to protect the single-family residential zone and preserve our welfare and quality of life. If approved, the cell tower site will change the landscape of the neighborhood and character of our community. The location of the tower is visually unappealing and is an encroachment on residential properties. It is requested that City Council maintain the existing zoning by not allowing this encroachment. The City Council cannot consider concerns about radio frequency emissions and the impact on health; however, the Council should question if the proposed cell tower complies with the Federal Communications Commission’s radio frequency emission. Since the impact to the physical health of residents surrounding the proposed cell tower will not be considered, the impact to mental health should be considered. Environment has an impact on mental health. Diagnosis exists for electromagnetic hypersensitivity that is caused by these cell phone towers, which can cause difficulty in sleeping, headaches, vomiting and diarrhea. With this proposed site being adjacent to homes, there will be an impact of constant noise from a generator or emergency generator, that will disturb the quiet of the neighborhood and impact mental health and quality of life. Quality of life can also be impacted by what is done to our property values as a result of a 45- foot cell tower going in adjacent to our homes. The US Department of Housing and Urban Development (HUD) guidelines categorize cell towers with hazards and nuisances. HUD (the government) requires its certified appraisers to take the presence of nearby cell towers into consideration when determining the value of a single-family residential property. HUD prohibits the Federal Housing Authority underwriting of mortgages for homes that are within the engineered fall zone of a cell tower. (https://archives.hud.gov/offices/hsg/sfh/ref/sfh1-18f.cfm) The National Business Post writes that “In 2014, the National Institute for Science, Law and Public Policy (NISLAPP) wrote a report called, ‘Neighborhood Cell Tower’s and Antennas – Do They Impact a Property’s Desirability?’ In it, it concluded that homebuyers and renters are less interested in properties close to cell towers and antennas. ‘Ninety-four percent of homebuyers and renters said a nearby cell tower or group of antennas would negatively impact interest in a property or the price they would be willing to pay for it. Documentation of a price drop of up to 20% is found in multiple surveys and published articles.’ (https://www.nationalbusinesspost.com/cell- towers-impact-home-values/) A negative impact to property values, material injury, will have a direct impact to the quality of life for those residents surrounding the proposed site. Written Communications Item 7.1 - Daley Received 1/16/24 Page 142 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda A structure like this invites crime with it and jeopardizes safety. It becomes an easy target for climbing, vandalizing, graffiti, and alternative housing sites for the unhoused. A structure like this invites crime with it and jeopardizes safety. It becomes an easy target for climbing, vandalizing, graffiti, and housing sites for the unhoused. The City is well aware of the consequence for this, since it is noted in the City’s Wireless Telecommunications Facilities section of the CVMC on how to avoid such things. There is no guarantee that the 45-foot structure will not collapse on residents who live next to it and who are in the fall zone of the tower. There is potential that a gust of wind can blow off the fake branches of the structure and cause injury to people and properties. The intrusive structure is a threat to our safety. The proposed cell tower would be detrimental to the public health, safety, and welfare, and materially injurious to properties in the area because it is adjacent to residential homes on all sides. 3. The proposed use does not comply with the regulations and conditions specified in Chapter 19 of the CVMC for such use, specifically regarding wireless telecommunications facilities. The information below describes exactly how the proposed use does not comply with CVMC and is in direct conflict with it. The proposal is in conflict with 19.89.060 Development Criteria, “Wireless telecommunications facilities are subject to the height limitation stipulated in this title and shall be as short as technologically feasible.” I do not believe the applicant has demonstrated that the proposed height, which is 17 feet above the City’s height restriction, is the only technologically feasible option for providing service. The proposal is in conflict with 19.89.060 Development Criteria, “The facility shall use and maintain the physically smallest practical devices to achieve the needs of the wireless telecommunications network. The facility shall use and maintain the most efficient devices to achieve the needs of the wireless telecommunications network. In this context, ‘most efficient’ means using the smallest number of facilities needed to achieve the needs of the network.” The applicant has not demonstrated that this is the smallest practical device. The proposal is in conflict with 19.89.060 Development Criteria, “The facility shall be designed to be visually unobtrusive and blend into the surrounding area in a manner compatible with the local community character.” It is a 45-foot cell tower with all single-family residences adjacent to it. Not only is it not compatible with the local community character of the 1950s homes but it will also change the landscape of the single-family residential area with a negative impact on the community character. The proposal is in conflict with 19.89.060 Development Criteria, “Wireless telecommunication facilities shall be co-located to the extent practicable.” There is not an existing cell tower at this site, this is not an example of co-locating. Sufficient proof has not been demonstrated that the applicant has had communications with several existing cell site locations in an attempt to co- locate. Written Communications Item 7.1 - Daley Received 1/16/24 Page 143 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda The proposal is in conflict with 19.89.060 Development Criteria, “Co-location is discouraged, but not prohibited, for sites located on a residential lot in a single-family or two-family residential zone.” The fact that City staff is now making it a condition in the proposed Resolution that this proposed site turn into a co-location site is a complete contradiction to the content above in the CVMC, since the proposed site is a residential lot. Instead of discouraging it, staff is using it as a selling point. The proposal is in conflict with 19.89.060 Development Criteria, “All components of all wireless telecommunications facilities shall meet the setback requirements of the zoning district in which it is proposed to be located.” The setbacks are based on the City’s 28-foot height limit. Setbacks should be adjusted to accommodate the additional 17 feet in height above the 28-foot height limit. The proposal is in conflict with 19.89.060 Development Criteria, “Freestanding facilities, including ground-mounted antennas and monopoles, are discouraged and may be used only when no other alternatives is feasible. When allowed, freestanding facilities shall be designed to the minimum functional height and width. Lattice towers are prohibited.” The proposed cell tower is a freestanding facility. It is also 45 feet in height. They have not proven that no other alternatives are feasible. Ther are commercially zoned areas in very close proximity, which would be better suited for this project. No documentation has been provided showing the applicant’s communication with other locations that would be more suitable. The proposal is in conflict with 19.89.060 Development Criteria, “All equipment shall be placed completely underground when feasible or located inside an existing building.” It has not been demonstrated that it is not feasible to put the equipment underground, or within the current building existing on the site. The proposal is in conflict with 19.89.060 Development Criteria, “All wireless telecommunication facilities shall be accessed from nonresidential streets or rights-of-way to the maximum extent practical.” It is a single-family residential area, therefore in conflict, as it will be accessed from a residential street. 4. The granting of this conditional use will adversely affect the General Plan of the City. The proposed cell tower site is in Council District 2 and is not a “new” part of Chula Vista. Homes in this location were built in the 1950s. Chapter 4 of the City’s General Plan, Theme 3, Strong and Safe Neighborhoods conflicts with approval of this cell tower. As stated in the General Plan, “Chula Vista is a diverse, yet integrated, community that celebrates its neighborhoods as the building blocks that make it a great place to live.” Theme 5, Health and Sustainable Community, states, “Chula Vista is committed to the health and well-being of all of its residents… The adoption of policies and programs that promote the health and well-being of all citizens is a high priority.” Land Use and Transportation Element, Chapter 5, Community Image and Character, states, “…the issue of community character will be of key importance as we work to strike an acceptable balance between the new projects and activities… it means being in touch with how physical changes will affect the buildings next door or across the street; and it Written Communications Item 7.1 - Daley Received 1/16/24 Page 144 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda means protecting the City’s cultural and historical ‘personality.’” Land Use and Transportation Element, Chapter 5, states “the quiet single-family neighborhood, with tree-lined streets has been recognized through surveys and public input as an important characteristic of the City.” Environmental, Chapter 9 goal states, “Provide a healthy and sustainable community through the improved health of all citizens, environmental justice, the responsible stewardship of Chula Vista’s natural and cultural resources, promotion of environmental health and protection of persons and property from environmental hazards and the undesirable consequences of noise.” Growth Management, Chapter 10 states that a goal is to, “direct and coordinate growth and development in ways that maintain and consistently endeavors to improve the quality of life for current and future residents of Chula Vista.” The proposed project for the new cell tower site directly conflicts with these statements listed above that are within the City’s General Plan, and directly conflicts with the goals and themes of the Plan, especially for a single-family residential neighborhood. 5. The property owner is not trustworthy in following conditions outlined by the City as they have recently had an ongoing zoning violation for the last two years at this specific property. Although City staff states that City Council cannot consider this in their decision making, it is important that the information be provided to you so there is an understanding of the damage done by this property owner. The property owner has recently been in violation of the City’s Zoning Ordinance, which was an ongoing violation for two years. Even when the City brought it to the property owner’s attention that the City was investigating it, they continued to violate the zoning ordinance. They refused to address their zoning violation, which was making them a lot of money, until they realized that it jeopardized their ability to move forward with this CUP application, which will make them more money. They should not be rewarded for their unethical behavior and blatant disregard for the City’s Municipal Code and Zoning Ordinance, especially at the expense of all their neighbors who have already endured such un-neighborly behavior. The property is currently classified as a “religious facility” with property tax exemptions. The property owner’s commercial business ventures have and will always be at the expense of the neighbors, while at the same time benefiting from property tax exemptions. Lastly, in addition to the Findings of Fact, there are two additional considerations for the Council to consider based on Federal Statutes of the Telecommunications Act: • Has the Applicant demonstrated there is a significant gap in coverage? Again, it would be beneficial and requested that an expert that is not paid by the applicant be consulted on this, especially since it is in a residential zone. Community members have not come forward expressing a gap in coverage and need to do something. • Is the proposed tower the Least Intrusive Means of addressing the coverage gap, if a coverage gap even exists? Considering this is a single-family residential zone, it is appropriate to ask the applicant to study alternative sites, alternative designs, and alternative technologies. The applicant should show a meaningful comparison of various sites. This has not been accomplished, and the applicant has failed to provide evidence supporting a finding that a tower at the proposed site would be the least intrusive means of bringing further coverage to the area. Having to construct the structure 17 feet over the City’s heigh restriction for cell towers, proves it is not the proper location to Written Communications Item 7.1 - Daley Received 1/16/24 Page 145 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda address a gap coverage as it should move closer to the location of the gap so that it will not require going over the heigh restriction. We hope you will consider our objections to this proposed cell tower. We strongly believe the proposed location of this tower will have an adverse effect on the daily lives of everyone surrounding it if allowed to be constructed at this location. It is respectfully requested that the City Council deny Project # CUP22-0052, deny the proposed Resolution, and deny the conditional use permit for a new 45-foot freestanding wireless telecommunication facility located at 430 Second Avenue within the single-family residence zone. Thank you for your consideration. Lindsay Daley and several Daley family members, Del Mar Ct., Chula Vista Written Communications Item 7.1 - Daley Received 1/16/24 Page 146 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Planning Commission Appeal Wireless Facility located at 430 Second Avenue Item 7.1 1 City Council January 16, 2024 Page 147 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda BACKGROUND •October 25, 2023 –Planning Commission approved Project 7-0-0 •November 3, 2023 –Appeal submitted, based on “Factual Error” and “Findings Not Supported” Page 148 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PROJECT LOCATION & SURROUNDING USES SINGLE FAMILY RESIDENTIAL (R-1) / MULTI- FAMILY RESIDENTIAL (R-3) SINGLE FAMILY RESIDENTIAL (R-1) SINGLE FAMILY RESIDENTIAL (R-1) SINGLE FAMILY RESIDENTIAL (R-1) Page 149 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda SITE LAYOUT Page 150 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PROPOSED FACILITY Page 151 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PHOTO SIMULATIONS EXISTING (WEST)PROPOSED (WEST) Page 152 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PHOTO SIMULATIONS EXISTING (EAST)PROPOSED (EAST) Page 153 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda COVERAGE MAPS EXISTING PROPOSED Page 154 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda APPEAL ISSUES Appeal: Location is not necessary or desirable to provide a service. -Adequate cell service. Response: subjective standard. -Design not compatible with surrounding neighborhood. Response: Design is compatible with the neighborhood. -Not the most technologically feasible option (co- location). Response: alternative sites/methods were studied. Page 155 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda APPEAL ISSUES Appeal: Detrimental to the health, safety or general welfare. -General Plan promotes sustainable neighborhoods. Response: City has various goals including providing reliable cell coverage. -Approval of CUP will affect property values. Response: Subjective opinion. -Invites crime. Response: No direct evidence. Additional compliance with CVMC Section 19.89.060 (graffiti & vandalism). Page 156 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda APPEAL ISSUES Appeal: The proposed use does not comply with the Chula Vista Municipal Code. -Not most technologically feasible option. Response: Technology and equipment is ever- evolving to provide coverage with smaller devices. -Not enough information regarding co-location. Response: alternative sites/methods studied. -Tower design not compatible and setbacks only meet R-1 zone standards. Response: Compatible design, required to only meet setbacks prescribed in R-1 zone. Page 157 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda APPEAL ISSUES Claim: The granting of this conditional use will adversely affect the General Plan of the City. •General Plan policies regarding Community Image/Character, Healthy and Sustainable Communities. Response: Many competing, also complementing policies in the General Plan. Page 158 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda APPEAL ISSUES •Code Violations Against Property Owner Response: Council cannot consider code violations unrelated to the proposed project and civil matters as part of the final decision. No current code