The URL can be used to link to this page

Home My WebLink About2024/09/10 Post Agenda Packet Date:Tuesday, September 10, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff 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 Americans with 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 September 10, 2024 Post Agenda Page 2 of 269 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 Oath of Office Charles Sanfilippo - Planning Commission 4.2 Chula Vista Bayfront Update by Port Commissioner Ann Moore 8 4.3 Presentation of a Proclamation Proclaiming September 10, 2024 as San Diego County Teacher of the Year, Ms. Ekstein Day in the City of Chula Vista 4.4 Presentation of a Proclamation to Celebrate Scripps Health for 100 Years of Caring 5.CONSENT CALENDAR (Items 5.1 through 5.5) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless the Mayor or a City Councilmember removes the item from the consent calendar. Items removed from the consent calendar will be heard as action items. RECOMMENDED ACTION: To approve the recommended actions appearing below consent calendar Items 5.1 through 5.5. The headings were read, text waived. The motion was carried by the following vote: 5.1 Approve Meeting Minutes 27 5.2 Waive Reading of Text of Resolutions and Ordinances 5.3 Human Relations Commission: Adopt an Ordinance to Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission 40 Report Number: 24-0173 Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt an ordinance amending various sections in Chapter 2.36 of the Chula Vista Municipal Code “Human Relations Commission” to amend the functions and duties of the Commission and processes by which Commissioners are nominated and appointed. (SECOND READING AND ADOPTION) City of Chula Vista - City Council September 10, 2024 Post Agenda Page 3 of 269 5.4 Agreement: Approve an Agreement with T.Y. LIN International to Provide Construction Management Services Related to the Heritage Bridge Replacement and Main Street Widening Projects 75 This item was continued from the August 13, 2024 meeting. Report Number: 24-0145 Location: Heritage Road and Main Street between Entertainment Circle North and Nirvana Avenue Department: Engineering G.C. § 84308: No Environmental Notice: The Project is adequately covered in a previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. RECOMMENDED ACTION: Adopt a resolution approving a consultant services agreement with T.Y. LIN International to perform Construction Management Services for Federal Project BRLS-5203(039): City projects Heritage Bridge Replacement (STM0386) and Main Street Widening (STM0388). City of Chula Vista - City Council September 10, 2024 Post Agenda Page 4 of 269 5.5 Housing Funding: Amending Resolution No. 2024-119 to Restructure Loan Commitment to Project Located at 610 Paseo Del Rey 104 Report Number: 24-0235 Location: 610 Paseo Del Rey 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 (CEQA) 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. Under National Environmental Policy Act, Federal funds constitute a portion of the proposed loan for pre-development and construction costs of the affordable housing project. A final reservation of federal funds shall occur only upon satisfactory completion of the environmental review and receipt by the City of Chula Vista and a release of funds from the United States Department of Housing and Urban Development (“HUD”) under 24 CFR Part 58 of the National Environmental Policy Act (“NEPA”); provided, however, that any funds disbursed to the Project prior to a final NEPA determination shall only be pre-development activities categorically excluded from NEPA pursuant to 24 CFR Part 58.35(b)(6). RECOMMENDED ACTION: Adopt a resolution amending Resolution No. 2024-119 to restructure an affordable housing loan commitment of $3,300,000 to Wakeland Housing and Development Corporation (“Wakeland”) to allow up to $500,000 in funds to also be used for pre-development purposes, in order to meet disbursement deadlines imposed by the U.S. Department of Housing and Urban Development (“HUD”). (4/5 Vote Required) 6.PUBLIC COMMENTS 111 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.ACTION ITEMS 7.1 Consider Items Removed From the Consent Calendar, if Any Consider items removed from the consent calendar by the Mayor or a City Councilmember, if any. If no items were removed from the consent calendar, this item will be withdrawn. City of Chula Vista - City Council September 10, 2024 Post Agenda Page 5 of 269 7.2 Unsheltered Policy: Consider an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property 139 Report Number: 24-0066 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Place an ordinance on first reading adding Division XII, “Preservation of Public Property”, and Chapter 9.90, “Campsites and Other Obstructions on Public Property”, to the Chula Vista Municipal Code. (First Reading) 7.3 Housing Update: Hear a Report on the Chula Vista Residential Tenant Protection Ordinance, Chula Vista Municipal Code Chapter 9.65 159 Report Number: 24-0232 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 (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Council hear the report. 8.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 9.CITY MANAGER’S REPORTS 9.1 Update 2024 Fire Risk Reduction Community List 185 10.MAYOR’S REPORTS City of Chula Vista - City Council September 10, 2024 Post Agenda Page 6 of 269 10.1 Ratification of Appointment to the Following Commissions:189 Board of Appeals and Advisors - Frank Metayer Measure A Citizens’ Oversight Committee - Mayra Estrada - Joel Monreal Measure P Citizens’ Oversight Committee - Christos Korgan - Sassan Rahimzadeh Parks and Recreation Commission - Jessica Fawver Sustainability Commission - David Wu Traffic Safety Commission - Jorge Marroquin Veterans Advisory Commission - Elmer Jimenez - Ricardo Nava 11.COUNCILMEMBERS’ REPORTS 11.1 Councilmember Morineau, Ratification of Appointment to the Following Commissions: 257 Measure P Citizens' Oversight Committee - David Clark Parks and Recreation Commission - Michelle Rodriguez 12.CITY CLERK'S REPORTS 13.CITY ATTORNEY'S REPORTS 14.ADJOURNMENT to the regular City Council meeting on September 17, 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 September 10, 2024 Post Agenda Page 7 of 269 Port of San Diego Update for the Chula Vista City Council Secretary Ann MoorePage 8 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2 Gaylord Pacific –Grand Opening 2025! Page 9 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 3 Gaylord Pacific Construction Page 10 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 4Page 11 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 5 Gaylord Pacific –Grand Opening 2025! Page 12 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 6 Sweetwater Park Construction Update Page 13 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 7 Bayfront Park Pavement Project Page 14 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 8 $125M Electrification and Emissions Reduction 10 Blue Economy Incubator Projects $2.6M Maritime Industrial Impact Fund +30,000 lbs. Trash and Debris Removed Page 15 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 9 Maritime Industrial Impact Fund (MIIF) $2.6 Million Invested •City of National City MOU Free Rides Program (FRANC) -$400,000 •Monarch School Garden and Nutrition Program -$20,000 •Clean Air Action Plan -$12,930 •Residential Air Filters Portside Community -$103,000 •Residential Lodging During the Navy Vessel Fire -$96,939 •Air Filters for Perkins Elementary - $488,165 •Bayshore Bikeway (National City segment) -$900,000 •Barrio Logan Nighttime Noise Study -$116,710 •Working Waterfront Noise Study - $2,950 Free Rides Around National City Program Monarch School Garden and Nutrition Program Page 16 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 10 Maritime Clean Air Strategy -2030 Goals Trucks: 100% ZE truck trips by 2030 for all trucks that call to the Port’s two marine cargo terminals.40% ZE truck trips by 2026. Cargo Handling Equipment: Transition diesel cargo handing equipment to 100% ZE by 2030. Harbor Craft: Tugboat diesel emissions reduced 50% through transition to Zero / Near-Zero Emission technologies and/or other lower-emitting engines or alternative fuels. Port Fleet:Transition to 100% Zero / Near-Zero Emission technologies. Ocean-going Vessels:Equip marine terminals with shore power and/or an alternative technology to reduce ocean-going vessel emissions for ships that call to the Port. Vision Statement: Health Equity for All Page 17 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 1111Page 18 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 12 Crowley eWolf Page 19 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 13 All Electric Mobile Harbor Cranes Page 20 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 14 Blue Economy Incubator Page 21 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 15 Project Site Chula Vista Wildlife Reserve SOFT SHORELINE SOLUTIONS Native Oyster Living Shoreline Page 22 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 16 Freedom Park at Navy Pier Page 23 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 17 Pepper Park Improvements Page 24 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 18 Harbor Park Update Page 25 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 26 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: August 13, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, Assistant City Attorney McClurg, City Clerk Bigelow, Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by America's Gold Star Families. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office Felix Sablan - Cultural Arts Commission Eleuterio Buquiran - Sustainability Commission Morgan Murphy - Health, Wellness, and Aging Commission City Clerk Bigelow administered the oaths of office. 4.2 Presentation by Republic Services Regarding the Vehicle Replacement and Electrification Program Municipal Manager Risa Baron, General Manager Rick Rojas, and Vice President of Municipal Sales Richard Coupland, representing Republic Services gave a presentation on the item. 4.3 Presentation of a Proclamation Proclaiming National Purple Heart Day in the City of Chula Vista The proclamation was presented. Page 27 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 2 4.4 Presentation of a Proclamation Commending Isabella Fuentes for Her Accomplishments in Little League Baseball The proclamation was presented. 5. CONSENT CALENDAR (Items 5.1 through 5.6) Mayor McCann announced that Item 5.3 would be continued to a future meeting. The following members of the public spoke regarding various topics related to the Consent Calendar  John Acosta, Chula Vista resident  Robert Moved by Mayor McCann Seconded by Councilmember Preciado To approve the recommended actions appearing below consent calendar Items 5.1, 5.2 and 5.4 through 5.6. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: August 6, 2024. 5.2 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Agreement: Approve an Agreement with T.Y. Lin International to Provide Construction Management Services Related to the Heritage Bridge Replacement and Main Street Widening Projects Item was not heard and was continued to a future meeting. 5.4 Investment Report: Quarter Ending June 30, 2024 Receive the investment report for the quarter ending on June 30, 2024. 5.5 Grant Acceptance: Accept Grant Funding Through the USDA Forest Service for the Urban Forest Tree Inventory and Forest Management Plan Project, Approve Subaward Agreement with GreenLatinos, and Amend the Fiscal Year 2024/25 Budget Adopt a resolution: A) accepting $500,000 in Inflation Reduction Grant funding through the United States Department of Agriculture, Forest Service Urban & Community Forestry (USDA Forest Service); B) approving a Subaward Agreement with GreenLatinos; (C) designating the City’s agent; and D) amending the Fiscal Year 2024/25 budget and appropriating funds therefor. (4/5 Vote Required) Page 28 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 3 ITEM 5.5 HEADING: RESOLUTION NO. 2024-169 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA (A) ACCEPTING GRANT FUNDS THROUGH THE UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE URBAN & COMMUNITY FORESTRY (USDA FOREST SERVICE) FOR THE CHULA VISTA URBAN FOREST TREE INVENTORY AND FOREST MANAGEMENT PLAN PROJECT; (B) APPROVING A SUBAWARD AGREEMENT WITH GREENLATINOS, AS A NATIONAL PASS-THROUGH PARTNER FOR THE USDA FOREST SERVICE; (C) AUTHORIZING THE DIRECTOR OF PUBLIC WORKS, THE ASSISTANT DIRECTOR OF PUBLIC WORKS, AND THE OPEN SPACE MANAGER THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL NECESSARY GRANT DOCUMENTS, INCLUDING BUT NOT LIMITED TO APPLICATIONS, AGREEMENTS, AND AMENDMENTS TO SECURE THE GRANT FUNDS; AND (D) AMENDING THE FISCAL YEAR 2024-25 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.6 Grant Award and Appropriation: Accept Grant Funds from California for All Animals via UC Davis and Appropriate the Funds John Acosta, Chula Vista resident, submitted written comments regarding the item. Adopt a resolution accepting $50,700 in grant funds from California for All Animals via UC Davis to provide reclaim fee assistance, pet tags, and collars for every dog, and to increase marketing to raise awareness for City of Chula Vista Animal Services, amending the Fiscal Year 2024/25 budget, and appropriating funds for that purpose. (4/5 Vote Required) ITEM 5.6 HEADING: RESOLUTION NO. 2024-170 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM CALIFORNIA FOR ALL ANIMALS VIA UC DAVIS, AMENDING THE FISCAL YEAR 2024/25 BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS Joseph Raso, Chula Vista resident spoke in opposition to the Tenant Protection Ordinance. The following members of the public spoke in support of increased wages f or ACE employees:  Nicole Hobson, representing ACE  Raul Tellez  Esther Martinez  Jeanie Balderas John Acosta, Chula Vista resident, spoke regarding various matters and submitted written comments related to housing and homelessness. Jenne Fredrickson, Chula Vista resident, spoke regarding matters related to housing and homelessness. Page 29 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 4 Delia Dominguez-Cervantes, Chula Vista resident, spoke regarding crime in the area of Broadway and G Street. 7. PUBLIC HEARINGS 7.1 Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Construction of the Citrus Villa Project and Certain Other Matters Relating Thereto Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Housing Manager Warwick gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident, spoke in support of the item. There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Mayor McCann To adopt Resolution No. 2024-171, the heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) ITEM 7.1 HEADING: RESOLUTION NO. 2024-171 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL PROJECT LOCATED AT 178 THIRD AVENUE, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $25,000,000, FOR THE PURPOSE OF FINANCING OR REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF THE PROJECT, AND CERTAIN OTHER MATTERS RELATING THERETO 7.2 Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Renovation of the Seniors on Broadway Project and Certain Other Matters Relating Thereto Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Housing Manager Warwick gave a presentation on the item. Mayor McCann opened the public hearing. John Acosta, Chula Vista resident, spoke in support of the item. Jenne Fredrickson, Chula Vista resident, spoke regarding the relocation process. Page 30 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 5 There being no further members of the public who wished to speak, Mayor McCann closed the public hearing. Moved by Councilmember Preciado Seconded by Mayor McCann To adopt Resolution No. 2024-172, heading was read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) ITEM 7.2 HEADING: RESOLUTION NO. 2024-172 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PLAN OF FINANCE INCLUDING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 TO FINANCE AND REFINANCE A QUALIFIED RESIDENTIAL RENTAL PROJECT KNOWN AS SENIORS ON BROADWAY, LOCATED AT 845 BROADWAY, FOR THE BENEFIT OF METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI- POVERTY OF SAN DIEGO COUNTY, INC. (MAAC), OR AN AFFILIATED ENTITY, AND CERTAIN OTHER MATTERS RELATING THERETO The meeting was recessed at 6:37 p.m. and resumed at 6:46 p.m. 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any There were none. 8.2 Municipal Bonds: Hear a Presentation from Stradling Yocca Carlson and Rauth, Bond and Disclosure Counsel, Regarding Federal Securities Law Matters Related to Disclosure Responsibilities Finance Director Schoen and Lawrence Chan, representing Stradling Yocca Carlson & Rauth, gave a presentation. 8.3 Human Relations Commission: Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission, Adopt a Council Policy Designating Special Observances, and Appropriate Funds Special Projects Manager Hernandez and Community Engagement Specialist Mendez gave a presentation. John Acosta, Chula Vista resident, submitted written comments and spoke in opposition to the item. Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-173 and place the ordinance on first reading, the headings were read, text waived. The motion was carried by the following vote: Page 31 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 6 Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) ITEM 8.3 HEADINGS: A) ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.36 RELATED TO THE FUNCTIONS, DUTIES, AND MEMBERSHIP OF THE HUMAN RELATIONS COMMISSION (FIRST READING) B) RESOLUTION NO. 2024-173 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY ENTITLED: CITY COUNCIL RECOGNITION OF SPECIAL OBSERVANCES (4/5 VOTE REQUIRED) 9. PUBLIC COMMENTS (CONTINUED) There were none. 10. CITY MANAGER’S REPORTS There were none. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11.1 Boards and Commissions: Consider Annual Reappointments to City Boards and Commissions REAPPOINTMENTS TO FIRST TERMS (Initial term less than two years)  Robert Colon-Torres (formerly Robert Maisonet), Board of Ethics  Christine Brady, Cultural Arts Commission  Mary Johnson, Health, Wellness, and Aging Commission  Sandra Hodge, Human Relations Commission  Martin Calvo, Parks and Recreation Commission  Guy Chambers, Privacy Protection and Technology Advisory Commission  Hayley Salazar, Sustainability Commission  Jeanine Sharkey, Sustainability Commission  Tanya Williams, Veterans Advisory Commission REAPPOINTMENTS TO SECOND TERMS  Larry Disharoon, Charter Review Commission  Freda Hernandez-Nader, Health, Wellness, and Aging Commission  Norman Paddock, Housing and Homelessness Advisory Commission  Appaswamy “Vino” Pajanor, Human Relations Commission Moved by Mayor McCann Seconded by Councilmember Preciado To make the above reappointments. The motion carried by the following vote: Page 32 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 7 Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 11.2 Consider Forming a City Council Subcommittee on Outdoor Dining The following members of the public spoke in support of the item:  John Acosta, Chula Vista resident  Todd Voorhees, Chula Vista resident  Kevin Rhodes, Chula Vista resident  Dominic LiMandri Timothy Parker, Chula Vista resident, spoke in opposition to the item. The following members of the public submitted written comments expressing a neutral position on the item:  CV Res  Resident CV Res submitted written comments in support of the item. Moved by Mayor McCann Seconded by Councilmember Preciado To form of a City Council subcommittee on outdoor dining consisting of Mayor McCann and Councilmember Preciado with the first meeting convening within 30 days and a report to be presented to the City Council within 120 days. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. 12.1 Councilmember Preciado Councilmember Preciado gave an oral report on the item. John Acosta, Chula Vista resident, submitted written comments and spoke in support of the item. The following members of the public spoke in opposition to the item:  Lillie Herbert  Delia Dominguez Cervantes  Martha Souza Page 33 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 8 Petrina Branch, Chula Vista resident, spoke in support of the item. Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-174, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, and Councilmember Preciado No (1): Mayor McCann Result, Carried (4 to 1) ITEM 12.1 HEADING: RESOLUTION NO. 2024-174 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SUPPORTING THE CALIFORNIA LEGISLATIVE BLACK CAUCUS’S 2024 REPARATIONS PRIORITY BILL PACKAGE 13. CITY CLERK'S REPORTS There were none. 14. CITY ATTORNEY'S REPORTS There were none. 15. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. Assistant City Attorney McClurg announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 8:38 p.m. The City Council convened in closed session at 8:49 p.m., with all members present. 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) John Acosta, Chula Vista resident, spoke expressing a neutral position on the item. A) ACLU v. Chula Vista Police Department, San Diego Superior Court Case No. 37-2024-20320-CU-WM-CTL Action: No Reportable Action B) CV Amalgamated LLC dba Caligrown v. City of Chula Vista, et al., San Diego Superior Court Case No. 37-2020-00033446-CU-MC-CTL and CV Amalgamated LLC dba Caligrown v. City of Chula Vista, et al., U.S. District Court, Southern District of California Case No. 3:24-cv-01348-RSH-DDL Action: No Reportable Action Page 34 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-13 Regular City Council Meeting Minutes Page 9 15.2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Megan McClurg, Courtney Chase, Tanya Tomlinson, and Sarah Schoen Employee organization: ACE, IAFF, MM/PR, WCE Action: No Reportable Action 16. ADJOURNMENT The meeting was adjourned at 9:43 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 35 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES Date: Location: August 20, 2024, 4:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, City Attorney Verdugo, 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 4:00 p.m. Councilmember Morineau led the Pledge of Allegiance. 2. ROLL CALL Deputy Director of City Clerk Services Turner called the roll. 3. ACTION ITEMS 3.1 Employee Compensation, Bargaining Agreement and Budget Amendments: Approve a Memorandum of Understanding with the Association of Chula Vista Employees, Compensation Summary for Unrepresented Employees, Revised Compensation Schedule, and Budget Amendments Robert spoke regarding the item. Moved by Mayor McCann Seconded by Councilmember Preciado To adopt Resolution Nos. 2024-175 through 2024-178, the headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann No (1): Deputy Mayor Gonzalez Result, Carried (4 to 1) Page 36 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-20 4PM Special City Council Meeting Minutes Page 2 Item 3.1 HEADINGS: A) RESOLUTION 2024-175 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN THE CITY OF CHULA VISTA AND THE ASSOCIATION OF CHULA VISTA EMPLOYEES (“ACE”) RELATED TO COMPENSATION AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; AND AUTHORIZING THE CITY MANAGER, AS SET FORTH HEREIN, TO EXECUTE THE AFOREMENTIONED MOU AND ANY ADDITIONAL DOCUMENTS WHICH MAY BE NECESSARY OR REQUIRED TO IMPLEMENT SAID MOU B) RESOLUTION 2024-176 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED COMPENSATION SUMMARY FOR ALL UNREPRESENTED EMPLOYEES AND ELECTED OFFICIALS, INCLUDING AUTHORIZATION FOR THE MAYOR TO EXECUTE ANY NECESSARY CONTRACT AMENDMENTS TO IMPLEMENT SAID AMENDED COMPENSATION SUMMARY C) RESOLUTION 2024-177 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-2025 COMPENSATION SCHEDULE EFFECTIVE AUGUST 23, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 D) RESOLUTION 2024-178 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2024-25 BUDGET FOR APPROPRIATING FUNDS THEREFOR (4/5 Vote Required) 4. ADJOURNMENT The meeting was adjourned at 4:06 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 37 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda City of Chula Vista Special City Council Meeting MINUTES Date: Location: August 20, 2024, 4:15 p.m. City Hall, Bldg. A, Executive Conference Room #103 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann Also Present: City Attorney Verdugo, City Clerk Bigelow, Deputy Director of City Clerk Services Turner, Deputy Director of City Clerk Services Malone, Deputy City Clerk LaFarga Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 4.17 p.m. 2. ROLL CALL Deputy Director of City Clerk Services Turner called the roll. 3. ACTION ITEMS 3.1 Interviews and Consideration of Appointment to Fill One At -Large Vacancy on the Planning Commission There were no members of the public who requested to speak regarding the item. Deputy Director of City Clerk Services Turner provided information on the item. The City Council discussed the questions that would be asked of each applicant and conducted the interviews. The following members of the public spoke regarding the item:  Robert  John Acosta Robert Johnson submitted written comments regarding the item. Moved by Mayor McCann Seconded by Councilmember Preciado To appoint Charles Sanfilippo to fill the vacancy for the At-Large seat on the Planning Commission. The motion carried by the following vote: Page 38 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024-08-20 4:15 p.m. Special City Council Meeting Minutes Page 2 Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Result, Carried (5 to 0) 4. ADJOURNMENT The meeting was adjourned at 5:26 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 39 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda v . 