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Home My WebLink About2024/04/09 Post Agenda Packet Date:Tuesday, April 9, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING **REVISED 4/5/2024** Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov. eComments, emails, and other written comments must be received by noon for a regular City Council meeting. 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. PUBLIC PARTICIPATION Complete Agenda Packet: The complete 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. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The first seven (7) speakers will be heard during the first Public Comment period. If there are additional speakers registered, they will be heard during the continued Public Comment period. If all registered speakers present at the time address the City Council during the first Public Comment period, there will be no continued Public Comment period. Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. 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 a member of the City Council or staff removes the item from the Consent Calendar. 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. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others as specified on the agenda. 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 April 9, 2024 Post Agenda Page 2 of 405 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 Special Recognition of the 2023-2024 Chula Vista Elementary School District Speech Contest Winners 4.2 Presentation of a Proclamation to Syara Platero for Her Outstanding Accomplishments and Contributions to Our Community, and Proclaiming April 9, 2024 as Syara Platero Day in the City of Chula Vista 4.3 Presentation of a Proclamation to Police Dispatcher and 2023 Dispatcher of the Year Issac Jeitler Proclaiming the Week of April 14 through April 20 as National Public Safety Telecommunications Appreciation Week in the City of Chula Vista 4.4 Presentation of a Proclamation to the City's Records and Information Management (RIM) Team Proclaiming the Month of April as RIM Month in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.7) 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 10 RECOMMENDED ACTION: Approve the minutes dated: February 26, 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. City of Chula Vista - City Council April 9, 2024 Post Agenda Page 3 of 405 5.3 Agreement: Approve a Second Amendment to the Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations 14 Report Number: 24-0083 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution approving the second amendment to the agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For- Hire Regulations. 5.4 Grant Award and Appropriations: Accept Grant Funds From the California Fire Foundation and the San Diego Regional Fire Foundation 24 Report Number: 24-0100 Location: No specific geographic location Department: Fire G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions A) Accepting the California Fire Foundation grant of $27,800 and appropriating funds for that purpose (4/5 vote required), and B) Accepting the San Diego Regional Fire Foundation grant of $293,000 and appropriating funds for that purpose (4/5 vote required). City of Chula Vista - City Council April 9, 2024 Post Agenda Page 4 of 405 5.5 Agreement: Approve a Consultant Services Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Development Impact Fee Program Updates and Appropriate Funds for that Purpose 36 Report Number: 24-0063 Location: No specific geographic location Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution waiving the competitive bidding process pursuant to Chula Vista Municipal Code Section 2.56.070B.3, approving the Agreement, and appropriating funds for that purpose. (4/5 Vote Required) 5.6 Waiver of Development Impact Fees: Approve a Waiver of Parkland Acquisition and Development Fees for a 57-Unit, 100 Percent Affordable Senior Housing Project Located at 178 Third Avenue 58 Report Number: 24-0076 Location: 178 Third Avenue Departments: Development Services & Housing and Homeless Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution to waive Parkland Acquisition Fees and Development Fees, totaling $625,414 for a proposed 57-unit, 100 percent affordable senior housing project at 178 Third Avenue. City of Chula Vista - City Council April 9, 2024 Post Agenda Page 5 of 405 5.7 Agreement: Approve an Agreement for the Continuation of the Work for Hope Program with McAlister Institute for Treatment and Education, Inc. 63 Report Number: 24-0114 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. RECOMMENDED ACTION: Adopt a resolution pursuant to Chula Vista Municipal Code Section 2.56.070(B)(4) single/sole source, approving an agreement with McAlister Institute for the continuation and expansion of the Work for Hope program. *6.PUBLIC COMMENTS 84 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.PUBLIC HEARINGS 7.1 Housing Grant Funding: Receive Recommendations for the Fiscal Year 2024/2025 U.S. Department of Housing and Urban Development Annual Action Plan 122 Report Number: 24-0049 Location: Third Avenue from West/South Orange Ave. to Anita St., East/South Anita St. to Zenith Street. All other projects are not location specific. Department: Housing and Homeless Services Department G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”). City of Chula Vista - City Council April 9, 2024 Post Agenda Page 6 of 405 RECOMMENDED ACTION: Conduct the public hearing and receive community input on the Fiscal Year 2024/25 U.S. Department of Housing and Urban Development Annual Action Plan recommendations for Federal Grant funding, including the Community Development Block Grant, Emergency Solutions Grant, and the Home Investment Partnerships Act programs. 7.2 Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed-Use Zone 173 Report Number: 24-0088 Location: Generally, north of Birch Road, east of State Route 125 (“SR-125”), south of Olympic Parkway, and west of Eastlake Parkway Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; certified by City Council Resolution No. 2003-131 on April 1, 2003). RECOMMENDED ACTION: Conduct a public hearing and place an ordinance on first reading approving amendments to the Planned Community District Regulations contained within the Otay Ranch Freeway Commercial SPA Plan. (First Reading) 7.3 Annual Military Equipment Report: Accept the Annual AB 481 Military Equipment Report and Review and Renew Ordinance No. 3549 254 Report Number: 24-0090 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution accepting the annual report and renewing Ordinance No. 3549, the Chula Vista Police Department Military Equipment Use Policy. 8.ACTION ITEMS City of Chula Vista - City Council April 9, 2024 Post Agenda Page 7 of 405 8.1 State Legislation: Hear a Report on Assembly Bill 2783: San Diego Unified Port District and Provide Direction to Staff on City Position 373 Report Number: 24-0116 Location: San Diego Unified Port District Tidelands Located in the City of Chula Vista Department: City Manager G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Council hear the report and provide direction to staff on City position on Assembly Bill 2783: San Diego Unified Port District. Possible positions include support, support if amended, oppose, oppose unless amended, or no position. 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 11.MAYOR’S REPORTS 12.COUNCILMEMBERS’ COMMENTS 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 15.1 Conference with Legal Counsel Regarding Exiting Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al, United States District Court, Case No. 21-cv-1627-AJB-DEB B) Name of case: Hanna Wells v. City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL C) Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-33446-CU-MC-CTL City of Chula Vista - City Council April 9, 2024 Post Agenda Page 8 of 405 15.2 Conference with Legal Counsel -- Anticipated Litigation -- Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) One (1) Case re: Notice of Potential Liability, Request for Information, Request for Payment, and Request for Performance of Work Associated with Releases and Threatened Releases of Hazardous Substances at the San Diego Bay National Wildlife Refuge Site in Chula Vista and National City, California 15.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen Employee organization: EXEC, SM and POA 16.ADJOURNMENT to the regular City Council meeting on April 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 April 9, 2024 Post Agenda Page 9 of 405 City of Chula Vista Special City Council Meeting MINUTES February 26, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney, Deputy Director of City Clerk Services Turner, Deputy Director of City Clerk Services Malone Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. 2. ROLL CALL Deputy Director of City Clerk Services Turner called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Chavez. 4. CONSENT CALENDAR (Items 4.1 through 4.4) Mayor McCann stated he would abstain from voting on Item 4.2 due to a potential property-related conflict of interest. Delia Dominguez Cervantes spoke regarding vote center sites. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To approve the recommended actions appearing below consent calendar Items 4.1, 4.3 and 4.4. The headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Carried (4 to 0) Page 10 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2024-02-26 City Council Special Meeting Minutes Page 2 4.1 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. 4.2 Tenant Protection Ordinance: Adopt an Ordinance to Update the Chula Vista Residential Tenant Protection Ordinance, CVMC Chapter 9.65, to Remain Consistent with Recently Adopted California Senate Bill 567 Robert Johnson submitted written comments. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Ordinance No. 3565, the heading was read, text waived. The motion was carried by the following vote: Yes (3): Councilmember Chavez, Deputy Mayor Gonzalez, and Councilmember Preciado Abstain (1): Mayor McCann Carried (3 to 0) Item 4.2 heading: ORDINANCE NO. 3565 OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.65 OF THE CHULA VISTA MUNICIPAL CODE TO ADD RESIDENTIAL TENANT PROTECTION PROVISIONS (SECOND READING AND ADOPTION) 4.3 Reimbursement Agreement: Approve the First Amendment to the Reimbursement Agreement with RIDA Chula Vista, LLC to Recognize Approved Change Orders, Add Construction of the G Street Sewer Pump Station Overflow Tank, and Appropriate Funds Accordingly Adopt a resolution approving the First Amendment to Reimbursement Agreement with RIDA Chula Vista, LLC to Construct Specified Bayfront Sewer Improvements to recognize various administratively approved change orders, add construction of the G Street Sewer Pump Station Overflow Tank, and amending the fiscal year 2023-24 Capital Improvement Projects program budget (SWR0321). (4/5 Vote Required) Item 4.3 heading: RESOLUTION NO. 2024-040 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT WITH RIDA CHULA VISTA, LLC TO INCLUDE THE G STREET SEWER PUMP STATION OVERFLOW TANK AND H STREET SEWER IMPROVEMENTS AND APPROPRIATE FUNDS TO CIP PROJECT, SWR0321 “RIDA BAYFRONT SEWER IMPROVEMENTS” THERFOR (4/5 VOTE REQUIRED) Page 11 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2024-02-26 City Council Special Meeting Minutes Page 3 4.4 Lease Agreement: Approve a Lease Agreement with GGP-Otay Ranch, L.P. for Tenant Space at Otay Ranch Town Center for the Otay Ranch Branch Library Adopt a resolution approving a lease agreement with GGP-Otay Ranch, L.P. for the Otay Ranch Branch Library. Item 4.4 heading: RESOLUTION NO. 2024-041 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE LEASE OF ONE TENANT SPACE WITH GGP-OTAY RANCH, L.P. AT THE OTAY RANCH TOWN CENTER FOR THE OTAY RANCH BRANCH LIBRARY 5. ACTION ITEMS 5.1 City Council Vacancy: Declaring a Vacancy for the District 4 City Councilmember Seat, Declaring an Intention to Use Good Faith, Best Efforts to Appoint a Person to Fill the Seat, and Providing Direction to Staff on the Appointment Process Deputy Director of City Clerk Services Turner gave a presentation; she and Assistant City Attorney McClurg responded to questions from the City Council. The following members of the public spoke regarding the item:  Dale Stevenson  Cheryl  Delfina Gonzalez, Chula Vista resident  Robert Johnson  Jose Sarmiento The following members of the public spoke in opposition to the item:  Delia Dominguez Cervantes, Chula Vista resident  John Acosta, Chula Vista resident  Anna Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution No.2024-042, and to include an education verification component to the application process, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Carried (4 to 0) Page 12 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2024-02-26 City Council Special Meeting Minutes Page 4 Item 5.1 heading: RESOLUTION NO. 2024-042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE VACANCY OF THE OFFICE OF DISTRICT 4 CITY COUNCILMEMBER AND DECLARING AN INTENTION TO USE GOOD FAITH, BEST EFFORTS TO APPOINT A PERSON TO FILL THE VACANT SEAT 6. CITY MANAGER’S REPORTS City Manager Kachadoorian congratulated Director of Engineering Valle on his retirement. 7. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 8. COUNCILMEMBERS’ COMMENTS Councilmember Chavez provided a SANDAG board meeting update. Councilmember Preciado reported on attendance at recent events and made community announcements. 9. CITY CLERK'S REPORTS There were none. 10. CITY ATTORNEY'S REPORTS There were none. 11. ADJOURNMENT The meeting was adjourned at 5:50 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 13 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Agreement: Approve a Second Amendment to the Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations Report Number: 24-0083 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt a resolution approving the second amendment to the agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations. SUMMARY On September 11, 2018, City Council approved an agreement with San Diego Metropolitan Transit System to regulate taxicabs and other for-hire vehicles, to the benefit of public safety. On April 2, 2019, City Council approved an amendment extending the agreement to June 30, 2024. The Police Department is recommending the approval of an agreement amendment to extend the agreement to June 30, 2029. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the “Project” qualifies for an Exemption Page 14 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION AB 1069 changed taxi regulation in California. The bill was supported by the taxi industry to make taxis more competitive with Uber and Lyft by reducing operating costs. The bill replaced longstanding city-by-city regulation, requiring multiple permits and fees, with regional regulation and a single permit and fee. Enacted in 2017, the bill imposes requirements on cities that are effective on January 1, 2019. One, in order to require a business license, the taxi company must be substantially located in the city. Substantially located means the taxi company has a primary business address in the city, or the largest share of the taxi’s originating trips are in the city, as demonstrated by a taxicab operator. Two, a city must create a Joint Powers Agreement with other government entities, or enter into an agreement with a transit agency, for the purpose of regulating taxicab companies and taxicab drivers. Three, regardless of where a taxi is substantially located or the type of regional regulation adopted, cities may impose certain regulations on taxis, including: a) limiting the number of taxicab providers that may use taxi stand areas or pick up street hails; b) requiring taxicab service providers to provide services in a manner that ensures equal access for all populations in the city; and c) enacting other public health, safety or welfare ordinances relating to taxicabs. On September 11, 2018, City Council approved an agreement with San Diego Metropolitan Transit System (MTS) to regulate taxicabs and other for-hire vehicles, which would provide a high level of regulatory service to a greater number of for-hire vehicles, to the benefit of public safety. This agreement was extended by City Council approval on April 2, 2019, and ends on June 30, 2024. The Police Department is recommending the approval of an agreement amendment to extend the agreement to June 30, 2029. MTS is a transit agency that has been providing transit services in the region since 1976 (original ly named the Metropolitan Transit Development Board), including bus and trolley services in Chula Vista. MTS has a dedicated Taxicab Administration unit and a robust inspection program to protect the public’s safety. Responsibilities include determining owner eligibility; inspecting vehicles; issuing permits; monitoring compliance with administrative and operational regulations; and investigating passenger complaints. In addition to regulating taxis, the Taxicab Administration unit regulates other for-hire transportation services, such as jitneys (shuttles following a fixed route), charter, sightseeing, low-speed and non-emergency medical vehicles. MTS provides regulatory services by contract for these vehicles in most cities in San Diego County, including El Cajon, Imperial Beach, National City, La Mesa, Lemon Grove, Oceanside, Poway, Santee and San Diego. If Council approves the agreement amendment, then MTS will go to the MTS board for consideration. If approved by the MTS board, the agreement would extend to June 30, 2029. 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 Page 15 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 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 Approving the agreement amendment with MTS for taxicab administration will result in no current -year fiscal impact. ONGOING FISCAL IMPACT Approving the agreement amendment with MTS for taxicab administration will have no ongoing fiscal impact. ATTACHMENTS Attachment 1 – Second Amendment to Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations Attachment 2 – First Amendment to Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations Attachment 3 – Agreement with San Diego Metropolitan Transit System for Administration of Taxicab and Other For-Hire Regulations Staff Contact: Police Chief Roxana Kennedy Police Captain Dan Peak Page 16 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR-HIRE REGULATIONS BETWEEN THE CITY AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM WHEREAS, Assembly Bill No. 1069, signed into law by California’s governor in 2017 and effective on January 1, 2019, requires cities to either create a Joint Powers Authority or enter into an agreement with a transit agency, such as the San Diego Metropolitan Transit System (MTS), to regulate taxicab companies and taxicab drivers; and WHEREAS, as authorized by California Public Utilities Code Section 12066, the MTS for years has contracted with most cities in its service area, such as National Cit y, Imperial Beach, San Diego, Lemon Grove, El Cajon, Santee and Poway, to provide full -service regulation of taxicabs and other for-hire transportation services; and WHEREAS, on September 11, 2018, City Council approved an agreement with San Diego Metropolitan Transit System to regulate taxicabs and other for-hire vehicles; and WHEREAS, the current agreement with MTS ends on June 30, 2024, and the Police Department recommends the approval of an amendment to extend taxicab administration to June 30, 2029; and WHEREAS, AB 1069 reserved rights of cities to regulate taxi stands in their jurisdictions and to require taxicab companies that are substantially located in Chula Vista, as defined by AB 1069, to obtain a business license. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Second Amendment to the Agreement for Administration of Taxicab and Other For-Hire Vehicle Regulations between the City and the San Diego Metropolitan Transit System, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Roxana Kennedy Chief of Police Approved as to form by Marco A. Verdugo City Attorney Page 17 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda MTS Doc No. G21220.2-18 1 SECOND AMENDMENT TO AGREEMENT FOR ADMINISTR ATION OF FOR-HIRE VEHICLE REGULATIONS BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND CITY OF CHULA VISTA THIS AGREEMENT is entered into by and between the City of Chula Vista, a charter city and municipal corporation, 276 4th Avenue, Chula Vista, CA (herein called “CITY”), and the San Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San Diego, CA (herein called “MTS”), in view of the following recitals, which are a substantive part of this Agreement: RECITALS A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC), to enter into contracts with any city in the County of San Diego and with the County of San Diego to license or regulate by ordinance any For-Hire Vehicle Services rendered wholly within the city’s corporate limits or within the unincorporated area of the county; B. For-Hire Vehicle Services means vehicles, other than public transportation vehicles, transporting passengers over public streets for compensation, which includes taxicabs, non-emergency medical vehicles, passenger jitney service, low-speed vehicles, charters, and sightseeing vehicles; C. CITY regulated taxicab and other for-hire vehicles in accordance with the Chula Vista City Municipal Code, Chapter 5.54; D. CITY desires that MTS regulate For-Hire Vehicle Services pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11, “An Ordinance Providing for the Licensing and Regulating of Transportation Services W ithin the City and County by the Adoption of a Uniform Paratransit Ordinance” and its other policies and regulations; E. CITY and MTS entered into an agreement for the period of November 1, 2018 through June 30, 2019; and a first amendment to that agreement for the period of July 1, 2019 through June 30, 2024; and F. CITY and MTS now desire to enter into an agreement to extend the period from July 1, 2024 through June 30, 2029. NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, CITY and MTS agree as follows: 1. MTS will administer and enforce For-Hire Vehicle Services regulations through MTS Ordinance No. 11 and its other policies and regulations as in effect on July 1, 2024, and as thereafter from time to time amended by MTS, and thereby regulate such For-Hire Vehicle Services rendered wholly within the CITY’s corporate limits during the period of July 1, 2024 through June 30, 2029, pursuant to PUC Section 120266. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now Page 18 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda MTS Doc No. G21220.2-18 2 or hereafter provided by the MTS Ordinance No. 11 and its other policies and regulations. 3. The CITY Manager and MTS Chief Executive Officer may supplement this Agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of For-Hire Vehicle Services regulation and to provide for reimbursable staff and legal support services. 4. This Agreement shall be effective upon execution by the City and MTS and shall continue until written notice of termination. This Agreement may be terminated at any time by either party upon 180 days’ written notice to the other party. IN W ITNESS THEREOF, this second amendment to the Agreement is executed by the CITY acting by and through its Mayor pursuant to Council Resolution No. , and by MTS acting through its Chief Executive Officer. Dated this 1st day of July, 2024. CITY OF CHULA VISTA SAN DIEGO METROPOLITAN TRANSIT SYSTEM John McCann Sharon Cooney Mayor Chief Executive Officer W E HEREBY APPROVE the f orm of the foregoing Agreement. Marco A. Verdugo General Counsel City Attorney Date: Date: Attest: Kerry K. Bigelow, MMC City Clerk Page 19 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda MTS Doc No. G2122 .1-18 FIRST AMENDMENT TO AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND CITY OF CHULA VISTA THIS AGREEMENT is entered into by and between the City of Chula Vista, a municipal corporation, 276 4th Avenue, Chula Vista, CA (herein called "CITY"), and the San Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San Diego, CA herein called "MTS"), in view of the following recitals, which are a substantive part of this Agreement: RECITALS A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC), to enter into contracts to regulate transportation services within a city in its area of jurisdiction and the County of San Diego; B. CITY is within MTS'sjurisdiction created January 1, 1976, under Section 120050, et seq., Chapter 2, Division 11 of the PUC; C. CITY regulated taxicab and other for -hire vehicles in accordance with the Chula Vista City Municipal Code, Chapter 5.54.010; D. CITY desires that MTS regulate taxicabs and other for -hire vehicles and services such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within the City and County"; E. CITY and MTS entered into an agreement for the period of November 1, 2018 through June 30, 2019; and F. CITY and MTS now desire to enter into an agreement to extend the period from July 1, 2019 through June 30, 2024. NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, CITY and MTS agree as follows: 1. MTS will administer and enforce its taxicab and other for -hire vehicles Ordinance policies and regulations as in effect on July 1, 2019, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and transportation services rendered wholly within the CITY's corporate limits during the period of July 1, 2019 through June 30, 2024, pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by the MTS Taxicab and Other For -Hire Vehicles Ordinance No. 11 policies, and regulations. 3. The CITY Manager and MTS Chief Executive Officer may supplement this Page 20 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda TS Doc No. G2122' .1-18 agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. 4. This Agreement shall be effective upon execution by the City and MTS and shall continue until written notice of termination. This Agreement may be terminated at any time by either party upon 180 days' written notice to the other party. IN WITNESS THEREOF, this first amendment to the agreement is executed by the CITY acting by and through its Mayor pursuant to Council Resolution No. zW _( and by MTS acting through its Chief Executive Officer. Dated this 1 st day of July, 2019. CITY OF CHULA VISTA Mary C illas Salas Mayor SAN DIEGO METROPOLITAN TRANSIT SYSTEM aul C. Jablons Chie u ive Officer WE HEREBY APPROVE the form of the foregoing Agreement. Genn Googins . City Attorney Date: q l D - D CC 9 Attest: Kerry 4 . Bigelo , MMC City Clerk 2- of the General Counsel Date: Page 21 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda G2122.0-18 AGREEMENT FOR ADMINISTRATION OF TAXICAB AND OTHER FOR -HIRE VEHICLE REGULATIONS BETWEEN SAN DIEGO METROPOLITAN TRANSIT SYSTEM AND CITY OF CHULA VISTA THIS AGREEMENT is entered into by and between the City of Chula Vista, a municipal corporation, 276 4th Avenue, Chula Vista, CA (herein called "CITY"), and the San Diego Metropolitan Transit System, a public agency, 1255 Imperial Avenue, Suite 1000, San Diego, CA herein called "MTS"), in view of the following recitals, which are a substantive part of this RECITALS A. MTS is authorized under Section 120266, Chapter 2, Division 11 of the California Public Utilities Code (PUC), to enter into contracts to regulate transportation services within a city in its area of jurisdiction; B. CITY is within MTS's jurisdiction created January 1, 1976, under Section 120050, et seq., Chapter 2, Division 11 of the PUC; C. CITY regulated taxicab and other for -hire vehicles in accordance with the Chula Vista City Municipal Code, Chapter 5.54.010; and D. CITY desires that MTS regulate taxicabs and other for -hire vehicles and services such as charter vehicles, sight-seeing vehicles, nonemergency medical vehicles, and jitney vehicles pursuant to PUC Section 120266 and in accordance with MTS Ordinance No. 11, "An Ordinance Providing for the Licensing and Regulating of Transportation Services Within the City" NOW THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, CITY and MTS agree as follows: 1. MTS will administer and enforce its taxicab and other for -hire vehicles Ordinance policies and regulations as in effect on November 1, 2018, and as thereafter from time to time amended by MTS, and thereby regulate such taxicab and other for -hire vehicles and transportation services rendered wholly within the CITY's corporate limits during the period of November 1, 2018 through June 30, 2019, pursuant to PUC Section 120266. 2. MTS will collect and administer all such regulatory fees, fines, and forfeitures as now or hereafter provided by the MTS Taxicab and Other For -Hire Vehicles Ordinance No. 11 policies, and regulations. 3. The CITY Manager and MTS Chief Executive Officer may supplement this agreement by executing a Memorandum of Understanding relative to administrative and operating procedures of taxicab and other for -hire vehicles regulation and to provide for reimbursable staff and legal support services. Page 22 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2122.0-18 4. This Agreement shall be effective upon execution by the City and MTS and shall continue until written notice of termination. This Agreement may be terminated at any time by either party upon 180 days' written notice to the other party. IN WITNESS THEREOF, this agreement is executed by the CITY acting by and through its Mayor pursuant to Council Resolution No. -20E— t63 , and by MTS acting through its Chief Executive Officer. CITY OF CHULA VISTA Mary s sillas Salas Mayor Date: (oC/ SAN DIEGO METROPOLITAN TRANSIT SYSTEM Paul C. ablonski Chief Exec fficer Date: WE HEREBY APPROVE the form of the foregoing Agreement. Glen R. Googins City Attorney 2 2- O ice of the General Counsel Date: ` ?,V t 0 Page 23 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Grant Award and Appropriations: Accept Grant Funds From the California Fire Foundation and the San Diego Regional Fire Foundation Report Number: 24-0100 Location: No specific geographic location Department: Fire G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions A) Accepting the California Fire Foundation grant of $27,800 and appropriating funds for that purpose (4/5 vote required), and B) Accepting the San Diego Regional Fire Foundation grant of $293,000 and appropriating funds for that purpose (4/5 vote required). SUMMARY The Fire Department applied for the California Fire Foundation Grant and San Diego Regional Fire Foundation Grant for assistance in purchasing equipment needs for the Fuels Crew for hazard brush mitigation around the City. The California Fire Foundation Grant awarded $27,800 and the San Diego Regional Fire Foundation Grant awarded $293,000. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 24 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista Hazard Mitigation Plan classifies wildfire as having highly significant threat to the city and its residents. Chula Vista has several residential communities and commercial structures built in and around many wildland and open space areas. A number of these structures were developed prior to the enactment of the City’s Urban-Wildland interface Code in 2000. Additionally, Chula Vista abuts a rural mountainous region on the eastern boundary of the city that is rated as a very high fire hazard severity zone. Wildfire is rated as a “high” hazard within the City because of the amount of open space and canyon areas that are in the center city. These areas, if involved in a wildland fire, have the potential to affect much of the City’s population. In response to the ever-increasing threat of wildfire, the Fire Department established its first ever Fuels Crew. By industry standards, a fuels crew is a group of personnel that specializes in vegetation fuel management related to vegetation fire hazards and risks. The mission of Fuels Crew is to reduce the wildfire risk to the public through the Hazardous Fuels Reduction Program. This program is intended to address the City’s potential for wildfire within the wildland-urban interface and reduce the risk to life and property while fostering healthy landscapes that are resilient to wildfire. Specialized training and equipment are required to properly complete hazardous fuels reduction projects. Equipment includes, but is not limited to, skid steer loaders with attachments for grappling, grinding, and chipping, as well as power tools and hand tools to cut and remove brush, small trees and other hazardous vegetation. By reducing wildfire risk, we create safer communities and safer places to recreate, while generating awareness for fire safety and preparedness. Additionally, by performing hazardous fuels reduction activities, aimed at keeping wildfires smaller and more manageable, we create a safer environment for our first responders to combat wildfires and reduce the risk of loss of life and property. The California Fire Foundation The California Fire Foundation, a non-profit 501 (c)(3) organization, provides emotional and financial assistance to families of fallen firefighters, firefighters and the communities they protect. Formed in 1987 by California Professional Firefighters, the California Fire Foundation’s mandate includes an array of survivor assistance projects and community initiatives. The Chula Vista Fire Department applied for and received $27,800 in grant funds which will be used to purchase equipment directly aligned with the mission of the Fuels Crew for hazard brush mitigation around the city. Equipment utilized by the Fuels Crew includes heavy equipment such as a wood -chipper. This equipment requires specialized training as well as accessories to correspond with the specific type of fuels that are being cleared. Everything from large tree trunks to light brush needs to be cut down to smaller size to be more manageable for Fuels Crew personnel. Page 25 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 The San Diego Regional Fire Foundation The mission of the San Diego Regional Fire Foundation is to make San Diego the safest county in the nation from fire related incidents. To accomplish this mission, the foundation supports programs throughout San Diego County by working closely with fire departments and other partners to identify and raise funds for departmental needs and regional priorities to deliver top-notch medical and rescue services, as well as effective fire prevention and suppression services. The Chula Vista Fire Department applied to the San Diego Regional Fire Foundation grant opportunity, seeking funding for Fuels Crew equipment needs similar to and supportive of the California Fire Foundation wood-chipper. In addition to the Fuels Crew equipment, is funding for a new Type 6 Engine to support the increasing volume of vegetation fires experienced on the westside of the City. The department’s application was successful, and the foundation has agreed to provide $293,000 toward the purchase of new equipment dedicated to hazardous fuels removal and extinguishing vegetation fires. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of resolutions A and B will result in the acceptance of $27,800 from the California Fire Foundation and $293,000 from the San Diego Regional Fire Foundation and amend the Fiscal Year 2023-2024 budget by appropriating funds to the Fire Section of the Other Grants Fund and State Grants Fund. ONGOING FISCAL IMPACT Future maintenance costs will be included as part of the annual budget development process and funded by the Measure A Fund. ATTACHMENTS Attachment 1: San Diego Regional Fire Foundation Draft Memorandum of Understanding Attachment 2: California Fire Foundation Grant Agreement Staff Contact: Emily Folker, Principal Management Analyst; Harry Muns, Fire Chief; Marlon King, Emergency Services Manager Page 26 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CALIFORNIA FIRE FOUNDATION GRANT, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING FIRE CHIEF HARRY MUNS TO EXECUTE DOCUMENTS WHEREAS, The California Fire Foundation provides emotional and financial assistance to families of fallen firefighters, firefighters and the communities they protect; and WHEREAS, The City of Chula Vista Hazard Mitigation Plan classifies wildfire as having highly significant threat to the City and its residents; and WHEREAS, the Fire Department established its first-ever Fuels Crew that specializes in vegetation fuel management related to vegetation fire hazards and risks; and WHEREAS, The mission of Fuels Crew is to reduce the wildfire risk to the public through the Hazardous Fuels Reduction Program; and WHEREAS, the Fire Department received notification of approval of the grant application, with a grant award in the amount of $27,800; and WHEREAS, the Fire Department will use this funding to purchase equipment for the Fuels Crew operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the California Fire Foundation Grant award, amends the Fiscal Year 2023-24 budget by appropriating funds of $27,800 to the Fire Section of the Other Grants Fund, and authorizes Harry Muns to execute all associated agreements. Presented by Approved as to form by Harry Muns Marco A. Verdugo Fire Chief City Attorney Page 27 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE SAN DIEGO REGIONAL FIRE FOUNDATION GRANT, APPROPRIATING FUNDS THEREFOR, AND AUTHORIZING FIRE CHIEF HARRY MUNS TO EXECUTE DOCUMENTS WHEREAS, The mission of the San Diego Regional Fire Foundation is to make San Diego the safest county in the nation from fire-related incidents; and WHEREAS, The City of Chula Vista Hazard Mitigation Plan classifies wildfire as having highly significant threat to the City and its residents; and WHEREAS, the Fire Department established its first ever Fuels Crew that specializes in vegetation fuel management related to vegetation fire hazards and risks; and WHEREAS, The mission of Fuels Crew is to reduce the wildfire risk to the public through the Hazardous Fuels Reduction Program; and WHEREAS, the Fire Department received notification of approval of the grant application, with a grant award in the amount of $293,000; and WHEREAS, the Fire Department will use this funding to purchase equipment for the Fuels Crew operations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts the San Diego Regional Fire Foundation Grant award, amends the Fiscal Year 2023- 24 budget by appropriating funds of $293,000 to the Fire Section of the State Grants Fund and authorizes Harry Muns to execute all associated agreements. Presented by Approved as to form by Harry Muns Marco A. Verdugo Fire Chief City Attorney Page 28 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 1 SAN DIEGO REGIONAL FIRE & EMERGENCY SERVICES FOUNDATION AND THE CITY OF CHULA VISTA FIRE DEPARTMENT MEMORANDUM OF UNDERSTANDING The San Diego Regional Fire & Emergency Services Foundation (Fire Foundation) and the City of Chula Vista Fire Department (Chula Vista) enter into this MOU for the acquisition, ownership, operation, and maintenance of a Commercial Handheld Chipper, Skid Steer with attachments, and a Type 6 Fire Engine. (Project Equipment). The Fire Foundation has $293,000 in funds available and will grant Chula Vista said amount to partially fund the acquisition of the Project Equipment as follows.  Chipper at cost of $110,000 with $32,000 from the Fire Foundation and Chula Vista funding the remaining $78,000.  Skid Steer and attachments at a cost of $195,000 with $97,500 from the Fire Foundation and Chula Vista also funding $97,500. In addition, Chula Vista will solely be responsible for funding the acquisition of the trailer for the Skid Steer and a vehicle to tow the Skid Steer and trailer.  Type 6 Fire Engine at a cost of $327,000 with $163,500 from the Fire Foundation and Chula Vista also funding $163,500. In addition, Chula Vista will solely be responsible for funding the acquisition of all equipment for the Type 6 at an estimated cost of $150,000. The $293,000 funded by the Fire Foundation comes from a grant received from the San Diego River Conservancy (Conservancy). The Fire Foundation is solely involved in funding the Project Equipment. In owning the Project Equipment, Chula Vista has full responsibility for the proper operation and maintenance of the Project Equipment. Chula Vista agrees to the following conditions: GENERAL CONDITIONS 1. Chula Vista will purchase and pay for said Chipper, Skid Steer with attachments, and the Type 6 Fire Engine. Chula Vista will then provide the Fire Foundation a copy of the invoices and proof of payment. The Fire Foundation will then reimburse Chula Vista for the Fire Foundation’s share of the acquisition cost as specified above. 2. Chula Vista will provide to the Fire Foundation a copy of the Air Quality Control Board permit, or any other permit, required to operate the Chipper or Skid Steer, as well a picture of the Chipper, Skid Steer with attachments and Type 6 Fire Engine within 30 days of receipt of the equipment. 3. Chula Vista shall assume any obligation to furnish any additional funds that may be necessary to complete the Project. 4. Title to the Project Equipment will be held in Chula Vista’s name. The Project Equipment can’t be sold for a period of at least five years without the Fire Foundation’s written permission. 5. Term of the MOU is upon approval through December 31, 2029. PROJECT EXECUTION 1. Ensure that everybody utilizing the Project Equipment is trained and qualified in its safe use. Page 29 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2 2. Maintain the Project Equipment in good working order and store the Project Equipment in a manner to safeguard this asset. Chula Vista certifies that the Project Equipment will comply with all current local, state, and federal law and regulations which apply to the Project Equipment. 3. Chula Vista shall at all times ensure the Project Equipment complies with the California Environmental Quality Act (CEQA) and all other environmental laws, including but not limited to obtaining all necessary permits such as the Air Quality Control Board permits. 4. Chula Vista is solely responsible for all ownership, operating, permitting, and maintenance expenses. 5. Chula Vista will make the Project Equipment available for inspection by the Fire Foundation or the Conservancy at mutually agreed times. PROJECT REPORTING AND ADMINISTRATION 1. Provide information and quotes to the Fire Foundation to include in a press release describing the project awarded and how it will benefit the Chula Vista community. Chula Vista will mention the Conservancy’s and Fire Foundation’s support in providing the Project Equipment in its contact with the media, on social media postings, and on its website. Fire Chief to participate in at least two media events regarding Project Equipment. 2. For a five-year period ending on December 31, 2028, Chula Vista shall provide an annual report by January 31 of each year to the Fire Foundation detailing the community chipping and brush clearance events in the Otay Valley Regional Park and Otay Reservoir and any other area in which the Chipper and Skid Steer were utilized in the prior year. The report shall include dates of the events, photo documentation of before and after fuel reduction of the events, and the cubic feet of volume of vegetation chipped/cleared or a measurement agreed upon by parties to this MOU. 3. This MOU may be amended by mutual agreement in writing between Chula Vista and the Fire Foundation. PROOF OF INSURANCE 1. Throughout the term of this MOU, Chula Vista shall acquire and maintain a minimum of $1 million of insurance on the Project Equipment for any theft, damage, accidents, or claims for injuries to persons or damage to property that may arise from or in connection with any activities by Chula Vista or subcontractors associated with the Project Equipment. 2. Proof of insurance shall be provided to the Fire Foundation annually throughout the term of this MOU starting within one month after acquiring each piece of Project Equipment. SIGNS 1. Attach permanent signage, with type of sign, size and content agreeable to both parties, recognizing the Conservancy and Fire Foundation to each piece of Project Equipment. This signage shall be displayed at all times. Signage to be paid for by the Fire Foundation. Provide a photograph of the signage attached to each piece of Project Equipment within 30 days of sign delivery. PROJECT TERMINATION 1. If Chula Vista fails to complete this Project or comply with the terms of this MOU, Chula Vista shall be liable for immediate repayment to the Fire Foundation for the full grant amount. Page 30 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 3 This MOU is approved, effective, and signed by each party this March XX, 2024. San Diego Regional Fire & Emergency Services Foundation City of Chula Vista Fire Department ____________________________ ____________________________ Joan Jones, Executive Director Harry Muns, Fire Chief Page 31 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Use of Grant Funds* 1. Grant funds shall be expended solely in support of the objectives detailed in your proposal and budget for the above -referenced project. 2. Grant funds shall not be used for lobbying expenditures or to aid in the election or appointment of a public official or in the passage or defeat of a ballot measure. 3. Grantee agrees to defend and hold harmless the Grantor and its officers and employees from and against any claim, including the expenses of investigation and defense of such claim, arising out of or in any way connected with this grant or the expenditure of grant funds. 4. Grantee shall furnish to the Foundation any information concerning a major program or budget change in the proposal. 5. Grantee shall maintain financial records for expenditu res and receipts relating to this grant, retaining these records and other supporting documentation that details all grant funds used for the approved proposal and budget. 6. Any undisbursed project funds shall be remitted to the Foundation within two months following the end of the grant period. Any refund of less than $100 will be waived. 7. The Foundation reserves the right to discontinue, modify or withhold any payment(s) that might otherwise be due under this grant, to require a refund of any unexpended fund s, or both, if, in the Grantor’s judgment, either of the following occur:  Grant funds have been used for purposes other than those contemplated by this agreement; or  Such action is necessary to comply with the requirements of any law or regulation affectin g either the Grantee’s or the Grantor’s responsibilities under the grant. I agree to the above The California Fire Foundation prefers to issue grant awards via physical check. A check will be sent by US Mail to the following address you provide: Grantee's Finance Contact (Name - First and Last)* Emily Folker Finance Contact's Email Address* efolker@chula Finance Contact's Phone Number* 6194095497 Payee* Name of department, agency or organization that the check is made payable to. Important! Payee name listed must match the name provided on the W -9 below. Page 32 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda City of Chula V Payee Address* Address that the check should be sent to via US Mail Example: SoCal Fire Department c/o City of SoCal, Accounting Department 1234 Southern Street SoCal, CA 56789 146 characters left of 250 W-9* Upload a completed W-9 for the grantee (download a blank one here ) Important! To avoid causing a delay in processing your award, follow the below instructions:  All Grantees - Your uploaded W-9 must include a signature and date, and the name provided on the W-9 must match the payee name noted in the section above.  Nonprofit Grantees - Be sure to select "Other" as your organization's federal tax classification and on the corresponding line write "Nonprofit corporation exempt under IRS Code Section ____" (i.e. fill in blank with the IRS Code Section applicable to your organization, such as 501(c)(3))  Fire Department Grantees - Be sure to select "Other" as your department's federal tax classification and on the corresponding line indicate whether you are a fire district, municipality, etc. PDF ChulaVistaW9October2021.pdf [1.3 MiB] Compliance* 1. Grantee shall not engage in any activity that is inconsistent with the terms of this Grant Agreement, including using these funds in a fashion inconsistent with the Grantor’s status as an organization exempt from taxation under Internal Revenue Code Section 501(c)(3) and related IRS regulations and rulings. Page 33 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2. Grantee shall not, directly or indirectly, engage in, support, or promote violence or terrorist - related activities. I agree to the above Cooperation* 1. Grantee shall cooperate with the Grantor in supplying additional information or in complying with any procedures which might be required by any governmental agency in order for the Grantor to establish the fact that it has observed all requirements of the law with respect to this grant. I agree to the above Partnership Recognition* It is an expectation that Grantee publicly acknowledges this award. In recognition of the funding partnership, Grantee shall: 1. Acknowledge Grantor's support using the resources provided in these toolkits (ENGLISH | SPANISH) for distribution across Grantee's social media channels and any publications or grant project -related communication(s); 2. Always use Grantor's full name -- California Fire Foundation -- when referencing the Foundation; and 3. Where possible, include this written acknowledgement when referencing the grant: This project is made possible from a grant awarded in partnership with the California Fire Foundation. Grantor, at its discretion, may include information regarding this grant in its periodic reports and through its various media channels. I agree to the above Grant Reporting* 1. Grantee shall submit a brief final impact report through the Grantor's online grants' portal no later than 45 calendar days after the end date of Grantee's project, as stated in the awarded proposal. ***NOTE: Access to the final impact report will appear on Grantee's dashboard in the portal shortly after this agreement is submitted and Grantor has issued award. 2. Grantee's final report shall include:  A summary of what was accomplished within the project period via the expenditure of grant funds;  The status of project objectives with respect to how grant funds were expended to attain said objectives;  A description of progress made, including any challenges, opportunities, or outcomes; Page 34 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda  Media, including links to pictures and/or video clips highlighting Grantee's project; and  A final total project budget (which may be greater than the amount of the gra nt) and corresponding expenditures since the start of the grant period. Please include related receipts and/or invoices. I agree to the above ACCEPTANCE By electronically signing this Grant Agreement below, the Grantee's signatory represents to the Grantor that they have the authority to sign this agreement on behalf of the Grantee. This grant may be withdrawn if you do not accept and submit a completed grant agreement within 14 calendar days. By selecting the “I Accept Grant Terms and Conditions” below, Grantee agrees to accept and comply with the stated terms and conditions of this grant. I Accept Grant Terms and Conditions Name of Signatory (First, MI and Last)* DISCLAIMER: By typing your name below you are signing this Grant Agreement electro nically. You agree that your electronic signature is the legal equivalent of your manual signature on this agreement. Greg Millea Signatory's Title* Fire Captain Tr The California Fire Foundation truly values this opportunity to partner with you on your project and wishes you every success in the coming months! One submitted, your responses cannot be edited. Carefully review your answers prior to submitting. After submitting your completed Grant Agreement, you will receive an email confirmation from us. If you haven't already, please be sure to mark administrator@grantinterface.com as a safe sender. Page 35 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Agreement: Approve a Consultant Services Agreement with Fehr & Peers to Provide Professional Services Related to Transportation Development Impact Fee Program Updates and Appropriate Funds for that Purpose Report Number: 24-0063 Location: No specific geographic location Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution waiving the competitive bidding process pursuant to Chula Vista Municipal Code Section 2.56.070B.3, approving the Agreement, and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY Consultant Services Agreement with Fehr & Peers to provide professional consultant services supporting the City of Chula Vista Transportation Development Impact Fee (“TDIF”) program updates. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. Page 36 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 DISCUSSION On December 10, 2019, Council adopted Resolution No. 2019-236, which approved a consultant services agreement (the “Original Agreement”) between the City of Chula Vista and Fehr & Peers to provide professional services to support the City’s implementation of Senate Bill 743 (“SB 743”). The Original Agreement had a not-to-exceed budget of $515,363, including a contingency of $46,851. Authorized services included the development of tools and procedures to complete a California Environmental Quality Act (“CEQA”) transportation impact analysis in the City of Chula Vista and an update to the City’s existing TDIF programs. The funding source for this contract are private developer funded TDIF funds. The first phase of the services was completed in June 2020 in support of the City Council adopted Resolution 2020-140, approving the Transportation Study Guidelines (“TSG”). The TSG was completed prior to the July 1, 2020 implementation deadline established by the California Office of Planning and Research. The consultant team completed this phase approximately $28,000 below the established budget and with out using any contingency. There were five amendments to the Original Agreement, four of which did not involve any changes to the budget. In January 2022, Council adopted Resolution 2022-023, which increased the budget by $96,310 to a total of $611,673 to prepare cost estimates for approximately 50 planned roadway and active transportation facilities that are currently included in the Eastern TDIF and Western TDIF nexus studies. Both of these nexus studies were last updated in 2014. The Agreement expired on December 29, 2022, and therefore any subsequent related services necessitate a new agreement. Over the course of the project, the consultant has developed a unique understanding of City processes, procedures, and objectives with respect to TDIF program updates. As such, we believe that a competitive bid selection would result in additional costs and delays in selecting a new consultant and bringing them up to speed before commencing the required services. Therefore, the Department Director in consultation with the Purchasing Agent recommends City Council waive the competitive bidding process in accordance with Chula Vista Municipal Code Section 2.56.070B.3. Additional services are needed to complete the TDIF program updates. These additional services include coordination meetings; updates and revisions to the draft nexus studies; project management; and development of a public facing tool to automate fee calculation for private development projects. Optional services include up to two public outreach meetings and a contingency to cover any subsequently identified additional services. Any optional services shall not be performed without prior authorization by the City. The fee for all services in this Agreement totals $112,500. 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. Page 37 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT Approval of this resolution awards the proposed Consultant Services Agreement with Fehr & Peers for professional services and increases appropriations for this purpose. The services will be funded from the available balances of the Eastern and Western TDIF funds. The cost allocation between the Eastern and Western TDIF funds is based on the remaining fee program obligation as of the most recent nexus study for each TDIF, 86% and 14%, respectively. Appropriations by fund are summarized in the table below. Funding Source Appropriation Eastern TDIF Fund $ 96,750 Western TDIF Fund $ 15,750 Total Appropriation $ 112,500 ONGOING FISCAL IMPACT There is no ongoing fiscal impact resulting from this action. ATTACHMENTS 1. Consultant Services Agreement Staff Contact: Scott Barker, Transportation Engineer, Development Services Laura C. Black, AICP, Director of Development Services Page 38 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BID REQUIREMENT, APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND FEHR & PEERS TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CHULA VISTA TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM UPDATES, AND APPROPRIATING FUNDS THEREFOR WHEREAS, Fehr & Peers (“Consultant”) has been providing services to the City under the Consultant Services Agreement with Fehr & Peers to Provide Professional Services Supporting City of Chula Vista Implementation of Senate Bill (SB) 743 since December 2019; and WHEREAS, Consultant’s services thus far have been performed substantially below the established budget, have consistently met challenging deadlines, and have produced a deliverable that has been recognized as outstanding by a local professional organization; and WHEREAS, Consultant has developed unique and valuable insight into City poli cies, procedures, and objectives regarding the City’s transportation development impact fee programs; and WHEREAS, the City requires additional consultant services to complete updates to the City’s transportation development impact fee programs and Consultant has the requisite skills and experience to perform these Additional Services through November 29, 2024; and WHEREAS, the period of performance of the Original Agreement has expired and therefore a new, standalone Consultant Services Agreement is necessary to complete the required services; and WHEREAS, the Department Director in consultation with the Purchasing Agent, believes that soliciting a competitive bid would result in delays and additional costs to the City; and WHEREAS, the proposed Consultant Services Agreement would have a budget of $112,500. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby finds that the City’s interests would be materially better served by waiving the formal competitive bid requirement and hereby waives the formal competitive bid requirement of Chula Vista Municipal Code section 2.56.070; approves the Consultant Services Agreement with Fehr & Peers to Provide Professional Services Supporting City of Chula Vista Transportation Development Impact Fee Program Updates, between the City and Fehr & Peers, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Page 39 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it appropriates available fund balance of $96,750 in the Eastern Transportation Development Impact Fee Fund and $15,750 in the Western Transportation Development Impact Fee Fund. Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 40 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH FEHR & PEERS TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CITY OF CHULA VISTA TRANSPORTATION DEVELOPMENT IMPACT FEE PROGRAM UPDATES This Agreement is entered into effective as of April 9, 2024(“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Fehr & Peers, A California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, City requires engineering services to support the City’s updates to the Eastern and Western Transportation Development Impact Fee programs; and WHEREAS, In order to procure these services Consultant was chosen based on Consultant’s unique qualifications, including successful completion of related services provided since December 2019 under a separate contract; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section 2.56.070.B.4; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 41 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Consultant provide additional services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additio nal Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and Page 42 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of Page 43 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers ’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words Page 44 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, arising out of any negligent alleged acts, or omissions, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. Page 45 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Consultant agrees to pay any and all costs and fees City incurs in enforcing Consultant’s obligations under this Section 4. 4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement. 5. CONFLICTS OF INTEREST 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors. Consultant further agrees to notify City in the event any such interest is discovered wheth er or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. Page 46 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first Page 47 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranti es and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carr y out the provisions of this Agreement and the intentions of the Parties. Page 48 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volu nteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Co nsultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 49 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. FEHR & PEERS CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ SARAH BRANDENBERG JOHN MCCANN REGIONAL PRINCIPAL IN CHARGE MAYOR ATTEST1 BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney 1 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attest ation signature block. Page 50 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Scott Barker 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5247 SBarker@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B. Consultant Contract Administration: FEHR & PEERS 555 West Beech Street, Suite 302, San Diego, CA 92101 619-758-3001 K.Cole@fehrandpeers.com For Legal Notice Copy to: Katy Cole 555 West Beech Street, Suite 302, San Diego, CA 92101 619-758-3001 K.Cole@fehrandpeers.com 2. Required Services A. General Description: Contractor shall provide various services (including team coordination, public meetings, public outreach, and development of a fee calculator tool) to support adoption of the Transportation and Roadway Infrastructure Program ("TRIP") development impact fee, which is an update to the existing Western Transportation Development Impact Fee and Eastern Transportation Development Impact Fee. B. Detailed Description: Task G – TRIP Adoption Support Subtask G.1 Meetings and Coordination: Consultant shall facilitate weekly coordination meetings with City technical staff (up to 30 meetings that are between 30 and 60 minutes in duration) plus up to 10 presentations to City management and/or development community stakeholders (1.5 hours of meeting time and 4 hours of preparation time per meeting). Page 51 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 Subtask G.2 Nexus Study Updates: Consultant shall incorporate various revisions, edits and updates to the August draft TRIP nexus study to address comments received from development community stakeholders, Mitigation Fee Act legal counsel, and City reviewers. These updates are anticipated to consist of the following:  Revisiting the infrastructure projects included in the TRIP by removing some or changing the TRIP contribution allocation  Updating the VMT/Capita and VMT/Employee calculation procedures.  Revising the procedure for residential scaling.  Adding additional detail to respond to comments from Mitigation Fee Act legal counsel review. Consultant shall respond to three rounds of City review on the draft Nexus Study. Subtask G.3 City Council Meetings: Consultant shall participate in two City Council meetings to consider adoption of TRIP development impact fee updates. Subtask G.4 Project Management: Consultant shall provide general support to track completion of necessary tasks and milestones and will provide review comments on draft resolutions, ordinances, and staff reports. Subtask G.5 Public Outreach (Optional): Subject to authorization by City personnel, Consultant shall participate in up to two public outreach meeting, including the preparation of presentation materials (PowerPoint slides and poster boards). Subtask G.6 Fee Calculator Tool: Consultant shall develop a fee calculation spreadsheet tool that will automate calculation of TRIP fees for projects based on Vehicle Miles Traveled. Consultant shall provide a user manual for City use and train City personnel on how to implement updates following completion of travel demand model updates. The Fee Calculator Tool shall provide a placeholder to support future adoption of TRIP fees in the Bayfront benefit area. Subtask G.7 Contingency (Optional): Subject to authorization by City personnel, Consultant shall provide up to 60 hours of support services that are in addition to those in the above subtasks. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin March 19, 2024 and end on November 29, 2024 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below: Page 52 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 B. Reimbursement of Costs ☒ None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through November 29, 2024 shall not exceed $112,500. 5. Special Provisions: Page 53 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 ☐ Permitted Sub-Consultants: None ☐ Security for Performance: None ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional one-year terms or Enter Specific Date Range for Terms (i.e., “January 1, 2027 through December 31, 2027 and January 1, 2028 through December 31, 2028”). The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to Insert Percentage of Increase or Actual Dollar Amount for each extension. The City shall give written notice to Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. ☒ Other: Consultant shall not provide any services related to optional tasks G.5 or G.7 without prior written authorization from the City. ☐ None Page 54 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒ General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒ Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒ Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement ☒ Professional Liability (Errors & Omissions) $1,000,000 each occurrence $2,000,000 aggregate Other Negotiated Insurance Terms: NONE Page 55 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.4 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED5 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Scott Barker 2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040. 