violations. •Middle-Class Tax Relief and Job Creation (Spectrum) Act of 2012. Encourages and enhances the growth of national telecommunications networks. Response: No findings found within the Act related to Planning Commission findings. Page 159 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda RECOMMENDATION Deny the Appeal and adopt a Resolution affirming the Planning Commission’s approval of Conditional Use Permit (CUP22-0052). Page 160 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda AT&T New Site Build Appeal Hearing CAL02890 430 2nd Ave. Chula Vista, CA 91910 January 2024 Page 161 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2PROPERTY OF MD7 Target Area Summary •Coverage Objective for this site includes 2nd Ave, G Street, Temple Beth Shalom, and Hilltop Dr. •This location is roughly bordered by F Street to the north, 1st Avenue to the east, H Street to the south, and Third Avenue to the west. This gap area includes hundreds of homes, houses of worship, commercial areas, busy roads, and other points of interest in the vicinity. •The proposed structure is a 45’ mono- broadleaf faux tree. Page 162 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 3PROPERTY OF MD7 Public Concerns Raised From Four Households There is one Appellant for this Project •Height of Structure •Disputed need for Proposed Site Coverage •Community Integration •Setbacks •Crime •Points of Access •Underground Equipment Page 163 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 4PROPERTY OF MD7 AT&T New Site Build CAL02890 430 2nd Ave. Chula Vista, CA 91910 Page 164 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 5PROPERTY OF MD7 Current Coverage Purple Circle = Proposed Site Yellow Circle = 740 Hilltop Drive Blue Circle = 301 E. Palomar Street Page 165 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 6PROPERTY OF MD7 Site Location in proximity to recently approved Wireless projects Page 166 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 7PROPERTY OF MD7 Current Coverage Page 167 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 8PROPERTY OF MD7 Coverage with CAL02890 Page 168 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 9PROPERTY OF MD7 Site location in proximity to recently approved AT&T Projects •The distance between Project CUP22-0052 (430 2nd Avenue) and CUP22-0044 (740 Hilltop Drive) is 0.9 miles and the coverage of the project 740 Hilltop Drive is a maximum of 0.4 miles, therefore it is not possible to achieve coverage objectives. •The distance between CUP22-0052 (430 2nd Avenue) and CUP22-0048 (301 E. Palomar Street) is even greater at 2.4 miles, therefore it is not possible to cover the objectives of 430 2nd Avenue with 301 E. Palomar Street. •Height limitations/restrictions on the two previously approved projects Hilltop Drive and Palomar Street limit their coverage radius, making our 430 2nd Avenue project necessary to address coverage needs. Page 169 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 10PROPERTY OF MD7 Photo Simulation 1 –View looking Northwest from 2nd Avenue Page 170 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 11PROPERTY OF MD7 Photo Simulation 2 –View looking South from 2nd Avenue Page 171 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 12PROPERTY OF MD7 Photo Simulation 3 -View looking West from 2nd Avenue Page 172 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 13PROPERTY OF MD7 Photo Simulation 4 –View looking Northeast from Church Parking Lot Page 173 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 14PROPERTY OF MD7 Photo Simulation 5 -View looking Southwest From 2nd Avenue with Proposed Landscaping Page 174 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 15PROPERTY OF MD7 Smart City Chula Vista Chula Vista stands at the forefront of the global smart city initiative, spearheading advancements with cutting-edge technology and sophisticated data analytics tools aimed at enhancing the quality of life and fostering economic development. The city's dedication to smart city innovation is evident in its comprehensive strategic plan and a multitude of ongoing initiatives. Some of these ongoing initiatives include: •Network Upgrades •Smart Transportation •Police Dispatch Modernization •Unmanned Aerial Systems including Drones used by the Chula Vista Police Department, rely on AT&T’s FirstNet and commercial networks to provide real-time information to First Responders. Page 175 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 16PROPERTY OF MD7 AT&T’s Commitment to Public Safety •This site coverage increase is crucial for the additional coverage and capacity it will add for FirstNet. •FirstNet is a nationwide, high-speed wireless broadband network and set of specialized, innovative tools, technologies and features specifically built for public safety. FirstNet is designed for every first responder in the country –career or volunteer; city, state, tribal or federal; and urban, suburban or rural. Think firefighters, EMS personnel, law enforcement, 9-1-1 communicators and emergency managers. FirstNet is also available to a community of users who are critical to supporting an emergency response –including nurses and physicians or utility companies that clear downed power lines and manage gas leaks. •Dedicated frequency to clear a communication highway in times of emergency •“In California 85% of 911 calls are made from a wireless device” •AT&T sole deployer of FirstNet Page 176 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 17PROPERTY OF MD7 Alternative Site #1 –398 H Street (7/11) •This address is located 0.6 miles away from the proposed site location. •Co-location would require an increase in height for the coverage and capacity to include the targeted residential zones / land use. •Modification to the existing WCF would provide less coverage and capacity due to the surrounding built environment and would not benefit the community to the same extent as the current proposal. Page 177 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 18PROPERTY OF MD7 Alternative Site #2 –287 G Street •This proposed site is located 0.3 miles away from the proposed area. •A site at this location would not have been feasible: •The location has limited parking. A standalone structure would consume usable space in an already limited area. •A rooftop facility would not allow completion of the AT&T network. The height of the building is around 28-feet and is surrounded by high vegetation and buildings that would interfere with the cell service. Page 178 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 19PROPERTY OF MD7 Alternative #3 –744 F St. •This site was suggested by Appellant (Mr. Daley). •This site is located over a mile away from the proposed target area. •There is an existing AT&T tower located at this property that is already servicing the area. •Due to this locations distance away from our target area, and being serviced by an existing AT&T facility, a co-location or increase in power at this location will not solve the issue that is presented at the current location, Page 179 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 20PROPERTY OF MD7 Alternative Site #4 –1642 Silvas Street •This site was proposed and suggested by Appellant (Mr. Daley). •This site is located 3 miles away from the proposed location and beyond AT&T’s target area. •Similar to the site at 744 F. St, due to this locations distance from our target area, and being serviced by an existing AT&T facility, a co-location or increase in power at this location will not solve the issue that is presented at the current location. •Overall, the distance of this alternative location from AT&T’s target area does not accomplish the objectives of the project. Page 180 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 21PROPERTY OF MD7 Additional Towers in Vicinity Carrier / Owner Distance Address SBA 2012 TC Assets, LLC 0.9 mi 740 Hilltop Dr. –Shown On Coverage MapsAT&T Verizon 1.2 mi 230 Broadway ACME Commercial Properties LLC 1.2 mi 346 L Street AT&T 1.3 mi 744 F Street Verizon 1.7 mi 1072 3rd Avenue Verizon 1.7 mi 402 Moonview Dr LSP South Bay, LLC 2.1 mi 990 Bay Blvd. Octagon Towers, LLC 2.4 mi 2005 Highland Ave AT&T 2.4 mi 301 E. Palomar Street –Shown On Coverage Maps SBA 2012 TC Assets, LLC 2.5 mi 545 E. Naples St Verizon 2.5 mi 1265 Nolan Ave Verizon 2.6 mi 2415 East 18th Street Towers in vicinity are not feasible due to location and coverage objectives. Page 181 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Questions? January 2024 Page 182 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 183 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 184 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 185 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 186 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 187 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 188 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 189 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 190 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 191 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 192 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 193 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 Greetings, Mayor McCann. Real mercy and compassion is based on Truth. To protect our Chula Vista children from drugs, crime, and simply bad example of citizenship, therefore, please have our anti-vagrancy laws enforced. Let the "homeless" in Chula Vista experience prolonged "intimate" conditions in our jail cells. This will encourage these homeless persons to better themselves and not forever be dependent on bleeding hearts who enable homelessness. Respectfully, Andres Wong Chula Vista Resident On Mon, Jan 15, 2024, 5:16 AM alan mil <wrote: COPY TO MAYORS SANDAG SUPERVISORS CHULA VISTA CITY COUNCIL SAN DIEGO COUNTY CITY COUNCILS CALIFORNIA SENATE REPRESENTATIVES BCC TO CONSTITUENTS FED UP HOMELESS @CITY CLERK - PLEASE FORWARD EMAIL AND POWERPOINT TO CHULA VISTA HOMELESS OUTREACH TEAM FOR REVIEW BEFORE MEETING. Please verify PowerPoint attachment received and functioning to display for my Public Speaking Agenda 8.1 and please enter entire email and PowerPoint to public record Agenda 8.1. ANTICIPATE HUGE TURNOUT OF SPEAKERS BUSINESS LEADERS - SCHOOL - RESIDENTS NOTIFIED @MAYOR MCCANN - Please allow my presentation during Agenda 8.1. An Update from the meeting last week showing changes at Harborside Oxford St and an update to Industrial Blvd. CITY MEETING 5PM TUESDAY JAN 16 2024 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=ffa1a4c1-b2ff-4616-93e4- 941646f93891&Agenda=Agenda&lang=English HOMELESS REPORT ITEM 8.1 WILL BE HEARD AT A TIME CERTAIN OF 6:00 P.M Page 194 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 WHERE ARE THE ATTACHMENTS FOR HOMELESS REPORT AGENDA 8.1? CHULA VISTA WHERE ARE BUSINESS CARDS FOR QUICK CONTACT? CHULA VISTA POLICE HOMELESS OUTREACH PROGRAM (619) 691-5151 https://www.chulavistaca.gov/departments/police-department/crime- prevention/homeless POWER POINT DESCRIPTION AGENDA 8.1 SLIDE 1-3 Homeless removed again at Oxford Street on the morning of Dec 13 City Council meeting. This time a very solid approach, the city contracted landscapers; removed all plant bushes and a second fence installed on north side of trolley tracks narrow road between Oxford and Palomar streets to prevent homeless tents returning. The Homeless moved to the south side of the trolley tracks their tents encroached on property on Industrial blvd between Palomar and Moss, are located across the street from a trailer park community of lower income and retired residents and another business, RV storage affected loss of customers due to concerns of theft from homeless. https://www.sandiegouniontribune.com/communities/south-county/story/2023-12- 13/chula-vista-city-council-harborside-park-is-staying-a-park VIDEO CHULA VISTA HOMELESS REMOVAL FAIL MOVED FROM OXFORD ST TO INDUSTRIAL BLVD Homeless Encampments located in the Palomar St and Industrial Ave TRASH EVERYWHERE STOLEN $100 SHOPPING CARTS WHY ARE THEY NOT ARRESTED? https://www.youtube.com/watch?v=FfELl_DQN1Y&t=0s SLIDE 4 AUGUST 2022 HARBORSIDE PARK FENCED OFF CLOSED The County Health Human Services Agency (HSSA) encourages homeless tents to camp to receive tax payer funded services yet HSSA do not provide solutions to end the homeless cycle. Council Preciado had proposed a meeting with HSSA with Local Business, Harborside Elementary Faculty and Local Residents at the HSSA county building at 690 Oxford street. WHEN WILL THE MEETING BE SCHEDULED? https://www.sandiegocounty.gov/content/sdc/hhsa/facilities/south/south_region_public_ health_center.html HARBORSIDE PARK CITY PAGE https://www.chulavistaca.gov/departments/parks-and-recreation/parkupdates OVER YEAR AGO Sept 21 2022 Community Meeting Harborside Elementary School Page 195 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 https://www.sandiegouniontribune.com/communities/south-county/story/2022-09- 16/after-controversial-closure-chula-vista-seeking-public-feedback-on-harborside-park SLIDE 5 Google Map showing HSSA, Biomat Blood Donation, Harborside Park and nearby business and residents affected. Huge community at Brentwood trailer park and Harborside elementary children daily see the drug tents and prostitution at Industrial blvd; AGAINST THE LAW STEALING SHOPPING CARTS, LITTERING, DOING DRUGS AND PROSTITUTION. WHY ARE THE CRIMINALS NOT ARRESTED? SLIDE 6 GOOGLE MAP STREET VIEW JAN 2023 YEAR AGO Homeless repeatedly removed again; captured by Google Mapping Vehicle at 690 Oxford Street in front of HSSA next to Harborside Park which was closed the previous year. Yet no arrests for stealing private property shopping carts; Homeless allowed to continue to use shopping carts for mobility to encroach on private property! SLIDE 7-8 Oxford Street Homeless drug tents on private property next to TWO gyms Planet Fitness and Ultimate Fitness Center Homeless drug tents at gym private property unsafe for woman using the gym. BETWEEN THE TWO GYMS A WASTELAND OF URINE AND TRASH YET NOBODY ARRESTED! AFTER HOMELESS TOLD TO LEAVE, MOVED ACROSS THE STREET IN FRONT OF HARBORSIDE PARK/ THEY MUST HAVE HEARD CITY APPROVED TAX WASTE OF $MILLION$ JUST TO REOPEN HARBORSIDE PARK. ANOTHER HOMELESS THEN TOOK OVER THE SAME SPOT MOVED IN AT THE GYM PROPERTY THE VERY NEXT DAY. BUSINESSES LOSE CUSTOMERS DUE TO HOMELESS. PLANET FITNESS 1210 BROADWAY https://www.planetfitness.com/gyms/chula-vista-broadway-ave-ca ULTIMATE FITNESS 635 OXFORD STREET http://ultimatefitnesscenterchulavista.com/locations/ SLIDE 9 GRIFOLS BIOMAT USA BLOOD DONATION $400 FOUR PINTS. In addition to County HSSA providing EBT cards that discourages getting a job to end homeless cycle, this is where Homeless get their drug money. Note the reflections in the glass of closed Harborside Park across the street and HSSA Building next door that encourages Homeless to camp nearby. https://www.yelp.com/biz/biomat-usa-chula-vista-2 You can donate plasma up to two times in a seven-day period. You can earn up to $400 for your first 4 donations this month This frequency not only supports those who depend on plasma-derived therapies but also allows you to receive compensation more often for your valuable time and commitment. Upon completing your first donation, you’ll receive the debit card, information on how to use it, a list of ATM locations where you can Page 196 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 make withdrawals, and contact information for the bank." GRIFOLS BIOMAT USA DONATE BLOOD FOR MONEY 693 PALOMAR ST (BACK DOOR FACING OXFORD STREET) https://www.grifolsplasma.com/en/-/chulavista-ca SLIDE 10 Oxford Street across the street from Harborside Park and County Health Human Services building: Multiple cell phone tables blocking ADA Access of public sidewalk and encroachment of private property when told to move off the sidewalk; provide California Free Cell Phone Program funded by tax payers; the "free cell phones with free data plan" are given as tax write off to homeless for their drug deals in the next slide. SLIDE 11 ANDREA CARDENAS DISTRICT APPROVED TWO CANNABIS SHOPS SERVE HOMELESS CITY SANCTIONED MARIJUANA SAME PARKING LOT THE $400 FROM BLOOD DONATION SPENT FOR CANNABIS THE SAME PARKING LOT IS WHERE DRUG DEALS TAKE PLACE ENDANGER SENIOR CITIZENS AT IHOP AND WOMAN AT PLANET FITNESS GYM 1214 Broadway Chula Vista, CA 91911 https://www.harvesthoc.com/locations/california/chula-vista/harvest-of-chula-vista/ 1208 Broadway Chula Vista, CA 91911 https://e7ca.com/our-locations/chula-vista/ GOVERNMENT THE BIGGEST CARTEL CAUSE HOMELESS CHULA VISTA COUNCIL ANDREA CARDENAS AND HER BROTHER JESUS CARDENAS GRASSROOTS POLITICAL OPERATIVE USES CROSS FUNDING WITH HARBOR COLLECTIVE CANNABIS. TOOK IN PPP FUNDS BY CLAIMING 32 EMPLOYEES FROM THEIR HARBOR COLLECTIVE CONNECTION TO FUND ELECTION OF COUNCIL CARDENAS. FEDS KNEW CARDENAS GRASSROOTS A CAMPAIGN OPERATIVE GAVE THE MONEY FOR DEMOCRAT PARTY AND IGNORED MANY BUSINESSES THAT PAID TAXES FOR TWO YEARS DURING COVID; THE MONEY NOW FUNDS PPP HANDOUTS YET MANY SMALL BUSINESS RECEIVED NO PPP ASSIST! CITY COUNCIL ANDREA CARDENAS AND HER BROTHER JESUS CARDENAS AWAITING TRIAL CHARGED BY COUNTY DA FOR MONEY LAUNDERING AND THEFT, YET CARDENAS STILL VOTES DECIDING WHO GETS ON CITY FUNDING PROJECTS. https://voiceofsandiego.org/2023/11/02/morning-report-da-goes-after-cardenas- siblings/ PDF DA CHARGE https://voiceofsandiego.org/wp- content/uploads/2023/11/DAclaimscardenas.pdf Page 197 