0 03 P a g e | 1 September 10, 2024 ITEM TITLE Human Relations Commission: Adopt an Ordinance to Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission Location: No specific geographic location Department: City Manager G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt an ordinance amending various sections in Chapter 2.36 of the Chula Vista Municipal Code “Human Relations Commission” to amend the functions and duties of the Commission and processes by which Commissioners are nominated and appointed. (Second Reading and Adoption) Summary This ordinance was placed on first reading on August 13, 2024. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=44248 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 40 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\12375948813\12375948813,,,Ordinance - Amendments CVMC Chapter 2.36.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.36 RELATED TO THE FUNCTIONS, DUTIES, AND MEMBERSHIP OF THE HUMAN RELATIONS COMMISSION WHEREAS, the Human Relations Commission is, among other things, tasked with the development of a mutual understanding and respect among all such groups in the City and to help eliminate prejudice and discrimination; and WHEREAS, following a City Council referral on proposed changes to the functions, duties, and membership of the Human Relations Commission and subsequent input from the Commission, on May 7, 2024, the City Council directed staff to return with implementing ordinance for various changes; and WHEREAS, the City Council desires to amend the functions, du ties, and membership of the Human Relations Commission. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.36 of the Chula Vista Municipal Code is amended as follows: Chapter 2.36 HUMAN RELATIONS COMMISSION [Sections 2.36.010 and 2.36.020 remain unchanged.] 2.36.030 Functions and duties. In cooperation with other relevant boards and commissions, the Human Relations Commission shall perform the following duties and functions: A. Foster mutual understanding, respect and good will among all groups identified in CVMC 2.36.020(A); B. Enlist the cooperation of the various groups, fraternal and benevolent associations and other groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination; C. Study the problems in the event of civil unrest and examine the causes; D. Study, review, analyze, and report to the Mayor, City Council and the City Manager the studies of state and federal agencies, and legislative enactments of state and federal governments, including but not limited to the several civil rights acts of the United States government and the state; Page 41 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 2 E. Work together with City, state and federal agencies in developing programs and events showing the contributions of the various groups to the culture and traditions of the City, state and nation, with support from the Office of the City Manager: 1. Recognize Chula Vista residents who contribute to improved human relations among all Chula Vistans on an annual basis. The Commission shall recommend Chula Vista residents for this honor following a nomination and selection process set forth by resolution of the Commission. Honorees will be recognized annually at a City Council meeting. 2. In partnership with the Office of the Mayor and City Council, recognize various months of significance as set forth in Council Policy [number to be determined]. 3. In partnership with the Office of the Mayor and City Council, host celebrations or recognize significant days as set forth in Council Policy [number to be determined]. F. Promote the establishment of local community organizations in building and strengthening relationships with community groups and nonprofits, including those that support the well-being of the unhoused community in Chula Vista; G. Work with relevant boards and commissions as needed to explore ways to improve municipal services and community relations within the scope of the Commission’s purpose as stated in CVMC 2.36.020(A); H. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will aid in eliminating all types of discrimination based on race, religion, color, creed, national origin, ancestry, age, gender, sexual orientation, disability, medical condition, place of birth, citizenship/immigration status, marital status, or military service, and secure the furnishing of equal services to all residents and maintain the quality of opportunity for employment and advancement in the City government. The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no reports or recommendations except through the City Council and the City Manager. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1; prior code § 1.4.3). 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Voting Members and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). Page 42 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 3 2. The eight remaining voting seats shall be divided equally among the Council districts and each Council district seat shall be appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be residents of the corresponding Council district and must maintain their district residency throughout their tenure. 3. The Youth Advisory Member shall meet the qualifications specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. (Ord. 3539 § 1(E), 2022; Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011). [Sections 2.36.050 and 2.36.060 remain unchanged] Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Page 43 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 4 _____________________________ _____________________________ Maria V. Kachadoorian Marco A. Verdugo City Manager City Attorney Page 44 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Chapter 2.36 HUMAN RELATIONS COMMISSION [Sections 2.36.010 and 2.36.020 remain unchanged] 2.36.030 Functions and duties. In cooperation with other relevant boards and commissions and the Chief’s Community Advisory Board, the Human Relations Commission shall perform the following duties and functions: A. Foster mutual understanding, respect and good will among all groups identified in CVMC 2.36.020(A); B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a Certified Welcoming City; CB. Enlist the cooperation of the various groups, fraternal and benevolent associations and other groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice, intolerance, bigotry and discrimination; DC. Study the problems in the event of civil unrest and examine the causes; ED. Study, review, analyze, and report to the Mayor, City Council and the City Manager the studies of state and federal agencies, and legislative enactments of state and federal governments, including but not limited to the several civil rights acts of the United States government and the state; FE. Work together with City, state and federal agencies in developing programs and events showing the contributions of the various groups to the culture and traditions of the City, state and nation, with support from the Office of the City Manager: 1. Recognize Chula Vista residents who contribute to improved human relations among all Chula Vistans on an annual basis. The Commission shall recommend Chula Vista residents for this honor following a nomination and selection process set forth by resolution of the Commission. Honorees will be recognized annually at a City Council meeting.; 2. In partnership with the Office of the Mayor and City Council, recognize various months of significance as set forth in Council Policy [number to be determined]. 3. In partnership with the Office of the Mayor and City Council, host celebrations or recognizeof significant days as set forth in Council Policy [number to be determined]. GF. Promote the establishment of local community organizations in building and strengthening relationships with community groups and nonprofits, including those that support the well-being of the unhoused community in Chula Vista; HG. Work with relevant boards and commissions, including the Chief’s Community Advisory Board, as needed to explore ways to improve municipal services and community relations within the scope of the Commission’s purpose as stated in CVMC 2.36.020(A); IH. Advise the City Council and the City Manager of policies and programs of a formal and informal nature that will aid in eliminating all types of discrimination based on race, religion, color, creed, national Page 45 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda origin, ancestry, age, gender, sexual orientation, disability, medical condition, place of birth, citizenship/immigration status, marital status, or military service, and secure the furnishing of equal services to all residents and maintain the quality of opportunity for employment and advancement in the City government. The Commission shall be advisory in its function, and shall have no police or enforcement powers. It shall issue no reports or recommendations except through the City Council and the City Manager. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980; Ord. 1857 § 1, 1979; Ord. 1120 § 1; prior code § 1.4.3). 2.36.040 Membership. A. The Human Relations Commission shall consist of 11 Voting Members and one Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. 1. Three voting seats shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). 2. The eight remaining voting seats shall be divided equally among the Council districts and each Council district seat shall be appointed in accordance with the district-based appointment process specified in CVMC 2.25.052(C). Members must be residents of the corresponding Council district and must maintain their district residency throughout their tenure. 1.3. The Youth Advisory Member shall meet the qualifications specified in CVMC 2.25.030(E) and shall be nominated and appointed in accordance with the general appointment process specified in CVMC 2.25.052(A). B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’s residents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civic activities of the City. (Ord. 3539 § 1(E), 2022; Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011). [Sections 2.36.050 and 2.36.060 remain unchanged] Page 46 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Date: April 25, 2024 To: Honorable Mayor and Members of the City Council From: Human Relations Commission Re: Proposed Changes to Chula Vista Municipal Code Chapter 2.36 The Human Relations Commission considered proposed changes to the Chula Vista Municipal Code CVMC) Chapter 2.36 related to the Functions and Duties as well as Membership of the Commission as referred by City Council on February 20, 2024. The Commission and public’s input was considered at two regular meetings of the Commission: March 28 and April 25, 2024. The Commission’s feedback and recommendations are summarized below. Current CVMC Section Proposed Amendment HRC Feedback 2.36.030 In cooperation with other relevant boards and commissions and the Chief’s Community Advisory Board, the Human Relations Commission shall perform the following duties and functions: Consensus was reached to keep the language as is and reject the deletion of the “Chief’s Community Advisory Board”. 2.36.030 (B) B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a Certified Welcoming City; Commission considered and failed to pass two motions: 1. To replace the proposed amendment with “B. The ongoing duty of the Commission shall be to assist the City in becoming a truly Welcoming City, by identifying needs and measures to protect immigrant rights and increase well-being, using resources from networks like Welcoming America.” (Vote was 3-2) 2. To replace the proposed amendment with “B. The ongoing duty shall be to continue to help the city fulfill its commitment to welcome all peoples." (Vote was 3- 2) Some Commissioners believed it was important to keep the original mission of the Commission alive in some way, even if the City does not pursue certification. Page 47 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Some Commissioners believed that failing to include all or identifying specific groups would result in divisive language of one group vs. another. Some Commissioners expressed the need to identify and support marginalized people specifically immigrant members of the community. 2.36.030 (F) EF. Work together with City, state and federal agencies in developing programs and events showing the contributions of the various groups to the culture and traditions of the City, state and nation, with support from the Office of the City Manager: 1. Recognize on annual basis City of Chula Vista residents who contribute to improved human relations among all Chula Vistans. The commission shall recommend Chula Vista residents for this honor following a nomination and selection process and resolution by the commission. The honorees will be recognized at a regularly scheduled meeting of the City Council in the month of September. 2. Sponsor in partnership with Office of the Mayor and City Council: Black History Month, Women’s History Month, Asian/Pacific Islander Month, Jewish American Month, Arab-American Month, Disability Awareness Month, Pride Month, Hispanic Heritage Month, Filipino American Month, and Native American Month. 3. Sponsor in partnership with the Office of the Mayor and City Council significant days of celebration through official ceremony to be held at City Hall Complex at six pm to include- Memorial Day Celebration, Veterans Day Celebration, Pride Flag Raising Day, Juneteenth Flag Raising, Kumeyaay Heritage Celebration on Indigenous Peoples Day, Youth Day, and Seniors Day. 4. Cosponsor with the Office of the Mayor and City Council the annual 4th of July Independence Day Celebration and Fireworks Program Consensus was reached to support these changes as proposed, with the exception that acknowledgement of major faith traditions be recognized through a calendar on both Human Relations Commission and the main City website page. Page 48 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 5. Acknowledge through the Human Relations Commission City Website Page important dates of major faith traditions through a calendar. Include brief narratives that inform Chula Vista residents about such traditions. 2.36.030 (G) FG. Promote the establishment of local community organizations in building and strengthening relationships with community groups and nonprofits; In recognition of the growing community of unhoused Chula Vista residents promote understanding, cooperation, and general support for the well-being of this community. Consensus was reached to replace the proposed amendment with, Strengthen relationships with community groups and nonprofits that support and assist the growing unsheltered community in the City of Chula Vista.” 2.36.030 (H) GH. Work with relevant boards and commissions, including the Chief’s Community Advisory Board Office of the Police Chief, as needed to explore ways to improve municipal services and community relations within the scope of the Commission’s purpose as stated in CVMC 2.36.020(A); Consensus was reached to reject deletion of Chief’s Community Advisory Board and add “Office of the Police Chief”. 2.36.040 (A) A. The Human Relations Commission shall consist of 151 Voting Members and one Youth Advisory Member. Each City Council Member will nominate three members that reside in their respective districts, and the Mayor will nominate three at-large Chula Vista residents and the Youth Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25 CVMC, and this chapter. Commission supports keeping the membership to (11) members due to quorum issues as is. Commission failed to pass a motion that would have kept the Mayor as the nominating authority. Vote to keep the Mayor as nominating authority was4-1. Attachments: March 28, 2024, Human Relations Commission Meeting Minutes April 25, 2024, Human Relations Commission Meeting Minutes (DRAFT) Page 49 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Wie eee) Seti! CITY OF CHULA VISTA REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes March 28, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: . Chair Branch, Commissioner Gomez, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye Absent: =. Commissioner Diaz, Commissioner Lares-Urquidez, Commissioner Pajanor, Commissioner Redondo Also Present: |. Adrianna Hernandez, Karia Mendez 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was Called to order at 6:12 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. a Tg ~ 2. ROLL-CALL ne —_— Secretary Mendez called the roll. - i CONSENT CALENDAR Moved by Commissioner Holm Seconded by Commissioner Olaoye Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye Page 50 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 3.1 3.2 Result:Carried (5 to 0) Approval of Meeting Minutes Written Communications PUBLIC COMMENTS No requests to speak or e-comments ACTION ITEMS 5.1 Discussion and Possible Action Regarding Proposed Changes to the Functions and Duties of the Human Relations Commission Staff Liaison Adrianna Hernandez introduced the item, gave presentation, and discussion ensued. Robert Johnson provided public comment regarding item 5.1 E- comments were submitted by the following people regarding item 5.1 Kathy Hardy Samuel Tsoi Alicia Riley Pedro Rios Benjamin Prado Erin Tsurumoto Grassi Margaret Baker Patricia Mondragon Emails were submitted by the following people regarding item 5.1 Kathy Tell Margaret Cargioli MargaretA. Baker Nancy Relaford Consensus was reached to keep the following language "...and the Chief's Community Advisory Board" in the function and duties of the Human Page 51 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Relations Commission, as stated in section 2.36.030 of the Chula Vista Municipal Code. Consensus was reached to summarize the discussion and multiple positions for CVMC 2.36.030 Functions and Duties - Section B. Consensus was reach in support of CVMC 2.36.030 Functions and Duties Section E-1 as written. Consensus was reached in support of CVMC 2.36.030 Functions and Duties- Section E-2 as written. Consensus was reached in support of CVMC 2.36.030 Functions and Duties- Section E-3 as written. Consensus was reached in support of CVMC 2.36.030 Functions and Duties- Section E-4 as written. Consensus was reached to acknowledge maior faith traditions through a calendar on both Human Relations Commission and the Main City website page in regard to CVMC 2.36.030 Functions and Duties- Section E-5. Recess was taken at 7:55 Meeting was Resumed 8:01 Consensus was reached for the following language "Strengthen relationships with community groups and nonprofits that support and assist the growing unsheltered community in the City of Chula Vista." in regard to CVMC 2.36.030 Functions and Duties - Section F. Consensus was reached for the following language " ... including and/or the Office of the Police Chief" and reject the deletion of "Chief's Community Advisory Board" in regard to CVMC 2.36.030 Functions and Duties - Sections G. Consensus to have the report summarize the following 4 commissioner in favor and 1 opposed for the Mayor as the nominating authority in regard to CVMC 2.36.040 - Membership. Moved by Chair Branch Seconded by Vice Chair Kean-Ayub CVMC 2.36.030 Functions and Duties - Section B: Use language provided by various member of the public as follows, "The ongoing duty of the Commission shall be to assist the City in becoming a truly Welcoming City, by identifying needs and measures to protect immigrant rights and 3 Page 52 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda increase well-being, using resources from networks like Welcoming America." Yes (2): Chair Branch, and Vice Chair Kean-Ayub No (3): Commissioner Hodge, Commissioner Holm, and Commissioner Olaoye Result:Defeated (2 to 3) Moved by Commissioner Holm Seconded by Commissioner Hodge CVMC 2.36.030 Functions and Duties - Section B: Use the suggested language by Commissioner Holm as follows," The ongoing duty shall be to continue to help the city fulfill its commitment to welcome all peoples." Yes (2): Commissioner Hodge, and Commissioner Holm No (3): Chair Branch, Vice Chair Kean-Ayub, and Commissioner Olaoye Result:Defeated (2 to 3) Moved by Chair Branch Seconded by Commissioner Olaoye Commission to support keeping membership of the Human Relations Commission to 11 Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye | Result:Carried (5 to 0) Moved by Commissioner Olaoye Seconded by Commissioner Hodge Keep Mayor as the nominating authority to the Human Relations Commission. Yes (4): Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye No (1): Chair Branch Page 53 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 5.2 Result:Defeated (4 to 1) Updates, Discussion, and Possible Action Regarding Ad-Hoc Subcommittees Staff Liaison Adrianna Hernandez introduced the item. E - comment was submitted by the following people regarding item 5.2 Robert Johnson Email was submitted by the following people regarding item 5.2 Robert Johnson Staff Liaison Adrianna Hernandez gave summary of the Kumeyaay Park Event. The 2025 Ad-Hoc Subcommittee reported back to the commission with a revised list reflecting a list of possible event for the commission to endorse or promote and a second list with events that the commission would be active participants. Moved by Chair Branch Seconded by Vice Chair Kean-Ayub Disband the Kumeyaay Park Event Ad-Hoc Subcommittee Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye Result:Carried (5 to 0) Moved by Chair Branch Seconded by Vice Chair Kean-Ayub Commission to focus on items recommended by Councilmember Preciado along with South Bay Earth Day. Yes (5): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, and Commissioner Olaoye Result:Carried (5 to 0) OTHER BUSINESS Page 54 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda STAFF COMMENTS Secretary Karla Mendez shared information regarding South Bay Earth Day. CHAIR'S COMMENTS | COMMISSIONERS' COMMENTS Commissioner Hodge thanked City Staff and fellow commissioners for their work and contributions to the Human Relations Commission. . Commissioner Gomez thanked fellow commissioners and expressed his appreciation for the commission. ADJOURNMENT The meeting was adjourned at 8:57 p.m. Minutes prepared by: Karla Mendez Secretary Revnande2 fro Karla Mendez, Secretary Page 55 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 1 REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes April 25, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Chair Branch, Commissioner Gomez, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, Commissioner Pajanor Absent: Commissioner Diaz, Commissioner Redondo Also Present: Staff Liaison Adrianna Hernandez 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Hernandez called the roll. Chair Branch provided comments about the passing of Assistant Chief Phil Collum. 