4 Cal. Gov. Code §§53234, et seq. 5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decis ion; “individual” does not include corporation or limited liability company). Page 56 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 17 City of Chula Vista Agreement No.: 2024-012 Consultant Name: Fehr & Peers Rev. 01/23/2024 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer6 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract . The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☒ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below:  Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc  Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 6 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 57 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Waiver of Development Impact Fees: Approve a Waiver of Parkland Acquisition and Development Fees for a 57-Unit, 100 Percent Affordable Senior Housing Project Located at 178 Third Avenue Report Number: 24-0076 Location: 178 Third Avenue Departments: Development Services & Housing and Homeless Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution to waive Parkland Acquisition Fees and Development Fees, totaling $625,414 for a proposed 57-unit, 100 percent affordable senior housing project at 178 Third Avenue. SUMMARY The project located at 178 Third Avenue, currently named “Chula Vista Seniors,” is a 57-unit, 100% affordable senior housing project (“Project”) being developed by Interfaith Development Corporation (“Developer”). Pursuant to the Chula Vista Municipal Code (“CVMC”) Section 17.10.070 (B), the Developer has requested a waiver of the Parkland Acquisition and the Park Development Fees. The requested waiver totals $625,414 and can be used to enhance the Project’s feasibility to construct the 100% affordable senior housing project. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Page 58 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Project consists of a three-story building totaling 37,780 square feet, which will include 57 apartments restricted to persons aged 55 and over, one unrestricted manager’s unit (for a total of 58 units), a sun deck, outdoor garden and seating area, and associated parking. The Developer has entered into an Affordable Housing Density Bonus Agreement with the City and is agreeing to restrict the 57 units to seniors for a term of 55 years. Conditional Use Permit No. CUP17-0004 and Design Review Permit No. DR17-0007 were approved on August 22, 2018. Building Permit No. BR19-0183 was issued on May 30, 2023. The Project is currently under construction and expected to be completed in November 2024. Separately, the Developer is preparing to apply to the California Tax Credit Allocation Committee (“CTAC”) for Low Income Housing Tax Credits (“LIHTC”) in April 2024. Projects may apply for such credits even if they have already started construction. If awarded, the 57 residential units are currently planned to be restricted to the following income categories:  6 units restricted to extremely low-income households ($41,350)  11 units restricted to very low-income households ($68,900)  40 units restricted to low-income households ($110,250) The Area Median Income (“AMI”) for a family of four in San Diego County is $116,800. The City’s adopted Housing Element identified this property within our site inventory list to meet the City’s Regional Housing Needs Assessment (“RHNA”). The Housing Element identified this site as having capacity for 27 units for lower income households (combination of extremely low, very low and low-income households), 9 units for moderate income households and 9 units for above moderate households. The current project exceeds these planned targets, with 40 units for low income households, 11 units for very low income households, 6 units for extremely low income households, and one above-moderate manager’s unit. The City’s housing inventory will be updated accordingly. The proposed fee waiver authorized by this resolution will increase the likelihood that the Project is able to secure LIHTC which are highly competitive. Fee waivers lower the Project cost and are counted as a local contribution to the Project, both of which help improve the Project’s “tiebreaker” score. Projects compete on a point scoring basis for LIHTC funding. Since most projects receive the maximum point score, a tiebreaker formula generally decides which projects are awarded tax credits. Parkland In-Lieu Fees The City requires all residential development projects over 50 units to dedicate parkland and construct parks or pay parkland in-lieu fees. The City assesses two park in-lieu fees: Parkland Acquisition Fee and Parkland Development Fee. The amount of each of these fees for the 58-unit Project would be $215,006 and $410,408 respectively, for a total of $625,414. CVMC Section 17.10.070 (B) allows for the waiver of all or any portion of such park improvements or in-lieu parkland fee requirements in the interest of stimulating the construction of housing for low- and moderate-income families, by resolution of the City Council. Page 59 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 Staff recommends that the Parkland Acquisition and In-Lieu Fees for the Project in the total amount of $625,414 be waived to facilitate the construction of much needed 100% affordable senior housing units in downtown Chula Vista. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The waiver of $625,414 in Parkland In-Lieu Fees would result in a one-time loss in Western Parkland Acquisition and Development Fee revenue funds which are used to acquire park land and construct parks in western Chula Vista. ONGOING FISCAL IMPACT There is no ongoing fiscal year impact to the Western Parkland Acquisition and Development Fee revenue funds as a result of this action. ATTACHMENTS None. Staff Contact: Kimberly Elliott, Facilities Financing Manager, Development Services Brian Warwick, Housing Manager, Housing & Homeless Services Laura C. Black, AICP, Director of Development Services Stacey Kurz, Director of Housing & Homeless Services Page 60 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING PARKLAND IN-LIEU FEES FOR A 100 PERCENT AFFORDABLE SENIOR HOUSING PROJECT LOCATED AT 178 THIRD AVENUE KNOWN AS CHULA VISTA SENIORS WHEREAS, the high cost of constructing affordable housing is a challenge for developers, lenders, and investors; and WHEREAS, the City of Chula Vista needs affordable housing units and currently does not have many affordable housing units strictly available for seniors (55 years and older); and WHEREAS, Interfaith Development Corporation is developing 57 affordable senior housing units and one manager unit at 178 Third Avenue (“Project”), but needs a waiver of certain City development fees and taxes to enhance Project feasibility; and WHEREAS, the Project will result in a public benefit by providing new housing and on- site amenities for seniors that will be 100% deed-restricted for seniors age 55 and older for a term of 55 years, where all units will be rented to seniors with low, very low, and extremely low incomes, with a preliminary plan consisting of 40 dwelling units restricted to low income households, 11 units restricted to very low income households or persons, and 6 units restricted to extremely low income households or persons; and WHEREAS, the Chula Vista Municipal Code (“CVMC”) Section 17.10.070(B) provides for the waiver, by resolution of the City Council, of all or any portion of parks improvements, or in-lieu fee requirements for parks, in the interest of stimulating the construction of much needed housing for low- and moderate-income families or persons; and WHEREAS, senior housing developments, such as the Project, are not typically heavy users of parks and other infrastructure constructed with City required in-lieu park fees; and WHEREAS, the waiver of the Parkland Acquisition Fee in the amount of $215,006 and Parkland Development Fee in the amount of $410,408, for a total of $625,414, provides much needed financial assistance to the Project to facilitate the construction of 57-units of 100% affordable senior housing units in downtown Chula Vista; and WHEREAS, City staff recommends approval of the requested waivers of the Parkland Acquisition Fee and Parkland Development Fee for the Project; and WHEREAS, the City Clerk set the time and place for consideration before the City Council for the requested fee waivers for the Project, and notice of the consideration of the request, together with its purpose, was properly provided consistent with State law and City Codes; and Page 61 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Resolution No. Page 2 WHEREAS, the Chula Vista City Council has reviewed and considered all materials for the requested in-lieu parkland fee waiver for the Project; and WHEREAS, the matter was considered at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the Chula Vista City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the waiver of the Parkland Acquisition Fee in the amount of $215,006 and Parkland Development Fee in the amount of $410,408, for a total fee waiver of $625,414, for the Project to facilitate the construction of needed affordable senior housing units in downtown Chula Vista. Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 62 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 03 P a g e | 1 April 9, 2024 ITEM TITLE Agreement: Approve an Agreement for the Continuation of the Work for Hope Program with McAlister Institute for Treatment and Education, Inc. Report Number: 24-0114 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action Adopt a resolution pursuant to Chula Vista Municipal Code Section 2.56.070(B)(4) single/sole source, approving an agreement with McAlister Institute for the continuation and expansion of the Work for Hope program. SUMMARY Since 2020, the City has contracted with McAlister Institute for Treatment and Education, Inc. to provide transitional employment training for homeless individuals through the Work for Hope program. This item approves a contract with McAlister Institute for the continuation of the program through June 30, 2024. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption Page 63 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In 2020, the City received an allocation of Coronavirus Aid Relief and Economic Security Act (CARES) funds for communities to implement a variety of programs to address issues related to the onset of the COVID-19 pandemic. The intent of the funding stream was to provide fast and direct economic assistance for workers, families, small businesses, and industries. In May of 2020, the City adopted the CARES Action Plan, a comprehensive strategic plan that identified and provided funding for the highest needs in the community including access to housing programs and projects, food banks, health services, job training/reentry programs and services to the unsheltered population. One of the most evident effects from the pandemic was the substantial increase in the number of unsheltered resulting from a myriad of contributing factors including: loss of employment, income, family instability, increased mental health issues, substance abuse, and addiction. With the increased funding opportunity to focus on programs addressing these specific needs, the City seized the opportunity to capitalize on an existing City initiative - Operation Pride. With limited resources, the Operation Pride initiative was initially created in 2015 to provide job opportunities to those previously homeless overcoming dependency issues. With the added 2020 CARES funding, the program expanded, under the program name Work for Hope, to provide enhanced services such as vocational rehabilitation training, life skills instructions, transportation, job readiness, and links to stable housing resources. Since its initial funding, the program demonstrated that it continues to serve as a catalyst for our unsheltered who can work, providing them with immediate transitional employment and training, while providing the community with vital services through the removal of over one million pounds in trash and debris throughout Chula Vista’s public spaces and beautification of a dozen community parks. The significant rise in need for these services resulted in staff’s determination that an increase in funding is necessary to continue the success of this program. In addition, opportunities for job training have been expanded beyond our public right of way and into the City’s Animal Care Facility where unsheltered are assisting with daily maintenance of the facility and upkeep of animals as they await adoption. Due to their unique ability to provide the job training and wrap around services staff is requesting a waiver of the competitive bidding requirements under Chula Vista Municipal Code Section 2.56.070(B)(4) as a sole source provider and proposing to enter a contract with McAlister Institute for Treatment and Education, Inc. (“McAlister”) for $70,000 through June 30, 2024, using available Housing funds earmarked for homeless services and activities. 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 Page 64 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current year fiscal impact to the City's General Fund as all costs associated with the program are covered by previously appropriated Housing funds, earmarked for Homeless activities. Approval of this item approves an Agreement totaling $70,000, for the Continuation of the Work for Hope Program with McAlister Institute for Treatment and Education, Inc. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as this contract would end June 30, 2024. Staff will review the budget annually to determine if funding has been secured to continue the program. ATTACHMENTS 1. McAlister Agreement No. 2024-052 Staff Contact: Angelica Davis, Homeless Solutions Manager Stacey Kurz, Director of Housing and Homeless Services Department Page 65 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING COMPETITIVE BIDDING REQUIREMENTS PURSUANT TO CHULA VISTA MUNICIPAL CODE SECTION 2.56.070(B)(4) AND APPROVING AN AGREEMENT WITH MCALISTER INSTITUTE FOR TREATMENT AND EDUCATION, INC. FOR THE WORK FOR HOPE PROGRAM WHEREAS, in 2020, the City received an allocation of Coronavirus Aid Relief and Economic Security Act (CARES) funds for communities to implement a variety of programs to address issues related to the onset of the COVID-19 pandemic. The intent of the funding stream was to provide fast and direct economic assistance for workers, families, small businesses, and industries; and WHEREAS, the City adopted the CARES Action Plan, a comprehensive strategic plan that identified and provided funding for the highest needs in the community, particularly access to housing and job training/reentry programs for the unsheltered population; and WHEREAS, the City entered into an agreement with the McAlister Institute for Treatment and Education, Inc. (“McAlister” or the “Contractor”) to fund the Work for Hope Program, providing enhanced services such as vocational rehabilitation training, life skills instructions, transportation, job readiness and links to stable housing resources; and WHEREAS, the program has demonstrated that it continues to serve as a catalyst for our unsheltered who are able to work, providing them with immediate transitional employment and training while providing the community with vital services; and WHEREAS, an additional $70,000 in additional funding is necessary to continue the program for an additional three months, and is available in previously appropriated Housing funds earmarked for homeless activities; and WHEREAS, in order to procure these services Contractor/Service Provider was chosen based on Contractor’s unique qualifications, including previous work performed with the City, successful track record of employment training and improvement of participants skills (including for homeless individuals), have been screened through the competitive engagement process of applying for federal block grant funding; on this basis, Contractor/Service Provider was awarded the contract on a single/sole source basis under the authority of the Chula Vista Municipal Code Section 2.56.070(B)(4) for contracts approved by City Council. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that it, based upon the above findings, that it hereby waives the competitive bid requirements set forth in CVMC section 2.56.070(B)(4) and approves the Contractor/Service Provider Services Agreement between the City and the McAlister Institute for Treatment and Page 66 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Education, Inc., in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 67 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC TO PROVIDE TRANSITIONAL EMPLOYMENT AND TRAINING FOR HOMELESS INDIVIDUALS This Agreement is entered into effective as of April 1, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC, (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, McAlister Institute for Treatment & Education, Inc. (“McAlister”) operates a program which provides employment opportunities and valuable training for homeless and previously homeless individuals; and WHEREAS, since 2020 the City has contracted with Contractor to provide opportunities for homeless individuals to receive paid job training; and WHEREAS, Contractor will provide beautification services of public spaces including cleaning, prepping, and painting of Parks and Recreation Facilities and maintenance services at the Animal Care Facility; and WHEREAS, in order to procure these services Contractor/Service Provider was chosen based on Contractor’s unique qualifications, including previous work performed with the City, successful track record of employment training and improvement of participants skills (including for homeless individuals), have been screened through the competitive engagement process of applying for federal block grant funding; on this basis, Contractor/Service Provider was awarded the contract on a single/sole source basis under the authority of the Chula Vista Municipal Code Section 2.56.070(B)(4) for contracts approved by City Council.; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page 68 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 OBLIGATORY PROVISIONS NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider agrees to perform the services, and deliver to City the “Deliverables” (if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the “Required Services.” 1.2 Reductions in Scope of Work. City may independently, or upon request from Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, City may request Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services” shall also become “Required Services” for purposes of this Agreement. 1.4 Standard of Care. Contractor/Service Provider expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Contractor/Service Provider of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Contractor/Service Provider shall comply with any and all applicable federal, state and local laws, including the Chula Vista Municipal Code. Page 69 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 1.8 Business License. Prior to commencement of work, Contractor/Service Provider shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’s responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Contractor/Service Provider in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Contractor/Service Provider agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider for the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the holdback amount will be issued to Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. Page 70 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider must procure and maintain, during the period of performance of Required Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Contractor/Service Provider must include all sub-Contractor/Service Providers/sub- contractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-Contractor/Service Providers must also comply with the terms of this Agreement. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Contractor/Service Provider’s insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be “Primary.” Contractor/Service Provider’s general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is Page 71 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 wholly separate from the insurance provided by Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider waives any right it may have or may obtain to subrogation for a claim against City. 3.9 Verification of Coverage. Prior to commencement of any work, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives” or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a “Retro Date” prior to the effective date of this Agreement, the Contractor/Service Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. Page 72 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully protect, defend, reimburse, indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Contractor/Service Provider, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Contractor/Service Provider, its employees, agents or officers, or any third party. 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, and with counsel approved in writing by City, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Contractor/Service Provider shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’s obligations under this Section 4 shall not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent declaration by the Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700). In order to assure compliance with these requirements, Contractor/Service Page 73 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 Provider shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures; Prohibited Interests. Independent of whether Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Contractor/Service Provider warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, the proceeds hereof, or in the business of Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider shall violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. Page 74 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Contractor/Service Provider hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. Contractor/Service Provider hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make Page 75 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub-contractors/sub-Contractor/Service Providers. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider Page 76 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Page 77 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC BY:________________________________ JEANNE MCALISTER FOUNDER AND CEO CITY OF CHULA VISTA BY: ________________________________ JOHN MCCANN MAYOR ATTEST: BY:________________________________ APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Kerry K. Bigelow, MMC City Clerk Page 78 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1.Contact People for Contract Administration and Legal Notice A.City Contract Administration: Angelica Davis, Homeless Solutions Manager 276 4th Avenue, Bldg. C, Chula Vista, CA 91910 619-691-5036 adavis@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@chulavistaca.gov B.Contractor/Service Provider Contract Administration: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Marisa Varond 1400 North Johnson Avenue, Suite 101, El Cajon, CA 92020 Marisa.Varond@mcalisterinc.org For Legal Notice Copy to: Jeanne McAlister 1400 North Johnson Avenue, Suite 101, El Cajon, CA 92020 Jeanne@mcalisterinc.org 2.Required Services A.General Description: Contractor will provide job training and reentry opportunities. B.Detailed Description: Contractor will provide job training and reentry opportunities to up to 6 people in public spaces including the Chula Vista Animal Care Facility. The Work for Hope program fills gaps in self-sufficiency and promotes long- term recovery by giving individuals who are experiencing homelessness with 12 hours of paid work training and experience weekly, with stipends covered by this contract. Salary expenses will be compensated related to case management and referral services are provided to link participants to permanent employment and housing, along with pertinent training, including painting techniques for painting indoor and outdoor spaces, as well as cleaning methods. 3.Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin April 1, 2024 and end on June 30, 2024 for completion of all Required Services. Page 79 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 4.Compensation: A.Form of Compensation ☒Single Fixed Fee. For performance of all of the Required Services by Contractor/Service Provider as herein required, City shall pay a single fixed fee of $70,000, upon completion of all Required Services to City’s satisfaction. B.Reimbursement of Costs ☒None, the compensation includes all costs Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through June 30, 2024 shall not exceed $70,000. 5.Special Provisions: ☐Permitted Sub-Contractor/Service Providers: None ☐Security for Performance: Not Applicable ☐Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for additional terms, defined as a one-year increment or . The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each extension shall be on the same terms and conditions contained herein, provided that the amounts specified in Section 4 above may be increased by up to for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. Page 80 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form ☒General Liability: Including products and completed operations, personal and advertising injury $2,000,000 per occurrence for bodily injury, personal injury (including death), and property damage. If Commercial General Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement or Blanket AI Endorsement for City* Waiver of Recovery Endorsement Insurance Services Office Form CG 00 01 *Must be primary and must not exclude Products/Completed Operations ☒Automobile Liability $1,000,000 per accident for bodily injury, including death, and property damage Insurance Services Office Form CA 00 01 Code 1-Any Auto Code 8-Hired Code 9-Non Owned ☒Workers’ Compensation Employer’s Liability $1,000,000 each accident $1,000,000 disease policy limit $1,000,000 disease each employee Waiver of Recovery Endorsement Other Negotiated Insurance Terms: NONE Page 81 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act1 and the Chula Vista Conflict of Interest Code2 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure. ☐B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐A. Full Disclosure ☐B. Limited Disclosure (select one or more of the categories under which the Contractor shall file): ☐1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☒C. Excluded from Disclosure 1. Required FilersEach individual who will be performing services for the City pursuant to the Agreement and who meets the definitionof “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing DeadlinesEach initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's onlinefiling system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be requiredannually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing DesignationThe City Department Director will designate each individual who will be providing services to the City pursuant to theAgreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services theContractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, theContractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements. Ifyou have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041,or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Angelica Davis, Homeless Solutions Manager 1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234, et seq. 4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company). Page 82 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2024-052 Service Provider Name: MCALISTER INSTITUTE FOR TREATMENT & EDUCATION, INC Rev. 1/23/2024 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☐B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below: •Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council •City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us •Planning Commissioners – www.chulavistaca.gov/pc •Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 X X X Page 83 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Written Communications Public Comments – Robert Received 4/2/2024 From: Robert < Sent: Friday, March 29, 2024 6:14 PM To: John McCann <jmccann@chulavistaca.gov>; Jose Preciado <jpreciado@chulavistaca.gov>; CityAttorney <CityAttorney@chulavistaca.gov>; CityClerk <CityClerk@chulavistaca.gov> Subject: public comment / AUDIT. 3.28.24 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 PRINT AND SHOW ON NEXT AGENDA https://x.com/619CVLD/status/1773878953268355191?s=20 there is a video too. enjoy the show. Page 84 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Joseph A Raso Honorable Mayor and City Council Members, 04/09/24 I am appearing before you tonight with a deep sense of urgency and disappointment. Despite my best efforts, I have been unable to impress upon you the critical nature of the situation facing our community. In my 75 years of life, I never imagined witnessing a City Council that would, through inaction, cause immense financial harm to a significant portion of our homeless and vulnerable rental population. The delay in addressing the glaring flaws within the "Tenant Protection Ordinance" has had devastating consequences for our residents. As you are well aware: - Chula Vista is home to 119,268 vulnerable renters. - Our community grapples with an escalating homeless crisis. - The average monthly rent of $3,047.00 is unattainable for many residents. - The flawed ordinance compels landlords to continually raise rents due to the threat of hefty fines ranging from $2,500.00 to $5,000.00 for minor clerical errors made by tenants. It perplexes me why there is difficulty in instructing staff to verify the accuracy of presented facts. A brief review of past Council statements indicates unanimous reservations regarding certain clauses of the TPO. Council Member Jill Gavez's Page of 1 5 Written Communication s - Public Comments Raso - Received 4/5/2024 Page 85 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda foresight was evident as she voted against the Ordinance, foreseeing the financial turmoil it would unleash upon our community. The measure was passed with the expectation that this Council would rectify its flawed clauses. The time for that rectification is long overdue. Let us not forget that it is not only the actual fines but also the looming threat of fines that drive rent increases. This issue can be mitigated swiftly by introducing a simple clause to the "Tenant Protection Ordinance": "Notice to cure must precede the issuance of an administrative citation or civil penalty.” Importantly, state law does not prohibit the issuance of warnings for non-compliance. A warning system would prompt the vast majority of well-intentioned tenants and landlords to rectify issues promptly, while identifying and penalizing any bad actors more efficiently. The primary objective of the "Tenant Protection Ordinance" should be to protect tenants, not inadvertently cause rent hikes due to Council inaction. I implore you to fulfill your duties promptly. Please instruct staff without delay to rectify this injustice and provide relief to the least fortunate members of our community. Thank you for your immediate attention to this matter. Respectfully, Joseph A Raso Page of 2 5 Page 86 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda PS: Staff Supplied Supporting Data: A) Areas where we all can agree: 1)Threatening Landlords and Tenants who have made inadvertent mistakes with $5,000.00 daily ﬁnes is causing the most harm to tenants. Clause 9.65.080C2: “Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. When a violation occurs it is not required that a warning or notice to cure must ﬁrst be given before an administrative citation or civil penalty may be issued.” and clause 9.65.060E: Reporting Requirements. Owners and Tenants shall provide City with information regarding termination of Tenancies at such time(s) and with such details as shall be required by City in the attendant Administrative Regulations. Translation: Tenant makes a mistake, Landlord gets a $5,000.00 daily ﬁne. 2)Landlords of the *36,033 rental units (*Staff supplied data) must raise rents in order impound funds to pay the potential ﬁnes of those who have made inadvertent errors. B) The City Council is probably unaware that City Staff is not required receive Council’s direction when modifying The TPO’s Administrative Regulations: City Staff is authorized to change rules at will regarding the enforcement of the “Tenant Protection Ordinance” without consulting The City Council. Most tenants who voluntarily move away may be unaware they may required to complete forms informing city staff the details of a relocation. See Clause 9.65.060E above. Such an absent of action a tenant’s part forces landlords to substantially raise rents in preparation of potential $5,000.00 daily ﬁnes to follow. Page of 3 5 Page 87 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda C) City Council was warned a year ago the Tenant Protection Ordinance would cause a massive increase in homelessness. Although there are many causes for homelessness in our community, most can agree, high rents is a huge contributing factor. I can state unequivocally The Tenant Protection Ordinance is what is forcing this Landlord to raise rents. D) Conclusions Drawn From City Staff Supplied Data: 1) Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau QuickFacts) 2) Average number of individuals in each household: 3.31 (Chula Vista - U.S. Census Bureau QuickFacts) 3) Percentage Chula Vista housing which are rentals. 42% (Data compiled by City Staff ) 4) Number of Chula Vista Rental Units: 36,033 (Population of Chula Vista (283,072) divided by the average number of people residing in each Residence (3.31) equals 85,792 multiplied the percentage of residences which are rentals (42%) equals the approximate number of Chula Vista rental units. (36,033) 5) Approximate number of Chula Vista renters: 119,268 (CV Population 283,972 x .42% = 119,268) 6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See attached CV Staff provided “Relocation Assistance” Pic below - Average of Line 2nd from bottom) 7) With no right to cure, amount of daily fine levied if Landlord or Tenant inadvertently makes a paperwork error when Tenant terminates lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65.080 C2 of “Residential Landlord and Tenant Ordinance” ) Page of 4 5 Page 88 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x 10%. California AB-1482 5% plus inﬂation Max 10%) 9) Average number of months required for Landlord to impound a 1 day fine: 16.41 ($5000.00 divided by $304.70) 10) $10,979,255.00: The approximate total monthly maximum rent increase levied on Chula Vista Renters if Landlords are forced to impound funds to the pay daily fines: (36,033 Rental Units multiplied by the 10% max allowed rent adjustment $304.70 = $10,979,255.00 ) 11) 596 New Homeless: Approximate number of Homeless created if one half of one percent of Chula Vista renters are forced out of their homes by the rent increases caused by the Tenant Protection Ordinance: (CV Population 283,972 x 42% = 119,268 x .5% = 596) Page of 5 5 Page 89 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda From: john acosta Sent: Tuesday, April 9, 2024 11:51 AM Written Communications - Public Comments Acosta - Received 4/9/2024 To: CityClerk <CityClerk@chulavistaca.gov>; Mayor John Mccann, Chula Vista <mayorjohnmccann@gmail.com>; SD County DA Summer Stephen District Attorney Cc: Marielena Castellanos-KPBS ----------- laura acevedo >; News La Prensa San Diego News NBC Telemundo CW KGET Bakersfield< ; john acosta Subject: Public Comments Aprill 9th 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.goy Greeting Chula Vista Clerk Kindly forwarded email to Chula Vista Mayor all council members New City Attorney New Council member District Attorney and make it available for the public to see and make it a permanent Chula Vista document mailto:mayorjohnmccann @gmail.commailto:SanDiegoDA @sdcda.org mailto:jdacosta98@ho tmail.com mailto:CityClerk@chula vistaca.gov mailto:jdacosta98@ho tmail.com mailto:laura.acevedo@1 0news.com mailto:Cameron.celeste @sdcda.orgmailto:mcastellanos @kpbs.org mailto:reportphishing@chulavista ca.gov mailto:17News@ kget.com mailto:jpagan@ cbs8.com mailto:news@lapre nsasd.com mailto:Ryan.Hill@10 News.com Page 90 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Acting Attorney I believe that you should not accept a proclamation that the council will be presenting to you. An Honor you did not earn. Not sure whose idea it is to honor you for something you did not do. Your duty was to protect CHULA VISTA, you it seem to me that your interest and focus was to protect the council No matter how unethical the council activities were, or how obvious conflict of interest was for an honest nonpolitician Chula Vista Resident like me. During council meetings I asked you to close the campaign contribution LOOPHOLE that Chula Vista Politician have used to benefit their campaign. One more time I will ask you DID YOU CLOSE THE LOOPHOLE?” YOU DID NOT DO IT! You were too busy spending costly time at Chula Vista Taxpayers money focusing on shopping cart or method how to silence the community. that reason, I believe that you DON’T deserve a PROCAMATION. And if you accept it you should be embarrassed to receive something that you do not earn This proclamation comes from those you protected not from the CHULA VISTA RESIDENTS As I said before your legacy will “the attorney who protected CHULA COUNCIL” and NOT CHULA VISTA residents I will not thank you for something you did not do. A genuine concern. Chula Vista resident John Acosta Page 91 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Former deputy city manager sues city of Chula Vista over $199K in unpaid severance. Eric Crockett claims the city withheld the money when he refused to sign a separation agreement. BY TAMMY MURGAREPORTER MARCH 29, 2024 11:31 AM PT CHULA VISTA — Eric Crockett, a former deputy city manager and director of economic development for Chula Vista, is suing the city, alleging the municipality owes him thousands of dollars in unpaid severance after he was fired in December. According to the 26-page complaint filed last week in San Diego Superior Court, Crockett’s employment with the city ended on Dec. 5 during a meeting with City Manager Maria Kachadoorian and Assistant City Attorney Megan McClurg. Kachadoorian allegedly told him that he was being fired because “he was not a good ‘fit’(without cause and for the convenience of the City)” and that he would be paid $198,762 in severance pay, the complaint said. Crockett’s attorney, Michael Campbell, declined to comment. The city also declined. Crockett said the severance pay was required by his contract, so he refused to sign the agreement and told the city any attempt to link the two was “illegal and unethical.” Additionally, Crockett says he was discriminated against based on his gender. The complaint said Kachadoorian had carried out other terminations and that Crockett “was yet another male executive employee terminated by the City.” The city manager’s office is composed of Kachadoorian, Assistant City Manager Tiffany Allen and Deputy City Manager Courtney Chase, both of whom Kachadoorian appointed. Crockett worked for the city for 20 years, starting as an assistant director of redevelopment. He was promoted to director of economic development in 2015. In April 2020, he also earned the title of deputy city manager and was tasked that month with developing plans to safely reopen businesses and find Internet solutions for students doing remote learning during the COVID-19 pandemic.Page 92 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 93 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 94 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 95 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 96 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 97 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 98 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Written Communications – Public Comments Acosta – Received 4/9/2024 From: john acosta < Sent: Tuesday, April 9, 2024 11:59 AM To: CityClerk <CityClerk@chulavistaca.gov>; Mayor John McCann, Chula Vista mayorjohnmccann@gmail.com>; Marielena Castellanos-KPBS <News NBC 7 San Diego <Marielena Castellanos- KPBS <News San Diego News Desk <SD County DA Summer Stephen District Attorney < Subject: public Comments 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 kindly forward this attachment to all council members and make it part of the permeant file mailto:mayorjohnmccann @gmail.com mailto:jdacosta98@ho tmail.com mailto:CityClerk@chula vistaca.gov mailto:mcastellanos @kpbs.org mailto:limsandiegonewstips@ nbcuni.com mailto:reportphishing@chulavista ca.gov mailto:Cameron.celeste @sdcda.org mailto:SanDiegoDA @sdcda.org mailto:mcastellanos @kpbs.org mailto:news@sandiegone wsdesk.com Page 99 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 100 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda oe ¢ Ne ca t ee e : « fi l l y Pe . & “L S H . Bh ia oe eh , a <e o e te Page 101 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda O A N D U B W N W W W W W W W W W N N N N N N N N N N R P B P E E H E E E E O N D U N U B W N P F P O U A D A N A H A U B W N P R O U R D Y U N A U B W N H R O O Written Communications item # (9 _Name,\dhyn Kal) DOCUMENTED NOISE & MAYHEM AT CHULA VISTA BAYFRONT PARK As of Friday, March 29, 2024 Compiled by John Kalpus, a tenant at the Safe Harbor Marina; Friday evening, March 29, 2024, “9PM; for about the past 30 minutes there has been a constant low-frequency booming coming from Bayfront Park, probably a car; noise greatly escalated around 10:00 when lots of very loud POP, POP, POP noises were heard. | originally thought it was gunfire, but when | emerged from my boat it was clear these were car RACING around the parking lot producing lots of engine backfires and burning rubber pollution! There were ~30-40 cars participating, maybe more. | called CVPD and asked them to immediately send patrols over to stop the mayhem and catch the culprits. A few moments into my call, the dispatcher put me on hold for more than 5 minutes. | eventually hung up and started to video the craziness. By that time the cars were starting to make their way out of the park, racing along the exit road and producing lost more mayhem, backfires and smoke from burning rubber. Monday evening, March 25, 2025, ~11:30PM - some car doing “donuts” around the parking lot for about 30 minutes. Saturday morning, March 16, 2024, 11:30. The car clubs once again showed up at Bayfront Park and started erecting their pop-ups. Around noon, with about 50+ people in attendance and dozens of cars, the music once again started. This time not so loud. Also, the car with a police siren arrived around 1:40PM. This particular car is one of several with side-mounted police sirens which they use to announce their arrival and departure from the “park”. Monday morning, early, March 11, 2024: screeching tires at 01:30; more screeching tires at 0330 Saturday evening, March 9, 2024: car club noise started at 5:30PM. | called CVPD at 10:30PM and they allegedly sent out a patrol. | used ear plugs to get to sleep. | awoke around 12:30 and the noise had stopped. Saturday morning, March 2, 2014 10:00; the start of another group of car clubs setting up ~ 10 pop-ups; loud, amplified music; 100+ people parking everywhere; party continued until almost 6:00PM, sundown. Then the usual revving engines, loud exhausts of cars racing out of the park. Thursday evening, February 29, 2024, ~ 11:00 - 11:30PM, loud screeching tires in the Bayfront Park parking lot; booming music for 30 min. Sunday morning, early, Feb 4, 2024, 02:27: loud screeching tires from Bayfront Park; noise lasted ~ 20 minutes; no call. Page 102 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 39 40 41 42 43 AA 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Friday, February 2, 2024 01:27AM; loud screeching tires from Bayfront Park; noise lasted ~ 20 minutes; no call. Friday, January 26, 2024 10:12PM; called CVPD after EXTREMELY loud music and bass thumping coming from Bayfront Park. Thumping started several hours ago and became hugely amplified after 10PM. Sunday, November 19, 2023 12:00 VERY loud amplified music and more than 100 “classic” cars in the parking lot. | left the marina and returned around 2PM and found 2 groups of people both with amplified music pumping out music; now there are several hundred cars parked everywhere, including the fire zones. Called CVPD. Saturday, November 18, 2023 Very loud amplified noise started around 4:30PM, then continues until after 6PM. Sunday, November 5, 2023 Some sort of birthday party with popups, balloons, amplified music, and assorted traffic; starting before noon for several hours. Saturday, November 4, 2023 Amplified music coming from Bayfront Park; car clubs; pop-ups; started at 0800. Called CVPD at 10:14 and the dispatcher said she would send someone out. CVPD texted me at 6:30PM and said they had taken care of the problem, albeit more than 8 hours after | called! Saturday, October 28, 2023 Amplified music coming from Bayfront Park (lots of pop-ups). | returned from shopping at 3:30 to the noise. At 5:02PM still going on. Saturday, September 30, 2023 Amplified music coming from Bayfront Park (NOT the car people) starting at noon. | returned home at 6:30PM and it’s STILL going on. Grrrrr. Saturday, May 22, 2021; Noonish; about 2 dozen or more people are now in the park with amplified music blasting out; lots of car noise, etc. It’s now 4:14PM and no sign of the noise abating. All we can really head at the marina is the thump, thump, thump of the bass. VERY annoying! Friday, May 21, 2021; 10:30PM, about 2 dozen or more cars now squealing their tires around the parking lot in Bayfront Park. Amplified music coming from car radios, and people talking very loudly. Called CVPD. Page 103 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 i Ba Fal 112 113 114 115 116 117 118 Sunday, May 16, 2021; around 8:30AM the car clubs started erecting their pop-ups and the LOUD music started soon thereafter. Cars and trucks and motorcycles started amassing in the parking lot around 11:30AM and the noise was greatly amplified. There were well over 100+ cars, two DJs with amplifiers and generators; lots of personal car audios blasting out, especially loud bass woofers. Ugh. Called CVPD around 10:15AM to report loud noise. After about 30 minutes the music levels dropped noticeably. | left the around 11:30; when | returned several hours later the noise was MUCH LOUDER! | drove over to the site and EVERY parking spot was packed, all the red-painted fire lanes blocked with cars, and there were several pop-ups selling food. The noise didn’t stop until around 8:00PM. Sunday, April 25, 2021; once again the car clubs have taken over the grassy area just abeam the marina; loud music, screeching tires, etc. Saturday, April 24, 2021; again car clubs stated meeting at noon and the noise ensued; loud generators, amplified music, screeching tires; noise continued until well after 9:00PM! Sunday, April 18, 2021; car clubs stated meeting at noon and the noise ensued. Saturday, April 17, 2021; car clubs stated meeting at noon and the noise ensued. Sunday, April 11, 2021; car clubs stated meeting at noon and the noise ensued; neighbor Muzzy called CVPD around 4:30PM; noise didn’t stop until well after 8PM. Sunday, February 28, 2021, 7:51PM, loud, thumping noise STILL coming from Bayfront park; this has been going on since before NOON; called CVPD 7:52PM. Sunday, February 28, 2021, 5:16; like yesterday, car clubs started gathering in the park before noon; when | returned to the marina at 4:00PM, the party was still going on! Sunday morning, February 28, 2021; 2:30AM- 3:30AM!! Loud, thumping music coming from several cars in the park; also several loud exhausts can be heard from cars speeding into and out of the park. Saturday, February 27, 2021, 4:52PM; car groups have been partying in the park since 11:30AM! Called CVPD at 4:52PM; neighbor Scott Muzzy caller earlier. Sunday, February 21, 2021 7:05PM; 5-6 pop-ups along the grass; loud, amplified music and lots of thumping bass; finally called CVPD since this had been going on since noon! Thursday, February 18, 2021 2:56AM; one or two cars now doing donuts in the parking lot of Bayfront Park; woke me up and called CVPD. Page 104 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 119 = Sunday, January 24, 2021; approx. 5:01PM: hundreds of cars, yes, hundreds, and several 120 hundred people in the parking lot watching some event (| couldn’t get close to see what was 121 going on due to so many people!); cars everywhere, including a taco truck parked in the fire 122 lane on the south side; all lanes were jammed with no way anyone could launch or recover a 123 boat from the launch ramp; called CVPD 5:01. 124 125 Sunday, January 24, 2021; approx 8:26PM: called CVPD again due to crowd getting bigger and 126 louder. 127 128 Sunday, January 24, 2021; approx 8:46PM, called CVPD again; they finally arrived and cleared 129 out the park. 130 131 Sunday, January 24, 2021; approx 9:44PM. called CVPD again; after the PD left, an hour later 132 more cars came back. 133 134 Sunday, January 24, 2021; approx 12:00AM (midnight); several car now doing “donuts” in the 135 parking lot, then screaming out the road to the street. 136 137 Sunday, January 24, 2021; approx 8:30PM, approx 5-10 car doing donuts in the parking lot and 138 — then racing up and down the road leading to the launch ramp; called CVPD; three cars showed 139 up and cleared out the lot; 10 minutes after they departed, 10-15 other cars sped back into the 140 lot. 141 142 Sunday, January 24, 2021, 5:00PM; approx 200 cars and even MORE people having some sort of 143. ~—non-socially-distanced event at the launch ramp; so many car and people that we were unable 144 to actually drive to the launch ramp due to many car and taco-trucks parked in the red zones; 145 called CVPD. 146 147 ‘Friday, January 9, 2021 9:02PM Lots of the usual car noise in the park; Scott Muzzy calls the 148 CVPD. 149 150 Wednesday, December 30, 2020, 7:58PM, first call to DVPD about dozens of cars racing into 151 ~~ and out of the parking lot. 152 8:33PM, Called CVPD again due to increasing noise and cars. 153. 9:19PM, Called CVPD again and this time 5 cars responded and watched as the cars filed out of 154 the parking lot, and sped noisy down Marina Parkway. 155 156 —_—- Friday, December 26 (Christmas), 2020 “02:30 AM; more cars doing donuts in the J Street 157. launch ramp parking lot. 158 159 ~—~ Friday, December 25 (Christmas), 2020 ~9:30 PM; 160 Perhaps 10 or more cars racing loudly up and down the road leading into the J Street launch 161 ramp park; CVPD called. 162 Page 105 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Monday, December 21, 2020 7:51PM Several cars racing up and down the road leading into the J Street launch ramp; lots of noise. Saturday, Dec 5, 2020, ~2:07PM Several dozen lo-riders in the parking lot of the J Street Launch Ramp; doing donuts in the parking lot, burning rubber, making LOTS of noise; no one wearing masks, called CVPD. Sunday, November 29, 2020 ~ 2:00PM Hundreds of people gathered at the launch ramp park, NO mask-wearing; LOUD, THUMPING music; lo-riders parked everywhere, including the RED FIRE zones. CVPD called around 2:30PM. Tuesday, Nov 17, 2020 ~8:50PM Several cars racing up and down the road leading into the launch ramp area Monday morning, 0415AM Two cars doing “donuts” in the parking lot of the launch ramp area Sunday, November 15, 2020 9:30- 1045PM, several cars raving engines and racing up and down the road into the launch ramp area. Saturday, October 24, 2020, 8:30 pm Several cars doing “donuts “ in the launch ramp area now. Friday, Oct 23, 2020 9:31 Several cars now doing “donuts” speeding around the parking lot in the J Street launch ramp park. Ugh! Thursday evening, October 15, 2020, 8:50PM Several cars now speeding up and down the road into the park; squealing tires and burning rubber; Jeesh!!! Thursday evening, September 10, 10:32PM ... loud squealing tires in the parking lot at the launch ramp. Stopped after approx. 15 minutes. Tuesday evening, September 2, 2020, 10:05PM Someone has parked their car in the park and is playing loud music, with booming bass. Work me up and stayed awake for 40 minutes until the music stopped. Ugh. Thursday evening, 9:16PM, fireworks in the park?? Tuesday night, August 25, 2020, 10:35PM again, several cars are now squealing tires and doing donuts in the parking lots. LOTS of burning rubber, noise and mayhem! | call the CVPD department and lodged a complaint. Page 106 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 Saturday, August 22. 2020 3:00PM Hundreds of people congregating in the park, almost NO ONE wearing a mask, with 100+ cars blocking all the fire lanes; LOUD, booming DJ with 4 speakers pointed in all directions. Called the CVPD around 3:14PM complaining of noise and asserting to the blockage of all the fire lanes. It was almost impossible to drive into the park because of all the people milling around and cars zipping down the road leading to the park. Around 6PM the noise abated. Thursday evening, Aug 6, 2020, 9:15pm; several cars are now squealing tires and doing donuts in the parking lots. LOTS of burning rubber, noise and mayhem! I call the CVPD department and lodged a complaint. Wednesday evening, Aug 5, 2020; 7:30PM more than a 100 cars started assembling at the park next to the launch ramp. About 100+ plus cars started assembling in the park next to the launch ramp; squealing tires, burning rubber, make loud noises; | walked over to the park around 10:30PM and found 3 CVPD squad cars with light flashing. | talked with them for 20 minutes. Very disappointed at their lackadaisical response. They said they always closed the gate to the park at 10PM. This seemed unbelievable to me because there have been numerous times in the past few months when | have heard car squealing tires at 3am! Early Sunday morning, Aug 2, 2020 0300; several loud explosions (fireworks?) in the park. Saturday evening, July 26, 2020 ~ 6:15PM: several cars doing “donuts” in the parking lot; ‘round and ‘round and ‘round; also more loud, thumping music coming from a car. Saturday evening, July 25, 2020 7:30PM ... Loud, booming music coming from the southern end of the parking lot; can’t tell if it’s from a car or an external amp; seems way too loud to be coming from a car; seems to end around 8:54PM. Tuesday evening, July 21, 8:45PM multiple cars are now doing high-speed “donuts” in the parking lot next to the Harbor Police Station, the second time TODAY!! Tuesday evening, July 21, 5:17PM; multiple cars are now doing high-speed “donuts” in the parking lot next to the Harbor Police Station. Monday night, July 20, 2020 9:3PM; multiple fireworks and “pops” from the parking area overlooking the old power plant site; loud bass notes coming from the same area. Sunday, July 19, 2020 10:15PM - several (4) loud explosions (fireworks??), and squealing tires; called CVPD. Saturday, June 27, 2020 8:00PM, several cars racing around the parking lot, squealing tires, revving engines, etc. Lots of noise. Continuing noise and racing cars at 8:32. Called the CVOD at 8:32 PM. Page 107 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 ara 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 Saturday, June 27, 4:40PM, very loud (sub-woofer) bass booming coming from some car at the launch ramp area. It’s impossible to identify the source. Ugh. The noise finally stopped around 6:40PM. Wednesday, June 17, 2020 7:46PM, noise of multiple cars doing “donuts” in the parking area of the Marina Park. Saturday, June 13, 2020 13:38 Came back to Prudence after running errands and heard LOUD amplified music coming once again from the grassy area next to the launch ramp. | can see dozens and dozens of cars parked along the waterfront, and 6-8 pop-ups with groups of people milling around. | called the CVPD at 1:38 and lodged a complaint. The dispatcher who answered my call seemed somewhat confused and said she’d have to ask someone as to what could be done. This is in stark contrast to the many other times I’ve called and the dispatcher always said they’d send an officer out to check. It’s now 2:21 and they’re using the PA to scream something out to the assembled masses. Constant drumming of music in the background. Saturday, May 23, 2020 1600 loud noise from a radio, screeching tires from cars and loud revving engines once again from the J Street launch ramp. | drove over there and found ! 40+ vintage cars in the parking lot, dozens of people (none wearing masks). This went on until around 6:20 when I called the CVPD several times, letting the phone ring dozens of times for a dispatcher, all to no avail. No one answered any of my three calls. Now it’s 6:30 and the music is actually getting louder. Thursday, May 21, 2020, 9:040M Several cars are now doing “donuts” in the parking lot of the launch ramp on J Street! Lots of noise and the smell of burning rubber. Even though the park is officially “closed” except for boat launches, many cars have been observed entering the park and making lots of noise and disturbing the peace. Wednesday, April 22, 2020 Around 1600, a lone male set up a little disco on the back side of the Harbor Police building next to the launch ramp. He’s got his phone plugged into a “boom box” and is blasting out music towards the marina. Not only is the park supposed to be CLOSED due to Covid-19, but no one is supposed to be IN the park, let alone causing a disturbance. Called the CVPD and lodged a complaint. The dispatched said she’d send a car ASAP. Yikes, one of the only benefits of being sequestered at home is that the park is no longer a source of constant noise. Except for today. Saturday, March 7, 2020 12:00 (noon) Came back to CYM to the sounds of music once again blasting from the grassy area south of the Harbor Police Station at the J Street Launch Ramp. There are about 6 pop-ups and dozens of people milling around. There’s also a generator making its own noise. Called CVPD at 12:45 and the music stopped within 5 minutes for 20 minutes, then back on at 1:05PM. Grrrrr. Page 108 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 B19 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 Sunday, Feb 16, 2020 9:05PM At least 50+ cars speeding up and down the road to the J Street launch ramp. A number of them were doing donuts in the parking lot for 10+ minutes before | called CVPD. from the J Street launch ramp; screeching tires, racing up and down the entrance to the launch ramp; called CVPD at 9:05 to report the disturbance. Saturday evening, January 18, 2020 From about Noon to 5:30+ loud music and generator coming from the grassy area south of the launch ramp. It was a private party of ~30-4- people with pop-ups. There was a salsa band playing with amps powered by the noisy “Predator” generator. The genset was positioned on the back-side of the restroom building, directly facing the marina. Ugh. Called the CVPD around 3PM to lodge a disturbing the peace complaint. Sunday evening, January 12, 2020, around 4:30PM - another car was doing donuts in the parking lot of the launch ramp. Sunday morning, January 12, 2020, early, around 1:30AP - a LOUD car was speeding up and down the road leading to the launch ramp. Saturday, January 11, 2020 The car club once again set up their popups (~6) AND a LOUD generator. Announcements and LOUD music continued to well past 6PM. Found out my neighbor, Scott Muzzy, called CVPD around 6PM and they sent a police car to curb the noise. Sunday, November 17, 2019 12:00 noon - start of loud, thumping music from grassy area next to Harbor Police Station. Sunday, October 27, 2019, 9:30PM Several cars doing “donuts” in the launch-ramp parking lot; lots of noise and burning rubber smoke. Saturday, October 26, 2019, 9:30PM Several cars doing “donuts” in the launch-ramp parking lot; lots of noise and burning rubber smoke. Saturday, October 19, 2019, 10:00 — 9:09PM Loud, thumping noise from party at the Marina Park, just off of J Street. Sunday, October 13, 2019: 12:00 - 6:00 PM Pounding music from Marina Park, J Street Saturday, October 12, 2019: Noon - 7:30PM, loud, booming noise and lots of pop-ups from the grassy area, north Page 109 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda a9 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 3738 374 375 376 377 378 379 380 Sunday, September 29, 2019 2112: loud, thumping music coming from the launch ramp area. Saturday, September 28, 2019 1130 start - loud thumping music and amplified PS system from the grassy area. Sunday, September 22, 2019 Noon - Loud music from party on the grassy area. Booming BASS from music system. Still booming at 6PM; called CVPD Still booming at 7PM; called CVPD again Still booming at 8PM; called CVPD again.... finally stopped around 8:15PM! Saturday, September 21, 2019; 7:55PM Loud explosions (8) possibly firecrackers or gunshots. Called CVPD. Sunday, September 15, 2019 9:45 Many pop-ups in the usual area south of the Police Station; loud, thumping noise and PA system. Called CVPD 11:38; they said they’d dispatch an officer. Returned to CYM 1:30PM, noise louder than ever. The parking lot at the launch ramp is now overloaded with vintage cars and low-riders. cars parked along all the red curbs as well as cars parks on the actual launch ramp itself. Saturday, September 14, 2019 Party with multiple pop-ups on the grassy area north of the launch ramp. NO amplified music/PA so it was really had to know they were even there! Yeah! Thursday evening, September 12, 2019 9:30 PM Multiple cars (>10) squealing tires and doing “donuts” in the parking lot around the J Street launch ramp. Also, cars racing up and down the street leading to the launch ramp. Called CVPD 9:31PM. Sunday morning, Sept 8, 7:15... Once again about 6 "pop-ups" are being erected with loud generator sound, and lound thumping" noise from speakers ... Calls CVPD 7:30AM. Saturday, September 7, 2019 9:06 Perhaps 50+ cars are doing “donuts” in the parking lot of the launch ramp and spinning our and making lots of noise and burning rubber. Page 110 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 381 382 383 384 385 386 387 388 389 390 god 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 Saturday, August 31, 2019 ... Noise from amplified music system with ANNOUNCER starting at 0830, grassy area south of the Police Station next to the launch ramp. Saturday, August 24 ... Motorcycle event at park starting at 0830 and continuing all day. LOTS of loud motorcycle sounds. Friday, July 19, 2019 Loud, thumping music started around 1800 from a car in the park. Called CV Police around 10:30 about cars squealing tires and doing do-nuts by the launch ramp. Almost immediately a CV police car arrived and intercepted. Saturday, June 29, 2019... Music and loud PA started at 10:00 and continued well past 18:00. CV vintage car party. Very loud music and PA. | called CV Police around noon they said it was a permitted” party. Saturday, April 20, 2019 The car club called Life in San Diego set up about 10 pop-ups AND the music starts blaring at 7:30am. | called CVPD soon thereafter and the dispatcher said someone would be sent out. By 0900 the music had been turned waaay down. | drove over to the park and took a photo of the setup. | left the area around 11:30 and returned at 6:30PM and the whole area was now FULL of cars, including cars blocking the entire launch ramp. There was loud music STILL coming from the area. Sunday, April 21, 2019 Around 11:00AM more thumping music from the same area of the park. | left CV and when | returned 2 hours later, the noise had stopped. Sunday, April 28, 2019 11:00 Several “pop-up’s of undetermined origin, and loud, thumping music starts. I’m departing at 2:00 for the airport). Saturday, May 4, 2019 Loud, amplified music started at north end of park; several pop-up tents and PA announcements. 