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HomeMy WebLinkAbout2024/10/01 Post Agenda Packet Date:Tuesday, October 1, 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 Post Agenda October 1, 2024 Page 2 of 192 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 Measure A Citizens’ Oversight Committee - Mayra Estrada 4.2 Presentation by Veterans Elementary School Regarding the 17th Annual Honor Our Veterans Parade 8 5.CONSENT CALENDAR (Items 5.1 through 5.7) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of 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 5.7. The headings were read, text waived. The motion was carried by the following vote: 5.1 Approve Meeting Minutes 14 5.2 Waive Reading of Text of Resolutions and Ordinances 5.3 Consider Requests for Excused Absences 22 Councilmember Morineau from the September 10, 2024 City Council meeting. 5.4 Unsheltered Policy: Adopt an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property 23 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: Adopt an ordinance as amended to increase references to buffers from 500 feet to 1,000 feet surrounding public and private schools, City parks, emergency/transitional housing facilities, and major transit stops. (Second Reading and Adoption) City of Chula Vista - City Council Post Agenda October 1, 2024 Page 3 of 192 5.5 Conflict of Interest Code: Modify the List of Officials, Candidates, and Designated Employees Required to File Statements of Economic Interests (Form 700) and Their Disclosure Categories, and Amend the Conflict of Interest Code Under CVMC 2.02 81 Report Number: 24-0227 Location: No Specific Geographical Location Department: City Clerk & City Attorney 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 the following resolution and place the ordinance on first reading: A) Resolution modifying the appendix to the Conflict of Interest Code, which lists the officials, candidates, and designated employees who are required to file periodic Statements of Economic Interests (Form 700) and their disclosure categories, and B) Ordinance amending Chula Vista Municipal Code Chapter 2.02 relating to the Conflict of Interest Code (First Reading) 5.6 Agreements: Approve Amendments to Various Legal Services Agreements to Provide On-Call and Other Legal Services 103 Report Number: 24-0258 Location: No specific geographical location Department: City Attorney G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the amendments to the Legal Services Agreements with: 1) McDougal, Boehmer, Foley, Lyon, & Mitchell for a not-to-exceed amount of $150,000; and 2) Lounsbery Ferguson Altona & Peak for a not-to-exceed amount of $360,000. City of Chula Vista - City Council Post Agenda October 1, 2024 Page 4 of 192 5.7 Grant Award and Appropriation: Accept Grant Funds from the California Office of Traffic Safety for the Selective Traffic Enforcement Program and Amend the Fiscal Year 2024-25 Budget to Appropriate Funds Therefor 112 Report Number: 2024-0254 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving a grant agreement between the City and California Office of Traffic Safety, accepting $645,000 in grant funds for the Selective Traffic Enforcement Program, and appropriating $486,478 to the Police Grants Section of the Federal Grants Fund. (4/5 Vote Required) 6.PUBLIC COMMENTS 135 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.PUBLIC HEARINGS 7.1 Proposed Vacation: Approve the Vacation of a Portion of Unnamed Street/Alley of Rosebank Subdivision, Adjacent to 130 First Avenue 149 Report Number: 24-0224 Location: 130 First Avenue Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (“CEQA”) State Guidelines. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution approving the vacation of a portion of unnamed street/alley of Rosebank Subdivision, adjacent to 130 First Avenue. 8.ACTION ITEMS City of Chula Vista - City Council Post Agenda October 1, 2024 Page 5 of 192 8.1 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. 8.2 Measure G: Consider Taking a Position on Initiative Measure G, "Fund San Diego County Transportation, Infrastructure, and Safety Projects Through a Half-Cent Sales Tax" 166 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: Discuss the matter and consider taking a position on Measure G. 9.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 10.CITY MANAGER’S REPORTS 11.MAYOR’S REPORTS 12.COUNCILMEMBERS’ REPORTS 12.1 Deputy Mayor Gonzalez:185 Consider Forming a City Council Subcommittee on Economic Development 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: Consider forming the subcommittee. 13.CITY CLERK'S REPORTS 14.CITY ATTORNEY'S REPORTS 15.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) City of Chula Vista - City Council Post Agenda October 1, 2024 Page 6 of 192 15.1 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Courtney Chase, Sarah Schoen, Tanya Tomlinson, and Marco Verdugo Employee organization/Unrepresented Employee(s): IAFF, MM/PR, MMUC, MMCF, PRUC, PRCF, WCE, CITY MANAGER, EXEC 16.ADJOURNMENT to the regular City Council meeting on October 8, 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 Post Agenda October 1, 2024 Page 7 of 192 17th Annual Veteran’s Day Parade Veterans Elementary School Chula Vista Elementary School District November 1, 2024 Page 8 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Home of the “Heroes” •17th Annual Veterans Day Parade •Parade was founded by Lieutenant Commander Henry Martinez and former principal Dr. Hernandez •The goal of this parade continues to be the same: To honor our Veterans and military families and help our students appreciate and understand the sacrifice that they make 10/2/2024 2 Page 9 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Our Entire Community is Involved! 10/2/2024 3 Page 10 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Here is a Sneak Peak… 10/2/2024 4 Page 11 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 You’re Invited! On behalf of Veterans Elementary School and the Chula Vista Elementary School District, we would be honored to have you walk with us in our 17th Annual Veteran’s Day Parade 10/2/2024 5 Page 12 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 13 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 City of Chula Vista Regular City Council Meeting MINUTES Date: Location: September 17, 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, City Attorney Verdugo, 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 5:01 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Chavez. 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office Board of Appeals and Advisors  Frank Metayer Measure P Citizen's Oversight Committee  Sassan Rahimzdeh  David Clark Parks and Recreation Commission  Jessica Fawver  Michelle Rodriguez Sustainability Commission  David Wu Traffic Safety Commission  Jorge Marroquin Page 14 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 2 Veterans Advisory Commission  Elmer Jimenez  Ricardo Nava City Clerk Bigelow administered the oath of office and Councilmember Morineau presented the certificates of appointment. 4.2 Presentation of a Proclamation Proclaiming Tuesday, September 17, 2024, as Hispanic Veterans' Recognition Day in the City of Chula Vista The proclamation was presented. 4.3 Presentation of a Proclamation Honoring Christian "CJ" Lannon as an Outstanding Member of the City of Chula Vista The proclamation was presented. 5. CONSENT CALENDAR (Items 5.1 through 5.4) The following members of the public spoke regarding various topics related to the consent calendar:  Alan C.  John Acosta, Chula Vista resident Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4. 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: September 10, 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 Improvement District Annual Report: Approve the 2024 Annual Report for the Downtown Chula Vista Property-Based Improvement District Adopt a resolution approving the 2024 Annual Report for the Downtown Chula Vista Property-Based Improvement District. Page 15 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 3 ITEM 5.3 HEADING: RESOLUTION NO. 2024-181 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE 2024 ANNUAL REPORT FOR THE DOWNTOWN CHULA VISTA PROPERTY-BASED IMPROVEMENT DISTRICT 5.4 Agreement: Award Progressive Design-Build Agreement with Erickson Hall Construction Company for the Temporary Fire Station 12 Project (CIP No. GGV0275), Amend the Fiscal Year 2024-25 CIP, Establish a New CIP Project, and Appropriate Funds Adopt a resolution A) awarding a Progressive Design-Build Construction Agreement between the City and Erickson-Hall Construction Company for design and construction of Temporary Fire Station 12; B) amending the fiscal year 2024- 25 Capital Improvement Program (CIP) budget by establishing a new CIP Project, GGV0275 “Temporary Fire Station 12”; and C) appropriating funds for that purpose. (4/5 Vote Required) ITEM 5.4 HEADING: RESOLUTION NO. 2024-182 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PROGRESSIVE DESIGN-BUILD AGREEMENT BETWEEN THE CITY AND ERICKSON-HALL CONSTRUCTION CO. FOR THE DESIGN AND CONSTRUCTION OF TEMPORARY FIRE STATION 12 (CIP NO. GGV0275), AMENDING THE FISCAL YEAR 2024-25 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, GGV0275 “TEMPORARY FIRE STATION 12”, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 6. PUBLIC COMMENTS John Acosta, Chula Vista resident, spoke regarding the oath of office and contacting members of the City Council. Alan C. spoke regarding matters related to homelessness. Jessica Van Arsdale spoke regarding legal proceedings related to Urban Timber. Alan Ridley, Chula Vista resident, spoke regarding traffic safety and noise concerns. Alya Marron submitted written comments requesting additional patrol and improved lighting in the area of Christmas Circle. 7. PUBLIC HEARINGS 7.1 Accessory Dwelling Unit Regulations: Report on Planning Commission’s Recommendation of a Proposed Code Amendment Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Senior Planner Mallec gave a presentation on the item. Mayor McCann opened the public hearing. Page 16 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 4 Michael DeLaRosa, representing the Planning Commission, spoke regarding the item. The following members of the public spoke in opposition to the item:  John Acosta, Chula Vista resident  Alan C. John Smith submitted written comments expressing a neutral position on 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. 2024-183, the text was 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) RESOLUTION NO. 2024-183 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DENYING AN AMENDMENT TO CHULA VISTA MUNICIPAL CODE SECTION 19.58.022(C)(2)(c), PERTAINING TO THE ALLOWABLE NUMBER OF DETACHED ACCESSORY DWELLING UNITS FOR SINGLE-FAMILY DWELLINGS Moved by Councilmember Preciado Seconded by Councilmember Chavez To make a referral to staff to evaluate and potentially pursue a future amendment to CVMC Section 19.58.022 so that it may create the opportunity to have two detached ADUs but in such a manner that does not allow the property owner to extend beyond four units on any single-family parcel. 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) The meeting was recessed at 7:14 p.m. and resumed at 7:34 p.m. 8. ACTION ITEMS 8.1 Consider Items Removed From the Consent Calendar, if Any There were none. Page 17 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 5 8.2 Housing Production: Report on Available Tools for Homeowners to Build Accessory Dwelling Units and Amendment to the Master Fee Schedule to Establish Fees for Permitting ADUs The following members of the public spoke in opposition to the item:  Alan C.  John Acosta Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-184, 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 8.2 HEADING: RESOLUTION NO. 2024-184 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 10-400 OF THE CHULA VISTA MASTER FEE SCHEDULE CREATING A SECTION RELATING TO ACCESSORY DWELLING UNITS AND ESTABLISHING A FEE FOR CITY STANDARD PLAN REVIEW 8.3 Employee Compensation and Budget: Approve the Revised Compensation Schedule that Reflects Elected Officials’ Salaries Pursuant to the City Charter and Budget Amendment Human Resources Director Tomlinson announced that approval of the item would affect executive compensation. The following members of the public spoke in opposition to the item:  Alan C.  