3. PUBLIC COMMENTS Robert Johnson provided public comment regarding noticing of meetings and other items. 4. ACTION ITEMS 4.1 Approval of Meeting Minutes Page 56 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2 Moved by Commissioner Lares-Urquidez Seconded by Commissioner Holm Commission approve minutes. Yes (7): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, and Commissioner Pajanor Result:Carried (7 to 0) 4.2 Discussion and Consideration of Memorandum Regarding Proposed Changes to the Functions, Duties and Membership of the Human Relations Commission and Other Recommended Actions Staff Liaison Hernandez introduced the item and discussion ensued. Robert Johnson provided public comment regarding discrepancies in commission names and other items. Moved by Vice Chair Kean-Ayub Seconded by Commissioner Olaoye Approve the draft memo as written with one minor change to 2.36.030 (B) under HRC Feedback to include the word "people" after the word marginalized". Yes (7): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, and Commissioner Pajanor Result:Carried (7 to 0) Moved by Vice Chair Kean-Ayub Seconded by Commissioner Pajanor Chair Branch to present the Commission's feedback at the May 7, 2024 City Council meeting. Yes (7): Chair Branch, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Lares-Urquidez, Commissioner Olaoye, and Commissioner Pajanor Result:Carried (7 to 0) Page 57 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 3 4.3 Updates, Discussion, and Possible Action Regarding Ad-Hoc Subcommittees No update on the Law Enforcement Review Board Ad-Hoc Subcommittee. Commissioners Hodge and Olaoye shared they will continue working on a list of events based on the proposal from City Council. Staff Liaison Hernandez shared the flag raising ceremony for Pride can be hosted on June 7th at 10 a.m. A planning meeting will be scheduled promptly. Chair Branch shared on update on the Juneteenth celebration which will take place on June 17th at 11 a.m. Planning is currently under way. OTHER BUSINESS 5. STAFF COMMENTS Staff Liaison Hernandez shared that the June meeting of the Commission may be cancelled due to staff conflicts. 6. CHAIR'S COMMENTS Chair Branch shared she attended South Bay Earth Day and had a great experience. 7. COMMISSIONERS' COMMENTS Commissioner Hodge shared she had a delightful experience at South Bay Earth Day and the music was incredible. She shared the Port of San Diego is hosting a multi-cultural day on the Chula Vista Bayfront on June 29, 2024. Commissioner Pajanor would like to discuss at a future meeting the possibility of hosting Commission meetings at community centers and the like to have more community presence. Commissioner Lares-Urquidez expressed her appreciation to the Mayor and City Council for her appointment to the Commission as she celebrates one year of service. Chair Branch reminded Commission members on the importance of confirming their attendance to meetings when receiving emails from City staff. This helps inform whether we will have enough members to quorum. 8. ADJOURNMENT The meeting was adjourned at 7:00 p.m. Page 58 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 4 Minutes prepared by: Adrianna Hernandez, Secretary Adrianna Hernandez, Secretary Page 59 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda CIW OF CHULA VISTA REGULAR MEETING OF THE HUMAN RELATIONS COMMISSION Meeting Minutes May 23, 2024, 6:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Chair Branch, Commissioner Diaz, Commissioner Gomez, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye, Commissioner Pajanor, Commissioner Redondo, Commissioner Hecklinski Absent: Commissioner Lares-Urquidez Also Present: Adrianna Hernandez, Karla Mendez 1. CALL TO ORDER A regular meeting of the Human Relations Commission of the City of Chula Vista was called to order at 6:04 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. 2. ROLL CALL Secretary Mendez called the roll. Commissioner Hodge joined the meeting at 6:10 p.m. Commissioner Redondo left the meeting at 7:35 p.m. 3. CONSENT CALENDAR Moved by Vice Chair Kean-Ayub Seconded by Commissioner Olaoye 1 Page 60 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Commission approved consent calendar. Yes (8): Chair Branch, Commissioner Diaz, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye, Commissioner Pajanor, Commissioner Redondo, and Commissioner Hecklinski Result: Carried (8 to 0) 3.1 Approval of Meeting Minutes 3.2 Written Communications 4. PRESENTATIONS 4.1 Presentation by Deputy City Manager/Public Works Director Matt Little: Keeping Chula Vista Safe, Clean and Well -Maintained, A Status Update on Measure P Chair Branch introduced the item, and Deputy City Manager Matt Little presented on a status update on Measure P. Discussion and questions ensued among commissioners and presenter. Gina E provided public comment regarding item 4.1. 5. PUBLIC COMMENTS The following members of the public provided public comment: Mary Davis Gina E. Robert Johnson Martha Souza Anna 6. ACTION ITEMS 6.1 Discussion and Possible Action Regarding Proposed Changes to the Functions and Duties of the Human Relations Commission Staff Liaison Adrianna Hernandez introduced the item and discussion ensued. The following member of the public provided public comment: Robert Johnson E Page 61 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Consensus was reached to summarize the discussion to reflect multiple positions for CVMC 2.36.030 Functions and Duties - Section E-6. Moved by Chair Branch Seconded by Vice Chair Kean-Ayub Support CVMC 2.36.030 Functions and Duties - Section E - 6 as written by Councilmember Preciado " Sponsor Chula Vista Immigrants Day at City Hall Complex and highlight Welcoming Chula Vista programs and services for all immigrant communities." Yes (3): Chair Branch, Vice Chair Kean-Ayub, and Commissioner Pajanor No (5): Commissioner Hodge, Commissioner Holm, Commissioner Olaoye, Commissioner Redondo, and Commissioner Hecklinski Abstain (1): Commissioner Diaz Result: Defeated (3 to 5) Moved by Commissioner Hodge Seconded by Commissioner Holm Do not support CVMC 2.36.030 Functions and Duties- Section E-6 as proposed and instead eliminate the sentence " Sponsor Chula Vista Immigrants Day at Chula Vista Complex and highlight Welcoming Chula Vista programs and services for all immigrant communities. " Yes (3): Commissioner Hodge, Commissioner Holm, and Commissioner Olaoye No (4): Chair Branch, Vice Chair Kean-Ayub, Commissioner Pajanor, and Commissioner Hecklinski Abstain (1): Commissioner Diaz Result: Defeated (3 to 4) 6.2 Discussion and Possible Action on the Annual Report of Activities for Fiscal Year 2023/24 Moved by Commissioner Pajanor Seconded by Commissioner Olaoye Approve the Annual Report of Activities for Fiscal Year 2023/24 3 Page 62 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Yes (8): Chair Branch, Commissioner Diaz, Commissioner Hodge, Vice Chair Kean-Ayub, Commissioner Holm, Commissioner Olaoye, Commissioner Pajanor, and Commissioner Hecklinski Result: Carried (8 to 0) 6.3 Updates, Discussion, and Possible Action Regarding Ad -Hoc Subcommittees The following member of the public provided public comment: Gina E Vice Chair Kean-Ayub provided comments on the focus of the Law Enforcement Review Board Ad -Hoc Subcommittee. Vice Chair Kean-Ayub provided comments on the details regarding the Pride Flag Raising event. Chair Branch provided comments on the details regarding the Juneteenth Flag Raising Event. OTHER BUSINESS 7. STAFF COMMENTS Staff Liaison Adrianna Hernandez informed the Commission that the Human Relation Commission meeting in June has been cancelled. 8. CHAIR'S COMMENTS Chair Branch reported back to the commission on the Presentation to City Council regarding the Human Relations Commission feedback on the changes to the duties and function of the commission. 9. COMMISSIONERS' COMMENTS Commissioner Redondo invited commissioners to sit at his table at the Harvey Milk Diversity Breakfast. Commissioner Hodge really enjoys being on the commission and working with everyone. Commissioner Diaz apologized for two previous absences and stated the reason for absence. Commissioner Hecklinski requested more information about the Ad -Hoc Subcommittees and how to be a part of the subcommittees. n Page 63 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda ommissioner Olaoye was glad to see time change for events. Asked if for July 4th the commission needed to be there. Commissioner Gomez asked about the feedback from Mayor and Council regarding commission's membership. 10. ADJOURNMENT The meeting was adjourned at 8:11 p.m. Minutes prepared by: Karla Mendez Secretary K rla Mendez, Secretary 5 Page 64 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 8.3 Human Relations Commission: Amend Chula Vista Municipal Code Chapter 2.36 “Human Relations Commission” Related to the Functions, Duties, and Membership of the Commission, Adopt a Council Policy Designating Special Observances, and Appropriate Funds B.The Members shall be: (1) representative of the diversity of the City; PRESENT COUNCIL MEMEBERS DO NO NOT REPRESENT THE CITY DIVERSITY (2) specifically chosen to reflect the interests and concern with protection of civil liberties of all people which make up the City’sresidents; (3) committed to fostering better human relations in the City of Chula Vista; and (4) associated with the business and/or civicactivities of the City. (Ord. 3539 §1(E), 2022; Ord. 3405 §1, 2017; Ord. 3211 §10, 2011). 2.36.030 (B) B. The first duty of the Commission shall be to assist the City, by completing all required steps, to become a Certified Welcoming City; considered and failed to pass Commission two motions: 1. To replace the proposed amendment with “B. The ongoing duty of the Commission shall be to assist the City in becoming a trulyWelcoming City, by identifying needs and measures to protect immigrant rights and increase well-being, using resources from networks like Welcoming America.” (Vote was 3-2) 2. To replace the proposed amendment with “ B. The ongoing duty shall be to continue to help the city fulfill its commitment to welcome all peoples." (Vote was 3-2 Written Communications Item 8.3 - Acosta Received 8/12/2024 Page 65 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Certified Welcoming Complaint Form Welcoming America takes certification very seriously. We encourage individuals to bring concerns about noncompliance. Once a complaint is filed, the following steps will be taken: 1. If found to be out of compliance with the Welcoming Standard, will be asked to resolve it through the corrective action process. For additional information about filing a complaint and/or the complaint resolution process, please see the Standard Operating Procedure or contact Welcoming America at certified@welcomingamerica.org Written Communications Item 8.3 - Acosta Received 8/12/2024 Page 66 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda City codes and ordinances have been created to protect the health, safety, and quality of life for residents of Chula Vista. CVMC 5.32.030 A garage sale license must be obtained before any resident or group of residents, organization or club. No more than two garage sales can be conducted by the same person or persons or at the same place within the same calendar year. 19.68.030 Exterior noise limits | Chula Vista Municipal Code17 24.040 Disturbing, excessive, offensive, or unreasonable noises –Prohibited A.It is unlawful for any person in any commercial or residential zone in the City to make, continue or cause to be made or continued any disturbing, excessive, offensive, or unreasonable noise which disturbs the health, safety, general welfare or quiet enjoyment of property of others in any commercial or residential zone within the limits of the City Ch. 8.20 Food Vendors | Chula Vista Municipal Code WEBSections: 8.20.010 Vending vehicles –Definitions. 8.20.015 Mobile food facility. 8.20.020 Vending vehicles –For prepared or prepackaged and unprepared foodstuffs Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 67 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda . New Law to End Retail Sale of Dogs, Cats and Rabbits in Effect Jan. 1, 2021 Bella’s Act will put an end to the sale of animals who have been bred in puppy mills. San Diego —Bella’s Act (AB 2152), which completely prohibits the retail sale of dogs, cats and rabbits in California, takes effect on Jan. 1, 2021. The legislation aims to end the practice of selling animals who have been bred and raised in unhealthy, inhumane conditions in out-of-state puppy mills Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 68 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 69 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 70 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda NO SMOKING CHULA VISTA MUNICIPAL CODE 8.22.30 Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 71 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 72 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 73 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 5.3 - Acosta Received 9/9/2024 Page 74 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda v . 0 0 4 P a g e | 1 September 10, 2024 ITEM TITLE Agreement: Approve an Agreement with TYLin International to Provide Construction Management Services Related to the Heritage Bridge Replacement and Main Street Widening Projects Report Number: 24-0145 Location: Heritage Road and Main Street between Entertainment Circle North and Nirvana Avenue. Department: Engineering G.C. § 84308: No Environmental Notice: The Project is adequately covered in a previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any addenda for the Heritage Road Bridge Replacement Project. Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. Recommended Action Adopt a resolution approving a consultant services agreement with TYLin International to perform Construction Management Services for Federal Project BRLS-5203(039): City projects Heritage Bridge Replacement (STM0386) and Main Street Widening (STM0388). SUMMARY After undergoing a Request for Proposal solicitation process, Staff has selected TYLin International to provide professional services for Construction Inspection, Bridge Construction Inspection and Management, Construction Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services for the replacement of Heritage Road bridge and widening of Main Street The project will enhance safety and improve travel times for road users in the City of Chula Vista. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that it is adequately covered in a previously adopted Mitigated Negative Declaration (MND) IS-17-001 (SCH No. 2017021078) and Mitigation Monitoring and Reporting Program (MMRP), and any and all addenda for the Heritage Road Bridge Replacement Project. Page 75 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 2 Under NEPA, the California Department of Transportation (Caltrans) has determined that the Project is a Categorical Exclusion under 23 USC 327. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City requires construction management services for the Heritage Bridge Replacement (City CIP No. STM0386) and Main Street Widening (City CIP No. STM0388) projects (the “Project”). The purpose of the Project is to replace the existing bridge on Heritage Road and widen Main Street ’s eastbound lanes from Nirvana Avenue to Heritage Road. The construction management services will involve extensive specialized structural construction and will ensure that City remains in compliance with requirements associated with grant administration as outlined in the Caltrans Local Assistance Procedures Manual (“LAPM”). The Project is eligible for grant funding through the Federal Highway Bridge Program (“HBP”) which is administered by Caltrans. Eligible grant expenses include construction engineering, which includes staff time and construction management services. Staff advertised a request for Proposals (“RFP”) for construction management services on August 19, 2022, in accordance with Chula Vista Municipal Code Section 2.56.110 and Caltrans LAMP Chapter 10. On September 30, 2022 the City received one (1) proposal from TYLin International. A bid analysis revealed that the RFP had fifty-three (53) prospective bidders, five (5) of which were likely prime bidders. During the six (6) week advertisement period, two (2) Request for Information (RFI) questions were submitted, both from TYLin. Prospective bidders were surveyed regarding not submitting a proposal. Consultants replied with various reasons: staffing constraints, decided to pursue other opportunities, or was not qualified. Staff determined that based on the procedures taken, bidding interest, and the consul tant responses, a competitive process was provided. Staff further determined that readvertisement would not be necessary and would not be in the public’s best interest as it would be costly and require additional time. A selection committee was created to select the consultant and was comprised of various staff, approved by the City Manager, that were subject matter experts from the project’s functional areas. The committee evaluated and scored the proposal and determined that TYLin International was qualified to complete the Project. Caltrans reviewed the RFP process and approved the selection. The Project experienced delays in 2023 due to unexpected conditions that surfaced while working toward obtaining the environmental permits for the Project. The envi ronmental permitting process was extended, and the Project received the fourth and final permit in the Spring of 2024. The City was then eligible to submit a request for authorization for construction funds to Caltrans. On July 1, 2024, the City received approval from Caltrans to commence the construction and construction engineering phase of the Project. Staff therefore recommends awarding the subject contract, which involves work under the construction engineering phase, to TYLin International. Page 76 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 3 The Project was advertised for construction on July 5, 2024. Bid opening is anticipated on August 21, 2024, and staff anticipates awarding the construction contract via Council before the end of the year. 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 Sufficient funding to cover this contract and City staff costs is included in capital improvement projects STM386 & STM388. Therefore, there is no additional current-year fiscal impact to the Highway Bridge Program and Transportation Development Fund as a result of this action. Project costs are summarized below: FUNDS REQUIRED FOR CONTRACT (STM386 & STM388) Contract Amount $ 5,678,205 Total Funds Required to Complete Project $ 5,678,205 AVAILABLE FUNDING FOR CONTRACT (STM386 & STM388) Highway Bridge Program – STM386 $4,926,300 TDIF – STM386 $638,341 TDIF – STM388 $113,564 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $5,678,205 ONGOING FISCAL IMPACT The proposed construction management contract will have no ongoing fiscal impact. All associated costs are covered within the existing project budget, ensuring no additional funding is required beyond the existing project appropriation. ATTACHMENTS 1. Vicinity Map 2. Two-Party Agreement Staff Contact: Matthew Little, PE, Deputy City Manager/Director of Engineering & Capital Projects Rosina Constanza, Principal Civil Engineer/Acting City Engineer David Hicks, Associate Civil Engineer Page 77 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY AND TYLIN INTERNATIONAL TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES RELATED TO THE HERITAGE BRIDGE REPLACEMENT AND MAIN STREET WIDENING PROJECTS WHEREAS, the Heritage Road Bridge Replacement Project includes the widening of the Main Street eastbound lanes from Nirvana Avenue to Heritage Road, and construction of a replacement bridge south of Main Street, across the Otay River on Heritage Road (the “Project”); and WHEREAS, the Project is eligible for replacement funding through the Federal Highway Bridge Program (“HBP”) administered through the California Department of Transportation Division of Local Assistance (“Caltrans”); and WHEREAS, the City requires construction management services in order to oversee the Project, which involves extensive specialized structural construction, and ensure compliance with requirements associated with the HBP grant administered by Caltrans; and WHEREAS, in order to procure these services and in order to use approved HBP funds for this work, on August 19, 2022, City solicited a Request for Proposals for Construction Management Consulting Services in accordance with the Caltrans Local Assistance Procedures Manual Chapter 10 and Chula Vista Municipal Code Section 2.56.110; and WHEREAS the City received one (1) proposal from TYLIN International to provide Construction Management Services; and WHEREAS, staff determined that based on procedures taken, bidding interest, and consultant responses to survey, a competitive process was provided, readvertisement would not be in the public’s best interest, and Caltrans grant funding oversight has concurred; and WHEREAS, the City Manager approved the formation of a consultant selection committee (the “Committee”) that included the contract administrator and subject matter experts from the project’s functional areas; and WHEREAS, the Committee reviewed and evaluated the qualifications and proposal and selected TYLin International for Professional Construction Management services for the Project; and WHEREAS, on July 1, 2024 the City received Caltrans approval to commence the construction and construction engineering phase of the Project; and Page 78 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Resolution No. Page 2 WHEREAS, staff recommends award of contract to TYLin International to provide services required for construction management of the Project including Resident Engineering, Construction Inspection, Bridge Construction Inspection and Management, Construction Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it awards the City of Chula Vista Professional Services Agreement with TYLin International to provide Construction Management Services for the Heritage Bridge Replacement (CIP STM386) and Main Street Widening (CIP STM388) projects, 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 Matt Little, P.E. Marco A. Verdugo Deputy City Manager/Director of City Attorney Engineering & Capital Projects Page 79 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda BROWN FIELD MUNICIPAL AIRPORT PROJECT LOCATION 125 805 905 HERITAGE BRIDGE REPLACEMENT PROJECT VICINITY MAP Page 80 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH T.Y. LIN INTERNATIONAL TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT CONSULTING SERVICES This Agreement is entered into effective as of September 10, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and T.Y. LIN International, a California corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the Heritage Road Bridge Replacement Project intends to widen the Main Street eastbound lanes from Nirvana Avenue to Heritage Road, and construct a replacement bridge south of Main Street, across the Otay River on Heritage Road (“Project”) ; and WHEREAS, the Project is elegible for replacement funding through the Federal Highway Bridge Program (“HPB”) administered through the California Department of Transportation Division of Local Assistance (“Caltrans”); and WHEREAS, the City requires Construction Management Services in order to oversee the Project which involves extensive specialized structural construction, and ensure compliance with requirements associated with the HBP grant administered by Caltrans; and WHEREAS, in order to procure these services and in order to use approved HBP funds for this work, on August 19, 2022, City solicited a Request for Qualifications/Proposals (RFP) for Construction Management Consulting Services in accordance with the Caltrans Local Assistance Procedures Manual (“LAPM”) Chapter 10 and received one (1) proposal from T.Y. LIN International to provide Construction Management Services; and WHEREAS, since only (1) proposal was received, City staff reviewd the solicitation procedures and determined that the competition was inadequate for the scope of work and that non-bidding consultants provided various reasons for not submitting a proposal that included staffing constraints, decisions to pursue other opportunities, or were not qualified; and WHEREAS, City submitted LAPM Exhibit 12-F “Cost-Effectiveness/Public Interest Finding/A&E Noncompetive” form to Caltrans requesting approval to award the contract using a noncompetitive process and on December 23, 2022 a Caltrans District 11 Local Assistance Engineer approved the request; and WHEREAS, the City Manager approved the formation of a consultant selction Committee (“Committee”) that included the contract administrator and subject matter experts from the project’s functional area; and WHEREAS, the committee reviewed and evaluated the qualifications and proposal from the single proposing consultant and conducted a proposal interview as required by the RFP; and WHEREAS, at the end of the review and interview process, the Committee selected Consultant for Professional Construction Management services for the Project; and WHEREAS, on July 1, 2024 the City received Caltrans approval to commence the construction and construction engineering phase of the Project; and Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 81 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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. 