10 Page 111 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 AAA 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 Saturday, Aug 4, 2018 Car Club, popups, generator and lots of LOUD music starting at 0900. Called police around 0930 and they came out and the music was decreased a LOT; then around 11:00 it came back up. | called CVPD again and met two officers at the park and we talked about what to do. They said they could issue a Citizen’s Arrest, and then I’d have to go to court. They then suggested they talk to the people first. | agreed and the noise stayed bad all day until around 1830. Loud music, PA announcements, August 9, 2018 Angela Gaines, Community Relations from CVPD called to discuss noise problem. She suggests documenting each and every nuisance and THEN get back to her. Saturday, Aug 18, 2018 8-10 popups, generator, loud music started at 10:00AM Called CVPD 1053 and they reminded me it is HarborFest! (I didn’t know it was ALSO at the launch ramp). Saturday, Sept 22, 2018 10-15 pop-ups at the SW corner of the mole; LOTS of cars, LOUD music and PA system announcing some sort of raffle. Sunday, Sept 23, 2018 5-10 popups next to the Police Station; music started at 0900. Saturday, Sept 29, 2018 10-15 popups on the north side of the park; music and PA starting at noon (moderate irritation). Sunday evening, April 7, 2019 ~7PM, LOTS of loud rap music coming from the same area; Barry Joshua noticed it around 6:50 and call CVPD. He alerted me when | arrived home at 7PM. As | walked down C dock the music was actually noticeably turned UP. | called CVPD as well. Saturday, April 13, 2019 Thumping music started at 10:30 and continued well past 19:00 from multiple pop-ups. Sunday, April 14, 2019 Thumping music started at 0800 and continued until “1900. Thursday, April 18, 9:53PM — about two dozen cars spinning their wheels in the parking lot for at least 10-20 minutes, making a LOT of noise and smoke. Called CVPD and they said they had another call and would send a car when “available”. Yuck! 11 Page 112 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 460 Note: “CYM” refers to the California Yacht Marina, now known as Safe Harbor Southbay — the 461 marina nearest to Bayfront Park and the launch ramp. 462 463 Bayfront Park Safe Harbor Southbay 464 Google Earth 465 12 Page 113 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Extreme and Persistent Noise Problems — Chula Vista Bayfront Park 950 Marina Way, Chula Vista, CA 91910 John Kalpus; Tuesday, April 9, 2024s Members of the Chula Vista City Council, have berthed my sailboat in Chula Vista for the past 21+ years. | chose this area for many reasons, the primary one being the peace and quiet of the neighborhood and parks. Before the pandemic, | was travelling almost every week for my work as a professional computer trainer. | would then spend the weekends on my sailboat, enjoying a relaxing few days before heading to the airport again. Since approximately 2019, there has been a HUGE increase in noise coming from Bayfront Park, only 150 feet from the marina. Almost universally the noise comes from groups of car aficionados who erect multiple pop-ups, set up generators and amplifiers and proceed to eliminate the peace and quiet we’ve come to expect from a “park” so near our marina. These parties can last from 6AM in the morning until well after dark, sometimes as long as 10-11PM. The events are usually on the weekends but can occur any day of the week including well past midnight and the early morning hours. This uninterrupted noise is constant and loud, with the usual THUMP, THUMP, THUMP of sub-base woofer speakers, impossible to escape! Several of us at the marina have been in contact with our local Chula Vista representatives, and they have always told us to work with the Port Commission to resolve the problems. The Port Commission has posted, albeit tiny, signage indicating that amplified music is NOT allowed, except by permit from the Port Commission. These constant, un- permitted car-club events which have literally taken over most if not all of the park. The “events” are often so large that it’s difficult for boaters to enter the park, especially if towing a boat trailer. Cars routinely park in the red fire zones, and even in the grassy areas to the north of the park. As recently as this past Friday evening, March 29, 2024, 9:00PM, there was a constant low-frequency booming coming from Bayfront Park, probably a car’s stereo. The noise greatly escalated around 10:00PM when lots of very loud POP, POP, POP noises were heard. Originally thinking it was gunfire, but when | emerged from my boat it was clear these were car RACING around the parking lot producing lots of engine backfires and burning rubber pollution! There were ~30-40 cars participating, maybe more. | called CVPD and asked them to immediately send patrols over to stop the mayhem and catch the culprits. A few moments into my call, the dispatcher put me on hold for more than 5 minutes understandable because of a 9-11 call). | eventually hung up and started to video the craziness. By that time the cars were starting to make their way out of the park, racing along the exit road and producing lost more mayhem, backfires and smoke from burning rubber. Page 114 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Several years ago, Angela Gaines, CVPD Community Relations Specialist, suggested that | start to document the noise problems. Since then, | have documented well over 100 times the noise has been so bad that members of the marina community have had to call the CVPD for help. Thinking the placards would alleviate the problem and give the CVPD grounds to issue citations and thereby prevent further use of the PD’s valuable time, none of this has happened. Instead, the problem has only worsened. Please return our peace and quiet by instructing the CVPD to start issuing citations to prevent further issues. CVPD resources are being wasted by NOT enforcing the Chula Vista Municipal Code enacted to prevent just such a nuisance. Uncontrolled noise not only disturbs the peace and quiet but is also a major health issue. We need your immediate help. CITY OF CHUIA VISTA MUNICIPAL CODE 2.66.185 Q.. 88 O ee FOR ADDITIONAL INFORMATION, : : : CALL 619-725-5001Amplifiednoise. ae Lt 619-725-6001 of authonzed pursuant to 4 pert Director of Recreation, Director PLEASE KEEP NOISETOAMINIMUM The Chuta Vista Municipal Code is current through Ordinance 3542, passed February 21, 2023. chulavista.municipal.codes Page 115 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Chula Vista Noise Ordinance 2.66.185, re: Amplified noise, clearly states: Except when authorized pursuant to a permit issued by the Director of Recreation, Director of Public Works or their designees, it is unlawful in any park or recreation center to operate a radio, television, stereo or any similar electronic or mechanical device capable of producing or emitting sound at a volume where the sound is audible at a distance greater than 150 feet from the point of emission. (Ord. 3322 § 7, 2014; Ord. 2651 § 1, 1995; Ord. 2172 § 2, 1986). Suggestions/Requests: 6. 8. a 5, The Safe Harbor South Bay and Safe Harbor Bayfront marinas have over five hundred boats and the closest is less than 100 feet from Bayfront Park. Therefore, in your solicitations for ideas for redevelopment of Bayfront Park, we respectfully request the following: Immediately STOP issuing Port Commission permits for groups who repeatedly use the park at their personal meeting site, with all the concomitant noise and traffic. START issuing citations immediately for groups who ignore the noise ordinance. When issuing permits, please limit the time of the event to a 4-6-hour period, and certainly state a cutoff time of no later than 9PM. Install speed bumps on the road leading into Bayfront Park. This would almost certainly eliminate cars and motorcycles using this road as a racetrack. Install LARGE, easy to read and understand placards explaining the noise ordinance and consequences of abuse. Most of Bayfront Park is paved over for parking. This is a terrible waste of beautiful parkland. Instead, we Suggest you greatly increase the amount of green space, planting trees and grass and drought-tolerant plants. We don’t need so much heat-absorbing asphalt. Install area lighting which stops the light pollution that most streetlamps emit. Bring back the night sky and let us see the stars again! We should only see the light from a fixture, not the light source itself! Consider, very carefully, issuing any permits which would degrade the quality of life for those of us who visit our beautiful Chula Vista parks to listen to the birds and hear the wind blowing through the trees. Work with the various Chula Vista and National City ~ based car clubs to find a much more suitable and safer place for them to hold car rallies and displays and BBQs, but in a place which would not disturb surrounding neighborhoods. Create a volunteer community advisory panel to offer insights from people who live near, next to, or are affected by use of the park. To demonstrate how invasive and annoying these noise disturbances are, | have created a short, 5- minute movie which highlights the problem. Watch the movie here: httos://vimeo.com/S$37520912 Respectfully submitted, John Kalpus Page 116 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Written.f ions // tem # Name CHULA VISTA, CA 91910 Telephone Honorable Mayor and City Council Members, 04/09/24 I am appearing before you tonight with a deep sense of urgency and disappointment. Despite my best efforts, I have been unable to impress upon you the critical nature of the situation facing our community. In my 75 years of life, I never imagined witnessing a City Council that would, through inaction, cause immense financial harm to a significant portion of our homeless and vulnerable rental population. The delay in addressing the glaring flaws within the Tenant Protection Ordinance" has had devastating consequences for our residents. As you are well aware: Chula Vista is home to 119,268 vulnerable renters. Our community grapples with an escalating homeless crisis. The average monthly rent of $3,047.00 is unattainable for many residents. The flawed ordinance compels landlords to continually raise rents due to the threat of hefty fines ranging from 2,500.00 to $5,000.00 for minor clerical errors made by tenants. It perplexes me why there is difficulty in instructing staff to verify the accuracy of presented facts. A brief review of past Council statements indicates unanimous reservations regarding certain clauses of the TPO. Council Member Jill Gavez's Page 1 of 5 Page 117 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda foresight was evident as she voted against the Ordinance, foreseeing the financial turmoil it would unleash upon our community. The measure was passed with the expectation that this Council would rectify its flawed clauses. The time for that rectification is long overdue. Let us not forget that it is not only the actual fines but also the looming threat of fines that drive rent increases. This issue can be mitigated swiftly by introducing a simple clause to the Tenant Protection Ordinance": "Notice to cure must precede the issuance of an administrative citation or civil penalty.” Importantly, state law does not prohibit the issuance of warnings for non-compliance. A warning system would prompt the vast majority of well-intentioned tenants and landlords to rectify issues promptly, while identifying and penalizing any bad actors more efficiently. The primary objective of the "Tenant Protection Ordinance" should be to protect tenants, not inadvertently cause rent hikes due to Council inaction. I implore you to fulfill your duties promptly. Please instruct staff without delay to rectify this injustice and provide relief to the least fortunate members of our community. Thank you for your immediate attention to this matter. Respectfully, Joseph f7 Raso Page 2 of 5 Page 118 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda PS: Staff Supplied Supporting Data: A) Areas where we all can agree: 1) Threatening Landlords and Tenants who have made inadvertent mistakes with $5,000.00 daily fines is causing the most harm to tenants. ee ee violation per day, When a1 violation occurs it is not required that a warning or notice to cure must first be given before an administrative citation or civil penalty may be issued.” and clause at such time(s) and with such details as shall be sepained by Ci “ty itin the attendant Administrative Regulations. 'Translation: Tenant makes a mistake, Landlord gets a $5,000.00 daily fine. 2) Landlords of the *36,033 rental units (*Staff supplied data) must raise rents in order impound funds to pay the potential fines of those who have made inadvertent errors. B) The City Council is probably unaware that City Staff is not required receive Council’s direction when modifying The TPO’s Administrative Regulations: City Staff is authorized to change rules at will regarding the enforcement of the “Tenant Protection Ordinance” without consulting The City Council. Most tenants who voluntarily move away may be unaware they may required to complete forms informing city staff the details of a relocation. See Clause 9.65.060E above. Such an absent of action a tenant’s part forces landlords to substantially raise rents in preparation of potential $5,000.00 daily fines to follow. Page 3 of 5 Page 119 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda C) City Council was warned a year ago the Tenant Protection Ordinance would cause a massive increase in homelessness. Although there are many causes for homelessness in our community, most can agree, high rents is a huge contributing factor. I can state unequivocally The Tenant Protection Ordinance is what is forcing this Landlord to raise rents. D) Conclusions Drawn From City Staff Supplied Data: 1) Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau QuickFacts) 2) Average number of individuals in each household: 3.31 (Chula Vista - U.S. Census Bureau QuickFacts) 3) Percentage Chula Vista housing which are rentals. 42% (Data compiled by City Staff ) 4) Number of Chula Vista Rental Units: 36,033 Population of Chula Vista (283,072) divided by the average number of people residing in each Residence (3.31) equals 85,792 multiplied the percentage of residences which are rentals (42%) equals the approximate number of Chula Vista rental units. (36,033) 5) Approximate number of Chula Vista renters: 119,268 (CV Population 283,972 x 42% = 119,268) 6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See attached CV Staff provided “Relocation Assistance” Pic below - Average of Line 2nd from bottom) 7) With no right to cure, amount of daily fine levied if Landlord or Tenant inadvertently makes a paperwork error when Tenant terminates lease and moves: $5,000.00 (Clauses 9.65.060 E and 9.65.080 C2 of Residential Landlord and Tenant Ordinance” ) Page 4 of 5 Page 120 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x 10%. California AB-1482 5% plus inflation Max 10%) 9) Average number of months required for Landlord to impound a 1 day fine: 16.41 ($5000.00 divided by $304.70) 10) $10,979,255.00: The approximate total monthly maximum rent increase levied on Chula Vista Renters if Landlords are forced to impound funds to the pay daily fines: (36,033 Rental Units multiplied by the 10% max allowed rent adjustment $304.70 = $10,979,255.00 ) 11) 596 New Homeless: Approximate number of Homeless created if one half of one percent of Chula Vista renters are forced out of their homes by the rent increases caused by the Tenant Protection Ordinance: CV Population 283,972 x 42% = 119,268 x 5% = 596) Smee = ra Relocation Assistance U.S. Department of Housi ‘ousting and Urban Development ; SmaAreaFairMarketRent {April 2022) ti Greater of: {1} 2 months contracted rentorgmonthselderty/disabled; or (2}2 months SAFMR or3 months elderly/disabted San D lego County, CA Advisory Smal} Area FMRs By Unit Bedrooms Efficienc 1 2 3 4yBedroomBedroomBedroomBedroom 1,850 $2,040 $2,620 $3,640 $4,450 reas $1,430 $1,580 $2,030 $2,320 ne SAFMR 1440 $1,600 $2,050 $2,850 2,733 6 se ana 3,490 $4,508 ‘ 54.0% be teed52110 $2340 $3000 $4170 ési0g sen $3,332 2,360 $2610 $3350 $4650 $5700 0 $2,130 siese 2369 92360 $2,610 $3,350 $4650 ssgu0 1,925 $2,130 $2,733 $3,797 $4,648 ~~ 51,628 $1,802 $2,311 $3,210 Page 5 of 5 Page 121 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Housing Grant Funding: Receive Recommendations for the Fiscal Year 2024/2025 U.S. Department of Housing and Urban Development Annual Action Plan Report Number: 24-0049 Location: Third Avenue from West/South Orange Ave. to Anita St., East/South Anita St. to Zenith Street. All other projects are not location specific. Department: Housing and Homeless Services Department G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines and Title 24 of the Federal Code of Regulations; therefore, pursuant to State Guidelines Section 15060(c)(3) and Federal Guidelines Part 58.34(a)(2) & (3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of CEQA and Part 58.34 (a)(2) & (3) of the National Environmental Policy Act (“NEPA”). Recommended Action Conduct the public hearing and receive community input on the Fiscal Year 2024/25 U.S. Department of Housing and Urban Development Annual Action Plan recommendations for Federal Grant funding, including the Community Development Block Grant, Emergency Solutions Grant, and the Home Investment Partnerships Act programs. SUMMARY The City of Chula Vista has received and reviewed funding applications for the U.S. Department of Housing and Urban Development grant programs including: (1) Community Development Block Grant; (2) HOME Investment Partnerships Act; and (3) Emergency Solutions Grant funds. This public hearing will provide the community an opportunity to provide input on the proposed Fiscal Year 2024/2025 funding recommendations for the City’s use of these federal grant programs. Page 122 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and NEPA. The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific project(s), and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Under NEPA, the activity is exempt pursuant to Title 24, Part 58.34(a)(2) & (3) of the Code of Federal Regulations and pursuant to the U.S. Department of Housing & Urban Development Environmental Guidelines. Thus, no further environmental review is necessary at this time. Although environmental review is not necessary at this time, once a project(s) has been approved, environmental review will be required and a CEQA/NEPA determination completed prior to initiation of any related project activity. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION As an entitlement community with the U.S. Department of Housing and Urban Development (“HUD”), the City of Chula Vista receives annual funding under three entitlement block grant programs: Community Development Block Grant (“CDBG”), HOME Investment Partnerships Act (“HOME”), and Emergency Solutions Grant (“ESG”). The grant amounts allocated to each jurisdiction are determined using a formula based on statistical and demographic data. The purpose of this funding is to provide housing, a suitable living environment, and to expand economic opportunities principally for low- and moderate-income persons. As a recipient of these HUD funds, the City is required to adopt a five-year planning document entitled the Consolidated Plan (the “ConPlan”), which describes the City's five-year strategy for use of these funds based upon the identified goals and objectives related to its housing and community development priorities. The City annually selects activities for funding that best meet the needs of the community as specified within the ConPlan, while also meeting the national objectives and requirements of the grant funds. The selected activities are then incorporated into a one-year planning document, known as the Annual Action Plan (the “Action Plan”). The Action Plan constitutes the City’s formal funding application to HUD for the corresponding grant year. The Fiscal Year 2024/2025 (“FY 24/25”) Action Plan represents the third year of the ConPlan period. The City’s 2020-2024 Five-Year ConPlan identifies a total of five priorities under Housing and Community Development for funding consideration as summarized in Table I. Table I: 2020/2024 Consolidated Plan Funding Priorities PRIORITY GOAL ACTIVITY TYPE Homelessness Assist individuals and families to gain stable housing after experiencing homelessness or a housing crisis by providing appropriate services and housing solutions on a path to stability.  Shelter Operations  Homeless Prevention  Homeless Outreach  Homeless Supportive Services Page 123 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 Social Service Programs Invest in community social services to promote equity and serve the most vulnerable of the community’s population. Public Services to Low/Moderate Income including the following population:  Homeless Veterans; Youth; Seniors; Victims of Domestic Violence; Special Needs/Disabled Capital Improvement and Public Facilities Support the development of vibrant, equitable and accessible neighborhoods by investing in public facilities and infrastructure.  ADA improvements  New streets and sidewalks  Public facility improvements Economic Development Enhance the City’s economic stability by investing in inclusive economic growth initiatives that develop and strengthen small businesses, employment and workforce development programs, and improving access to jobs.  Business Financial Assistance Programs  Business Technical Assistance  Job Training and Placement Affordable Housing Increase affordable rental and owner- occupied housing to improve housing opportunities that reflect the community’s needs.  New Construction  Acquisition  Rehabilitation  First-Time Homebuyer Assistance  Tenant-Based Rental Assistance 2024/2025 ANNUAL ACTION PLAN As of the date of this report, HUD has not provided the City’s allocation amounts for 202 4/2025 since Congress has not yet completed the appropriations process. HUD has instructed cities to continue their normal annual planning process and to submit the Action Plan once the 2024/2025 allocations have been announced. For the purposes of this report and in preparation of the Action Plan, staff will be assuming a slight reduction from prior year funding for the CDBG, HOME, and ESG grant programs for planning purposes. In the event that the City receives a higher allocation, staff has identified projects within the grant programs for increased funding. These projects are identified in the respective program sections below. Table II: 2024/2025 Anticipated Grant Funding PROGRAM ENTITLEMENT AMOUNT PRIOR YEAR (UNENCUMBERED) TOTAL AVAILABLE FOR 2024/2025 Community Development Block Grant $2,321,225 $0 $2,321,225 Home Investment Partnerships Act $ 894,917 $0 $894,917 Emergency Solutions Grant $ 201,908 $0 $ 201,908 Total $3,418,050 $0 $3,418,050 Page 124 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 4 Funding Requests As part of the annual Action Plan process, the City releases a Notice of Funding Availability (“NOFA”) for the three grant programs. City Staff advertised the NOFA at local meetings of the Chula Vista Community Collaborative and also emailed the NOFA to all formerly funded agencies and interested parties. The NOFA was released on February 1, 2024, with a submittal deadline of March 1. Housing staff has reviewed all proposals to ensure compliance with the prescribed regulations and consistency with the City’s goals and objectives. An executive summary was prepared for each request which summarizes the requested funding level, proposed use of funds, and benefit to the community in Attachment 1. The federal grant funding recommendations for CDBG, HOME, and ESG are presented below. Community Development Block Grant (CDBG) For FY 24/25, the City will utilize an estimated total of $2,321,225 of CDBG funds. All projects considered for funding must address at least one of the three CDBG National Objectives: (1) benefit primarily low/moderate income families; (2) aid in the prevention or elimination of slums or blight; or (3) meet community needs due to a major emergency such as a natural disaster. Projects are then classified into three distinct categories: 1. Administration and Planning 2. Public Services 3. Capital Improvement Projects (“CIPs”) and Community Development Below is a summary of the funding recommendations under each respective category. 1. Administration/Planning Recommendations Funds under this category cover all City staff costs associated with the management and administration of the City of Chula Vista's CDBG program including regulatory compliance, contract administration, subrecipient monitoring and fiscal management. This also includes preparation of the required planning documents, such as the Annual Action Plan, the Consolidated Plan, and the Analysis of Impediments to Fair Housing Choice. As detailed in Table III, Federal regulations governing the CDBG program limit the amount that the City spends on administration/planning activities to 20 percent (20%) of the entitlement amount for the program year (estimated cap of $464,245 in 2024/25). A portion of the City’s CDBG Administration/Planning allocation is allocated to the City’s Fair Housing Provider. This year, for the first time the City received multiple applications from Fair Housing Providers. After careful and thorough review of the applications Staff decided to continue to contract with CSA San Diego County. Table III: 2024/2025 CDBG Administration Funding Applicant Program Recommended 1 Housing and Homeless Services Department CDBG Administration/Planning $399,245 2 CSA San Diego County Fair Housing and Tenant/Landlord Services $65,000 Total $464,245 2. Public Services Program Recommendation Funds for Public Services activities are awarded to local agencies and community organizations to implement projects and programs that improve the lives of low-income residents, including the elderly, Page 125 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 5 disabled, at-risk, and persons living in homelessness. The amount of funds the City may allocate to public services is limited to fifteen percent (15%) of the annual entitlement (estimated cap of $348,184 in 2024/25). Staff’s funding recommendations for public service activities are based on funding priorities established in the ConPlan, along with application scoring and an established ranking criterion which categorizes the programs by community need (Tier I-III, with Tier I being the highest). Public Services Community Need Ranking Tier I (highest) Tier II Tier III Emergency Needs: Programs that address basic, fundamental needs including shelter, food, and other commodities. Special Needs/Disabled: Programs that provide services to persons with disabilities, special needs, and who are at high-risk. Other General Services: All other services which do not fall within Tier I or II and provide general public services to low/moderate income persons. A total of fourteen public service applications were received and all fourteen are being recommended for funding. All recommended funding requests are previous grant recipients and are in good standing with the City of Chula Vista and HUD. Summarized in Table IV are the list of applicants, program name, requested funding, and amount of recommended funding by staff. Table IV: 2024/2025 CDBG Public Services Applicant Program Requested Recommended 3 Chula Vista Elementary School District Family Resource Center Emergency & Basic Services1 $50,000 $25,000 4 Chula Vista Housing and Homeless Services Department Hotel/Motel Voucher Program2 $25,000 $11,184 5 City of Chula Vista Parks and Rec Norman Park Senior Center $30,000 $30,000 6 City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities $20,100 $20,000 7 Family Health Centers of San Diego Family Health Centers of San Diego Mobile Medical Services $30,000 $30,000 8 Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program $15,000 $15,000 9 Mama's Kitchen Home-Delivered Meal Service $10,000 $10,000 10 McAlister Institute Work for Hope1 $363,524 $60,000 11 Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services1 $30,000 $25,000 12 SBCS Corporation Family Violence Support Services $44,802 $40,000 13 SBCS Corporation Homeless Services1 $50,120 $40,000 14 SBCS Corporation South Bay Food Program1 $20,000 $11,000 15 Voices for Children Court Appointed Special Advocate (CASA) Program1 $20,000 $15,000 Page 126 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 6 16 Interfaith Shelter Network of San Diego Rotational Shelter Program $17,000 $16,000 Total $348,184 1The amount of funding recommended reflects previous allocations to this project. 2Should the City receive a greater or lower CDBG entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. 3. CIPs and Community Development After the Public Services and Administration activities are funded, an estimated total of $1,508,796 remains for eligible capital improvement projects, public facility improvements, and other housing/community/economic development-related activities. The City has earmarked $682,450 for the annual Castle Park Infrastructure Section 108 debt service payment, with four years remaining on the 20-year loan term. This leaves a balance of $826,346 for new projects. To be considered eligible for funding within the CIP category, the project must be located in a primarily residential area designated as low/moderate income by the U.S. Census and cannot be regional in nature (serving the entire City or county region). Priority is given to those projects with the most effectiveness and the greatest feasibility by demonstrating leveraging of additional funding sources, benefit and impact to the community, and relevance to the City of Chula Vista’s Critical Needs List and/or Pedestrian Master Plan. A total of five applications are presented under this category: the City’s Section 108 Loan payment, the City’s Community Housing Improvement Program (CHIP), the City’s Housing Services Program, one CIP (3rd Avenue), and the BOOST program offered by Upwards, formerly WeeCare Inc. A funding request for an additional CIP, Alpine Avenue, was not funded. Table V: 2024/2025 CDBG Community Development Projects Applicant Program Recommended 17 Chula Vista Engineering Department 3rd Avenue $410,000 18 Upwards BOOST (Business Operations & Optimization Tools) $240,000 19 Chula Vista Housing and Homeless Services Department Community Housing Improvement Program3 $101,346 20 Chula Vista Housing and Homeless Services Department Housing Services $75,000 21 Chula Vista Housing Homeless Services Department Section 108 Loan $682,450 TOTAL $1,508,796 3Should the City receive a greater or lower CDBG entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. Page 127 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 7 The 3rd Avenue project is for sidewalk gap improvements along Third Avenue West/South Orange Ave. to Anita St., East/South Anita St. to Zenith Street. The project will include installation of missing curb, gutter, and sidewalk in various locations. Per CDBG regulations, CIP projects must serve an area where at least 51% of residents are low and moderate income. Provided with a description of the project is a map illustrating the location and HUD-designated Low/Moderate Income Census Tract (shaded in Yellow). The BOOST Program offered by Upwards assists micro-enterprise in-home daycares through personalized coaching and technical assistance. Low-income business owners in Chula Vista will be assisted, increasing both the strength and income of these microenterprise daycares, while also increasing childcare options for Chula Vista residents. This program’s goals align with the City’s 2020-2024 ConPlan economic development goals of business technical assistance and job creation. Upwards demonstrates thorough knowledge of CDBG regulations, is in good standing with HUD, and Staff are fully confident in their ability to execute the programming. Home Investment Partnerships Act (HOME) HOME funds may be used to provide affordable rental housing and home ownership opportunities through: 1. New construction 2. Acquisition 3. Rehabilitation 4. First-time homebuyer assistance 5. Tenant-based rental assistance For 2024/25, the City of Chula Vista will utilize the HOME entitlement to address the City’s housing priorities of the 2020/2024 ConPlan (estimated allocation amount of $894,917) per Table VI. Per the HOME regulations fifteen percent (15%) of the annual allocation must be set aside to assist Community Housing Development Corporations (CHDOs) for the creation of affordable housing units (estimated minimum of $134,237.55 in 2024/25). Should these funds not be utilized in a timely manner for this specific purpose, these funds would be recaptured by HUD and would be unavailable to the City. The City will allocate this year’s 15% towards “Production of Affordable Housing”, with the intend to award funds to an affordable housing developer identified through an open RFP process. City Staff closed an RFP today and will review bids over the coming weeks. The City received one application eligible for HOME funds from SBCS to provide tenant-based rental assistance for general low- and moderate-income residents. The remainder of funds will be utilized for the City’s own tenant-based rental assistance. Table VI: 2024/2025 HOME Projects Applicant Program Recommended 25 Chula Vista Housing and Homeless Services Department HOME Planning and Administration $89,492 3rd Avenue Improvement Project Limits Page 128 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 8 26 Chula Vista Housing and Homeless Services Department Production of Affordable Housing4 $134,238 27 Chula Vista Housing and Homeless Services Department Tenant-Based Rental Assistance5 $271,187 28 SBCS Corporation Tenant-Based Rental Assistance $400,000 TOTAL $894,917 4CHDO funding set-aside. 5Should the City receive a greater or lower HOME entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. Emergency Solutions Grant (ESG) Chula Vista will receive an estimated $201,908 in ESG entitlement funds for FY 2024/25. ESG funds may be used to provide homeless services through: 1. Homeless Prevention 2. Rapid Re-Housing (rental assistance) 3. Street Outreach 4. Emergency Shelter 5. Homeless Management Information Systems (“HMIS”) The City received one proposal for ESG; an application from SBCS Corporation for operations of the Casa Nueva Vida shelter. SBCS is a previous grant recipient and is in good standing with the City of Chula Vista and HUD. The remaining funds will be earmarked for Planning and Administration Costs (7.5% of the entitlement, or an estimated $15,143 in 2024/25), and Homeless Prevention Services, as detailed in Table VII. The Homeless Prevention program will be administered by Housing staff. Table VII: 2024/2025 ESG Projects Applicant Program Recommended 22 Housing and Homeless Services Department ESG Planning and Administration $15,143 23 Housing and Homeless Services Department Homeless Prevention Program6 $116,765 24 SBCS Corporation ESG - Casa Nueva Vida $70,000 TOTAL $201,908 6Should the City receive a greater or lower ESG entitlement amount than that anticipated, funding will be allocated to or unallocated from this project. Conclusion While the ESG and the HOME programs were designed to meet very specific objectives, the CDBG program allows flexibility in the type of activities it funds. This allows the City to leverage its CDBG funds with ESG and HOME funds to maximize the impact of the grant funding to meet the housing needs of the lower income community. As the cost of housing has increased year after year, far outpacing income growth, housing has become increasingly unaffordable to more members of the community. The City’s Housing and Homeless Services Department continues to pursue funding opportunities to leverage with available Housing funds, including HOME, to develop affordable housing projects and programs. Staff recommends that the City Council conduct the public hearing to solicit input from the community on the 2024/25 funding recommendations presented. The 2024/2025 Annual Action Plan was released on the Page 129 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 9 City’s federal grant webpage for the required 30-day review, the comment period began on April 3, 2024 and will close May 3, 2024. Staff will incorporate all public comments into the final Annual Action Plan, to be brought forward for City Council consideration on May 7, 2024. 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 3rd Avenue CIP which is the subject of this action. It was determined that Mayor John McCann has real property holdings within 500 feet of the boundaries of the property located at 31 4th Avenue which is also subject of this action. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(a)(7), this item presents a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) for the above-identified member. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There are no current year fiscal impacts to the General Fund as a result of this action. At this time, Council is reviewing the funding allocation requests for CDBG, HOME, and ESG funds. Appropriations for the proposed CDBG, HOME and ESG programs will be requested at a later date. In the remote event that HUD should withdraw the City's CDBG, HOME, and ESG funding, the Agreements/Memorandum of Understandings provide that the City is not obligated to compensate subrecipients or City Departments for program expenditures. Recommended funding allocations are summarized below. Community Development Block Grant (CDBG) Public Services $348,184 CDBG Administration and Planning $464,245 Section 108 Loan Payment $682,450 Capital Improvement and Housing $1,508,796 Subtotal $ 2,321,225 Home Investment Partnerships Act (HOME) HOME Planning and Administration $89,492 Affordable Housing Projects/Programs $805,425 Subtotal $894,917 Emergency Solutions Grant (ESG) ESG Administration and Planning $15,143 Shelter Services $70,000 Homeless Prevention and Rapid Re-Housing $116,765 Subtotal $201,908 TOTAL CDBG, HOME and ESG $3,418,050 Page 130 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 10 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the City's General Fund as a result of this action. All costs associated with the administration of the CDBG, HOME and ESG programs are covered by the respective grants. ATTACHMENTS 1. 2024/2025 Federal Grant Funding Recommendations Staff Contact: Dania Gonzalez, Principal Management Analyst Mark Barnard, Management Analyst II Page 131 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FEDERAL GRANT ENTITLEMENT PROGRAMS CDBG|HOME|ESG 2024/2025 2024/2025 Federal Grant Funding Recommendations The City released a Notice of Funding Availability for the CDBG, HOME and ESG grant programs. The Executive Summaries include an application summary for each of the funding requests. ATTACHMENT NO. 1 Page 132 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Tab Organization Project/Program Name Funding 1 Chula Vista Housing Department CDBG Planning and Administration 399,245$ 2 CSA San Diego County Fair Housing and Tenant/Landlord 65,000$ Subtotal 464,245$ CDBG PUBLIC SERVICES 3 Chula Vista Elementary School District Family Resource Center Emergency & Basic Services 25,000$ 4 Chula Vista Housing Department Hotel/Motel Voucher Program 11,184$ 5 City of Chula Vista Parks and Rec Norman Park Senior Center 30,000$ 6 City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities20,000$ 7 Family Health Centers of San Diego Family Health Centers of San Diego Mobile Medical Services 30,000$ 8 Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program 15,000$ 9 Mama's Kitchen Home-Delivered Meal Service 10,000$ 10 McAlister Institute Work for Hope 60,000$ 11 Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services 25,000$ 12 SBCS Corporation Family Violence Support Services 40,000$ 13 SBCS Corporation Homeless Services 40,000$ 14 SBCS Corporation South Bay Food Program 11,000$ 15 Voices for Children Court Appointed Special Advocate (CASA) Program 15,000$ 16 Interfaith Shelter Network of San Diego Rotational Shelter Program 16,000$ Subtotal 348,184$ 17 Chula Vista Engineering Division 3rd Avenue 410,000$ 18 Upwards BOOST (Business Operations & Optimization Tools)240,000$ 19 Chula Vista Housing Department Community Housing Improvement Program 101,346$ 20 Chula Vista Housing Department Housing Services 75,000$ 21 Chula Vista Housing Department Section 108 Loan 682,450$ Subtotal 1,508,796$ 22 Chula Vista Housing Department ESG Planning and Administration 15,143$ 23 Chula Vista Housing Department Homeless Prevention 116,765$ 24 SBCS Corporation ESG - Casa Nueva Vida 70,000$ Subtotal 201,908$ 25 Chula Vista Housing Department HOME Planning and Administration 89,492$ 26 Chula Vista Housing Department Production of Affordable Housing (CHDO Set Aside)134,238$ 27 Chula Vista Housing Department Tenant Based Rental Assistance 271,188$ 28 SBCS Corporation Tenant Based Rental Assistance 400,000$ Subtotal 894,917$ Resources CDBG 2,321,225$ ESG 201,908$ HOME 894,917$ Grant Funding (2023-2024)3,418,050$ HOME PROGRAMS FEDERAL GRANT SPENDING PLAN 2024-2025 CDBG ADMINISTRATION AND PLANNING CDBG CAPITAL IMPROVEMENT AND COMMUNITY DEVELOPMENT ESG PROGRAMS CDBG | ESG | HOME Page 133 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 1 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Housing Department CDBG Planning and Administration CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the staff costs associated with the management and administration of Chula Vista's CDBG program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): N/A N/A HUD Eligibility Matrix Code: 21-A (General Program Administration) Proposed Number to Serve: N/A FUNDING Total Program/Project Cost: $399,245 Amount Recommended: $399,245 Page 134 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 2 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: CSA San Diego County Fair Housing and Tenant/Landlord CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This is the City's allocated funding for Fair Housing Services. Fair Housing Services include education, counseling, testing, legal referrals, advice, mediation & enforcement activities to ensure that all Chula Vista residents have equal access to safe, decent and affordable housing. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Administration Low/Moderate Income Clientele (LMC) General Low/Mod Residents 21D - Fair Housing Activities 205 FUNDING Total Program/Project Cost: $65,000 Amount Recommended: $65,000 Page 135 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 3 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Elementary School District Family Resource Center Emergency & Basic Services CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Chula Vista Community Collaborative, through their five Family Resource Centers, on school campuses, will assist families with emergency food and/or grocery store gift cards, and assist with CalFresh applications, recertification and SR7 reports; provide clothing, uniforms, or ancillary services such as transportation assistance, diapers, blankets, and formula; and provide housing navigation or application assistance. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents 05 - Public Services (General) 105 FUNDING Total Program/Project Cost: $50,000 Amount Recommended: $25,000 Page 136 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 4 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Housing Department Hotel/Motel Voucher Program CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: As the number of homeless in the region increase, the number of shelters continue to have limited space and are often at capacity. This program offers a temporary solution to this problem by providing hotel/motel vouchers to homeless individuals and families. The participants must be willing t o participate in case management with one of the City's service providers during the transitional phase into permanent, stable housing. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Public Services Low/Moderate Income Clientele: Homeless Homeless persons (must meet HUD definitions) 03T - Operating Costs (Homeless Programs) 6 FUNDING Total Program/Project Cost: $25,000 Amount Recommended: $11,184 Page 137 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 5 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: City of Chula Vista Parks and Rec Norman Park Senior Center CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The grant funds will focus on the wellbeing of elderly residents by providing a number of opportunities for fun, educational, hea lth and fitness, socialization, skill building, and activities that will increase the quality of life for the elderly residents. The public services being offered to the elderly will include educational workshops, creative enrichment activities, free or low costs fitness classes, social and brain enriching activities, support groups, and civic engagement through volunteerism Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Low Moderate Clientele (LMC) Elderly persons 62 years or older 05A - Senior Services 310 FUNDING Total Program/Project Cost: $30,000 Amount Recommended: $30,000 Page 138 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 6 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The CDBG funds will be used for the direct service delivery of recreational programs, camps, classes and special events to presumed benefit adults ages 18+ with severe disabilities. These Therapeutic Recreation programs will be held at City recreation and aquatic facilities throughout the City of Chula Vista. The program sites will operate year-round to accommodate all levels and interests of adults with severe disabilities. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Low Moderate Clientele (LMC) Severely disabled 05B - Handicapped Services 55 FUNDING Total Program/Project Cost: $20,100 Amount Recommended: $20,000 Page 139 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 7 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Family Health Centers of San Diego Family Health Centers of San Diego Mobile Medical Services CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: FHCSD's Mobile Medical Unit (MMU) is a licensed clinic providing primary healthcare, preventative care, immunizations, referrals, and insurance assistance to persons with low and moderate income, including homeless individuals and families in San Diego County's most impoverished neighborhoods. The MMU program eliminates significant barriers for patients who lack transportation, are uninsured, have mental health issues, or do not have access to medical care in their immediate area. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Low Moderate Clientele (LMC) Homeless persons 05M - Health Services 130 FUNDING Total Program/Project Cost: $30,000 Amount Recommended: $30,000 Page 140 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 8 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Food 4 Kids Backpack Program (F4KBP) provides food to elementary school children who receive free/reduced-price school meals during the week but risk hunger during the weekends when school meals are unavailable. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents 05D - Youth Services 80 FUNDING Total Program/Project Cost: $20,000 Amount Recommended: $15,000 Page 141 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 9 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Mama's Kitchen Home-Delivered Meal Service CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Home-Delivered Meal Service in Chula Vista provides three medically tailored meals, each day of the year, to LMI City of Chula Vista residents who face malnutrition due to the physiological and psychological effects of HIV, cancer, heart failure, diabetes, or kidney disease. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Public Services Low/Moderate Income Clientele (LMC) Elderly Persons (62 and older) 05-Z (Other Public Services) 105 FUNDING Total Program/Project Cost: $10,000 Amount Recommended: $10,000 Page 142 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 10 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: McAlister Institute Work for Hope CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Work for Hope (WFH) program operates as a partnership between McAlister Institute and Chula Vista Police Department’s (CVPD) Homeless Outreach Team (HOT). The program design leverages existing resources and fills gaps in self-sufficiency, as it facilitates long-term recovery by offering homeless individuals in Chula Vista a means for gaining paid work experience and an overall sense of dignity and pride. Its collaborative service delivery works as follows: CVPD HOT works with McAlister’s Homeless Outreach Workers (HOWs) to identify and engage individuals who are homeless. These individuals are screened by HOT for program participation and referred to McAlister’s South Bay Enhanced Services Center (SBESC) and accessed to participate in WFH. SBESC staff provide case management to help participant identify and address critical needs like identification, Medi-Cal enrollment, housing, behavioral health and other community services. McAlister staff transports participants to WFH worksites identified by the City of Chula Vista. Work crew participants are able to safely store their belongings at a secure designated spot in SBESC during their work-training hours. Toiletries and shower facilities are available at the end of each workday, and food and water are provided. The City of Chula Vista provides on-the-job training and McAlister staff provides worker supervision, continued case management, and linkages to behavioral health services and housing. Participants complete beautification projects throughout the City and receives a weekly stipend. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Public Services Low/Moderate Income Clientele (LMC): Homeless Persons 05 - Public Services (General) 110 FUNDING Total Program/Project Cost: $363,524 Amount Recommended: $60,000 Page 143 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 11 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This project will serve seniors in the City of Chula Vista with up to two nutritious meals a day, accompanied by safety checks, social visits, care navigator support, and follow-up care. All meals are reduced-sugar,- sodium, and fat and include a Latin, easy-to-chew, vegetarian, renal-friendly, and gluten-friendly menu options. Every client is provided with (a minimum) 60% subsidy for all services, and further subsidies are provided to those with greater financial need. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Low Moderate Clientele (LMC) Elderly persons 62 years or older 05A - Senior Services 110 FUNDING Total Program/Project Cost: $30,000 Amount Recommended: $25,000 Page 144 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 12 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: SBCS Corporation Family Violence Support Services CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Family Violence Treatment Program provides therapeutic counseling and crisis intervention services to adult and children victims of family violence. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Low Moderate Clientele (LMC) Battered spouses 05G - Services for Battered and Abused Spouses 390 FUNDING Total Program/Project Cost: $44,802 Amount Recommended: $40,000 Page 145 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 13 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: SBCS Corporation Homeless Services CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Homeless Services Program combines outreach, assessment and housing placement through emergency shelter, hotel/motel vouchers during inclement weather, transitional housing, and rapid rehousing/tenant-based rental assistance. Through the expansion of these services, SBCS will be able to outreach, screen and assess more individuals/families, leading to greater rate of placement, and less time spent on the streets. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Homelessness: Project and Programs Low Moderate Clientele (LMC) Homeless persons 03T - Operating Costs (Homeless Programs) 85 FUNDING Total Program/Project Cost: $50,120 Amount Recommended: $40,000 Page 146 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 14 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: SBCS Corporation South Bay Food Program CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The South Bay Food Program serves low income families in predominately Western Chula Vista, including children, adults and senior citizens, many of whom are DV Victims, Abused Children and homeless or at risk of homelessness. In addition to food, Food Program participants are provided with nutrition information, education, resources, and access to SBCS’ wraparound continuum of services. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents 05 - Public Services (General) 310 FUNDING Total Program/Project Cost: $20,000 Amount Recommended: $11,000 Page 147 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 15 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Voices for Children Court Appointed Special Advocate (CASA) Program CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: VFC requests a grant funding for the Court Appointed Special Advocate (CASA) program in the City of Chula Vista. An estimated 300 Chula Vista children will spend time in foster care during FY 2024-25. VFC will assess the case of each child and provide advocacy services to a children with the most urgent needs, including children whose services will be funded by a grant from the City of Chula Vista CDBG program. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Social Services Programs Low Moderate Clientele (LMC) Abused children 05D - Youth Services 9 FUNDING Total Program/Project Cost: $20,000 Amount Recommended: $15,000 Page 148 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 16 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Interfaith Shelter Network of San Diego Rotational Shelter Program CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The project will provide seasonal, night-time emergency shelter to homeless low-to-moderate income families and individuals and services to assist moving individuals and families towards transitional or permanent housing. Shelter guests are referred to agency staff or sub-contracted social service agencies for intake, screening, and on-going case management. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Homelessness: Project and Programs Low Moderate Clientele (LMC) Homeless persons 03T - Operating Costs (Homeless Programs) 125 FUNDING Total Program/Project Cost: $17,000 Amount Recommended: $16,000 Page 149 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 17 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Engineering Division 3rd Avenue CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The 3rd Avenue project is for sidewalk gap improvements along Third Avenue West/South Orange Ave. to Anita St., East/South Anita St. to Zenith Street. The project will include installation of missing curb, gutter and sidewalk in various locations. This activity is an addition of funds to an exisiting project. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Capital Improvement and Public Facilities Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents 03L - Sidewalks 2440 FUNDING Total Program/Project Cost: $410,000 Amount Recommended: $410,000 Page 150 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 18 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Upwards BOOST (Business Operations & Optimization Tools) CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The BOOST Program assists small in-home daycares, offering personalized coaching and technical tools for sustainable growth. Targeting facilities with under 5 staff for children 0-13, the program focuses on professional guidance, operational efficiency, and digital tooling over 12 months. The goal is to enhance economic opportunities for childcare entrepreneurs through essential skills and tools, covering marketing, enrollment, billing, and more, thus supporting LMI families and promoting job stability. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Economic Development Low Moderate Clientele (LMC) General Low/Mod Residents 18C - Micro-Enterprise Assistance 30 FUNDING Total Program/Project Cost: $240,000 Amount Recommended: $240,000 Page 151 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 19 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Housing Department Community Housing Improvement Program CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Community Housing Improvement Program (CHIP) offers loan funds for eligible mobilehome and single-family homes owners to make health and safety related repairs. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Affordable Housing Low Moderate Clientele (LMC) General Low/Mod Residents 14A - Rehab; Single-Unit Res 9 FUNDING Total Program/Project Cost: $101,346 Amount Recommended: $101,346 Page 152 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 20 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Housing Department Housing Services CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This project enables the City to provide necessary services to unhoused and low-income households. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Affordable Housing Low Moderate Clientele (LMC) General Low/Mod Residents 14J - Housing Services 9 FUNDING Total Program/Project Cost: $75,000 Amount Recommended: $75,000 Page 153 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 21 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Housing Department Section 108 Loan CDBG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the debt service payment of the $9.5million Section 108 Loan, received in 2008 for the Castlepark Infrastructure Program. The project consisted of completion of 11 new streets, including: sidewalks, curbs, gutters, lighting and signage. This represents year fourteen of the twenty year term loan. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Capital Improvement Projects Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents 19-F (Planned Repayment of Section 108 Loan) N/A FUNDING Total Program/Project Cost: $682,450 Amount Recommended: $682,450 Page 154 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 22 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Project | Program: Grant Program: Chula Vista Housing Department ESG Planning and Administration ESG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the staff costs associated with the management and administration of Chula Vista's ESG program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): N/A N/A HUD Eligibility Matrix Code: 21-A (General Program Administration) Proposed Number to Serve: N/A FUNDING Total Program/Project Cost: $15,143 Amount Recommended: $15,143 Page 155 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 23 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Homeless Prevention Grant Program: ESG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Homeless Prevention Program combines outreach, assessment and housing placement through emergency shelter, hotel/motel vouchers during inclement weather, transitional housing, and rapid rehousing/tenant-based rental assistance. Through the expansion of these services, SBCS will be able to outreach, screen and assess more individuals/families, leading to greater rate of placement, and less time spent on the streets. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Homelessness: Project and Programs Low/Moderate Income Clientele: Homeless Homeless persons 05S - Rental Housing Subsidies 12 FUNDING Total Program/Project Cost: $141,833 Amount Recommended: $116,765 Page 156 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 24 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: SBCS Corporation Project | Program: ESG - Casa Nueva Vida Grant Program: ESG PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: SBCS’ Casa Nueva Vida I offers the only short-term shelter/housing program for homeless families (with children) in the South Bay region, including victims of domestic violence. Staff utilize a comprehensive strengths-based assessment and an individualized treatment plan, to include any number of services including case management, counseling, employment assistance, childcare, etc. so each client can work to re-establish a self-sufficient lifestyle free from homelessness. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Homelessness: Project and Programs Low/Moderate Income Clientele: Homeless Battered spouses 03T - Operating Costs (Homeless Programs) 100 FUNDING Total Program/Project Cost: $180,460 Amount Recommended: $70,000 Page 157 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 25 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: HOME Planning and Administration Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: Funds will be used for the staff costs associated with the management and administration of Chula Vista's HOME program. This includes preparation of the required planning documents, regulatory compliance, contract oversight of the partnering agencies, environmental reviews and fiscal management. Chula Vista Goal/Objective: Administration HUD National Objective (Target Population): N/A N/A HUD Eligibility Matrix Code: 21-A (General Program Administration) Proposed Number to Serve: N/A FUNDING Total Program/Project Cost: $89,492 Amount Recommended: $89,492 Page 158 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 26 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Production of Affordable Housing (CHDO Set Aside) Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: This is the City's required 15% HOME Community Housing Decelopment Organization (CHDO) set aside that will be used for the production of affordable housing. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Affordable Housing Presumed Low Moderate Income Clientele (PLMC) General Low/Mod Residents N/A N/A FUNDING Total Program/Project Cost: $134,238 Amount Recommended: $134,238 Page 159 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 27 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: Chula Vista Housing Department Project | Program: Tenant Based Rental Assistance Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The Tenant Based Rental Assistance Program (TBRA) will provide low income Chula Vista families (at or below 60% AMI), including those who are homeless/at-risk of homelessness, and those experiencing domestic violence through a combination of rental assistance, intensive case management, and supportive services to assist them to attain safe, stable housing and economic self-sufficiency. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Homelessness: Project and Programs Low/Moderate Income Clientele: Homeless Homeless persons 5S – Rental Housing Subsidies 21 FUNDING Total Program/Project Cost: $271,187 Amount Recommended: $271,187 Page 160 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Application Tab #: 28 2024-2025 Federal Grant Funding Application Executive Summary APPLICANT INFORMATION Applicant: SBCS Corporation Project | Program: Tenant Based Rental Assistance Grant Program: HOME PROJECT INFORMATION AND ELIGIBILITY Project | Program Description: The SBCS Tenant Based Rental Assistance Program (TBRA) will provide low income Chula Vista families (at or below 60% AMI), including those who are homeless/at-risk of homelessness, and those experiencing domestic violence through a combination of rental assistance, intensive case management, and supportive services to assist them to attain safe, stable housing and economic self-sufficiency. Chula Vista Goal/Objective: HUD National Objective (Target Population): HUD Eligibility Matrix Code: Proposed Number to Serve: Homelessness: Project and Programs Low/Moderate Income Clientele: Homeless Homeless persons 5S – Rental Housing Subsidies 46 FUNDING Total Program/Project Cost: $450,152 Amount Recommended: $400,000 Page 161 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 7.1 Public Hearing: HUD Federal 2024-2025 Grants Programs Presented by: Dania Gonzalez,Principal Management Analyst Mark Barnard, Management Analyst II Page 162 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES •Solicit public input on Chula Vista’s housing and community development needs and 2024/25 HUD Entitlement Grant Annual Action Plan •Provide Funding Recommendations for Program Year 2024/25 and open for public comment Purpose of Public Hearing Page 163 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Total: $3,418,050 (Combined) Entitlement Block Grant CDBG HOME ESG Page 164 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES 5-Year Consolidated Plan: Priorities Homelessness • Shelter Operations • Homeless Prevention • Homeless Outreach • Homeless Supportive Services Social Service Programs Public Services to Low/Moderate Income including the following population: • Homeless Veterans; Youth; Seniors; Victims of Domestic Violence; Special Needs/Disabled Capital Improvement and Public Facilities • ADA Improvements • New Streets and Sidewalks • Public Facility Improvements Economic Development • Business Financial Assistance Programs • Business Technical Assistance • Job Training and Placement Affordable Housing • New Construction • Acquisition/Rehabilitation • First-Time Homebuyer Assistance • Tenant-Based Rental Assistance Page 165 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Timeline DATE ACTION February 1,2024 Notice of Funding Availability (NOFA)Release February 26,2024 Closes at the end of business day Applicant Question and Answer Period Submit to:mbarnard@chulavistaca.gov March 1,2024 No later than 4:00 pm Application Deadline March 1 –March 15,2024 Application Review Period April 9,2024 at 5:00 pm City Council Public Hearing City of Chula Vista;276 Fourth Avenue;Council Chambers April 3 -May 3,2024 30-Day Public Review Period Draft 2024/25 Annual Action Plan is made available to the public for public review and comments May 7,2024 City Council Final Action Plan is approved by Council City of Chula Vista Housing Office 276 Fourth Avenue,City Council Chambers May 15,2024 Final Action Plan submission to HUD July 1,2024 Implementation of 2024/2025 Annual Action Plan Page 166 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Recommendations: Summary Community Development Block Grant (CDBG) CDBG Administration and Planning (20%)$464,245 Public Services (15%)$348,184 Capital Improvement and Housing $828,346 Section 108 Loan Payment $682,450 Subtotal $2,321,225 Home Investment Partnerships Act (HOME) HOME Planning and Administration $89,492 Chula Vista Tenant Based Rental Assistance $400,000 SBCS Tenant Based Rental Assistance $271,188 Production of Affordable Housing (CHDO Set Aside)$134,238 Subtotal $894,917 Emergency Solutions Grant (ESG) ESG Administration and Planning $15,143 Shelter Services $70,000 Homeless Prevention $116,765 Subtotal $201,908 TOTAL CDBG, HOME and ESG $3,418,050 Page 167 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Recommendations: CDBG –Public Service (15%) APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Elementary School District Family Resource Center Emergency & Basic Services $ 25,000 Chula Vista Housing Department Hotel/Motel Voucher Program $ 11,184 City of Chula Vista Parks and Rec Norman Park Senior Center $ 30,000 City of Chula Vista Parks and Rec Therapeutic Recreation Programs for Adults with Severe Disabilities $ 20,000 Family Health Centers of San Diego Family Health Centers of San Diego Mobile Medical Services $ 30,000 Jacobs & Cushman San Diego Food Bank Food for Kids Backpack Program $ 15,000 Mama's Kitchen Home-Delivered Meal Service $ 10,000 McAlister Institute Work for Hope $ 60,000 Meals-on-Wheels Greater San Diego Senior Meal Delivery & Accompanying Services $ 25,000 SBCS Corporation Family Violence Support Services $ 40,000 SBCS Corporation Homeless Services $ 40,000 SBCS Corporation South Bay Food Program $ 11,000 Voices for Children Court Appointed Special Advocate (CASA) Program $ 15,000 Interfaith Shelter Network of San Diego Rotational Shelter Program $ 16,000 Subtotal $ 348,184 Page 168 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Recommendations: CDBG –Capital Improvement Projects APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Engineering Division 3rd Avenue $ 410,000 Upwards BOOST (Business Operations & Optimization Tools)$ 240,000 Chula Vista Housing Department Community Housing Improvement Program $ 101,346 Chula Vista Housing Department Housing Services $ 75,000 Chula Vista Housing Department Section 108 Loan $ 682,450 Subtotal $ 1,508,796 3rd Avenue Improvement Project Page 169 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Recommendations: ESG & HOME APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Housing Department ESG Planning and Administration $ 15,143 Chula Vista Housing Department Homeless Prevention $ 116,765 SBCS Corporation ESG -Casa Nueva Vida $ 70,000 APPLICANT PROGRAM RECOMMENDED FUNDING Chula Vista Housing Department HOME Planning and Administration $ 89,492 Chula Vista Housing Department Production of Affordable Housing (15% CHDO Set Aside)$ 134,238 Chula Vista Housing Department Tenant Based Rental Assistance $ 271,188 SBCS Corporation Tenant Based Rental Assistance $ 400,000 ESG Recommendations HOME Recommendations Page 170 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Next Steps Public Comment Period (April 3rd –May 3rd, 2024) Prepare final 2024/2025 Annual Action Plan Return to Council in May for Action Plan approval and submittal to HUD Submit final 2024/2025 Annual Action to HUD Page 171 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda HOUSING & HOMELESS SERVICES Public Hearing 2024-2025 HUD Federal Grant Programs Page 172 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed-Use Zone Report Number: 24-0088 Location: Generally, north of Birch Road, east of State Route 125 (“SR-125”), south of Olympic Parkway, and west of Eastlake Parkway Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; certified by City Council Resolution No. 2003-131 on April 1, 2003). Recommended Action Conduct a public hearing and place an ordinance on first reading approving amendments to the Planned Community District Regulations contained within the Otay Ranch Freeway Commercial SPA Plan. (First Reading) SUMMARY PA-12A, LLC (“Applicant”) proposes to amend the development regulations governing the Otay Ranch Freeway Commercial Sectional Planning Area to add medical offices as a permitted use within the C/MU (Commercial Mixed-Use) zone and authorize the Zoning Administrator to approve certain modifications to previously approved Design Review permits, via a Substantial Conformance Review process (“Project”). No new development is proposed with these proposed amendments, as this is a change to the regulations within the Freeway Commercial Sectional Planning Area Plan. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously Page 173 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On February 28, 2024, the Planning Commission voted 7-0 to adopt Resolution No. 2024-03, recommending that the City Council adopt an Ordinance approving the proposed amendments (Attachment 1). DISCUSSION Background The Otay Ranch Freeway Commercial Sectional Planning Area (SPA) is generally located north of Birch Road, east of SR-125, south of Olympic Parkway, and west of Eastlake Parkway (Attachment 2). The subsequent paragraphs in this Section detail the SPA’s original approval and amendments made to the District Regulations and associated policy and CEQA documents. In September 2004, the Otay Ranch Freeway Commercial SPA Plan and Tentative Map were adopted, entitling approximately 1,214,000 square feet for commercial uses: 867,000 square feet in the southern FC- 1 District, and 347,000 square feet in the northern FC-2 District, otherwise referred to as Freeway Commercial North. In May 2015, the first amendment to the Otay Ranch Freeway Commercial SPA Plan and associated regulatory documents was approved, entitling the development of an additional 600 multifamily residential units, 15,000 square feet of ground-floor retail, a two-acre urban park, and two hotels, with 300 rooms total, within the northern FC-2 portion of the SPA, north of the Transit Guideway. In September 2016, a second amendment to the Otay Ranch Freeway Commercial SPA Plan and associated regulatory documents was approved, entitling and implementing the development concept of the General Plan and Otay Ranch General Development Plan (GDP) for a transit-oriented, mixed-use project in the northern FC-2 District. This amendment allowed for a total of 900 dwellings and 15,000 square feet of commercial development within the 36-acre FC-2 District. In July 2019, a third amendment to the Otay Ranch Freeway Commercial SPA Plan and associated regulatory documents was approved, entitling the development of 300 multi-family residential units within the northern FC-2 portion of the SPA, near the Transit Guideway. Proposed Amendments The proposed changes to the Otay Ranch Freeway Commercial SPA Plan (Attachment 3) would add medical offices as a permitted use within the C/MU (Commercial Mixed-Use) zone of the FC-2 District and authorize administrative approval of minor modifications to previously approved Design Review permits by the Zoning Administrator, via a Substantial Conformance Review process. Medical offices were previously not specified within the SPA’s land use regulations. This use will now be allowed by right but limited to a total of 3,500 square feet of gross floor area. The Applicant’s intent is to Page 174 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 attract a neighborhood-serving facility, which will be targeted to occupy the ground floor of a previously approved mixed-use development located along Town Center Drive. The use will complement uses already accommodated in the SPA, such as administrative and professional services offices, retail stores, fitness studios, barber/beauty shops, drugstores/pharmacies, restaurants, and daycares/nurseries. This type of facility was not considered in previous SPA amendments as it’s a relatively newer business model for medical offices. Additionally, the process to review certain modifications to previously approved Design Review permits will be streamlined to fall under the purview of the Zoning Administrator, via a Substantial Conformance Review process. This administrative process will reduce the overall review timeline for prior approved Design Review projects that fit within the below criteria. Such project modifications may include:  An increase in density, provided the resulting density does not exceed the maximum allowed by the land use district;  A change in setbacks or lot coverage;  A change in building height;  A change in the type and/or location of access-ways, drives, or parking areas;  A reduction of the area reserved for common open space; or  Changes to conditions of approval. The Zoning Administrator shall ensure any proposed modification complies with all applicable standards of the SPA Plan, is in substantial conformance with the adopted SPA Plan if the variation from the applicable standard is less than 10 percent and continues to comply with the original conditions of approval. Compliance with Council Policy No. 400-02 (Public Participation) The Applicant held a community meeting on January 12, 2024, at the Otay Ranch Branch Library located within the Otay Ranch Town Center at 2015 Birch Road. Approximately five (5) members of the public attended the meeting, along with two (2) representatives from the City’s Development Services Department. The Applicant provided an overview of the amendments and displayed exhibits showcasing the entire Plan Area and the proposed amendments. The public initially expressed concerns about adding medical offices as a permitted use, citing possible effects on existing traffic congestion and parking. The Applicant addressed these concerns by providing details about the use size limitation and the future building and street layout of the FC-2 District. Property owners and residents within 500 feet of the SPA were notified of the meeting by U.S. mail, which is the standard noticing requirement for development projects. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Page 175 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 4 Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of this action. All costs to process this request are borne by the Applicant. ONGOING FISCAL IMPACT There is no ongoing fiscal impact on the General Fund or the Development Services Fund as a result of this action. All costs to process this request are borne by the Applicant. ATTACHMENTS 1 – Planning Commission Resolution 2024-03 2 – Location Map 3 – Otay Ranch Freeway Commercial Sectional Planning Area Plan Amendments 4 – Disclosure Statement Staff Contact: Chris Mallec, AICP, Senior Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 176 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the area of land that is the subject of this Ordinance is represented in Exhibit 1, attached hereto and incorporated herein by this reference, and for the purpose of general description is bounded on the north of Birch Road, east of State Route 125 (“SR-125”), south of Olympic Parkway, and west of Eastlake Parkway (“Project Site”); and WHEREAS, on September 18, 2023, a duly verified application was filed with the City of Chula Vista by PA-12A, LLC (“Applicant”) requesting approval of amendments to the land use regulations for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan to add medical offices as a permitted use within the C/MU (Commercial Mixed-Use) zone and authorize the Zoning Administrator to approve certain modifications to previously approved Design Review permits (“Project”) (Exhibit 2); and WHEREAS, the Project is intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (“GDP”) to implement the City of Chula Vista General Plan for Eastern Chula Vista, to promote the orderly planning and long-term phased development of the Otay Ranch GDP, and to establish conditions that will enable the Otay Ranch Freeway Commercial SPA to exist in harmony within the community; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Therefore, 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, 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 within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, the hearing was held at 6pm on February 28, 2024, as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the Project; and WHEREAS, the City Clerk set the time and place for a hearing before the City Council on the Project, 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 within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and Page 177 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Ordinance No. Page 2 of 3 WHEREAS, a duly noticed public hearing was held before the City Council of the City of Chula Vista to approve the Project. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its February 28, 2024, public hearing and the Minutes and Resolution resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA The City Council hereby finds, based upon their independent review and judgement, that the adoption of the Ordinance approving amendments to the Planned Community District Regulations for the Project, are consistent with those land uses analyzed and described in FEIR 02-04 and would have no new effects that were not examined in said FEIR. III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial Planned Community District Regulations on file at the office of the City Clerk, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch GDP, and all other applicable plans and that the public necessity, convenience, general welfare, and good planning and zoning practice support their approval and implementation. IV. SEVERABILITY If any portion of this Ordinance or its application to any person or circumstance is for any reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the Ordinance be declared invalid, unenforceable, or unconstitutional. V. CONSTRUCTION The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law, and this Ordinance shall be construed in light of that intent. Page 178 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Ordinance No. Page 3 of 3 VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. PUBLICATION The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Exhibits: 1. Otay Ranch Freeway Commercial Location Map 2. Otay Ranch Freeway Commercial Planned Community District Regulations Page 179 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Attachment 3 RESOLUTION NO. 2024-03 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING APPROVAL OF AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, on September 18, 2023, a duly verified application was filed with the City of Chula Vista by PA-12A, LLC (“Applicant”) requesting approval of amendments to the land use regulations for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan to add medical offices as a permitted use within the C/MU (Commercial Mixed-use) zone and authorize the Zoning Administrator to approve certain modifications to previously approved Design Review permits (“Project”); and WHEREAS, the area of land that is the subject of this Resolution is generally bounded on the north of Birch Road, east of State Route 125 (SR-125), south of Olympic Parkway, and west of Eastlake Parkway (“Project Site”); and WHEREAS, the Project is intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (“GDP”) to implement the City of Chula Vista General Plan for Eastern Chula Vista, to promote the orderly planning and long-term phased development of the Otay Ranch GDP, and to establish conditions that will enable the Otay Ranch Freeway Commercial SPA to exist in harmony within the community; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Therefore, 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, 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 within 500 feet of the exterior boundaries of the property at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials and the Staff recommendation for approval of the Project, the hearing was held before the Planning Commission at 6:00 p.m. on Wednesday, February 28, 2024, in the Chula Vista City Council Chambers, 276 Fourth Avenue, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: DocuSign Envelope ID: 0CECE8D2-3F20-4E92-9C71-640DEF7EB583 Page 180 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda PC Resolution No. 2024-03 Page 2 of 3 I. SECTIONAL PLANNING AREA FINDINGS The proposed Sectional Planning Area plan, as amended, is in conformity with the Otay Ranch General Development Plan, as amended, any adopted specific plans, and the Chula Vista General Plan, as amended, and its several elements. The addition of medical offices as a permitted use is consistent with other permitted commercial uses already specified within the Otay Ranch Freeway Commercial SPA Plan and is consistent with the intent of the General Plan Land Use Designations of Retail Commercial and Mixed Use Residential, as well as the Otay Ranch GDP designations of Freeway Commercial and Mixed Use. In addition, an administrative process to modify previously approved Design Review permits is consistent with the City’s relevant adopted plans established to streamline the development review process. Modifications shall comply with all applicable standards of the Otay Ranch Freeway Commercial SPA Plan. The proposed Sectional Planning Area plan, as amended, would promote the orderly, sequentialized development of the involved Sectional Planning Area. The addition of medical offices as a permitted use is consistent with other permitted commercial uses under the Otay Ranch Freeway Commercial SPA Plan, and establishing an administrative review process for most Design Review permit modifications will continue to promote the orderly, sequential development of the Otay Ranch Freeway Commercial SPA Plan. Any proposed modifications shall comply with all applicable standards of the SPA Plan. The proposed Sectional Planning Area plan, as amended, would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The Project will not adversely affect the overall land uses as previously envisioned in the Otay Ranch GDP and Otay Ranch Freeway Commercial SPA Plan. Additionally, it has been determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista, after hearing public testimony and the Staff presentation, and after reviewing all of the subject documents, hereby recommends that the City Council adopt the attached draft Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein and that a copy of this Resolution and the draft Ordinance be transmitted to the City Council. II. 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 DocuSign Envelope ID: 0CECE8D2-3F20-4E92-9C71-640DEF7EB583 Page 181 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda PC Resolution No. 2024-03 Page 3 of 3 the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of February 2024, by the following vote, to-wit; AYES: Burroughs, Combs, Felber, Leal, Torres, Zaker, De La Rosa NOES: ABSENT: ABSTAIN: Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Secretary DocuSign Envelope ID: 0CECE8D2-3F20-4E92-9C71-640DEF7EB583 Page 182 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPA23-0005 Page 183 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda PC DISTRICT REGULATIONS Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Adopted April 1, 2003 by Resolution No. 2003-132, Ordinance No. 2903 Amended September 21, 2004 by Resolution No. 2004-300, Ordinance No. 2977 Amended by Resolution No. 2016-187 on September 13, 2016 and Adopted by Ordinance No. 3376 on September 20, 2016 Amended by Resolution No. 2019-214 on June 18, 2019 and Adopted by Ordinance No. 2459 on July 23, 2019 Amended by Resolution No. 2024-XXXon [date] and Adopted by Ordinance No. XXX on [date] Project Sponsor: Baldwin & Sons 610 West Ash, Suite 1500 San Diego, CA 92101 Contact: Nick Lee (619) 234-4050 Prepared by: Cinti Land Planning PO 439030, PMB 101 San Diego, CA 92143 Contact: Gary P. Cinti (619) 223-7408 gary@cinti.com Page 184 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ii OTAY RANCH FREEWAY COMMERCIAL SPA PLANNED COMMUNITY DISTRICT REGULATIONS TABLE OF CONTENTS SECTION PAGE I. General Provisions .................................................................................................................... 1 A. Purpose & Scope ............................................................................................................... 1 B. Private Agreements ........................................................................................................... 1 C. Conflicting Ordinances ..................................................................................................... 1 D. Establishment of Land Use Districts ................................................................................. 1 1. Adoption of Land Use Districts Map ........................................................................ 2 2. Amendments to the Land Use Districts Map ............................................................ 2 E. Clarification of Ambiguity ................................................................................................ 2 F. Effect of Regulations ......................................................................................................... 3 G. Definitions of Terms ......................................................................................................... 3 II. Land Use Districts Map ............................................................................................................ 4 A. District Boundaries ............................................................................................................ 4 III. Freeway Commercial District .................................................................................................... 6 A. Purpose .............................................................................................................................. 6 B. Permitted & Conditional Uses ........................................................................................... 7 C. Accessory Uses & Buildings ........................................................................................... 11 D. Sign Regulations .............................................................................................................. 11 1. Sign Permit Exceptions ........................................................................................... 11 2. Prohibited Signs & Lighting ................................................................................... 14 3. Signs Permitted ....................................................................................................... 15 4. Signs Relating to Inoperative Activities ................................................................. 16 5. Enforcement, Legal Procedures & Penalties ........................................................... 17 6. Construction & Maintenance .................................................................................. 17 7. Design Standards..................................................................................................... 17 8. Landscaping ............................................................................................................ 18 9. Illumination & Motion ............................................................................................ 18 10. Sign Copy ............................................................................................................... 18 11. Relationship to Streets ............................................................................................ 18 12. Design Review & Approval .................................................................................... 18 E. Property Development Standards .................................................................................... 19 1. General Requirements ............................................................................................. 19 a) Standards for Commercial Use Districts (FC-1 and Hotel) .................................... 19 b) Standards for Residential and Mixed-Use District ................................................. 20 2. Additional Requirements ........................................................................................ 23 3. Special Requirements .............................................................................................. 23 Page 185 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda iii F. Parking & Loading Facilities ......................................................................................... 26 1. Size and Access Requirements ................................................................................ 26 2. Number of Spaces Required for Designated Land Use .......................................... 28 3. Loading Facilities .................................................................................................... 31 4. General Provisions .................................................................................................. 32 5. Parking Screening Requirements ............................................................................ 33 6. Parking Area Landscaping ...................................................................................... 33 7. Parking Area Lighting ............................................................................................. 33 G. Outdoor Storage & Sales Areas ...................................................................................... 33 H. Trash Storage & Recycling Facilities .............................................................................. 34 I. Wall Requirements ........................................................................................................... 35 J. Landscaping ..................................................................................................................... 35 K. Performance Standards .................................................................................................... 35 L. Park and Ride Facilities................................................................................................... 37 IV. Special Uses & Conditions ..................................................................................................... 38 A. Purpose ............................................................................................................................ 38 B. Temporary Uses & Special Events ................................................................................. 38 1. Purpose .................................................................................................................... 38 2. Temporary Uses Listed ........................................................................................... 38 3. Permits & Bonds .................................................................................................... 39 4. Extension or Modification of Limits ...................................................................... 39 5. Condition of Site Following Temporary Use .......................................................... 39 6. Fee ........................................................................................................................... 39 C. Recreational Facilities ..................................................................................................... 39 V. Legislative Procedures ............................................................................................................ 43 A. Purpose ............................................................................................................................ 43 B. Adoption of Planned Community District Regulations .................................................. 43 C. Amendments .................................................................................................................... 43 VI. Administrative Procedures, Conditional Uses & Variances .................................................... 44 A. Purpose & Intent.............................................................................................................. 44 B. Zoning Administrator - Authority ................................................................................... 44 C. PLANNING COMMISSION ......................................................................................... 48 D. Planning Commission - Appeals Procedure .................................................................... 49 E. Site Plan & Architectural Approval ................................................................................ 49 F. Site Plan & Architectural - Appeals ................................................................................ 51 G. Conditional Use Permit ................................................................................................... 52 H. Conditional Use Permit - Appeals................................................................................... 53 I. Variance ........................................................................................................................... 53 J. Variance - Appeals .......................................................................................................... 54 VII. Exceptions & Modifications .................................................................................................... 56 A. Height Limitation Exceptions ......................................................................................... 56 Page 186 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda iv B. Projections into Required Yard Permitted ...................................................................... 56 VIII. ENFORCEMENT .................................................................................................................. 57 A. Enforcement by City Officials ........................................................................................ 57 B. Actions Deemed Nuisance............................................................................................... 57 C. Remedies ......................................................................................................................... 57 D. Penalties ........................................................................................................................... 57 I. General Provisions ................................................................................................................... 1 A. Purpose & Scope ............................................................................................................... 1 B. Private Agreements............................................................................................................ 1 C. Conflicting Ordinances ..................................................................................................... 1 D. Establishment of Land Use Districts .............................................................................. 2 1. Adoption of Land Use Districts Map ........................................................................ 2 2. Amendments to the Land Use Districts Map............................................................ 2 E. Clarification of Ambiguity ................................................................................................ 2 F. Effect of Regulations ......................................................................................................... 3 G. Definitions of Terms ......................................................................................................... 3 II. Land Use Districts Map ............................................................................................................. 4 A. District Boundaries ............................................................................................................ 4 III. Freeway Commercial District ................................................................................................... 6 A. Purpose .............................................................................................................................. 6 B. Permitted & Conditional Uses .......................................................................................... 7 C. Accessory Uses & Buildings ........................................................................................... 11 D. Sign Regulations .............................................................................................................. 11 1. Sign Permit Exceptions ........................................................................................... 11 2. Prohibited Signs & Lighting ................................................................................... 14 3. Signs Permitted ....................................................................................................... 15 4. Signs Relating to Inoperative Activities ................................................................. 17 5. Enforcement, Legal Procedures & Penalties ........................................................... 17 6. Construction & Maintenance .................................................................................. 17 7. Design Standards..................................................................................................... 17 8. Landscaping ............................................................................................................ 18 9. Illumination & Motion ........................................................................................... 18 10. Sign Copy ............................................................................................................... 18 11. Relationship to Streets ............................................................................................ 19 12. Design Review & Approval .................................................................................... 19 E. Property Development Standards .................................................................................... 19 1. General Requirements ............................................................................................. 19 a) Standards for Commercial Use Districts (FC-1 and Hotel) .................................... 19 b) Standards for Residential and Mixed-Use District ................................................. 20 2. Additional Requirements ........................................................................................ 23 3. Special Requirements .............................................................................................. 23 Page 187 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v F. Parking & Loading Facilities ......................................................................................... 26 1. Size and Access Requirements ................................................................................ 26 2. Number of Spaces Required for Designated Land Use .......................................... 28 3. Loading Facilities .................................................................................................... 31 4. General Provisions .................................................................................................. 32 5. Parking Screening Requirements ............................................................................ 33 6. Parking Area Landscaping ...................................................................................... 33 7. Parking Area Lighting............................................................................................. 33 G. Outdoor Storage & Sales Areas ...................................................................................... 34 H. Trash Storage & Recycling Facilities .............................................................................. 34 I. Wall Requirements ........................................................................................................... 35 J. Landscaping ..................................................................................................................... 35 K. Performance Standards.................................................................................................... 35 L. Park and Ride Facilities................................................................................................... 37 IV. Special Uses & Conditions ...................................................................................................... 38 A. Purpose ............................................................................................................................ 38 B. Temporary Uses & Special Events ................................................................................. 38 1. Purpose .................................................................................................................... 38 2. Temporary Uses Listed ........................................................................................... 38 3. Permits & Bonds .................................................................................................... 39 4. Extension or Modification of Limits ...................................................................... 39 5. Condition of Site Following Temporary Use ......................................................... 39 6. Fee ........................................................................................................................... 39 C. Recreational Facilities ..................................................................................................... 39 V. Legislative Procedures ............................................................................................................. 43 A. Purpose ............................................................................................................................ 43 B. Adoption of Planned Community District Regulations................................................... 43 C. Amendments .................................................................................................................... 43 VI. Administrative Procedures, Conditional Uses & Variances .................................................... 44 A. Purpose & Intent.............................................................................................................. 44 B. Zoning Administrator - Authority ................................................................................... 44 C. Planning Commission ..................................................................................................... 48 D. Planning Commission - Appeals Procedure .................................................................... 48 E. Site Plan & Architectural Approval ................................................................................ 49 F. Site Plan & Architectural - Appeals ................................................................................ 51 G. Conditional Use Permit ................................................................................................... 52 H. Conditional Use Permit - Appeals................................................................................... 52 I. Variance ........................................................................................................................... 53 J. Variance - Appeals .......................................................................................................... 54 VII. Exceptions & Modifications .................................................................................................... 55 A. Height Limitation Exceptions ......................................................................................... 55 B. Projections into Required Yard Permitted ....................................................................... 55 VIII. ENFORCEMENT .................................................................................................................... 56 A. Enforcement by City Officials ........................................................................................ 56 B. Actions Deemed Nuisance............................................................................................... 56 C. Remedies ......................................................................................................................... 56 Page 188 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda vi D. Penalties ......................................................................................................................... 56 LIST OF EXHIBITS EXHIBIT PAGE Exhibit PC-1 ..................................................................................................................................... 5 Exhibit PC-2 .................................................................................................................................... 25 LIST OF TABLES TABLE PAGE Table A. Commercial Property Development Standards ................................................................ 20 Table B. Residential and Mixed-Use Development Standards ...................................................... 21 Table C. Parking Requirements ....................................................................................................... 29 Table D. Required Handicapped Parking ........................................................................................ 30 Page 189 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda GENERAL PROVISIONS 1 OTAY RANCH FREEWAY COMMERCIAL SPA PLANNED COMMUNITY DISTRICT REGULATIONS I. General Provisions A. PURPOSE & SCOPE For the purpose of promoting and protecting the public health, safety and welfare of the people of the city of Chula Vista, to safeguard and enhance the appearance and quality of development in the Freeway Commercial Sectional Planning Area (SPA) of the Otay Ranch General Development Plan (GDP) area, and to provide the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, these Planned Community (PC) District Regulations defining land use districts and regulations within those districts are hereby established and adopted pursuant to Title 19 (Zoning Ordinance) of the Chula Vista Municipal Code (CVMC), specifically Chapter 19.48 P -C Planned Community Zone. The Freeway Commercial Planned Community District Regulations are intended to: • Ensure that the SPA Plan is prepared and implemented in accordance with the provisions of the Otay Ranch GDP. • Implement the Chula Vista General Plan for the Eastern Territories. • Promote the orderly planning and long-term phased development of the Freeway Commercial portion of the Otay Ranch GDP area. • Establish conditions which will enable the Freeway Commercial SPA to exist in harmony within the larger community. B. PRIVATE AGREEMENTS The provisions of this ordinance these regulations are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions contained within this ordinance these regulations. C. CONFLICTING ORDINANCES Whenever the provisions of these regulations this ordinance impose more, or less, restrictive regulations upon construction or use of buildings and structures, or the use of lands/premises than are imposed or required by other ordinances/plans previously adopted, the provisions of these regulations this ordinance or regulations promulgated hereunder shall apply. D. ESTABLISHMENT OF LAND USE DISTRICTS Page 190 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda GENERAL PROVISIONS 2 In order to classify, regulate, restrict and separate the use of land, buildings and structures, and to regulate and limit the type, height and bulk of buildings and structures in the various districts, and to establish the setback areas and other open space areas abutting and between buildings and structures, and to regulate the density of population, the Freeway Commercial SPA is hereby divided into the following Land Use Districts: FREEWAY COMMERCIAL SPA LAND USE DISTRICTS DEFINITIONS SYMBOL DEFINITION FC-1 Freeway Commercial: District which permits regional uses which require an automobile orientation near regional transportation systems, including, but not limited to thoroughfare commercial, visitor commercial, and regionally oriented retail and service commercial uses. FC-1 additionally permits major (>500,000 square feet) regional retail facilities. FC-2 Freeway Commercial North (FC-2) is divided into three sub-categories. H is primarily intended to contain hotels. RM is primarily intended for multi-family residential in an urban character with a urban park provided at the core of the planning area. C/MU and R/MU are primarily intended to contain mixed-use multi-family residential and commercial. 1. Adoption of Land Use Districts Map Land Use Districts and boundaries are established and adopted as shown, delineated and designated on the Freeway Commercial SPA Land Use Districts Map (see Exhibit PC-1) of the city of Chula Vista and San Diego County. This map, together with all notations, references, data, district boundaries and other information thereon, is made a part of these Freeway Commercial SPA Planned Community District Regulations and adopted concurrently here with. 2. Amendments to the Land Use Districts Map Changes to the boundaries of the land use districts shall be made by Ordinance and shall be reflected on the Freeway Commercial SPA Official Land Use Districts Map, as provided in Section VI.C herein. Minor changes resulting on the basis of an approval of a tentative or final map may be made to the Land Use Districts Map as an administrative matter. E. CLARIFICATION OF AMBIGUITY If ambiguity arises concerning the proper classification of a particular land use within the meaning and intent of these regulationsthis Ordinance, or if ambiguity exists with respect to height, setback requirements, area requirements or land use district boundaries as set forth herein, it shall be the duty of the Zoning Administrator to ascertain all pertinent facts concerning such ambiguity and forward said findings and recommendations to the Planning Commission, or on appeal, to the City Council. If approved by the Commission, or on appeal, by the City Council, the established interpretation shall govern thereafter. Page 191 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda GENERAL PROVISIONS 3 Should any provision of these regulations conflict with the regulations of the Municipal Code, the requirements herein shall apply. F. EFFECT OF REGULATIONS The provisions of these regulations this Ordinance governing the use of land, buildings, structures, the size of setbacks abutting buildings and structures, the height and bulk of buildings, standards of performance, and other provisions are hereby declared to be in effect upon all land included within the boundaries of each and every land use district established by these regulationsthis Ordinance. G. DEFINITIONS OF TERMS For the purposes of these regulationsthis ordinance, certain words, phrases and terms used herein shall have the meaning, assigned to them by Title 19 of the City of Chula Vista Municipal Code. When consistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive. Any aspect of land use regulation within the Freeway Commercial SPA not covered by these district regulations or subsequent plan approvals, shall be regulated by the applicable chapter of the CVMC. The following specific definitions are provided for the Freeway Commercial SPA: 1. Floor Area Ratio (FAR): The total Floor Area of FC-1, divided by the total site area in FC-1, excluding the enhancement buffer. 2. Major Regional Retail Facility: A retail complex serving the broader regional and consisting of at least 500,000 square feet of retail facilities. 3. Floor Area for Major Regional Retail Facility: The total floor area of buildings, including customer sales, service and storage areas, excluding: covered or screened delivery areas; transit shelters; kiosks; cart sales areas; building walls and architectural projections; mechanical rooms; covered or screened refuge disposal areas; covered patios; maintenance rooms; fire corridors; an d, sign structures. 4. Enhancement Buffer (measurement): An area seventy-five feet from the curb line of EastLake Parkway and Birch Road, excluding therefrom: entry streets and drives; acceleration and deceleration lanes; and, the right-of-way for SR-125. The buffer may be reduced to 30 feet along Olympic Parkway. Page 192 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda LAND USE DISTRICTS MAP 4 II. Land Use Districts Map This chapter consists of the Land Use Districts (Zoning) Map for Freeway Commercial SPA included in a reduced form as Exhibit PC-1. The original Freeway Commercial SPA Official Land Use Districts Map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said map shall also be filed with the City Planning Department. A. DISTRICT BOUNDARIES The land use district boundaries shown on the map coincide with proposed streets, alleys, driveways, parking bays, or lot lines. Minor amendments to these boundaries resulting from the relocation of a boundary street, alley or lot line by the approval of a tentative or final subdivision map shall be incorporated in the Land Use Districts Map as an administrative matter. Page 193 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda LAND USE DISTRICTS MAP 5 EXHIBIT PC-1 Page 194 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 6 III. Freeway Commercial District A. PURPOSE The Freeway Commercial SPA is designated with Freeway Commercial and Residential Land Uses in the Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional automobile-oriented commercial uses, complementing the Eastern Urban Center, adjacent to the south, which is to serve as a more pedestrian-oriented, mixed-use focal pointfor the Otay Ranch community. The SPA’s location adjacent to the SR-125 freeway and surrounded by arterial roads, while also served by the SANDAG transit line, allows it to provide a unique mix of regionally oriented commercial uses. Two commercial land use districts, Freeway Commercial (FC-1 & FC-2), are designated to accommodate these uses. A portion of FC-2 has been designated as RM and R/MU, which permits residential uses to provide walkable, transit-oriented housing opportunities. The Freeway Commercial District is included in these Planned Community District Regulations to achieve the following: • To provide an area for retail stores and service establishments offering commodities and services required by residents onsite and within surrounding communities and the South County region. • To provide an integrated mixture of walkable transit -served commercial and residential uses. • To provide appropriate development standards for retail commercial, residential, and support facilities; • To encourage retail and service commercial uses, and related support uses, to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other. • To provide adequate space to meet the needs of modern commercial activity, including off- street parking and loading areas. • To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them. • To promote high standards of site planning, architectural and landscape design for developments which have a mix of commercial and residential uses within the city of Chula Vista. Page 195 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 7 B. PERMITTED & CONDITIONAL USES The following uses shall be permitted where the symbol “P” appears and shall be permitted subject to a Conditional Use Permit where the symbol “C” appears. Uses where the symbol “N” appears shall not be permitted. PERMITTED USE MATRIX – FREEWAY COMMERCIAL DISTRICT 1 P = permitted; C=Conditional use permit; N= not permitted 2 Medicaloffice use is limited to maximum 3,500 square feet of gross floor area. 3 Refer also to Section III-K-13, herein. LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Administrative and professional services: Business or professional office P P N N P Financial institution or office P P N N P Medical, dental & health services and offices (including laboratories) P N N N N P2 Real estate sales office P P P P P General commercial uses: Antique shop (no outdoor storage) P P N N P Apparel store P P N N P Appliance store, including repair (no outdoor storage) P N N N N Arcade and electronic games (subject to chapter 19.58 CVMC) 3 C P N N C Art, music or photographic studio or supply store P P N N P Athletic and health club P P N N P Automobile and/or truck services and car wash facilities (subject to chapter 19.58 CVMC) C N N N N Bakery, retail P P N N P Barber and beauty shop P P N N P Bicycle shop, non-motorized P P N N P Printing and photocopy services P P N N P Books, gifts and stationery store P P N N P Candy store or confectioner P P N N P Catering establishment P P N N N Cleaners P P N N P Cocktail lounge, bar or tavern, including related entertainment C C N N C Page 196 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 8 LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Commercial recreation facilities not otherwise listed (subject to chapter 19.58 CVMC) C C N N C Electronics store, including sales and repair P N N N P Equipment rental (enclosed in building) P N N N N Fast food restaurants with drive-in or drive-through (subject to Chapter 19.58 CVMC) P C N N N Fast food restaurants without drive-in or drive-through P N N N N Food Trucks (Walk up mobile food restaurant) N P N N P Florist shop P P N N P Food store, Specialty Market (<40,000 square feet. P C N N C Drug store, pharmacy P P N N P Furniture, carpet or home furnishings store P N N N N Gasoline service station (subject to Chapter 19.58 CVMC) C C N N C Hardware or home improvement store P N N N P Hobby shop P P N N P Hotel or motel (subject to Chapter 19.58 CVMC) P P N N P Jewelry store P P N N P Junior department or department store, discount or membership department store P N N N N Kiosk, including photo sales, located in parking lot P P N N P Kiosk, including photo sales, located in plaza area P P N N P Laundry (coin-operated) P P P P N Liquor store, package off-sale C N N N C Newspaper and magazine store, including printing and publishing P P N N P Nursery or garden supply store in enclosed area P N N N P Page 197 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 9 LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Office supplies/stationery store P N N N P Outdoor sales and display (subject to Chapter 19.58 CVMC) P N N N P Parking facilities, commercial (subject to Chapter 19.58 CVMC) P P N N P Pet store, pet supplies and services including grooming (no boarding) P N N N P Printing shop P P N N P Recycling collection center (subject to Chapter 19.58 CVMC) P N N N N Restaurant serving alcoholic beverages with live entertainment or dancing C C N N N Restaurant with cocktail lounge or bar serving alcoholic beverages P P N N C Restaurant with incidental serving of beer/wine but without cocktail lounge, bar, entertainment or dancing P P N N C Restaurant, coffee shop, delicatessen P P N N P Restaurant, drive-through P C N N N Retail, wholesale, including membership stores and manufacturer's outlets which require extensive floor areas for the storage and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers or manufacturer's outlets P N N N N Retail store or shop P P N N P Snack bar or refreshment stand contained within a building P P N N P Stamp and/or coin shop P P N N P Stores, shops and offices supplying commodities or performing services for the residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises P N N N P Swimming pool supply store P N N N N Page 198 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 10 LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Television, stereo, radio store, including sales and repair P N N N N Theater, movie, multiplex C N N N N Tire sales and service P N N N N Travel agency P N N N P Veterinary office and/or animal hospital C N N N N Public and Semi-Public Uses: Assembly Uses N N N N N Day nursery, daycare school or nursery school (for profit) P P N N P Day nursery, daycare school or nursery school (non-profit) N P N N P Educational institution C C N N C Public utility and/or public service sub-station, reservoir, pumping plant and similar installation C C C C C Public Park NA P P P P Outdoor recreational facilities, including but not limited to: tennis and swim clubs, basketball, racquetball and handball courts C C P P C Residential Uses: Single Family Detached Residential N N N N N Multi-family Residential N N P P P Residential Care Facilities and Housing for Seniors N N N N N Temporary Uses: Subject to the provisions of Section VI.B P P P P P Other Uses: Unclassified uses (subject to Chapter 19.54 CVMC) C P C C C Page 199 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 11 C. ACCESSORY USES & BUILDINGS Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed subject to the requirements of Chapter 19.58 CVMC. Roof mounted satellite dishes shall be permitted as accessory structures subject to the following standards or conditions: • The dish shall be screened using appropriate matching architectural materials or parapet walls; • Dishes shall be of a neutral color, match the building, or as otherwise approved by the Planning Director; • A building permit shall be required; and, • No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. D. SIGN REGULATIONS No person, except a public officer or employee in performance of a public duty, shall post, paint, erect, place or otherwise fasten any sign, pennant or notice of any kind, visible from a public street except as provided herein. To ensure compliance with this section, a sign permit shall be required for any sign, pursuant to Chapter Section 19.60.030 of the Chula Vista Municipal Code, except as provided by the following. The following provisions that refer to type, size and content of the sign are only guidelines, but shall no t restrict any First Amendment rights to speech. 1. Sign Permit Exceptions The following signs shall be exempt from the sign permit requirements, however an electrical and/or building permit may be required. Any signage in excess of the specific exemptions listed below is prohibited: a. Real Estate Kiosk Signs: Signs installed pursuant to a Real Estate Kiosk Program sanctioned by the city of Chula Vista. b. Political Signs: Signs having to do with any issue, ballot measure, political statements and expressions, or candidate in any municipal, County, State or Federal election shall be permitted.  All political signs shall be placed, erected, constructed, painted or assembled no earlier than thirty calendar days prior to the election and shall be removed no later than ten calendar days following the date of the election.  A political sign shall not exceed five square feet in total area for one side in a residential district, and twelve square feet in a commercial district. Double- faced signs shall not exceed five square feet per side in residential districts and Page 200 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 12 twelve square feet per side in commercial districts. No signs shall be placed in a manner that would obstruct the visibility of, or impede pedestrian or vehicular traffic, or endanger the health, safety, or welfare of the community.  All political signs shall not exceed an overall height of six feet from the finished grade immediately around the sign.  No political sign shall be lighted either directly or indirectly unless said sign is erected, painted, or constructed on an authorized structure already providing illumination.  No political sign shall be placed or affixed to a traffic signal, street light, tree, fence, utility pole or existing sign, nor shall it be posted on any public property or in the right-of-way if, in the opinion of the Zoning Administrator, said sign impedes or renders dangerous public access to any public improvement, including but not limited to, utility poles and fire hydrants; or obstructs the vision of any sign designed to regulate, control or assist public or private transportation or obstructs the vision of any user of a public right -of-way.  No political sign shall be posted in violation of any provisions of this section. Further, the Zoning Administrator or his designated representative shall have the right to remove all signs placed contrary to the provisions of this section. Any political sign placed on private property without the consent of the owner may be removed by said owner or representative of said owner. c. Temporary Subdivision Signage: Temporary billboards, directional signs and staff-mounted flags are allowed in FC-2, as shown in Master Precise Plan. Such signs shall be for the identification of a subdivision, price information and the developer’s name, address and telephone number. Canvas signs, banners, advertising flags, and similar devices are permitted. Flagpole height shall not exceed 21 feet in height. Billboards shall not exceed 400 square feet on each side. Directional signs shall not to exceed 64 square feet in total area for two (2) sides or 32 square feet for one (1) side and a total overall height of twelve (12) feet may be permitted on each street frontage of each neighborhood. Temporary signs installed in the City public right-of-way shall require an encroachment permit from Land Development Department. There shall be no visibility obstructions within fire feet from any driveway. Said signage shall be allowed until the units within the subdivision are sold out, or a period of thirty- six months, whichever comes first. Extensions of twelve (12) months may be approved by the Development Services Director/Zoning Administrator prior to the expiration date. Such signs shall be removed within thirty (30) calendar days from the date of the final sale of the land and/or residences. Signs shall be maintained in good repair. Page 201 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 13 d. Temporary Construction Sign: Two directory signs shall be permitted on the construction site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.) not exceeding thirty -two square feet each, unless legally required by government contracts to be larger. No sign shall exceed eight feet in overall height and shall be located no closer than ten feet to any property line. Such sign shall be removed upon the granting of occupancy by the City. For all other projects, a total of two signs per development site may be installed with a maximum of four square feet in area and five feet in height for each sign. Such sign(s) shall be removed upon finalization of building permits. e. Interior Signs: Signs within a structure or building when not visible or readable, nor intended to be read from off -site or from outside of the structure or building. f. Memorial Tablets, Plaques or Directional Signs: Signs for community historical resources, installed by a City-recognized Historical Society or civic organization. g. Convenience and Secondary Directional Signs: Signs not to exceed four square feet in area or ten feet in height. h. Official and Legal Notices: Notices issued by any court, public body, person, or officer or in furtherance of any non-judicial process approved by State or local law. i. Signs Providing Direction, Warning or Information: Signs or structures required or authorized by law or by Federal, State, County or City authority. j. A Single Official Flag: The flag of the United States of America and/or two flags of either the State of California, or other states of the United States, counties, municipalities or official flags for nations, and flags of internationally or nationally recognized organizations or the company flag. Flags shall be a maximum of five feet by eight feet, unless otherwise specifically approved on a site plan k. Signs of Public Utility Companies: Signs indicating danger, or which serve as an aid to public safety, or which show locations of underground facilities or public telephones. l. Safety Signs: Safety signs on construction sites. m. “No Trespassing”: “No dumping” and similar warning signs not exceeding four square feet. n. Signs on Public Transportation Vehicles: Signs regulated by a political Page 202 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 14 subdivision, including but not limited to buses and taxicabs. o. Signs on Licensed Commercial Vehicles: Provided such vehicles are not used or intended for use as portable signs or as may be prohibited in Section III.D.2. p. A Change of Copy: Copy conforming to an approved Comprehensive Sign Program. All other changes of copy shall comply with this section. 2. Prohibited Signs & Lighting All signs and lighting not expressly permitted are prohibited in all districts including, but not limited to the following: a. Roof signs. b. Flashing lights or signs. c. Animated signs or lights that convey the illusion of motion d. Revolving or rotating signs e. Vehicle signs (when parked or stored on property to identify a business or advertise a product). f. Portable signs (except where permitted by these regulations). g. Off-site signs (except temporary subdivision or real estate signs). h. Signs within the public right-of-way (except those required by a governmental agency). No sign shall be placed, erected or constructed on a utility pole, traffic device, traffic sign, warning sign, or so as to impede access to any public improvement. i. Signs located on public property except as may be permitted by Section III.D.1.b or required by a governmental agency. j. Signs within the public right-of-way prohibited by the Streets and Highway Code (Sec. 101 et. seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code (Sec. 7538 et. seq.). k. Signs blocking doors or fire escapes. l. External light bulb strings and exposed neon tubing outside of buildings (except for temporary uses such as Christmas tree lots, carnivals and similar events having prior approval of the City). Page 203 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 15 m. Inflatable advertising devices of a temporary nature, including hot air balloons (except for special events as provided for in Section V.B). n. Advertising structures (except as otherwise permitted in this section). o. Statuary (statues or sculptures) advertising products or logos of the business located outside of the structure that houses the business. p. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of buildings, fences, walls and other structures. q. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic. This does not include traffic or directional signs installed on private property to control on-site traffic. 3. Signs Permitted The following signs may be placed with approval of a sign permit provided it is in compliance with all other applicable laws and ordinances. These signs are subject to the individual special provisions listed: a. Convenience Signs: On-site signs no greater than six square feet necessary for public convenience or safety may be approved by the Zoning Administrator. Signs containing information such as “entrance,” “exit,” or directional arrows shall be designed to be viewed from an area adjacent to the site by pedestrians or motorists. Signs that convey advertising or products shall not be considered a convenience sign. b. Public and Quasi-Public Signs: Schools, community centers and any other public or institutional building, shall be allowed the following signs: • Public and quasi-public uses are permitted one wall or monument sign, not to exceed thirty square feet in area and a bulletin board or announcement sign not to exceed fifty square feet in area and twelve feet in height. Any bulletin board or announcement sign not attached flat against the building shall maintain a ten-foot setback from the streets. • Public and quasi-public uses may request permit allowing for temporary use of a sign announcing a special event. Either wall-mounted, or freestanding signs of paper, cardboard, plastic or fabric are permitted; provided that the Zoning Administrator finds that the copy, color and design of the sign will not adversely affect the order, amenity, or residential enjoyment of the neighborhood in which it is located. • Special event signs shall be located on the premises of the institution or Page 204 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 16 organization having the special event, and shall not exceed five feet in height, nor contain more than twenty-five square feet of sign area. Freestanding signs shall maintain a minimum ten-foot setback from any property line abutting a street right-of-way. Only one sign shall be allowed for each street frontage. • Upon application for a permit, the applicant shall submit a statement and diagram noting the nature of the special event, indicating the occasion, size, copy and colors of the proposed sign. No less than one permit for a special event sign shall be issued to any one institution or organization in one calendar year subject to Chapter Section 19.60.290 CVMC. c. Community Special Event Signs: Special event signs may be approved for a limited period of time as a means of publicizing special events such as grand openings, Christmas tree lots, parades, rodeos and fairs that are to take place within the Freeway Commercial SPA. Community special events such as a rodeo or community fair may be permitted the following signage: • No more than four off-site signs up to thirty-two square feet in size and eight feet in height to publicize the event. • Temporary advertising signing consistent with the requirements set forth in Section V.B. d. Commercial Special Events: Events such as grand openings and painted seasonal holiday window displays may be permitted the following signage: • No more than four signs, thirty-two square foot or smaller in size, eight feet in height, on-site, freestanding special event signs. • All other on-site special event signs can be either wall and window signs, flags, banners and pennants. Inflatable advertising devices of a temporary nature may be permitted. In no case shall any signage, flag, pennant, inflatable device, or banner be placed above the roof line. e. Comprehensive Sign Program: Any and all signs approved in a comprehensive sign program adopted as a component of a Design Review submittal and pursuant to the Freeway Commercial Design Plan or Master Precise Plan are permitted. 4. Signs Relating to Inoperative Activities Signs pertaining to activities or businesses which are no longer in operation, except for temporary closures for repairs, alteration or similar situations, shall be removed from the premises or the sign copy shall be removed within thirty days after the premises have been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this section and local ordinance. Page 205 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 17 5. Enforcement, Legal Procedures & Penalties Enforcement, legal procedures and penalties shall be in accordance with the enforcement procedures established by Chapter 19.60 CVMC. Unauthorized illegal signs may be abated by the City in accordance with local ordinance. If said sign is stored by the City, the owner may recover said sign from the City upon payment to the City of any storage and/or removal charges incurred by the City. The minimum charge shall be no less than three dollars per sign. All signs removed by the City may be destroyed thirty calendar days following removal. If any sign, in the opinion of the Zoning Administrator, is an immediate threat to the public health and safety, said sign shall be immediately and summarily removed with the cost of removal charged to the property owner in accordance with local ordinances. 