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 COUNCIL CARDENAS CANNABIS CARTEL ELECTION CORRUPTION FOR YEARS One client has been Blue Water Governmental Affair, a local firm specializing in representing cannabis dispensaries. Blue Water is owned by Dallin Young, the former head of the Association of Cannabis Professionals that worked with Grassroots Resources on cannabis ballot initiatives in local cities. Cardenas does not disclose the nature of the work or any of Blue Water's clients that Grassroots Resources may have represented. Another Grassroots client is Margin Victories, a political consulting firm owned by Jehoan Espinoza, a local political consultant who has worked on various campaigns with Grassroots Resources, including last year's campaigns of Chula Vista Council members Jose Preciado and Carolina Chavez, who, together with Cardenas, now make up a majority of the Council.Margin Victories received payments of over $1.1 million last year from the San Diego County Democratic Party for member communications campaigns in support of Preciado, Chavez, and Ammar Campa-Najjar, the losing candidate for Mayor in last year's election.During the 2022 elections, Margin Victories paid $205,000 to Grassroots Resources for work on the Chula Vista campaigns for Preciado, Chavez, and Campa- Najjar, as well as Chula Vista Elementary School District candidates. Margin Victories' Espinoza lived at the same address as Councilwoman Cardenas while he was running the campaigns for City Council candidates and while Margin Victories paid her company. Cardenas has not disclosed any of Margin Victories' clients. Grassroots Resources also represented March & Ash, the largest cannabis company in San Diego. March & Ash owns two branded dispensaries in Chula Vista, and operates a third location run Page 198 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 under a different brand, Pacabol. Both March & Ash representatives and Jesus Cardenas confirm that the payments were for work related to Imperial Beach, but the company's locations in Chula Vista could still pose a conflict of interest for the Councilwoman." https://laprensa.org/acardenasdisclosures TWO CANNABIS DISPENSARIES SAME PARKING LOT TWO BLOCKS FROM ELEMENTARY SCHOOL TODAY HOMELESS STAGNATION FROM CANNABIS SHOPS SPONSORED BY GOVERNMENT SLIDE 12 Drone view of Harborside Park between County HSSA, Harborside Elementary school, Costco and Walmart. ALL THE RESIDENTS OF BRENTWOOD TRAILER PARK NOW AFFECTED BY HOMELESS ENCROACHMENT Enjoy all of the conveniences of metropolitan living in our unique bayside Chula Vista community. Conveniently located near I-5, our manufactured homes place you less than 12 miles from downtown San Diego and its many attractions. Harborside Elementary School, Costco, and Walmart are a short stroll away. Plus, you’ll find an array of shops, cafes, and eateries at Palomar Trolley Center. And when you’re ready for a little outdoor fun, head to nearby Harborside Park, featuring a skate park, basketball hoops, a soccer field, and more." 1100 Industrial Blvd Chula Vista, CA 91911 https://www.brentwoodmhc.com/ SLIDE 13 AT COLORADO AND K BLOCKS AWAY THE ONLY TINY OLD PLAYGROUND FOR HARBORSIDE COMMUNITY Page 199 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 COMPARE THIS TO ACRES OF PLAYGROUND AND REAL TURF AT OTHER COMMUNITIES SLIDE 14 IMMEDIATE SOLUTION 644 NAPLES STREET CHULA VISTA ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER Mayor McCann as active duty Naval Officer has direct communication to Navy to release the abandoned building to Chula Vista city for use as a homeless shelter. Installation of bunk beds can be brought in from the shut down 550 bed homeless shelter at Golden hall. The abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxford Street at Harborside. This will remove safety risk at Harborside Elementary School, Harborside park and the community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. A PERMENANT BUILDING FOR CONTINUAL SERVICE ANY NEW HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO TINY HOMES. DETOX AND A JOB (NOT TIME WASTE JOB TRAINING) FOR INDIVIDUALS PAYING THEIR OWN RENT IN PERMANENT HOUSING. SLIDE 15 Heartless San Diego City closed down 550 bed shelter Golden Hall CONTACT SAN DIEGO GET THE UNUSED BUNK BEDS FOR TRICARE BUILDING https://www.sandiegouniontribune.com/news/homelessness/story/2023-02-28/golden- hall-shelter-to-closes-homeless-people-to-be-relocated Every homeless in subsidized shelter; the city must enforce rules NO SUBSTANCE ABUSE AND DETOX TO STOP HABIT, the homeless (TRUTH CALL THEM JOBLESS) must attend employment agency (CASE WORKER MONITOR ENFORCEMENT) located just blocks away on 1111 Bay Boulevard Suite E Chula Vista CA, 91911. HOMELESS MOVE Page 200 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 UP TO TINY HOME ONLY AFTER OBTAIN JOB. THE FINAL GOAL WITH JOB TO PAY OWN RENT GET SELF SENSE OF WORTH TO END HOMELESS CYCLE. https://www.unemploymentoffice.org/job-search https://www.unemploymentoffice.org/chula-vista-california-unemployment-office SLIDE 16-17 TWO FAILURES OF TAX FUNDED HOUSING K & 3RD AND E & 3RD SUBURBS DESTROYED GREED Mountain West Developer admitted even after tax payers pay monthly subsidy rent still $800 a month https://www.mountainwest.com/development https://www.mountainwest.com/hsmc https://www.casaestilocv.com/ Non Profit" RHF PROFITS BILLIONS 55 Unit The Project same name as Projects East Coast Government Housing NON PROFIT RHF MAKING BILLIONS FROM TAX PAYERS https://rhf.org/ CHULA VISTA 5.9 APPROVED AFTER RECEIVING PAYMENT FROM RHF TO FUND 55 UNIT HOUSING https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=944aad36-884f-4db9- 9b10-d7d50f634701&Agenda=PostMinutes&lang=English&Item=35&Tab=attachments AGENDA 5.9 https://pub- chulavista.escribemeetings.com/filestream.ashx?DocumentId=36854 RUIN SINGLE FAMILY HOME COMMUNITY FOR HIGH RISE HOUSING Laurie Orange of Community Congregational Development Corporation CCDC is a Chula Vista nonprofit. Since 2013, has granted MONEY FROM TAX PAYERS $6.4 million to 22 local nonprofit and government agencies serving seniors in South Bay. https://www.sandiegouniontribune.com/caregiver/news-for-caregivers/story/2022-08- 11/local-nonprofit-surpasses-6-million-in-grants-distributed-to-support-south-bay- seniors CCDC has historically invested in affordable housing developments for seniors and older adults. In the last few years, we have started to fund pilot projects and the expansion of existing programs and services in the areas of transportation and social engagement, as Page 201 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 well as housing- and transit-related infrastructure. https://www.ccdc4seniors.org/wp-content/uploads/2021/05/CCDC-Grant-Application- May-2021-Final.pdf SLIDE 18 ENFORCE THE EXISTING LAW DRUG USE AGAINST THE LAW CANNOT ENCROACH ON PRIVATE PROPERTY CANNOT SET UP TENTS ON PUBLIC PROPERTY CORONADO CITY HAS ENFORCED THE LAW HAS NO HOMELESS ACROSS THE WORLD KNOWS CORONADO HOMELESS SOLUTION We make it very clear that we don't tolerate encampments along our sidewalks, and we don't tolerate other code violations such as being drunk in public or urinating in public or defecating in public,' Mayor Bailey said. 'We just simply don't tolerate these basic code violations. What ends up happening is an individual either chooses to get help or they end up leaving.' The city leader went on to add that contributing to the ongoing homeless crisis - especially in California - are progressive leaders' failure to hold willingly homeless citizens accountable for their life choices.'The fact of the matter is there, although there are a myriad of reasons that people end up homeless, they eventually only fall into two camps — those that want help and those that do not want help,' Bailey said. And if those that are refusing to get help… shouldn't be granted additional the ability to break laws such as tent encampments on the sidewalk or urinating or defecating in public.' " https://www.dailymail.co.uk/news/article-11813713/Republican-mayor-claims-city-NO- homeless-says-liberal-cities-tolerate-destructive-behavior.html CBS 8 NEWS AUGUST 2022 OVER A YEAR AGO Chula Vista City Council To Address Homeless Issue At Harborside Park People in Chula Vista gathered to discuss solutions for a homeless encampment at a park, right next to an elementary school. Families and homeless advocates both agree that closing down Harborside Park is not the solution. Parents say this will not keep homeless people away from being near the elementary school. https://www.cbs8.com/article/news/local/chula-vista-city-council-to-address-homeless- issue-at-harborside-park/509-dd641334-16df-467c-9165-847f6b45ed71 HISTORY HOMELESS TENTS REMOVED FROM PARK TODAY THE DRUG TENTS ARE NOW ACROSS THE STREET THE COUNTY HEALTH HUMAN SERVICES THE MAGNET FOR HOMELESS https://www.youtube.com/watch?v=FwZu8ogEL0c&t=0s El Cajon Police January 2024 Homelessness Documentary https://www.youtube.com/watch?v=UVVsME8zTLE&t=0s Page 202 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 Dive deep into the heart of El Cajon's streets. Witness firsthand how our Special Enforcement Unit tirelessly offers support to the homeless, only to confront a harsh truth; freedom on the streets often outweighs the safety of shelters and the structure of transitional living. Hear directly from individuals who choose the streets despite a myriad of resources available. We all seek solutions, but when the laws we trust fall short, where do we stand? Join the conversation, share your thoughts, and let's search for answers together. Watch now and see the issue through the eyes of those living it every day." STATE SOLUTION CITY CAN DO = REMOVE LAWS THAT ENCOURAGE HOMELESS HISTORY - NATIONAL CITY REMOVED CAR CRUSING BAN THAT AFFECTED COMMUNITY https://a80.asmdc.org/sites/a80.asmdc.org/files/2023- 06/AB%20436%20Fact%20Sheet.pdf CITY AND COMMUNITY CONVINCED SENATOR ALVAREZ STATE WIDE REMOVE CRUISING BAN https://a80.asmdc.org/press-releases/20230206-assemblymember-alvarez-introduces- legislation-remove-ban-cruising WILL CITY REPS WORK WITH STATE SENATE ASSEMBLY REMOVE BAD LAWS? California Proposition 47, Reduced Penalties for Some Crimes Initiative (2014) https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Cri mes_Initiative_(2014) A Yes vote supported classifying certain crimes as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses or certain gun crimes; allowing resentencing for those currently serving a prison sentence for any of the offenses that the initiative reduced to misdemeanors; and creating the Safe Neighborhoods and Schools Fund to receive appropriations based on savings from the initiative. Some people calculate, 'Hey, you know, I don't want to go over the $950, so let me steal $949 worth of property'," said San Francisco Police Chief William Scott.[1] San Diego Police Chief Shelley Zimmerman described Proposition 47 as a "virtual get-out-of- jail-free card."[2] California Proposition 57, Parole Non-Violent Criminals and Juvenile Court Requirements (2016) https://ballotpedia.org/California_Proposition_57,_Parole_for_Non- Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016) A Yes vote supported increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court. Using numbers from early 2016, there were about 25,000 nonviolent state felons that could seek early release and parole under Proposition 57.[10] Proposition 57 was also designed to lower prison population numbers.[7] Page 203 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Wong Received 1/16/24 Alan Curry Page 204 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 From: Laura Douglas Sent: Tuesday, January 16, 2024 1:34 PM Subject: Re: HOMELESS REPORT CHULA VISTA JAN 16 CITY HALL 5PM 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 Media, Be there to hear the report on Homelessness in the city of Chula Vista! On Mon, Jan 15, 2024 at 5:16 AM alan mil wrote: COPY TO MAYORS SANDAG SUPERVISORS CHULA VISTA CITY COUNCIL SAN DIEGO COUNTY CITY COUNCILS CALIFORNIA SENATE REPRESENTATIVES BCC TO CONSTITUENTS FED UP HOMELESS @CITY CLERK - PLEASE FORWARD EMAIL AND POWERPOINT TO CHULA VISTA HOMELESS OUTREACH TEAM FOR REVIEW BEFORE MEETING. Please verify PowerPoint attachment received and functioning to display for my Public Speaking Agenda 8.1 and please enter entire email and PowerPoint to public record Agenda 8.1. ANTICIPATE HUGE TURNOUT OF SPEAKERS BUSINESS LEADERS - SCHOOL - RESIDENTS NOTIFIED Some people who received this message don't often get email from Learn why this is important Page 205 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 @MAYOR MCCANN - Please allow my presentation during Agenda 8.1. An Update from the meeting last week showing changes at Harborside Oxford St and an update to Industrial Blvd. CITY MEETING 5PM TUESDAY JAN 16 2024 276 FOURTH AVE CHULA VISTA https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=ffa1a4c1-b2ff-4616-93e4- 941646f93891&Agenda=Agenda&lang=English HOMELESS REPORT ITEM 8.1 WILL BE HEARD AT A TIME CERTAIN OF 6:00 P.M WHERE ARE THE ATTACHMENTS FOR HOMELESS REPORT AGENDA 8.1? CHULA VISTA WHERE ARE BUSINESS CARDS FOR QUICK CONTACT? CHULA VISTA POLICE HOMELESS OUTREACH PROGRAM (619) 691-5151 https://www.chulavistaca.gov/departments/police-department/crime-prevention/homeless ================= POWER POINT DESCRIPTION AGENDA 8.1 SLIDE 1-3 Homeless removed again at Oxford Street on the morning of Dec 13 City Council meeting. This time a very solid approach, the city contracted landscapers; removed all plant bushes and a second fence installed on north side of trolley tracks narrow road between Oxford and Palomar streets to prevent homeless tents returning. The Homeless moved to the south side of the trolley tracks their tents encroached on property on Industrial blvd between Palomar and Moss, are located across the street from a trailer park community of lower income and retired residents and another business, RV storage affected loss of customers due to concerns of theft from homeless. https://www.sandiegouniontribune.com/communities/south -county/story/2023-12-13/chula- vista-city-council-harborside-park-is-staying-a-park VIDEO CHULA VISTA HOMELESS REMOVAL FAIL MOVED FROM OXFORD ST TO INDUSTRIAL BLVD Homeless Encampments located in the Palomar St and Industrial Ave TRASH EVERYWHERE STOLEN $100 SHOPPING CARTS WHY ARE THEY NOT ARRESTED? https://www.youtube.com/watch?v=FfELl_DQN1Y&t=0s SLIDE 4 AUGUST 2022 HARBORSIDE PARK FENCED OFF CLOSED The County Health Human Services Agency (HSSA) encourages homeless tents to camp to receive tax payer funded services yet HSSA do not provide solutions to end the homeless cycle. Council Preciado had proposed a meeting with HSSA with Local Business, Harbor side Page 206 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 Elementary Faculty and Local Residents at the HSSA county building at 690 Oxford street. WHEN WILL THE MEETING BE SCHEDULED? https://www.sandiegocounty.gov/content/sdc/hhsa/facilities/south/south_region_public_heal th_center.html HARBORSIDE PARK CITY PAGE https://www.chulavistaca.gov/departments/parks-and-recreation/parkupdates OVER YEAR AGO Sept 21 2022 Community Meeting Harborside Elementary School https://www.sandiegouniontribune.com/communities/south -county/story/2022-09-16/after- controversial-closure-chula-vista-seeking-public-feedback-on-harborside-park SLIDE 5 Google Map showing HSSA, Biomat Blood Donation, Harborside Park and nearby business and residents affected. Huge community at Brentwood trailer park and Harborside elementary children daily see the drug tents and prostitution at Industrial blvd; AGAINST THE LAW STEALING SHOPPING CARTS, LITTERING, DOING DRUGS AND PROSTITUTION. WHY ARE THE CRIMINALS NOT ARRESTED? SLIDE 6 GOOGLE MAP STREET VIEW JAN 2023 YEAR AGO Homeless repeatedly removed again; captured by Google Mapping Vehicle at 690 Oxford Street in front of HSSA next to Harborside Park which was closed the previous year. Yet no arrests for stealing private property shopping carts; Homeless allowed to continue to use shopping carts for mobility to encroach on private property! SLIDE 7-8 Oxford Street Homeless drug tents on private property next to TWO gyms Planet Fitness and Ultimate Fitness Center Homeless drug tents at gym private property unsafe for woman using the gym. BETWEEN THE TWO GYMS A WASTELAND OF URINE AND TRASH YET NOBODY ARRESTED! AFTER HOMELESS TOLD TO LEAVE, MOVED ACROSS THE STREET IN FRONT OF HARBORSIDE PARK/ THEY MUST HAVE HEARD CITY APPROVED TAX WASTE OF $MILLION$ JUST TO REOPEN HARBORSIDE PARK. ANOTHER HOMELESS THEN TOOK OVER THE SAME SPOT MOVED IN AT THE GYM PROPERTY THE VERY NEXT DAY. BUSINESSES LOSE CUSTOMERS DUE TO HOMELESS. PLANET FITNESS 1210 BROADWAY https://www.planetfitness.com/gyms/chula-vista-broadway-ave-ca ULTIMATE FITNESS 635 OXFORD STREET http://ultimatefitnesscenterchulavista.com/locations/ SLIDE 9 GRIFOLS BIOMAT USA BLOOD DONATION $400 FOUR PINTS. In addition to County HSSA providing EBT cards that discourages getting a job to end homeless cycle, this is where Homeless get their drug money. Note the reflections in the glass of closed Harborside Park across the street and HSSA Building next door that encourages Homeless to camp nearby. Page 207 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 https://www.yelp.com/biz/biomat-usa-chula-vista-2 "You can donate plasma up to two times in a seven-day period. You can earn up to $400 for your first 4 donations this month This frequency not only supports those who depend