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 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. In the performance of any and all Required Services hereunder, the Consultant shall exercise the level of care, diligence, and skill ordinarily exercised by experienced, competent, and reputable 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. Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 82 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Consultant to complete its obligations under this Agreement comply with all 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, below. 2.4 [intentionally omitted] 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. Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 83 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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 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 except for Professional Liability Insurance. In addition, Consultant waives any right it may have or may obtain to subrogation for a claim against City. Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 84 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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 “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 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 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. Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 85 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s obligation to defend, at Consultant’s own cost, expense and risk, 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 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 Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 86 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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. 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 Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 87 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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 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, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 88 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. 8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time. (End of page. Next page is signature page.) Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 89 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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. CITY OF CHULA VISTA BY: ________________________________ JOHN MCCANN T.Y. LIN INTERNATIONAL BY:________________________________ Philip Yartey Senior Vice President MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco Verdugo City Attorney Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 90 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: José Serrato 276 Fourth Ave, Chula Vista CA 91910 (619) 409 5922 jserrato@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: T.Y. LIN INTERNATIONAL 404 Camino del Rio South, Suite 700, San Diego, CA 92108 (619) 279 3489 Wade.duran@tylin.com For Legal Notice Copy to: Joseph Smith Sector Manager – Construction Management – Southwest 404 Camino del Rio South, Suite 700, San Diego, CA 92108, United States (619) 692 1920 Joseph.smith@tylin.com 2. Required Services A. General Description: T.Y. Lin International will provide Resident Engineering, Construction Inspection, Bridge Construction Inspection and Management, Construction Surveying, Environmental Compliance, Geotechnical, and Materials Testing Services for the construction of the Heritage Road Bridge Replacement Project. B. Detailed Description: The project scope of work is summarized below. As a federally funded project, the Consultant shall adhere to procedures outlined in the Caltrans LAPM.  Construction Management and Inspection Services o Consultant shall provide professional engineering services to perform Resident Engineering and construction inspection, embodying the necessary qualifications and experience to perform construction management services in accordance with the Caltrans Local Assistance Procedures Manual Chapter 16 “Administer Construction Contracts” and Chapter 17 “Project Completion”. The Consultant shall include a Resident Engineer (“RE”) to be the designated Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 91 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 contact for all communications and coordination of operations regarding Construction Inspection, Geotechnical, Construction Surveying, and Environmental Compliance between the Contractor and the City Oversight Resident Engineer (“ORE”). With the support of the Bridge and Construction Inspectors, the RE will review the Contractor's performance of work in accordance with the Contract Documents. The RE will draft and/or review change orders, provide oversight of inspectors, review inspector diaries as needed, review estimate quantity sheets, generate/review monthly progress pay estimates, and assist the ORE as requested, which may include supporting inspection of the construction of bridge or civil improvements. The RE shall also provide accurate and thorough recordkeeping utilizing Caltrans' numbered file system. All submittals, Requests for Information (“RFI”), and requests for staking, testing, or sampling shall be coordinated by the RE with ORE review and approval. o The Consultant shall provide a Construction Inspector that will work under the supervision of the RE and shall coordinate all requests and submittals from the Contractor pertaining to civil improvements through the RE. They shall assist the RE and Bridge Inspector in performing their respective duties and shall be responsible for supporting oversight of the construction of civil improvements for the project. o The Bridge Inspector shall act in the capacity of the Structure Representative as defined by the Caltrans Construction Manual. The Bridge Inspector shall report to the RE and will provide quality assurance reviews of the Contractor’s work with periodic assistance from the Construction Inspector as needed. The Bridge Inspector is to perform the duties of the RE and Construction Inspector only for aspects of the project pertaining to bridge construction, and will coordinate administrative tasks such as requests, submittals, claims, and document management with the RE.  Construction Surveying Services o The Consultant shall provide professional land surveying services during the project construction and shall provide all labor, tools, materials, including stakes, hubs, flagging, nails, paint, and equipment such as vehicles, survey equipment, personal computers, camera, and personal safety devices to perform this work. The Consultant’s personnel shall have experience performing all phases of Technical and Professional Land surveying for bridge replacement projects, knowledge of Caltrans requirements, ability to provide land surveying reports in accordance with applicable governing codes and shall have sufficient capacity to provide the requested services in a cost effective, timely, and professional manner. Team members are to be qualified licensed land surveyors, and technicians experienced in a wide variety of structure construction engineering, field inspection, field engineering, contract administration, and other related duties.  Environmental Compliance Services o The Consultant shall review, monitor, and enforce environmental regulatory requirements, conduct field inspections, and conduct audits of ongoing construction operations and records as necessary to ensure compliance with regulatory agency permit requirements. The Consultant shall represent the City as permitted under environmental permits to ensure regulatory requirements are implemented. The Consultant shall also assist the ORE in coordinating any external audits that may be performed by regulatory agencies. Refer to the Heritage Road Bridge Improvement Project’s Environmental Conditions for specific monitoring and training requirements. The Consultant shall also observe and document Contractor compliance with the Environmental Conditions during routine survey visits. Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 92 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024  Geotechnical Services o The Consultant shall provide professional engineering services to perform geotechnical and special inspection testing services during the project construction and shall provide appropriate equipment such as vehicles, sampling equipment, laboratory test equipment, personal computers, camera, tools, and personal safety equipment to perform this work. The Consultant’s personnel shall have experienced performing geotechnical investigations for bridge replacement projects, knowledge of Caltrans requirements, ability to provide geotechnical reports in accordance with applicable governing codes and shall have sufficient capacity to provide the requested services in a cost effective, timely, and professional manner. Team members shall be registered Geotechnical or Civil Engineers, Geologist, Soils Engineers, Field Inspectors, Field Engineers, contract administrators, and other related duties.  Material Testing Services o The material testing consultant shall provide, on an as-needed basis, quality assurance check testing of permanent materials used in the project such as compacted earthwork, Portland cement concrete, asphalt concrete, reinforcement, pre-stressing materials, grout, and check lines and grades of structures, etc. Multiple laboratories may be needed depending on the materials being tested and whether a laboratory is qualified to test a given material 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin August 13, 2024 and end on December 31, 2028 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: See attached Exhibit E for Applicable Hourly Rates B. Reimbursement of Costs ☒ Invoiced for agreed-upon amounts as identified in Exhibit E Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through December 31, 2028 shall not exceed $5,678,205.00. 5. Special Provisions: ☒ Permitted Sub-Consultants: Atlas Technical Consultants, LLC (Atlas) Blue Lake Civil (BLC) Brian F. Smith and Associates, Inc. (BFSA) CL Surveying and Mapping, Inc. (CL Survey) HKR Engineering, Inc. DBA EarthSpectives (ES) ECORP Consulting, Inc. (ECORP) Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 93 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 Reddy Engineering Services, Inc. (RE Services) Safework, Inc. DBA SafeworkCM (Safework) STC Traffic, Inc. (STC) ZT Consulting Group, Inc. (ZTC) Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 94 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 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 Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 95 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act 1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require designated state and local government officials, including some consultants, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 ☒ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. ☐ B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.) Name Email Address Applicable Designation Enter Name of Each Individual Who Will Be Providing Service Under the Contract – If individuals have different disclosure requirements, duplicate this row and complete separately for each individual Enter email address(es) ☐ A. Full Disclosure ☐ B. Limited Disclosure (select one or more of the categories under which the consultant shall file): ☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7. Justification: ☐ C. Excluded from Disclosure 1. Required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700. 2. Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2. Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: José Serrato 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). Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 96 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 17 City of Chula Vista Agreement No.: 2024-207 Consultant Name: T.Y. LIN International Rev. 03/21/2024 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer 5 (“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 Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 97 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 98 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 99 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 100 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 101 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 102 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Docusign Envelope ID: 419A5BEB-CDB0-42FF-832E-45EB138A83DC Page 103 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda v . 0 0 5 P a g e | 1 September 10, 2024 ITEM TITLE Housing Funding: Amending Resolution No. 2024-119 to Restructure Loan Commitment to Project Located at 610 Paseo Del Rey Report Number: 24-0235 Location: 610 Paseo Del Rey 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 (CEQA) 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. Under National Environmental Policy Act, Federal funds constitute a portion of the proposed loan for pre- development and construction costs of the affordable housing project. A final reservation of federal funds shall occur only upon satisfactory completion of the environmental review and receipt by the City of Chula Vista and a release of funds from the United States Department of Housing and Urban Development (“HUD”) under 24 CFR Part 58 of the National Environmental Policy Act (“NEPA”); provided, however, that any funds disbursed to the Project prior to a final NEPA determination shall only be pre-development activities categorically excluded from NEPA pursuant to 24 CFR Part 58.35(b)(6). Recommended Action Adopt a resolution amending Resolution No. 2024-119 to restructure an affordable housing loan commitment of $3,300,000 to Wakeland Housing and Development Corporation (“Wakeland”) to allow up to $500,000 in funds to also be used for pre-development purposes, in order to meet disbursement deadlines imposed by the U.S. Department of Housing and Urban Development (“HUD”) (4/5 Vote Required). SUMMARY On June 11, 2024, City Council voted to adopt Resolution No. 2024-119 to commit up to $3,300,000 toward the construction of a 96-unit affordable housing development to be located at 610 Paseo Del Rey (the “Project”). After adoption of the resolution, it was brought to staff’s attention that a portion of the committed Page 104 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 2 funds must be disbursed on or before September 30, 2024. Because this deadline will occur prior to the construction start date of the Project, staff is now proposing to issue up to $500,000 of the total commitment as a pre-development loan, to be applied towards eligible pre-development expenses. This change would enable the City to meet HUD deadlines for disbursement of the funds. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because 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. This determination is also predicated on Section 15004 of the State CEQA Guid elines, which provides direction to lead agencies on the appropriate timing for environmental review. This action does not constitute approval of a project. The proposed action is approval of a loan for construction of the affordable housing project, but such loan is contingent upon subsequent completion of the environmental review in accordance with CEQA Section 15004, to the extent necessary. This action will not foreclose review of alternatives or mitigation measures by the public as part of the CEQA process. Notwithstanding the foregoing, the activity qualifies for an exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Under NEPA, Federal funds constitute a portion of the proposed loan for construction of the affordable housing project. A final reservation of federal funds for construction of the project shall occur only upon satisfactory completion of the environmental review and receipt by the City of Chula Vista and a release of funds from the United States Department of Housing and Urban Development (“HUD”) under 24 CFR Part 58 of NEPA; provided, however, that any funds disbursed to the Project prior to a final NEPA determination shall only be pre-development activities categorically excluded from NEPA pursuant to 24 CFR Part 58.35(b)(6). BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Housing and Homeless Advisory Commission reviewed the original funding request on May 8, 2024, and provided an advisory recommendation by a vote of 6-0 to approve staff’s recommendation to approve the funding. Due to time constraints, staff was not able to formally present the proposed change to the Housing and Homeless Advisory Commission (“HHAC”) and solicit a formal vote on the proposed amendment. However, staff did brief the commission during the “Staff Comments” portion of the HHAC meeting on August 20, 2024. The HHAC members provided comments that as long as the fundamental design and affordability of the Project had not changed, they had no objection to amending the scope and timing of the funding commitment. DISCUSSION The Project The Project is located in City Council District 2, at the northeast corner of Paseo del Rey and Telegraph Canyon Road. It is situated within a half-mile or less of various amenities, including multiple bus stops, Paseo Del Rey Park, Rogers Elementary School, 99 Ranch Market grocery store, and a Rite Aid Pharmacy, and is located in a neighborhood that does not currently have any other affordable developments serving similar Page 105 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 3 populations. The nearest affordable complex is Villa Serena Senior Apartments, located 1.5 miles away at 1231 Medical Center Drive. As previously presented, the Project would consist of 96 units, including 95 affordable units and one manager’s unit. Of these, 48 units would be designated as Permanent Supportive Housing (“PSH”), which is a form of housing for formerly homeless individuals that combines deep affordability with intensive services and resources to ensure long-term success. The remainder of units would be restricted to households at 60% of Area Median Income (“AMI”). For reference, the proposed unit sizes and income and rent limits that would be applicable at the Project if it opened today are provided below. (These limits are updated annually and will therefore be different when the Project is completed.) Please note that while the PSH units show a maximum rent, the effective rent in these units will be lower, since they will be restricted at a deeper level by another public agency and the tenants in these units will also receive rental assistance. The tables below represent the cumulative restrictions from both the City and Housing Authority loans; because the HOME program has extensive ongoing compliance requirements, staff may define a smaller proportion of the project as HOME-assisted. Table 1: Proposed Unit Designations and Rent Limits Unit Type AMI Level Number of Units Monthly Rent + Utilities Studio (PSH) 30% 23 $795 Studio (PSH) 50% 9 $672 1 Bedroom (PSH) 50% 16 $726 2 Bedrooms 30% 5 $1,046 3 Bedrooms 30% 5 $1,225 2 Bedrooms 50% 9 $1,667 3 Bedrooms 50% 10 $1,941 2 Bedrooms 60% 9 $1,977 3 Bedrooms 60% 9 $2,300 Table 2: Current Annual Income Limits by Household Size, San Diego County AMI Level 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 30% $31,850 $36,400 $40,950 $45,450 $49,100 $52,750 50% $53,050 $60,600 $68,200 $75,750 $81,850 $87,900 60% $63,650 $72,750 $81,850 $90,900 $98,200 $105,450 City Commitment The original city commitment of funds was adopted on June 11, 2024 via Resolution No. 2024-119 for up to $3,300,000 in HOME Investment Partnerships Program (“HOME”) and HOME Investment Partnerships Program American Rescue Plan (“HOME-ARP”) funding. A second resolution was adopted simultaneously by the Chula Vista Housing Authority (“Housing Authority”), via Housing Authority Resolution No. 2024-005. The Housing Authority resolution committed up to $700,000 to the Project, bringing the total City and Housing Authority funding commitment to $4,000,000. Page 106 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 4 Proposed Change The proposed resolution would allow up to $500,000 of the total funding commitment to be disbursed as a pre-development loan, which would enable the City to disburse funds on or prior to the HUD deadline September 30, 2024. The eligible uses would be expanded to cover pre-development expenses that can be incurred prior to a final NEPA determination. Per 24 CFR Part 58.35(b)(6), these include “legal, consulting, developer and other costs related to obtaining site options, project financing, administrative costs and fees for loan commitments, zoning approvals, and other related activities which do not h ave a physical impact.” There would be no changes to the proposed affordability or design of the Project. The loan would be structured as a short-term loan; however, the loan would be rolled over into the full $3,300,000 construction and permanent financing loan if and when the Project moves into the construction phase. Language was also added that would allow the City to forgive the pre-development loan if it was determined that the Project could not proceed for some reason. This was added to protect the City from having to repay HUD for lost HOME and HOME-ARP funds in an unlikely worst-case scenario. Wakeland purchased the property in 2023, and has also incurred significant pre-development expenses to date, such as for the preparation of environmental reports, architectural renderings, and construction drawings. If the amending resolution is adopted, the City and Wakeland will quickly execute loan documents and process a draw request that would provide for the partial reimbursement of these expenses. 