6. Construction & Maintenance a. Construction Every sign and all parts, portions and materials shall be manufactured, assembled and erected in compliance with all applicable State, Federal and City regulations and the Uniform Building Code. b. Maintenance Every sign and all parts, portions and materials shall be maintained and kept in proper repair and safe structural condition at all times. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced. Noncompliance with such a request shall constitute a nuisance and will be replaced within thirty calendar days following notification of the business by the City and will be abated. 7. Design Standards Each sign shall be designed with the intent and purpose of complementing the architectural style of the main building or buildings, or type of business on the site. Signs located on institutional or community purpose sites, but in a predominantly residential area, shall take into consideration compatibility with the residential area to the extent possible. a. Relationship to Buildings Signs located upon a lot with only one main building housing the use which the sign identifies shall be designed to be compatible with the predominant visual elements of the building such as construction materials, color, or other design details. Each sign located upon a lot with more than one main building, such as a shopping center or other commercial or industrial area developed in accordance with a common development plan, shall be designed to be compatible with the predominant visual design elements common or similar in all such buildings or the buildings occupied by the “main tenants” or principal uses. Page 206 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 18 The Zoning Administrator may place conditions of approval on any sign permit to require incorporation of such visual elements into the design of the sign where such an element(s) is necessary to achieve a significant visual relationship between the sign and building or buildings. b. Relationship to Other Signs Where there is more than one freestanding sign located upon a lot, all such signs shall be complementary and consider the following five design elements: • Type of construction material (such as cabinet, sign copy or supports). • Letter style of sign copy. • Type or method used for support, uprights or structure on which sign is supported. • Sign cabinet or other configuration of sign area. • Shape of the entire sign and its several components. 8. Landscaping Each freestanding sign shall be located in a landscaped area which is of a shape, design and size (equal to at least the maximum allowable sign area) that will provide a compatible setting and ground definition to the sign. The landscape area shall be maintained in a neat, healthy and thriving condition. 9. Illumination & Motion Signs shall be stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non-flashing). 10. Sign Copy The name of the business, use, service and/or identifying logo shall be the dominant message on the sign. The inclusion of advertising information such as lists of products (more than one product), is prohibited. 11. Relationship to Streets Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of the street right-of-way. 12. Design Review & Approval A signage plan including sign locations, size, style, materials, lettering size and style, and any other information necessary to adequately review the proposal shall be prepared and submitted for review and approval by the Zoning Administrator prior to construction. Off-site signs for Town Center in the Olympic Parkway corridor are permitted, but require, Page 207 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 19 in addition to a sign permit, consideration of required input from adjacent property owners. E. PROPERTY DEVELOPMENT STANDARDS The following property development standards apply to all land and buildings other than accessory buildings authorized in the Freeway Commercial District. In FC-1, any legal lot may be used as a building site, except no building permit shall be issued for any lot having lot size less than 10,000 square feet. 1. General Requirements The standards in the following table are minimums unless otherwise stated. An approved Master Precise Plan, the contents of which are to be determined by the Zoning Administrator, will be required for all areas within the Freeway Commercial North (FC-2). This Master Precise Plan will establish specific design districts within FC-2 and may limit the location of certain uses (e.g. fast food restaurants, auto repair, etc.). This Master Precise Plan shall be prepared in accordance with the Otay Ranch Freeway Commercial SPA Plan, Design Plan, and adopted City standards. a) Standards for Commercial Use Districts (FC-1 and Hotel) Purpose: The provisions of this section shall apply to commercial and hotel uses within FC-1 and Hotel site. Page 208 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 20 TABLE A COMMERCIAL PROPERTY DEVELOPMENT STANDARDS STANDARD DIMENSION FC-1 Comm FC-2 H Hotel Lot area, net sq. ft. (000's) 401 SP Lot width (feet) 100 SP Lot depth (feet) 100 SP Front yard setback (feet to other FC zoned lot) SP SP Side yard setback, each (feet to other FC zoned lot) SP SP Rear yard setback (feet to other FC zoned lot) SP SP Building setback from Olympic Parkway, EastLake Parkway and Birch Road (measured from curb in feet) Note: Transit Structures, signs, entry monuments, and pedestrian oriented facilities are excluded. 75 30 Public Transit ROW setback (feet) SP SP Internal vehicular travel way setback (measured from curb in feet) 10 10 Building height, maximum for main building (feet) 602 65 Building feature, maximum height (feet) 75 75 Lot coverage, maximum (% net lot area) SP SP Landscaping, minimum (% net lot area) SP SP SP=per approved site plan. (May also be set at the Master Precise Plan or Design Review Phases). Refer also to Section III-M, herein for property development standards for Residential uses. 1 Map for condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000 sq. ft. for master planned building complexes with Design Review approval. Such plans shall be for a total area of no less than 60,000 sq. ft. 2 Maximum stories for buildings <20,000 square feet shall be further limited to no more than two floors, and buildings >20,000 square feet shall be limited to no more than three floors. b) Standards for Residential and Mixed-Use District (1) PURPOSE The provisions of this section shall apply to residential uses within the RM District and mixed-use arrangement of commercial and residential uses within the R/MU and C/MU Districts. . Page 209 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 21 TABLE B FC-2 RESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS (RM, R/MU, AND MU) STANDARD DIMENSION5 RM (RESIDENTIAL) R/MU (MIXED USE) C/MU (MIXED USE) Lot Size DR DR DR Lot width and depth DR DR DR Setbacks (front, rear, and side yards) DR DR DR Architectural feature projections such as awnings, building massing projections, cantilevers, bay windows, patio/balcony pop-outs, and other similar features are permitted to project into a required front or rear setback for a distance not to exceed two feet, provided any adopted Building Code requirement for separation of structures is maintained. FAR (Floor Area Ratio) N/A N/A N/A Building Height1 50' 75’1 75’1 Lot coverage (maximum %) DR DR DR Landscaping (minimum %) DR DR DR Parking required3 Refer to Table B. Refer to Table C, Mixed Use. Refer to Table C, Mixed Use. Common Useable Open Space4 200 sq. ft. per unit4 Where above standards cannot be met, up to one-third of the Common Useable Open Space requirement may be met through excess Private Open Space, as long as the Private Open Space is equally distributed among all units. 200 sq. ft. per unit. N/A Private Useable Open Space (Minimum square feet per unit)2 Studios, 1-bedroom, and units above first story: 60 sq. ft. Ground floor units: 80 sq. ft. for 2-bedroom units 100 sq. ft. for 3-bedroom units Where above standards cannot be met, amenitized common open space will be provided instead at a 2:1 ratio. Note: No dimension of usable private open space shall be less than 6 feet. 60 sq. ft. per unit. N/A DR= Determined by Design Review approval; NA = Not Applicable 1 Building features may exceed maximum building height with Design Review approval 2 May be modified subject to Design Review approval. 3 Requirements for bicycles parking shall be determined during the Design Review process. 4 Exceptions and alternatives that meet the intent may be approved during Design Review. Excludes driveways, drive aisles, sidewalks and walkways that serve only as access to the units, unless they are part of a paseo or larger enhanced common useable area. Enhanced motor courts designated as “No Parking” can count towards Open Space. 5 Dimensions approved on a Master Precise Plan shall establish the dimension requirements for Design Review. Page 210 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 22 (2) COMMON USEABLE OPEN SPACE Common usable open space (CUOS) shall be provided for all multi -family developments. CUOS shall take the form of passive and active recreation areas such as swimming pools, picnic areas, ballcourts, paseos, etc. These areas shall not be fragmented or consist of left over land, parking areas, areas dedicated exclusively for access or refuse storage areas, and must be pedestrian linked and/or easily accessible to the majority of resid ents in the development. Driveway are not counted towards open space, unless they are enhanced as plazas and not used for parking. Any portion of a lot which is relatively level (maximum five percent grade), developed for recreational or leisure use, and which contains 60 square feet with no dimension less than six feet, shall be considered open space. Where above standards cannot be met, up to one-third of the CUOS requirement may be met through excess Private Open Space, as long as the Private Open Space is equally distributed among all units. (3) PRIVATE USABLE OPEN SPACE In a high-density urban environment, the common space is what defines the character of the neighborhood. As generously sized yards associated with single- family development are not possible, the benefits of private open space taking form of upstairs balconies and patios diminish in their recreational, aesthetic, and environmental value. Private open space areas in multi -family homes are frequently used for storage rather than for enjoyment of their intended use due to their limited size. Expanding and enhancing common usable open space becomes more beneficial to the residents. High quality recreational amenities and landscaped garden areas serve for social gathering, active and passive recreation. The project will meet its open space requirement through a combination of private balconies, terraces, porches, and common usable open space to satisfy open space needs for residents. Private usable open space (PUOS) shall be provided for all multi-family residential dwelling units. PUOS shall take the form of yard area, porches, decks, patios, terraces, and balconies. If intended to satisfy the PUOS requirements, PUOS areas shall meet the Residential Development Standards in Table D above. Where minimum requirement for individual units cannot be met per the above allowances, the project shall provide two (2) times the required PUOS area as highly amenities Common Useable Open Space to satisfy their PUOS requirement. Amenities may include community gardens, sports courts, dog park, lounge areas, and cabanas. Page 211 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 23 Modifications may be allowed subject to approval by the Director of Planning and Building. 2. Additional Requirements: a. Conveniently located common laundry facilities shall be provided for units which do not have individual hook -ups. b. Conveniently located and well screened enclosures for trash and recyclables shall be provided consistent with the City of Chula Vista’s solid waste and recycling guidelines. c. Mailbox kiosks shall be conveniently located throughout the complex. d. Units may be approved for either rental, condominium ownership, or fee simple, subject to the applicable City of Chula Vista regulations. e. Masonry walls shall be constructed where required for noise attenuation. F. Recreational vehicle parking areas shall be provided fully screened, unless parking of recreational vehicles on-site is specifically prohibited. 3. Special Requirements a. Ownership: Boundaries for several requirements are based on ownership boundaries as of the adoption of this SPA Plan. In the event that these boundaries are adjusted, the Zoning Administrator shall adjust the requirement to the new ownership boundary if determined to be in substantial conformance to the adopted plan. b. The Enhancement Buffers, as depicted on the Land Use Districts Map (Exhibit PC- 1), identifies an enhancement area of 30 to 75 feet back from the adjacent curb. No buildings greater than 25,000 square feet may encroach into this buffer zone. Buildings less than 25,000 square feet may only encroach where it can be clearly demonstrated that encroachment improves pedestrian orientation, provides pedestrian oriented amenities and does not negatively impact the streetscape. Parking areas, drive aisles, driveways, seating areas, and patios may encroach, subject to Design Review approval, providing parking is screened and the encroachment is for a limited distance as opposed to a continuous encroachment. Transit lanes and station facilities may be located within the buff er zone. c. Design Review and Site Plan and Architectural approval shall be required for all uses within the Freeway Commercial Districts. Site plans and architectural designs shall comply with the provisions of the Freeway Commercial Design Plan. Submittals shall, at a minimum, include an entire Design Review Area as shown on Page 212 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 24 Exhibit PC-2 and contain the information required per Chapter III Design Review Process of the Design Plan. As an alternative to preparing detailed plans for an entire Design Review Area, a Precise Plan may be approved for the entire area and implemented through phased Design Review approvals. The subsequent phases shall be reviewed for consistency with the Precise Plan. Public notice to property owners within five hundred feet of the project shall be provided for all reviews requiring public hearings. The area on Exhibit PC-2 designated as “Orange” is primarily intended for hotels. The area designated as “Red” is primarily intended for mixed-use, with multi- family and commercial uses. The areas designated “Yellow” is primarily intended for multi- family residential uses, including a centrally located urban park (”Blue”). These areas shall be developed in phases based on an overall Master Precise Plan, which will satisfy many of the components of the required Design Review requirements. The area on Exhibit PC-2 designated as the “Green” Planning Area is intended for a major regional retail facility, which will have Design Review performed in phases as follows: 1. Initial Master Plan Level: This will be subject to Design Review of the regional retail facility on an overall basis, including the site plan and arrangement of buildings and parking areas. At this level an overall signing program, landscape design, and architectural standards shall be established. The The Design Review Committee Planning Commission shall review and approve the project at this level. 2. Major Buildings Design Review. This will include the Design Review of any single building (user) in excess of 20,000 square feet. The The Design Review Committee Planning Commission shall review and approve all major buildings at this level. 3. Design Review for individual free-standing buildings (<20,000 square feet), The Zoning Administrator shall review and approve the Administrative Design Review at this level. 4. Individual tenant store fronts, specific signs requiring a sign permit, or other similar improvements shall be reviewed and approved by the Zoning Administrator during the building permit process. Page 213 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 25 EXHIBIT PC-2 Page 214 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 26 F. PARKING & LOADING FACILITIES These regulations are for the purpose of providing convenient on- and off-street parking space for vehicles. The parking requirements of this section are to be considered as the minimum necessary for such uses permitted by the respective zone. All parking lots shall be subject to the requirements of the City of Chula Vista Storm Water Manual, dated January 2011. The intent of these regulations is to provide adequately designed parking areas with sufficient capacity and adequate circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer, owner, or operator of the specific use to provide and maintain adequate off-street parking. 1. Size and Access Requirements The following property development standards shall apply to all parking areas: a. General Requirements The following are minimums unless otherwise stated: 1) Automobile: Standard: • Uncovered: 9 feet by 19 feet each space • Covered in a garage: 9 feet by 19 feet for single-car garage 18 feet by 20 feet for side-by-side two-car garage 10 feet by 39 feet for tandem two-car garage Size and configuration of automobile parking spaces shall, as a minimum, comply with the City of Chula Vista’s adopted parking table (PL-30) which establishes stall sizes relative to parking angle and aisle width. 2) Motorcycle Space: 4 feet by 8 feet each space 3) Bicycle Space: 2 feet by 6 feet each space or as provided in a manufactured storage rack/device 4) Motorized Cart Space: 4 feet by 6 feet each space; may also use automobile spaces • Automobile, handicapped, motorized cart, motorcycle, and bicycle spaces: All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or any other all-weather surfacing approved by the Zoning Administrator and subject to current City standards. All parking facilities shall be graded and drained to provide for the disposal of all surface water on the site, except as may be deemed preferable to satisfy NPDES requirements. Page 215 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 27 Off-street parking areas for more than three vehicles shall be provided with a concrete curb not less than six inches in height to confine vehicles to the parking area. 6) Striping & Identification a) Automobile: All parking stalls shall be clearly outlined with lines on the surface of the parking facility. b) Handicapped: All handicapped spaces shall be striped and marked according to the applicable State standards. c) Motorcycle: All motorcycle spaces shall have bollards installed and appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they can be clearly identified for motorcycle use. d) Bicycle: All bicycle parking facilities shall be clearly visible. 7) Storm Water Management: Parking lots of 5,000 square feet or more or containing 15 or more parking spaces, and potentially exposed to urban runoff, shall comply with the City of Chula Vista Urban Storm Water Mitigation Plans (SUSMPs). b. Access & Driveways 1) No parking area may be located so as to require or encourage the backing of automobiles or other vehicles across any street lot line, to effect egress from the places of parking. 2) Driveways for parking areas shall be a minimum of fifteen feet wide for one-way traffic and twenty-four feet wide for two-way traffic. The minimum vertical clearance shall be ten feet to allow for the passage of emergency vehicles, based on minimum standards administered by the Director of Engineering. 3) All aisles and turning areas shall be adequate to provide safe and efficient access to and from parking spaces, based on minimum standards administered by the city traffic engineer. c. Special Requirements 1) Shared parking may be permitted pursuant to the following criteria: a) The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the shared parking is Page 216 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 28 proposed. b) Parties involved in the shared use of a parking facility or facilities shall evidence agreement for such shared use by a proper legal instrument approved by the City Attorney as to form and content. c) Any shared parking facility shall be provided with adequate signs on the premises indicating the availability of that facility for patrons of the participating uses. 2) All shopping cart storage areas shall be screened from public view from the parking lot areas and public streets. 2. Number of Spaces Required for Designated Land Use a. The number of parking spaces required shall be as set forth in the table below. Page 217 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 29 TABLE C PARKING REQUIREMENTS LAND USE MINIMUM OFF-STREET PARKING REQUIRED Commercial (FC-1 and Hotel) Administrative & professional services offices 1 space/300 square feet of gross floor area; minimum 4 spaces Appliance, furniture, home furnishings store 1 space/600 square feet of gross floor area Auto or truck sales 1 space/10 car storage/display spaces Bowling alley or billiard hall 5 spaces/alley plus 2 for each billiard table plus required parking of any other uses on the site Eating & drinking establishment (non-fast food) 1 space/each 2½ seats or 1 space/50 square feet of seating area where there are no fixed seats Fast food restaurant w/ drive-in or drive through 1 space/each 7 seats plus 1 space per employee, minimum 15 spaces and on-site queue line for at least 8 vehicles when drive through is included Gasoline dispensing and/or automotive services stations 2 spaces plus 4 for each service bay Hotel or motel 1 space per room Medical, dental or veterinary office or clinic 1 space/200 square feet of gross floor area; minimum 5 spaces Theater, movie 1 space/3½ seats Shopping Center and General Commercial, not otherwise listed 1 space/200 square feet of gross floor area (5:1000 sf) Max. 10% of sq. ft. may be restaurants on this basis. Major Regional Retail Facility (>500,000 square feet) 4.5 spaces per 1,000 square feet as an overall blended total for all uses (including shared park & ride spaces). Public and Semi-public Uses Day nurseries, daycare schools, nursery schools 1 space/staff member plus 2 spaces/5 children or 1 space/10 children if adequate drop-off facilities are provided. Drop-off facilities must be designed to accommodate a continuous flow of passenger vehicles to safety load and unload children. The adequacy of proposed drop-off facilities shall be determined by the Zoning Administrator. College or vocational school 1 space/2 faculty member or employee plus 1 space/3 students Place of public assembly 1 space/3½ seats within the main auditorium or 1 space/45 square feet of gross floor area within the main auditorium where there are no fixed seats Public utilities, civic uses To be determined by the Zoning Administrator Page 218 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 30 TABLE C- CONTINUED LAND USE MINIMUM OFF-STREET PARKING REQUIRED* West Residential RM 2 assigned covered spaces/unit plus minimum 0.33 guest spaces/unit. Tandem garage spaces are permitted. A two-car tandem garage will count as 1.75 parking spaces. The remaining 0.25 spaces will be provided as common unassigned parking. Senior, Congregate Care, or Affordable Housing To be determined by Design Review. Tandem spaces are permitted. Parking requirements may be reduced for developments restricted to Affordable and Senior Citizens at the discretion of the Planning Commission through a Conditional Use Permit procedure. Mixed-Use** R/MU Studio units: 1.0 spaces/unit 1- bedroom units: 1.5 spaces/unit 2- bedroom units: 2.0 spaces/unit 3- bedroom units: 2.25 spaces/unit Guest parking ratio of 0.33 is included in above ratios. C/MU 4 spaces per 1,000 sq. ft. * Parking on Town Center Drive shall not be used to satisfy residential parking requirements. **Parking on Town Center Drive may be used to satisfy the Commercial component of Mixed- Use parking requirements. Page 219 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 30 b. Handicapped Parking Requirements a. Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designated for occupancy by handicapped persons. b. Handicapped parking spaces for all uses, other than residential, shall be provided at the following rate: TABLE D REQUIRED HANDICAPPED PARKING NUMBER OF AUTOMOBILE SPACES PROVIDED NUMBER OF HANDICAPPED SPACES REQUIRED 1 – 25 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 150 5 151 – 200 6 201 – 300 7 301 – 400 8 401 – 500 9 501 – 1000 2% of Total Spaces Over 1000 20 plus 1 space for every 100 spaces (or fraction thereof) over 1001 2) Handicapped parking spaces required by this section shall count toward fulfilling off-street automobile parking requirements. c. Bicycle Parking Requirements Commercial uses are required to install bicycle parking facilities providing a minimum of four bicycle parking spaces per tenant/user greater than 25,000 square feet. Bicycle parking facilities shall be stationary storage racks or devices designed to secure the frame and wheel of the bicycle. Bicycle parking facilities shall be distributed throughout the commercial center and located in close proximity to the entrance of each commercial use requiring provision of the facility. Commercial uses in FC-2 that are specifically related to bicycle sales and repair should consider providing changing rooms and showers. Page 220 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 31 d. Motorcycle Parking Requirements Motorcycle parking areas shall be provided for all uses at the following rate: • Uses with 25 to 100 automobile parking spaces shall provide one designated area for use by motorcycles (minimum two spaces). • Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parkingarea (minimum two spaces) for every 100 automobile parking spaces provided. e. Fuel Efficient Vehicle Parking Requirements Parking spaces for electric vehicles, if provided, shall satisfy the amount of conventional parking space requirements. The project shall meet all City of Chula Vista requirements for electric vehicle parking. f. On-Street Parking f. On Street Parking On-street parking may be permitted on the internal streets and drives, subject to approval by the City Engineer. Any approved on-street parking may be applied to meet the parking requirements for adjacent uses. The assignment of specific spaces to individual buildings/uses shall be made in the Design Review approval, or as specified on an approved the Master Precise Plan. On-street parking restrictions, enforcement, and provisions for dual-use spaces shall be under the control of the home or business owners association for the mixed-use area in MU. 3. Loading Facilities a. Adequate loading area shall be provided for each building and/or user such that loading operations do not interfere with public access and circulation. If feasible, separate access and circulation routes shall be provided for loading and service areas. b. Loading and service areas shall be located to the rear of buildings to minimize visibility from right-of-ways, circulation conflicts and adverse noise impacts, unless specifically approved in Design Review. Any loading and/or service area which would be visible from Olympic Parkway, EastLake Parkway or Birch Road shall be adequately screened to maintain the streetscape appearance. c. Loading facilities shall be adequately screened from adjacent land uses along the boundary of FC-1 and FC-2 by walls and covered trellises. Formatted: Line spacing: single Formatted: List Paragraph, Right, Indent: Left: 1.33", Space Before: 0 pt, Tab stops: 1.33", Left + 1.33", Left Formatted: Font: 12 pt Page 221 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 32 d. Loading/unloading facilities shall implement Best Management Practices (BMPs) to prevent pollution of the storm drainage systems. Storm drain inlets shall not be located near the loading/unloading areas. 4. General Provisions a. Parking facilities, for both motor vehicles and bicycles, shall be provided for any new building constructed; for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of an existing building. b. For additions or enlargement of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking spaces required, the additional parking spaces shall be required only for such addition, enlargement or change, not for the entire building or use, unless required as a condition of approval of a Conditional Use Permit. c. The required parking facilities needed for any development shall be located on the same site or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property within the ultimate right-of-way of a Commercial Promenade Street may be used, to the extent available, and subject to sight distance criteria per City standards, to provide required on-site parking or loading/unloading facilities so long as at least one stall is provided on site. d. All required off-street parking spaces shall be designed, located, constructed, and maintained to be fully usable during workday periods or as needed by the use of the premises. Temporary uses for which a temporary use permit has been secured may utilize parking areas as allowed by the temporary use permit. e. Where the application of these schedules results in a fractional parking space, the fraction shall be rounded to the higher whole number. f. The parking requirement for uses not specifically listed in the matrix shall be determined by the approval body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement. g. In situations where a combination of uses are developed on a site, parking shall be provided for each of the uses on the site according to the schedule given in this section. h. Parking areas shall be separated from buildings by landscaping, bollards, and/or a raised concrete walkway. Parking lots shall be designed so that pedestrians will generally walk parallel to the flow of vehicles when approaching the adjacent building. Page 222 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 33 i. All parking facilities required by this section shall be maintained in good operating condition for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. Parking facilities shall not be used for the storage of merchandise, or, for the storage or repair of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except on a temporary basis, pursuant to Section V.B Temporary Uses. j. A maximum of five drive-through facilities for fast food restaurants are permitted within the Freeway Commercial SPA. 5. Parking Screening Requirements Off-street parking areas for more than five vehicles, adjacent to a public street, shall be effectively screened by a ten-foot wide landscaped strip. The requirements specified herein may be eliminated in whole or in part where, in the opinion of the zoning administrator, such requirements are not necessary for the proper protection of abutting property because of substantial grade differentials, the existence of adequate walls or other equally valid reasons. 6. Parking Area Landscaping a. Parking areas shall be landscaped in accordance with the City’s Landscape Manual and Freeway Commercial SPA Design Plan (Section II.A.4). b. Any unused space resulting from the design of the parking area shall be used for landscaping purposes, if determined to be of appropriate size and location. Refer to the Freeway Commercial SPA Design Plan (Section II.C.6) for additional guidelines relating to parking lot landscaping. c. All landscaped parking lot islands shall have a minimum inside dimension (landscaped area) of three feet and shall contain a twelve-inch-wide walk adjacent to the parking stall and be separated from vehicular areas by a six inch high, six inch wide concrete curbing. d. All landscaped areas shall be irrigated automatically with reclaimed water and kept in a healthy and thriving condition free from weeds, debris and trash. 7. Parking Area Lighting All parking facilities shall have lighting in accordance with City of Chula Vista standards. The lighting shall be designed and installed with cut-offs to confine direct rays to the site. Parking lot light standards shall be a maximum height of 35 feet from the finished grade of the parking surface in the major parking fields and directed away from the property lines. Light standards in pedestrian oriented areas shall not exceed 12 feet in height. G. OUTDOOR STORAGE & SALES AREAS Page 223 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 34 Exceptwhere otherwise approved on a site plan, outdoor storage areas shall be entirely enclosed by solid walls not less than six feet in height to adequately screen outdoor storage areas. Stored materials shall not be visible above the required walls. Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed from a distance, but the screening materials need not be solid or opaque. Filtered, close-range views of the materials for sale are allowed. Screening materials and design shall be consistent and integrated with the design and materials of the adjacent commercial building. H. TRASH STORAGE & RECYCLING FACILITIES A. Commercial: 1. All developments shall provide areas for trash storage. These areas shall be enclosed within a minimum five-foot high masonry wall, or higher if deemed necessary in site plan approval, to adequately screen the trash area, built to standards adopted by the City for a freestanding wall and shall be designed to accommodate the trash containers used by the trash service company contracted with the City. Recycling facilities, including compactors and similar equipment, shall be located adjacent to trash storage areas and similarly screened from view. Recycling facilities shall be designed to meet best management practices and current available technologies. 2. The number of containers required shall be not less than required by the sanitary service operator on the site and a specified number by the zoning administrator for all commercial or other uses as determined by the actual use. 3. Trash areas shall be kept neat and clean. Storage enclosures or containers for recyclables shall be designed to protect stored materials from the elements or spilling. 4. The location of any trash area(s) shall be approved on the Design Review site plan and not block circulation during loading operations. 5. The trash and recycling facilities enclosure shall be permanently maintained. 6. Trash storage areas and recycling facilities shall be located away from storm drain inlets and be covered, bermed or otherwise protected to prevent rainwater from reaching stored materials and/or the flow of polluted water from such materials onto paved areas and into storm drains. B. Residential Residential projects will comply with the Recycling and Solid Waste Standards for central collection bin services or accommodate the storage and curbside pickup of individual trash, and recycling containers (2 total), as approved for a small-quantity Page 224 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 35 generator, to the satisfaction of the Director of Public Works and the Waste Management Manager. I. WALL REQUIREMENTS There shall be no zoning wall requirement for development within the Freeway Commercial SPA. Any walls deemed necessary shall be approved as part of the Master Precise Plan and shown on the Design Review submittal. J. LANDSCAPING Required landscaping shall be identified on the approved site plan. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance with the City Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. K. PERFORMANCE STANDARDS 1. The noise level emanating from any commercial use or operation shall not exceed the standards established in the Chula Vista Municipal Code. 2. All ground mounted mechanical equipment, including heating and air conditioning units, backflow prevention devices, and trash receptacle areas, shall be completely screened from public view and surrounding properties by use of a wall or fence, or shall be enclosed within a building. No material or equipment so screened shall have a height greater than that of the enclosing wall, fence or building. Structural and design plans for any screening required under the provisions of this section shall be approved by the Director of Planning as part of the Design Review process. 3. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, internal circulation routes and adjacent public streets. 4. Reciprocal ingress and egress, circulation and parking arrangement shall be required to facilitate the ease of vehicular movement between adjoining properties. Provisions shall be integrated into the circulation design to permit the Freeway Commercial district to function as an integrated commercial center. 5. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Safety and security lighting may be placed a maximum of 35 feet above grade. Illuminators should be integrated within the architecture of the building. Lighting plans shall be submitted and approved as a part of the Design Review process. Page 225 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 36 6. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed to public view except where required by utility provider. Pad mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment such as berms, walls and/or landscaping. 7. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published by the United States Bureau of Mines Information Circular #7718. 8. No use shall be permitted which creates an offensive odor, in such quantities as to be readily detectable beyond the boundaries of the lot on which it was created, except the normal odors coming from restaurants and cooking establishments. 9. Buildings should be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption, including but not necessarily limited to the following conservation measures: • Co-generation • Windows placement • Shading for windows • Deciduous shade trees on southerly or westerly orientations • Dual glazing and improved insulation • Energy efficient lighting • Recycling 10. Automobile service, washing and rental facilities shall have designated areas for washing and detailing vehicles which are equipped with water recycling units, shall drain to the sanitary sewer system, or use other measures deemed appropriate by the Zoning Administrator. 11. All food preparation facilities shall have grease traps on their sanitary sewer connections and have designated areas for washing floor mats, or mops which drain to the sanitary sewer system. 12. Nurseries and garden supply stores/areas shall implement BMPs to prevent flow or polluted rainwater or irrigation water into the storm drainage system. Typical pollution from such areas includes sediments, fertilizers, pesticides and herbicides. 13. Arcade and Electronic games facilities shall be designed and operated in a manner that discourages illegal activities and truancy. Page 226 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 37 L. PARK AND RIDE FACILITIES: The required 200 Park and Ride spaces within the Major Regional Retail Facility may use shared parking standards, without an increase in parking spaces otherwise required, providing the parking area is identified by signing as available for Park & Ride use from the hours of 6:00 AM to 6:00 PM and available for general use after 6:00 PM. Page 227 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 38 IV. Special Uses & Conditions A. PURPOSE This section provides additional regulation for special uses and conditions which require special review standards beyond those of the basic land use districts. Temporary uses and recreation amusement facilities are addressed in this section. Where this section prescribes regulation, which is more restrictive than that of the Land Use District, the provisions of this section shall apply. B. TEMPORARY USES & SPECIAL EVENTS 1. Purpose The provisions of this section shall apply to uses allowed for a limited amount of time, as specified herein. Temporary uses are subject to administrative approval by the Zoning Administrator, except as noted. 2. Temporary Uses Listed a. Circuses, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five days of operation in any calendar year. Requests exceeding these time limitations will require a Conditional Use Permit. b. Christmas tree sales, Halloween pumpkin sales and other holiday sales subject to not more than forty days of site occupation and operation in any calendar year. c. Outdoor art and craft shows and exhibits, subject to not more than three calendar days of operation or exhibition in any sixty -calendar day period. d. Contractors' offices and storage yards on the site of an active construction project. e. Mobile home residences for security purposes on the site of an active construction project. f. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, or for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses or other public or semi -public property on a temporary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner. Collection of bottles, cans and newspapers shall also be regulated by Chapter Section 19.58.345 CVMC. g. Temporary tract signs for marketing purposes. h. Additional uses determined to be similar to the foregoing in the manner prescribed Page 228 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 39 by these regulations. 3. Permits & Bonds All temporary uses shall be subject to the issuance of a Temporary Use Permit by the Zoning Administrator and other necessary permits and licenses, including but not limited to, building permits, sign permits and solicitors or vending licenses. In the issuance of such a permit, the Zoning Administrator shall indicate the permitted hours of operation and any other conditions, such as walls, fences or lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare. Prior to the issuance of a permit for a temporary use, a cash deposit may be required to be deposited with the City. This cash deposit shall be used to defray the costs of property cleanup by the City in the event the permittee fails to do same. 4. Extension or Modification of Limits Upon written application, the Zoning Administrator may extend the time within which temporary uses may be operated or may modify the limitations under which such uses may be conducted if the Zoning Administrator determines that such extension or modification is in accord with the purposes of the zoning regulations. 5. Condition of Site Following Temporary Use Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used only in accord with the provisions of the zoning regulations. 6. Fee The application shall be accompanied by a fee established by the Master Fee Schedule to cover the cost of processing the application prescribed in this section. C. RECREATIONAL FACILITIES Construction of recreation courts, including necessary fencing and lighting, may be permitted subject to administrative review and a finding that adjacent properties will not be unduly affected. Recreation courts shall meet the following minimum standards: 2. A maximum 20-foot high fence (measured from the finished grade of the court) shall be allowed. Fences shall include a screening material which screens the court activity from off-site view and which improves the appearance of the fence. 3. Setbacks for the court shall be: Side yard: 10 feet; Rear yard: 10 feet Page 229 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPECIAL USES &CONDITIONS 40 4. Maximum of eight lights permitted, mounted at a height not to exceed twenty-two feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: a) Be designed, constructed, mounted and maintained such that, the light source is cut off when viewed from any point five feet above the ground measured at the lot line. b) Be designed, constructed, mounted and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed ½ foot candle above ambient levels. c) Be used between 7:00 a.m. and 10:00 p.m. 5. The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the reflection from any light incident thereon. 6. Landscaping shall be installed as required between the fence and the property line. Page 230 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda LEGISLATIVE PROCEDURES 43 V. Legislative Procedures A. PURPOSE Zoning is a legislative act involving police power asserted in the interests of the public health, safety and general welfare. These Planned Community District Regulations are adopted to provide zoning for the Freeway Commercial SPA of the Otay Ranch Planned Community. B. ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS These Planned Community (PC) District Regulations are adopted pursuant to Title 19, Zoning, of the Chula Vista Municipal Code and are intended to implement and integrate the Chula Vista General Plan, the Otay Ranch General Development Plan (GDP), and the Freeway Commercial Sectional Planning Area (SPA) Plan. The SPA is zoned P-C Planned Community pursuant to the adoption of the Otay Ranch GDP and Chapter 19.48 CVMC. These regulations provide for the implementation of the GDP and P-C zone by setting forth the development and use standards for all property within Otay Ranch Freeway Commercial SPA Planned Community District. These PC District Regulations, along with the Freeway Commercial SPA Plan, delineate precisely the allowable use of the property. C. AMENDMENTS Application for any change in district boundaries, use listing, property development standard or any other provision of these regulations shall be considered a zone change and be processed in accordance with the provisions of Chapter 19.12 CVMC. Approval of a zone change requires affirmative action following a public hearing by both the Planning Commission and City Council. Page 231 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 44 VI. Administrative Procedures, Conditional Uses & Variances A. PURPOSE & INTENT The purpose of this chapter is to define certain administrative procedures and requirements to provide clear instructions and notice to property owners and developers within Freeway Commercial SPA regarding permit and plan approvals. The general intent of these regulations is to use the standard procedures provided in Chapter 19.14 CVMC except where special procedures are required or defined herein. The administration of the Freeway Commercial SPA Plan shall be as provided for in Chapter 19.48 of the.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or require additional detail to suit the development concepts included in the SPA plan. For matters relevant to the proper development and use of property within Freeway Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning Ordinance) shall apply. In the event of conflicting standards, these Planned Community District Regulations shall apply. B. ZONING ADMINISTRATOR - AUTHORITY The Zoning Administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects and/or issue the following required permits without setting the matter for a public hearing: 1. Conditional Use Permit The Zoning Administrator shall be empowered to issue Conditional Use Permits, as defined herein, in the following circumstances: a. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. b. For signs, as defined herein, and temporary tract houses, as limited herein. c. Establishments that include the sale of alcoholic beverages for off - site use or consumption. The Zoning Administrator shall hold a public hearing in accordance with Sections 19.14.060-19.14.090 of the CVMC (Chapter 19.14 Administrative Procedures, Conditional Uses and Variances: sections .060 = Conditional Use Permit - Defined- Purpose and Intent, .090 = Conditional Use Permit - Public Hearing Procedure - Finding of Facts and .080 = Conditional Use Permit - Prerequisites For GradingGranting) of the CVMC upon giving notice thereof in accordance with Sections 19.12.070-19.12.080 of the CVMC (Chapter 19.12 Legislative Zoning Procedures: Sections .070 = Hearings - Notices Required - Methods And Additional Contents Of Notice, And .080 = Hearings - Notice Required – Contents) A Conditional Use Permit shall not be granted unless the Page 232 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 45 Zoning Administrator or other issuing authority finds in his/her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by Section 19.14.080 of the CVMC (Administrative Procedures , Conditional Uses and Variances: Conditional Use Permit - Prerequisites for Grading) of the CVMC exist, and that approval of the permit will not result in an over concentration of such facilities. Over concentration may be found to exist based on: 1) the number and location of existing facilities; 2) compliance with State Alcohol Beverage Control over concentration standards in effect at the time of project consideration; 3) the impact of the proposed facility on crime; and, 4) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including but not limited to limitations on hours of operation. d. The City Clerk shall inform the City Council of the decision on each such permit when the decision is filed in accordance with Section 19.14.090 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit - Public Hearing Procedure - Finding of Facts). The decision of the Zoning Administrator may beappealed. e. Such appeal shall be directed to the City Council, rather than the Planning Commission, and must be filed within 10 business days after the decision if filed with the City Clerk, as provided in Section 19.14.100 of the CVMC. (Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit– Appeals Procedure Generally.) If appealed within the time limit, said appealshall be considered in a public hearingconducted by the City Council, in the same manner as other appeals pursuant to Sections 19.14.120 and 19.14.130 of the CVMC (Administrative Procedures, Conditional Uses and Variances: sections .120 – Conditional Use Permits – Appeal - City Clerk - Duties and section .130 – Conditional Use Permits – Appeal - City Council Action – Resolution) of the CVMC, except that the Council must make the same written findings required of the Zoning Administrator herein, in order to grant the permit. 2. Variances The Zoning Administrator shall be authorized to grant variances for limited relief in the case of: a. Modification of distance or area regulations. b. Additions to structures, which are nonconforming as to side yard, rear yard or lot coverage, providing the additions meet the requirements of the zoning ordinance affecting the property. c. Walls or fences to exceed heights permitted by ordinances. Modifications requested in said applications for relief to be administered with the requirement for a public hearing shall be limited to deviations not to exceed 25% of the requirements imposed by ordinances. 3. Site, Architectural and Landscape Plan Approvals Page 233 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 46 The Zoning Administrator shall be empowered to grant site plan, architectural plan and landscape plan approval as provided herein. 4. Performance Standard Procedure The Zoning Administrator shall be authorized to issue a zoning permit for uses subject to performance standards procedures, as provided herein. 5. Home Occupations The Zoning Administrator shall be authorized to grant permits for home occupations, as defined and regulated in Section 19.14.490 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Home Occupations Permit Required when – Restrictions and Requirements). 6. Design Review The Zoning Administrator (ZA) has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission (PC) in the case of minor projects, including new construction or additions to signs, commercial, industrial, or institutional projects which constitute less than a 50% increase with a total floor area of 20,000 square feet or less, any multi-family residential projects of ten units or less. A decision of the Zoning Administrator may be appealed to the City Council Planning Commission as set forth in Section 19.14.583 588 (Planning CommissionDesign Review – Appeal Procedure) of the CVMC. a. Legal description, legend, scale, north arrow, vicinity map and identification of designer. b. The boundary lines of subject property fully dimensioned together with the name and dimensions of adjoining streets. c. Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations and percent of slope on streets, driveways and other graded areas. d. Existing and proposed streets, utilities and easements e. Access: Pedestrian, vehicular and service, points of ingress and egress, with driveway locations and dimensions. f. Loading and trash areas, walls and/or fences (including height). g. Proposed location, height and dimensions of buildings, including color and materials on all elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. h. Parking layout, including dimensions, number of stalls and circulation flow. I. Location, height and size of signs proposed on the property. Page 234 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 47 j. All Landscape Areas: Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on the site shall be identified with a note as to proposed disposition. k. Lighting, including the location, type and hooding devices to shield adjoining properties. l. Location and design of recreational areas. The Zoning Administrator shall determine from data submitted whether the proposed use will meet the development standards and design guidelines established in the e Design Plan, and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted or may be approved subject to conditions, specific changes or additions. The approval of the Zoning Administrator shall be noted by endorsement upon two copies of all sketches. In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific case any or all of the following principles as may be appropriate: a. It is not a purpose of this section to control design character so rigidly that individual initiative is stifled in the layout of any particular building or site and substantial additional expense incurred; rather, it is the intent of this division that any control exercised be the minimum necessary to achieve the over-all objective of the Freeway Commercial SPA plan and associated regulatory documents. b. The siting of any structure on the property, as compared to the siting of other structures in the immediate neighborhood, shall be considered. c. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set herein. d. Landscaping as provided in accordance with the Freeway Commerci al SPA Plan and associated regulatory documents shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible. e. Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety. 7. Substantial Conformance: The Zoning Administrator may determine if a variation in an application from an adopted SPA document or statistic is in substantial conformance to the adopted document, subject to the findings below and providing the statistical variation is less than ten percent. Zoning Administrator - Required Findings: a. That the proposed project or use is consistent with the Chula Vista General Plan and adopted policies of the city; Page 235 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 48 b. That the proposed project or use is consistent with, or found to be in substantial conformance with, the SPA Plan, the purpose and intent of these Planned Community District Regulations, and the Design Plan; c. That the proposed project or use will not, under 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; and, d. That the proposed project or use is consistent with the principles and overall quality of design established for the Otay Ranch Planned Community. 8. Modification to Existing Approvals (Substantial Conformance Review) The Zoning Administrator shall have the authority to approve modifications to previously approved Design Review applications if one or more of the changes listed below are proposed: 1) An increase in density, provided the resulting density does notexceed the maximum allowed by the land use district; 2) A change in setbacks or lot coverage; 3) A change in building height; 4) A change in the type and/or location of access-ways, drives or parking areas; 5) A reduction of the area reserved for common open space; or 6) Change to a condition of approval. Modification Approval Criteria. The Zoning Administrator approves, denies, or approves with conditions an application for modification based on written findings that the modification is in compliance with all applicable standards of the SPA Plan and Master Precise Plan in effect at the time of the current land use submittal; or is in substantial conformance with the adopted SPA document if the variation from the applicable standard is less than ten percent; and continues to comply with the conditions of approval in the original decision. The scope of review is limited to the modification request and does not open the entire site up for additional review. In regard to applications on any of the aforementioned subjects, the Zoning Administrator shall set a reasonable time for the consideration of the same and give notice thereof to the applicant and to other interested persons as defined in the Chula Vista Municipal Code. In the event objections or protests are received, the Zoning Administrator shall set the matter for public hearing as provided herein. C. PLANNING COMMISSION The Planning Commission shall review applications or conditional use permits and shall Page 236 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 49 approve, conditionally approve or deny such plans. In cases which the application meets the criteria of Section VI.B.1 above, the application shall be directed to the Zoning Administrator. The Planning Commission shall review all appeals filed to contest sign design rulings of the Zoning Administrator. The Planning Commission shall make its findings and action upon the provisions of the Otay Ranch General Development Plan, Freeway Commercial Sectional Planning Area Plan, Planned Community District Regulations, Design Plan and other associated regulatory documents. D. PLANNING COMMISSION - APPEALS PROCEDURE Decision of the Planning Commission may be appealed to the City Council within 10 businessworking days after the decision is filed with the City Clerk. Further procedures regarding appeals shall follow the provisions within CVMC Section 19.14.588. The appeal shall be in writing and filed in triplicate with the Development Services Department on forms prescribed for the appeal and shall specify therein the argument against the decision of the Planning Commission. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until the City Council makes a determination. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. Additionally, tThe resolution must contain a Finding of Facts showing wherein the project meets or fails to meet the requirements of this Chapter and the provisions of the Otay Ranch General Development Plan, Sectional Planning Area Plan, Planned Community District Regulations, Design Plan and other associated regulatory documents. E. SITE PLAN & ARCHITECTURAL APPROVAL The purpose of site plan and architectural approval is only to determine compliance with the Freeway Commercial Sectional Planning Area Plan, Planned Community District Regulations, Design Plan, and associated regulatory documents. A Building Permit shall not be issued until site plan and architectural approval has been obtained for any land use requiring site plan and architectural approval. A site plan and architectural approval application shall be accompanied by the following plans. Additional plans or information may be necessary to enable the Zoning Administrator to make the determinations for these applications. 9. Legal description, legend, scale, north arrow, vicinity map and identification of designer. 10. The boundary lines of subject property fully dimensioned together with the name and dimensions of adjoining streets. Page 237 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 50 11. Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations and percent of slope on streets, driveways and other graded areas. 12. Existing and proposed streets, utilities and easements. 13. Access: Pedestrian, vehicular and service points of ingress and egress, with driveway locations and dimensions. 14. Loading and trash areas, walls and/or fences (including height). 15. Proposed location, height and dimensions of buildings, including color and materials on all elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. 16. Parking layout, including dimensions, number of stalls and circulation flow. 17. Location, height and size of signs proposed on the property. 18. All Landscape Areas: Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on the site shall be identified with a note as to proposed disposition. 19. Lighting, including the location, type and hooding devices to shield adjoining properties. 20. Location and design of recreational areas. 21. The Zoning Administrator shall determine from data submitted whether the proposed use will meet the development standards and design guidelines established in the Freeway Commercial Planned Community District Regulations and Design Plan and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted or may be approved subject to conditions, specific changes or additions. The approval of the Zoning Administrator shall be noted by endorsement upon two copies of all sketches. In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific case any or all of the following principles as may be appropriate: a. It is not a purpose of this section to control design character so rigidly that individual initiative is stifled in the layout of any particular building or site and substantial additional expense incurred; rather, it is the intent of this division that any control exercised be the minimum necessary to achieve the over-all objective of the Freeway Commercial SPA plan and associated regulatory documents. b. The siting of any structure on the property, as compared to the siting of other Page 238 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 51 structures in the immediate neighborhood, shall be considered. c. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set herein. d. Landscaping is provided in accordance with the Freeway Commercial SPA Plan and associated regulatory documents shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible. e. Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety. F. SITE PLAN & ARCHITECTURAL - APPEALS Appeals from determinations by the Zoning Administrator shall be to the Planning Commission, upon written request for a hearing before the Commission. Further procedures regarding appeals shall follow Further procedures shall follow the provisions within CVMC Section 19.14.588. In the absence of such request being filed within seven days after determination by the Administrator, the determination shall be final. The appealshallbe filed with the Development Services Department on the form required by the City and be accompanied by the non -refundable Required Fee. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Upon the proper filing of the appeal, the Development Services Director shall cause the matter to be set for public hearing, giving the same notice as required in Sections 19.12.070 and 19.12.080 of the CVMC (19.12 Legislative Zoning Procedures: .070 = Hearings - Notices Required - Methods and Additional Contents Of Notice and .080 = Hearings - Notice Required – Contents). Upon the hearing of an appeal, the Planning Commission may by resolution, affirm, reverse or modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall contain Findings of Facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles or development standards and design guidelines established in the Freeway Commercial Sectional Planning Area plan and Village Design Plan. A copy of the decision resolution of the Planning Commission shall be filed with the City Clerk and mailed to the applicant. The decision of the Planning Commission shall be final on the eleventh day after its filing, except where further appeal is taken as provided herein. The applicant or other interested person may appeal the decision of the Planning Commission granting or denying site plan and architectural approval to the City Council within 10 days after said decision is filed with the City Clerk. Said appeal shallbe filed with the City Clerk in writing upon forms provided by the City and be accompanied by the non -refundable Required Fee therefore. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. If a proper Page 239 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 52 appeal is filed within the time limits specified, it automatically stays proceedings in the matter until a determination is made by the City Council on the appeal. After hearingthe appeal, the City Council may, by resolution, affirm reverse or modify, in whole or in any part, any determination of the Zoning Administrator or the Planning Commission. The Councilresolution bywhich the appeal is decidedshallcontain Findings of Facts showingwherein the project meets or fails to meet the applicable site plan and architectural principles in Section 19.14.470 of the CVMC (Administrative Procedures,Conditional Uses and Variances - Site Plan and Architectural Approval– Principles to be Observed), the provisions of the Design Manual, any design standards required for the project, or other non-conformity with the requirements of this Chapter. A copy of the decision resolution of the City Council shall be filed with the City Clerk and mailed to the applicant. G. CONDITIONAL USE PERMIT The granting of a Conditional Use Permit is an administrative act to authorize permitted uses subject to specific conditions because of the unusual characteristic or need to give special consideration to the proper location of said uses in relation to adjacent uses, the development of the community and to the various elements of the general plan. The purpose of this section is to set forth the findings necessary for such administrative action and to establish a procedure for granting Conditional Use Permits. After the public hearing, the Planning Commission or the Zoning Administrator may, by resolution, grant a Conditional Use Permit if the Planning Commission or the Zoning Administrator finds from the evidence presented at said hearing that all of the following facts exist: 22. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or the community. 23. 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. 24. That the proposed use will comply with the regulations and conditions specified in this code for such use. 25. 