Jenne Fredrickson Moved by Councilmember Preciado Seconded by Councilmember Morineau To adopt Resolution Nos. 2024-185 and 2024-186, 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) ITEM 8.3 HEADINGS: A) RESOLUTION NO. 2024-185 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-25 COMPENSATION SCHEDULE EFFECTIVE SEPTEMBER 20, 2024, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 Page 18 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 6 B) RESOLUTION NO. 2024-186 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2024- 25 BUDGET AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 8.4 Unsheltered Policy: Consider an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property Director of Housing and Homeless Services Kurz, Homeless Services Manager Davis and Lieutenant Pinedo gave a presentation on the item. The following members of the public spoke in support of the item:  Alan C.  Sandra Hodge, Chula Vista resident  John Fischer  Salvador Vivero  Roberto Ramirez, Chula Vista resident  Carolina Ramirez, Chula Vista resident The following members of the public spoke in opposition to the item:  John Acosta, Chula Vista resident  Jenne Fredrickson, Chula Vista resident  Silvia Irigoyen Adame, Chula Vista resident  Sebastian Martinez  Katie Leon, Chula Vista resident  Christine Brady, Chula Vista resident Tony Saldana spoke regarding receiving assistance. Sebastian Martinez submitted written comments in opposition to the item. Moved by Mayor McCann Seconded by Councilmember Morineau To place the ordinance on first reading, as amended to increase references to buffers from 500 feet to 1,000 feet surrounding public and private schools, City parks, emergency/transitional housing facilities, and major transit stops. 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 8.4 HEADING: 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 Page 19 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 7 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. 12. COUNCILMEMBERS’ REPORTS Councilmembers reported on attendance at recent events and made community announcements. At the request of Deputy Mayor Gonzalez, there was a consensus of the City Council to add an item to the September 24, 2024 agenda to consider establishing a City Council subcommittee on economic development. At the request of Councilmember Chavez, there was a consensus of the City Council to direct staff to assess how City residents are affected by pollutants related to the Tijuana River Sewage Crisis and explore funding resources for air filters. At the request of Mayor McCann, there was a consensus of the City Council to add an item to the September 24, 2024 agenda to consider taking a position on Initiative Measure G, "Fund San Diego County Transportation, Infrastructure, and Safety Projects through a half-cent sales tax." 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. City Attorney Verdugo announced that the City Council would convene in closed session to discuss the items listed below. Alan C. spoke regarding Closed Session Item 15.1 regarding Chula Vista Cannabis. Mayor McCann recessed the meeting at 10:05 p.m. The City Council convened in closed session at 10:11 p.m., with all members present. 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1): Name of case: A) Eric Crockett v City of Chula Vista, et al., San Diego Superior Court, Case No. 37-2024-00012828-CU-OE-CTL; and Page 20 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 2024-09-17 Regular City Council Meeting Minutes Page 8 Action: No Reportable Action B) City of Chula Vista v Slade Fischer, et al., San Diego Superior Court, Case No. 24CU006375C Action: No Reportable Action C) Chula Vista Cannabis Village, Inc. v. City of Chula Vista, San Diego Superior Court Case No. 37-2020-00041802-CU-MC-CTL Action: No Reportable Action 16. ADJOURNMENT The meeting was adjourned at 10:21 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 21 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Chula Vista City Hall ・276 4th Avenue ・Chula Vista ・CA 91910・rmorineau@chulavistaca.gov MEMORANDUM DATE: September 10, 2024 TO: Mayor and Councilmembers CC: City Manager, City Clerk, City Attorney FROM: Rachel Morineau, Councilmember, District 4 SUBJECT: Request for Excused Absence Dear Mayor and Councilmembers, Please excuse my absence from the scheduled City Council meeting on September 10, 2024. I was unable to attend this meeting due to a recent COVID-19 positive diagnosis. Given the current health situation and to prioritize public safety, I needed to follow appropriate isolation protocols. Sincerely, Rachel Morineau | Councilmember City of Chula Vista | City Hall 276 Fourth Avenue | Chula Vista | CA | 91910 (T) 619.585.5713 | rmorineau@chulavistaca.gov Page 22 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 v . 0 03 P a g e | 1 October 1, 2024 ITEM TITLE Unsheltered Policy: Adopt an Ordinance to Restrict Campsites and Sitting, Lying, Sleeping, or Storage on Specified Public Property 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 Adopt an ordinance adding Division XII, “Preservation of Public Property,” and Chapter 9.90, “Campsites and Other Obstructions on Public Property,” to the Chula Vista Municipal Code. (Second Reading and Adoption) Summary This ordinance was placed on first reading on September 17, 2024. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=44881 At the first reading Council amended section 9.90.040(A) to increase the buffer area around schools, City Parks, Major Transit Stops, and City designated shelter, safe camping or safe parking in subsections (1), (2), (4), and (5) from five hundred feet to one thousand feet. Attachment 1 provides a redline of the resulting ordinance and Attachment 2 provides an updated map of the areas that would prohibit any person from maintaining or occupying a Campsite in or upon public property, including the one thousand feet buffer area. 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. ATTACHMENTS Page 23 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 2 1. Redline of Chula Vista Municipal Code Chapter 9.90 Amendments 2. Revised Map of Areas Campsites are Prohibited Page 24 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 SECOND READING AND ADOPTION C:\Program Files\eSCRIBE\TEMP\14243495040\14243495040,,,Second Reading 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 25 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 26 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 27 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 4 A. No person may maintain or occupy a Campsite in or upon public property within the following locations: 1. One thousand feet of a public or private school providing instruction in grades 1 to 12, inclusive. 2. A City Park and the area within one thousand 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 one thousand 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 one thousand 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 28 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 29 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 ATTACHMENT 1 C:\Program Files\eSCRIBE\TEMP\14243598178\14243598178,,,Attachment 1 - Redline of Chula Vista Municipal Code Chapter 9.90 Amendments.docxH:\Attorney\Ordinance-Standard-5-25-12.doc 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. 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. Page 30 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 2 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 interferes 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. A. No person may maintain or occupy a Campsite in or upon public property within the following locations: 1. Five hundredOne thousand feet of a public or private school providing instruction in grades 1 to 12, inclusive. 2. A City Park and the area within five hundredone thousand 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 hundredone thousand 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 hundredone thousand 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. Page 31 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 3 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 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. Page 32 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 905 54 125 54 5 805 Environmental Systems Research Institute, Inc. (ESRI), U.S. Geological Survey (USGS) EROS Data Center, U.S. Geological Survey - U.S. Board on Geographic Names (BGN), National Geospatial Intelligence Agency (NGA), NAVTEQ (Navstreets), MDA Information Systems (USGS, NASA), Oregon Metro CITY OF CHULA VISTA Folder: P:\Projects\GIS\Housing and Homeless\Date: 9/18/2024 10:58 AM MAP NOTE: This map is intended for study only and should not be used for any other purpose. Information on this map is also subject to change (or revision) periodically. The City of Chula Vista does not guarantee the accuracy of information contained on this map and cautions against the use of this data in making land use decisions. LEGEND Schools Transit Stops Trolley & BRT Parks City Emergency Housing Facility MSCP Preserve Land 1000ft School Buffer 1000t Transit Stops Trolley & BRT Buffer 1000ft Park Buffer 1000FT City Emergency Housing Facility Buffer VICINITY MAP [0 1800 3600 Feet Page 33 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications Manahan – Received 9/11/2024 From: Liz Wilson Manahan < Sent: Wednesday, September 11, 2024 10:57 AM To: CityClerk <CityClerk@chulavistaca.gov> Subject: Comments Regarding Item 7.2 from 9/10 City Council Meeting To Whom It May Concern, The business item number 7.2, about the camping ban, from last night's meeting was postponed from the meeting on the 10th to the meeting on the 17th. I will not be able to attend the meeting on the 17th, so I would like to submit comment for public comment for the meeting on the 17th. My comments are as follows. Imagine if you will, you are unhoused for a variety of reason, there are resources, but they are difficult to navigate and there are not enough. Then the one safe place you lay your head at the end of the night to sleep uncomfortably is now off limits because of a camping ban. Now your things and your person will be moved some place else. You are still not housed and now you are displaced. Here is what we know: the homeless population is increasing in our city. We have a housing crisis. It is not going to get better quickly. The city is working hard with all their resources to help this population, but there are not enough resources. The governor will not give municipalities that do not have a camping ban in place resources form the state for housing and homelessness services. We know that camping bans do not solve homelessness, but they move populations around. This helps neither the unhoused person or the community. While I know the camping ban will pass through the city council, because of government funding, what I would implore the Council as well as the Housing and Homelessness committee is to continue to solve the problem of homelessness by finding more ways tooffer those who are unhoused wrap around services. I implore the council to continue to work on ways for those who are on the fringes, the working poor, who are one to two paychecks away from being homeless, to educate people on how to get help and resources. We need more shelters in our community. The South Bay does not have enough resources to help all who are unhoused or on the verge of being unhoused. We need more. The issue of homelessness in our community is not a us and them problem, it is a human problem, where all people should have a safe place to lay their heads.” Peace, Liz Wilson Manahan Pastor Chula Vista Presbyterian Church Page 34 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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) Written Communications - Item 8. Acosta - Received 9/16/2024 Page 35 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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. Written Communications - Item 8. Acosta - Received 9/16/2024 Page 36 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 From: alan mil Sent: Friday, September 27, 2024 2:52 PM Subject: Chula Vista Camping Ban ONLY GOVERNMENT LAND - IGNORES WILDLIFE REFUGE - ENDANGERS COMMUNITY 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 COPY TO NEWS MAYORS CITY COUNCILS SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS @CHULA VISTA CITY CLERK - Please place Email and PowerPoint Attachment into public record AGENDA 5.4 TUESDAY OCTOBER 1 2025 MEETING. Good Afternoon, EVERY RLECTED REP CAMPING BAN IGNORES OUR NIEGHBORHOODS SAN DIEGO CAMPING BAN ONLY CITY PROPERTY NATIONAL CITY CAMPING BAN ONLY CITY PROPERTY CHULA