on plasma-derived therapies but also allows you to receive compensation more often for your valuable time and commitment. Upon completing your first donation, you’ll receive the debit card, information on how to use it, a list of ATM locations where you can make withdrawals , and contact information for the bank." GRIFOLS BIOMAT USA DONATE BLOOD FOR MONEY 693 PALOMAR ST (BACK DOOR FACING OXFORD STREET) https://www.grifolsplasma.com/en/-/chulavista-ca SLIDE 10 Oxford Street across the street from Harborside Park and County Health Human Services building: Multiple cell phone tables blocking ADA Access of public sidewalk and encroachment of private property when told to move off the sidewalk; provide California Free Cell Phone Program funded by tax payers; the "free cell phones with free data plan" are given as tax write off to homeless for their drug deals in the next slide. SLIDE 11 ANDREA CARDENAS DISTRICT APPROVED TWO CANNABIS SHOPS SERVE HOMELESS CITY SANCTIONED MARIJUANA SAME PARKING LOT THE $400 FROM BLOOD DONATION SPENT FOR CANNABIS THE SAME PARKING LOT IS WHERE DRUG DEALS TAKE PLACE ENDANGER SENIOR CITIZENS AT IHOP AND WOMAN AT PLANET FITNESS GYM 1214 Broadway Chula Vista, CA 91911 https://www.harvesthoc.com/locations/california/chula-vista/harvest-of-chula-vista/ 1208 Broadway Chula Vista, CA 91911 https://e7ca.com/our-locations/chula-vista/ GOVERNMENT THE BIGGEST CARTEL CAUSE HOMELESS CHULA VISTA COUNCIL ANDREA CARDENAS AND HER BROTHER JESUS CARDENAS GRASSROOTS POLITICAL OPERATIVE USES CROSS FUNDING WITH HARBOR COLLECTIVE CANNABIS. TOOK IN PPP FUNDS BY CLAIMING 32 EMPLOYEES FROM THEIR HARBOR COLLECTIVE CONNECTION TO FUND ELECTION OF COUNCIL CARDENAS. FEDS KNEW CARDENAS GRASSROOTS A CAMPAIGN OPERATIVE GAVE THE MONEY FOR DEMOCRAT PARTY AND IGNORED MANY BUSINESSES THAT PAID TAXES FOR TWO YEARS DURING COVID; THE MONEY NOW FUNDS PPP HANDOUTS YET MANY SMALL BUSINESS RECEIVED NO PPP ASSIST! CITY COUNCIL ANDREA CARDENAS AND HER BROTHER JESUS CARDENAS AWAITING TRIAL CHARGED BY COUNTY DA FOR MONEY LAUNDERING AND THEFT, YET CARDENAS STILL VOTES DECIDING WHO GETS ON CITY FUNDING PROJECTS. https://voiceofsandiego.org/2023/11/02/morning-report-da-goes-after-cardenas-siblings/ PDF DA CHARGE https://voiceofsandiego.org/wp- content/uploads/2023/11/DAclaimscardenas.pdf Page 208 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 COUNCIL CARDENAS CANNABIS CARTEL ELECTION CORRUPTION FOR YEARS "One client has been Blue Water Governmental Affair, a local firm specializing in represent ing cannabis dispensaries. Blue Water is owned by Dallin Young, the former head of the Association of Cannabis Professionals that worked with Grassroots Resources on cannabis ballot initiatives in local cities. Cardenas does not disclose the nature of the work or any of Blue Water's clients that Grassroots Resources may have represented. Another Grassroots client is Margin Victories, a political consulting firm owned by Jehoan Espinoza, a local political consultant who has worked on various campaigns with Grassroots Resources, including last year's campaigns of Chula Vista Council members Jose Preciado and Carolina Chavez, who, together with Cardenas, now make up a majority of the Council.Margin Victories received payments of over $1.1 million last year from the San Diego County Democratic Party for member communications campaigns in support of Preciado, Chavez, and Ammar Campa-Najjar, the losing candidate for Mayor in last year's election.During the 2022 elections, Margin Victories paid $205,000 to Grassroots Resources for work on the Chula Vista campaigns for Preciado, Chavez, and Campa- Najjar, as well as Chula Vista Elementary School District candidates. Margin Victories' Espinoza lived at the same address as Councilwoman Cardenas while he was running the campaigns for City Council candidates and while Margin Victories paid her company. Cardenas has not disclosed any of Margin Victories' clients. Grassroots Resources also represented March & Ash, the largest cannabis company in San Diego. March & Ash owns two branded dispensaries in Chula Vista, and operates a third location run under a different brand, Pacabol. Both March & Ash representatives and Jesus Cardenas confirm that the payments were for work related to Page 209 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 Imperial Beach, but the company's locations in Chula Vista could still pose a conflict of interest for the Councilwoman." https://laprensa.org/acardenasdisclosures TWO CANNABIS DISPENSARIES SAME PARKING LOT TWO BLOCKS FROM ELEMENTARY SCHOOL TODAY HOMELESS STAGNATION FROM CANNABIS SHOPS SPONSORED BY GOVERNMENT SLIDE 12 Drone view of Harborside Park between County HSSA, Harborside Elementary school, Costco and Walmart. ALL THE RESIDENTS OF BRENTWOOD TRAILER PARK NOW AFFECTED BY HOMELESS ENCROACHMENT " Enjoy all of the conveniences of metropolitan living in our unique bayside Chula Vista community. Conveniently located near I-5, our manufactured homes place you less than 12 miles from downtown San Diego and its many attractions. Harborside Elementary School, Costco, and Walmart are a short stroll away. Plus, you’ll find an array of shops, cafes, and eateries at Palomar Trolley Center. And when you’re ready for a little outdoor fun, head to nearby Harborside Park, featuring a skate park, basketball hoops, a soccer field, and more." 1100 Industrial Blvd Chula Vista, CA 91911 https://www.brentwoodmhc.com/ SLIDE 13 AT COLORADO AND K BLOCKS AWAY THE ONLY TINY OLD PLAYGROUND FOR HARBORSIDE COMMUNITY COMPARE THIS TO ACRES OF PLAYGROUND AND REAL TURF AT OTHER COMMUNITIES SLIDE 14 IMMEDIATE SOLUTION 644 NAPLES STREET CHULA VISTA Page 210 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER Mayor McCann as active duty Naval Officer has direct communication to Navy to release the abandoned building to Chula Vista city for use as a homeless shelter. Installation of bunk beds can be brought in from the shut down 550 bed homeless shelter at Golden hall. The abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxford Street at Harborside. This will remove safety risk at Harborside Elementary School, Harborside park and the community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. A PERMENANT BUILDING FOR CONTINUAL SERVICE ANY NEW HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO TINY HOMES. DETOX AND A JOB (NOT TIME WASTE JOB TRAINING) FOR INDIVIDUALS PAYING THEIR OWN RENT IN PERMANENT HOUSING. SLIDE 15 Heartless San Diego City closed down 550 bed shelter Golden Hall CONTACT SAN DIEGO GET THE UNUSED BUNK BEDS FOR TRICARE BUILDING https://www.sandiegouniontribune.com/news/homelessness/story/2023-02-28/golden-hall- shelter-to-closes-homeless-people-to-be-relocated Every homeless in subsidized shelter; the city must enforce rules NO SUBSTANCE ABUSE AND DETOX TO STOP HABIT, the homeless (TRUTH CALL THEM JOBLESS) must attend employment agency (CASE WORKER MONITOR ENFORCEMENT) located just blocks away on 1111 Bay Boulevard Suite E Chula Vista CA, 91911. HOMELESS MOVE UP TO TINY HOME ONLY AFTER OBTAIN JOB. THE FINAL GOAL WITH JOB TO PAY OWN RENT GET SELF SENSE OF WORTH TO END HOMELESS CYCLE. https://www.unemploymentoffice.org/job-search Page 211 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 https://www.unemploymentoffice.org/chula-vista-california-unemployment-office SLIDE 16-17 TWO FAILURES OF TAX FUNDED HOUSING K & 3RD AND E & 3RD SUBURBS DESTROYED GREED Mountain West Developer admitted even after tax payers pay monthly subsidy rent still $800 a month https://www.mountainwest.com/development https://www.mountainwest.com/hsmc https://www.casaestilocv.com/ "Non Profit" RHF PROFITS BILLIONS 55 Unit The Project same name as Projects East Coast Government Housing NON PROFIT RHF MAKING BILLIONS FROM TAX PAYERS https://rhf.org/ CHULA VISTA 5.9 APPROVED AFTER RECEIVING PAYMENT FROM RHF TO FUND 55 UNIT HOUSING https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=944aad36-884f-4db9-9b10- d7d50f634701&Agenda=PostMinutes&lang=English&Item=35&Tab=attachments AGENDA 5.9 https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=36854 RUIN SINGLE FAMILY HOME COMMUNITY FOR HIGH RISE HOUSING Laurie Orange of Community Congregational Development Corporation CCDC is a Chula Vista nonprofit. Since 2013, has granted MONEY FROM TAX PAYERS $6.4 million to 22 local nonprofit and government agencies serving seniors in South Bay. https://www.sandiegouniontribune.com/caregiver/news-for-caregivers/story/2022-08- 11/local-nonprofit-surpasses-6-million-in-grants-distributed-to-support-south-bay-seniors CCDC has historically invested in affordable housing developments for seniors and older adults. In the last few years, we have started to fund pilot projects and the expansion of existing programs and services in the areas of transportation and social engagement, as well as housing- and transit-related infrastructure. https://www.ccdc4seniors.org/wp-content/uploads/2021/05/CCDC-Grant-Application-May- 2021-Final.pdf SLIDE 18 Page 212 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 ENFORCE THE EXISTING LAW DRUG USE AGAINST THE LAW CANNOT ENCROACH ON PRIVATE PROPERTY CANNOT SET UP TENTS ON PUBLIC PROPERTY CORONADO CITY HAS ENFORCED THE LAW HAS NO HOMELESS ACROSS THE WORLD KNOWS CORONADO HOMELESS SOLUTION "'We make it very clear that we don't tolerate encampments along our sidewalks, and we don't tolerate other code violations such as being drunk in public or urinating in public or defecating in public,' Mayor Bailey said. 'We just simply don't tolerate these basic code violations. What ends up happening is an individual either chooses to get help or they end up leaving.' The city leader went on to add that contributing to the ongoing homeless crisis - especially in California - are progressive leaders' failure to hold willingly homeless citizens accountable for their life choices.'The fact of the matter is there, although there are a myriad of reasons that people end up homeless, they eventually only fall into two camps — those that want help and those that do not want help,' Bailey said. 'And if those that are refusing to get help… shouldn't be granted additional the ability to break laws such as tent encampments on the sidewalk or urinating or defecating in public.' " https://www.dailymail.co.uk/news/article-11813713/Republican-mayor-claims-city-NO- homeless-says-liberal-cities-tolerate-destructive-behavior.html CBS 8 NEWS AUGUST 2022 OVER A YEAR AGO Chula Vista City Council To Address Homeless Issue At Harborside Park People in Chula Vista gathered to discuss solutions for a homeless encampment at a park, right next to an elementary school. Families and homeless advocates both agree that closing down Harborside Park is not the solution. Parents say this will not keep homeless people away from being near the elementary school. https://www.cbs8.com/article/news/local/chula-vista-city-council-to-address-homeless-issue- at-harborside-park/509-dd641334-16df-467c-9165-847f6b45ed71 HISTORY HOMELESS TENTS REMOVED FROM PARK TODAY THE DRUG TENTS ARE NOW ACROSS THE STREET THE COUNTY HEALTH HUMAN SERVICES THE MAGNET FOR HOMELESS https://www.youtube.com/watch?v=FwZu8ogEL0c&t=0s El Cajon Police January 2024 Homelessness Documentary https://www.youtube.com/watch?v=UVVsME8zTLE&t=0s "Dive deep into the heart of El Cajon's streets. Witness firsthand how our Special Enforcement Unit tirelessly offers support to the homeless, only to confront a harsh truth; freedom on the streets often outweighs the safety of shelters and the structure of transitional living. Hear directly from individuals who choose the streets despite a myriad of resources available. We all seek solutions, but when the laws we trust fall short, where do we stand? Join the conversation, Page 213 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Douglas Received 1/16/24 share your thoughts, and let's search for answers together. Watch now and see the issue through the eyes of those living it every day." STATE SOLUTION CITY CAN DO = REMOVE LAWS THAT ENCOURAGE HOMELESS HISTORY - NATIONAL CITY REMOVED CAR CRUSING BAN THAT AFFECTED COMMUNITY https://a80.asmdc.org/sites/a80.asmdc.org/files/2023-06/AB%20436%20Fact%20Sheet.pdf CITY AND COMMUNITY CONVINCED SENATOR ALVAREZ STATE WIDE REMOVE CRUISING BAN https://a80.asmdc.org/press-releases/20230206-assemblymember-alvarez-introduces- legislation-remove-ban-cruising WILL CITY REPS WORK WITH STATE SENATE ASSEMBLY REMOVE BAD LAWS? California Proposition 47, Reduced Penalties for Some Crimes Initiative (2014) https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Ini tiative_(2014) "A Yes vote supported classifying certain crimes as misdemeanors instead of felonies unless the defendant had prior convictions for murder, rape, certain sex offenses or certain gun crimes; allowing resentencing for those currently serving a prison sentence for any of the offenses that the initiative reduced to misdemeanors; and creating the Safe Neighborhoods and Schools Fund to receive appropriations based on savings from the initiative. Some people calculate, 'Hey, you know, I don't want to go over the $950, so let me steal $949 worth of property'," said San Francisco Police Chief William Scott.[1] San Diego Police Chief Shelley Zimmerman described Proposition 47 as a "virtual get-out-of-jail-free card."[2] California Proposition 57, Parole Non-Violent Criminals and Juvenile Court Requirements (2016) https://ballotpedia.org/California_Proposition_57,_Parole_for_Non- Violent_Criminals_and_Juvenile_Court_Trial_Requirements_(2016) "A Yes vote supported increasing parole and good behavior opportunities for felons convicted of nonviolent crimes and allowing judges, not prosecutors, to decide whether to try certain juveniles as adults in court. Using numbers from early 2016, there were about 25,000 nonviolent state felons that could seek early release and parole under Proposition 57 .[10] Proposition 57 was also designed to lower prison population numbers.[7] " -- Alan Curry Laura Douglas Page 214 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Fischer Received 1/16/24 John Fischer CV City Council 01/16/24 Talking Points re Homeless Encampment on Industrial Blvd 1) Impact of homeless encampment on our storage business on Industrial Blvd: a. Increased questions and concerns by customers about our security measures b. Trash and human fecal matter near out business c. People parking in our business lot and along Industrial to run across and “visit” the campers – blocking our customers entering/exiting as well as causing a traffic safety hazard blocking bike lanes and normal traffic when they park on Industrial. Some of these visitors are people offering food, etc to campers, and others are obviously drug customers… d. Expenditures of several thousand dollars in labor and materials for: i. Enhanced perimeter lighting (similar/same as what city has put up at the Palomar Motel) ii. Enhanced Fencing/perimeter protection iii. Graffiti cleanup/painting over iv. Increased “litter patrol” on our property 2) Homeless encampment cleaned up 12/12/23 and 1/9/24 – 1 month interval. Massive effort on 01/09/24 involving many people from police, non-profit support groups (Alpha Project?), other city workers (not sure total count or man hours) but so much trash that a large bucket loader was required to move it into dump trucks – too long between cleanups, and during all the time they are camped there is ongoing exposure of neighborhood, school kids, and businesses to the squalor, drug use, and insecurity, not to mention traffic safety issues as “visitors” frequently stop along narrow Industrial Blvd to visit or do business with campers…Notified 1/16/24 – assume cleanup will be 01/17/24…can we count on weekly action? a. Problem is, the unhoused set tents back up the same afternoon/evening as the cleanup and move- out happened… 3) Until longer term solutions can be enacted, we need to protect the spaces they are moved from from being immediate re-occupied…. a. Suggested options - ; fencing (as MTS has done near Palomar), landscaping (boulders, cactus, lighting…Frequent patrols once ordinances are enacted…? b. Lease or sell vacant land to private interested parties so that trespassing laws can be enforced… c. Other ideas? 4) Chula Vista goes to great lengths and expense to offer services and support to those trying to break the cycle of homelessness…Ernie Pinedo (and Angelica from Housing and Homeless Services Department) have spent a bit of time with me and other business owners in the area educating us on the services CV offers as well as the restrictions and limitations the city has to work under to abide by the laws protecting the rights of the un housed….The problem is many of the homeless don’t accept services…and what to do then? 5) Give Police the tools they need to deal with homeless who refuse help. I urge the City to enact a “No camping” ordinance following examples of Poway, San Diego and Sacramento. “Not allowed on public or Page 215 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.1 – Fischer Received 1/16/24 private lands except for where specifically allowed.” And camping in Sensitive spaces (near schools, utilities, waterways, etc) is a citable offense, with escalation to repeat offenders… 6) Coupled with the above, Give unhoused campers a safe place to go – I urge city to move with priority to identify a “Safe Camping” location where homeless can be moved to IFF they won’t accept ser vices….”If you must camp, you can camp here safely and with hygienic facilities etc….”