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 Planning Commission or the Zoning Administrator shall make a written finding which shall specify facts relied upon in rendering said decision and attaching such conditions and safeguards as deemed necessary and desirable not more than 10 business days following the decision of the Commission or the Zoning Administrator and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements. A copy Page 240 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 53 of this written Finding of Facts shall be filed with the City Clerk, with the Development Services Director and mailed to the applicant. The decision of the Planning Commission or Zoning Administrator shall be final on the eleventh day following its filing in the office of the City Clerk, except where appeal is taken as provided herein. H. CONDITIONAL USE PERMIT - APPEALS The applicant or other interested party may appeal the decision of the Zoning Administrator to the Planning Commission within 10 business days. Further procedures regarding appeals shall follow the provisions within CVMC Section 19.14.588.aftersaid decision is filed with the City Clerk. Said appeal shall be in writing and filed in triplicate with the Development Services Department on forms provided by said department and shall specify wherein there was an error in the decision of the Zoning Administrator. If an appeal is filed within the time limit specified, it stays proceedings in the matter until the Planning Commission makes a determination. Where the Planning Commission denies an application by less than four votes, the applicant shallhave the right to either a rehearingatthe next Planning Commission meetingor an appealto the City Council without payment of additional fees. The choice of alternatives shall be discretionary with the applicant. All other proceedings pertaining to appeals shall continue to apply. I. VARIANCE The granting of a Variance is an administrative act to allow a variation from the strict application of the adopted Freeway Commercial development regulations of the particular zone, and to provide a reasonable use for a Neighborhood of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the Variance is to bring a particular Neighborhood up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The Variance may not be used to correct improper zoning. It is the purpose of this section to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case shall a Variance be granted to permit a use other than a use permitted in the district in which the subject property is situated. The Zoning Administrator shall grant a Variance only when the following facts are found: That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hards hips justifying a Variance. Further, a previous Variance can never have set a precedent, for each case must be considered only on its individual merits. 26. That such Variance is necessary for the preservation and enjoyment of substantial Page 241 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 54 property rights possessed by other properties in the same zoning district and in the same vicinity, and that a Variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbor. 27. That the. authorizing of such Variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of these regulations or the public interest. 28. That the authorizing of such Variance will not adversely affect the general plan of the City or the adopted plan of any governmental agency. J. VARIANCE - APPEALS The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is filed with the City Clerk. Further procedures regarding appeals shall follow the provisions within CVMC Section 19.14.240. and the hearing on said appeal shall be processed by the Planning Commission in the same manner as a Conditional Use Permit within the original jurisdiction of the Planning Commission. The applicant or other interested persons shall have the same right of appeal from any determination of the Planning Commission in such instances as set forth in Sections 19.14.110 through 19.14.130 of the Chula Vista Municipal Code (Administrative Procedures, Conditional Uses and Variances: .110 = Conditional Use Permit – Appeals Form – Contents – Effects of Filing, .120 = Conditional Use Permit – Appeals – City Clerk Duties and .130 = Conditional Use Permit – Appeals City Council Action – Resolution) of the Chula Vista Municipal Code. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify in whole or in partany determinationof the Planning Commission, subject to the same limitations. The resolution must contain a Findingof Facts showingwhereinthe conditionaluse meets or fails to meet the requirements of CVMC Sections 19.14.080 through 19.14.100 of the CVMC (Administrative Procedures, Conditional Uses and Variances: .080 = conditional use permit - prerequisites for grading, .090 = Conditional Use Permit – Public Hearing Procedure – Finding of Facts and .100 = Conditional Use Permit – Appeals Procedure Generally). Not later than 10 days following the adoption of said resolution, the City Clerk shall transmit a copy of the resolution and finding to the Development Services Director and shall mail a copy to the applicant. Any Conditional Use Permit or Zone Variance granted by the City as herein provided shall be utilized within one year after the effective date thereof. A Variance or Conditional Use Permit shall be deemed to be utilized if the property owner has substantially changed his/her position in reliance upon the grant thereof. Evidence of change of position would include completion of construction or any expenditures of money by the property owner preparatory to construction and shall also include the use of the property as granted. If there has been a lapse of work for the three months after commencement, the Conditional Use Permit or Zone Variance shall be void. Page 242 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ENFORCEMENT 55 The Commission may, by resolution, grant an extension of time contained in a currently valid Zone Variance or Conditional Use Permit without a public hearing upon appeal of the property owner, provided that there has been no material change or circumstances since the granting of the Variance or Conditional Use Permit which would be injurious to the neighborhood or otherwise detrimental to the public welfare. VII. Exceptions & Modifications A. HEIGHT LIMITATION EXCEPTIONS Height limitations stipulated in these regulations shall not apply to the following unless specifically stated: 1. Spires, belfries, cupolas and domes, monuments, flagpoles, masts and aerials, or to parapet walls extending not more than four feet above the limiting height of the building; 2. Places of public assembly in permitted public and semi-public buildings, provided that these uses are located on the ground floor of such buildings, and provided further, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district; 3. Bulkheads, elevator and stair penthouses, provided no lineal dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; or towers and monuments; provided however, that no such structures above the heights otherwise permitted in the district occupy more than twenty-five percent of the area of the lot and are no less than twenty-five feet from any lot line which is not a street lot line. B. PROJECTIONS INTO REQUIRED YARD PERMITTED Certain architectural features may project into required yards or courts as follows: 4. Cornices, canopies, eaves or other architectural features may project a distance not exceeding four feet into any front or rear yard and forty percent into any side yard to a maximum of four feet. In the case of a side yard which is less than five feet, a two- foot projection is permitted, provided that such projection does not extend closer than one foot to the property line; 5. Fire escapes may project a distance not exceeding four feet, six inches; 6. An uncovered stair and any necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the first floor of the building except for a railing not exceeding three feet in height; Page 243 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ENFORCEMENT 56 7. An open, unenclosed stairway not covered by a roof or canopy may extend or project into a required rear or side yard not more than three feet. VIII. ENFORCEMENT A. ENFORCEMENT BY CITY OFFICIALS The City Council, City Attorney, City Manager, City Engineer, Director of Public Works, Fire Chief, Chief of Police, Director of Building & Housing, Director of Parks and Recreation, Planning Director, City Clerk and all officials charged with the issuance of licenses or permits shall enforce the provisions of these regulationsthis ordinance. Any permit, certificates or license issued in conflict with the provisions of these regulations this ordinance shall be void. B. ACTIONS DEEMED NUISANCE Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly-approved Design Review, Site Plan, Variance, Conditional Use Permit, or Administrative Review and/or these regulations this ordinance shall be declared to be unlawful and a public nuisance per se and subject to abatement in accordance with local ordinance. C. REMEDIES All remedies concerning these regulations this ordinance shall be cumulative and non- exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs or improvements, and shall not prevent the enforced correction or removal thereof. D. PENALTIES Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of these regulations this ordinance or violating or failing to comply any order or regulation made hereunder, shall be guilty of an infraction and, upon conviction thereof, shall be punishable as provided by local ordinance. Page 244 of 405 City of Chula Vista - City Council April 9, 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 PA-12A, LLC N/A X Al Baldwin Village II Town Center, LLC, the sole member of PA-12A, LLC The Estate of Deeann Baldwin Page 245 of 405 City of Chula Vista - City Council April 9, 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 X X X 4/4/2023 Maria Miller, AICP Page 246 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Freeway Commercial SPA Plan Amendments 1 City Council Item 7.2 April 9, 2024 Page 247 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Project Location BIRCH RD FC-2 FC-1 Page 248 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SPA PLAN BACKGROUND •September 2004: Freeway Commercial SPA Plan and Tentative Map adopted •May 2015: First Amendment adding residential, commercial, public park, and two hotels •September 2016: Second Amendment adding residential and commercial •July 2019: Third Amendment adding residential Page 249 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Proposed Amendment #1 •Add medical offices as a permitted use within the C/MU zone, FC-2 District o Limited to 3,500 sq. feet max. (neighborhood-serving facility) o Complementary to other permitted uses for professional services, drug stores, and general retail Page 250 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Proposed Amendment #2 •Zoning Administrator approval for modifying approved Design Review permits o 10 percent limit to density increases, site design standards, common open space reductions o Conditions of approval modifications •SPA Plan conformance and continued compliance with adopted conditions of approval Page 251 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Public Participation Council Policy No. 400-02: Community Meeting held January 12, 2024 (Otay Ranch Branch Library) •Concerns: traffic congestion and parking o Medical Office size limitation and street configuration within FC-2 ameliorated community concerns February 28, 2024: Planning Commission voted 7-0 to recommend approval Page 252 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda RECOMMENDATION Adopt an Ordinance approving amendments to the PC District Regulations contained within the Freeway Commercial SPA Plan. Page 253 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE Annual Military Equipment Report: Accept the Annual AB 481 Military Equipment Report and Review and Renew Ordinance No. 3549 Report Number: 24-0090 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Conduct the public hearing and adopt a resolution accepting the annual report and renewing Ordinance No. 3549, the Chula Vista Police Department Military Equipment Use Policy. SUMMARY AB 481 requires law enforcement agencies to obtain approval of a military equipment use policy from their applicable governing body and to submit an annual military equipment report. The governing body must annually review the acquisition and use of military equipment, determine whether the equipment identified complied with the standards set forth in the policy and law, and vote on whether to renew or modify the policy. On May 3, 2022, the Chula Vista City Council approved Chula Vista Police Department Policy 714 (Military Equipment) via Ordinance No. 3520 in accordance with AB 481. In addition to maintaining the highest levels of public safety, the Chula Vista Police Department is committed to transparency, public trust, community partnerships, and compliance with the law. The Department now submits its 2023 Annual Military Equipment Report in accordance with requirements set forth in California Government Code section 7072. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Page 254 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. In addition, notwithstanding the foregoing, the Director of Development Services has also determined that the “Project” qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION RELEVANT LAW On September 30, 2021, California Governor Gavin Newsom approved Assembly Bill 481 (AB 481), codifed as Government Code sections 7070-7075, which requires law enforcement agencies to obtain approval of a military equipment use policy from their applicable governing body prior to acquiring, deploying, using, seeking funds or contracting for military equipment. Subsequent to adoption of a military equipment use policy, the law enforcement agency must submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body and make the report available on its website. The annual military equipment report required by Government Code section 7072 must contain the following information for each type of military equipment: (1) A summary of how the military equipment was used and the purpose of its use. (2) A summary of any complaints or concerns received concerning the military equipment. (3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report. (5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Additionally, within 30 days of submitting its annual report, the law enforcement agency must hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment. Page 255 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 The governing body must annually review the acquisition and use of military equipment, as specified in the annual report, determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d), and vote on whether to renew or modify the policy previously approved. If the governing body determines that a type of military equipment has not complied with the standards set forth in Government Code 7071(d), the governing body may disapprove authorization for that type of equipment or require modifications to the military use policy to resolve the lack of compliance. The standards set forth in Government Code 7071(d) are as follows: (A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. (D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. CHULA VISTA POLICE DEPARTMENT COMPLIANCE AND REPORTING The Chula Vista Police Department’s Military Equipment Policy, Policy 714, was first reviewed by the Chula Vista City Council, determined to be compliant with Government Code 7071(d), and approved on May 3, 2022, via Ordinance No. 3520. Policy 714 is a written document that governs the Department’s use of military equipment; describes each type of military equipment by quantity and capability, expected lifespan and manufacturer product description; addresses the purposes and authorized use for each type of listed equipment; addresses fiscal impact, including initial cost and annual maintenance costs; addresses the legal and procedural rules that govern authorized use and training required before use to ensure the full protection of the public’s welfare, safety, civil rights and civil liberties; requires compliance with the policy, addresses mechanisms to ensure compliance with the policy and sanction for policy violations; and addresses the procedures for registering public complaints, concerns and questions and timely response to same. In April 2023, the City Council, via Ordinance No. 3549, approved amendments to Policy 714 to add equipment descriptions for additional unmanned aircraft and specialized firearms, to delete equipment no longer in use, and to clarify that the Police Chief is authorized to order replacement types of equipment authorized in the policy. The Council additionally reviewed the Police Department’s 2022 Annual Military Equipment Report and determined that the types of equipment identified in the annual report comply with the standards set forth in Government Code 7071(d) (see Attachment 1). Tonight, the Police Department provides its 2023 Annual Military Equipment Report (“Report”) in compliance with AB 481 (Attachment 3). The Report, attached as Attachment 3, provides all information required by Government Code section 7072 (as described above), including a summary of how the equipment was used, whether any complaints were received, whether any violations occurred, and the fiscal impacts associated with such equipment, including the total annual costs for each type of equipment, the Page 256 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 4 quantity possessed for each type of equipment, and if the Department intends to acquire additional equipment in the next year. The Report identifies changes to three types of equipment categories. In the category of unmanned aircraft, the Police Department has replaced one drone with a drone funded by the Chula Vista Police Foundation: one DJI Matrice 350 RTK drone replaces one out of service DJI Matrice 300 drone. In the category of Specialized Firearms and Ammunition of Less than .50 Caliber, the Police Department has retained two COLT M4 LE6946CQB Rifles that it was previously going to trade in and instead assigned them to the SWAT equipment truck to be used for training purposes only when officers attend training at SWAT schools/academies. For training equipment only, 6 additional training conversion kits and 2 training diversionary device kits were identified in the training inventory and have been added to the Report. Updated Attachment A to Policy 714 (Attachment 2) reflects the above changes. No other portions of Policy 714 have been changed. Of note, during the last calendar year, the Chula Vista Police Department had no complaints regarding its use of military equipment, and no violations of its Military Equipment Use Policy. The Police Department maintains that its military equipment, including the additionally noted drone, rifles, and training kits, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. The Department’s military equipment policy, Policy 714, continues to safeguard the public’s welfare, safety, civil rights, and civil liberties. The existing military equipment was purchased pursuant to the City’s existing procurement requirements and best-practice protocols, and is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. Additionally, the Department’s military equipment uses, as described in the 2023 annual report, are compliant with existing Department policies (including Policy 714). The proposed Resolution: (1) accepts the 2023 Annual Military Equipment Report; and (2) renews Ordinance No. 3549, the Chula Vista Police Department’s Military Equipment Use Policy, Policy 714. COMMUNITY ENGAGEMENT The Chula Vista Police Department frequently displays select military equipment during outreach and community events as a means of public awareness, transparency, education, and building relationships. The Chula Vista Police Department also believes in community engagement and the opportunity to enhance relations. Therefore, the 2023 Military Equipment Report has been available for public review on both the Police Department’s webpage and the City Clerk’s webpage since Monday, March 11, 2024. The Police Department conducted a community engagement meeting in Council Chambers on Monday, March 11, 2024 at 5:00pm at which the public could discuss and ask questions regarding the annual military equipment report and the agency’s funding, acquisition, or use of military equipment. The community will also be able to provide comments regarding the report at the April 9, 2024 City Council meeting. Additionally, in accordance with AB 481, the Police Department has scheduled a community engagement meeting to be held within 30 days of submission of this report on April 16, 2024. Such meeting will be well-publicized on the Department’s website and social media accounts. Page 257 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 5 The Chula Vista Police Department is committed to the service and protection of our community. With the dynamic nature of critical incidents, the Department employs a variety of military equipment to assist in the swift and safe resolution to these incidents. As the Department’s inventory of military equipment varies, the possession of the equipment does not warrant its use for every incident. The Department strives to effectively protect the public using the latest advancement in technology and equipment w hile also being transparent with the military equipment use and inventory. The Police Department accordingly submits its 2023 Annual Military Equipment Report (see Attachment 3) to City Council and respectfully requests that City Council approve the proposed resolution accepting the Report and renewing Ordinance No. 3549. 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 All costs related to the Police Department’s Military Equipment Policy are included in the fiscal year 2024 appropriations for the Police Department. ONGOING FISCAL IMPACT The Police Department’s Military Equipment Inventory is outlined in the Military Equipment Report. During the budget process, ongoing maintenance or repair of this equipment will be included in the proposed budget. If any additional appropriations are required for this equipment, then City staff will seek Council approval at that time. ATTACHMENTS Attachment 1: Ordinance No. 3549 Attachment 2: CVPD Military Use Policy 714 Attachment 3: CVPD 2023 Military Equipment Report Staff Contact: Police Chief Roxana Kennedy Police Captain Dan Peak Page 258 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE CHULA VISTA POLICE DEPARTMENT’S 2023 ANNUAL AB 481 MILITARY EQUIPMENT REPORT AND RENEWING ORDINANCE NO. 3549 APPROVING THE CHULA VISTA POLICE DEPARTMENT MILITARY USE POLICY WHEREAS, on September 30, 2021, the Governor of the State of California approved AB 481, “Funding, Acquisition and Use of Military Equipment,” which is codified in Chapter 12.8 of the California Government Code, sections 7070 to 7075; and WHEREAS, AB 481 requires a law enforcement agency to obtain annual approval of a military equipment policy by its governing body in order to seek funding for, acquire new, or use existing military equipment; and WHEREAS, AB 481 requires a law enforcement agency to develop a written policy that includes a description of each type of military equipment, its purpose and use, the fiscal impact of such equipment, the rules that govern use of such equipment, and the mechanisms in place to assure compliance with the policy; and WHEREAS, on May 3, 2022, the Chula Vista City Council reviewed the Chula Vista Police Department’s Military Equipment Policy, Policy 714, determined it to b e compliant with Government Code section 7071(d), and approved it via Ordinance No. 3520; and WHEREAS, on May 23, 2023, the Chula Vista City Council approved the amended Chula Vista Police Department Military Equipment Policy, Policy 714, in accordance with Government Code sections 7071(a) and 7071(e), via Ordinance No. 3549; and WHEREAS, on April 9, 2024, the Chula Vista City Council received the Chula Vista Police Department’s 2023 Annual Military Equipment Report (“Annual Report”) pursuant to Government Code section 7072; and WHEREAS, on April 9, 2024, the Chula Vista City Council reviewed Ordinance No. 3549 in accordance with Government Code section 7071(e). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it makes the following finding: The City Council has reviewed Ordinance No. 3549 in accordance with Government Code 7071(e) and determined that each type of military equipment identified in the 2023 Annual Military Equipment Report complies with the standards of approval set forth in Government Code section 7071(d). Page 259 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it accepts the 2023 Annual Military Equipment Report and renews Ordinance No. 3549. Presented by Approved as to form by Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 260 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ORDINANCE NO. 3549 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING THE AMENDED CHULA VISTA POLICE DEPARTMENT MILITARY EQUIPMENT USE POLICY, AUTHORIZING FUTURE AMENDMENTS TO THE POLICY BY RESOLUTION, AND MAKING FINDINGS REGARDING THE POLICY AND ANNUAL MILITARY EQUIPMENT REPORT WHEREAS, on September 30, 2021, the Governor of the State of California approved AB 481, "Funding, Acquisition and Use of Military Equipment,"which is codified in Chapter 12.8 of the California Government Code, Sections 7070 to 7075; and WHEREAS, AB 481 requires a law enforcement agency to obtain annual approval of a military equipment policy by its governing body in order to seek funding for, acquire new, or use existing military equipment; and WHEREAS, AB 481 requires a law enforcement agency to develop a written policy that includes a description of each type of military equipment, its purpose and use, the fiscal impact of such equipment, the rules that govern use of such equipment, and the mechanisms in place to assure compliance with the policy; and WHEREAS, on May 3, 2022, the Chula Vista City Council reviewed the Chula Vista Police Department's Military Equipment Policy, Policy 714, determined it to be compliant with Government Code 7071(d), and approved it via Ordinance No. 3520; and WHEREAS, AB 481 requires a law enforcement agency to submit an annual report to the governing body for each type of military equipment approved in the written policy; and WHEREAS, AB 481 requires the governing body to review the annual acquisition and use of military equipment, as specified in the report,and to determine whether the equipment identified in the report complied with the standards set forth in Government Code 7071(d); and WHEREAS,AB 481 additionally requires the governing body to vote annually on whether to renew or modify the military equipment policy previously approved; and WHEREAS, on April 25, 2023, the Chula Vista Police Department submitted its 2022 annual military equipment report to the Chula Vista City Council; and WHEREAS, on April 25, 2023, the Chula Vista City Council reviewed the annual acquisition and use of military equipment and considered whether to renew or modify Policy 714, including consideration of a proposed amendment to Policy 714 to include additional equipment descriptions under the unmanned aircraft and specialized firearm type categories, to delete equipment no longer in use, and to confirm that the Police Chief is authorized to order replacements of the types of equipment authorized in the policy, as well as additional equipment of the same type; and Page 261 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Ordinance No. 3549 Page No. 2 WHEREAS, the City Council desires to specify that future amendments to the Military Equipment Policy may be authorized by Resolution of the City Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: Section I. Findings A. The City Council of the City of Chula Vista hereby finds as follows: 1. The military equipment reflected in the amended Chula Vista Police Department Military Equipment Policy, attached as Exhibit 1, is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. 2. The amended Chula Vista Police Department Military Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties. 3. Purchased equipment identified in the amended Chula Vista Police Department Military Equipment Policy is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety. 4. Prior military equipment use complied with the Chula Vista Police Department Military Equipment Policy that was in effect at the time. B. The City Council of the City of Chula Vista hereby finds that each type of equipment identified in the Chula Vista Police Department's 2022 annual military equipment report complies with the standards of approval set forth in Government Code 7071(d). Section II. Action A. The City Council of the City of Chula Vista hereby approves the amended Chula Vista Police Department Military Equipment Policy, Policy 714, as reflected in Exhibit 1, in accordance with Government Code sections 7071(a) and 7071€. Future amendments to the Chula Vista Police Department Military Equipment Policy, Policy 714, may be authorized by Resolution of the City Council of the City of Chula Vista B. . Section III. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity,unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Page 262 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Ordinance No. 3549 Page No. 3 Section IV. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section V. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. SIGNATURES ON THE FOLLOWING PAGE] Page 263 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Ordinance No. 3549 Page No. 4 Presented by Approved as to form E DocuS igned : DocuSigned by: 9251 By• EFB949DC9B5747E... Roxana Kennedy Jill D.S. Maland Chief of Police Lounsbery Ferguson Altona& Peak Acting City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 23rd day of May 2023, by the following vote: AYES: Councilmembers: Cardenas, Chavez, Gonzalez, Preciado, and McCann NAYS: Councilmembers: None ABSENT: Councilmembers: None DocuSigned by: 72n4FC23RQ0R473 John McCann, Mayor ATTEST: DocuSigned by: 3074D104EAF342E... Kerry K. Bigelow, MMC, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3549 had its first reading at a regular meeting held on the 25th day of April 2023, and its second reading and adoption at a regular meeting of said City Council held on the 23rd day of May 2023 and was duly published in summary form in accordance with the requirements of state law and the City Charter. DocuSigned by: 5/31/2023E1-, 3074D104EAF342E Dated Kerty K. Bigelow, MMC, City Clerk Page 264 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 714.1 PURPOSE AND SCOPE This Department policy establishes guidelines for the use, training, approval, and procurement of existing military equipment and future military equipment acquisitions in accordance with California Assembly Bill 481 (AB 481), codified in California Government Code § 7070-7075. Additionally, this policy outlines the fiscal impact and specific descriptions of existing military equipment within the Department's inventory. 714.1.1 BACKGROUND On September 30, 2021, the Governor of the State of California approved AB 481 requiring law enforcement agencies to obtain approval of a military equipment policy by the applicable governing body (The Chula Vista City Council). The Department is required to seek approval of this military equipment use policy from the governing body at a regular open meeting prior to the Department taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the policy only if it determines that the military equipment meets specified standards. The policy is subject to annual review by the governing body to determine whether, based on an annual military equipment report, the standards set forth in the approving policy have been met. The governing body may renew the authorizing policy, disapprove authorization for particular military equipment where standards have not been met, or require modifications to this military equipment use policy to address any non-compliance with standards. Finally, the bill requires publication of this military equipment use policy and the annual military equipment report on the Department's website. The military equipment use policy must be posted on the website at least 30 days prior to the City Council meeting. 714.1.2 DEFINITIONS Pursuant to AB 481, the following definitions are applicable only to the Department's current military equipment inventory and potential future military equipment acquisitions for operational needs. (For a detailed list, refer to California Government Code § 7070, for "military equipment" as defined within the assembly bill.) Governing body- The Chula Vista City Council. Military equipment - Items defined by California Government Code § 7070(c)(1) through (c)(16). The definition includes but is not limited to the following: Unmanned, remotely piloted, powered aerial or ground vehicles. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this definition. High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. Copyright Lexipol, LLC[DATE TO BE INSERTED] All Military Equipment- 1 Rights Reserved.Published with permission by Chula Vista Police Page 265 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment Tracked armored vehicles that provide ballistic protection to their occupants. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. Weaponized aircraft, vessels, or vehicles of any kind. (Note that none of the Chula Vista Police Department's drones are weaponized). Battering rams, slugs, and breaching apparatus that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this definition. Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition. Specialized firearms and ammunition of less than .50 caliber, including firearms and accessories identified as assault weapons under California Penal Code § 30510 and California Penal Code § 30515 with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to sworn members. Any firearm or firearm accessory that is designed to launch explosive projectiles. Noise-flash diversionary devices and explosive breaching tools. Munitions containing tear gas or OC, excluding standard service-issued handheld pepper spray. Taser ® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (LRADs). Kinetic energy weapons and munitions. Any other equipment as determined by a governing body or a state agency to require additional oversight. Military equipment use policy - refers to this Department policy and means a publicly released, written document governing the use of military equipment by the Department that addresses, at a minimum, all of the following: A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment. The purposes and authorized uses for which the Department proposes to use each type of military equipment. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment. The legal and procedural rules that govern each authorized use. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any sworn member is authorized to use each specific type of military equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-2 Rights Reserved.Published wit h permission by Chula Vista Police Page 266 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy. The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the Department will ensure that each complaint, concern, or question receives a response in a timely manner. Law enforcement agency means any of the following: 1. A police department, including the police department of a transit agency, school district, or any campus of the University of California, the California State University, or California Community Colleges. 2. A sheriff's department. 3. A district attorney's office. 4. A county probation office. 714.1.3 MILITARY EQUIPMENT USAGE GUIDELINES The Chula Vista Police Department retains and employs a wide variety of equipment, some of which is defined as military equipment by California Government Code § 7070, to assist in maintaining public safety by providing the highest quality police services to our community. Military equipment shall only be used by a Department employee only after applicable training, including any course required by the Commission on Peace Officer Standards and Training POST), has been completed, unless exigent circumstances arise. Any military equipment acquired and authorized by the Department must be necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety and be reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety (California Government Code § 7071 (d)(1)(A)(C)). Additionally, it is the policy of the Chula Vista Police Department that its military equipment be used to safeguard the public's welfare, safety, civil rights, and civil liberties (California Government Code § 7071(d)(1)(B)). The Chula Vista Police Department recognizes that critical incidents are unpredictable and can be very dynamic in nature. A variety of military equipment options can greatly assist incident commanders, officers, and specific units in bringing those incidents to a swift resolution in a safe manner. While this procedure is wide-ranging, it is not all inclusive. There may be instances wherein unpredictable critical incidents demand the need for incident commanders to authorize military equipment to be used in a manner not outlined within this policy. In scrutinizing those particular instances, the judgment of the incident commander influenced by the totality of the circumstances, public safety, officer safety, civil rights, and information available at the time will be used. It is incumbent upon incident commanders, supervisors, individual officers, and specific Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-3 Rights Reserved.Published wit h permission by Chula Vista Police Page 267 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment units to recognize the particular circumstances wherein military equipment should be employed to enhance the safety of the public and officers. 714.2 POLICY It is the policy of the Chula Vista Police Department that members of this Department comply with the provisions of California Government Code § 7071 with respect to military equipment. 714.3 MILITARY EQUIPMENT COORDINATOR The Professional Standards Unit manager or their designee will act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to: 1. Acting as liaison to the governing body for matters related to the requirements of this policy. 2. Identifying the Chula Vista Police Department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body. 3. Conducting an annual inventory of all military equipment at least annually. 4. Preparing for, scheduling, and/or coordinating the annual community engagement meeting to include: a) Ensuring the details of the meeting are publicized. b) Preparing for public questions regarding the Department's funding, acquisition, and use of the equipment. 5. Preparing the annual military equipment report for submission to the Chief of Police, and ensuring that the report is made available on the Department's website (California Government Code § 7072). 6. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner. 714.4 MILITARY EQUIPMENT INVENTORY The following constitutes a list of qualifying equipment for the Chula Vista Police Department: See attachment A for the Chula Vista Police Department military equipment list) 714.5 APPROVAL The Chief of Police or their designee shall obtain approval from the governing body by way of an ordinance adopting the military equipment policy. As part of the approval process, the Chief of Police or their designee shall ensure the proposed military equipment policy is submitted to the governing body and is available on the Department website at least 30 days prior to any regular meeting of the City Council concerning the military equipment at issue (California Government Code § 7071). The military equipment policy must be approved by the governing body prior to engaging in any of the following (California Government Code § 7071): Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-4 Rights Reserved.Published wit h permission by Chula Vista Police Page 268 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 1. Requesting military equipment made available pursuant to 10 USC § 2576a. This section is also commonly referred to as the Defense Logistics Agency 1033 Program. The Chula Vista Police Department does not participate in this program, 2. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers. 3. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing. 4. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body. 5. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. 6. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. 7. Acquiring military equipment through any other means. 714.6 ANNUAL MILITARY EQUIPMENT REPORT Upon approval of a military equipment policy, the Chief of Police or their designee shall submit a military equipment report to the governing body for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use (California Government Code § 7072). The Chief of Police or their designee shall also make each annual military equipment report publicly available on the Chula Vista Police Department website for as long as the military equipment is available for use. The report shall include all information required by California Government Code § 7072 for the preceding calendar year for each type of military equipment in the Chula Vista Police Department inventory. The military equipment report shall, at a minimum, include the following information from the immediate previous calendar year for each type of military equipment: 1. A summary of how the military equipment was used and the purpose for its use. 2. A summary of any complaints or concerns received concerning the military equipment. 3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response, consistent with state law and employee privacy restrictions. 4. The total annual cost for each type of military equipment. 5. The quantity possessed for each type of military equipment. 6. If the Department intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-5 Rights Reserved.Published wit h permission by Chula Vista Police Page 269 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment The governing body will determine, based on the annual military equipment report, whether each type of military equipment identified in the report has complied with the standards for approval as set forth by AB 481. If the governing body determines that a type of military equipment identified in the annual military equipment report has not complied with the standards as set forth by AB 481, it may either disapprove a renewal of the authorization for that type of military equipment or require modifications to this military equipment use procedure in a manner that will resolve lack of compliance. 714.7 COMMUNITY ENGAGEMENT Within 30 days of submitting and publicly releasing the annual military equipment report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment. (California Government Code § 7072(b)). 714.8 COORDINATION WITH OTHER JURISDICTIONS On occasion, the Department may be required to assist other law enforcement agencies in a formal Law Enforcement Mutual Aid Request (LEMA) or support with day to day operational collaboration (i.e. pursuits, investigative unit assistance, joint law enforcement operations, etc.). The specific guidance and requirements for mutual aid is governed under PDM 352 - Outside Agency Assistance. In certain mutual aid or operational collaboration circumstances, it may be necessary for sworn Department members to utilize military equipment in order to fulfill an assigned mission (i.e. civil unrest, SWAT requests, barricaded suspects in a vehicle, etc.). When sworn Department members utilize military equipment in instances of mutual aid or law enforcement collaboration, the following shall apply: 1. Department members are required to adhere to the Department's Military Equipment policy and all policies and procedures outlined within the Chula Vista Police Department's Policy and Procedures Manual, regardless of operational jurisdiction. 2. Should the Chula Vista Police Department request mutual aid from another law enforcement agency within the City of Chula Vista and military equipment is required during the course of the response, the following shall apply: a) The Chula Vista Police Department shall remain in charge of the overall incident command. b) The Incident Commander or their designee shall brief the supervisor from the assisting agency and inform them of the mission, enforcement posture, and any pertinent information related to the incident. c) The assisting agency will be expected to adhere to their respective policies and procedures, particularly those governing the use of military equipment. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-6 Rights Reserved.Published wit h permission by Chula Vista Police Page 270 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment d) If the Incident Commander is informed of or witnesses the utilization of military equipment by an assisting agency inconsistent with the guidelines set forth in this procedure, the Incident Commander may elect to cancel the request for mutual aid or re-assign the assisting agency to a different support mission. 714.9 MILITARY EQUIPMENT USAGE ACCOUNTABILITY 1. The use of military equipment is subject to individual Department policies and procedures. It is incumbent upon incident commanders, supervisors, and individual officers to recognize the specific circumstances wherein military equipment should be employed to enhance the safety of the public and officers and to bring an incident to a safe resolution. 2. Department members are bound to adhere to Department policies and procedures, in addition to state and local laws and ordinances when employing the use of the military equipment at any time. Violations of the law or Department Policies or Procedures may result in criminal or administrative investigations and/or actions. 3. Administrative investigations concerning complaints related to military equipment will be conducted in accordance with PDM 1019 - Personnel Complaints. 714.10 MILITARY EQUIPMENT MAINTENANCE AND INVENTORY All military equipment should be properly maintained and stored as set forth by Department policies and procedures or in the absence of that, by manufacturer guidelines. 714.11 TESTING AND EVALUATION OF MILITARY EQUIPMENT FOR POTENTIAL FUTURE ACQUISITION While the Department's current inventory of military equipment is wide ranging and versatile, advancements in technology, tactics, and operational effectiveness may necessitate the expansion or complete replacement of certain items of military equipment in the current catalog. From time to time, certain equipment vendors and/or manufacturers may loan certain military equipment items to the Department for testing by various units to conduct assessments involving feasibility of use, cost analysis, effectiveness, and training efficacy. This process is commonly referred to as "Testing and Evaluation" (T& E). During the testing and evaluation process, various units and/or subject matter experts conduct assessments of the equipment being tested and opine the viability of whether or not an item of military equipment should be considered for Department use. Military equipment that is being tested shall not be used operationally without approval from the Chief of Police or their designee. The following limitations shall apply should the Department receive military equipment for the testing and evaluation process: Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-7 Rights Reserved.Published wit h permission by Chula Vista Police Page 271 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 1. Only similar military equipment within the Department's current military equipment inventory may be used for Testing and Evaluation. Examples might include but are not limited to: a) Similar firearms by a manufacturer other than those approved in the current inventory b) Similar UAS platforms featuring a different make and/or model other than those approved in the current inventory. c) Similar diversionary devices or chemical agents featuring a different make and/ or model other than those in the current inventory, etc. 2. Military equipment that is not similar to the Department's current military equipment inventory must be approved through the governing body and Chief of Police or their designee, prior to the acquisition for the testing and evaluation process. Examples include but are not limited to: a) New military equipment technology not currently approved or currently in use by the Department. b) Firearms as defined under military equipment that operate with a different weapons platform other than what is approved or currently in use by the Department (i.e. bullpup platform, higher caliber weapon than what is in the current inventory, etc.). Military equipment items that have been assessed and recommended for final approval after undergoing the testing and evaluation process must be approved by the governing body and the Chief of the Police or their designee prior to be being formally acquired for Department inventory and operational use. 714.12 MILITARY EQUIPMENT COMPLAINTS AND INQUIRIES In some instances, the application and use of military equipment can cause questions and/ or concerns for members of the community. It is of vital importance that community members' questions regarding the application and use of military equipment are addressed. The Chula Vista Police Department is committed to full and fair investigation of citizen complaints. As such, the Department has sound internal procedures for thorough and impartial investigations of citizen complaints. Resolving complaints in a fair, impartial, and expeditious manner will ensure the consistent high level of integrity and efficiency maintained by the Department. 1. Complaints directly related to the application or use of military equipment shall be handled in accordance with PDM 1019 - Personnel Complaints. Individuals from the public may file complaints in any form, including in writing, by email, in person, or by telephone. 2. The Professional Standards Unit will maintain statistical data concerning the number and types of complaints regarding military equipment. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-8 Rights Reserved.Published wit h permission by Chula Vista Police Page 272 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 Chula Vista Police Department Chula Vista PD Policy Manual Military Equipment 3. The Chula Vista Police Department values open communication and transparency. Community questions and/or concerns regarding the application and use of specified military equipment should be addressed in the following manner: a) Via the Department's website (in the "Contact Us" section), the public can communicate specific military equipment related questions, comments, or concerns to the Department. The Department will respond to the submissions at least quarterly. b) At pre-determined community engagement meetings related to military equipment. c) At City Council meetings related to military equipment. d) In all other circumstances, the public should be directed to the Department Military Equipment policy and Annual Military Equipment Report available on the Chula Vista Police Department website. 714.13 MAINTENANCE OF MILITARY EQUIPMENT SUPPLY LEVELS The Police Chief may approve the purchase of supplies to replace the types of equipment authorized by this policy, as well as additional equipment of the same type. The Military Equipment Coordinator or their designee shall report these purchases via the annual military equipment report submitted in accordance with California Government Code section 7072. Copyright Lexipol,LLC[DATE TO BE INSERTED]All Military Equipment-9 Rights Reserved.Published wit h permission by Chula Vista Police Page 273 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) NOTE: The inventory of certain items of consumable military equipment(i.e. ammunition,diversionary devices, chemical agents,etc.)can fluctuate throughout the year.This can be due to operational usage,training usage,operational wear,and/or manufacturer recommended replacement guidelines.While the Department strives to provide accuracy in its inventory reporting as prescribed by law,this attachment reflects approximations of certain consumable items of military equipment at the time of this policy's publication.] A. Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1. Unmanned Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely. Description and capabilities: a. DJI MAVIC MINI 2, Miniature UAS that weighs approx.. 249 grams and can record video and audio with approximately 30 minutes of flight time. b. DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 grams and has video recording capabilities, approx. 27 minutes of flight time. c. DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker, and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of flight time. d. DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1100 grams, approx. 31 minutes of flight time. e. DJI M300 with HT20, UAS that has 45 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. f. DJI M210v2 with z30, UAS that has 35 minutes of flight time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140 grams. Has video recording capabilities. g. DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. h. DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of flight time. i. DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of flight time. j. SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of flight time. 1 Page 274 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) k. SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutes of flight time. 1. PARROT ANAFI, UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of flight time. m. BRINC LEMUR S,UAS with 1080p HD and IR camera, weighs 1088 grams. Has video recording capabilities, approx. 31 minutes of flight time. n. DJI AVATA,UAS with 4K camera, weighs approx. 410 grams. Has video recording capabilities, approx. 18 minutes of flight time. Purpose To be deployed when its view would assist officers or incident commanders with the following situations, which include but are not limited to: Major collision investigations Search for missing or wanted persons Fires Major incidents Calls for service Natural disaster management Crime scene photography SWAT, tactical or other public safety and life preservation missions In response to specific requests from local, state, or federal fire authorities for fire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Expected Lifespan All UAS equipment, 3- 5 years. 2 Page 275 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact (with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model/Manufacturer Quantity Initial Fiscal Impact(FY 22&23) Cost Approx.for maintenance and Per Unit) repair) DJI MAVIC MINI 2 2 400 $50,000 Maintenance and battery replacement cost for the entire r drone fleet. (Includes all UAS equipment). i jun" DJI INSPIRE 2 1 3299 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). o r DJI MAVIC 2 ENTERPRISE 4 2399 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED 1 6500 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 3 Page 276 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) DJI M300 with H2OT 7 25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS a equipment). DJI M210v2 with z30 2 32,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet(Includes all UAS e ment . DJI PHANTOM 4 1 1600 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 10 DJI MAVIC 2 ZOOM 1 1999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 4 Page 277 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) DJI MAVIC PRO 1 1289 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). r1f b rrcar SKYDIO 2 4 999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS y equipment. i SKYDIO X2(Color/Thermal 2 14,499 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). PARROT ANAF1 1 2000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). 5 Page 278 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) BRINC LEMUR S 2 22,996 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). IIIIIIII°II DJI AVATA 2 1,388 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613 —UAS Operations, and the FAA Regulation 14 CFR Part 107. It is the policy of the CVPD to utilize UAS only for official law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to the City's privacy and technology policies, along with State and Federal Law. 2. Robot: An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Description and capabilities: a. ROBOTEX AVATAR HI, the Robotex Avatar III is a heavy-duty robot. It has stair climbing ability and an arm capable of remote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT team, however, it can be 6 Page 279 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) used for other authorized patrol functions. It operates as a de-escalation tool in a variety of capacities (see Purpose section below). Pu ose To be deployed when its use would assist officers or incident commanders with the following situations, which include but are not limited to: Remotely gain visual/audio data Deliver phone during hostage/barricaded subject negotiations Open doors Disrupt suspicious/dangerous packages Training/authorized public exhibition Authorized Use Only sworn personnel who have been trained on the robot's function, use, and capabilities shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Quantity, Cost, and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model/Manufacturer Quantity Initial Cost Fiscal Impact(FY 22&23) Per Unit) Approx.for maintenance and repair) ROBOTEX AVATAR IIT 1 340,793.56 $1300.54(Battery and misc. repair) 7 Page 280 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Training All robot operators must complete in-house training in the use, function, and deployment of the robot by trained robot operators. Legal and Procedural Rules The use of the robot is for official law enforcement purposes only, and in a manner that respects the privacy of our community, pursuant to the City's privacy and technology policies, along with State and Federal Law. B. Command and Control Vehicles 1. Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access to Police Department computer systems, and restroom facilities on extended events. Description and capabilities: a. Freightliner M2-106, The CP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Purpose To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized Use The CP shall be operated by officers trained in their deployment and in a manner consistent with State Law regarding the operation of motor vehicles. Furthermore, only officers who have completed the California Class B Commercial driver training provided by the Department and properly licensed will be permitted to drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. 8 Page 281 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit)Approx.for maintenance and repair) Freightliner M2-106 1 778,000 2000 Mobile Command Post i qp Training All drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driver has shown competence in the vehicle handling, the driver will operate the vehicle throughout the City with an experienced driver. Drivers shall also undergo California Department of Motor Vehicles commercial vehicle testing. In addition, each driver shall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for official law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. 2. SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWAT members access to equipment and uniforms during critical events. Description and capabilities: a. Freightliner M2 106 chassis (custom build), The SWAT equipment truck is used as a mobile storage unit and is deployed to critical incidents to provide SWAT team members rapid access to necessary equipment. PuTose To be used based on the specific circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized use 9 Page 282 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) The equipment truck shall be used by officers trained in its deployment and in a manner consistent with Department training. Officers with a valid California Class C license may operate the equipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model/ Quantity Initial Cost Fiscal impact(FY 22&23) Manufacturer Per Unit) Approx.for maintenance and repair) Freightliner M2 106 chassis 1 406,286.24 7008 custom build) SWAT equipment truck d t II Training Drivers shall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Law regarding the operation of motor vehicles. C. Armored Personnel Carriers 1. Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. 10 Page 283 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: a. 2011 LENCO BEARCAT G2, The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open floor plan that allows for safe rescue of injured citizens and officers. It can stop various projectiles, which provides greater safety to citizens and officers beyond the protection level of shield and personal body armor. Pul-pose To be used in response to critical incidents to enhance officer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the specific circumstances of a given critical incident. Officers may deploy the armored vehicle during exigent circumstances, such as officer/citizen rescues, without prior approval. If deployed under exigent circumstances, a supervisor shall be notified as soon as practical. Armored vehicles shall only be used by officers trained in their deployment and in a manner consistent with Department training. Expected lifespan Lenco Bearcat model G2 —25 years. Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Equipment Name and Model/ Quantity initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit Approx.for maintenance and repair) 2011 LENCO BEARCAT G2 1 315,518.65 5000 hr H7ghyly/ry ir!d„nn i 11 Page 284 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Training The driver shall receive training in the safe handling of the vehicle by a Department-qualified driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules All drivers/operators shall be sworn personnel and possess a valid class C driver's license. The vehicle shall be operated in accordance with State Law regarding the operation of motor vehicles. D. Specialty Impact Munition Weapons (SIM) and Associated Munitions 1. 40 MM Launchers and Munitions: 40 MM launchers are utilized by SWAT and Mobile Field Force (MFF)personnel as a less lethal tool to launch less lethal impact and chemical agent rounds. Description and capabilities: a. DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER#1440, the 40 MM Tactical 4-Shot Launcher is low-profile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. b. PENN ARMS, 40 MM SINGLE SHOT LAUNCHER#GSO490, the 40 MM Single Launcher is a tactical single shot launcher. It will fire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT and Mobile Field Force (MFF)personnel. c. DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262, a less lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from confined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. 12 Page 285 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Expected lifespan Defense Technology#1425 - 25 years Defense Technology#1440 - 15 years Penn Arms #GS4090 -No lifespan indicated by manufacturer Defense Technology Model 2262 Liquid Barricade Penetrator - 5 years Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MM Launchers Equipment Name and Model/Manufacturer Quantity Initial Cost Fiscal Impact(FY 22&23) Per Unit) (Approx.for maintenance and repair) DEFENSE TECHNOLOGY,40 MM TACTICAL 4-SHOT 1 1987.50 50(per unit) LAUNCHER#1440 PENN ARMS,40 MM SINGLE SHOT LAUNCHER 4 1000 50(per unit) 4GSO490 13 Page 286 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY,FERRET 40 MM LIQUID 33 S19.85 Pending City Council BARRICADE PENETRATOR MUNITION#1262 Approval,purchase order in process fbr obtaining qty 50 of the newer version#2262 @ 24.60 each — $1,230. N-«arra Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certified less lethal or chemical agent instructors. SWAT and MFF personnel receive additional training annually. SWAT operators who utilize these munitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certified chemical agent instructors. Legal and Procedural Rules Use is established under the CVPD PDM 308 - Control Devices and Techniques policy and PDM 300 - Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Impact Munitions (SIMS) and associated munitions for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. 2. SIM barrel conversion kits and SIM training projectiles: A designated barrel or bolt used in a standard firearm or handgun that when fired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to fire standard ammunition. These are non-operational rounds and non-operational weapons systems. They are used for training purposes only. Description and capabilities: a. FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES, the bolt assembly includes a bolt carrier group that converts the AR-15/M4 rifle into effective weapons designed to fire force on force 5.56mm paint marker rounds and prevent the firing of lethal ammunition. These bolts are used for training only. b. SIMUNITION SIG SAUER P226 SIMUNITION CONVERSION KITS, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P226 Pistol into an effective training weapon designed to fire force on force 9mm marker rounds and prevent the firing of lethal ammunition. These conversion kits are used for training only. 14 Page 287 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) c. FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. d. FORCE ON FORCE 9MM PAINT MARKING ROUINDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. Purpose These systems and munitions provide for realistic close quarters firearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Authorized Use Rifle caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Expected lifespan 5.56mm bolt assembly—Frequency of use. 5-year limited warranty 5.56mm SIM rounds—At least 5 years. 9mm barrel assembly—Frequency of use. 5-year limited warranty 9mm SIM rounds—At least 5 years. Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon(SIM)barrel conversion kits and training projectiles FOR TRAINING ONLY FORCE ON FORCE 5.56MM 20 239 0 MARKER BOLT ASSEMBLIES 15 Page 288 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) SIMMUNITION SIG SAUER P226 16 205 0 SIMMUNITION CONVERSION KITS pP 1)V mMuw raa rrr wir FORCE ON FORCE 5.56 MM PAINT 13 cases 282 Pending City Council Approval,purchase order MARKING ROUNDS 6,500 rounds in process far obtaining 4 cases(500 rounds per total) case =2,000 rounds) @$295/case =$1,180. urN;sxY d FORCE ON FORCE 9MM PAINT 8 cases 236 0 MARKING ROUNDS 4000 rounds total) l Training Sworn personnel are given extensive firearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. E. Pepperball Launchers and Associated Projectiles: 1. Pepperball launcher and projectiles: A device that discharges projectiles containing pepper powder and glass breaking projectiles. 