VISTA CAMPING BAN ONLY CITY PROPERTY CHULA VISTA CITY ATTORNEY CONFIRMED SUPREME COURT RULING ALLOWS ENTIRE CITY BAN CHULA VISTA CITY MEETING 5PM TUESDAY OCT 1 2024 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 37 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 AGENDA 5.4 CAMPING BAN ONLY ON PUBLIC LAND https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=96d6c67c-c9a7-41a0-b15f- 3a26a1bf14a3&Agenda=Agenda&lang=English SEE ATTACHED POWERPOINT AND PDF POWERPOINT SLIDE 1 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 38 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 CONTACT CHULA VISTA MAYOR CITY COUNCIL REPS John McCaan jmccann@chulavistaca.gov Jose Preciado jpreciado@chulavistaca.gov Carolina Chavez cchavez@chulavistaca.gov Alonzo Gozalez agonzalez@chulavistaca.gov Rachel Morineau district4@chulavistaca.gov Written Communications - Item 5.4 Curry - Received 9/27/24 Page 39 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 https://www.chulavistaca.gov/departments/mayor-council GOVERNOR GAVIN NEWSOM EXECUTIVE ORDER BACKS SUPREME COURT RULING "Governor Newsom today issued an executive order directing state agencies to urgently address homeless encampments while respecting the dignity and safety of Californians experiencing homelessness. The Governor’s order, which follows the Supreme Court’s decision in Grants Pass, also urges local governments to use substantial funding provided by the state to take similar action. This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them And provides guidance for cities and counties to do the same. The state has been hard at work to address this crisis on our streets. There are simply no more excuses. It’s time for everyone to do their part." https://www.gov.ca.gov/2024/07/25/governor-newsom-orders-state-agencies-to-address- encampments-in-their-communities-with-urgency-and-dignity/ Supreme Court Grants Pass Ruling Enforce Law No Encroachment Any Property https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf POWERPOINT SLIDE 2 59 BROADWAY BEST BUY WALMART ENTRANCE Written Communications - Item 5.4 Curry - Received 9/27/24 Page 40 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 "CITY BOASTED REMOVING 3 MILLION POUNDS TRASH AND 5,000 SHOPPING CARTS" WHERE ARE THE ARRESTS DRUG USE IN THE STREET THEFT OF SHOPPING CARTS DESTRUCTION OF PROPERTY? POWERPOINT SLIDES 3-5 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 41 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 WHILE CHULA VISTA SPENDS MILLIONS ON CLIMATE SUCH AS TAX FUNDED SHUTTLES DRUG TENTS ENVIROMENTAL DISASTER WILDLIFE REFUGE ENDANGER ALL OUR NIEGHBORHOODS "Chula Vista Community Shuttle is funded by the Clean Mobility Options Pilot Program (CMO) and part of California Climate Investments (CCI), a statewide initiative that puts billions of Cap -and- Trade dollars to work reducing greenhouse gas emissions, stren gthening the economy, and improving public health and the environment." https://www.chulavistaca.gov/departments/clean/residents/communityshuttle POWERPOINT SLIDES 6-7 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 42 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 CAMPING BAN ONLY GOVERNMENT LAND SAN DIEGO CAMPING BAN FAIL PROTECT COMMUNITIES WALK DOWN MARKET STREET DRUG TENTS EVERYWHERE "East village is a war zone for women. I pepper sprayed him to get him off of me.” https://www.nbcsandiego.com/news/local/victims-of-random-attacks-by-homeless-want- city-police-to -do -more/2658422/ POWERPOINT SLIDE 8 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 43 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Supreme Court Grants Pass Ruling Enforce Law No Encroachment Any Property Does Not Require City To Provide Homeless Shelter https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf CITIES CAN STEP UP QUICK SOLUTION UTILIZE ABANDONED BUILDINGS COST EFFECTIVE HAS HVAC - RESTROOMS - RUNNING WATER - ELECTRICITY 644 NAPLES STREET CHULA VISTA 300 BEDS ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER "The abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxford Street at Harborside. This will Immediate Remove safety risk of Homeless Drug Tents next to Harborside Elementary School and Harborside park for the safety of all community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. A PERMANENT BUILDING FOR CONTINUAL SERVICE ANY NEW HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO TINY HOMES. DETOX AND A JOB FOR IMMEDIATE SENSE SELF WORTH BREAK HOMELESS CYCLE (NOT JOB TRAINING THAT JUST DELAYS WORKING). A JOB FOR INDIVIDUALS PAYING THEIR OWN RENT IN PERMANENT HOUSING." POWERPOINT SLIDE 9 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 44 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications - Item 5.4 Curry - Received 9/27/24 Page 45 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 -- Couple great links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry https://ballotpedia.org/Elections https://vote.gov/ Written Communications - Item 5.4 Curry - Received 9/27/24 Page 46 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE "SAFE NEIGHBORHOODS AND SCHOOLS ACT" CHANGED FELONY TO MISDEMEANOR NO JAIL $950 THEFT NO JAIL ENCOURAGE DRUG ABUSE CHARTS AND GRAPHS https://growsf.org/blog/prop -47/ https://ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Tre atment-Mandated_Felonies_Initiative_(2024) Written Communications - Item 5.4 Curry - Received 9/27/24 Page 47 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 48 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 49 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 50 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 51 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 52 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 53 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 54 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 55 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 56 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 v . 0 0 4 P a g e | 1 September 17, 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 57 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 58 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 59 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 60 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 61 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 62 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 63 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 64 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 65 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 66 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 From: alan mil Sent: Monday, September 30, 2024 6:04 AM Subject: Re: Chula Vista Camping Ban ONLY GOVERNMENT LAND - IGNORES WILDLIFE REFUGE - ENDANGERS COMMUNITY 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 COPY TO NEWS MAYORS CITY COUNCILS SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS BCC TO COMMUNITY FED UP DRUG TENTS OUR NEIGHBORHOODS @CHULA VISTA CITY CLERK - Please ADD this Email along with my previous email and PowerPoint into public record AGENDA 5.4 TUESDAY OCTOBER 1 2025 MEETING. A FOLLOW UP EMAIL WITH MORE LINKS CAMPING BAN CITY LAND ON CONSENT NO DISCUSSION ON IMPORTANT ITEM! Good Morning, EVERY ELECTED REP CAMPING BAN IGNORES OUR NEIGHBORHOODS SAN DIEGO CAMPING BAN ONLY CITY PROPERTY NATIONAL CITY CAMPING BAN ONLY CITY PROPERTY Written Communications - Item 5.4 Curry - Received 9/30/24 Page 67 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 CHULA VISTA CAMPING BAN VOTE ONLY CITY PROPERTY CHULA VISTA CITY ATTORNEY CONFIRMED SUPREME COURT RULING ALLOWS ENTIRE CITY BAN EVERY CITY BASIC #1 DUTY PROTECT LIFE AND PROPERTY EQUAL PROTECTION UNDER THE LAW FAIL IF ONLY CITY PROPERTY CAMPING BAN PRIVATE PROPERTY NOT EQUALLY PROTECTED " (1) A specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution. A person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws." https://ballotpedia.org/Article_I,_California_Constitution LAYMAN'S TERM FROM WIKI: 14th AMENDMENT U.S. CONSTITUTION "The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State deny to any person within its jurisdiction the equal protection of the laws." It mandates that individuals in similar situations be treated equally by the law." https://en.wikipedia.org/wiki/Equal_Protection_Clause Written Communications - Item 5.4 Curry - Received 9/30/24 Page 68 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 CHULA VISTA CITY MEETING 5PM TUESDAY OCT 1 2024 FINAL VOTE AGENDA 5.4 CAMPING BAN ONLY ON PUBLIC LAND https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=96d6c67c-c9a7-41a0-b15f- 3a26a1bf14a3&Agenda=Agenda&lang=English Written Communications - Item 5.4 Curry - Received 9/30/24 Page 69 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 CHULA VISTA RECEIVES $10 MILLION GRANT IMPROVE ENVIRONMENT OF MULTI FAMILY INDUSTRIAL BUILDINGS USE THE FUNDS TO CONVERT ABANDONED PROPERTIES IMPROVE ENERGY EFFICIENCY CONVERT HOMELESS SHELTER THE GRANT CAN BE USED CONVERT WITH ENERGY IMPROVEMENT ABANDON TRI-CARE BUILDING INTO BED SHELTER 646 NAPLES ST EMPTY BUILDING https://www.yelp.com/biz/tricare-outpatient-clinic-chula-vista-chula-vista Written Communications - Item 5.4 Curry - Received 9/30/24 Page 70 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Chula Vista Receives $10 Million Energy Grant "The City of Chula Vista has been awarded a $10 million grant from the U.S. Department of Energy to help owners of multifamily, commercial, and industrial buildings improve energy efficiency and reduce greenhouse gases." https://www.chulavistaca.gov/Home/Components/News/News/3818/8786 "The U.S. Department of Energy awards The City of Chula Vista an energy grant of $10 million to help improve energy efficiency and decrease greenhouse gases. The City of Chula Vista is the only local government in Southern California to earn the energy grant. The funding will address the development of educational toolkits and other resources to help building owners with low -to -no- cost upgrades. “Chula Vista has long been a leader in the climate planning world, developing the first Climate Action Plan in the region in 2000,” said City Manager Maria V. Kachadoorian. “With this funding, we can do even more to improve our environment by increasing energy efficiency in our largest buildings.” Moreover, the grant will be distributed over the next nine years to improve the performance of Chula Vista’s 750 multifamily, commercial, and industrial buildings 20,000 square feet or larger. There are older multifamily buildings in the city that were not built with the proper insulation or air conditioning, which has led m any occupants to experience being exposed to extreme heat over the years and potentially living through public health threats. “Ultimately, this will also improve our building stock so that over time people who want to buy or lease will look for more energy efficient buildings,” said Chula Vista Environmental Sustainability Manager Coleen Wisniewski, overseeing the grant. " https://www.chulavistatoday.com/community/chula-vista-receives-10-million-energy-grant/ Written Communications - Item 5.4 Curry - Received 9/30/24 Page 71 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 -- Couple great links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry https://ballotpedia.org/Elections Written Communications - Item 5.4 Curry - Received 9/30/24 Page 72 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 https://vote.gov/ REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE "SAFE NEIGHBORHOODS AND SCHOOLS ACT" CHANGED FELONY TO MISDEMEANOR NO JAIL $950 THEFT NO JAIL ENCOURAGE DRUG ABUSE CHARTS AND GRAPHS https://growsf.org/blog/prop -47/ https://ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Tre atment-Mandated_Felonies_Initiative_(2024) Written Communications - Item 5.4 Curry - Received 9/30/24 Page 73 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Sent: Friday, September 27, 2024 5:44 PM Subject: UNSHELTERED POLICY: ADOPT AN ORDINANCE to RESTRICT CAMPSITES (Please include with docs. for agenda #5.4) WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Good Morning Mayor, Councilmembers, I looked at the encampment ban ordinance. It has a number of defects: As a resident of Bonita, I am concerned about the Homeless being driven into Bonita, East Chula Vista, and beyond. 1. The ordinance applies only to public property, which is mostly in West Chula Vista. East Chula Vista has alot of private malls, etc., which may enforce the ban more inhumanely, creating a potentially more explosive situation, or the opposite - allow encampments to 'take over' and drive away the rest of the public. 