. a. Provide the services and resources that are the “magnets” that make this Palomar/Industrial space a “desirable” place to camp in the new location… i. Have County HHS set up times and spaces in that campsite to provide services currently offered at HHS building. ii. Direct charitable organizations, or even businesses, to provide the help they offer in those spaces ONLY! (Think like “bookmobile” or “bloodmobile” mobile services) Thank you for your time and attention to this urgent issue. Page 216 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 1 Written QqnununicafionsItem #Name &)Zi To the Mayor of Chula Vista and City Council members JAN 15 2024 I am Kwon Kim, the owner of Palomar Toys, who has been in the toy business for over 25 years at 669 Palomar St #F chula vista. My store is bordered by Oxford St and faces Harborside Park and Walmart. I lived in the United States for a considerable period of time and have American citizenship, but I am not good at English, so I couldn't explain it in conversation, so I had to write a letter. This letter was also written in Korean and translated using Google Translate, so I can't understand the contents of this letter well. You may not understand, but in that case, if you ask me directly, I will definitely be able to provide evidence, and I will only write what I can provide. Last Friday, a man who lives near Harborside Park came to my store and said that there would be a meeting regarding the reopening of Harborside Park at Chula Vista City Hall this Tuesday, January 16th at 5 PM and asked me to attend if possible. So I hurriedly started writing this letter. Because I know that I cannot properly convey my thoughts to you in English. When I first opened a business here in November 1998, Costco was located where Walmart is now, and the current harborside park and county building were empty. At that time, the problem of homeless people that we are all suffering from now was not a problem here at all, but a problem that only existed in San Diego or downtown LA. Truly homeless people were rarely seen. I think everyone was very peaceful and happy. I have lived and done business only in Chula Vista for 40 years, from the moment I came to the United States from Korea. I love Chula Vista more than any other place in America and am content to call it my second home. This is because, as an Asian, I feel most comfortable living in a place where people of similar economic power and various races mix. Even now, that thought has not changed at all, but there is only one thing that is very uncomfortable now. It's because of homeless people. 25 years ago, we couldn't see even one homeless person a day, but now we have If the mayor and several city council members have visited this controversial area, you would know the extent of it. In this peaceful and safe area, first the county building was built, and soon after, Harborside Park was built next to it, and then Walmart was built, after Walmart open the homeless people coming start everyday because Walmart selling cheap and poor homeless people easy buying there necessaries and sleeping harborside park. This match makingit a Wn T or the homeless. It is only natural that more homeless people are flocking to this easy -to -live paradise. It is good for them to become heaven, but if their heavenly life turns the lives of other good people into I Page 217 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda hell, the city government, which must pursue a safe and comfortable life for its citizens, must take responsibility. Heaven for the homeless too. A paradise for ordinary citizens as well. How great would it be then? The mayor and city managers know this. once a week, a city truck comes to the homeless tent village on Palomar St and the small road next to the railroad to remove and clean the homeless tents. I always saw it because my store is nearby. After the garbage truck leaves, They immediately set up the tent again and 4 hours later it's the same. After repeating this countless times, they ended up putting up a double fence to prevent entry, so you can't see any more homeless tents there, but they are still there on the other side of the railroad tracks. only the location has changed. Now the lives of ordinary residents there will become hell. If the mayor asks the person responsible for cleaning, you will find out that what I am saying is correct. In the end, I don't think it's a problem that can be solved by driving homeless people out of an area. However, it will not be easy to provide a small shelter to every homeless person. It takes a lot of time and money... and I don't think it's easy. It is not an easy task, so many people are asking the city government for a solution, but it has not been solved yet. I sincerely hope that people and business operators who live near homeless people will solve the problem of homelessness now, not in a month, six months, or a year. I have had the idea that we could solve the homeless problem for quite some time, but I have never shared my opinion with others yet. I'm telling you my thoughts. If you think my idea is right, try it, and if you have a better idea using my idea, of course follow that idea as soon as possible so that the homeless, the general public, and those who run businesses in the area are all satisfied as soon as possible. I hope you come. For all homeless people, if there is a place that is warmer, more comfortable, and better than where they are currently living on the streets, they will try to go there themselves. The problem would be easily solved if the city government provided a place where they could be well-fed, warm, and treated better than living on the streets, hungry, cold, chased, despised, and looked down upon. The problem is that it takes a lot of money and time and you will always run out of it. The public and business owners want to distance themselves from the homeless as much as possible. If we contract a hotel or build a shelter in a residential or business area to house the homeless, their tents will disappear, but the homeless will still live in the area and families with young students will always feel anxious. I Page 218 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda So what I am proposing is to have the homeless live in vacant land that is quite far away from civilian residences and business areas, but the homeless will not want to go to a place that is far from civilian residences. This is because if you are near the general public, you can use nearby stores to buy food and pick up cans to make money to buy the items you need for daily life. So, I provide three meals from the city or charity to the homeless people who enter the new homeless park, provide shared portable toilets and portable shower rooms with warm water, and open a car convenience store using the idea of a lunch truck in the city operates to enable homeless people to purchase all the necessary items at half the price of Walmart. And twice or three times a day for $15? at 11 a.m.? $20 at 2pm? At 4 p.m., $20? is paid only to people who are at the homeless park at that time, and people who are not there at that time are not paid. Giving money every 2-3 hours like this could be a way to prevent people from leaving the place easily. Of course, you can leave the park freely, but since you cannot receive money, you will try to stay in the park as much as possible unless it is extremely necessary. In addition, we allow them to see the city as they wish by using the free shuttle van (small size car is better for they can stay more in the park and less maintenant fee) operated by the city, which allows them to go to their park and downtown several times a day. And we make electricity available for free. Of course, there are electrical safety laws, so it may not work out as I think. My idea is to use an extention cord that can be used outdoors so they can freely connect the wires so they can use the electric heater and watch TV while lying down comfortably. Because their lives are so simple, it is thought that injuries or deaths from careless fires are rare. If the tent catches fire, you're out right away. In other words, the homeless people currently living here are cold, hungry, and driven from place to place, but in the new homeless park, they are given food, money, TV, electricity, warm electric heaters, shared portable toilets and shared portable shower rooms, and many other facilities. The car convenience truck that travels to local homeless parks sells everything homeless people need at half the price of Walmart, preventing them from using stores outside the park that are twice as expensive. Ultimately, they will spend more time in the park because life inside the park is more convenient and better than life outside the park. (Because it is operated by the city and does not seek profit, it would be possible to sell the same items at half the price of Walmart.) Also, they can use the free shuttle bus operated by the city to go out and into the city whenever they want. If you want, you can pitch a tent on the side of the road without having to go back to the park. So would they want to live outside when they have no money, are cold, hungry, 0 Page 219 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda have no electricity or TV? All of this should never be done by force. In the end, if life in a homeless park is easier and better, they will go there on their own and not bother to come out. And it might be better if the homeless park had minimal rules or no rules at all. If they want it, wouldn't it be better to do it that way? And it would be better to encourage them to make the rules themselves. I think no rule is better to stay in the park. When homeless stay harborside park it wasn't rule, that's why they loved harborside park. Making strong rules is like a concentration camp, and in the end, people who don't like it will come back to near Harborside Park, where life is cold and hungry but free. And another thing is to use scrap cars. Purchase discarded SUV vans and small trucks in the city, park them in vacant land away from the general public, and lend them to homeless people for free. If you recline the chair, it becomes a bed. Wouldn't sleeping there be much softer and warmer than sleeping on the ground? It might be warmer and safer from the elements than the tent they live in, and they might like it better. Check with them. They rent junk cars for free, use electricity for free, provide small TVs and electric heaters for free, and provide free meals 3 times a day. There are no rules that you have to follow, and if you don't like it, you can come back here at any time. Then, you can go to the homeless park. Are you willing to go? And even when the value of the scrapped car has not been used up and is no longer needed 10 or 20 years from now, the price of the scrapped car may not change, or it may actually benefit more from the rise in scrap metal prices. These days, sometimes, when I go out to take out the trash at night, I tell my wife, "You're cold!" I almost always say, "It's this cold, how cold must it be for the homeless who sleep outside on the ground?" They must be living a really difficult life that ordinary people can't imagine. There may be a way that is good for them and for the general public, and we are meeting now to find it. If you look at the photo accompanying this letter, it is the back door of my store. There is a CC camera in the upper right corner of the photo, and a slightly longer black area is painted in the lower left corner. Please see the photo next page. What do you think this is? Now it has dried and turned a bit black, but what I saw that morning was yellow human feces. What kind of person brings this same watery poop to this spot every few months? It was heavy water poop, and I cleaned it up on the floor below, but there were still marks, so I covered it with paper. The store next to us poops on the wall like this every few months. CCTV cameras have been installed and warning signs have been put up, but there is no need for homeless people who have nothing. Still, I'm Page 220 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda ti rf 7 l 1IE C, f`' h,` _ . IS M Page 221 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda NEI ii y U Page 222 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 8.1 Impact of Unhoused People in the Industrial Boulevard Area Page 223 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Industrial Boulevard: Area of Concentration Page 224 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Area of Concentration: History 2021 2022 2023 2024 Park Closure 8/31/22 70 60 50 40 30 20 10 Average Number of Encampments in Area (Harborside and Industrial) Harborside Park Spring 2022 Industrial Boulevard January 2024 Page 225 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Area of Concentration: Agency Right-of-Way Caltrans ROW MTS ROW City ROW MTS Fence Page 226 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Area of Concentration: Calls for Service Page 227 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Current Community Impacts •Illegal Activity •Drug Use and Overdose •Prostitution​ •Theft​ •Assaults •Stolen Property •Defecating/Urinating in Public •Trash and Debris and Graffiti •Proximity to Sensitive Receptors •Harborside Elementary​ •Brentwood Mobile Home Park​ •Surrounding Businesses​ Page 228 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Challenges: Clean-up Efforts 2,000 sq. ft. of graffiti removed, Industrial Blvd. area 1/12/24 36,540 lbs.of trash collected, Industrial Blvd. area 1/12/24 12/19/23 47 1/12 @ 8 a.m. 63 1/12 @ 2 p.m. 0 1/12 @ 8 p.m. 17 1/16/24 45 After Clean up Effort 1/12/24 Page 229 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Summer Stephan, San Diego County District Attorney Page 230 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Current Efforts to Mitigate City Efforts: •Focused Outreach Services •Focused Police Presence •Focused Clean-Up Efforts Community Efforts: •MTS fencing •Costco fencing •Brentwood MHP Neighborhood Watch •12/2023 meeting with business owners Page 231 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Current Policy Direction and Staff Efforts (as of 12/05/23 Council Meeting) Targeted Restrictions Sitting Lying/Sleeping 6-8 months Targeted Regulations on Storing Items​ Variable Regulations for Vehicle Dwelling 3-8 months Regulations on Shopping Carts 4-5 months Services Providers and Voucher Use Licensing​ 3-4 months Dedicated Homeless Outreach Team for Area Safe Camping Behavioral Health Services Substance Abuse Counseling California Encampment Resolution Grant (Due 1/31/24) Page 232 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Additional Options to Mitigate Mitigation Measure Estimated Cost Potential Funding Timeframe Adopt Unsafe Camping Ordinance $150,000 policy development $400,000 enforcement State PLHA, Federal ESG, Local General Fund and/or Measure A 6-8 months Develop Lower Barrier Shelter (Safe Camping or Parking) $1 Million startup $500,000 annual operations CA Encampment Resolution General Fund 6-8 months Relocate Fencing Along Industrial Appr. $350,000 General Fund 1-3 months Page 233 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES COUNCIL DIRECTION Continue focused efforts? Increase resources regardless of grant application? Ongoing operations? Page 234 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Lighting Industrial Area Business Owner Recommendations Landscape Fencing Page 235 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda v . 0 0 4 P a g e | 1 January 16, 2024 ITEM TITLE Welcoming America: Receive a Presentation on Welcoming America’s Certified Welcoming Program and Provide Formal Direction to Staff Report Number: 24-0028 Location: No specific geographic location Department: City Manager G.C. § 84308: Yes 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 Staff requests that Council take a formal vote to provide direction to staff to proceed with Welcoming City recertification. SUMMARY At the May 23, 2023 Council meeting, the City Council made a referral to the City Manager to pursue a Welcoming City recertification through Welcoming America. “Certified Welcoming” is the formal designation bestowed upon local governments that meet the Welcoming Standard after an audit of policies and programs for an agency’s efforts including and welcoming immigrants in all areas of civic, social, and economic life in their communities. Staff is returning to Council to provide additional information about Certified Welcoming City status and receive formal direction. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a “Project” as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the Page 236 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 2 environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Human Relations Commission voted in support of Welcoming City recertification. DISCUSSION In November 2019 the City received a Certified Welcoming designation from Welcoming America. “Certified Welcoming” is the formal designation bestowed upon local governments that meet the Welcoming Standard after an audit of policies and programs for an agency’s efforts including and welcoming immigrants in all areas of civic, social, and economic life in their communities. The designation was for a period of three years and expired in December 2022. At its May 23, 2023 meeting, the City Council made a referral to the City Manager to pursue a Welcoming City recertification. In 2023, Welcoming America published a revised Certified Welcoming Standard. Previously, Welcoming America would determine, after a comprehensive questionnaire and five -day in-person audit, if an agency met the Welcoming Standard to receive the designation of “Certified Welcoming”. The revised Certified Welcoming program has a star designation system, ranging from one to five stars, with varying costs and time resource commitments to achieve varying levels of stars and is valid for four years. Additionally, Welcoming America recently updated their membership tiers and assessment fees from the City’s initial certification. Currently there are three levels of members: General, Core and Premium, which range in price from $200 - $2,500 annually, and the audit can range from no-cost (one star) to $6,500 (2-5 stars) based on the level of star designation desired. To obtain a Certified Welcoming designation, the City must be audited for compliance in seven welcoming standards: Civic Engagement, Connected Communities, Economic Development, Education, Equitable Access, Government and Community Leadership, and Safe Communities. Based on the number of stars the City is seeking to achieve, the amount of time to compile and report data from internal and external stakeholders will vary. Additionally, the desired star designation impacts the length of audit and the number of internal and external stakeholders that need to be made available. The table below shows the number of criteria assessed for each star designation and length of audit. (Attachment 1) Stars Framework Areas Reviewed Number of Criteria Assessed Audit Timeline 1 7 16 1 day virtual 2 7 39 2-5 days 3 7 60 2-5 days 4 7 80 2-5 days 5 7 101 2-5 days Welcoming America’s audit would determine if the City met the compliance standards for the star designation the City was seeking and would result in a detailed final report that identifies the community’s strengths and provides a roadmap for areas of growth. If designated as "Certified Welcoming”, this would be for a period of four years. During this time, the City could apply for a greater star designation (if not initially Page 237 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda P a g e | 3 5-Star Certified Welcoming). This process could start at any time, subject to an additional certification fee of $6,500. As a Certified Welcoming city, the City would be making the following commitments to Welcoming America:  Membership - Payment of annual membership fees  Audit - Compliance audit(s) by Welcoming America at any time, that may include contractors or third parties.  Investigation – Welcoming America will have the ability to investigate complaints, including anonymous complaints, submitted to Welcoming America based on any of the areas that the City was assessed on as part of the initial audit. (Attachment 2) If the City Council chooses to pursue Certified Welcoming, the fastest path forward would be to pursue an initial “1-Star Certified Welcoming” designation. 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 Fiscal impact is based on City Council selection and include:  1 Star with Core membership - $1,500  1 Star with Premium membership - $2,500  2-5 Star with Core membership - $8,000  2-5 Star with Premium membership - $9,000 There are sufficient anticipated budgetary savings to offset this cost in the General Fund in the current fiscal year. Should City Council elect to pursue a 2-5 Star designation, additional resources would be required due to the associated time commitment. A recommendation to amend the City Manager’s hourly budget accordingly would be included in a future quarterly budget update. ONGOING FISCAL IMPACT Annual membership fees ranging from $1,500 (Core) or $2,500 (Premium) to maintain Certified Welcoming status, dependent on City Council’s selection, are anticipated and would be incorporated into future budgets. ATTACHMENTS 1. Certified Welcoming Guide 2023 2. Certified Welcoming Complaint Form Staff Contact: Courtney Chase, Deputy City Manager Page 238 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda BECOME A WELCOMING COMMUNITY Guide to achieving the Certified Welcoming designation under the Welcoming Standard version 2.0 Page 239 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Published in April 2023 by Welcoming America Creative Commons License BY-NC-SA 4.0 “Portland takes great pride in our shared immigrant heritage and longstanding history as a community where people from across the globe are celebrated. We recognize that our community is more vibrant and prosperous when all individuals, from all backgrounds, races, ethnicities and countries of origins, are welcomed and valued. While we celebrate the collective achievements of our community in gaining this recognition, we also realize that it is merely an affirmation that we are on the right track and that there is more work to be done to ensure that everyone here feels included and connected.” —MAYOR KATE SNYDER, CITY OF PORTLAND, MAINE (Certified Welcoming since 2022) Page 240 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda TABLE OF CONTENTS 02 ABOUT WELCOMING AMERICA AND CERTIFIED WELCOMING 03 INTRODUCTION 03 Background 04 About this guide 05 HOW TO BECOME CERTIFIED WELCOMING 06 Ensuring you’re ready 07 Overview of the certification process 08 Process 10 Pricing & contact info 11 CERTIFIED WELCOMING CRITERIA 12 Welcoming Standard framework areas 14 Criteria by star designation 28 WHAT COMMUNITIES SAY ABOUT BEING CERTIFIED WELCOMING 30 ACKNOWLEDGEMENTS BECOME A WELCOMING COMMUNITY 1Page 241 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda ABOUT WELCOMING AMERICA Welcoming America is a nonprofit, nonpartisan organization that leads a movement of inclusive communities becoming more prosperous by ensuring everyone belongs. We believe that all people, including immigrants, are valued contributors and vital to the success of our communities and shared future. Through the Welcoming Network, we work to help communities develop the roadmap they need to create welcoming policies and share new approaches to inclusion to create an environment where everyone can truly thrive. Our mission is to support communities building a welcoming society where every person, including immigrants, can fully contribute and shape our shared prosperity. Our vision is a just world in which we each belong, prosper, and thrive in the place we now call home, no matter where we came from. Learn more at WelcomingAmerica.org. ABOUT CERTIFIED WELCOMING Certified Welcoming is a formal designation for local governments that have created policies and programs reflecting their values and commitment to immigrant inclusion. This innovative program assesses local governments on their efforts to include and welcome immigrants in all areas of civic, social, and economic life in their communities. With a Certified Welcoming designation, communities distinguish their local efforts, build a competitive advantage, and gain access to opportunities to share their welcoming practices on a regional, national, and global stage. Learn more at CertifiedWelcoming.org. 2 Page 242 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda INTRODUCTION Strong communities are ones that connect and include people of all backgrounds. By doing so, communities — and those who live there — will meet their highest civic, social, and economic potential. As local governments look to create more equitable and vibrant communities, welcoming and inclusive policies, programs, and practices will set themselves apart. 1 Local governments are places with a governing body, and include cities, towns, counties and other local government jurisdictions. To gain this competitive edge, leaders in local governments across the United States can lean on the Certified Welcoming program and Welcoming Standard framework areas to measure, promote, guide, and validate welcoming efforts. BACKGROUND Welcoming America launched Certified Welcoming in 2017 as a formal designation for local governments1 to demonstrate their welcoming values through policies, programs, and practices. Since the program’s launch, more than two dozen communities in the United States have undertaken the rigorous process to become Certified Welcoming. Outcomes of Certified Welcoming include accountability and institutionalization of work, opportunity to identify gaps and prioritize next steps, and ability to raise the profile of the locality for investment in welcoming and immigrant inclusion work. In 2020, Welcoming America embarked on a multi-year project to update the Welcoming Standard and Certified Welcoming to ensure they continue to provide an accurate and user-friendly roadmap for places seeking to become truly welcoming places for immigrants, refugees, and all residents. This was done in consultation with a broad range of stakeholders from local government, academia, nonprofits, think tanks, philanthropy, and beyond, as well as Welcoming Network members — including members that had directly participated in Certified Welcoming. The updated Welcoming Standard includes several new criteria that better reflect the wide range of institutions and policies that influence day-to-day life in local communities. It is also intended to be more accessible to communities with fewer resources and smaller populations. Because the Welcoming Standard builds upon itself, communities can now envision paths to deepen their work, gain new champions, and set new goals for becoming Certified Welcoming at any level. BECOME A WELCOMING COMMUNITY 3Page 243 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda ABOUT THIS GUIDE This guide outlines the second iteration of the Certified Welcoming program and the Welcoming Standard that communities must meet to earn the designation of Certified Welcoming. It is intended for those interested in learning more about what it takes to achieve the Certified Welcoming designation. This guide also captures a new designation system for Certified Welcoming which allows places to achieve one of five star designations for their welcoming efforts. A set of criteria from the Welcoming Standard is tailored to each star designation. Far from being a “rating system,” the Certified Welcoming stars ensure that cities, towns, and counties have a chance to achieve the designation of Certified Welcoming while also providing pathways to advance their welcoming work. Fostering welcoming and inclusive communities requires continuous work, but it is ultimately achievable. It is a worthy endeavor that we hope becomes more practical through this guide. Photo credit: iStock4Page 244 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda HOW TO BECOME CERTIFIED WELCOMING BECOME A WELCOMING COMMUNITY 5Page 245 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda ENSURING YOU’RE READY 2 Relying solely on data from the American Community Survey or the U.S. Census can be unreliable for foreign-born populations. We recommend collecting additional information from direct service providers, schools, and other trusted community sources to determine the demographics of immigrants in your community. Places seeking to become Certified Welcoming should understand the demographics of their community.2 We recommend conducting a landscape analysis on the community partners and stakeholders involved in local welcoming and inclusion work. While Certified Welcoming cannot be achieved without the work of a wide array of community organizations and leaders, the Certified Welcoming designation is for local governments and they must be the lead applicant. Community-based organizations interested in Certified Welcoming will need to engage their local government to apply for the program. Beyond certification, Welcoming America’s Welcoming Network offers opportunities for all of its members to meet the Welcoming Standard, including support for community-based organizations when the local government is not yet ready to be involved. Photo credit: Roberto Torres6Page 246 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda OVERVIEW OF THE CERTIFICATION PROCESS The Certified Welcoming process formally evaluates and assesses your community’s efforts to provide an inclusive place for all. Candidates complete an intake form and self-assessment, and receive an evaluative audit (virtual or in-person). At the end of the assessment process, candidates receive a detailed final report that identifies the community’s strengths and provides a roadmap for areas of growth. Depending on the certification team’s findings, places either receive the Certified Welcoming designation or implement an action plan to work toward achieving their designation. Local governments are required to be the lead applicant for Certified Welcoming; however, the designation would not be possible without the work and support of community partners. Community partners — such as refugee resettlement agencies, chambers of commerce, and local schools — typically contribute to the certification process by providing information for the self-assessment and being interviewed during the audit. From start to finish, the certification process typically takes six months to one year. Certificates are valid for four years. To maintain certification, local governments must continue to meet the indicators in the Welcoming Standard, address any observations in their certification report, and update their self-assessment before their certificate expires. BECOME A WELCOMING COMMUNITY 7Page 247 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PROCESS SELF-ASSESSMENT Localities seeking certification are required to conduct a self-assessment in which they gather evidence and information to demonstrate compliance with the Welcoming Standard. At this stage, localities select the star designation they would like to be evaluated for. DESKTOP REVIEW / ANALYSIS BY CERTIFICATION TEAM Once the self-assessment is complete, the certification team reviews it and conducts a preliminary analysis of compliance. With this initial assessment, the certification team may request additional evidence or flag items for the audit interviews. AUDIT The audit, either virtual or in-person, consists of a series of interviews with stakeholders, including community leaders, government employees, and representatives from community-based organizations. The audit provides an opportunity to verify information provided in the self-assessment, gather additional evidence, and gain a better context and understanding of the landscape of local welcoming and immigrant inclusion work. 1 2 3 8 Page 248 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda REPORT The certification team will produce a detailed final report with their findings, including compliance with the Welcoming Standard, as well as local strengths and opportunities for growth. Reports often provide communities with a roadmap for identifying priorities and next steps to continuously improve work. ADDITIONAL EVIDENCE, IF REQUIRED The report identifies any non-compliant criteria and localities have the opportunity and additional time to provide evidence to demonstrate compliance to gain certification. CERTIFICATE AND ANNOUNCEMENT Once compliant with all of the criteria for the star designation, local governments receive their certificate and coordinate an announcement. Welcoming America communications staff provide additional support to amplify the achievement, including a press release, a quote from Welcoming America, and branded marketing materials to use. RECERTIFICATION The Certified Welcoming designation is valid for four years, at which point local governments must apply for recertification to maintain the designation. Recertification follows the same process as the initial certification, but typically takes less time since evidence may be carried over from the previous designation. If localities would like to be evaluated for a new star designation before their certification cycle has ended, they may reapply and go through the same process. 4 5 6 BECOME A WELCOMING COMMUNITY 9Page 249 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda PRICING Please refer to CertifiedWelcoming.org for our current fee structure. For scholarship opportunities, send an email to certified@welcomingamerica.org. CONTACT INFO Contact certified@welcomingamerica.org for any questions or to get started. Photo credit: Adobe Stock10Page 250 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda CERTIFIED WELCOMING CRITERIA BECOME A WELCOMING COMMUNITY 11Page 251 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda CIVIC ENGAGEMENT (CE) Welcoming communities ensure that all residents, including immigrants, are able to fully participate in civic life. Immigrant residents have access to democratic spaces, and shape community priorities and policies. Immigrants hold leadership roles in the community, and local institutions are invested in increasing access to leadership positions for immigrant residents. WELCOMING STANDARD FRAMEWORK AREAS CONNECTED COMMUNITIES (CC) Welcoming communities build connections and trust between residents. Community institutions — including local government, businesses, faith communities, and nonprofits — create opportunities and spaces for immigrant and non-immigrant residents to have constructive interactions, develop relationships, and deepen their understanding of one another. Institutions support residents in building their personal capacity to engage with people different from themselves on equal footing and in sustained ways that reduce prejudice and strengthen diverse community relationships. ECONOMIC DEVELOPMENT (EC) In welcoming communities, all residents — including immigrants — can participate fully in the economy. Workforce and economic development infrastructure address the priorities and needs of immigrant residents and immigrant jobseekers. Programs that support entrepreneurship, business development, and workforce development are accessible to all residents, including immigrants. Local businesses are committed to diverse hiring and retaining employees with diverse racial and ethnic backgrounds. The seven framework areas of the Welcoming Standard underpin the Certified Welcoming process. Within each framework area are multiple criteria that local governments must fulfill based on the star designation they choose to pursue. Following are the goals of each framework area of the Welcoming Standard. In the next section, you will find the full set of criteria based on each Certified Welcoming star designation. 