16 Page 289 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: a. PepperBall VKS CARBINE, the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to fire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a dual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. b. PepperBall LIVE-X PROJECTILE, the Live-X Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. c. PepperBall GLASS BREAKER PROJECTILE, a solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans. Discharged from a PepperBall launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Authorized Use Only those officers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine- 20 years PepperBall Live-X Projectile- 3 years PepperBall Glass Breaker Projectile- 3 years 17 Page 290 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit) Approx.for maintenance and repair) PepperBall VKS CARBINE 11 849 50(per unit) PepperBall LIVE-X PROJECTILE 3,105 2.99 0 per projectile) These were i miscounted last year and the number is now accurately C1 being reflected w to be 3,105 in our inventory. PepperBall GLASS BREAKER 500 2.43 0 PROJECTILE per projectile) r f ry µqA Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certified less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under PDM 308 Control Devices and Techniques policy and PDM 300 Use of Force. It is the policy of the CVPD to utilize PepperBall only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. 18 Page 291 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) F. Less Lethal Shotguns and related munitions 1. Less Lethal Shotgun and Munitions: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Description and capabilities: a. REMINGTON 870 LESS LETHAL SHOTGUN, the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between officers and a suspect, reducing the immediacy of the threat which is a principle of De- escalation. b. 12-GAUGE CTS SUPER SOCK BEANBAG ROUND, a less lethal 2.4 inch 12- gauge shotgun round firing a ballistic fiber bag filled with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when fired from the approved distance of not fewer than five (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. it does not require a minimum range to "unfold" or"stabilize." The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Put ose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include,but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest. Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved demonstrations. Expected lifespan Remington 870 Less Lethal Shotgun - 25 years. 19 Page 292 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Super Sock Round-No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Equipment Name and Model/Manufacturer Quantity Initial Fiscal Impact(FY 22&23) Cost Approx.for maintenance and Per Unit) repair) REMINGTON 870 LESS LETHAL SHOTGUN 71 481.38 50(per unit) 12-GAUGE CTS SUPER SOCK BEANBAG ROUND 487 5.00 per round) These were miscounted last year and the G number is now accurately being reflected to be 487 in our inventory. Training All officers are trained in the 12-gauge less lethal shotgun as a less lethal option by Department training personnel. Legal and Procedural Rules Use is established under PDM 308 - Control Devices and Techniques and PDM 300 - Use of Force. it is the policy of the CVPD to only utilize the less lethal shotgun for official law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. G. Chemical Agents (non-munition) 1. Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. 20 Page 293 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: a. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of fire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by law enforcement and corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemical's effectiveness via heat and vaporization, while minimizing or negating the chance of fire to a structure. The Tri- Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede-HeatTM CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. c. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #1082, the Riot Control CS Grenade is designed specifically for outdoor use in crowd control situations with a high volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. d. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER#1026, the Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a fired delivery system. The grenade is 6.5 in. by 2.7 in. and 21 Page 294 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. Purpose To limit the escalation of conflict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: Self-destructive, dangerous and/or combative individuals. Riot/crowd control and civil unrest incidents. Barricaded subjects Circumstances where a tactical advantage can be obtained. Potentially vicious animals. Training exercises or approved public exhibitions. Authorized Use Only officers who have received POST certification in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit) Approx.for maintenance and repair) DEFENSE TECHNOLOGY, 83 31.89 Pending City Council Approval,purchase order in FLAMELESS TRI-CHAMBER per canister)process for obtaining 40 more G$39.90 each(total CS GRENADE#1032 of'$1,596). bo fa% 22 Page 295 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) DEFENSE TECHNOLOGY,There was an 22.89 Pending City Council Approval,purchase order in SPEDE-HEAT CONTINUOUS error last vear per canister)process for obtaining 40 more @$32.30 each(total DISCHARGE CS GRENADE and the number of$1,292). 1072 is now accurately being reflected tobe0inour inventory.. CS DEFENSE TECHNOLOGY, 116 22.89 0 RIOT CONTROL CS GRENADE per canister) 1082 IR DEFENSE TECHNOLOGY, 49 39.90 0 TRIPLE-CHASER SEPARATING per canister) CS CANISTER#1026 Training Sworn members utilizing chemical agent canisters are certified by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM 308.6 Tear Gas Guidelines and PDM 300 Use of Force. It is the policy of the CVPD to utilize chemical agents only for official law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. H. Diversionary Devices 1. Diversionary Devices "Flashbangs": Diversionary/distraction devices are ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. 23 Page 296 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Description and capabilities: COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE, the CTS 7290M is a serialized steel bodied single use non-bursting canister noise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165-175 average decibels. The device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE, the CTS training devices have a re-loadable fuse for repeated training use. These training fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. Pu ose To produce atmospheric overpressure, a loud report, heat, and brilliant light that may cause short-term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who have been trained by a qualified instructor in the use and deployment of the device. The devices may be used for any of the following circumstances: CTS 7290M In hostage and barricaded subject situations In high-risk warrant(search/arrest) services where there may be extreme hazards to officers and/or the public During other high-risk situations where their use would enhance officer safety During controlled training exercises. CTS 7290MT During controlled training exercises. Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices that have passed the manufacturer warranty date should not be used except in a training environment 24 Page 297 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact Diversionary Devices "Flashban s" Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit Approx.for maintenance and repair) COMBINED TACTICAL 79 at the time 40.50 0 SYSTEMS(CTS), 7290M this document DIVERSIONARY DEVICE was created last year,but we had a purchase order in process simultaneously prior to AB 481 taking effect, now bringing our current total to 106. COMBINED TACTICAL 8 44.65 0 SYSTEMS(CTS)7290MT device device bodies) TRAINING DIVERSIONARY bodies). DEVICE There was an error last year and the number is now accurately being reflected to be 8 in our inventorv. 108 14.65 trainin fuses training fuses Training Prior to use, SWAT team members must attend a POST certified SWAT academy or equivalent training. SWAT team members who have not yet completed an academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed a diversionary device instructor school. The SWAT team conducts diversionary device training annually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 25 Page 298 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) I. Specialized Firearms Less than .50 Caliber 1. Assault Rifle: Semi-automatic long-rifle that increases precision and accuracy. Description and capabilities: a. SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic rifle with an 18-inch barrel that is engineered with a 1/10 twist and fires .308 caliber ammunition. b. SMITH & WESSON MP15X RIFLE (DEPARTMENT STANDARD ISSUE), the MP15X is a gas operated semi-automatic rifle with a 16-inch barrel that is engineered with a 1/9 twist and fires 5.56/.223 caliber ammunition. c. COLT M4 LE6946CQB RIFLE (CURRENT SWAT STANDARD ISSUE), the M4 LE6946CQB is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. d. DANIEL DEFENSE DDM4 MK18 RIFLE (FUTURE SWAT STANDARD ISSUE), the DDM4 MK18 is a gas operated semi-automatic rifle with a 10.3-inch barrel that is engineered with a 1/7 twist and fires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&P- 10, MP15X, M4 LE6946CQB, and/or DDM4 MK18 rifles. Expected Lifespan: The projected rifle lifespan is determined by frequency of use. However, Smith and Wesson, Colt, and Daniel Defense all provide a limited lifetime warranty. Based on current use; the estimated lifespan for the M&P-10 is 50 years, for the MP15X 20 years, and for the DDM4 10 years. 26 Page 299 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Equipment Name and Model/ Quantity Initial Cost Fiscal Impact(FY 22&23) Manufacturer Per Unit) (Approx.for maintenance and repair) SMITH AND WESSON M&P- 1 1700 50 10 RIFLE .308 CAL(NOT STANDARD ISSUE) 0 SMITH&WESSON MP15X 94 855 50 RIFLE 5.56 CAL DEPARTMENT STANDARD ISSUE) COLT M4 LE6946CQB 24 1,500 SCHEDULED TO BE REMOVED RIFLE 5.56 CAL (CURRENT FROM SERVICE MAY2023) SWAT STANDARD ISSUE) PPTM4- DANIEL DEFENSE DDM4 24 2,083 50,000.00 MK18 RIFLE 5.56 CAL APPROVED PURCHASE, FUTURE SWAT SHIPMENT EXPECTED DELIVERY STANDARD ISSUE)APRIL 2023) 27 Page 300 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DocuSign Envelope ID:86631AA9-C450-40D5-A124-EF43E67741E8 ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023) Training: Sworn department members are required to complete annual training and qualifications to operate department rifles. Legal and Procedural Rules: Use is established under PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the rifle for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. 28 Page 301 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 302 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 303 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 304 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 305 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 306 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 307 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 308 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 309 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Page 310 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 1 [*NOTE: The inventory of certain items of consumable military equipment (i.e. ammunition, diversionary devices, chemical agents, etc.) can fluctuate throughout the year. This can be due to operational usage, training usage, operational wear, and/or manufacturer recommended replacement guidelines. While the Department strives to provide accuracy in its inventory reporting as prescribed by law, this attachment reflects approximations of certain consumable items of military equipment at the time of this policy’s publication.] A. Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles 1. Uncrewed Aircraft System (UAS): An unmanned aircraft along with the associated equipment necessary to control it remotely.1 Description and capabilities: a. DJI MAVIC MINI 2, Miniature UAS that weighs approx. 249 grams and can record video and audio with approximately 30 minutes of �light time. b. DJI INSPIRE 2, UAS with a 4K camera, weighs approx. 4001 grams and has video recording capabilities, approx. 27 minutes of �light time. c. DJI MAVIC 2 ENTERPRISE, UAS with a HD camera, audible speaker, and light, weighs approx. 900 grams. Has video recording capabilities, approx. 31 minutes of �light time. d. DJI MAVIC 2 ENTERPRISE ADVANCED, UAS with a 4K thermal camera, audible speaker, and light. Weighs approx. 1100 grams, approx. 31 minutes of �light time. e. DJI M300 with H20T/N, UAS that has 45 minutes of �light time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6300 grams. Has video recording capabilities. f. DJI M350 with H20T, UAS that has 55 minutes of �light time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6470 grams. Has video recording capabilities. g. DJI M210v2 with z30, UAS that has 35 minutes of �light time, in all weather, has an IR camera, zoom camera and light. Weighs approx. 6140 grams. Has video recording capabilities. h. DJI PHANTOM 4, UAS with a 4K camera, has video recording capabilities. Weighs approx. 1380 grams. 1 Government Code section 7070 uses the term “unmanned” where the FAA uses the term “uncrewed.” For compliance with the Government Code reporting purposes and consistency, this report will use the term “unmanned” Page 311 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 2 i. DJI MAVIC 2 ZOOM, UAS with a 4K camera, weighs approx. 905 grams. Has video recording capabilities, approx. 31 minutes of �light time. j. DJI MAVIC PRO, UAS with a 4K camera, weighs approx. 743 grams. Has video recording capabilities, approx. 27 minutes of �light time. k. SKYDIO 2, UAS with 4K camera, weighs approx. 775 grams. Has video recording capabilities, approx. 23 minutes of �light time. l. SKYDIO X2 (Color/Thermal), UAS with 4K and thermal camera, weighs approx. 1325 grams. Has video recording capabilities, approx. 35 minutes of �light time. m. PARROT ANAFI, UAS with 4K thermal camera, weighs approx. 320 grams, has video recording capabilities, approx. 25 minutes of �light time. n. BRINC LEMUR S, UAS with 1080p HD and IR camera, weighs 1088 grams. Has video recording capabilities, approx. 31 minutes of �light time. o. DJI AVATA, UAS with 4K camera, weighs approx. 410 grams. Has video recording capabilities, approx. 18 minutes of �light time. Purpose To be deployed when its view would assist of�icers or incident commanders with the following situations, which include but are not limited to: • Major collision investigations • Search for missing or wanted persons • Fires • Major incidents • Calls for service • Natural disaster management • Crime scene photography • SWAT, tactical or other public safety and life preservation missions • In response to speci�ic requests from local, state, or federal �ire authorities for �ire response and/or prevention Authorized Use Only assigned UAS operators who have completed the required training shall be permitted to operate any of the Unmanned Aerial Systems. Page 312 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 3 Expected Lifespan All UAS equipment, 3- 5 years. Quantity, Cost, and Fiscal Impact (with photos) Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Unmanned Aircraft Systems (UAS) Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) DJI MAVIC MINI 2 2 $400 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI INSPIRE 2 1 $3299 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE 4 $2399 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ENTERPRISE ADVANCED 2 $6500 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 313 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 4 DJI M300 with H20T/N 6 $25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M350 with H20T 1 $25,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI M210v2 with z30 2 $32,000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI PHANTOM 4 1 $1600 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI MAVIC 2 ZOOM 1 $1999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 314 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 5 DJI MAVIC PRO 1 $1289 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). SKYDIO 2 4 $999 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment. SKYDIO X2 (Color/Thermal 2 $14,499 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). PARROT ANAFI 1 $2000 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Page 315 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 6 BRINC LEMUR S 2 $22,996 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). DJI AVATA 2 $1,388 $50,000 Maintenance and battery replacement cost for the entire drone fleet. (Includes all UAS equipment). Training All Department UAS operators are licensed by the Federal Aviation Administration for UAS Operation. In addition, each operator must attend monthly ongoing training. Legal and Procedural Rules Use is established under PDM 613 – UAS Operations, and the FAA Regulation 14 CFR Part 107. It is the policy of the CVPD to utilize UAS only for of�icial law enforcement purposes, and in a manner that respects the privacy of our community, pursuant to the City’s privacy and technology policies, along with State and Federal Law. Operational Use for 2023-2024 From January 1, 2023, through January 11, 2024, the following UAS �lights occurred: • Approximately 4,685 flights for Drone as First Responder (DFR) • Approximately 538 field tactical deployments. Field tactical deployments include crime scene mapping, looking for missing person or dangerous subjects. Additionally, UAS team supported SWAT on (4) missions. Page 316 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 7 2022-2023 UAS Acquisitions 1 DJI Matrice 350 RTK Drone. Paid through Chula Vista Police Foundation. CVPD anticipates 4 additional drone purchases in 2024 for the already approved drone �leet. This will allow CVPD to launch (2) UAS per launch site per our FAA Certi�icate of Authorization (2022-WSA-11425-COA). Additionally, this will allow CVPD to supplement UAS that are taken out of service for maintenance. The cost and models of drone purchases are currently unknown. However, drone purchases will be up to $50,000 and funding will come from the Chula Vista Police Foundation or from Measure A funds. Any new acquisitions of drones will be used as previously approved by City Council and pursuant to the already established Military Equipment Use Policy and AB 481. UAS Personnel Costs • The CVPD DFR program includes full-time positions for (1) police lieutenant, (1) police sergeant, (2) police officer pilots, and contract staffing (Flying Lion). • The DFR program is funded through Measure A with an annual cost of $1.5 million. • In March 2023, the DFR program expanded to nighttime flying with an additional cost of $206,877. Funding is also approved through Measure A. 2. Robot: An unmanned ground-based machine along with the associated equipment necessary to control it remotely. Description and capabilities: a. ROBOTEX AVATAR III, the Robotex Avatar III is a heavy-duty robot. It has stair climbing ability and an arm capable of remote manipulation. The Avatar III also offers multiple communications options, a chassis and manipulator that allow for accessories and tool combinations. The robot is primarily deployed as a tool for the SWAT Team; however, it can be used for other authorized patrol functions. It operates as a de-escalation tool in a variety of capacities (see Purpose section below). Purpose To be deployed when its use would assist of�icers or incident commanders with the following situations, which include but are not limited to: • Remotely gain visual/audio data • Deliver phone during hostage/barricaded subject negotiations • Open doors • Disrupt suspicious/dangerous packages • Training/authorized public exhibition Page 317 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 8 Authorized Use Only sworn personnel who have been trained on the robot’s function, use, and capabilities shall be permitted to operate the robot. Expected Lifespan Robot and arm attachment, 8-10 years. Quantity, Cost, and Fiscal Impact Unmanned Remotely Piloted, Powered Aerial or Ground Vehicles Robots Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) ROBOTEX AVATAR III 1 $40,793.56 $0 Training All robot operators must complete in-house training in the use, function, and deployment of the robot by trained robot operators. Legal and Procedural Rules The use of the robot is for of�icial law enforcement purposes only, and in a manner that respects the privacy of our community, pursuant to the City’s privacy and technology policies, along with State and Federal Law. Operational Use for 2023 The Robotex Avatar robot was not used during this reporting period. B. Command and Control Vehicles Page 318 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 9 1. Mobile Command Post (CP): A mobile office that provides shelter, police equipment, access to Police Department computer systems, and restroom facilities on extended events. Description and capabilities: a. Freightliner M2-106, The CP can also be utilized for SWAT/CNT and other critical incidents, preplanned large events, searching for missing persons, natural disasters, and community events. Purpose To be used based on the speci�ic circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized Use The CP shall be operated by of�icers trained in their deployment and in a manner consistent with State Law regarding the operation of motor vehicles. Furthermore, only of�icers who have completed the California Class B Commercial driver training provided by the Department and properly licensed will be permitted to drive the CP. Expected Lifespan 20-year lifespan on chassis and 10-year warranty on vehicle structure. Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) Freightliner M2-106 Mobile Command Post 1 $778,000 Regional Asset Funded through UASI grant $2000 Training All drivers shall receive training in the safe handling of the vehicle on a closed training course. Once the driver has shown competence in the vehicle handling, the driver will operate the vehicle throughout Page 319 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 10 the city with an experienced driver. Drivers shall also undergo California Department of Motor Vehicles commercial vehicle testing. In addition, each driver shall attend bi-yearly training as authorized by the Department. Legal and Procedural Rules It is the policy of Department to use the CP only for of�icial law enforcement purposes, and in accordance with State law regarding the operation of motor vehicles. 2. SWAT Equipment Truck: A mobile storage unit/preparation area that provides SWAT members access to equipment and uniforms during critical events. Description and capabilities: a. Freightliner M2 106 chassis (custom build), The SWAT equipment truck is used as a mobile storage unit and is deployed to critical incidents to provide SWAT team members rapid access to necessary equipment. Purpose To be used based on the speci�ic circumstances of a given critical incident, large event, natural disaster, or community event that is taking place. Authorized use The equipment truck shall be used by of�icers trained in its deployment and in a manner consistent with Department training. Of�icers with a valid California Class C license may operate the equipment truck. Expected lifespan The Equipment Truck, 20-year lifespan on chassis, lifetime warranty on vehicle structure. Upgrades needed after 12 years of purchase to maintain IT systems. /// /// /// Page 320 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 11 Quantity, Cost, and Fiscal Impact Command and Control Vehicles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) Freightliner M2 106 chassis (custom build) SWAT equipment truck 1 $406,286.24 Obtained through asset seizure funds $7008 Training Drivers shall receive training in the safe handling of the vehicle by a Department-quali�ied driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Legal and Procedural Rules The equipment truck shall be deployed for authorized use and operated in accordance with California State Law regarding the operation of motor vehicles. Operational Use for 2023 • The Mobile Command Vehicle was used 14 times during this reporting period. 12 uses for DUI checkpoints and 2 uses for special event support. • The SWAT Command Vehicle was used 4 times during this reporting period. 2 uses for SWAT callouts, 1 use for San Diego high-risk warrant service, and 1 use for Lemon Grove barricaded felony suspect. C. Armored Personnel Carriers 1. Armored vehicle: Commercially produced wheeled armored vehicle utilized for law enforcement purposes. /// /// /// Page 321 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 12 Description and capabilities: a. 2011 LENCO BEARCAT G2, The Lenco Bearcat, G2, is an armored vehicle that seats 10-12 personnel with an open �loor plan that allows for safe rescue of injured citizens and of�icers. It can stop various projectiles, which provides greater safety to citizens and of�icers beyond the protection level of shield and personal body armor. Purpose To be used in response to critical incidents to enhance of�icer and community safety, improve scene containment and stabilization, and assist in resolving critical incidents. The vehicle may also be used during formal training or community demonstrations with approval from the Watch Commander, SWAT Commander, or a SWAT Team Leader. Authorized Use The use of armored vehicles shall only be authorized by a sworn supervisor or manager based on the speci�ic circumstances of a given critical incident. Of�icers may deploy the armored vehicle during exigent circumstances, such as of�icer/citizen rescues, without prior approval. If deployed under exigent circumstances, a supervisor shall be noti�ied as soon as practical. Armored vehicles shall only be used by of�icers trained in their deployment and in a manner consistent with Department training. Expected lifespan Lenco Bearcat model G2 – 25 years. Quantity, Cost, and Fiscal Impact Armored Personnel Carriers Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) 2011 LENCO BEARCAT G2 1 $315,518.65 Obtained through a Homeland Security Grant $5000 Training The driver shall receive training in the safe handling of the vehicle by a Department-quali�ied driver. Once the driver has shown competence in vehicle handling, the driver may operate the vehicle for authorized use. Page 322 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 13 Legal and Procedural Rules All drivers/operators shall be sworn personnel and possess a valid class C driver’s license. The vehicle shall be operated in accordance with State Law regarding the operation of motor vehicles. Operational Use for 2023 • The armored personnel vehicle was used 7 times during this reporting period. 2 uses for SWAT responses in the City of Chula Vista, 1 use for a high-risk warrant service in the City of San Diego, 1 use for a barricaded felony suspect in the City of Lemon Grove, 1 use for assisting the San Diego Police Department SWAT serving a high risk warrant service assist in the City of San Diego, 1 use for Patrol assist with an armed/barricaded DV suspect, and 1 use for special event support. D. Specialty Impact Munition Weapons (SIM) and Associated Munitions 1. 40 MM Launchers and Munitions: 40 MM launchers are utilized by SWAT personnel as a less lethal tool to launch less lethal impact and chemical agent rounds. Description and capabilities: a. DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER #1440, the 40 MM Tactical 4-Shot Launcher is low-pro�ile and lightweight, providing multi-shot capability in an easy to carry launcher. It features an adjustable Picatinny mounted front grip, and a unique direct-drive system to advance the magazine cylinder. It will launch a 40MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. b. PENN ARMS, 40 MM SINGLE SHOT LAUNCHER #GL1-40 (also known as #GS0490), the 40 MM Single Launcher is a tactical single shot launcher. It will �ire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. c. DEFENSE TECHNOLOGY, 40 MM LMT TACTICAL SINGLE LAUNCHER #1426, the 40 MM LMT Tactical Single Launcher is a tactical single shot launcher. It will �ire standard 40 MM less lethal ammunition, up to 4.8 inches in cartridge length. It will launch a 40 MM less lethal round up to 131 feet and is only authorized to be used by trained SWAT personnel. d. DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262, a less lethal 40 MM round used to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside of a structure or vehicle. In a tactical deployment situation, the 40 MM Ferret is primarily used to dislodge barricaded subjects from con�ined areas. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. Page 323 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 14 e. DEFENSE TECHNOLOGY, EXACT IMPACT 40 MM STANDARD RANGE SPONGE ROUND #6325, the Exact Impact 40 mm sponge round is a point-of-aim, point-of-impact direct-�ire round. It is a lightweight, high-speed projectile consisting of a plastic body and sponge nose that is spin stabilized via the incorporated ri�ling collar and the 40 mm launcher’s ri�led barrel. Its purpose is to minimize the risks to all parties through temporary discomfort, pain compliance, and/or incapacitation of potentially violent or dangerous subjects. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved public exhibitions. Expected lifespan a. Defense Technology #1440 - 15 years b. Penn Arms #GL1-40 - No lifespan indicated by manufacturer c. Defense Technology Model 2262 Liquid Barricade Penetrator - 5 years /// /// /// Page 324 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 15 Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapons (SIM) 40 MM Launchers Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) DEFENSE TECHNOLOGY, 40 MM TACTICAL 4-SHOT LAUNCHER #1440 1 $1987.50 $50 (per unit) PENN ARMS, 40 MM SINGLE SHOT LAUNCHER #GL1-40 (also known as #GS0490) 4 $1000 $50 (per unit) DEFENSE TECHNOLOGY, 40 MM LMT TACTICAL SINGLE SHOT LAUNCHER #1426 0 $1,441.77 Request to purchase qty 5 to replace existing aging 40mm launchers @ $1,441.77 each = $7,208.85 Specialty Impact Munition Weapons (SIM) Projectiles DEFENSE TECHNOLOGY, FERRET 40 MM LIQUID BARRICADE PENETRATOR MUNITION #2262 0 $24.60 Request to purchase qty 100 to resupply depleted inventory @ $24.60 each = $2,460. Page 325 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 16 DEFENSE TECHNOLOGY, EXACT IMPACT 40 MM STANDARD RANGE SPONGE ROUND #6325 0 $23.00 Request to purchase qty 80 to return this item to inventory @ $23.00 each = $1,840.00 Training Sworn members utilizing 40 MM less lethal chemical agents or impact rounds are trained in their use by POST certi�ied less lethal or chemical agent instructors. SWAT personnel receive additional training annually. SWAT operators who utilize these munitions have successfully completed a POST approved chemical agent school, SWAT academy and/or have been trained in-house by POST certi�ied chemical agent instructors. Legal and Procedural Rules Use is established under the CVPD PDM 308 - Control Devices and Techniques policy and PDM 300 - Use of Force policy. It is the policy of the CVPD to only utilize the less lethal Specialty Impact Munitions (SIMS) and associated munitions for of�icial law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. Operational Use for 2023 • The Penn Arms 40mm launcher was used 1 time during this reporting period. This involved a SWAT callout for a barricaded suspect wanted for multiple felony charges. • The Defense Technology 40mm #2262 ferret round was used 9 times during this reporting period. This involved a SWAT callout for a barricaded suspect wanted for multiple felony charges. • 24 Defense Technology 40mm #2262 ferret rounds were removed from operational service due to expiration. They were retained and will be utilized for training purposes only. Acquisitions for 2024 • Request to purchase Defense Technology 40 mm LMT Tactical Single Shot Launchers #1426 to replace existing aging 40mm launchers. Quantity 5 @ $1,441.77 each = $7,208.85 • Request to purchase Defense Technology Ferret 40 mm Liquid Barricade Penetrator Munition #2262 to resupply depleted inventory. Quantity 100 @ $24.60 each = $2,460. • Request to purchase Defense Technology Exact Impact 40 mm Standard Range Sponge Round #6325 to return this item to inventory. Quantity 80 @ $23.00 each = $1,840.00 Page 326 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 17 2. SIM barrel conversion kits and SIM training projectiles: A designated barrel or bolt used in a standard �irearm or handgun that when �ired only discharges specially designed SIM paint marking rounds. The conversion kits do not permit the weapon to �ire standard ammunition. These are non-operational rounds and non-operational weapons systems. They are used for training purposes only. Description and capabilities: a. FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES, the bolt assembly includes a bolt carrier group that converts the AR-15/M4 ri�le into effective weapons designed to �ire force on force 5.56mm paint marker rounds and prevent the �iring of lethal ammunition. These bolts are used for training only. b. SIMUNITION SIG SAUER P226 CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P226 Pistol into an effective training weapon designed to �ire force on force 9mm marker rounds and prevent the �iring of lethal ammunition. These conversion kits are used for training only. c. SIMUNITION SIG SAUER P320 CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Sig Sauer P320 Pistol into an effective training weapon designed to �ire force on force 9mm marker rounds and prevent the �iring of lethal ammunition. These conversion kits are used for training only. d. SIMUNITION SMITH & WESSON M&P CONVERSION KIT, the Simunition Conversion Kit includes a barrel and ramp that converts the Smith & Wesson M&P Pistol into an effective training weapon designed to �ire force on force 9mm marker rounds and prevent the �iring of lethal ammunition. These conversion kits are used for training only. e. FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. f. FORCE ON FORCE 9 MM PAINT MARKING ROUINDS, non-operational munition for training purposes only. Paint Marking round designed to be used with the SIM conversion kits during training exercises. These rounds are used for training only. Purpose These systems and munitions provide for realistic close quarters �irearms training while allowing the shooter to visually assess shot placement and accuracy in force-on-force training scenarios. Authorized Use Ri�le caliber SIMs (5.56mm) are used exclusively by SWAT for training purposes only. Pistol caliber SIMs (9mm) are used by SWAT and other sworn personnel for in-service training. Page 327 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 18 Expected lifespan 5.56mm bolt assembly – Frequency of use. 5-year limited warranty 5.56mm SIM rounds – At least 5 years. 9mm barrel assembly – Frequency of use. 5-year limited warranty 9mm SIM rounds – At least 5 years. Quantity, Cost, and Fiscal Impact Specialty Impact Munition Weapon (SIM) barrel conversion kits and training projectiles (FOR TRAINING ONLY) FORCE ON FORCE 5.56MM MARKER BOLT ASSEMBLIES 26 *This number was inadvertently reported last year as 20, but should correctly reflect 26 $304 Request to purchase qty 15 for department’s current issued patrol rifle @ $304.00 = $4,560.00. SIMUNITION SIG SAUER P226 CONVERSION KITS 16 $205 $0 SIMUNITION SIG SAUER P320 CONVERSION KITS 0 $678.53 Request to purchase qty 24 for department’s current issued duty weapon @ $678.53 = $16,284.72. SIMUNITION SMITH & WESSON M&P CONVERSION KIT 0 $630.50 Request to purchase qty 1 for department’s yearly training @ $630.50. Page 328 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 19 FORCE ON FORCE 5.56 MM PAINT MARKING ROUNDS 15 cases (7,500 rds) $384.00 Request to purchase qty 30 cases (500 rounds per case = 15,000 rounds) @ $384 each = $11,520.00. FORCE ON FORCE 9MM PAINT MARKING ROUNDS 7 cases (3500 rds) $384.00 Request to purchase qty 10 cases (500 rounds per case = 5,000 rounds) @ $384 each = $3,840.00. Training Sworn personnel are given extensive �irearms handling courses and weapons safety instruction to include the use of SIMs for training purposes. Legal and Procedural Rules These systems are for training purposes only. Users will wear protective gear or clothing and only operate the equipment in a controlled training environment and when safe to do so. Operational Use for 2023 • 6 unused Force on Force 5.56mm Marker Bolt Assemblies were located in a department range storage area bringing the current total to 26. • This equipment was only used for training purposes during this reporting period. Acquisitions for 2024 • Request to purchase Force on Force 5.56mm Marker Bolt Assemblies to further accommodate department mandatory firearms and tactical training. Quantity 15 @ 304.00 each = $4,560.00. Page 329 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 20 • Request to purchase Simunition Sig Sauer P320 Conversion Kit to further accommodate department mandatory firearms and tactical training. Quantity 24 @ 678.53 each = $16,284.72. • Request to purchase Simunition Smith & Wesson M&P Conversion Kit to further accommodate department mandatory firearms and tactical training. Quantity 1 @ 630.50 each = $630.50. • Request to purchase Force on Force 5.56mm Marking Rounds to further accommodate department mandatory firearms and tactical training. Quantity 30 @ 384.00 each = $11,520.00. • Request to purchase Force on Force 9mm Marking Rounds to further accommodate department mandatory firearms and tactical training. Quantity 10 @ 384.00 each = $3,840.00. E. Pepperball Launchers and Associated Projectiles: 1. Pepperball launcher and projectiles: A device that discharges projectiles containing pepper powder and glass breaking projectiles. Description and capabilities: a. PepperBall VKS CARBINE, the Variable Kinetic System (VKS) is a compressed-air powered launcher designed to �ire non-lethal PepperBall projectiles. The PepperBall VKS Carbine features a dual feed system that offers the ability to quickly switch between hopper mode for optimum versatility. b. PepperBall LIVE-X PROJECTILE, the Live-X Projectile contains a concentrated amount of PAVA pepper powder. One round of LIVE-X contains the equivalent to 10 standard PepperBall rounds. Discharged from a PepperBall Launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. The projectile contains 5% PAVA powder. c. PepperBall GLASS BREAKER PROJECTILE, a solid polymer projectile used for breaking out residential windows and side-glass of automobiles. Not for use on humans. Discharged from a PepperBall launcher, the projectile has a velocity of 280-350 FPS. The projectile has a direct impact of 60ft and an area of saturation of 150+ft. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved demonstrations. Page 330 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 21 Authorized Use Only those of�icers who have been trained in the use of PepperBall launchers are authorized to use the PepperBall launchers. Expected lifespan PepperBall VKS Carbine- 20 years PepperBall Live-X Projectile- 3 years PepperBall Glass Breaker Projectile- 3 years Quantity, Cost, and Fiscal Impact PepperBall Launchers and Associated Projectiles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) PepperBall VKS CARBINE 11 $849 $50 (per unit) PepperBall LIVE-X PROJECTILE 2,850 2.99 (per projectile) $0 PepperBall GLASS BREAKER PROJECTILE 50 *This number was inadvertently reported last year as being 500, but should correctly reflect 50. $2.43 (per projectile) $0 Page 331 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 22 Training Sworn members utilizing PepperBall launchers and projectiles are trained in their use by POST certi�ied less lethal and chemical agent instructors. Hiring, training, and staging of equipment by of�icers is a cause for the projectile inventory being in a state of �lux. This is the primary cause for the inventory miscalculation from previous reporting. The reported number in 2022 was approximately 1,000 projectiles and is currently 3,105. Legal and Procedural Rules Use is established under PDM – 308 Control Devices and Techniques policy and PDM 300 Use of Force. It is the policy of the CVPD to utilize PepperBall only for of�icial law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. Operational Use for 2023 • The PepperBall equipment was deployed by officers 9 times during this reporting period. F. Less Lethal Shotguns and related munitions 1. Less Lethal Shotgun and Munitions: Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super-Sock Beanbag Round. The shotgun is designed as a less lethal tool and is painted bright orange to distinguish itself from other weapons systems. Description and capabilities: a. REMINGTON 870 LESS LETHAL SHOTGUN, the Remington 870 Less Lethal Shotgun is used to deploy the less lethal 12-gauge Super Sock Beanbag Round up to a distance of 75 feet. The range of the weapon system helps to maintain space between of�icers and a suspect, reducing the immediacy of the threat which is a principle of De-escalation. b. 12-GAUGE CTS SUPER SOCK BEANBAG ROUND, a less lethal 2.4 inch 12-gauge shotgun round �iring a ballistic �iber bag �illed with 40 grams of lead shot at a velocity of 270-290 FPS. CTS Super-Sock rounds are discharged from a dedicated 12-gauge shotgun that is distinguishable by an orange butt stock and foregrip. This round provides accurate and effective performance when �ired from the approved distance of not fewer than �ive (5) feet. The maximum effective range of this munition is up to 75 feet from the target. The Model 2581 Super-Sock is in its deployed state immediately upon exiting the barrel. It does not require a minimum range to “unfold” or “stabilize.” The Super-Sock is an aerodynamic projectile. However, accuracy is relative to the shotgun, barrel length, environmental conditions, and the operator. The Super-Sock is very accurate. However, effectiveness depends on many variables, such as distance, clothing, stature, weather, and the point where the projectile impacts. Page 332 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 23 Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Authorized Use Situations for use of the less lethal weapons systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest. • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved demonstrations. Expected lifespan Remington 870 Less Lethal Shotgun - 25 years. Super Sock Round - No listed expiration date. Quantity, Cost, and Fiscal Impact Less Lethal Shotguns and related munitions Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) REMINGTON 870 LESS LETHAL SHOTGUN 71 $481.38 $50 (per unit) 12-GAUGE CTS SUPER SOCK BEANBAG ROUND 435 $5.00 (per round) $0 Training All of�icers are trained in the 12-gauge less lethal shotgun as a less lethal option by Department training personnel. Page 333 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 24 Hiring and training of of�icers is a cause for the projectile inventory being in a state of �lux. This is the primary cause for the inventory miscalculation from previous reporting. The reported number of projectiles in 2022 was approximately 350 and is currently 487. Legal and Procedural Rules Use is established under PDM 308 - Control Devices and Techniques andPDM 300 - Use of Force. It is the policy of the CVPD to only utilize the less lethal shotgun for of�icial law enforcement purposes, and pursuant to State and Federal Law, including those regarding the use of force. Operational Use for 2023 • The Less Lethal Beanbag Shotgun was deployed 8 times and the Super Sock Beanbag round 19 times during this reporting period. G. Chemical Agents (non-munition) 1. Chemical Agent Canisters: Canisters that contain chemical agents that are released when deployed. Description and capabilities: a. DEFENSE TECHNOLOGY, FLAMELESS TRI-CHAMBER CS GRENADE #1032, The design of the Tri-Chamber Flameless CS Grenade allows the contents to burn within an internal can and disperse the agent safely with reduced risk of �ire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade will deliver approximately .70 oz. of agent during its 20-25 second burn time. The Tri-Chamber Flameless Grenade can be used in crowd control as well as tactical deployment situations by law enforcement and corrections but was designed with the barricade situation in mind. Its applications in tactical situations are primarily to detect and/or dislodge barricaded subjects. The purpose of the Tri-Chamber Flameless Grenade is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent or dangerous subjects. The Tri-Chamber Flameless Grenade provides the option of delivering a pyrotechnic chemical device indoors, maximizing the chemical’s effectiveness via heat and vaporization, while minimizing or negating the chance of �ire to a structure. The Tri-Chamber Flameless Grenade is NOT to be launched utilizing a launching cup. b. DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072, the Spede-Heat™ CS Grenade is a high volume, continuous burn. It expels its payload in approximately 20-40 seconds. The payload is discharged through four gas ports on top of the canister, three on the side and one on the bottom. This launchable grenade is 6.12 in. by 2.62 in. and holds approximately 2.9 oz. of active agent. c. DEFENSE TECHNOLOGY, RIOT CONTROL CONTINUOUS DISCHARGE CS GRENADE #1082, the Riot Control CS Grenade is designed speci�ically for outdoor use in crowd Page 334 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 25 control situations with a high-volume continuous burn that expels its payload in approximately 20-40 seconds through four gas ports located on the top of the canister. This grenade can be used to conceal tactical movement or to route a crowd. The volume of smoke and agent is vast and obtrusive. This launchable grenade is 6.0 in. by 2.35 in. and holds approximately 2.7 oz. of active agent. d. DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026, the Triple-Chaser CS consists of three separate canisters pressed together with separating charges between each. When deployed, the canisters separate and land approximately 20 feet apart allowing increased area coverage in a short period of time. This grenade can be hand thrown or launched from a �ired delivery system. The grenade is 6.5 in. by 2.7 in. and holds an approximately 3.2 oz. of active agent payload. It has an approximate burn time of 20-30 seconds. e. COMBINED TACTICAL SYSTEMS (CTS) BAFFLED CS CANISTER GRENADE #5230B, the design of the CTS Baf�led CS Canister Grenade allows the contents to burn and disperse a very high volume of CS irritant agent safely with a very minimal risk of �ire. The grenade is designed primarily for indoor tactical situations to detect and/or dislodge a barricaded subject. This grenade expels its payload through four emission ports in approximately 20-40 seconds. Purpose To limit the escalation of con�lict where employment of lethal force is prohibited or undesirable. Situations for use of the less lethal weapon systems may include, but are not limited to: • Self-destructive, dangerous and/or combative individuals. • Riot/crowd control and civil unrest incidents. • Barricaded subjects • Circumstances where a tactical advantage can be obtained. • Potentially vicious animals. • Training exercises or approved public exhibitions. Authorized Use Only of�icers who have received POST certi�ication in the use of chemical agents are authorized to use chemical agents. Expected lifespan 5 years from manufacturing date. /// /// /// Page 335 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 26 Quantity, Cost, and Fiscal Impact Chemical Agents (non-munition) Chemical Agent Canisters Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) DEFENSE TECHNOLOGY, FLAMELESS TRI- CHAMBER CS GRENADE #1032 50 $31.89 (per canister) $0 DEFENSE TECHNOLOGY, SPEDE-HEAT CONTINUOUS DISCHARGE CS GRENADE #1072 0 $32.30 (per canister) Request to purchase qty 50 to resupply depleted inventory @ $32.30 each = $1615.00 *Last year’s report indicated a request to purchase 40, which were never ordered/received. DEFENSE TECHNOLOGY, RIOT CONTROL CS GRENADE #1082 49 $32.70 (per canister) Request to purchase qty 50 to add to existing inventory @ $32.30 each = $1635.00 DEFENSE TECHNOLOGY, TRIPLE-CHASER SEPARATING CS CANISTER #1026 49 $39.90 (per canister) $0 COMBINED TACTICAL SYSTEMS (CTS), BAFFLED CS CANISTER GRENADE #5230B 0 $47.52 (per canister) Request to purchase qty 50 to add this item to inventory @ $47.52 each = $2,376.00 Page 336 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 27 Training Sworn members utilizing chemical agent canisters are certi�ied by POST less lethal and chemical agent instructors. Legal and Procedural Rules Use is established under the PDM 308.6 – Tear Gas Guidelines and PDM 300 – Use of Force. It is the policy of the CVPD to utilize chemical agents only for of�icial law enforcement purposes, and pursuant to State and Federal law, including those regarding the use of force. Operational Use for 2023 • The Defense Technology Flameless Tri-Chamber #1032 was used 6 times during SWAT callouts during this reporting period. • The Defense Technology Flameless Tri-Chamber #1032 was used 4 times and the Defense Technologies Riot Control #1082 was used 3 times during training only. • 23 Defense Technologies Flameless Tri-Chamber #1032 and 64 Defense Technologies Riot Control #1082 were removed from operational service due to expiration dates. These were retained and will be utilized for training purposes only. Acquisitions for 2024 • Request to purchase Defense Technology Spede-Heat #1072 to resupply depleted inventory, quantity 50 @ $32.30 each = $1615.00. • Request to purchase Defense Technologies Riot Control #1082 to add to existing inventory, quantity 50 @ $32.30 each = $1635.00. • Request to purchase Combined Tactical Systems (CTS) #5230B to add this item to inventory, quantity 50 @ $47.52 each = $2,376.00. H. Diversionary Devices 1. Diversionary Devices “Flashbangs”: Diversionary/distraction devices are ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. Description and capabilities: a. COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE, the CTS 7290M is a serialized steel bodied single use non-bursting canister noise flash diversionary device. The weight is 430 grams. The light output is 2 million candela minimum. The sound output is 165-175 average decibels. The device produces a thunderous bang with an intense bright light. Ideal for distracting dangerous suspects during hostage rescue, barricaded subjects, room entry or other high-risk incidents. Page 337 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 28 b. COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE, the CTS training devices have a re-loadable fuse for repeated training use. These training fuses produce lowered sound (120 decibels) and light output than the CTS 7290M diversionary device. c. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE, the Liberty Dynamic Electronic Device has a reloadable fuse for repeated deployment. The digital “smart” fuse can be programed to desired delay length, possesses LED indicator lights which provide device condition feedback, and will render itself safe within 60 seconds if there is a failure upon deployment. The sound output is 184 average decibels. During transport and storage, the fuse and device body are kept separate increasing officer safety. d. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE, the Liberty Dynamic Electronic Training Device has a reloadable fuse for repeated training use. These training fuses have similar deployment mechanics as the original devices with a significantly reduced cost. Purpose To produce atmospheric overpressure, a loud report, heat, and brilliant light that may cause short-term physiological and psychological sensory effects to suspects, providing a tactical advantage during high-risk incidents. Authorized Use By SWAT members who have been trained by a quali�ied instructor in the use and deployment of the device. The devices may be used for any of the following circumstances: CTS 7290M • In hostage and barricaded subject situations • In high-risk warrant (search/arrest) services where there may be extreme hazards to of�icers and/or the public • During other high-risk situations where their use would enhance of�icer safety • During controlled training exercises. CTS 7290MT • During controlled training exercises. LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE • In hostage and barricaded subject situations • In high-risk warrant (search/arrest) services where there may be extreme hazards to of�icers and/or the public • During other high-risk situations where their use would enhance of�icer safety • During controlled training exercises. Page 338 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 29 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE • During controlled training exercises Expected lifespan All CTS devices have a 5-year manufacturer warranty from their shipment date. Devices that have passed the manufacturer warranty date should not be used except in a training environment. All Liberty Dynamic Electronic Devices have a 2-year manufacturer warranty from their shipment date. They have unlimited use and only require replacement if physical or electronic damage occurs. Quantity, Cost, and Fiscal Impact Diversionary Devices “Flashbangs” Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) COMBINED TACTICAL SYSTEMS (CTS), 7290M DIVERSIONARY DEVICE 80 $40.50 $0 COMBINED TACTICAL SYSTEMS (CTS) 7290MT TRAINING DIVERSIONARY DEVICE 10 (device bodies) 57 (training fuses) $44.65 (device bodies) $14.65 (training fuses) $0 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY DEVICE 24 (device bodies) 96 (fuses) $604.17 Request to purchase as an initial package qty of 24 as eventual replacement for current 7290M and 7290MT @ $604.17 = $14,500.00. Page 339 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 30 LIBERTY DYNAMIC ELECTRONIC DIVERSIONARY TRAINING DEVICE 24 (device training bodies) 108 (training fuses) (included in initial purchase) (included in initial purchase) Training Prior to use, SWAT team members must attend a POST certi�ied SWAT academy or equivalent training. SWAT team members who have not yet completed an academy may use diversionary devices if they have been trained by a CVPD SWAT team member that has completed a diversionary device instructor school. The SWAT team conducts diversionary device training annually. Legal and Procedural Rules Sworn personnel shall only utilize diversionary devices for of�icial law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Operational Use for 2023 • 21 CTS 7290M devices were used during 2 SWAT callouts and 1 SWAT high-risk warrant service. • 14 CTS 7290M devices were used for training and demonstration purposes only. • CTS 7290MT were only used for training purposes during this reporting period. 2 CTS 7290MT devices were incidentally acquired during 2023 increasing the number from 8 to 10. 1 device was included within a previous order of training fuses from CTS and 1 was found at a Law Enforcement training venue. Acquisitions for 2024 • Request to purchase Liberty Dynamic Electronic Diversionary Devices and Liberty Dynamic Electronic Diversionary Training Devices when current CTS 7290M and CTS 7290MT device inventory becomes exhausted and can be phased out of operational service. Initial purchase would include 24 devices, 24 training devices, 96 fuses, and 108 training fuses. Quantity 24 @ 604.17 = $14,500.00. I. Specialized Firearms Less than .50 Caliber 1. Assault Ri�le: Semi-automatic long-ri�le that increases precision and accuracy. Page 340 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 31 Description and capabilities: a. SMITH AND WESSON M&P-10 RIFLE (NOT STANDARD ISSUE), the M&P-10 is a gas operated semi-automatic ri�le with an 18-inch barrel that is engineered with a 1/10 twist and �ires .308 caliber ammunition. b. SMITH & WESSON MP15X RIFLE (DEPARTMENT STANDARD ISSUE), the MP15X is a gas operated semi-automatic ri�le with a 16-inch barrel that is engineered with a 1/9 twist and �ires 5.56/.223 caliber ammunition. c. COLT M4 LE6946CQB RIFLE (CURRENT SWAT STANDARD ISSUE), the M4 LE6946CQB is a gas operated semi-automatic ri�le with a 10.3-inch barrel that is engineered with a 1/7 twist and �ires 5.56/.223 caliber ammunition. d. DANIEL DEFENSE DDM4 MK18 RIFLE (FUTURE SWAT STANDARD ISSUE), the DDM4 MK18 is a gas operated semi-automatic ri�le with a 10.3-inch barrel that is engineered with a 1/7 twist and �ires 5.56/.223 caliber ammunition. Purpose: To be used as precision weapons to address threats with more accuracy and/or greater distance than a handgun, if present and feasible. Authorized Use: Unless exigent circumstances exist, only CVPD sworn members who have completed and maintained department training standards may deploy the M&P-10, MP15X, M4 LE6946CQB, and/or DDM4 MK18 ri�les. Expected Lifespan: The projected ri�le lifespan is determined by frequency of use. However, Smith and Wesson, Colt, and Daniel Defense all provide a limited lifetime warranty. Based on current use; the estimated lifespan for the M&P-10 is 50 years, for the MP15X 20 years, and for the DDM4 10 years. /// /// /// Page 341 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 32 Quantity, Cost, and Fiscal Impact: Specialized Firearms Less than .50 Caliber Assault Rifles Equipment Name and Model / Manufacturer Quantity Initial Cost (Per Unit) Fiscal Impact (FY 23 & 24) (Approx. for maintenance and repair) SMITH AND WESSON M&P- 10 RIFLE .308 CAL (NOT STANDARD ISSUE & SWAT) 1 $1700 $50.00 SMITH & WESSON MP15X RIFLE 5.56 CAL (DEPARTMENT STANDARD PATROL ISSUE) 94 $855 $50.00 COLT M4 LE6946CQB RIFLE 5.56 CAL (SWAT TRAINING ONLY) 2 $1,500 $50.00 DANIEL DEFENSE DDM4 MK18 RIFLE 5.56 CAL (SWAT STANDARD ISSUE) 24 $2,083 $50.00 Training: Sworn department members are required to complete annual training and quali�ications to operate department ri�les. Page 342 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ATTACHMENT A CVPD MILITARY EQUIPMENT INVENTORY (2023-2024) 33 Legal and Procedural Rules: Use is established under PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the ri�le for of�icial law enforcement purposes, and pursuant to State and Federal law regarding the use of force. Operational Use for 2023 22 Colt M4 ri�les were removed from �ield operations and disassembled. 2 Colt M4 ri�les were removed from �ield operations and retained for SWAT training purposes only. SWAT SWAT is a budgeted assignment and team positions are considered a collateral duty (part-time assignment). Total CVPD SWAT FY 23/24 budget = $200,299. Training: Sworn department members are required to complete annual training and qualifications to operate department rifles. Legal and Procedural Rules: Use is established under PDM 300 - Use of Force. It is the policy of the CVPD to only utilize the rifle for official law enforcement purposes, and pursuant to State and Federal law regarding the use of force. /// /// /// Page 343 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Annual Report of CVPD’s Military Equipment Use As Required By CA Assembly Bill 481 (AB481) CHULA VISTA POLICE DEPARTMENT Presented by Page 344 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda INTRODUCTIONS Captain Dan Peak, Patrol Division / SWAT Lieutenant Scott Adkins, Patrol Division / SWAT 2Page 345 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda GOAL OF THIS PRESENTATION •To outline and explain the current uses for military- style equipment utilized by the Chula Vista Police Department. •To describe the need and importance for this equipment, which is to maintain public safety and provide the highest quality of police service to our community. •To provide an annual report to City Council on military-style equipment required by AB481. 3Page 346 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda WHAT IS MILITARY EQUIPMENT? •Commonly used police equipment that was redefined by the California State Legislature under AB481. •This includes command vehicles, drones, less lethal tools, and other equipment already used by the CVPD. •None of the equipment used by the CVPD was obtained from the military and we do not participate in the federal 1033 Surplus Military Equipment Program. 4Page 347 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda WHY IS THIS EQUIPMENT IMPORTANT? •To protect life and safeguard the community. •To de-escalate and bring a safe resolution to critical incidents. •To properly equip our officers so they can safely perform their jobs. 5Page 348 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda CHULA VISTA POLICE EQUIPMENT GUIDELINES Military equipment, as defined by AB481, shall only be used under the following circumstances: •The employee has completed all applicable training, including Peace Officer Standards and Training (POST) courses or any other training required by law. •This equipment is used because there is no reasonable alternative that can achieve the same objective for both community and officer safety. 6Page 349 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda WE VALUE AND RESPECT HUMAN LIFE The overall purpose of this equipment is de-escalation, safety, and the preservation of human life 7Page 350 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda UNCREWED AERIAL SYSTEMS (UAS) •Our Department UAS inventory contains 33 drones (15 models). •It is the policy of the CVPD to utilize UAS for official law enforcement purposes only, and in the manner that respects the privacy of our community, pursuant to State and Federal Law. •Our UAS program has been safely operating drones since 2018. 8Page 351 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ROBOT The Chula Vista Police Department possesses one Robot: ROBOTEX AVATAR III. •Provides officers with the ability to remotely search dangerous locations and communicate with armed or violent subjects. •SWAT team and trained sworn personnel have been using the robot since 2013. 9Page 352 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 10 UNCREWED AERIAL SYSTEMS AND ROBOT (ANNUAL EQUIPMENT REPORT) January 1, 2023 –January 11, 2024 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Annual Cost) UAS 5,227 Flights DFR-4,685 Field Tactical-538 SWAT Use-4 0 0 33 1 (2023) 4 (2024) $50,000.00 Maintenance & Battery Replacement ROBOT 0 0 0 1 0 $0.00 Maintenance & Battery Replacement Page 353 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda UAS PERSONNEL COSTS •Drone DFR is a budgeted unit and annual costs are 1.5 million. •This includes full-time positions for (1) police lieutenant, (1) police sergeant, (2) police officer pilots, and contract staffing (Flying Lion). •In March 2023 Drone DFR partially expanded to nighttime flying with an additional cost of $206,877. Funding is also approved through Measure A. 11Page 354 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda COMMAND AND CONTROL VEHICLES Freightliner M2-106 Freightliner M2 106 Chassis (custom build) The Chula Vista Police Department has two mobile command vehicles. We have utilized mobile command vehicles since 2006. These vehicles are used for staging personnel and equipment during operations. They also provide a location for dispatch to work from when on-scene, restrooms for personnel, and acts as a briefing location for officers. 12Page 355 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda ARMORED RESCUE VEHICLE The Chula Vista Police Department possesses one armored rescue vehicle: the Lenco Bearcat G2. •The vehicle can be used during critical incidents where ballistic protection will provide a safe advantage to the community and officers. •The vehicle does not contain any mounted weapons. •The Department has utilized this vehicle since 2011. Additionally, the SWAT team has used an armored rescue vehicle of some sort for several decades. 12Page 356 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 13 COMMAND, CONTROL, AND ARMORED VEHICLES (ANNUAL EQUIPMENT REPORT) January 1, 2023 –April 1, 2024 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Annual Cost) Mobile Command Vehicle 14 2-Special Events 12-DUI Checkpoint 0 0 1 0 $2,000.00 Vehicle Maintenance SWAT Command Vehicle 4 2-SWAT Callouts 2-AOA 0 0 1 0 $7,008.00 Vehicle Maintenance Armored Rescue Vehicle 7 2-SWAT Callouts 1-Patrol Assist 1-Special Event 3-AOA 0 0 1 0 $5,000.00 Vehicle Maintenance Page 357 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 40MM LAUNCHERS •The Chula Vista Police Department possesses five less lethal 40mm launchers. These launchers are equipped to deploy 40mm Specialty Impact Munitions (SIMS). •The purpose of these tools are to limit the escalation of conflict. These tools minimize the potential for lethal force. •The SWAT team has used this type of equipment since the early 1980’s. 14Page 358 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 40MM MUNITION The Chula Vista Police Department utilizes two types of 40mm munitions. These munitions fall into two categories: 1.Chemical Agent 2.Sponge Round (non-chemical agent) Note: The SWAT team has used these types of munitions since the early 1980’s. 15Page 359 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda CHEMICAL AGENTS (HAND -HELD CANISTERS) •Chemical agent canisters release a smoke irritant to produce temporary discomfort and encourage compliance during a critical incident. •Chemical agents are deployed exclusively by SWAT officers as a method of de-escalation. •The SWAT team has used this type of equipment since the early 1980’s. 16Page 360 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 17 40MM LAUNCHERS AND CHEMICAL AGENTS (ANNUAL EQUIPMENT REPORT) January 1, 2023 –April 1, 2024 (Equipment type)(Use)(Complaints)(Policy Violations) Current Inventory Quantity (Additional Acquisitions for 2023) (Approximate Cost) 40mm Launchers 1 0 0 5 5 (2024)$7,208.85 One time cost 40mm Munition 9 0 0 0 180 units (2024) $4,300.00 One time cost Chemical Agents (Hand-Held) 6 0 0 148 150 units (2024) $5,626.00 One time cost Page 361 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda LESS LETHAL LAUNCHERS The Department has utilized less lethal launchers since the early 2000’s. Pepper ball launchers (similar to commercial paintball guns) Beanbag launchers 18Page 362 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda DIVERSIONARY DEVICES “FLASHBANGS” •Diversionary devices are serialized, steel bodied, and non-bursting canisters that emit a loud noise and bright light when deployed. •Diversionary devices are distraction tools used to increase officer safety. •Use of diversionary devices are limited to specially trained SWAT officers. •The SWAT team has used diversionary devices since the early 1980’s. 19Page 363 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 20 LESS LETHAL LAUNCHERS AND DIVERSIONARY DEVICES (ANNUAL EQUIPMENT REPORT) January 1, 2023 –April 1, 2024 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Annual Cost) PepperBall Launchers 8 0 0 11 0 $550.00 Maintenance PepperBall Projectiles 8 0 0 2,900 0 $0.00 BeanBag Launchers 7 0 0 71 0 $3,550.00 Maintenance BeanBag Projectiles 13 0 0 435 0 $0.00 Diversionary Devices 35 0 0 80 24 (2024)$14,500.00 one time cost Page 364 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda LONG -RIFLE (NON -ISSUED) The Department has one Smith and Wesson M&P brand long-rifle in its inventory. •This is a precision rifle, and it is used to address a deadly threat with more accuracy and at a greater distance than a handgun. •Only SWAT officers who have trained and qualified with this weapon can deploy it. •The Department has used this weapon since 2015. Additionally, the SWAT team has utilized this type of equipment since the 1970’s. 21Page 365 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda LONG -RIFLE (ISSUED) The Department currently has Smith and Wesson and Colt brand rifles in its inventory. •Smith and Wesson MP15X Rifle –department standard issue •Daniel Defense DDM4 –Current SWAT standard issue •Colt M4 –SWAT Training Only •These are precision rifles and are used to address a deadly threat with more accuracy and at a greater distance than a handgun. •Only sworn personnel who have completed and maintained department training standards can deploy them. 22 Patrol Issued Smith and Wesson MP15X SWAT Colt M4 Training OnlySWAT Issued Daniel Defense DDM4 Page 366 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 23 LONG RIFLES (NON-ISSUED/ISSUED) (ANNUAL EQUIPMENT REPORT) January 1, 2023 –April 1, 2024 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Cost) Smith & Wesson M&P10 (SWAT Issued) 0 0 0 1 0 $50.00 Recurring cost / maintenance Smith & Wesson MP15X (Department Issued) 0 0 0 94 0 $4,700.00 Recurring cost / maintenance Daniel Defense DDM4 (SWAT Issued) 0 0 0 24 0 $50.00 Recurring cost / maintenance Colt M4 (SWAT Training Only) 0 0 0 2 0 $50.00 Recurring cost / maintenance Page 367 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda SWAT PERSONNEL COSTS •SWAT is a budgeted assignment and team positions are considered a collateral duty (part-time assignment). •Annual cost for CVPD SWAT personnel is $200,299. •Over 98,000 calls for service during the reporting period and SWAT was activated 4 times to assist patrol or an outside police agency. 