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 If at least $239,271.45 of HOME funds is not disbursed by September 30, 2024, that amount will be reclaimed by HUD. There is no other current-year fiscal impact from the proposed resolution. Funds were already appropriated for this action through the adoption of the First Amendment to the 2023-24 HUD Annual Action Plan, and the 2024-25 HUD Annual Action Plan. ONGOING FISCAL IMPACT The one-time use of HOME and HOME-ARP funds will draw down restricted funds that may be used solely for the creation or improvement of affordable housing. There is no ongoing General Fund expense associated with this action. ATTACHMENTS None. Page 107 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 5 Staff Contact: Brian Warwick, Housing Manager Stacey Kurz, Director of Housing and Homeless Services Page 108 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING RESOLUTION NO. 2024-119 TO RESTRUCTURE A LOAN COMMITMENT TO WAKELAND HOUSING AND DEVELOPMENT CORPORATION, OR AN AFFILIATED ENTITY, FOR AN AFFORDABLE PROJECT TO BE LOCATED AT 610 PASEO DEL REY, TO ALLOW A PORTION OF FUNDS TO BE USED FOR PRE-DEVELOPMENT COSTS, AND MAKING OTHER CHANGES RELATED THERETO WHEREAS, on June 11th, 2024, the City of Chula Vista (“City”) adopted Resolution No. 2024-119 approving a loan of up to three million three hundred thousand dollars ($3,300,000) and the Chula Vista Housing Authority (“Housing Authority”) adopted Resolution No. 2024-005 approving a loan up to seven hundred thousand dollars ($700,000), for a cumulative funding commitment of up to four million dollars ($4,000,000), to Wakeland Housing and Development Corporation (“Wakeland”), or an affiliated entity, to assist in the construction of a ninety-six (96) unit affordable housing development to be located at 610 Paseo Del Rey (the “Project”), and authorizing the City Manager or designee to negotiate and execute all documents related to the loan in a form approved by the City Attorney’s Office; and WHEREAS, Resolution No. 2024-119 specifies the sources of the three million three hundred thousand dollars ($3,300,000) of funds as HOME Investment Partnerships Program (“HOME”) and HOME Investment Partnerships Program American Rescue Plan (“HOME-ARP”) funds allocated to the City by the U.S. Department of Housing and Urban Development (“HUD”); and WHEREAS, the City subsequentl y became aware that $239,271.45 of the committed HOME funds must be disbursed on or before September 30, 2024, or they will be reclaimed by HUD; and WHEREAS, the execution of loan documents and the disbursement of funds pursuant to Resolution No. 2024-119 was made contingent upon the Project attaining certain milestones, including completion of environmental review in accordance with 24 CFR Part 58 of the National Environmental Policy Act (“NEPA”), and having secured all other necessary financing for the construction of the Project; WHEREAS, the Project will not be able to reach these milestones within the compressed time period for disbursement of the aforementioned portion of HOME funds; and WHEREAS, Wakeland has incurred eligible pre-development costs that may be reimbursed prior to construction start under federal HOME and HOME-ARP regulations; and Page 109 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amends Resolution No. 2024-119 as follows: 1. Up to five hundred thousand dollars ($500,000) of the loan of HOME and HOME-ARP funds may be issued in the form of a pre-development loan, to be disbursed for eligible predevelopment expenses in advance of Wakeland securing all other necessary financing for the construction of the Project. In accordance with 24 CFR Part 58.35(b)(6), any pre-development loan funds issued to the Project shall only be applied to pre-development activities which do not have a physical impact on the environment. The pre-development loan shall be due and payable in full on or before June 11, 2028, four years from the date of first commitment of funds, unless converted to a construction and permanent financing loan as set forth below; provided, however, that the City, in its sole discretion, may waive repayment of the loan, in whole or in part, if there are impediments to Project development that the City determines are reasonably beyond the control of the borrower. 2. Upon satisfactory completion of environmental review of the Project under 24 CFR Part 58 of NEPA, and the securing of all other Project financing necessary to begin construction, the pre-development loan will be amended and converted to a fifty-five year construction and permanent financing loan in an amount not to exceed three million three hundred thousand dollars ($3,300,000). Loan funds shall be secured against the Property and repaid from cash surplus in annual installments. 3. All other provisions of Resolution No. 2024-119 shall remain in full force and effect. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 110 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Public Comments – Diez de Bonilla Received 9/3/2024 From: Nayeli Diez de Bonilla Sent: Tuesday, September 03, 2024 10:45 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Disapproval of parklet removal in downtown Hello, Respectfully, I would like to voice my opposition to the decision to remove the parklets on third Avenue. As a lifelong resident, I’ve seen the effect that these parklets have had on third Avenue and I would confidently say that they have added to the sense of community in downtown. These parklets made walking through downtown more inviting and it was nice to see my community members sitting outside enjoying our beautiful weather. The removal of these on the basis that it is inequitable to smaller businesses seems like an illegitimate claim to me. Why not provide all businesses with a parklet space? It would make more sense to me to lean to a walkable downtown area, as increased foot traffic would probably lead to increased business. For example, I’m not going to pull over and park to look around a store but if I’m walking by it is much easier to justify a quick look. This change to a car oriented downtown seems like a step in the wrong direction. There is plenty of parking in the area. Plenty. Many parking lots and a big parking structure that is never nearly full. The parking-lot-ification of our downtown will lead to less sense of community, less foot traffic, and people spending less time in downtown overall. I can’t help but feel like the city is serving Ace Parking Services over its own citizens. I feel betrayed and like my city is working against our interests. I understand if the city feels it needs to redo the parklets idea to ensure it is equitable and maybe address some issues but to remove them with no future plan of installing them feels like a punishment from my city. If it were up to me and the people I’ve spoken to, third Avenue would cater more towards pedestrians and less to cars. We want to be able to walk through downtown and sit outside and enjoy a beverage or a snack. It’s our right to enjoy public land and for it not to be designated car parking. How sad to see our city center lose a space for the public to congregate in order to placate Ace parking. Just say you don’t value community spaces; at this point it feels like the city doesn’t want us to be in public. Respectfully, Nayeli Diez de Bonilla Page 111 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Mayor did you or appointee Alonzo while posing for photo op take time to notice the unsheltered behind you across the street living in tents or in their vehicles. Acosta - Received 9/9/2024 Page 112 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda ALONSO STOP THE PHOTO OPS DO DOMETHING FOR THE COMMUNITY TAKE UN UNSHELTER FAMILY Acosta - Received 9/9/2024 Page 113 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Acosta - Received 9/9/2024 Page 114 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Acosta - Received 9/9/2024 Page 115 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Material for sep 10 Author: La Prensa Created: 09 August, 202 Steve Castaneda Violated Law in Voting for Contract “ Director Castaneda has a financial interest in the Authority’s contract decisions related to the Project,” the FPPC’s July 24th advice letter states. “Director Castaneda must disqualify himself from any participation or attempts to influence all future decisions concerning the Project,” the letter concludes. two government law attorneys La Prensa San Diego spoke with concluded that having a conflict of interest going forward means Castaneda had a conflict when he voted on the contract last year, thereby invalidating the agreement. Acosta - Received 9/9/2024 Page 116 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Acosta - Received 9/9/2024 Page 117 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda From: Timothy Parker Sent: Wednesday, August 14, 2024 9:37 PM To: jdacosta Cc: Subject: Outside Parklets Dear City Council Members, My name is Timothy Parker, owner of Chula Vista Brewery, a business I have proudly operated along Third Avenue for the past seven years. I am also a retired U.S. Navy veteran with 20 years of service. I was one of the first to open my establishment on Third Avenue and, like many others, was severely impacted by the COVID-19 pandemic. During that challenging time, the City of Chula Vista provided much-needed support by allowing outdoor dining through the creation of parklets along Third Avenue and throughout the county. Following the pandemic, the City formed a committee to regulate and enhance the appearance of these parklets. This responsibility was given to Eric Crockett and Kevin Pointer. Unfortunately, it has become apparent that they were working closely with Alan Castle, the true owner of Tavern and Vogue, who has been found guilty of bribery involving a city official. Together, they began to marginalize those who refused to participate in their questionable dealings, including myself and many other business owners. As a result, those who aligned with their interests were allowed to maintain their patios, while others were forced to remove theirs. The outcome of this biased process has left many businesses, including mine, at a significant disadvantage. While a select few who sit on the board continue to benefit from outdoor dining space, the majority of us, who invested our own resources into these patios, were forced to dismantle them, losing both money and customer capacity. Adding insult to injury, taxpayer dollars and grant money have been used to support the expansion of patios for those favored by the committee, further deepening the inequality. The association also harass all food trucks that are not associated with them. While, letting businesses like 3 Punk have Food Truck Public Comments Acosta - Received 9/9/2024 Page 118 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda out all day from opening until close in front of there patio. The Vogue is taking up six parking spaces, they have so much space they created the storage unit in the street. Moreover, these individuals have manipulated the downtown association for their own gain, pushing out military -owned businesses like mine and Fleet Reserve Association (FRA) for short, El Comal, Brew Bar, and El Cocina, all of which have suffered or been f orced to close due to these unfair practices. I am asking the City of Chula Vista to address this inequity. If outdoor dining is to be permitted, it should be made available to all businesses equally, without favoritism. Every business should have the same opportunity to utilize outdoor space, or none should. It is unacceptable for a small group to determine the fate of others, especially when it serves only their own interests. I urge the City to rectify this situation and ensure that all businesses are treated fairly. The current state of affairs, w here a select few benefit at the expense of the majority, is not only unjust but also detrimental to the integrity of our business community. Lastly, I believe it is essential to investigate how the downtown association is using taxpayer dollars to fund their one -sided media campaigns, while preventing others, like myself, from having a voice unless we bear the significant cost out of our own po ckets. Thank you for your attention to this matter. Sincerely, Timothy Parker Owner, Chula Vista Brewery Retired U.S. Navy Veteran Public Comments Acosta - Received 9/9/2024 Page 119 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Chula Vista Brewery Timothy Parker Parkert@chulavistabrewery.com Public Comments Acosta - Received 9/9/2024 Page 120 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Public Comments Acosta - Received 9/9/2024 Page 121 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Public Comments Acosta - Received 9/9/2024 Page 122 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Chula Vista Brewery Timothy Parker Parkert@chulavistabrewery.com Public Comments Acosta - Received 9/9/2024 Page 123 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Chula Vista City Clerk May 1st, 2024 This is my second request for this information! Will you Will kindly forward this information request to Chula Vista Mayor, Chula City council members, city manager, Those working /partfcipatfng or earning money from or employed in the shelter program. Due to the lock of transparency, and clearly lock of Chula Vista Unsheltered improvement. I would like an itemized report regarding the unsheltered program (s) in Chula Vista That would include the following informatfon. 1.What is the amount of money allocated for this program? What is the budget for each program if there is more than one? 2.How much money has it been used total for this year 2024. 3.What is the average pay for those managing the program? 4.How many people are employed in total. 5.How many people are employed for each program. 6.What is the average pay for those working with the clients? 7.Who is overall in charge of the unsheltered program(s)? 8.What is the total amount already spent for each program if more than one? 9.How many employees does each program have. 10. What are the requirements/qualificatfons for those doing outreach? 11.What is the average pay for those working in the shelter facilitfes and what are their experience previous working for Chula Vista unsheltered 12. How many (total number) tfny homes are in Chula Vista 13. How many are they in use. 14. What is the reason that not all tfny homes have been used after all this tfme? and excuses. 15. How many unsheltered individuals have used them. 16. What is the average stay for how long? 17. What happened to them after they left? 18. How many repeated unsheltered clients (more than one tfme) Public Comments Acosta - Received 9/9/2024 Page 124 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 19. How many males? How many Females? How many males with children? 20. How many Females with Children? How many with both parents and children 21. How many unsheltered were able to stay with their pets? How many seniors? 22. Having a kennel is not acceptable. (you all know how I feel about Kennels and corrupt politicians) 23. How many disable physical restricted movement stayed at the shelter for how long? What happened to them after they left? 24. How many disables of other notfceable disability) 25. How many unsheltered came from other citfes. 26. Imperial beach, 27. Natfonal City, 28. San Isidro, 29. San Diego Thank you in advance is always satfsfying when one is aware of how tax dollars are being spent. Very Respectiully John Acosta Seniors and Veterans Advocate Gerontologist ret. USN ret. Public Comments Acosta - Received 9/9/2024 Page 125 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Public Comments – Received 9/10/24 From: Jett888 Jett888 Sent: Tuesday, September 10, 2024 11:54 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: submitted comment for Sept 10th Meeting ROHR PARK Equestrian Arena Still locked 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 When are you going to talk to Richelle Farley, your "tenant" and Licensee in Rohr Park and she's the President of Sunnyside Saddle Club who continues to lock a public Facility (equestrian arena) as this violates your own municipal code 2.66.010 as well as CA State Resource codes 5400- 5409? (Parks are for the Public) Also, please inform her that removing the peoples' public notices on public message boards located in the Public Park is a violation of the 1st Amendment. The equestrian arena located in Rohr Park is an integral facility to the local horse community. Allowing Privatization and requiring a membership to use the facility goes against Chula Vista's own municipal codes. REMOVE the PUBLIC NUISANCE and give back this facility to the public. Sunnyside Saddle Club (SSC) has only used this arena 2 times the entire year- while the community is locked out. Idyll parks/facilities is not the intent or purpose of Parks Page 126 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 127 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 128 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 129 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 130 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 131 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Public Comment - Item 6 - Montoya-Cesena Page 132 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 133 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 134 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 135 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 136 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 137 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 138 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda v . 0 0 4 P a g e | 1 September 10, 2024 ITEM TITLE Unsheltered Policy: Consider an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property Report Number: 24-0066 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place an ordinance on first reading to add Division XII, “Preservation of Public Property”, and Chapter 9.90, “Campsites and Other Obstructions on Public Property”, to the Chula Vista Municipal Code. (First Reading) SUMMARY In the last four years, the unsheltered crisis has grown with a number of unsheltered doubling from prior years. Unsheltered persons frequently occupy public spaces and other places not meant for human habitation. In response, the City developed and implemented a multi-faceted approach inclusive of initiatives, programs, and projects to address the needs of the unsheltered. However, the concentration of growing encampments has resulted in a public health and safety hazard that has adversely impacted the surrounding areas. This item presents a proposed ordinance that would prohibit campsites and sitting, sleeping, lying, or storing personal property on public property at specific locations in the City. 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; Page 139 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 2 therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On October 25, 2023 and January 24, 2024, staff provided updates to the Housing and Homeless Advisory Commission (“Commission”) on Council direction related to policies addressing the unhoused crisis. On August 20, 2024, the Commission made an advisory recommendation by a vote of 5-0 that Council adopt the proposed restrictions that are being presented to Council in the interest of public health and safety. In addition to the Commission meeting, the City formed a Harborside Task Force (the “Task Force”) in 2018 to discuss growing concerns related to unsheltered persons in and around Harborside Park. The Task Force, consisting of stakeholders (San Diego County Health and Human Services, Chula Vista Elementary School District, California Department of Transportation, San Diego Metropolitan Transit System, and surrounding businesses), reconvened in spring 2024 to monitor plans for the park reopening and share community strategies to mitigate impacts. On August 29, 2024 the Task Force met and did not recommend any changes to staff’s proposal. DISCUSSION The national unsheltered crisis affects nearly every community. The potential causes of homelessness are varied and further complicated by the wide range of affected people, including single adult men and women, families, single parents with children, transitional age youth, seniors, and veterans. The complexity and diversity of the unsheltered population creates significant challenges for the City of Chula Vista as it seeks ways to assist the homeless. Unfortunately, unsheltered persons frequently occupy public spaces and other places not meant for human habitation, which poses a significant threat to the health and safety of these individuals , who are already vulnerable to illness, crime, malnutrition, and harmful weather exposures (such as excessive heat, excessive cold, rain, and flooding), and to the health and safety of the larger community. The proposed ordinance addresses impacts related to the occupation of public spaces, but it is only one tool among many to address and work toward solutions to the unsheltered crisis. As detailed below, the City also developed and continues to implement a multi-faceted approach inclusive of policies, initiatives, programs, and projects, such as providing both emergency and long-term housing and services, to address the multitude of needs related to the growing crisis. Chula Vista Homeless Outreach Team Since 2015, the City of Chula Vista has used collaborative multidisciplinary community partnerships that works towards alleviating the effects of homelessness and addresses the short-term needs of those experiencing homelessness to foster long-term housing stability, with a goal of ending homelessness in Chula Vista by providing a consistent, results-based multidisciplinary approach to serving the unsheltered and meeting them where they are. Internally, City staff from the Housing and Homeless Services Department, Police Department, Development Services Code Enforcement, and Public Works Park Rangers work collaboratively to form the Homeless Outreach Team (“HOT”). In collaboration with a dedicated Psychiatric Emergency Response Team (PERT) and a County of San Diego Health and Human Services eligibility technician, real time outreach and Page 140 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 3 engagement services for individuals and families living on the street or in places not meant for habitation are provided. The Team actively seeks out and engages unsheltered persons and, for those who are willing, connects them with services and/or places them in housing linked with appropriate services. The team, in concert with community partners, helps alleviate the effects of homelessness in the community and serves the unsheltered through the following strategies:  Contact and interact with the unsheltered community, based on a relationship of trust, during consistent and regular street outreach to evaluate and assess their needs related to social services, mental health, substance abuse and law enforcement, with a focus on connecting them with appropriate support and services for the short term to foster long-term housing stability.  Meet with community members to identify specific concerns and engage in dialogue that educates them on their rights, their responsibilities as a community members, and potential legal solutions related to addressing homelessness issues.  Forge relationships with the various stakeholders in the community, including citizens, social outreach groups, social services, law enforcement, the mental health system, and the legal justice system, to collaboratively address housing and supportive service needs to provide short-term answers and develop permanent solutions. Working through this cross-functional team of service providers, health and mental health providers, the faith-based community, other governmental agencies, HOT and its partners (the “Team”), the Team can remove barriers to services and permanent housing by providing “compassionate” enforcement that allows the team to meet the needs of those who want assistance and enforce the laws when needed. The Team works in the field to provide coordinated assistance for the unsheltered who want help, including case management, mental health and recovery services, and access to a multitude of resources to address a person’s individualized needs. Through the partnership, a weekly day of outreach was established to work directly with unsheltered residents within the community. Coinciding with the day of outreach, the City’s Public Works department conducts weekly clean-up of City parks, sidewalks, rights of ways, or other public spaces. Housing Opportunities for the Unsheltered There are proven models for housing services that address the specific needs of individuals and families experiencing homelessness. The City has taken appropriate housing measures to meet these needs through a myriad of housing projects and programs including:  Substance Abuse Programs (Detox): Due to the high usage of illegal substances in the homeless population, detox services, through partnering agencies, are often the first resource offered to individuals seeking housing before a temporary or permanent solution can be provided. Without proper medical supervision, ceasing the use of drugs and/or alcohol can be fatal. Once a client is stabilized, longer-term treatment programs or other shelter can be offered.  