12 Page 252 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EDUCATION (ED) In welcoming communities, the education system ensures all students, including immigrant students, have the support they need to thrive in school and the knowledge they need to succeed in the workforce. Schools and community education programs are informed by the needs and priorities of immigrant students and families, and are accessible to all residents, including immigrants. Welcoming and inclusion efforts are not siloed within a single school or program, but incorporated into the schools and school districts that serve the community. EQUITABLE ACCESS (EA) Welcoming communities ensure local services are accessible to all residents, including immigrants. Immigrant residents provide feedback to local government and community- based organizations to identify and address demographic disparities and gaps in services, and to improve access to programs, particularly in the areas of housing, health, transportation, financial services, and the justice system. GOVERNMENT AND COMMUNITY LEADERSHIP (GL) Welcoming communities have infrastructure in place to support immigrant participation, inclusion, and equity. The local government and community-based organizations regularly seek feedback from immigrant residents to understand the challenges and priorities of immigrant residents. Institutions work closely together to prioritize and build capacity to implement immigrant participation, inclusion, and equity strategies. SAFE COMMUNITIES (SC) Welcoming communities prioritize safety for all residents, including immigrants. Policies and practices are in place that prevent discrimination. Strong, trusting relationships are built between immigrant residents and local safety services, such as law enforcement, fire departments, code enforcement, and emergency response. Effective bidirectional communication between safety services and immigrant residents exists, and programs are in place to address implicit and structural bias. Community partnerships are built to identify and address needs and gaps in services. BECOME A WELCOMING COMMUNITY 13Page 253 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda CRITERIA BY STAR DESIGNATION 14 Page 254 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Following are the criteria for each Certified Welcoming star designation. All criteria must be fulfilled in order to receive the designation. Each star designation builds on the previous star — for example, a 2-star certification requires meeting the criteria for both 1-star and 2-star. BECOME A WELCOMING COMMUNITY 15Page 255 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda CIVIC ENGAGEMENT CE 1.0 Programs support immigrants in obtaining U.S. citizenship. CONNECTED COMMUNITIES CC 1.0 Local government leadership does not make public statements discouraging immigration or immigrant inclusion. CC 1.1 There is ongoing public communication from local government leadership about its commitment to welcoming immigrants. CC 1.2 Local government leadership does not make public statements directly attacking individuals or groups on the basis of their immigration status, national origin, religion, ethnicity, race, gender and gender identity, ancestry, sexual orientation, or ability. CC 1.3 The local government participates in celebrations of immigrant cultures, customs, and beliefs. ECONOMIC DEVELOPMENT EC 1.0 Programs support immigrant job seekers in finding and obtaining employment. EC 1.1 Programs support immigrant business owners in starting, sustaining, or growing their businesses. 1-STAR CERTIFIED WELCOMING 16 Page 256 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EDUCATION ED 1.0 Programs address barriers to navigating local K-12 school district(s) for immigrant families. ED 1.1 Local K-12 school districts provide language accessible information about the school system and services available to immigrant families. ED 1.2 Programs work to address barriers to adult English language classes. EQUITABLE ACCESS EA 1.0 Local government departments disseminate information on government services, resources, and public benefits with the goal of expanding access to immigrants. GOVERNMENT AND COMMUNITY LEADERSHIP GL 1.0 The local government has one or more staff positions whose responsibilities include advancing immigrant inclusion. GL 1.1 The local government has a process in place to ensure regular communication with immigrant residents. GL 1.2 Public libraries implement an immigrant inclusion strategy. SAFE COMMUNITIES SC 1.0 Local law enforcement agencies have programs in place to build trust and mutual understanding with immigrant communities and immigrant- serving organizations. SC 1.1 Local law enforcement agencies do not have policies in place where the primary purpose is to detain or deport immigrants. BECOME A WELCOMING COMMUNITY 17Page 257 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 2-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star criteria, places seeking a 2-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 2.0 Programs support eligible immigrants in voting. CONNECTED COMMUNITIES CC 2.0 Programs bring together immigrant and non- immigrant residents to build relationships. CC 2.1 Arts and creative placemaking programs highlight the diverse artistic traditions of the community in public spaces. CC 2.2 Community efforts advancing immigrant inclusion are connected to broader equity work. ECONOMIC DEVELOPMENT EC 2.0 Programs support immigrant adults in accessing additional education to obtain the skills and degrees required to meet their employment goals. EC 2.1 Programs address barriers for immigrant entrepreneurs and business owners. EDUCATION ED 2.0 Programs support immigrant family engagement in their child’s education. ED 2.1 Programs support immigrant students in understanding and accessing higher education opportunities. ED 2.2 Programs address barriers to the adult education infrastructure for immigrant adults. EQUITABLE ACCESS EA 2.0 Information from the local government (EA 1.0) is communicated through outreach methods that are proven to be effective in reaching immigrant residents. EA 2.1 Programs address barriers to immigrants accessing and navigating preventative healthcare. EA 2.2 Programs inform immigrants of workers’ rights. EA 2.3 Programs address barriers to digital inclusion for immigrant residents. 18 Page 258 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda GOVERNMENT AND COMMUNITY LEADERSHIP GL 2.0 The local government leadership has an immigrant inclusion strategy for its departments and agencies. GL 2.1 A group of local leaders and residents regularly convenes to advance immigrant inclusion efforts. GL 2.2 Participants of the group advancing immigrant inclusion (GL 2.1) reflect the diversity of the community in demographics, constituencies, and sectors. GL 2.3 The group advancing immigrant inclusion (GL 2.1) has a process in place to ensure regular bidirectional communication with immigrant communities. GL 2.4 The group (GL 2.1) informs local government staff and is able to provide direct feedback on issues impacting and priorities of the immigrant community. GL 2.5 Local recreational programs implement an immigrant inclusion strategy. SAFE COMMUNITIES SC 2.0 Programs inform immigrants of their rights and responsibilities when interacting with local law enforcement and the legal system. SC 2.1 Programs inform immigrants of their rights and responsibilities when interacting with immigration enforcement and the detention system. SC 2.2 Local law enforcement agencies have programs to ensure regular communication with immigrant residents. SC 2.3 Programs connect immigrant victims and witnesses of crime with community resources. BECOME A WELCOMING COMMUNITY 19Page 259 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 3-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star and 2-star criteria, places seeking a 3-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 3.0 Programs support immigrants in developing civic leadership skills and are accessible to speakers of languages other than English. CE 3.1 A program connects immigrants with local government departments and community resources with the goal of supporting immigrants in navigating and accessing these services. CE 3.2 The program (CE 3.1) is accessible to speakers of languages other than English. CONNECTED COMMUNITIES CC 3.0 Local government efforts to advance immigrant inclusion are connected to and reinforce the local government’s broader equity work. ECONOMIC DEVELOPMENT EC 3.0 Local workforce agencies have information on current and projected demographic trends of the local immigrant population and the unique barriers faced by immigrant job seekers. EC 3.1 Programs support immigrant job seekers in communicating foreign work experience and skills for U.S. employers. EC 3.2 Chambers of commerce and/or economic development agencies are engaged in immigrant inclusion work. 20 Page 260 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EDUCATION ED 3.0 Programs train K-12 educators and staff on teaching and supporting diverse student populations, including immigrant students. ED 3.1 Programs support immigrant students in accessing career technical education. ED 3.2 K-12 schools support immigrant students that have limited or interrupted formal education to attain their educational goals. ED 3.3 Programs provide contextualized English language classes for adult English learners. EQUITABLE ACCESS EA 3.0 Information from the local government (EA 1.0) is provided in languages other than English. EA 3.1 Programs address barriers to immigrants accessing immigration legal services. EA 3.2 Programs address barriers to immigrants accessing and navigating maternal and infant healthcare. GOVERNMENT AND COMMUNITY LEADERSHIP GL 3.0 Local government departments know the demographics of the immigrant population and have access to tools to serve these residents.* GL 3.1 The local government has a language access policy that includes interpretation and translation protocols for all externally facing government departments.* GL 3.2 The local government provides regular training to its staff about language access requirements, available resources to provide meaningful language access, and working with speakers of languages other than English.* GL 3.3 The local government regularly assesses language access needs and usage across departments in order to improve each department’s ability to conduct business in languages other than English.* SAFE COMMUNITIES SC 3.0 Law enforcement staff receive regular training, over the course of their career, on working with diverse residents, including immigrants. SC 3.1 A policy is in place that clarifies the jurisdiction and separation between local law enforcement and federal immigration enforcement agencies. SC 3.2 Local emergency management agencies have a plan to inform immigrants of community emergencies, and that plan includes communication methods that are effective in reaching speakers of languages other than English. BECOME A WELCOMING COMMUNITY 21Page 261 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 4-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star, 2-star, and 3-star criteria, places seeking a 4-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 4.0 Programs build immigrant youth leadership. CE 4.1 Programs address barriers to immigrant participation in public hearings and meetings. CE 4.2 Programs address language access needs for participation in public hearings and meetings. CONNECTED COMMUNITIES CC 4.0 Programs that serve diverse immigrant and non-immigrant residents embed strategies to build relationships between immigrant and non-immigrant participants. CC 4.1 Programs work to address biases about others held by non-immigrant residents. CC 4.2 Programs work to address biases about others held by immigrant residents. ECONOMIC DEVELOPMENT EC 4.0 Programs support immigrants in meeting occupational certification and/or credentialing requirements. EC 4.1 Programs support immigrant business owners in accessing capital to start, sustain, and grow their businesses. 22 Page 262 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EDUCATION ED 4.0 Programs work with K-12 schools to regularly collect feedback from immigrant families on the school environment. ED 4.1 Programs address barriers to participation in family engagement programs for immigrant families. ED 4.2 Programs address barriers to early childhood education and care for immigrant children. EQUITABLE ACCESS EA 4.0 Programs address barriers to immigrants accessing and navigating mental health services. EA 4.1 Programs address barriers to accessing rental housing for immigrants. EA 4.2 Local mobility planning efforts address the needs and priorities of immigrant residents. EA 4.3 Programs address barriers to immigrants in accessing civil legal services. GOVERNMENT AND COMMUNITY LEADERSHIP GL 4.0 A community-wide strategy for immigrant inclusion is set through a feedback process including immigrant and non-immigrant residents representing the diversity in the community. GL 4.1 There is a process in place to regularly update the strategy (GL 4.0) with feedback from immigrant and non-immigrant residents. GL 4.2 Local government departments annually set and monitor goals for immigrant inclusion informed by the needs of immigrant residents and the community-wide strategy (GL 4.0).* SAFE COMMUNITIES SC 4.0 Local emergency notification platforms are available in languages other than English. SC 4.1 The local government has a process in place to identify the priorities and goals of immigrant residents for creating a safer community. BECOME A WELCOMING COMMUNITY 23Page 263 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda 5-STAR CERTIFIED WELCOMING In addition to meeting all of the 1-star, 2-star, 3-star, and 4-star criteria, places seeking a 5-star designation should also fulfill the following: CIVIC ENGAGEMENT CE 5.0 Programs address barriers to immigrant participation on local government commissions and boards. CE 5.1 Programs address language access needs for participation in public boards and commissions. CE 5.2 Programs engage state and/or local election offices on barriers to voting for eligible immigrants. CE 5.3 Programs provide training to immigrant residents on accessing and using local government data and information. CONNECTED COMMUNITIES CC 5.0 The local government accommodates diverse cultural and religious practices in its daily operations. CC 5.1 Programs resource initiatives that bring immigrant and non-immigrant residents together to identify and work on common interests or challenges. ECONOMIC DEVELOPMENT EC 5.0 Programs work with relevant state agencies to address barriers to occupational licensing for immigrant residents. EC 5.1 Programs work with employers to build welcoming work environments. EC 5.2 Programs work with employers to identify and address barriers to hiring immigrant job seekers. EC 5.3 Programs work with employers and immigrant employees to identify and address barriers to retaining immigrant staff. EC 5.4 Programs address barriers to obtaining local government procurement and contracting opportunities. 24 Page 264 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda EDUCATION ED 5.0 K-12 schools accommodate diverse cultural and religious practices in daily operations. ED 5.1 Programs support immigrant students in accessing mental health services. ED 5.2 Programs engage the state government on expanding access to adult education programs for immigrant adults. ED 5.3 Programs engage the state government on expanding access to early childhood education and care programs for immigrant children. EQUITABLE ACCESS EA 5.0 Information from the local government (EA 1.0) is proactively written and designed with translation and the diversity of residents in mind. EA 5.1 Programs address barriers to homeownership for immigrants. EA 5.2 Programs work with the state government and/or regional transit authorities on expanding access to transportation, including addressing the needs and priorities of immigrant residents. EA 5.3 Programs provide training to those in the legal system on the potential impact of criminal convictions on residents with different immigration statuses. BECOME A WELCOMING COMMUNITY 25Page 265 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda GOVERNMENT AND COMMUNITY LEADERSHIP GL 5.0 Local government departments have programs that build relationships with immigrant residents.