2. The ordinance prohibits any personal property from being in a prescribed public place. Does this apply to a dropped business or credit card? A gum wrapper accidentally blown out of a trash bin? 3. The ordinance prohibits camping at major transit stops, but what about minor stops, such as in Bonita or East Chula Vista? Will we see more homeless people here? 4. The ordinance permits the police to haul off personal and other property. To where? The ordinance does not have the location of storage facilities. One man's trash is another's treasure. It can't be simply thrown away. Without further definition, this may raise legal issues. 5. Lastly, the document on the web is unapproved by both the City Attorney and the Housing and Homeless Services Director. I don't know if this is an oversight or if they agree that the ordinance is poorly written. Written Communications - Item 5.4 Henkin - Received 9/30/24 Page 74 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 But most of all, we are dealing with people, people who do not deserve to be homless, like veterans or low-income who cannot afford the often-extortionate local rent. Most of these are people who can contribute something positive to society. And the rest need help and hopefully recovery. We cannot just push them from place to place, leaving a trail of broken people and property along the way. The homeless population is increasing in our city and mostly outside of San Diego, which began to push out the homeless, and not try to rehabilitate. We have a housing crisis as well. People can't afford to live here. It is not going to get better quickly, especially if people like the Supervisors, SANDAG, or San Diego keep on 'studying' or ignoring the problem while feeding those who caused it (sorry for the digression.) Chula Vista, like the smaller cities, is working hard with all its more limited resources to help this population, but there are not enough resources. The governor will not give municipalities that do not have a camping ban in place resources from the State for housing and homelessness services. In fact, because of prior spending sprees, the State is not in a position to do so. We know that camping bans do not solve homelessness, but they move populations around. This helps neither the unhoused person or the community, or surrounding areas. It also increases wildfire risk, insurance premiums, litter blocking or polluting probably waterways, and so on. The camping ban will probably pass through the city council, because of government funding now (for how long is an open question.) But what I would ask the Council as well as the Housing and Homelessness Committee is to continue to solve the problem of homelessness by finding more ways to offer those who are unhoused comprehensive wrap around services. Please continue to work on ways for those who are on the fringes, the working poor, who are one to two paychecks away from being homeless, to educate people on how to get help and resources. Better yet, provide these in one place so that the homeless don't spend all day looking and spend more time being productive. We need more shelters in our community. The South Bay does not have enough resources to help all who are unhoused or on the verge of being unhoused. We need more. The issue of homelessness in our community is not a us vs. them problem, it is a human problem, where all people should have a safe place to lay their heads (among other basic rights.) You need to look at the big picture, more than just complying with a Supreme Court Decision. It sets up a tipping point, a bare minimum. You need to go above and beyond. Written Communications - Item 5.4 Henkin - Received 9/30/24 Page 75 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 The ordinance disregards a large portion of the City, and should be rejected. Regards, Paul Henkin Written Communications - Item 5.4 Henkin - Received 9/30/24 Page 76 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 5.4 Henkin #2 – Received 9/30/24 Sent: Monday, September 30, 2024 10:28 AM Subject: CHULA VISTA CAMPING ORDINANCE DEFECTIVE (Please include with docs. for agenda item 5.4) 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 Hi Mayor, Councilmembers, The proposed camping ordinance has some big fiaws. It prohibits camping activities in public places (only) for which the City has issued a permit. So the permittee pays his $100, 500, or more to run a business but can't have free access to it if part of it is in a private alleyway? What is a permit for? 9.90.030 Sitting, Lying, Sleeping, or Storage at Specified Locations on Public Property Prohibited... 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 interferes with the use of the right of way for any activity for which the City has issued a permit. This is bound to be challenged and cost taxpayer dollars. I suggest the addition of "on Public Property or areas where a permit has been issued by the City or other public authority." Another very unfortunate thing in the proposed ordinance is that in prohibits camping activity on public land but then contains areas which are bound to be private. This will create confusion, when the city tries to enforce the ban and someone says 'no, this is private,' and will allow campsites within 1000 feet of schools and transit stops if the land is private, which negates the intent of the ordinance. When the ordinance says 9.90.040 Campsites at Specified Locations on Public Property Prohibited. A. No person may maintain or occupy a Campsite in or upon public property within the following locations: 1. One thousand feet of a public or private school providing instruction in Page 77 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 5.4 Henkin #2 – Received 9/30/24 grades 1 to 12, inclusive. 2. A City Park and the area within one thousand feet of a City Park. 3. Any MSCP land...4. A Major Transit Stop and the area within one thousand feet of a Major Transit Stop, it is bound to be challenged and cost taxpayer dollars. I suggest that you change "public property" to "public property or the adjacent specifled areas." As Alan pointed out below, THE SUPREME COURT RULING ALLOWS A BAN IN THE ENTIRE CITY. Pushing the homeless problem onto private lands is a cop --out which just won't work. Please make these changes to the ordinance. Regards, Paul Henkin -----Forwarded Message----- From: alan mil Sent: Sep 30, 2024 6:04 AM Subject: Re: Chula Vista Camping Ban ONLY GOVERNMENT LAND - IGNORES WILDLIFE REFUGE - ENDANGERS COMMUNITY COPY TO NEWS MAYORS CITY COUNCILS SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS BCC TO COMMUNITY FED UP DRUG TENTS OUR NEIGHBORHOODS Page 78 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 5.4 Henkin #2 – Received 9/30/24 @CHULA VISTA CITY CLERK - Please ADD this Email along with my previous email and PowerPoint into public record AGENDA 5.4 TUESDAY OCTOBER 1 2025 MEETING. A FOLLOW UP EMAIL WITH MORE LINKS CAMPING BAN CITY LAND ON CONSENT NO DISCUSSION ON IMPORTANT ITEM! Good Morning, EVERY ELECTED REP CAMPING BAN IGNORES OUR NEIGHBORHOODS SAN DIEGO CAMPING BAN ONLY CITY PROPERTY NATIONAL CITY CAMPING BAN ONLY CITY PROPERTY CHULA VISTA CAMPING BAN VOTE ONLY CITY PROPERTY CHULA VISTA CITY ATTORNEY CONFIRMED SUPREME COURT RULING ALLOWS ENTIRE CITY BAN EVERY CITY BASIC #1 DUTY PROTECT LIFE AND PROPERTY EQUAL PROTECTION UNDER THE LAW FAIL IF ONLY CITY PROPERTY CAMPING BAN PRIVATE PROPERTY NOT EQUALLY PROTECTED " (1) A specific violation by such party that would also constitute a violation of the Equal Protection Clause of the 14th Amendment to the United States Constitution. A person may not be deprived of life, liberty, or property without due process of law, or denied equal protection of the laws." https://ballotpedia.org/Article_I,_California_Constitution LAYMAN'S TERM FROM WIKI: 14th AMENDMENT U.S. CONSTITUTION "The Equal Protection Clause is part of the first section of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State deny to any person within its jurisdiction the equal protection of the laws." It mandates that Page 79 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 5.4 Henkin #2 – Received 9/30/24 individuals in similar situations be treated equally by the law." https://en.wikipedia.org/wiki/Equal_Protection_Clause Page 80 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 1 October 1, 2024 ITEM TITLE Conflict of Interest Code: Modify the List of Officials, Candidates, and Designated Employees Required to File Statements of Economic Interests (Form 700) and Their Disclosure Categories, and Amend the Conflict of Interest Code Under CVMC 2.02 Report Number: 24-0227 Location: No Specific Geographical Location Department: City Clerk & City Attorney 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 the following resolution and place the ordinance on first reading: A) Resolution modifying the appendix to the Conflict of Interest Code, which lists the officials, candidates, and designated employees who are required to file periodic Statements of Economic Interests (Form 700) and their disclosure categories, and B) Ordinance amending Chula Vista Municipal Code Chapter 2.02 relating to the Conflict of Interest Code (First Reading) SUMMARY The Political Reform Act requires every local agency to periodically review its Conflict of Interest (COI) Code to determine whether amendments are needed. The proposed resolution adopts an amended appendix to the City’s COI Code, updating the list of designated filers who are required to file a Form 700 (Statement of Economic Interest) and the categories under which each filer is required to file. The proposed ordinance makes minor modifications to the City’s COI Code to clarify terms used throughout the COI Code. Page 81 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 2 ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background On March 21, 2000, the Council adopted Ordinance No. 2807, adopting by reference the standardized Conflict of Interest Code contained in Title 2 of the California Code of Regulations, Section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission (FPPC). The ordinance requires that the Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file. General Designated Filers Updates The City Clerk and the City Attorney have reviewed the COI Code in conformance with Political Reform Act requirements. Each department director provided input regarding the level of decision-making authority employees have in their respective departments. With that input and various title changes that have occurred since the last update, it has been determined that the appendix to the Code requires amendments. Several vacant and unfunded positions were not deleted because they remain on the City’s classification plan and should be designated to file Statements of Economic Interests. Adopting the proposed resolution amends the appendix to the local Conflict of Interest Code accordingly. The resolution also specifies that all employees designated as filers under the City’s COI Code are “designated employees” for purposes of AB 1234 and, as such, must participate in mandatory ethics training. Addition of Chula Vista Bayfront Facilities Financing Authority as Designated Filers The City and San Diego Unified Port Districts entered into a Joint Exercise of Powers Agreement in 2014, creating the Chula Vista Bayfront Facilities Financing Authority (CVBFFA). The CVBFFA adopted Resolution No. 2019-001, adopting the City’s Conflict of Interest Code as its code for members of the board appointed by the City. The proposed resolution updating the City’s list of Designated Filers has added the City-appointed members of the CVBFFA. This will enable those filers to potentially file expanded Statements of Economic Interest (Form 700) electronically, providing better transparency and reducing administrative costs. Page 82 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 3 Conflict of Interest Code Category Updates In addition to reviewing the list of filers, the City Clerk and City Attorney also reviewed the City’s COI Code and disclosure categories provided for in Chula Vista Municipal Code (CVMC) Chapter 2.02 and recommend amendments to the definitions provided to clarify terms used in the adopted disclosure categories. Adoption of the resolution and placement of the ordinance on first reading will update the list of designated Form 700 filers and clarify definitions used in the City’s adopted Conflict of Interest Code. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Adoption of the resolution and ordinance has no current-year General Fund fiscal impact. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Modified list of designated filers 2. Redline version of recommended changes to the CVMC Staff Contact: Kerry K. Bigelow, MMC, City Clerk Page 83 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MODIFYING THE APPENDIX TO THE LOCAL CONFLICT OF INTEREST CODE TO AMEND THE LIST OF DESIGNATED FILERS, AND ASSOCIATED DISCLOSURE CATEGORIES WHEREAS, the Political Reform Act (California Government Code sections 87100 through 91014) requires certain officials and candidates to file Statements of Economic Interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission; and WHEREAS, the ordinance requires that the City Council set forth by resolution the officials and designated employees who are required to file statements of economic interests and the disclosure categories under which each such official and designated employee shall file; and WHEREAS, the Political Reform Act requires every local agency to review its Conflict of Interest Code periodically to determine if amendments are necessary; and WHEREAS, the City Attorney and the City Clerk have reviewed the Code and its appendix, consulted with Department Directors, and determined that amendments to the appendix of the Code are necessary; and WHEREAS, the City Council desires that all City employees who are required to file the Form 700 under the City’s Conflict of Interest Code be designated as Local Agency Officials, as defined in Government Code §53234(c)(2), thereby requiring them to participate in the ethics training mandated by AB 1234; and WHEREAS, the City and San Diego Unified Port Districts entered into a Joint Exercise of Powers Agreement in 2014, creating the Chula Vista Bayfront Facilities Financing Authority (CVBFFA); and WHEREAS, the CVBFFA adopted Resolution 2019-001, adopting the City’s Conflict of Interest Code as its code with respect to members of the board appointed by the City; and WHEREAS, the City Council desires to add the City-appointed members of the CVBFFA to the list of officials, candidates, and designated employees (“designated filers”) of the City of Chula Vista who are required to file periodic statements of economic interests; and Page 84 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 2 WHEREAS, the list of officials, candidates, and designated employees (“designated filers”) of the City of Chula Vista who are required to file periodic statements of economic interests, and the disclosure categories under which each such official, candidate, or designated employee is required to file, was presented to the City Council and is attached hereto as Exhibit 1 and made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby modifies the appendix to the local Conflict of Interest Code to amend the list of designated filers and associated disclosure categories, in the form presented and as reflected in Exhibit 1 to this resolution, 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. Presented by Approved as to form by Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney Page 85 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 C:\Program Files\eSCRIBE\TEMP\12233157186\12233157186,,,Ordinance - Conflict of Interest Code.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 2.02 RELATING TO THE CONFLICT OF INTEREST CODE OF THE CITY OF CHULA VISTA WHEREAS, the Political Reform Act (California Government Code sections 87100 through 91014), requires certain officials and candidate to file Statements of Economic Interests (Form 700) and requires local government agencies to adopt and promulgate conflict of interest codes; and WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the standardized conflict of interest code contained in Title 2 of the California Code of Regulations, Section 18730, and any amendments thereto that are adopted by the Fair Political Practices Commission; and WHEREAS, the Political Reform Act requires every local agency to periodically review its Conflict of Interest Code to determine if amendments are necessary; and WHEREAS, the City Attorney and the City Clerk have reviewed the City’s Conflict of Interest Code (Chula Vista Municipal Code Chapter 2.02) and determined that amendments to the Code are necessary. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code Chapter 2.02 is amended to read as follows: [Sections 2.02.010 and 2.02.020 remain unchanged] 2.02.025 Definitions. A. Political Reform Act–Defined Terms. Words and phrases used in this chapter are in the language of the Political Reform Act (California Government Code Title 9, Sections 81000 through 91014) (the “PRA”). Whenever any words or phrases used in this chapter are defined in the PRA, the definitions of the PRA, as may be amended from time to time, shall apply to those words and phrases. Such definitions are incorporated in this chapter by this reference and shall apply to the words and phrases used in this chapter, as though set forth in full, unless the context clearly indicates a contrary intention. The following words and phrases are defined in the PRA. For ease of reference, summaries of the PRA definitions, and references to the specific code sections containing the full definitions, are provided below. However, the following definitions and summaries are intended for reference purposes only, and do not replace the definitions contained in the PRA, which shall be controlling in interpreting this chapter. Page 86 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 2 “Business Entity” means any organization or enterprise operated for profit, including, but not limited to, a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or association (see California Government Code Section 82005). “Gift” means any payment that confers a personal benefit on the recipient, including a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Gifts from a source outside the City’s Jurisdiction are not required to be reported if the purpose of disclosure of the source of the gift does not have some connection with or bearing upon the functions or duties of the position for which the reporting is required (see California Government Code Section 82028 for a full definition of “gift”; see also Fair Political Practices Commission regulation 18730.1). “Income” includes gifts, loans and travel payments; other than gifts, it does not include income from any source outside the Jurisdiction of the City and not doing business within the Jurisdiction, not planning to do business within the Jurisdiction, or not having done business within the Jurisdiction during the two years prior to the time the statement of economic interests is required to be filed (see California Government Code Section 82030 for a complete definition of “Income”). “Interest in Real Property” includes any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property located in the Jurisdiction, owned directly, indirectly or beneficially by the filer, or his or her immediate family if the fair market value of the interest is $2,000 or more (see California Government Code Section 82033 for a full definition of “Interest in Real Property”). “Investment” is limited to interests in Businesses Entities that have property in the City, do business in, plan to do business in, or have done business within the last two years in the City (see California Government Code Section 82034). “Jurisdiction” means the City of Chula Vista and any other geographical area in which the City has jurisdiction. Real property is “within the Jurisdiction” of the City if it is within, or not more than two miles outside the boundaries of, the City, or within two miles of any land owned or used by the City (see California Government Code Section 82035 for a complete definition of “Jurisdiction”). B. City-Defined Terms. “City,” as used in this Chapter, means the City of Chula Vista for officials, designated employees, and consultants of the City of Chula Vista; and means the Chula Vista Bayfront for officials, designated employees, and consultants of the Chula Vista Bayfront Facilities Financing Authority. “City Goods and Services” means leased facilities, goods, equipment, vehicles, machinery, or services (including training or consulting services) of the type used by the City. Page 87 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 3 “Departmental Authority” means the regulatory, permitting, or licensing authority of the City department in which you work, the Board, Commission, or Committee on which you serve, or both. “Departmental Goods and Services” means leased facilities, goods, equipment, vehicles, machinery, or services (including training or consulting services) of the type used by the City department in which you work, the City department associated with the Board, Commission, or Committee on which you serve, or both. 2.02.030 Conflict of interest code of the City of Chula Vista. A. The PRA requires local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2 of the California Code of Regulations, Section 18730, which contains the terms of a standard model conflict of interest code, which may be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Accordingly, the terms of Title 2 of the California Code of Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted by the Fair Political Practices Commission, are hereby incorporated by this reference and constitute the conflict of interest code of the City of Chula Vista. B. The City Council shall set forth by resolution the officials, designated employees, and consultants who are required to file statements of economic interests and the disclosure categories under which each such official, designated employee and consultant shall file. By this reference, the resolution, and any amendments to it, is incorporated into this conflict of interest code. The City’s disclosure categories are set forth below (please refer to the definitions within this chapter and the PRA for capitalized terms in bold type): 1. Disclosure Category 1. Report all of the following: a. Investments in, and business positions held with, any Business Entity located in or doing business within the City’s Jurisdiction, or doing business with the City; and b. Income from any source, regardless of the jurisdiction in which the source resides or does business. 2. Disclosure Category 2. Report any Interest in Real Property for such real property located within the Jurisdiction of the City. 3. Disclosure Category 3. Report all of the following: a. Investments in, and positions held with, any Business Entity, that is subject to Departmental Authority; and b. Interests in Real Property if the real property is subject to Departmental Authority; and c. Income from any source which is subject to Departmental Authority. Page 88 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 4 4. Disclosure Category 4. Report all of the following: a. Investments in, and business positions held with, any Business Entity that engages in land development, construction, or the acquisition or sale of real property, within the Jurisdiction of the City; and b. Income from any source that engages in land development, construction, or the acquisition or sale of real property, within the Jurisdiction of the City. 5. Disclosure Category 5. Report all of the following: a. Income from any source that provides City Goods and Services; and b. Investments in, and business positions held with, any Business Entity which provides City Goods and Services. 6. Disclosure Category 6. Report all of the following: a. Income from any source that provides Departmental Goods and Services; and b. Investments in, and business positions held with, any Business Entity which provides Departmental Goods and Services. 7. Disclosure Category 7. Report all of the following: a. Income from any source that is of the type that receives grants or other monies from or through the City; and b. Investments in, and business positions held with, any Business Entity, including nonprofit organizations, that is of the type that receives grants or other monies from or through the City. 2.02.040 Exception for solely advisory boards and commissions. A. The City Council finds that certain of the City’s boards and commissions are solely advisory within the meaning of Government Code Section 87100, and are, therefore, not required by law to be governed under the City’s conflict of interest code. B. For those boards and commissions not required by law to be governed under the City’s conflict of interest code, the City Council declares that people serving as volunteers on those boards and commissions shall not be required to complete and submit statements of economic interests and shall not be required to disqualify themselves from deliberations or decision making for economic reasons. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Page 89 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Ordinance Page 5 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 Kerry K. Bigelow, MMC Marco A. Verdugo City Clerk City Attorney Page 90 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX OFFICIALS REQUIRED TO FILE PURSUANT TO GOVERNMENT CODE §§ 87200, et seq. The following officials shall file periodic statements disclosing certain economic interests (commonly referred to as “700 Forms”) with the Fair Political Practices Commission, as required by California Government Code §§87200 – 87210: Mayor City Councilmember City Manager City Attorney Director of Finance/City Treasurer Planning Commission Member Candidate for Elective Office In addition, each official falling within any of the above-listed categories, except “Candidates for Elective Office,” is required to comply with the ethics training requirements of California Government Code §§53234, et seq. DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER THE CITY OF CHULA VISTA CONFLICT OF INTEREST CODE Each City employee whose position title is listed below shall file a 700 Form under the designated disclosure category (as set forth in Chula Vista Municipal Code §2.02.030) and is required to comply with the ethics training requirements of California Government Code §§53234, et seq. Where “Full Disclosure” is indicated, it implies that the disclosure categories are 1, 2, 5, and 7. Position Title ................................................................................................ Disclosure Category Administrative Services Manager .......................................................................................... 1, 2, 5 Animal Care Facility Manager........................................................................................... 1, 3, 6, 7 Assistant Chief of Police ......................................................................................... Full Disclosure Assistant City Attorney Series Senior Assistant City Attorney ................................................................... Full Disclosure Assistant City Attorney ............................................................................... Full Disclosure Assistant City Manager ........................................................................................... Full Disclosure Assistant Director of Development Services ..................................................................... 1, 2, 6, 7 Assistant Director of Engineering .......................................................................................... 1, 2, 5 Assistant Director of Finance.................................................................................. Full Disclosure Page 91 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Assistant Director of Human Resources ................................................................................ 1, 3, 5 Assistant Director of Public Works ....................................................................................... 1, 2, 5 Assistant Director of Parks and Recreation ....................................................................... 1, 2, 6, 7 Associate Surveyor .................................................................................................................... 3, 4 Benefits Manager ........................................................................................................................... 5 Budget & Analysis Manager ................................................................................... Full Disclosure Building Inspection Manager ......................................................................................................... 3 Building Inspector Series Senior Building Inspector .............................................................................................. 3, 4 Building Inspector (all levels) ............................................................................................ 3 Building Official ........................................................................................................................ 1, 2 Building Official/Code Enforcement Manager .......................................................................... 1, 2 Building Project Manager ...................................................................................................... 3, 4, 5 Building Services Manager .................................................................................................... 1, 2, 5 Building Services Supervisor ......................................................................................................... 6 Chief of Police ........................................................................................................ Full Disclosure Chief of Staff........................................................................................................... Full Disclosure Chief Sustainability Officer ............................................................................................... 1, 2, 6, 7 City Attorney Investigator ...................................................................................... Full Disclosure City Clerk ............................................................................................................................... 1, 2, 6 City Librarian ......................................................................................................................... 2, 6, 7 Civil Engineer Series Principal Civil Engineer ............................................................................................. 3, 4, 5 Senior Civil Engineer ................................................................................................. 3, 4, 5 Associate Civil Engineer.................................................................................................... 3 Code Enforcement Series Code Enforcement Manager .......................................................................................... 3, 4 Senior Code Enforcement Officer ................................................................................. 3, 4 Code Enforcement Officer (all levels) ............................................................................... 3 Collections Supervisor ............................................................................................................... 3, 5 Communication/Special Events Coordinator ............................................................................. 5, 7 Communications Manager ......................................................................................................... 3, 5 Page 92 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Community Engagement Specialist ........................................................................................... 5, 6 Constituent Services Manager ................................................................................ Full Disclosure Construction & Repair Supervisor ................................................................................................. 6 Council Assistant Series Senior Council Assistant ............................................................................. Full Disclosure Council Assistant ........................................................................................ Full Disclosure Deputy City Attorney (all levels) ............................................................................ Full Disclosure Deputy City Manager .............................................................................................. Full Disclosure Deputy City Manager/Public Works Director ........................................................ Full Disclosure Deputy Director, City Clerk Services .................................................................................... 1, 2, 6 Deputy Director of Animal Services.................................................................................. 1, 3, 6, 7 Deputy Director of Development Services ........................................................................ 1, 2, 6, 7 Deputy Fire Chief .................................................................................................................. 1, 2, 6 Development Automation Specialist ..................................................................................... 3, 4, 5 Development Project Manager .......................................................................................... 1, 2, 6, 7 Development Services Counter Manager .................................................................................. 3, 4 Director of Animal Services .............................................................................................. 1, 3, 6, 7 Director of Development Services ..................................................................................... 1, 2, 6, 7 Director of Economic Development .................................................................................. 1, 2, 6, 7 Director of Engineering/City Engineer .............................................................................. 1, 2, 6, 7 Director of Housing & Homeless Services ............................................................. Full Disclosure Director of Human Resources/Risk Management ................................................................. 1, 3, 5 Director of Information Technology Services ............................................................................... 6 Director of Library Services ................................................................................... Full Disclosure Director of Public Works ....................................................................................................... 1, 2, 5 Director of Recreation ServicesParks and Recreation ............................................ Full Disclosure Economic Development Specialist Series Principal Economic Development Specialist ............................................................. 1, 2, 7 Senior Economic Development Specialist ................................................................. 1, 2, 7 Economic Development Manager ...................................................................................... 1, 2, 6, 7 Emergency Services Manager ........................................................................................................ 5 Engineer Series Page 93 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Associate Engineer......................................................................................................... 3, 4 Assistant Engineer ......................................................................................................... 3, 4 Fire Inventory Specialist ................................................................................................................ 6 Environmental Services Manager .......................................................................................... 3, 6, 7 Environmental Sustainability Manager.................................................................................. 3, 6, 7 Facilities Financing Manager ............................................................................................. 1, 2, 6, 7 Facilities Manager .......................................................................................................................... 5 Finance Manager (including with CPA) ................................................................. Full Disclosure Fire Battalion Chief (all designations) ........................................................................................... 6 Fire Captain (C only; including hourly; excluding when assigned to the academy) ..................... 6 Fire Chief ............................................................................................................................... 1, 2, 6 Fire Division Chief ................................................................................................................ 1, 2, 6 Fire Inspector/Investigator Series Senior Fire Inspector/Investigator .................................................................................. 