21Page 368 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda •A specially designed bolt or barrel that when placed into a firearm discharges designated SIM paint marking rounds. •Used exclusively in training scenarios and cannot fire conventional ammunition. •This type of training equipment has been used since the early 2000’s. SIM BARREL CONVERSION KITS FOR TRAINING PURPOSES ONLY 24Page 369 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 25 TRAINING ONLY -CONVERSION KITS, PAINT MARKING ROUNDS, AND DIVERSIONARY DEVICES (ANNUAL EQUIPMENT REPORT) January 1, 2023 –April 1, 2024 (Equipment type)(Use)(Complaints)(Policy Violations)(Quantity)(Additional Acquisitions) (Approximate Cost) Training Kits 0 0 0 42 6 (2023) 40 (2024) $21,475.22 (one time cost) Training Rounds 0 0 0 11,000 20,000 $15,360.00 (one time cost) Training Diversionary Device 0 0 0 10 2 (2023) 24 (2024) Included in package purchase price Page 370 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda IN CLOSING •The Chula Vista Police Department is conducting this public hearing to adopt a resolution accepting the annual report and renewing Ordinance No. 3549. 26Page 371 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda THANK YOU Page 372 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 9, 2024 ITEM TITLE State Legislation: Hear Report on Assembly Bill 2783 San Diego Unified Port District and Provide Direction to Staff on City Position Report Number: 24-0116 Location: San Diego Unified Port District Tidelands Located in the City of Chula Vista Department: City Manager G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Council hear the report and provide direction to staff on City position on Assembly Bill 2783: San Diego Unified Port District. Possible positions include support, support if amended, oppose, oppose unless amended, or no position. SUMMARY On February 15, 2024, Assemblymember David Alvarez introduced Assembly Bill 2783 titled “San Diego Unified Port District” adding several provisions to the San Diego Unified Port District Act. The San Diego Unified Port District Act created the Port of San Diego in 1962. The Port of San Diego is charged with managing the San Diego Bay and 34 miles of its natural waterfront for the people of California. Assembly Bill 2783 seeks to add provisions to the San Diego Unified Port District Act related to Port Commissioner term limits, ethics, creation of special fund programs and other items. Staff recommends hearing the report and providing direction on the City position on Assembly Bill 2783. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines, Page 373 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 2 because it will not result in a physical change in the environment. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION About the Port of San Diego The San Diego Unified Port District (Port District) is a regional public agency established in 1962 by an act of the California State Legislature, known as the San Diego Unified Port District Act (Port Act), to consolidate management responsibilities for the San Diego Bay. This consolidation provides centralized planning for the tidelands along the San Diego Bay:  The Port District is an economic engine, creating jobs and dollars for the regional economy through the promotion of maritime trade, tourism, and other commercial activities to enhance the tidelands.  The Port District is an environmental steward, preserving and enhancing the natural resources of the San Diego Bay and surrounding tidelands.  The Port District is a provider of community services, providing public access, public safety, recreation, and community activities along the waterfront for visitors and residents of the region. A seven-member Board of Port Commissioners governs the Port District. Board members are appointed to four-year terms by the city councils of Chula Vista, Coronado, Imperial Beach, National City, and San Diego. The San Diego City Council appoints three commissioners and each of the other member city councils appoints one commissioner. Port Commissioners establish policies that the Port District staff, under the direction of the President/Chief Executive Officer, uses to conduct daily operations. The Port District’s maritime, real estate, and parking generate billions of dollars for the region’s economy and allow the Port District to operate without the benefit of tax dollars. The Port District has the authority to levy a tax but has not done so since 1970. Page 374 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 3 The Port District is also a trustee of state lands subject to the Public Trust Doctrine, which mandates how California’s sovereign lands should be managed. Also known as public trust lands, they include areas that used to be or are still under the bay and other waters. These lands cannot be bought and sold because they are held in the public trust and belong to the people of the State of California. As the trustee of these lands, the Port District is responsible for carrying out the principles of the Public Trust Doctrine. This includes protecting the environment, promoting the public’s enjoyment of these lands, and enhancing economic development for the public’s benefit. Assembly Bill 2783 Provisions According to the author: Assembly Bill 2783 implements key reforms aimed at improving transparency, accountability, and oversight within the Port of San Diego. By establishing clear guidelines for ethical standards, this legislation will help prevent conflicts of interest and ensure that Port decisions are made in the best interest of the public. Furthermore, the bill will help ensure that the Port is governed by individuals who are committed to serving the public interest and upholding the highest standards of integrity. As introduced, Assembly Bill (AB) 2783 (Attachment 1) seeks to add the following provisions to the Port Act:  Adopt three, four-year term limits for all Commissioners.  Require annual rotation of Chair, Vice-Chair and Secretary.  Require 72-hour notification and disclosure of evidence to appointing authority (City Councils) if the Commissioners act to censure or remove a fellow Commissioner from their duties.  Require one of three City of San Diego-appointed Commissioners to live in a Portside Neighborhood as defined.  Require the Port District to establish an independent Board of Ethics to enforce Code of Ethics and review ethical matters.  Replace monthly car allowance with per diem compensation.  Require the Port District to create the Community Impact Fund (CIF) and annually deposit 1% of nontax gross revenue for projects that address maritime industrial impacts proposed by cities within the Port District.  Require the Port District to establish Future Public Access Fund and deposit 1% of eligible rents for future open space projects in disadvantaged communities.  Prevent Commissioners from lobbying, contracting or being employed by the Port for two years after ending their term.  Require the Port District to publicly disclose lobbying financial activity. Legislation Provisions City May Consider Supporting After careful analysis, the provisions the City may consider supporting are the following:  Requiring annual rotation of Chair, Vice-Chair and Secretary.  Requiring one of three City of San Diego-appointed Commissioners to live in a Portside Neighborhood as defined.  Requiring the Port District to establish an independent Board of Ethics to enforce Code of Ethics and review ethical matters. Page 375 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 4  Replacing monthly car allowance with per diem compensation.  Requiring Port District to publicly disclose lobbying financial activity. As written, the rest of the provisions of AB 2783 are of concern to the City and are described within each of the sections. Legislation Provisions of Concern Provision: Adopt three, four-year term limits for all Commissioners When creating the Port District, the Legislature and member city voters left discretion to the Port District member cities to determine the length of service of their respective Port Commissioner. The choice to impose term limits rests solely with the local authority of the Port District member cities. Cities must be able to determine whether limits on the length of Commissioner appointments are appropriate to best represent their cities’ interests. The work of a Port Commissioner is highly specialized, technical and expertise is developed over time. Port District development projects are complex, often taking a decade or more. Historically, the smaller port cities have benefitted from the effectiveness of long-term Commissioners. Projects in San Diego’s south bay cities have benefitted greatly from the continuity and institutional memory of longer-term commissioners. A representative without a thorough understanding of the Port District could put the City at a disadvantage and hinder the effectiveness of the City’s representative. As currently written, term limits favor the City of San Diego who currently appoints three members, in staggered terms. At any point in time, San Diego may have, within its membership, 12+ years of project knowledge which the other four members cities would not have with this amendment. Potential proposed amendment: Remove term limits all together as the authority should rest solely with local appointing member cities. This would be consistent with the City’s Legislative Platform which supports local control. Provision: Require 72-hour notification and disclosure of evidence to appointing authority (City Councils) if the Commissioners act to censure or remove a fellow Commissioner from their duties The City may support the notification requirement however, the disclosure requirements should not impact the Port District’s obligations and confidentiality requirements under the law. Potential proposed amendment: Remove disclosure requirements or add “as permitted by law.” Provision: Prevent Commissioners from lobbying, contracting or being employed by the Port for two years after ending their term According to the California Fair Political Practices Commission (FPPC), the Political Reform Act places several restrictions on the post-governmental activity of officials who have left state service. For example, there is a one-year ban prohibiting certain officials, for one year after leaving state service, from representing any other person by appearing before or communicating with, for compensation, their former agency in an attempt to influence agency decisions that involve the making of general rules (such as regulations or legislation), or to influence certain proceedings involving a permit, license, contract, or transaction involving the sale or purchase of property or goods. Page 376 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 5 Additionally, Government Code 87640.3 places a similar one-year restriction for local officials. The City may support the Port District being subject to the same provisions required by state and local officials. Potential proposed amendment: To be consistent with FPPC rules and Government Code 87640.3, amend the restricted period of time to one year instead of two years. Provision: Require the Port District to create the Community Impact Fund (CIF) and annually deposit 1% of nontax gross revenue for projects that address maritime industrial impacts proposed by cities within the Port District For several decades, the City of Chula Vista has strategically planned and developed programs to address disparities within under resourced areas of the city such as western Chula Vista. In recent years, we have seen development and investment occurring in the older parts of the city, addressing this as well. According to the California Environmental Protection Agency, all the Port tidelands within the City of Chula Vista, are considered a disadvantaged community. However, the Chula Vista Bayfront is an example of encouraging development. The City of Chula Vista and the Port District have been working collaboratively for decades to plan and implement the Chula Vista Bayfront Master Plan (CVBMP). In particular, since 2014, the City and Port District have been working to deliver the catalyst project for the CVBMP, an approximately 275,000 net usable square feet of meeting space (Convention Center), 1,600 parking spaces (Parking Improvements), and an up to 1,600 room resort hotel (Resort Hotel), all to be located on Parcel H3 of the CVBMP. The catalyst project also required the construction of extensive public infrastructure to the areas within and surrounding Parcel H3 (Phase 1A Improvements). The overall project cost was in excess of $1.2 billion, and it was clear that in order for this project to be financially feasible, the City and the District would need to make a “Public Contribution” for the construction of the Convention Center (approximately $284 million) and Phase 1A Improvements (approximately $85 million) for a total public investment of $369 million. Due to the extraordinary volatility in the debt market at the time, the financial advisors for the City and Port District determined a private bond sale for a period of five years, was the only way in which to proceed with the Gaylord Pacific Resort and Convention Center (Gaylord Pacific) Project. As such the City and Port District will be seeking new financing by or before June 1, 2027. As a feature of this financial transaction, the Port District committed 100% of its rents from certain properties within the CVBF and a portion of all future Port revenues to pay the debt service for this bond transaction. The Port District and City also entered into a Revenue Sharing Agreement that would allocate the excess cash flow to both parties after debt service for the bonds are paid. This means that the higher the interest rates, the higher the cost to service the debt, resulting in less excess cash to be allocated to the City and the Port District. For example, the estimated impact of a half percent increase in interest rate at the time of refinancing a $400 million bond could result in an additional cost of $45 million to the City and Port District over the 30-year bond term. Per a cost sharing agreement with the Port District, this results in the potential loss of revenues going to the City and Port District. The total City impact would be an estimated reduction of $22.5 million over the 30-year bond term. Page 377 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 6 As illustrated above, the public-private partnership among the City, Port District and RIDA, and the financial transaction that gave way to the construction of the Gaylord Pacific Project was extremely complex. While construction is on schedule, in a couple of years, the City and Port District will need to refinance its debt. This transaction is reliant on the financial strength of the City and Port District. As written, the provision of AB 2783 described above would divert 1 percent of all nontax port district gross revenues into a Community Impact Fund, which includes rents and revenues generated on all tidelands regardless of whether these funds are already pledged to debt as in the case for the Gaylord Pacific. This means that part of the funds, already committed to the Gaylord Pacific Project transaction, would now be unavailable for debt coverage, resulting in the possibility that borrowing costs would be raised at the time the City and the Port District seek refinancing the bond transaction. This provision also creates a legislative precedent for the Legislature to divert revenues from the Port District in the future, increasing the financial uncertainty of the Port District and making lenders reluctant to finance (or refinance) future projects. Consequently, lenders’ confidence in the Port’s creditworthiness may be reduced. In turn this may impact the ability to move forward with future development projects on the Chula Vista Bayfront. For example, if legislation impairs an issuer’s primary source of revenue, such as this bill, the credit quality of a bond issuer could decrease. This would increase borrowing costs and make financing and refinancing vulnerable to concerns over the Port’s ability to generate income, manage additional costs, or meet new financial obligations. Investors are advised to pay particular attention to risks associated with legislative or regulatory actions that could adversely affect the creditworthiness of their bonds. More specifically, legislation that may reduce or otherwise limit the ability of an agency issuing municipal bonds to collect or retain revenues, or that may impose additional costs or financial obligations on an issuer of municipal bonds. For additional information, please refer to Attachment 2 – U.S. Securities and Exchange Commission (SEC) Investor Bulletin: Municipal Bonds-Asset Allocation, Diversification, and Risk. Potential proposed amendment: Remove this requirement. Require the Port District to establish Future Public Access Fund and deposit 1% of eligible rents for future open space projects in disadvantaged communities Similarly, as stated above, legislative diversion of funds may materially impact the Port District’s ability to refinance bonds that have already been issued, or to refinance at a competitive rate. Additionally, this provision would erode the Port District’s ability to generate community investments that support economic growth in disadvantaged communities. As previously mentioned, the Chula Vista Bayfront is currently considered a disadvantaged community and the CVBMP envisions transforming this area into a world-class destination in the South Bay – a unique place for people to live, work and play. It is designed to create new public parks and recreational adventures, improve the natural habitat, offer new dining and shopping options, provide a world-class hotel and convention center, and more – all for residents and coastal visitors to enjoy. The CVBMP includes employment creation and city revenue generating opportunities, which would be hindered by the unintentional consequences of this legislation as currently drafted. Page 378 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 7 Additionally, as written, the funds collected for a Future Public Access Fund can only be used to convert industrial uses into open space. This prevents the funds from being used to develop revenue-generating commercial uses such as hotels, restaurants, and retail. It hampers the Port District’s ability to finance through mechanisms such as bonding to provide such economic growth producing uses. Potential proposed amendment: Remove this requirement and instead require the Port District to develop a program of investment in disadvantaged communities. Summary of Potential Amendments AB 2783 Provision Potential Amendments Adopt three, four-year term limits for all Commissioners Remove term limits all together as the authority rests solely with local appointing member cities. This would be consistent with the City’s Legislative Platform which supports local control. Require 72-hour notification and disclosure of evidence to appointing authority (City Councils) if the Commissioners act to censure or remove a fellow Commissioner from their duties. Remove disclosure requirements or add “as permitted by law.” Require the Port District to create the Community Impact Fund (CIF) and annually deposit 1% of nontax gross revenue for projects that address maritime industrial impacts proposed by cities within the Port District. Remove this requirement. Require the Port District to establish Future Public Access Fund and deposit 1% of eligible rents for future open space projects in disadvantaged communities. Remove this requirement and instead require the Port District to develop a program of investment in disadvantaged communities. Prevent Commissioners from lobbying, contracting or being employed by the Port for two years after ending their term. To be consistent with FPPC rules and Government Code 87640.3, amend the restricted period of time to one year instead of two years. Ultimately, the City should be cautious of any legislation that creates risk for the Gaylord Pacific or future Bayfront redevelopment projects. This is in accordance with the 2023-2024 Legislative Platform adopted by City Council which prioritizes the ongoing development of the Chula Vista Bayfront. Staff seeks direction from City Council on the City’s position on AB 2783. 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 Page 379 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda P a g e | 8 Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov’t Code §87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact as a result of this action. ONGOING FISCAL IMPACT The financial provisions included in this legislation create uncertainty around future financing of Chula Vista Bayfront projects. With the anticipated long-term financing of the Gaylord Pacific, which will occur over the next few years, the restrictions on Port District revenues could result in the additional financing costs or inability to refinance. The cost would be reflected on the higher interest rate that the City and Port District would likely have the pay in the issuance of the long-term financing. For example, the estimated impact of a half percent increase in interest rate at the time of refinancing a $400 million bond could result in an additional cost of $45 million to the City and Port District over the 30-year bond term. Per a cost sharing agreement with the Port District, this results in the potential loss of revenues going to the City and Port District. The total City impact would be an estimated reduction of $22.5 million over the 30-year bond term. ATTACHMENTS 1. Assembly Bill 2783 Language (As of February 15, 2024) 2. U.S. Securities and Exchange Commission (SEC) Investor Bulletin: Municipal Bonds-Asset Allocation, Diversification, and Risk. Staff Contact: Maria V. Kachadoorian, City Manager Adrianna Hernandez, Special Projects & Legislative Manager Page 380 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda AMENDED IN ASSEMBLY MARCH 4, 2024 california legislature—2023–24 regular session ASSEMBLY BILL No. 2783 Introduced by Assembly Member Alvarez February 15, 2024 An act to amend Sections 16, 17, and 18 of, and to add Sections 18.5 18.3, 18.5, and 19.5 to, the San Diego Unified Port District Act (Chapter 67 of the First Extraordinary Session of the Statutes of 1962), relating to the San Diego Unified Port District. legislative counsel’s digest AB 2783, as amended, Alvarez. San Diego Unified Port District. (1) The San Diego Unified Port District Act authorizes the establishment of the San Diego Unified Port District for the acquisition, construction, maintenance, operation, development, and regulation of harbor works and improvements for the harbor of San Diego and for the promotion of commerce, navigation, fisheries, and recreation. The act establishes the board of commissioners of the port district and vests it with specified authority and responsibilities regarding the management of the district. This bill would require the board to adopt a code of ethics and to accept and respond to ethics complaints, as specified. The bill would require the board to appoint a board of ethics to provide independent ethics advice to the board, as specified. The bill would require the board to submit ethics complaints to the board of ethics, as specified. The bill would require the board of ethics, upon the conclusion of an investigation into the conduct of a commissioner, to provide all findings from the investigation to the city that appointed the commissioner that was subject to the investigation. 98 Page 381 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda This bill would prohibit a commissioner from lobbying, contracting with, or being employed by the board or the district for 2 years after serving as a commissioner. The bill would require the board to publish a report regarding its lobbying activities, as specified. (2) The act requires the City of San Diego to appoint 3 commissioners and other specified cities to appoint one commissioner each to the board of commissioners. The act specifies a commissioner’s term is for 4 years, as specified. This bill would limit the commissioners to 3 terms. The bill would authorize a commissioner to continue to serve beyond an expired term for 6 months until a replacement is appointed. The bill would require that one commissioner appointed by the City of San Diego reside in one of 4 specified neighborhoods within that city. (3) The act requires the board of commissioners to annually elect from its members a chairperson, a vice chairperson, and a secretary. The act requires the board of commissioners to make rules and regulations for its own government and procedure. Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the board of commissioners to comply with those acts, except as specified. This bill would prohibit a commissioner from being elected chairperson or vice chairperson a second time, except as specified. The bill would clarify that the board of commissioners, if it acts to censure or strip a commissioner of their duties based on alleged unethical or unlawful conduct, to disclose to the public all documents and evidence related to the alleged conduct in accordance with the requirements of the Ralph M. Brown Act and the California Public Records Act. The bill would require the board, before acting to censure or strip a commissioner of their duties, to provide 72 hours’ notice of the proposed action to censure or strip a commissioner of their duties to the city council and mayor of the city that appointed the commissioner. (4) The act prohibits a commissioner from receiving a salary from the district and requires a commissioner to be reimbursed for necessary traveling and other expenses incurred while engaged in the performance of the commissioner’s duties. 98 — 2 — AB 2783 Page 382 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda This bill would authorize a commissioner appointed or reappointed on or after January 1, 2025, to receive per diem compensation, as specified. The bill would prohibit a commissioner appointed or reappointed on or after January 1, 2025, from receiving a vehicle allowance. (5) The act requires the board to draft a master plan for harbor and port improvement and for the use of all the tidelands and submerged lands under the district’s jurisdiction. This bill would require the board, in implementing the master plan, to include funding for cooperative infrastructure and capital projects that directly address maritime industrial impacts by the port in cities that host maritime terminals, as specified. In addition to that funding, this bill would require the board to dedicate 1% of the port’s nontax revenue, as specified, for those cooperative infrastructure and capital projects. The bill would also require the board to dedicate 1% of the port district’s eligible rental income, as specified, to converting industrial properties in disadvantaged communities, as defined, within the district to open space. By requiring the board to provide this funding, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego Unified Port District. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 16 of the San Diego Unified Port District line 2 Act (Chapter 67 of the Statutes of 1962, First Extraordinary line 3 Session), is amended to read: line 4 Sec. 16. (a) The district shall be governed by a board of line 5 commissioners who shall be known as “port commissioners.” Each line 6 city council, respectively, of the cities that are included in the 98 AB 2783 — 3 — Page 383 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 district pursuant to this act shall appoint the commissioner or line 2 commissioners to which it is entitled, pursuant to this section, to line 3 represent that particular city on the board. The commissioners shall line 4 be residents of the respective cities they represent at the time of line 5 their appointments, and during the term of their office. All of the line 6 powers and duties conferred on the district shall be exercised line 7 through the board of commissioners. line 8 (b) The City of Chula Vista, the City of Coronado, the City of line 9 Imperial Beach, and the City of National City shall each appoint line 10 one commissioner. line 11 (c) The City of San Diego shall appoint three commissioners. line 12 At the time of appointment and during the term of office, each line 13 commissioner shall be a resident of the City of San Diego. At least line 14 one commissioner shall reside in one of the City of San Diego line 15 neighborhoods of Barrio Logan, Logan Heights, Shelltown, line 16 Sherman Heights, or Southcrest. line 17 SEC. 2. Section 1 of Chapter 171 of the Statutes of 1982 is line 18 amended to read: line 19 SECTION 1. Section 17 of the San Diego Unified Port District line 20 Act (Chapter 67 of the Statutes of 1962, First Extraordinary line 21 Session), is amended to read: line 22 Sec. 17. (a) The term of each commissioner shall be for four line 23 years, except as provided in this section. A commissioner shall line 24 serve no more than three terms. A commissioner may continue to line 25 serve beyond an expired term for up to six months until a line 26 replacement has been appointed. line 27 (b) Any vacancy shall be filled by appointment by the city line 28 council of the city from which the vacancy has occurred. Any line 29 appointment to fill a vacancy during the term of a commissioner line 30 shall be for the unexpired term. Each commissioner, before entering line 31 upon the duties of the office, shall take and subscribe the oath as line 32 provided in Section 1360 of the Government Code, and a certificate line 33 of the same shall be filed with the city clerk of the city from which line 34 the commissioner shall have been appointed, and a copy of which line 35 shall be filed with the district. A commissioner may be removed line 36 from the board by a majority vote of the city council that appointed line 37 the commissioner. line 38 (c) A commissioner shall not lobby, contract with, or be line 39 employed by the board or the district for two years after serving line 40 as a commissioner. 98 — 4 — AB 2783 Page 384 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 SEC. 3. Section 1 of Chapter 480 of the Statutes of 1996 is line 2 amended to read: line 3 SECTION 1. Section 18 of the San Diego Unified Port District line 4 Act (Chapter 67 of the Statutes of 1962, First Extraordinary line 5 Session), as amended by Section 1 of Chapter 673 of the Statutes line 6 of 1963, is amended to read: line 7 Sec. 18. (a) Immediately after their appointment, the line 8 commissioners shall enter upon the performance of their duties. line 9 The board shall annually elect one of its members as chairperson line 10 and another as vice chairperson, and shall also elect annually a line 11 secretary, who may or may not be a member of the board. A line 12 commissioner who has served as chairperson shall not be elected line 13 chairperson for a second time unless all the commissioners have line 14 already served as the chairperson. A commissioner who has served line 15 as vice chairperson shall not be elected vice chairperson for a line 16 second time unless all the commissioners have already served as line 17 the vice chairperson. A majority shall constitute a quorum for the line 18 transaction of business. The board shall make rules and regulations line 19 for its own government and procedure, shall hold at least one line 20 regular meeting each month, and may hold any special meetings line 21 it deems necessary. line 22 (b) If the board acts to censure or strip a commissioner of their line 23 duties based on alleged unethical or unlawful conduct, then the line 24 board shall disclose to the public all documents and evidence line 25 related to the alleged conduct in accordance with the requirements line 26 of the Ralph M. Brown Act (Chapter 9 (commencing with Section line 27 54950) of Part 1 of Division 2 of Title 5 of the Government Code) line 28 and the California Public Records Act (Division 10 (commencing line 29 with Section 7920.000) of Title 1 of the Government Code). line 30 (c) Before the board acts to censure or strip a commissioner of line 31 their duties, the board shall provide at least 72 hours’ notice of the line 32 proposed action to censure or strip a commissioner of their duties line 33 to the city council and the mayor of the city that appointed the line 34 commissioner. line 35 (d) (1) The commissioners shall be officers of the district and line 36 shall receive no salaries but shall be reimbursed for necessary line 37 traveling and other expenses incurred while engaged in the line 38 performance of their duties. line 39 (2) A commissioner appointed or reappointed on or after January line 40 1, 2025, may receive per diem compensation. The rate of per diem 98 AB 2783 — 5 — Page 385 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 compensation shall not exceed the rate provided to a Member of line 2 the Legislature. A commissioner shall not receive more than 205 line 3 days of per diem compensation in a calendar year. line 4 (3) A commissioner appointed or reappointed on or after January line 5 1, 2025, shall not receive a vehicle allowance. line 6 SEC. 2. Section 17 of the San Diego Unified Port District Act line 7 (Chapter 67 of the Statutes of 1962, First Extraordinary Session), line 8 as amended by Section 1 of Chapter 171 of the Statutes of 1982, line 9 is amended to read: line 10 Sec. 17. (a) The term of each commissioner shall be for four line 11 years, except as provided in this section. A commissioner shall line 12 serve no more than three terms. A commissioner may continue to line 13 serve beyond an expired term for up to six months until a line 14 replacement has been appointed. line 15 Any line 16 (b) Any vacancy shall be filled by appointment by the city line 17 council of the city from which the vacancy has occurred. Any line 18 appointment to fill a vacancy during the term of a commissioner line 19 shall be for the unexpired term. Each commissioner, before entering line 20 upon the duties of his the office, shall take and subscribe the oath line 21 as provided in Section 1360 of the Government Code of the State line 22 of California, Code, and a certificate of the same shall be filed line 23 with the city clerk of the city from which the commissioner shall line 24 have been appointed, and a copy of which shall be filed with the line 25 district. A commissioner may be removed from the board by a line 26 majority vote of the city council which that appointed the line 27 commissioner. line 28 (c) A commissioner shall not lobby, contract with, or be line 29 employed by the board or the district for two years after serving line 30 as a commissioner. line 31 SEC. 3. Section 18 of the San Diego Unified Port District Act line 32 (Chapter 67 of the Statutes of 1962, First Extraordinary Session), line 33 as amended by Section 1 of Chapter 480 of the Statutes of 1996, line 34 is amended to read: line 35 Sec. 18. (a) Immediately after their appointment, the line 36 commissioners shall enter upon the performance of their duties. line 37 The board shall annually elect one of its members as chairperson line 38 and another as vice chairperson, and shall also elect annually a line 39 secretary, who may or may not be a member of the board. A line 40 commissioner who has served as chairperson shall not be elected 98 — 6 — AB 2783 Page 386 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 chairperson for a second time unless all the commissioners have line 2 already served as the chairperson. A commissioner who has served line 3 as vice chairperson shall not be elected vice chairperson for a line 4 second time unless all the commissioners have already served as line 5 the vice chairperson. A majority shall constitute a quorum for the line 6 transaction of business. The board shall make rules and regulations line 7 for its own government and procedure, shall hold at least one line 8 regular meeting each month, and may hold any special meetings line 9 it deems necessary. line 10 (b) If the board acts to censure or strip a commissioner of their line 11 duties based on alleged unethical or unlawful conduct, then the line 12 board shall disclose to the public all documents and evidence line 13 related to the alleged conduct in accordance with the requirements line 14 of the Ralph M. Brown Act (Chapter 9 (commencing with Section line 15 54950) of Part 1 of Division 2 of Title 5 of the Government Code) line 16 and the California Public Records Act (Division 10 (commencing line 17 with Section 7920.000) of Title 1 of the Government Code). line 18 (c) Before the board acts to censure or strip a commissioner of line 19 their duties, the board shall provide at least 72 hours’ notice of line 20 the proposed action to censure or strip a commissioner of their line 21 duties to the city council and the mayor of the city that appointed line 22 the commissioner. line 23 The line 24 (d) (1) The commissioners shall be officers of the district and line 25 shall receive no salaries but shall be reimbursed for necessary line 26 traveling and other expenses incurred while engaged in the line 27 performance of their duties. line 28 (2) A commissioner appointed or reappointed on or after line 29 January 1, 2025, may receive per diem compensation. The rate of line 30 per diem compensation shall not exceed the rate provided to a line 31 Member of the Legislature. A commissioner shall not receive more line 32 than 205 days of per diem compensation in a calendar year. line 33 (3) A commissioner appointed or reappointed on or after line 34 January 1, 2025, shall not receive a vehicle allowance. line 35 SEC. 4. Section 18.3 is added to the San Diego Unified Port line 36 District Act (Chapter 67 of the Statutes of 1962, First line 37 Extraordinary Session), to read: line 38 Sec. 18.3. (a) The board shall publish a report that contains line 39 both the following: 98 AB 2783 — 7 — Page 387 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 (1) The name of each lobbyist employed or contracted by the line 2 district. line 3 (2) The amounts the district paid to each lobbyist. line 4 (b) The board shall update the report required by subdivision line 5 (a) every 90 days and shall make the report available to the public line 6 by posting it on the district’s internet website. line 7 (c) For purposes of this section, “lobbyist” has the same line 8 meaning as provided in Section 82039 of the Government Code. line 9 SEC. 4. line 10 SEC. 5. Section 18.5 is added to the San Diego Unified Port line 11 District Act (Chapter 67 of the Statutes of 1962, First Extraordinary line 12 Session), to read: line 13 SEC. 18.5. line 14 Sec. 18.5. (a) The board shall adopt a code of ethics. line 15 (b) The board shall accept and respond to ethics complaints. line 16 (c) (1) The board shall establish a board of ethics, which shall line 17 provide independent ethics advice to the board. line 18 (2) The board of ethics shall consist of three members. The line 19 board shall appoint the members of the board of ethics during a line 20 properly noticed public meeting. The board shall not appoint a line 21 commissioner or a district employee to the board of ethics. line 22 (3) The members of the board of ethics shall have diverse line 23 perspectives and areas of expertise, have experience appropriate line 24 for the review of ethical matters, and be of good general reputation line 25 and character. line 26 (4) The board of ethics shall meet at least once per year for an line 27 organizational meeting. It shall then meet as needed to address line 28 advisory questions pertaining to the application of the board’s code line 29 of ethics and to address an ethics complaint submitted to the board. line 30 (d) (1) The board shall submit an ethics complaint to the board line 31 of ethics during an open meeting. The board may submit any other line 32 ethical matter to the board of ethics. The board and the board of line 33 ethics shall treat a matter submitted to the board of ethics as line 34 confidential until the board responds pursuant to paragraph (3). line 35 (2) The board of ethics shall provide advice on an ethics line 36 complaint to the board during a closed meeting. line 37 (3) The board shall respond to an ethics complaint in a public line 38 meeting after receiving advice from the board of ethics. The board line 39 shall make public the advice provided to the board within 24 hours 98 — 8 — AB 2783 Page 388 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 of the conclusion of the public meeting during which it responds line 2 to the ethics complaint. line 3 (4) Upon the conclusion of an investigation into the conduct of line 4 a commissioner, the board of ethics shall provide all findings from line 5 the investigation to the city that appointed the commissioner that line 6 was subject to the investigation. line 7 (4) line 8 (5) The board shall comply with the requirements of paragraphs line 9 (2) and (3) to the extent permissible under the Ralph M. Brown line 10 Act (Chapter 9 (commencing with Section 54950) of Part 1 of line 11 Division 2 of Title 5 of the Government Code) and the California line 12 Public Records Act (Division 10 (commencing with Section line 13 7920.000) of Title 1 of the Government Code). line 14 SEC. 5. line 15 SEC. 6. Section 19.5 is added to the San Diego Unified Port line 16 District Act (Chapter 67 of the Statutes of 1962), to read: line 17 Sec. 19.5. (a) In order to protect and enhance the economic line 18 benefits of import and export activities for the San Diego region line 19 and the state, it is necessary to provide incentives to communities line 20 that experience the adverse environmental, economic, quality of line 21 life, and other impacts that result from hosting a working line 22 waterfront, such as a decrease in recreational opportunities, the line 23 loss of municipal revenue opportunities, increased noise and traffic, line 24 and negative effects on air quality. These impacts are also described line 25 generally as “maritime industrial impacts.” line 26 (b) In implementing the master plan adopted pursuant to Section line 27 19, the board shall include funding for cooperative infrastructure line 28 and capital projects on and off tidelands and submerged lands, line 29 consistent with the public trust doctrine, that directly address line 30 maritime industrial impacts by the port in cities that host maritime line 31 terminals. line 32 (c) Cities that demonstrate all of the following shall be eligible line 33 to receive maritime industrial impacts funding from the board for line 34 cooperative infrastructure and capital projects: line 35 (1) Host at least one maritime terminal. line 36 (2) Have census tracts near maritime terminals that exceed state line 37 standards for average annual particulate matter exposure and have line 38 been designated as environmental justice communities, as line 39 determined by the San Diego County Air Pollution Control District. 98 AB 2783 — 9 — Page 389 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 (3) Have census tracts near maritime terminals that are less than line 2 or equal to 80 percent of regional median income. line 3 (4) Have a planning area near the maritime terminal, with line 4 residential zones that have restricted public access to the tidelands line 5 and submerged lands and waterfront that are within close proximity line 6 to the planning area. line 7 (d) The board shall create the “Community Impact Fund” and line 8 deposit 1 percent of all nontax port district gross revenue into that line 9 fund. In addition to the funding required in subdivision (b), the line 10 board shall use the moneys in the fund to pay for projects that line 11 address maritime industrial impacts that are proposed by eligible line 12 cities. line 13 (e) The State Lands Commission shall be the final arbiter of line 14 any disputes with regard to eligibility and approval of projects, line 15 consistent with the commission’s authority over projects on and line 16 off tidelands and submerged lands, as set forth in Section 30.5. line 17 The commission shall, to the extent feasible, rely on both of the line 18 following: line 19 (1) Existing local, state, and federal agency studies. line 20 (2) Port studies conducted on port impacts. line 21 (f) (1) The board shall create the “Future Public Access Fund” line 22 and deposit 1 percent of eligible rents into that fund. The board line 23 shall use the moneys in the fund to convert industrial property in line 24 disadvantaged communities within the district to open space, line 25 including, but not limited to, parks, plazas, and promenades. line 26 (2) For purposes of this subdivision, the following terms have line 27 the following meanings: line 28 (A) “Disadvantaged community” means a community identified line 29 by the California Environmental Protection Agency pursuant to line 30 Section 39711 of the Health and Safety Code. line 31 (B) “Eligible rents” means payments to the port district for the line 32 lease of real property located in the district and not located in a line 33 disadvantaged community. line 34 SEC. 6. line 35 SEC. 7. The Legislature finds and declares that a special statute line 36 is necessary and that a general statute cannot be made applicable line 37 within the meaning of Section 16 of Article IV of the California line 38 Constitution because of the unique geography and circumstances line 39 relative to the development of harbor and port facilities within the line 40 San Diego Unified Port District. 98 — 10 — AB 2783 Page 390 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda line 1 SEC. 7. line 2 SEC. 8. If the Commission on State Mandates determines that line 3 this act contains costs mandated by the state, reimbursement to line 4 local agencies and school districts for those costs shall be made line 5 pursuant to Part 7 (commencing with Section 17500) of Division line 6 4 of Title 2 of the Government Code. O 98 AB 2783 — 11 — Page 391 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 4/4/24, 9:42 AM SEC.gov | Investor Bulletin: Municipal Bonds – Asset Allocation, Diversification, and Risk https://www.sec.gov/oiea/investor-alerts-and-bulletins/ib_munibondsrisk 1/3 Investor Bulletin: Municipal Bonds – Asset Allocation, Diversification, and Risk Feb. 1, 2018 The SEC’s Offices of Investor Education and Advocacy and Municipal Securities are issuing a series of three Investor Bulletins to help educate investors about the municipal securities market. This Bulletin provides a general overview on asset allocation and diversification in an investment portfolio, with a focus on the role of municipal bonds. Asset Allocation and Diversification Generally Asset allocation and diversification are investment techniques that can help investors reduce risk and volatility in their portfolio. Asset allocation involves dividing your investment portfolio among different asset categories, such as stocks, bonds, and cash. One common approach is to allocate 50% of your portfolio to stocks, 40% to bonds, and 10% to cash. Diversification involves spreading your investments among different investment products, including within each of your portfolio’s asset categories. For example, within the bond category, you may decide to hold different bonds with differing characteristics, such as in U.S. corporate bonds, U.S. government bonds, or municipal bonds. The asset allocation and diversification that works best for you at any given point in your life will depend largely on your time horizon (that is, how long until you expect to want to sell the investment) and your ability to tolerate risk (that is, the degree of uncertainty and/or potential financial loss inherent in an investment decision). For additional information on asset allocation and diversification, please read our “Beginners’ Guide to Asset Allocation, Diversification, and Rebalancing.” The Role of Municipal Bonds in a Portfolio Some investors choose to invest in bonds as part of their overall portfolio. Municipal bonds are one specific type of bond investors might consider. Municipal bonds are debt securities issued by states, cities, towns, counties, U.S. territories (e.g., U.S. Virgin Islands, Guam, and Puerto Rico), and other governmental entities to finance capital projects such as building schools, highways or sewer systems and to fund day-to-day government needs as well. Generally, the interest investors receive on municipal bonds is exempt from federal income tax. The interest may also be exempt from state and local taxes if you reside in the state where the bond is issued or if the bond is issued by a U.S. territory. Given the tax benefits, the interest rate for municipal bonds is usually lower than on taxable fixed-income securities such as corporate bonds with similar maturities, credit qualities and other terms. For additional information about the characteristics of municipal bonds, please read our Investor Bulletin: Municipal Bonds – An Overview. Understanding Risk Investor Alerts and Bulletins Page 392 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 4/4/24, 9:42 AM SEC.gov | Investor Bulletin: Municipal Bonds – Asset Allocation, Diversification, and Risk https://www.sec.gov/oiea/investor-alerts-and-bulletins/ib_munibondsrisk 2/3 Investors interested in including municipal bonds in their portfolio should understand that all investments, including bonds, have risk. Just as equity investments (such as stock) involve different levels of risk, the same is true of bonds. Investments in some bonds may involve more risk than equity investments. While municipal bonds generally may involve less risk than other bonds, the characteristics and related risks of municipal bonds vary widely. For additional information about the diversity of municipal issuers, please read our Investor Bulletin: The Municipal Securities Market. Diversifying your municipal bond investments may help reduce the risk associated with these investments. Investors should take the time to research the particular municipal bond issuer they are considering, and understand the risks involved. Some of those risks include: Credit or Default risk. This is the risk that the municipal bond issuer may experience financial problems that make it difficult or impossible to pay interest and principal in full, so that the issuer “defaults” on its ability to pay investors. Municipal bond defaults are generally rare. However, a handful of municipal issuers have defaulted on their municipal bonds. For example, in July 2013, the city of Detroit, Michigan filed for bankruptcy related to approximately $18-20 billion dollars of debt. In 2017, a federal oversight board commenced a bankruptcy-like process for the U.S. territory of Puerto Rico related to approximately $70 billion dollars of debt. Some factors which may impact a municipal issuer ’s credit risk include: Adverse political, legislative or regulatory developments; Fluctuating local economic conditions that reduce tax revenues, increase expenses for social insurance programs, and strain issuer’s budgets; and Increased financial pressure related to funding public pension plans. For additional information on how credit risk may impact a municipal bond investment, please read our Investor Bulletin: Municipal Bonds – Understanding Credit Risk. This bulletin also discusses credit ratings and factors investors should consider when using these ratings to evaluate municipal bond investments. Call risk. Call risk refers to the potential for a municipal bond issuer to retire a bond before its maturity date, something that an issuer may do if interest rates decline – much as a homeowner might refinance a mortgage loan to benefit from lower interest rates. A callable municipal bond allows the issuer to redeem some or all of the outstanding municipal bonds on or after a specified “call date” before the specified maturity date. The price the municipality pays for called municipal bonds is predetermined and might differ from the bond’s market price when it’s called. Investors who purchased the bond on the secondary market may receive more or less than they paid for the bond. Bond calls are less likely when interest rates are stable or moving higher. Many municipal bonds are “callable,” so investors who want to hold a municipal bond to maturity should research the bond’s call provisions before making a purchase. Investors wishing to research municipal bonds may access disclosure documents and real-time price data online free of charge at the Municipal Securities Rulemaking Board’s Electronic Municipal Market Access (EMMA) website. Inflation risk. Inflation is a general upward movement in prices. Inflation reduces purchasing power, which is a risk for investors receiving a fixed rate of interest. It also can lead to higher interest rates and lower bond prices. Interest rate risk. Bonds have a fixed face value, known as the “par” value. If bonds are held to maturity, the investor will receive the face value amount back, plus interest that may be set at a fixed or variable rate. The bond’s price will move up as interest rates move down and it will decline as interest rates rise, so that the market value of the bond may be more or less than the par value. If interest rates move higher, investors who hold a fixed-rate municipal bond and try to sell it before it matures could lose money. Rising interest rates will make newly issued bonds more appealing to investors because the newer bonds will pay a higher rate of interest than the older ones. For additional information on how interest rate risk may impact Page 393 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 4/4/24, 9:42 AM SEC.gov | Investor Bulletin: Municipal Bonds – Asset Allocation, Diversification, and Risk https://www.sec.gov/oiea/investor-alerts-and-bulletins/ib_munibondsrisk 3/3 Modified: July 31, 2023 a municipal bond investment, please read our Investor Bulletin: Fixed Income Investment – When Interest Rates Go Up, Prices of Fixed-Rate Bonds Fall. Liquidity risk. This refers to the risk that investors will not find an active market for the municipal bond, potentially preventing them from buying or selling when they want and making pricing more difficult. Many investors buy municipal bonds to hold them rather than to trade them, so the market for a particular bond may not be especially liquid and quoted prices for the same bond may differ. Investors can access real-time price data at no charge and see how their municipal bonds or similar bonds have traded recently at the Municipal Securities Rulemaking Board’s EMMA website at www.emma.msrb.org. Recent price information may not be available for bonds that do not trade frequently. Related Information Investor Bulletin: Municipal Bonds – An Overview Investor Bulletin: The Municipal Securities Market FINRA and MSRB Investor Alert: Municipal Bonds – Staying on the Safe Side of the Street in Rough Times (available at http://www.finra.org/investors/protectyourself/investoralerts/bonds/p118923) The Offices of Investor Education and Advocacy and Municipal Securities have provided this information as a service to investors. It is neither a legal interpretation nor a statement of SEC policy. If you have questions concerning the meaning or application of a particular law or rule, please consult with an attorney who specializes in securities law. You should consult your tax advisor about tax implications. Page 394 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Written Communications – Item 8.1 Rincon – Received 4/8/2024 From: Joan Rincon < Sent: Sunday, April 7, 2024 1:22 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Written public comment, April 9 Council meeting, item 8.1 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 I urge your support for AB 2783. For too many years, Port oversight has sufferred from a "set it and forget it" mentality. Unfortunately, this has now devolved into skirmishes among Port Commissioners to determine the Commissioners selected by other cities, such as recently affected National City. I know for a fact that then-Commissioner Rafael Castellanos inappropriately lobbied NC Councilmembers to change away from its Port rep toward a friend he found more palatable. I know for a fact that Frank Urtasun played political cards relating to an exchange of campaign consulting for favors to obtain the Port Chairship. We all know that Michael Zucchet is simultaneously leader of the largest union involving the City of San Diego's thousands of employees, a position that will heavily influence support or opposition to various local tax proposals that include both sales and TOT tax, and yet sits on the Port Board where his duty, conflictingly, is supposed to be for the best interests of ALL State residents in the enjoyment of Port lands. These are just some of the superficial examples. Their head lawyer, Tom Russell, pitched a tantrum when a Commissioner pointed out that he was operating a side law practice (one dealing with marine law at that) and was representing patent applicants, at a time when his extremely lucrative Port contract called for the taxpaying public's exclusive access to his legal services. It is past time for term limits, reform and oversight on this extremely lucrative organization called the San Diego Unified Port District. Please vote yes on supporting AB 2783. Joan Rincon Page 395 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Written Communications – Item 8.1 Schmidt – Received 4/8/2024 From: Schmidt, Lisa < Sent: Monday, April 8, 2024 12:31 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Letter for Action Item 8.1 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 Greetings, We are requesting to distribute attached letter from Assemblymember Alvarez to Mayor and Council regarding tomorrow’s agenda item 8.1. Please let me know if you have any questions. Thank you, Lisa Lisa M. Schmidt District Director, Assemblymember David Alvarez, 80th District 276 Church Avenue, Suite D Chula Vista, CA 91910 You don't often get email from Learn why this is important mailto:CityClerk@chula vistaca.gov mailto:Lisa.Schmidt@ asm.ca.gov mailto:reportphishing@chulavista ca.gov mailto:lisa.schmid t@asm.ca.gov https://aka.ms/ LearnAboutSenderI dentification mailto:lisa.schmidt@a sm.ca.gov Page 396 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda April 8, 2024 Mayor and Councilmembers City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 Dear Mayor and Councilmembers, First, I would like to express my sincere regret for not being able to attend tomorrow’s Chula Vista Council meeting due to legislative business in Sacramento. However, it is imperative that I express my strong support for Assembly Bill 2783, the San Diego Port of San Diego Reform and Accountability Act. I believe that this legislation is necessary for ensuring transparency, accountability, and effective governance within the Port of San Diego. The Port of San Diego plays a vital role in our region's economy, environment, and community well- being. It facilitates trade, supports tourism, and serves as a hub for recreational activities. The Gaylord Pacific project is a shining example of a successful partnership with the City of Chula Vista that will have a tremendous economic impact and public benefit. However, concerns raised regarding governance practices have highlighted the need for comprehensive reform to enhance public trust and confidence in the Port's operations. Assembly Bill 2783 addresses these concerns by implementing key reforms aimed at improving transparency, accountability, and oversight within the Port of San Diego. By establishing clear guidelines for ethical standards, this legislation will help prevent conflicts of interest and ensure that Port decisions are made in the best interest of the public. In summary, AB 2783 represents a comprehensive approach to reforming the governance of the Port of San Diego while also prioritizing community needs and environmental stewardship. I wholeheartedly urge you to support this vital legislation. Please feel free to contact me for any questions or further dialogue on this bill. Thank you for your consideration. Sincerely, David Alvarez Assemblymember, 80th District Page 397 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Additional Information Item #X, | move that the City take a “Support, if Amended” position on Assembly Bill 2783. Specifically, supporting the following provisions: 1. Requiring annual rotation of Chair, Vice-Chair and Secretary. 2. Requiring one of three City of San Diego-appointed Commissioners to live in a Portside Neighborhood. 3. Requiring the Port District to establish an independent Board of Ethics to enforce Code of Ethics and review ethical matters. 4. Replacing monthly car allowance with per diem compensation. 5. Requiring Port District to publicly disclose lobbying financial activity. And requesting amendments on the following provisions: 1. With regard to term limits, request this provision be removed entirely. 2. With regard to requiring 72-hour notification and disclosure of evidence if the Commissioners act to censure or remove a fellow Commissioner from their duties, request the disclosure of evidence requirement be removed or amended to add “as permitted by law.” 3. With regard to the creation of aCommunity Impact Fund and Future Public Access Fund, 4. With regard to preventing commissions from lobbying, contracting or being employed by the Port for two years after their term ends, request this provision be amended to one year. Jose Preciado Councilman - District 2 City of Chula Vista | 276 Fourth Avenue Chula Vista, CA 91910 Office 619.691.5044 jpreciado@chulavistaca.gov CHULA VISTA Page 398 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Item 8.1: Assembly Bill 2783- San Diego Unified Port District Adrianna Hernandez, Special Projects & Legislative Manager Page 399 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 2 AB 2783 Provisions 1.Adopt three, four-year term limits for all Commissioners. 2.Require annual rotation of Chair, Vice-Chair and Secretary. 3.Require 72-hour notification and disclosure of evidence to appointing authority if the Commissioners act to censure or remove a fellow Commissioner from their duties. 4.Require one of three City of San Diego-appointed Commissioners to live in a Portside Neighborhood as defined. 5.Require the Port District to establish an independent Board of Ethics to enforce Code of Ethics and review ethical matters. 6.Replace monthly car allowance with per diem compensation. Page 400 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 3 AB 2783 Provisions 7.Require the Port District to create the Community Impact Fund and annually deposit 1% of nontax gross revenue for projects that address maritime industrial impacts proposed by cities within the Port District. 8.Require the Port District to establish Future Public Access Fund and deposit 1% of eligible rents for future open space projects in disadvantaged communities. 9.Prevent Commissioners from lobbying, contracting or being employed by the Port for two years after ending their term. 10.Require the Port District to publicly disclose lobbying financial activity. Page 401 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 4 Recent Amendments •A commissioner shall not serve as chairperson unless the commissioner has served on the board for at least one year. •City of San Diego must make a good faith attempt to appoint one commissioner that resides in Portside Neighborhood. •Require the Port district to compensate a commissioner $100 for each day that the commissioner attends a meeting or performs duties related to the district. A commissioner shall not receive more than $600 in a month. Page 402 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda 5 Background City Concerns Term Limits •Cities must be able to determine whether limits on the length of Commissioner appointments are appropriate to best represent their cities’ interests. Disclosure of Evidence/Cooling Off Period •Disclosure requirements should not impact the Port District’s obligations and confidentiality requirements under the law. •Align with current FPPC rules and Government Code 87640.3, which impose a one-year ban. Diversion of Funds •Legislative diversion of funds may materially impact the Port District’s ability to refinance bonds that have already been issued, or to refinance at a competitive rate. Page 403 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Potential Impact on Chula Vista Bayfront Bond refinancing Scenario $45 million in additional costs 5.5 percent interest rate 30-year term $400 million bond 6Page 404 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda Recommended Action: Council provide direction to staff on City position on Assembly Bill 2783: San Diego Unified Port District. Possible positions include support, support if amended, oppose, oppose unless amended, or no position. Page 405 of 405 City of Chula Vista - City Council April 9, 2024 Post Agenda