Emergency Shelters: The facilities, operated by SBCS Corporation (SBCS), are the first-place victims of domestic violence turn to after experiencing a domestic crisis. Emergency shelters provide support services and short-term stabilization for individuals and families before finding appropriate housing that meets their long-term needs. Page 141 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 4  Transitional Age Youth (“TAY”): SBCS operates programs for transitional age youth or young people ages 18 to 24 years old. They offer safe, affordable and supportive housing for former foster youth and/or homeless youth while they finish school or complete job training.  Hotel/Motel Vouchers: This program serves as a tool to cover the cost of a hotel or motel room to temporarily (less than 28 days) house an individual or family that has been connected to permanent housing and is working directly with the Chula Vista Homeless Outreach Team as they stabilize and coordinate their transition to stable housing.  Bridge Shelter: The Chula Vista Village at Otay provides temporary stays, typically ranging from 90 to 120 days to adult individuals and is often referred to as “transitional” or “interim” shelter. The Village provides safe, bridge housing, as well as stabilization and supportive services, to prepare them for the most appropriate longer term or permanent housing interventions.  Rapid Re-Housing: The program provides assistance to help individuals and families find a home of their own as quickly as possible. It is a housing first solution for non-chronic homelessness where individuals or families rent an apartment of their own and are provided temporary support services which can include case management and time-limited financial assistance, with the goal to bring them quickly out of homelessness.  Homeless Prevention: The program was designed to prevent individuals and families that are at risk of eviction and becoming homeless by stabilizing through rental arrears and utility assistance.  Tenant-based Rental Assistance: The program provides targeted, very low-income individuals and households with utility assistance, deposit, and rent subsidies for up to two years as they improve their financial situation and obtain self-sufficiency.  Partnering Housing Options: Understanding the complexity and different level of individual service needs, the City relies on its partnerships for additional housing options such as the Salvation Army, East County Transitional Living Center (ECTLC), McAlister Institute, as well as client-eligible programs targeted for special populations such as seniors and veterans. The City offers up to date information on outcomes of outreach and housing resources on dedicated webpages entitled “Addressing Homelessness”. Future Permanent Supportive Housing One of the gaps that has been identified in the South Bay is housing that provides needed support to individuals that are unable to maintain self-sufficiency after being unsheltered. Permanent Supportive Housing (PSH) is a program designed to provide subsidized housing and intensive supportive services on a long-term basis to formerly chronically unsheltered individuals. These are individuals who have a diagnosed physical or mental disability and who have been continuously unsheltered for one year or more. The City established goals in the 2021-2029 Housing Element to promote construction and financing of PSH units through implementing programs 2.2 and 4.4, and is underway on several projects to increase the number of PSH beds. Funding commitments were made as follows: Casa Anita in 2019; acquisition in late 2023 of 1160 Walnut Avenue (former Palomar Motel site); and $4 million in gap financing for 610 Paseo Del Rey on June 11, 2024, which will house formerly homeless individuals and veterans. A fourth project is currently under review to serve veterans with PSH on Third Avenue. Combined, this would equate to over one hundred and fifty new PSH units in the City, raising the PSH unit count from zero to over one hundred fifty in just five years, as summarized in the table below. Page 142 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 5 PSH Units Constructed or Under Entitlement in Chula Vista Project Status In-Service PSH Units Casa Anita, 760 Anita St. Leased April 2023 24 1160 Walnut Ave. Pre-Rehabilitation Anticipated 2026 30 610 Paseo Del Rey Application Complete Density Bonus & AB21621 Anticipated 2027 48 647 Third Ave. Pre-Application Density Bonus & AB2162 Anticipated 2028 54 TOTAL ANTICIPATED PSH UNITS 156 1 Assembly Bill 2162 (AB2162) became effective January 1, 2019 to streamline the approval of housing projects containing a minimum amount of PSH by providing a ministerial approval process. Other City Efforts to Assist Unsheltered In addition to the housing tools utilized by the Team, individuals are also provided with needed soft skills training to gain employment, as follows:  Wrap-Around Services at the Village at Otay offer individual client-centered case management, housing navigation, interim housing, soft skills, and referrals to partnering local programs.  Work for Hope has conducted beautification projects in over a dozen parks since 2020, including trash removal and repainting of signs, bathroom facilities, pergolas, benches and other fixtures. McAlister Institute supports the program with vocational rehabilitation training, life skills instructions, transportation, job readiness, and links to stable housing resources.  Take Back the Streets provides cleanup of public right of way to keep streets and sidewalks free of trash and debris. Alpha Project supports the effort by providing unsheltered individuals with immediate transitional employment and training while beautifying the community. Council Policy Direction On October 5, 2023 the City Council held a workshop on the state of homelessness in Chula Vista and discussed possible actions and policies to mitigate the impacts. Subsequently, on December 5, 2023, Council continued the discussion and provided direction for staff to explore five policy areas. A summary of the five policy areas and how they are being addressed is included below. 1) Licensing Process for Service Providers issuing Hotel/Motel Voucher: On April 23, 2024, staff presented an ordinance to require service providers placing individuals and families in Chula Vista hotels/motels to provide reporting data to the City, such as number of placements and participating hotels. This requirement would be processed in conjunction with the annual business license and permitting process. Council did not move forward on the adoption of the ordinance and instead directed staff to examine other mechanisms to obtain this data, which have in part been established with the County of San Diego. 2) Ordinance - Encroachment Restrictions on Public Property: Addressed in this item. 3) Policy on Storing Items on Public Property: Addressed in this item. 4) Recreational Vehicle Permit Program: Due to the complexity of developing a permitting system, needed funding, and the supporting resources, this item was identified as needing the longest time to develop. Staff will continue to explore this policy area and adjoining services such as a safe parking site. Page 143 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 6 5) Regulations to Address Abandoned Shopping Carts: Staff is currently working on this policy item with an intent to conduct stakeholder outreach and bring forward provisions for Council consideration in the fourth quarter of 2024. Unsheltered Population and Chula Vista Concerns In January of 2024, the National Homeless Point in Time Count (PITC) was conducted. The results, released by the Regional Task Force on the Homeless, was a total number of 650 in the City of Chula Vista. These results do not include individuals/families placed in Chula Vista hotels by outside provider vouchers, which are estimated to be approximately 250 additional individuals as they would be unsheltered had it not been for government public assistance. While not a requirement, the City’s Team annually conducts its own independent point-in-time count (CVCount). This practice was crucial in the fiscal and policy decision making process, ensuring the most accurate data was available. For data consistency and relatability, the team utilized the same application and survey questions as the regional PITC but with two additional questions pertaining to length of time the individual was unsheltered in Chula Vista and last City/State of permanent residence. On August 13 and 14, 2024 the City conducted an independent count to gather additional and current data. Below are the results for CVCount2024 in comparison to the 2023 results. 2024 CVCount vs 2023 CVCount Unsheltered Population Sheltered Population Total Homeless Population Street County Hotel Vouchers 2024 449 142 189 780 2023 510 144 132 786 Change -61 (-14%) -2 (<-1%) 57 (30%) 1 -6 (<-1%) 1 The increase in part represents the occupancy at the Chula Vista Village at Otay, new to the emergency/transitional housing inventory. The map on the next page, illustrates the areas of concentration. Please note the blue signifies engagement with survey and the red represents an observation if the individual was unwilling or unable to engage. An observation to highlight from prior year counts is the increase in numbers east of Interstate 805 as well as the decrease in number in the Otay Valley Regional Park. A full report of 2024 CVCount including demographic data will be presented at this meeting and available beginning September 11 on the City’s website under Unsheltered Profile. The increase in the number of unsheltered persons over the years and the prior limitations on corrective and enforcement actions has resulted in increased impacts to the community, including illegal activity (drugs, prostitution, theft, assaults, trash and debris). This is of particular concern as a majority of the unsheltered individuals and encampments are concentrated on the west side in proximity to “sensitive locations” such as schools, parks, transit areas, and sensitive, environmentally protected areas. These impacts have led to several City actions, including the addition of outreach staff, additional park rangers, and the closure and fencing off of areas in the Harborside neighborhood. Page 144 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 7 2024 CVCount Observation and Survey Locations Despite the Team’s and other advocates’ efforts to move unsheltered individuals into housing, the number continuing to reside on public property has increased and presents a public health and safety hazard, as further described below, that has adversely impacted the surrounding neighborhoods and commercial areas, prevented general community use of park and open space areas, and resulted in growing complaints from the business community. Under the direction of the Public Works Park Ranger Program and in collaboration with partner organizations, over 3 million pounds of refuse and nearly 5,000 shopping carts have been collected since 2020. The accumulation of trash and debris often results in additional environmental and safety issues that, if left unaddressed, can result in disease spread, fires, and other public health concerns for the entire community, including the unsheltered. Drug paraphernalia (including needles, pipes and other dangerous and illegal equipment) has been found along sidewalks and within parks, which poses a threat to public safety. Furthermore, items from unsheltered campsites that are cleared often contain feces, adding to the health risks for team members conducting the clean-up efforts. Community Use of Public Property and Access The use of public property for camping purposes and/or for the storage of personal property has interfered with the rights of the community to use these public spaces as they are intended and made access to amenities such as parks or schools difficult. Some areas such as Harborside Park and the Industrial Boulevard area have become so acute that the community has demanded City action to address growing crime and violence resulting from the number of unsheltered campsites. This community concern led to the closure of Harborside Park in 2022 and the approval of fencing along Industrial Boulevard in February 2024. Page 145 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 8 Responsive Recommended Action On April 1, 2019, the Ninth Circuit Court of Appeals issued its decision in the Boise case, holding that enforcement against individuals camping and storing property in public places violates the 8th Amendment’s prohibition on cruel and unusual punishment when no sheltering options are available. Subsequently, on April 22, 2024 the Supreme Court heard oral arguments in the Grants Pass v. Johnson case, which included a review of the Boise case. On June 28, 2024, the Supreme Court issued its final decision in the Grants Pass case, overturning Boise and stating that anti-camping bans do not violate the 8th Amendment. In addition, on July 25, 2024, Governor Newsom issued an Executive Order directing state agencies to remove homeless encampments and encouraging local jurisdictions to adopt the state’s guidelines for providing notice to vacate appropriate for the site conditions, providing outreach services in coordination with service providers, and removing and storing personal property collected at removal sites. While the City is dedicated to continuing a compassion-led effort to work with individuals to move from the street to self-sufficiency, it has become clear that additional measures are needed to address growing concerns over public welfare and focus limited resources through expansion of the tools available to Staff. In response to Council and the federal and state actions, Staff is presenting a proposed ordinance to provide the City and the Police Department with potential avenues to prohibit campsites and the obstruction of and storage of personal property in specified public spaces and rights-of-way. This item proposes adding Division XII, “Preservation of Public Property”, and Chapter 9.90, “Campsites and Other Obstructions on Public Property”, to the Chula Vista Municipal Code (the “Ordinance” or “Chapter 9.90”). The proposed Ordinance includes the following provisions: A person shall not sit, lie, sleep, or store personal property on public property as follows:  ADA Access. Upon a street, sidewalk, or other public property in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (1990).  City Permit Activity. Obstruction or interference with the use of the right of way for any activity for which the City has issued a permit.  Motor Vehicles or Bike Paths. Upon a street, bike lane, bike path, or other public property open to use by motor vehicles or bicycles. No person may maintain or occupy a Campsite in or upon public property within the following locations:  Five hundred feet of a public or private school providing instruction in grades 1 to 12, inclusive.  A City Park and the area within five hundred feet of a City Park.  Five hundred feet of an area designated by the City as a shelter, safe camping, or safe parking site.  A Major Transit Stop and the area within five hundred feet of a Major Transit Stop, including: o Palomar Street, H Street, and E Street Trolley stops. o Rapid Bus Service, Line 225, stops (East Palomar, Heritage, Lomas Verde, Santa Venetia, Otay Ranch, and Millenia Stations).  Any Multiple Species Conservation Program (MSCP) Subarea Plan (inclusive of the Otay Valley Regional Park and Sweetwater Valley Regional Park). Attachments 1-4 provide maps of the sensitive locations and Attachment 5 provides the resulting map of all areas where campsite restrictions would be in place, including the buffer zones specified above. Page 146 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 9 The proposed Ordinance would enable City Staff to remove personal property, and all other property, contraband, litter, and waste, and prohibit persons from obstructing certain public property in violation of Chapter 9.90. The proposed Ordinance would further provide the City Attorney with authority to maintain an action to abate and prevent the nuisance, as well as the prosecutorial discretion to charge violations as a criminal misdemeanor or an infraction. The proposed Ordinance requires the City to provide notice prior to initiating cleanups or other enforcement actions as follows: immediate threat to health and safety (no notice required); obstruction of ADA access, City permit activity, or motor vehicle/bike paths (minimum of 3 hours’ notice); unlawful campsites near sensitive locations (minimum of 24 hours ’ notice). The City’s current abatement procedures can be found under the “Clean-Up and Abatement” tab on the Outreach and Clean-Up webpage. Conclusion While the City continues to invest a great deal of resources to assist unsheltered families and individuals regain self-sufficiency, it is clear that without additional tools to mitigate the health and safety impacts to the surrounding community, the City will not be able to adequately address the growing issues while continuing to progress in its current efforts. The proposed Ordinance would provide the City with avenues to prohibit sitting, lying, sleeping, and storing personal property in certain public spaces, public rights-of-way, and open spaces, allowing the City to ensure these public areas are maintained in a clean, sanitary, safe, and accessible condition and to adequately protect the health, safety, environment and general welfare of the community, and to ensure public property is used for its intended purpose and remains accessible to the community. Staff will continue to monitor the impact of adopted policies to assess impact, staffing needs, and gaps in resources, and return to Council as needed to report and adjust. It is anticipated that Staff will bring forward a policy to regulate abandoned shopping carts before end of calendar year. 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 member do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There are no current-year fiscal impacts as a result of this action. All staff time and costs to prepare this report were included in the current fiscal year budget. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts as a result of this action. ATTACHMENTS 1. Map of Schools Page 147 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 10 2. Map of City Parks 3. Map of Transit Stops 4. Map of Multiple Species Conservation Program Lands 5. Map of Areas Restricted from Camping Staff Contact: Stacey Kurz, Director, Department of Housing and Homeless Services Angélica Davis, Homeless Solutions Manager, Department of Housing and Homeless Services Page 148 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda C:\Program Files\eSCRIBE\TEMP\16183387783\16183387783,,,Ordinance Adding Division XII and Chapter 9.90.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING DIVISION XII, PRESERVATION OF PUBLIC PROPERTY, AND CHAPTER 9.90, CAMPSITES AND OTHER OBSTRUCTIONS ON PUBLIC PROPERTY, TO THE CHULA VISTA MUNICIPAL CODE WHEREAS, on June 28, 2024, the U.S. Supreme Court issued its decision in City of Grants Pass, Oregon v. Johnson, overruling the Ninth Circuit’s Martin v. City of Boise decision and holding that the Eighth Amendment does not prohibit cities from enforcing laws regulating camping on public property; and WHEREAS, the City of Chula Vista is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, the City of Chula Vista is committed to protecting the rights of individuals who cannot obtain shelter and to treating their personal property with respect and consideration; and WHEREAS, the City of Chula Vista has implemented a multifaceted approach to dealing compassionately and effectively with the myriad of issues surrounding homelessness; and WHEREAS, City streets, sidewalks, and parks are intended for safe and sanitary shared use by a diverse community of users including businesses, government, and the general public for gathering, recreating, movement of people, maintenance, and cleaning, and are frequently used by people relying on a variety of mobility devices; and WHEREAS, the Chula Vista City Council finds that the placement of campsites on certain public property within the City’s geographical boundaries, including near parks, schools, shelters, safe camping and parking sites, and open space, poses a significant health and safety risk to people living in the campsites and to people otherwise accessing public property for its intended use; and WHEREAS, there are significant adverse impacts caused by campsite activity concentrated around shelters, safe camping, and safe parking sites provided to individuals and families experiencing homelessness that undermines the community’s efforts to provide meaningful assistance and long-term solutions for people seeking reasonable support; and WHEREAS, the Chula Vista City Council finds that some lands are environmentally sensitive and may be significantly damaged by unregulated human activity, including water pollution and uncontained or unauthorized fires; and WHEREAS, the Chula Vista Fire Department has had to respond to several vegetation fires in the City’s that were suspected to have resulted from unauthorized campsites, which is especially dangerous due to the high wildfire risk in all of San Diego County; and Page 149 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 2 WHEREAS, the Chula Vista City Council finds it to be in the best interest of public safety to address the potential for human-caused fires in areas that may be environmentally sensitive, remote, or unseen for lengthy periods of time, which could allow for the quick spread of fires posing a significant danger to life and property throughout the City; and WHEREAS, the City is obligated to protect public health and safety and its natural resources by maintaining clean, safe, and accessible properties for all residents to enjoy, including parks, sidewalks, open space, and other public right of way; and WHEREAS, to mitigate the risks to the health and safety of its citizens and potential damage to environmentally sensitive lands, the Chula Vista City Council desires to adopt reasonable and objective time, place, and manner regulations establishing locations where campsites and obstruction of public property is prohibited, regardless of the availability of shelter, due to the significant health and safety risks to those engaged in that activity, the general public, and the environment; and WHEREAS, it is the intent of this Ordinance to prohibit camping and obstruction of public property within certain areas of the City while encouraging people experiencing homelessness to use available low barrier shelters and access a variety of services available from the City and its partners; and WHEREAS, when abating any campsite or obstruction of public property, the City will provide written notice, except in cases of an imminent threat to public health or safety, in advance of the clearing that explains when the encampment will be removed and how an individual can reclaim items that are stored during the process. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. All of the above recitals are true and correct and incorporated herein by reference. Section II. Division XII, Preservation of Public Property, and Chapter 9.90, Campsites and Other Obstructions on Public Property, area hereby added to the Chula Vista Municipal Code to read as follows: DIVISION XII. PRESERVATION OF PUBLIC PROPERTY Chapter 9.90 CAMPSITES AND OTHER OBSTRUCTIONS ON PUBLIC PROPERTY Sections: 9.90.010 Title and purpose. 9.90.020 Definitions. 9.90.030 Sitting, Lying, Sleeping, or Storage at Specified Locations on Public Property Prohibited. 9.90.040 Campsites at Specified Locations on Public Property Prohibited. Page 150 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 3 9.90.050 Enforcement. 9.90.010 Title and purpose. A. Title. This chapter shall be known as the Encampment Restriction Ordinance. B. Purpose. It is the purpose and intent of the City Council of the City to protect life, health, safety, and to preserve and maintain access to public property in the City through the adoption of this chapter, and to provide additional abatement and enforcement tools to restrict encroachment onto public property at specific, sensitive locations within the City. 9.90.020 Definitions. When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to state or federal laws, including references to any California or federal statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this chapter. “Campsite” means any place where bedding, sleeping bag, or other material used for bedding purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a temporary or permanent place to live, whether or not such place incorporates the use of any tent, lean-to, shack or any other structure. “City Manager” means the City Manager of the City of Chula Vista or their designee. “City Park” has the same meaning as defined in Chula Vista Municipal Code section 2.66.015(B). “Major Transit Stop” has the same meaning as defined in section 21064.3 of the Public Resources Code. “MSCP” means the Chula Vista multiple species conservation program. 9.90.030 Sitting, Lying, Sleeping, or Storage at Specified Locations on Public Property Prohibited. A. ADA Access. A person shall not sit, lie, sleep, or store, maintain, or place personal property upon a street, sidewalk, or other public property in a manner that impedes passage, as provided by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (1990). B. City Permit Activity. A person shall not sit, lie, sleep, or store, maintain, or place personal property upon a street, sidewalk, or other public property in a manner that obstructs or interf eres with the use of the right of way for any activity for which the City has issued a permit. C. Motor Vehicles or Bike Paths. A person shall not sit, lie, sleep, or store, maintain, or place personal property upon a street, bike lane, bike path, or other public property open to use by motor vehicles or bicycles. 9.90.040 Campsites at Specified Locations on Public Property Prohibited. Page 151 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 4 A. No person may maintain or occupy a Campsite in or upon public property within the following locations: 1. Five hundred feet of a public or private school providing instruction in grades 1 to 12, inclusive. 2. A City Park and the area within five hundred feet of a City Park. 3. Any MSCP land, including but not limited to: a. Otay Valley Regional Park b. Sweetwater Valley Regional Park 4. A Major Transit Stop and the area within five hundred feet of a Major Transit Stop, including but not limited to: a. Palomar Street Trolley stop b. H Street Trolley stop c. E Street Trolley stop d. Rapid Bus Service, Line 225, stops, including: i. East Palomar Station ii. Heritage Station iii. Lomas Verde Station iv. Santa Venetia Station v. Otay Ranch Station vi. Millenia Station 5. Within five hundred feet of an area designated by the City as a shelter, safe camping, or safe parking site. B. Nothing in subsection (A) is intended to prohibit the activities of a lawful user if such activities are expressly authorized by the City Manager or by any law, regulation, permit, order, or other directive from a governmental authority. 9.90.050 Enforcement. A. Subject to subsections (B) and (C) below, this chapter may be enforced as follows: 1. The City Manager or the Police Department may remove personal property, and all other property, contraband, litter, and waste found at Campsite in violation of this chapter. 2. A violation of this chapter is a public nuisance that may be enjoined, abated, and prevented. The City Attorney, in the name of the people, may maintain an action to abate and prevent the nuisance. 3. A violation of this section may be charged as a misdemeanor or an infraction, at the discretion of the prosecutor. B. A person shall not be found to be in violation of Section 9.90.030 unless an agent or employee of the City, as applicable, has provided that person written notice, at least 3 hours before commencement of any enforcement action described in subsection (A) above, that the person is prohibited from sitting, lying, sleeping, or storing, using, maintaining, or placing personal property in a prohibited location. A person shall not be found to be in violation of Section 9.90.040 unless an agent or employee of the City, as applicable, has provided that person written notice, at least 24 Page 152 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Ordinance Page 5 hours before commencement of any enforcement action described in subsection (A) above, that the person is prohibited from occupying a campsite in a prohibited location pursuant to this chapter. When possible, information regarding services and resources shall additionally be provided to the person. C. If the City Manager or Police Department reasonably determines that a violation of this chapter creates a dangerous condition or an imminent threat to public health or safety, or if the City receives direction from County of San Diego or another governmental authority that abatement of a campsite is necessary to preserve public health or safety, the violation may be summarily abated by any reasonable means without notice. Summary abatement must be limited to those actions which are reasonably necessary to immediately remove the threat. 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. 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 VI. 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 Stacey Kurz Marco A. Verdugo Housing and Homeless Services Director City Attorney Page 153 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 154 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 155 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 156 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 157 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 158 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda v . 0 05 P a g e | 1 September 10, 2024 ITEM TITLE Housing Update: Hear a Report on the Chula Vista Residential Tenant Protection Ordinance, Chula Vista Municipal Code Chapter 9.65 Report Number: 24-0232 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 (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Council hear the report. SUMMARY City Council adopted Chapter 9.65 (“CVMC 9.65”) of the Chula Vista Municipal Code establishing “Residential Tenant Protections” on October 25, 2022, via Ordinance No. 2022-3527. CVMC 9.65 was subsequently amended to incorporate changes to state law on February 20, 2024 via Ordinance No. 2024-3565. Chapter 9.65 is intended to provide enhanced protections to Chula Vista residents that extend beyond the State of California’s Tenant Protection Act of 2019. Its provisions specifically address no-fault terminations of tenancy based on substantial remodels or demolitions of rental properties, removal of rental properties from the rental market, a government or court order, and owner or family move-ins. The adopted provisions in CVMC 9.65 further define and prohibit harassment and retaliation against tenants, and provide remedies and tools for enforcement. This item seeks to provide an update on ordinance implementation and ongoing public comment related to potential fines for violations of Chapter 9.65. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA. 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 Page 159 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 2 physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Local Tenant Protections On October 25, 2022 City Council adopted Chula Vista Municipal Code Chapter 9.65 - Residential Tenant Protection (“CVMC 9.65”) to require just cause for termination of residential tenancies consistent with Civil Code Section 1946.2 under the Tenant Protection Act of 2019, Assembly Bill 1482 (AB1482), to further limit the reasons for termination of a residential tenancy, to require greater tenant relocation assistance in specified circumstances, and to provide additional tenant protections. California Senate Bill 567 (SB567) amended Civil Code Section 1946.2 and became effective April 1, 2024. In order to remain consistent and maintain local protections, the City amended CVMC 9.65 on February 20, 2024 via Ordinance No. 2024-3565. Implementation Since the effective date of the Ordinance on March 1, 2023, the City has been notified by owners/landlords of no-fault terminations of tenancy for 103 units subject to CVMC 9.65, mainly (over 85%) citing substantial rehabilitation or demolition as the reason for termination. In all cases, the City provided a follow-up voluntary information package to impacted tenants and the City has received fifteen responses to date, which have been assessed and resources referred as appropriate. Specifically, one household was issued Tenant Based Rental Assistance (TBRA) and three are being assessed for eligibility. The City has assessed no fines to property owners during this time. A dashboard has been established on the City’s dedicated webpage for Landlord and Tenants to provide real time information on implementation at http://www.chulavistaca.gov/landlordtenant. Public Comment Staff recognizes community concern regarding potential civil penalties for violations of CVMC 9.65 and the concern regarding the possibility of enforcement action occurring without the City first providing a warning. During the February 20, 2024 amendment, Section 9.65.080(C)(2) was updated to specify that civil penalties for violations of section 9.65.050 (Harassment and Retaliation Against Tenant Prohibited) may be assessed at a rate of up to $5,000 per violation per day; however other civil penalties would be issued in accordance with CVMC 1.41, which allows a rate not to exceed $2,500 per violation per day for most violations of the City’s municipal code. It was always anticipated that most minor clerical errors could be rectified with a warning and without issuance of any penalties. As is the case for any violation of a provision of the City’s municipal code, controlling constitutional law provisions require that any penalties assessed by the City be proportionate to the nature of the violation. Additionally, although the City is not required to provide a warning prior to commencing enforcement, the City may provide a warning in appropriate circumstances. Due to the number of potential types of violations under CVMC 9.65, and given the fact that the circumstances of each violation may vary widely, it would be inappropriate for the City to pre-determine a uniform method of enforcement. For example, if a landlord unlawfully and intentionally terminates a tenancy without cause, a $2,500 civil penalty may be warranted, Page 160 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda P a g e | 3 while a warning would be futile given that the tenant has already been evicted. Conversely, in the event a landlord makes an unintentional error in providing notice to the tenant that can be corrected without a substantial or negative impact on the tenant, a warning and instructions to provide a corre cted notice may be precisely the appropriate level of enforcement. In either case, the landlord subject to an enforcement action has the right to appeal their penalty/the enforcement action administratively, in addition to the option to seek additional judicial review of the City’s action if they disagree with the outcome of the administrative appeal. In sum, the City’s enforcement actions, as to CVMC 9.65 and any other provision of the municipal code, are ruled by established legal principals and subject to administrative and judicial oversight. It should be noted that the City’s primary intervention with regard to the provisions of CVMC 9.65 involves contracted fair housing and tenant-landlord services from CSA San Diego (CSA). Together, CSA and the City mediate disputes and review documents to ensure compliance with CVMC 9.65 and other state laws. In fact, since adoption of CVMC 9.65, City and CSA have collaboratively worked with both landlords and tenants on a handful of cases to ensure compliance with noticing requirements and relocation benefits for properties subject to CVMC 9.65. In all cases, CSA and the City have been able to ensure corrections and compliance without the need to issue fines under Section 9.65.080(C)(2). A letter received and included as Attachment 1 demonstrates the type of positive feedback the City has received. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not a 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.). Councilmember McCann may, however, have a conflict of interest given his ownership interest in rental property and property management business. Otherwise, Staff is not independently aware, and has not been informed by any other 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 as a result of this action. With only a few terminations reported to date, the budget has been able to absorb the increased costs of administration. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of this action as currently presented. Implementation of the Ordinance is anticipated to continue to have minor indirect costs for staff time to collect data, respond to and educate residents. Staff will continue to evaluate impacts and provide City Council with updates related to administrative changes and/or budgetary impacts. ATTACHMENTS 1. Feedback Letter Staff Contact: Stacey Kurz, Director of Housing & Homeless Services Page 161 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda To whom it may concern, We would like to start by thanking Jorge Ibarra for the excellent service he provided for our family during this difficult time. Our family had been living at 1669 Del Monte Ave, Chula Vista, since 1993, and in February of 2024, we were given a 60-day notice to vacate the property we had called home for 30 years. My husband, being disabled, and I, not knowing the language, found ourselves in a situation where we were going to be homeless had it not been for the excellent service provided by Mr. Ibarra. We were referred to Mr. Ibarra by the City of Chula Vista. Mr. Ibarra informed us of our rights and provided the emotional and mental support we needed. He was able to handle our claim and provide us with the best service by offering step-by-step guidance. We are very satisfied and would recommend CSA San Diego County to all of our friends and family. Attachment 1 Page 162 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Joseph A Raso CHULA VISTA, CA 91910 Telephone Honorable Mayor & City Council 09/10/24 I am deeply discouraged and at a loss due to my inability to make you aware of the pain and suffering the City Council has inflicted upon the homeless and financially vulnerable members of our community. When I first read the draft of the “Tenant Protection Ordinance” over a year and a half ago, I was stunned. Property managers, fully aware that landlords must pass expenses onto tenants, immediately recognized that imposing $5,000 daily fines for simple paperwork errors would effect a massive increase in rents and devastate the poorest in our community. Clauses of Concern: Clause 9.65.060E: Reporting Requirements. Owners and Tenants shall provide the City with information regarding termination of tenancies at such times and with such details as required by the City in the attendant Administrative Regulations. When a tenant decides to vacate a property by simply moving away without giving written notice, it is left to the Landlord to terminate the lease. Simple logic dictates that the Landlord’s termination must fall into an “At Fault Just Cause Termination” or “No-Fault Just Cause Termination”. A Tenant simply moving away does not fall into the “Notice Not Required” category listed below leaving the Landlord required to supply City Staff info related information listed in 2B below. 070 Administrative Regulations Requirements Upon Termination of Tenancy A. Owner Notice to City Regarding Termination 1. Notice Not Required Page of1 6 Written Communications Item 7.3 - Raso Received 9/6/2024 Page 163 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Owners are not required to notify City of At-Fault Just Cause terminations. Intent to occupy by Owner or Family Member. Compliance with Government or Court Order. Withdrawal from the rental market. Substantial remodel or Complete Demolition 2. Notice Required In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required to notify City of No-Fault Just Cause terminations B. Content of Notice A CVMC 9.65.070(B) notice by Owner to City of a No-Fault Just Cause termination must contain the following information: Property Address; Owner name, phone and email; Number of total units within complex; Number of units vacant at time of noticing; Number of termination notices issued; Contracted rent at time of notice, for all terminated tenancies; and Copy of all termination notices. If an error is committed by Landlord when submitting data to City Staff, Landlord is subject to fine in Clause 9.65.080C2 listed below. Clause 9.65.080C2: Civil penalties for violations of this chapter may be assessed at a rate not to exceed $5,000 per violation per day. Upon reading the first draft, I consulted with a longtime friend, Jon Miller of Jon Miller Realty, who reassured me that the City Council would never enact the “TPO” as written due to its potential financial devastation on renters. However, Earl Jentz of John Jentz Realty held the opposite view, accurately predicting that Mayor Salas, nearing the end of her term, would push the ordinance through regardless of the negative consequences. Page of2 6 Written Communications Item 7.3 - Raso Received 9/6/2024 Page 164 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda The “Tenant Protection Ordinance” was passed in October 2022 with Council Member Jill Gavez casting the lone dissenting vote. Ms Gavez accurately predicted the massive rent increase the “TPO” would impose on those in our community who could least able to afford. One pivotal event that propelled me to mitigate the suffering of our community's poorest occurred during a CAST Call several years ago. CAST Volunteer Experience: For the past fifteen years, I have volunteered with CAST (Civilian Adversity Support Team). CAST is a team of approximately sixty trained volunteers on call 24 hours a day and dispatched by the Chula Vista Police Department to assist community members who have suffered a sudden death in the family. Calls may range from violent murders to the peaceful passing of an elderly relative. One evening, I was dispatched by the CVPD to the Palomar Trolley Station. Expecting a tragic accident, I was relieved to find no one had died. Instead, the police officer on the scene pointed me to a homeless man sleeping in a refrigerator box with his six-year-old daughter. The policeman asked if I could help improve their situation. I arranged for them to be taken to a shelter for single fathers. The image of that family’s struggles became embedded in my heart, fueling my commitment to assist the financially vulnerable in our community. If you had seen the empty stare on that little girl’s face, you would share my deep commitment to helping the underserved and immediately amend the “Tenant Protection Ordinance.” Upon the passing of the “TPO,” I took a multi-pronged approach to bring relief to the poorest in our community. Community Efforts: 1. Feeding the Homeless: Our church organized a team of volunteers to feed the increasing number of homeless resulting from the passing of the Tenant Protection Ordinance.” Once a week, church members prepare meals for Chula Vista’s homeless. Realizing this was insufficient to mitigate the severe financial devastation as a result the “TPO”, I initiated additional efforts. Page of3 6 Written Communications Item 7.3 - Raso Received 9/6/2024 Page 165 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2. Raising Awareness: I endeavored to make the City Council aware of the damage caused by the current wording of the TPO, naively believing that awareness would prompt immediate corrective action. I gathered data from City staff documenting the pain and suffering inflicted by the TPO” (See attached data in PS section of this communication). Despite compelling data, the City Council and staff have done nothing to effectively alleviate the pain resulting from the TPO. The data clearly shows the TPO has placed an immense burden on low- income renters and homeless, yet there has been no effort to address this issue. In my 75 years I have never witnessed a City Council so neglectful of the community it claims to represent. A practical solution exists to align the TPO with state mandates without harming renters: Proposed Solution: 1. Notification System: Before issuing a $5,000 daily fine, notify the offending party of non-compliance. Honest “Mom & Pop” landlords would gladly come into compliance, while the few “bad apples” would be identified by their attempts to circumvent the law. 2. Benefits: This approach complies with California's requirements, relieves pressure on landlords from precautionary rent increases, and protects tenants from unnecessary financial strain. I urgently request that at least one City Council member care enough about our community and urge fellow Council Member drequest staff to verify the data presented in the PS section of this communication. It is crucial to recognize the severity of this situation and act swiftly to rectify the harm caused by the TPO. I hope this information reignites your commitment to serving the people of Chula Vista. Sincerely, Page of4 6 Written Communications Item 7.3 - Raso Received 9/6/2024 Page 166 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Joseph A. Raso PS: City Staff Supplied Data and Supporting Conclusions: 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 (283,972) 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 - 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 the“Tenant Protection Ordinance”) 8) Maxim average monthly rent increase allowed . . $304.70 ($3047.00 x 10%. California AB-1482 5% plus ination Max 10%) 9) Average number of months required for Landlord to impound a 1 day fine: 16.41 ($5000.00 divided by $304.70) Page of5 6 Written Communications Item 7.3 - Raso Received 9/6/2024 Page 167 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Conclusions Drawn From Staff Supplied Data: A simple analysis of the data reveals: 1) $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 ) 2) 596 New Homeless: Approximate number of Homeless created if only 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) City Staff Supplied Chart: Page of6 6 Written Communications Item 7.3 - Raso Received 9/6/2024 Page 168 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 7.3 – Perez Received 9/9/2024 From: Daniel Perez < Sent: Monday, September 9, 2024 10:27 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Stop Approving Rent control bills, they hurt the real estate economy 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 Stop approving rent control bills, they hurt the real estate economy. Housing is a service just like groceries or gas-fuel. It must be paid for in order continue to operate successfully. There is no free rental housing at the expense of the hard working tax payers. When rental control ordinances are approved the real estate sector is impacted unfavorably. Much