3, 4 Fire Inspector/Investigator (all levels) ........................................................................... 3, 4 Fire Prevention Engineer/Investigator ....................................................................................... 3, 4 Fire Prevention Aide ...................................................................................................................... 3 Fire Prevention Specialist .......................................................................................................... 3, 4 Fiscal and Management Analyst .................................................................................................... 5 Fiscal Debt Management Analyst .................................................................................................. 5 Fiscal Services Analyst .............................................................................................................. 3, 5 Fleet Inventory Control Specialist ................................................................................................. 5 Fleet Manager ................................................................................................................................ 5 Fleet Supervisor ............................................................................................................................. 5 Homeless Solutions Manager ............................................................................................ 1, 2, 6, 7 Housing Manager ............................................................................................................... 1, 2, 6, 7 Human Resources Manager ....................................................................................................... 5, 7 Information Technology Manager ................................................................................................. 6 Information Technology Project Manager ..................................................................................... 6 Land Surveyor Series Associate Land Surveyor ............................................................................................... 3, 4 Senior Land Surveyor .................................................................................................... 4, 5 Page 94 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Landscape Architect Series Principal Landscape Architect ....................................................................................... 1, 2 Senior Landscape Inspector ........................................................................................... 3, 4 Landscape Architect....................................................................................................... 3, 4 Landscape Planner (all levels) ................................................................................................... 3, 4 Law Office Manager ...................................................................................................................... 6 Librarian Series Principal Librarian ......................................................................................................... 6, 7 Senior Librarian ............................................................................................................. 6, 7 Librarian III (excluding hourly) ......................................................................................... 6 Library Digital Services Manager .................................................................................................. 6 Management Analyst Series Principal Management Analyst (when assigned to Housing & Public Works) ..... 3, 4, 5, 7 Principal Management Analyst (all assignments unless otherwise noted) .................... 3, 5 Senior Management Analyst (all assignments unless otherwise noted) ........................ 5, 7 Senior Management Analyst (when assigned to Finance and Parks & Recreation) .......... 5 Management Analyst (all levels, assigned to Finance, Fire, Development Services, & Police) ................................................................................................................................ 5 Management Analyst (all levels, all assignments unless otherwise noted; excluding hourly) ............................................................................................................................ 6, 7 Open Space Inspector Series Senior Open Space Inspector ......................................................................................... 3, 5 Open Space Inspector .................................................................................................... 3, 5 Open Space Manager ................................................................................................................. 3, 5 Park Ranger Program Manager ................................................................................................. 3, 5 Park Ranger Series Senior Park Ranger ............................................................................................................ 3 Park Ranger (excluding hourly) ........................................................................................ 3 Park Ranger Supervisor ................................................................................................................. 3 Parks and Recreation Administrator ....................................................................... Full Disclosure Parks Manager ....................................................................................................................... 3, 4, 5 Plan Check Engineer Series Page 95 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Senior Plan Check Engineer .......................................................................................... 3, 4 Assistant Plan Check Engineer ...................................................................................... 1, 2 Associate Plan Check Engineer ..................................................................................... 1, 2 Plan Check Supervisor ............................................................................................................... 1, 2 Planner Series Principal Planner ............................................................................................................ 1, 2 Senior Planner ................................................................................................................ 1, 2 Assistant Planner ............................................................................................................ 3, 4 Associate Planner ........................................................................................................... 3, 4 Planning Manager ...................................................................................................................... 1, 2 Police Administrative Services Administrator........................................................ Full Disclosure Police Captain ......................................................................................................... Full Disclosure Police Facility and Supply Coordinator ......................................................................................... 6 Police Technology Manager ...................................................................................................... 3, 6 Policy Aide.............................................................................................................. Full Disclosure Principal Accountant ...................................................................................................................... 5 Principal Recreation Manager........................................................................................................ 6 Principal Traffic Engineer ...................................................................................................... 3, 4, 5 Procurement Services Analyst ................................................................................ Full Disclosure Procurement Specialist Series Senior Procurement Specialist .................................................................... Full Disclosure Procurement Specialist....................................................................................................... 5 Project Coordinator Series Principal Project Coordinator .................................................................................... 1, 2, 7 Senior Project Coordinator ........................................................................................ 1, 2, 7 Project Coordinator (all levels) ...................................................................................... 2, 7 Public Works Inspector Series Senior Public Works Inspector .................................................................................. 3, 4, 5 Public Works Inspector (all levels) ............................................................................ 3, 4, 5 Public Works Manager .......................................................................................................... 1, 2, 5 Public Works Superintendent ................................................................................................ 1, 2, 5 Public Works Supervisor ....................................................................................................... 1, 2, 5 Page 96 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Purchasing Agent .................................................................................................... Full Disclosure Real Property Manager ........................................................................................... Full Disclosure Revenue Manager ................................................................................................... Full Disclosure Risk Management Specialist Series Senior Risk Management Specialist .............................................................................. 1, 2 Risk Management Specialist .......................................................................................... 1, 2 Risk Manager ............................................................................................................................. 1, 2 Senior Electronics Technician ....................................................................................................... 5 Senior Graphic Designer ................................................................................................................ 5 Senior Land Surveyor ................................................................................................................ 4, 5 Senior Landscape Inspector ....................................................................................................... 3, 4 Senior Public Works Inspector .............................................................................................. 3, 4, 5 Senior Risk Management Specialist .......................................................................................... 1, 2 Smart Technology Officer ......................................................................................................... 3, 6 Special Projects Manager ........................................................................................ Full Disclosure Stormwater Compliance Inspector II ............................................................................................. 3 Stormwater Environmental Specialist (all levels).......................................................................... 3 Stormwater Program Manager ............................................................................................... 3, 4, 5 Supervising Public Safety Analyst............................................................................................. 3, 6 Traffic Signal & Lighting Supervisor .................................................................................... 3, 4, 5 Transportation Engineer (with Cert. and without Cert.) ........................................................ 3, 4, 5 Veterinarian (Permitted, all levels, except hourly) ........................................................................ 6 Boards and Commissions Member: Board of Appeals and Advisors Member....................................................................... 2, 5 Board of Ethics Member ................................................................................................ 1, 2 Charter Review Commission Member....................................................................... 