* GL 5.1 Local government departments have programs that address the needs and priorities of immigrant residents.* GL 5.2 Local government departments receive training on working with diverse populations, including immigrants. GL 5.3 Programs engage regional jurisdictions on adopting and implementing welcoming policies and programs across the region. GL 5.4 The local housing authority implements an immigrant inclusion strategy. SAFE COMMUNITIES SC 5.0 Local law enforcement has one or more staff positions whose responsibilities include advancing immigrant inclusion. SC 5.1 Law enforcement agencies publicly share data on arrests, jail population, use of deadly force, resident complaints, and language access usage and disaggregate this data by race, ethnicity, gender, and geography. A NOTE ON THE GOVERNMENT AND COMMUNITY LEADERSHIP CRITERIA: Criteria in 3-5 star designations for Government and Community Leadership reference local departments as a whole. For criteria designated with an asterisk (*), all local government departments are expected to meet these criteria. To assess these criteria, we collect data from the departments listed below — if under the jurisdiction of the local government — during the assessment process. The Certified Welcoming team may also request information from 1-3 additional departments during the certification process to check compliance. • Child protective services • Communications • Department(s) that enforce building, construction, fire, health, and housing codes • Economic development • Emergency dispatch • Emergency management • Emergency medical services (EMS) • Fire • Human resources • Law enforcement • Neighborhoods • Planning • Purchasing • Public health • Zoning 26 Page 266 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Photo credit: Adobe StockBECOME A WELCOMING COMMUNITY 27Page 267 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda WHAT COMMUNITIES SAY ABOUT BEING CERTIFIED WELCOMING PHILADELPHIA, PA DETROIT, MI NASHUA, NH “Philadelphia has worked tirelessly to be a place where people — from all walks of life — feel a sense of belonging. Our greatest strength is our vibrant diversity and that is largely in part due to the tremendous and continuous contributions made by our immigrant communities. This special recognition is not the end of our efforts, but a true testament to the commitment and hard work of City departments and partner organizations.” —MAYOR JIM KENNEY, City of Philadelphia, Pennsylvania (Certified Welcoming since 2023) “We wanted to change the narrative in Detroit and show that what’s happening in Detroit is different from what’s happening across the country, that we were welcoming to all. Having the Certified Welcoming designation would separate us from other communities and show that we were proud to be a community of immigrants and refugees.” —ROBERTO TORRES, Director of Immigrant Affairs and Economic Inclusion, City of Detroit, Michigan (Certified Welcoming since 2022) “In practice, we have always strived to be a welcoming city to all; having this recognition helps us reinforce the assertion that we are passionately dedicated to ensuring that everyone feels safe and supported here in Nashua. Our cultural diversity is what makes our city the vibrant, exciting place it is, and we are happy to share this wonderful certification news with our community.” —MAYOR JIM DONCHESS, City of Nashua, New Hampshire (Certified Welcoming since 2022) 28 Page 268 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda “First, I think the achievement of becoming a Certified Welcoming city was truly a recognition of the work that community partners put in. We got to this point together and this is how you can see if people feel like they belong: by being able to accomplish something like this together. The City of Pittsburgh and community partners know that this isn’t a one-off accomplishment or a box that is checked. The work is ongoing and our community partnerships and commitment will continue to carry forward.” —FEYISOLA AKINTOLA, Special Initiatives Manager, Office of Equity, City of Pittsburgh, Pennsylvania (Certified Welcoming since 2021) “Being Certified Welcoming strengthens and affirms [the welcoming work] you’re doing. It is a very rigorous process because someone else was evaluating us, telling us what we were doing well and what could be improved. The Certified Welcoming process puts a name towards that work.” —JEANNETTE HORWITZ, Program Coordinator, City of Dayton, Ohio (Certified Welcoming since 2017) “Salt Lake County has a long history of welcoming immigrants and refugees from all over the world. New Americans continue to enrich our community with their unique cultures and contribute to the economic and political vibrancy of Salt Lake County. As the first county in the nation to become Certified Welcoming in 2018, regaining this designation reaffirms our commitment to welcoming and supporting immigrants and refugees. My Office for New Americans continues to identify and address barriers to the integration of our neighbors so that they can maximize their civic, social, and economic potential in Salt Lake County, where we all belong.” —MAYOR JENNIFER WILSON, Salt Lake County, Utah (Certified Welcoming since 2018) See more stories about Certified Welcoming at CertifiedWelcoming.org/blog. PITTSBURGH, PA DAYTON, OH SALT LAKE COUNTY, UT BECOME A WELCOMING COMMUNITY 29Page 269 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda ACKNOWLEDGEMENTS The updated Certified Welcoming program and Welcoming Standard version 2.0 is the outcome of two years of conversations, feedback, and knowledge exchange with experts and stakeholders in a broad range of fields, including members of the Welcoming Network, partners, academia, local government, the private sector, and beyond. Additionally, Welcoming America received more than 100 responses on a draft of the Welcoming Standard over a 60-day public comment period. We thank everyone who contributed their support and generous contribution of time and resources. CONTENT ADVISORY BOARD FOR THE WELCOMING STANDARD Amer J. Al Fayadh Communication Essentials, LLC Niken Astari Carpenter City of Erie, PA Anka Badurina Building One Community Pablo Bose University of Vermont Jeremy Carter Urban Redevelopment Authority of Pittsburgh Stefanie Chambers Trinity College Lorrie Chang Policy Link Annie Chen Vera Institute of Justice Natalie Copeland Ringsmuth UniteCloud Brian Corr National Association for Civilian Oversight of Law Enforcement Lauren Crain WES Mariam Assefa Fund Maria Domingo Jewish Family Services Buffalo Kevin Douglas Grantmakers Concerned with Immigrants and Refugees Felipe A. Filomeno University of Maryland, Baltimore County Abigail Fisher Williamson Trinity College Matt Fulton Polco/NRC Laura Gardner Immigrant Connections Carla Gibson REACH Healthcare Foundation Danielle Grigsby Refugee Council USA 30 Page 270 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Susana Guardado OneMorgan County Vethina Hage Urban Redevelopment Authority of Pittsburgh Hiba Haroon Prosperity Now Michael Huang Communities In Schools Tomás Jiménez Stanford University Mo Kantner American Immigration Council Melissa Kelly Ryerson University Malka Kopell Civity An Le City of Boston, MA Kien S. Lee Community Science Edmundo Lijo City of Saint Paul, MN Anna Marandi Wendy Mateo Pascual Mary Jayne McCullough Global Wordsmiths Paul McDaniel Kennesaw State University Margie McHugh, MPI National Center on Immigrant Integration Policy Sarah Mesick National Partnership for New Americans Valerie Mills City of Atlanta, GA Karen Murphy Human Responsibility Accelerator Ana Ndumu American Library Association Services to Refugees, Immigrants, and Displaced Persons Sub-Committee Ayman Okar Refugee Congress Karen Phillippi Global Michigan Miriam Potocky International Rescue Committee Anna Rashed Marandi National League of Cities Vanessa Saldivar Cities for Action Jessica Schenk Gateway Region YMCA Paul Stein Mary Tauras Forge Consulting Steve Tobocman Global Detroit Julia Trujillo Luengo State of Maine BECOME A WELCOMING COMMUNITY 31Page 271 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda TECHNICAL COMMITTEE FOR THE WELCOMING STANDARD Catherine Crosby Town of Apex, North Carolina Erica DeLeon One Siouxland Sebastian Geers Welcoming Australia Mara Kimmel Welcoming America Lola Pak Welcoming America Catalina Rodriguez-Lima City of Baltimore, Maryland Ze Min Xiao Economic Development Corporation of Utah PILOT SITES FOR CERTIFIED WELCOMING 2.0 City of Champaign Illinois and New American Welcome Center at the YMCA City of Tulsa Oklahoma San Mateo County California Special Mention We thank the staff and leadership of Welcoming America for their input, including Meg Shoemaker Little and Melissa Bertolo, who have led the process to update the Welcoming Standard. Photo credit: Adobe Stock32Page 272 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 273 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Visit CertifiedWelcoming.org to find more information and stories about becoming Certified Welcoming. Contact: certified@welcomingamerica.org Page 274 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 275 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 276 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 277 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 278 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 279 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 280 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 281 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 282 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Mayor Paloma Aguirre speaking at her first state of the city address on Thursday, Nov. 7, 2023. “We are looking forward to a partnership opportunity with the city of Chula Vista to provide shelter to unhoused residents in Imperial Beach and eventually be placed in permanent housing,” the mayor added. Page 283 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 284 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.2 – Cervantes Received 1/16/24 From: Delia Dominguez Cervantes < Sent: Tuesday, January 16, 2024 12:20 PM To: Carolina Chavez <cchavez@chulavistaca.gov>; Jose Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez <agonzalez@chulavistaca.gov>; Andrea Cardenas <acardenas@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov> Cc: Kerry Bigelow <KBigelow@chulavistaca.gov> Subject: Welcoming City-01/16/24 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 of Chula Vista 01/16/24 - Agenda Item 8.2 Our City of Chula Vista is already an inclusive, welcoming city. The City of Chula Vista is already focusing on developing other inclusion efforts for those who felt we are not doing enough. i.e The Justice, Equity, Diversity and Inclusion (JEDI). Please note: Several community members shared with this council that the JEDI outreach team tried very hard to get the community to say there was racial discrimination. There was none reported. We have non-citizens on our commissions, children attend schools regardless of citizenship status, our police departments respond to all citizen needs regardless of citizenship status, Health & Human Resources provides many benefits regardless of citizen status. It is difficult to understand why you are purposely inviting an out of state, George Soros’ Open Society Foundationto monitor us. What is really behind this move? I offer the attached article (dated Oct 17, 2023) that offers Welcoming City insight Mayor to veto Soros-linked ‘Welcoming City’ certificate program By Suzanne Downing October 17, 2023 Some people who received this message don't often get email from Learn why this is important Page 285 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.2 – Cervantes Received 1/16/24 https://mustreadalaska.com/mayor-to-veto-soros-linked-welcoming-city-certificate- program/ During the Mayor Ethan Berkowitz era, Anchorage became what is known as a Welcoming City,” which is very much the same thing as a “sanctuary city,” but with a different name — it’s a place for illegal immigrants to feel welcome. The former mayor’s wife led the charge on the initiative and headed up the immigrant-welcoming program. Fast forward to 2023: An ordinance by the Assembly that has the city work toward becoming an official “Welcoming City,” with a certificate as one, was vetoed by Mayor Dave Bronson today. There’s too much paperwork and redundancy, he said. This ordinance is a solution in search of a problem. Our Office of Equal Opportunity and Office of Equity and Justice recently passed their annual audit with flying colors. In addition, both offices have public visibility in advocating for their respective missions: equal opportunity, and equity for those who are disadvantaged. There is no good reason to burden these offices — and, by extension, Anchorage taxpayers — with additional data requirements as contemplated in the ordinance,” says the memo from Bronson to the Assembly. WelcomingAmerica.org says that being a certified Welcoming City “is a formal designation for cities and counties that have created policies and programs reflecting their values and commitment to immigrant inclusion.” But it also means more bureaucrats pushing papers for “diversity, equity, inclusion” goals, or DEI, as many call them. The Assembly has imposed this burden because some members want Anchorage to become a Certified Welcoming City, as determined by the national nonprofit Welcoming America. This is a misguided policy decision. Welcoming America is a grantee of George Soros’ Open Society Foundation. As the founder of Welcoming America wrote on the Open Society Foundation webpage over 10 years ago, this nonprofit attempts to attract thousands of individuals and organizations who want to replicate the Welcoming work in their own communities,” Bronson wrote. “In other words, Certified Welcoming City is a product, and the Assembly would like Anchorage to be its newest customer.” According to Welcoming America, “A Welcoming City or County is one that joins the Welcoming America network and works across multiple sectors, such as government, business, and non-profit, to create inclusive policies and practices such as making it easier for entrepreneurs to start a business or Page 286 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Written Communications Item 8.2 – Cervantes Received 1/16/24 having government documents available in multiple languages. Welcoming Cities are guided by the principles of inclusion and creating communities that prosper because everyone feels welcome, including immigrants and refugees.” Bronson said that Anchorage is already a welcoming city and has the most diverse schools in the country and vibrant immigrant communities. He sees no need to divert Anchorage tax dollars to a national certifying group that will tell the city what it already knows. The 12-member Assembly is politically very far left and is likely to override the mayor’s veto of the Welcoming City program. https://mustreadalaska.com/mayor-to-veto-soros-linked-welcoming-city-certificate- program/ Page 287 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 288 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 289 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Page 290 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda If you feel that a Certified Welcoming community has fallen out of compliance please contact us using our Complaint Form Certified Welcoming Complaint Form Welcoming America takes certification very seriously. We encourage individuals to bring concerns about noncompliance with the criteria in the Welcoming Standard: certified@welcomingamerica.org Complaint against (Name of Certified Welcoming locality)* Your answer Please explain why you believe the local government is in violation of any criteria in the Welcoming Standard.If you are able, please list which criteria (E.g. EA 2.2) the city or county is no longer meeting. If there is additional evidence that you would like to submit, please email it to certified@welcomingamerica.org Page 291 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Presented by: Courtney Chase, Deputy City Manager Page 292 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Membership Tiers Page 293 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Certified Welcoming –Welcoming Standard •Civic Engagement •Connected Communities •Economic Development •Education •Equitable Access •Government and Community Leadership •Safe Communities Page 294 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Certified Welcoming –Star Designation Stars Framework Areas Reviewed Number of Criteria Assessed Audit Timeline 1 7 16 1 day virtual 2 7 39 2-5 days 3 7 60 2-5 days 4 7 80 2-5 days 5 7 101 2-5 days Page 295 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Certified Welcoming •Membership –Annual payment of membership fees. •Audit -Compliance audit(s) by Welcoming America at any time, that may include contractors or third parties. •Investigation –Welcoming America will have the ability to investigate complaints, including anonymous complaints, submitted to Welcoming America based on any of the areas that the City was assessed on as part of the initial audit. Page 296 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda Council Direction Page 297 of 297 City of Chula Vista - City Council January 16, 2024 Post Agenda