like interest increases they hurt the economy as a whole. Page 169 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 7.3 – Kahelski Received 9/9/2024 From: Janet Kahelski < Sent: Monday, September 9, 2024 1:28 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Chula Vista Tenant Protection You don't often get email from Learn why this is important at https://aka.ms/LearnAboutSenderIdentiflcation ] WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can conflrm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov I am an owner of single family rental home in Chula Vista. State of California already has the most strictest rental laws that majority is for protection of the tenants and barely protects the owners of a rental home. I understand that there is a homeless problem but that burden should not be put on individuals that own one or two rental properties as their only source of income. These individual owners of rental properties are not owned or paid by the government or the state yet the government, state and city want the us to be the solution to the homeless problem. Rental properties do not fall under “small business” category yet we have all the laws and regulations but not the beneflts of a small business owner. It would be like if the city, state or government decided that unemployment was the problem and put all the responsibility of solving that problem to small businesses and requiring small businesses to hire every unemployed person as a burden without any beneflts to the businesses. That business would go under. The same can happen to the single family rentals. If it becomes to costly for owners of rentals with all the laws and regulations that only protect the tenants, the owners of single family rentals will get out of the rental business and just sell our rentals. Which will make a bigger impact of less available rental housing. During Covid, my tenant did not pay any rent for about a year. Even though the law stated that the tenant would own back pay for the rent. I lost more than a year of rental income with that tenant. The cost of me having to take the tenant to court knowing that even if I won, I wouldn’t be able to collect back rent owned due to that tenant not having the money. The decision to wait until the tenant decided to leave or give notice was made. After the tenant left, the tenant left my rental in Page 170 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 7.3 – Kahelski Received 9/9/2024 such bad conditions that it cost me over $55,000 in repairs and replacements on top of lost rental income for over a year. I had to take out a loan to cover for the repairs and replacements in order to have my rental be in the condition to be able to rent it out again. It took 5 months for my rental property to be able to be show/rent ready”. Majority of single family rentals have the monthly costs of mortgage payments, insurance, property tax, property management fees, some have HOA fees, and regular upkeep/repair cost. Many times the yearly repair cost can include major repairs like plumping repairs or replace the plumbing in the whole house or repairs to the roof or replace roof or window replacement. When any of those big ticket cost are added, rental owners either break even at the end of the year (if lucky) or those major repairs cost more than the rental income. Then there are turn over costs for owners of rentals which include: replace all carpeting in the house or damaged fiooring, new painting the whole interior of the house, utility bills while work is being done, new blinds or window coverings, professional cleaning, either cost for property management fees or self for advertising, leasing documents, legal documents, applications, income and background checks, etc. This is just standard minimal costs for turn over for new tenants. More if major damage is included that has to be repaired. My point is that rental owners should not be put in a position of being used through legislation as a business for charity cases. Would a small business owner keep a business going if the cost of running that business cost more than he makes? No. Why should small family rental owners be expected to do the same. What will happen is that rental owners WILL choose to sell their rentals because it won’t be worth it anymore and easier just to take the proceeds and invest it elsewhere. Which won’t solve the homeless problem just increase less rentals available. I will sell my rental property and invest it elsewhere if it’s 1. No longer profltable (minimal proflts after year end costs) 2. City, State, government laws, regulations make it to difficult to run it like a business. It just won’t be worth it. Thank you, Janet Kahelski Owner of a single family rental in Chula Vista Sent from my iPhone Page 171 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 7.3 – Mors Received 9/9/2024 From: Abby Mors < Sent: Monday, September 9, 2024 1:46 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: TPO insult 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 At a time when the main news story always seems to be centered around the homeless, lack of affordable housing etc etc, it is ludicrous to expect a Landlord to pull a rental unit off the market for a gov specified time frame. And who pays the Landlord for this loss of income? What other business is penalized in such a manner? Of course, the only recourse is to raise the rental rate. But then there’s the impending rent control. Clearly California is trying to force Landlords to sell their investments. Then the gov can own all the housing. Including the medical care. Sounds like socialism to me! Abby Apt Owner You don't often get email from Learn why this is important Page 172 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Written Communications Item 7.3 – Stoddard Received 9/9/2024 From: Barbara Stoddard < Sent: Monday, September 9, 2024 2:34 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Concerns Regarding the Chula Vista Tenant Protection Ordinance Dear Chula Vista City Council and Staff, I am writing to express my deep concerns regarding the Tenant Protection Ordinance and its impact on rental housing providers in Chula Vista. As an apartment owner, I feel compelled to add my voice to the growing chorus of landlords who are struggling under the weight of these regulations. The current housing crisis, marked by homelessness and a lack of affordable housing, is a complex issue that requires thoughtful solutions. However, the Tenant Protection Ordinance, as it stands, places an unfair burden on landlords and may ultimately exacerbate the very problems it aims to solve. One of the most troubling aspects of this ordinance is the requirement for landlords to remove rental units from the market for a government-specified timeframe during substantial renovations. This mandate is not only impractical but also financially devastating for property owners. No other business is expected to cease operations and forgo income for extended periods without compensation. Who will compensate landlords for this loss of revenue? The answer, unfortunately, is no one. The natural consequence of these restrictions is that landlords are forced to raise rental rates to offset their losses. However, with the looming threat of rent control, our options for maintaining financially viable properties are becoming increasingly limited. It appears that California's policies are systematically pushing landlords to sell their investments. This trend, if continued, could lead to a scenario where the government becomes the primary owner of housing. When coupled with state-controlled medical care, this paints a picture that bears a striking resemblance to socialism. I urge the City Council to reconsider these policies and work towards solutions that balance the needs of tenants with the rights of property owners. We need regulations that encourage investment in rental properties, not ones that drive landlords out of the market. Thank you for your attention to this critical matter. Sincerely, Barbara Stoddard Apartment Owner Page 173 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 174 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Item 7.3 CVMC 9.65 Residential Tenant Protections September 10, 2024 Page 175 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Assembly Bill 1482, Tenant Protection Act of 2019 •Requires justification for termination of tenancy, disclosures, and established annual rent cap •Exempts certain property types History of Tenant Protections At -Fault Just Cause No-Fault Just Cause Non-payment of rent Non-compliance with lease terms Nuisance Commit Waste Criminal activity Illegal subletting Refusal of entry to landlord Using premises for unlawful activity Failure to vacate after employment Failure to deliver possession Removal from rental market Demolition of property Substantial rehabilitation Government order Owner or family move-in Examples of Exempt Properties Single-family non- business entity Duplex in which Owner occupies one unit Page 176 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Council Referral 9/14/21 Substantial Remodel Claims •Concerns over gaps in no fault terminations & harassment •Tenants of Smith/Roosevelt Summer/Fall 2021 •Council Referral Sep. 14, 2021 COUNCIL REFERRAL •Stakeholder Meetings Dec. 1-3, 2021 •Housing Advisory Commission Dec. 8, 2021 FACT FINDING •Stakeholder Meetings Jan. 12-18, 2022 •Housing Advisory Commission Jan. 31, 2022 •Stakeholder Meetings Feb. 17-23, 2022 DRAFT ORDINANCE #1 •City Council Apr. 12, 2022 •Housing Advisory Commission Apr. 19, 2022 •Stakeholder Meetings May 3 & 6, 2022 •City Council May 17, 2022 DRAFT ORDINANCE #2 •Citywide Survey •Joint Stakeholder Meetings Jun. 2, Jul. 13, Aug. 22, 2022 •Draft Reviews Sept. & Oct. 2022 RECOMMENDATION •Ordinance Oct. 25, 2022 •Amendment Feb. 21, 2024 APPROVALS Page 177 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Chula Vista Municipal Code (CVMC) 9.65 •Effective March 1, 2023 & amended April 1, 2024 •Exempt Properties –Identical to AB1482 with exception of property age •Disclosures updated to add CVMC 9.65 Local Residential Tenant Protections https://chulavistaca.gov/landlordtenant Page 178 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda No-Fault Just Cause Terminations •2 or more rented units on same property must notify City •3 or more (Residential Rental Complex): •Provide Relocation benefits = 2 or 3 (elderly/disabled) months greater of SAFMR or current rent •Notify of Right of First Return within 2 years •Penalties for returning to market after withdrawal Residential Tenant Protections CVMC 9.65 Page 179 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Impact Dashboard 3/1/23 -9/10/24 Page 180 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Homeless Prevention Voluntary Resident Eligibility Form •15 received (15%) •1 household receiving Tenant-Based Rental Assistance •3 currently being assessed Page 181 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Compliance with CVMC 9.65 Page 182 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Section 9.65.080(C)(2), civil penalties may be assessed: •$5,000 per violation per day for violations of 9.65.050 (Harassment and Retaliation Against Tenant Prohibited) •$2,500 per violation per day for other civil penalties, issued in accordance with CVMC 1.41 •No notice required Staff assessment: •Consistent with state law and the rest of the municipal code •Takes into account variety of possible violations •Provides legally required flexibility to fit penalty to violation •Multiple levels of review/appeal exist Ongoing Public Concern Page 183 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Questions Page 184 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda 2024 Fire Risk Reduction Communities List Update September 10, 2024 Page 185 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Fire Risk Reduction Communities List (FRRCL) Application Completed February 2024 City of Chula Vista Chula Vista Fire Department City Safety Element Reviewed by BoF April 2024 Application Submitted April 2024 BoF Approved June 2024 FRRCL Published July 2024 Page 186 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda FRRCL In San Diego County Two Applications Submitted Only City In San Diego County Listed One of 11 Cities In CA Listed One of 2 City Fire Departments Listed Page 187 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda FRRCL Outcomes Grant Funding •Wildfire Prevention Grant applicants will receive priority if the applicant is on the Fire Risk Reduction Community List. Insurance Discounts •Cal. Code Regs. Tit. 10, §2644.9 -Consideration of Mitigation Factors; Wildfire Risk Models •Rating plans must reflect mandatory factors if using risk modeling: •Community-level mitigation designations Page 188 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Chula Vista City Hall ・276 4th Avenue ・Chula Vista ・CA 91910・jmccann@chulavistaca.gov Memo September 5, 2024 TO: Kerry Bigelow, City Clerk CC: Karina L. Lafarga FROM: Mayor John McCann RE: Board and Commission Appointments The Mayor would like to recommend Frank Metayer for appointment to the Board of Appeals and Advisors. Frank Metayer will replace former Commissioner Jim Combs. The Mayor would like to recommend Joel Monreal for appointment to the Measure A Citizens’ Oversight Committee. Joel Monreal will replace former Commissioner Dustin Bruzee. The Mayor would like to recommend Mayra Estrada for appointment to the Measure A Citizens’ Oversight Committee. Mayra Estrada will replace former Commissioner Nicole Hobson. The Mayor would like to recommend Sassan Rahimzadeh for appointment to the Measure P Citizens’ Oversight Committee. Sassan Rahimzadeh will replace former Commissioner Silvia Saldivar. The Mayor would like to recommend Christos Korgan for appointment to the Measure P Citizens’ Oversight Committee. Christos Korgan will replace former Commissioner Oscar Romo. The Mayor would like to recommend Jorge Marroquin for appointment to the Traffic Safety Commission. Jorge Marroquin will replace former Commissioner Juan Cervantes. The Mayor would like to recommend Elmer Jimenez for appointment to the Veterans Advisory Commission. Elmer Jimenez will replace former Commissioner Henry Martinez. The Mayor would like to recommend Ricardo Nava for appointment to the Veterans Advisory Commission. Ricardo Nava will replace former Commissioner Maria Balolong. Page 189 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda The Mayor would like to recommend Jessica Fawver for appointment to the Parks and Recreation. Jessica Fawver will replace former Commissioner Maria Garcia-Lopez. The Mayor would like to recommend David Wu for appointment to the Youth Advisory Seat on the Sustainability Commission. Please placed this item on the September 10, 2024 Council agenda for ratification and schedule the oath of office for the following Council meeting. Yours in service, John McCann Mayor Page 190 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 191 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 192 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 193 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 194 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 195 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 196 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 197 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 198 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 199 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 200 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 201 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 202 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 203 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 204 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 205 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 206 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 207 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 208 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 209 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 210 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 211 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 212 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 213 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 214 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 215 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 216 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 217 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 218 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 219 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 220 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 221 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 222 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 223 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 224 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 225 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 226 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 227 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 228 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 229 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 230 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 231 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 232 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 233 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 234 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 235 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 236 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 237 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 238 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 239 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 240 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 241 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 242 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 243 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 244 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 245 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 246 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 247 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 248 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 249 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda In CHULA VISTA It’s easier to be a politician. there are minimal ethics required and are less regulated. then a commissioner Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 250 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Updated:13 September, 2023 The Chula Vista City Council has voted twice on the appointment of a community member to serve on an important sales tax oversight committee, but now both votes are raising concerns over their legality Arturo Castañares Created:12 June, 2023 The City's Interim City Attorney then explained during the public meeting that, under the City's Municipal Code, a Councilmember must announce the reason for their abstention at the time of the vote, and if they fail to do so, the vote is to be recorded as an affirmative vote. Preciado made a motion to rescind Navarro's appointment and the motion was seconded by Councilwoman Andrea Cardenas. After Councilmembers discussed the issue and nine members of the public spoke in favor of Navarro, the Council voted four to one for the motion, with Councilmembers Preciado, Cardenas, Chavez, and Gonzalez voting "YES", and only Mayor McCann voting "NO". Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 251 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Newly appointed Chula Vista council member has suspended business licenses, tax lien. •Alonso Gonzalez is sworn into the Chula Vista City Council on Tuesday after being appointed to represent District 3. •Adriana Heldiz/The San Diego Union-Tribune) Alonso Gonzalez, a real estate broker, also had property repossessed, DUI •BY TAMMY MURGAREPORTER •FEB. 5, 2023 5 AM PT •Alonso Gonzalez, a newly appointed Chula Vista City Council member, has had a string of business, personal and financial hardships that were not disclosed when he applied for the position. •According to public records, Gonzales has an outstanding tax debt, a conviction for driving under the influence and foreclosed property. State records also indicate that the licenses for two businesses in his name are suspended. •The 46-year-old real estate broker took the oath of office this week to fill the District 3 seat, but his background prevented him from receiving a unanimous City Council vote for his appointment. Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 252 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda CHULA VISTA had controversial City Council appointments in recent years. Is it time for a change • •The San Diego Union-Tribune) Alonso Gonzalez, a real estate broker, •also had property repossessed, DUI BY TAMMY MURGAREPORTER FEB. 5, 2023 5 AM PT •District 3 special election and for nominating candidates who, it was later discovered, provided the city with misleading educational background information •on their application and failed to disclose business and financial hardships when applying for the post Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 253 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda CV Council Candidate Lied About Felony Drug Charge By Arturo Castañares Editor-at-Large Author: La Prensa Created: 01 March, 202 A current elementary school board member running for City Council lied about a previous felony drug charge that he falsely downplayed as a misdemeanor, now becoming the second felon running for District 4 Council member. Candidate for CV City Council Misleads as ‘Legal Professional’ Author: La Prensa Created: 10 February, 2024 - 5 min read By Arturo Castañares Editor -at-Large A candidate for the Chula Vista City Council refers to herself as a legal professional and to her legal practice even though she is not a licensed attorney, becoming the second recent candidate to embellish their background in hopes of gaining a political advantage in the county’s second-largest city Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 254 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda - interconnected web LETICIA CANDIDATE FOR DISTRICT 3CESAR CANDIDATE FOR DISTRIC 4 Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 255 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Unethical Business Practices of Democrats in Chula Vista Exposed San Diego News Desk4 weeks ago 03 mins The recent revelation of the unethical business practices of Democrats in Chula Vista has come to light, and it’s not a good look for the party. And City Councilmember Andrea Cardenas showing that corruption is involved with all the Council members. The fact that Democrats in Chula Vista have been engaging in such unethical business practices is truly disappointing, and it raises questions about their commitment to transparency and accountability. It’s crucial that these issues are addressed and resolved promptly to restore the trust of the people of Chula Vista in their elected officials. Written Communications Item 10.1 - Acosta Received 9/9/2024 Page 256 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 257 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Applicant confirmed interest in serving on the Measure P Citizens' Oversight Committee Page 258 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 259 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 260 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 261 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 262 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 263 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 264 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 265 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 266 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 267 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 268 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda Page 269 of 269 City of Chula Vista - City Council September 10, 2024 Post Agenda