1, 2, 5 Civil Service Commission Member ................................................................................... 3 Charter Review Commission Member....................................................................... 1, 2, 5 Redistricting Commission Member ........................................................................... 1, 2, 5 Mobilehome Rent Review Commission Member.......................................................... 1, 2 Privacy Protection and Technology Advisory Commission Member ............................... 5 Chula Vista Bayfront Facilities Financing Authority Auditor ........................................................................................................ Full Disclosure Auditor Authorized Deputy ....................................................................... Full Disclosure Page 97 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 1, Exhibit 1 to Resolution Conflict of Interest Code – Designated Positions Adopted by City Council on XX/XX/XXXX, Resolution No. 2024-XXX Co-Legal Counsel ...................................................................................... Full Disclosure Co-Legal Counsel Authorized Deputy ....................................................... Full Disclosure Treasurer .................................................................................................... Full Disclosure Treasurer Authorized Deputy .................................................................... Full Disclosure Governing Board Member .......................................................................... Full Disclosure Consultants/Newly Created Positions* ................................................................... Full Disclosure Hearing Officers...................................................................................................... Full Disclosure *Consultants and individuals in newly created positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitation: The City may determine, in writing, that a particular consultant or individual in a newly created position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The determination for consultants shall be included in the contract by which the consultant is hired by the City. The determination for newly created positions shall be documented on an FPPC Form 804. The City’s determinations are public record. Page 98 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 2 Chapter 2.02 CONFLICT OF INTEREST [Sections 2.02.010 and 2.02.020 remain unchanged] 2.02.025 Definitions. A. Political Reform Act–Defined Terms. Words and phrases used in this chapter are in the language of the Political Reform Act (California Government Code Title 9, Sections 81000 through 91014) (the “PRA”). Whenever any words or phrases used in this chapter are defined in the PRA, the definitions of the PRA, as may be amended from time to time, shall apply to those words and phrases. Such definitions are incorporated in this chapter by this reference and shall apply to the words and phrases used in this chapter, as though set forth in full, unless the context clearly indicates a contrary intention. The following words and phrases are defined in the PRA. For ease of reference, summaries of the PRA definitions, and references to the specific code sections containing the full definitions, are provided below. However, the following definitions and summaries are intended for reference purposes only, and do not replace the definitions contained in the PRA, which shall be controlling in interpreting this chapter. A. “Business entityEntity” means any organization or enterprise operated for profit, including, but not limited to, a proprietorship, partnership, firm, business trust, joint venture, syndicate, corporation, or association (see California Government Code Section 82005). B. “Gift” means any payment that confers a personal benefit on the recipient, including a rebate or discount in the price of anything of value unless the rebate or discount is made in the regular course of business to members of the public without regard to official status. Gifts from a source outside the City’s Jjurisdiction are not required to be reported if the purpose of disclosure of the source of the gift does not have some connection with or bearing upon the functions or duties of the position for which the reporting is required (see California Government Code Section 82028 for a full definition of “gift”; see also Fair Political Practices Commission regulation 18730.1). C. “Income” includes gifts, loans and travel payments; other than gifts, it does not include income from any source outside the Jjurisdiction of the City and not doing business within the Jjurisdiction, not planning to do business within the Jjurisdiction, or not having done business within the jJurisdiction during the two years prior to the time the statement of economic interests is required to be filed (see California Government Code Section 82030 for a complete definition of “Iincome”). D. “Interest in real Real propertyProperty” includes any leasehold, beneficial or ownership interest or an option to acquire such an interest in real property located in the jJurisdiction, owned directly, indirectly or beneficially by the filer, or his or her immediate family if the fair market value of the interest is $2,000 or more (see California Government Code Section 82033 for a full definition of “Iinterest in real Real propertyProperty”). E. “Investment” is limited to interests in businesses Businesses entities Entities that have property in the City, do business in, plan to do business in, or have done business within the last two years in the City (see California Government Code Section 82034). Page 99 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 2 F. “Jurisdiction.” means the City of Chula Vista and any other geographical area in which the City has jurisdiction. Real property is “within the jurisdictionJurisdiction” of the City if it is within, or not more than two miles outside the boundaries of, the City, or within two miles of any land owned or used by the City (see California Government Code Section 82035 for a complete definition of “Jjurisdiction”). B. City-Defined Terms. “City,” as used in this Chapter, means the City of Chula Vista for officials, designated employees, and consultants of the City of Chula Vista; and means the Chula Vista Bayfront for officials, designated employees, and consultants of the Chula Vista Bayfront Facilities Financing Authority. “City Goods and Services” means leased facilities, goods, equipment, vehicles, machinery, or services (including training or consulting services) of the type used by the City. “Departmental Authority” means the regulatory, permitting, or licensing authority of the City department in which you work, the Board, Commission, or Committee on which you serve, or both. “Departmental Goods and Services” means leased facilities, goods, equipment, vehicles, machinery, or services (including training or consulting services) of the type used by the City department in which you work, the City department associated with the Board, Commission, or Committee on which you serve, or both. 2.02.030 Conflict of interest code of the City of Chula Vista. A. The PRA requires local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, Title 2 of the California Code of Regulations, Section 18730, which contains the terms of a standard model conflict of interest code, which may be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings. Accordingly, the terms of Title 2 of the California Code of Regulations, Section 18730, and any amendments to it, except Section 9.5, duly adopted by the Fair Political Practices Commission, are hereby incorporated by this reference and constitute the conflict of interest code of the City of Chula Vista. B. The City Council shall set forth by resolution the officials, designated employees, and consultants who are required to file statements of economic interests and the disclosure categories under which each such official, designated employee and consultant shall file. By this reference, the resolution, and any amendments to it, is incorporated into this conflict of interest code. The City’s disclosure categories are set forth below (please refer to the definitions within this chapter and the PRA for capitalized terms in bold type): 1. Disclosure Category 1. Report all of the following: a. Investments in, and business positions held with, any Business entity Entity located in or doing business within the City’s Jurisdiction, or doing business with the City; and b. Income from any source, regardless of the jurisdiction in which the source resides or does business. Page 100 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 2 2. Disclosure Category 2. Report any Interest in real Real property Property for such real property that is located within the Jurisdiction of the City. 3. Disclosure Category 3. Report all of the following: a. Investments in, and positions held with, any Business entityEntity, that is subject to the regulatory, permitting, or licensing authority of the City department in which you work (“departmental authority”)Departmental Authority; and b. Interests in real Real property Property if the real property is subject to such departmental authorityDepartmental Authority; and c. Income from any source which is subject to such departmental authorityDepartmental Authority. 4. Disclosure Category 4. Report all of the following: a. Investments in, and business positions held with, any Business entity Entity that engages in land development, construction, or the acquisition or sale of real property, within the Jurisdiction of the City; and b. Income from any source that engages in land development, construction, or the acquisition or sale of real property, within the Jurisdiction of the City. 5. Disclosure Category 5. Report all of the following: a. Income from any sources that provides leased facilities, goods, equipment, vehicles, machinery, or services (including training or consulting services), of the type utilized by the City (“City goods and services”)City Goods and Services; and b. Investments in, and business positions held with, any Business entity Entity which provides such City Goods and ServicesCity goods and services. 6. Disclosure Category 6. Report all of the following: a. Income from any source that provides leased facilities, goods, equipment, vehicles, machinery, or services (including training or consulting services), of the type utilized by the City department in which you work (“departmental goods and services”)Departmental Goods and Services; and b. Investments in, and business positions held with, any Business entity Entity which provides such Departmental Goods and Servicesdepartmental goods and services. 7. Disclosure Category 7. Report all of the following: a. Income from any source that is of the type that receives grants or other monies from or through the City; and b. Investments in, and business positions held with, any Business entityEntity, including nonprofit organizations, that is of the type that receives grants or other monies from or through the City. 2.02.040 Exception for solely advisory boards and commissions. A. The City Council finds that certain of the City’s boards and commissions are solely advisory within the meaning of Government Code Section 87100, and are, therefore, not required by law to be governed under the City’s conflict of interest code. B. For those boards and commissions not required by law to be governed under the City’s conflict of interest code, the City Council declares that citizens people serving as volunteers on those boards and Page 101 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Attachment 2 commissions shall not be required to complete and submit statements of economic interests and shall not be required to disqualify themselves from deliberations or decision making for economic reasons. Page 102 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 v . 0 05 P a g e | 1 October 1, 2024 ITEM TITLE Agreements: Approve Amendments to Various Legal Services Agreements to Provide On-Call and Other Legal Services Report Number: 24-0258 Location: No specific geographical location Department: City Attorney G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the amendments to the Legal Services Agreements with: 1) McDougal, Boehmer, Foley, Lyon, & Mitchell for a not-to-exceed amount of $150,000; and 2) Lounsbery Ferguson Altona & Peak for a not-to-exceed amount of $360,000. SUMMARY The City Attorney’s Office provides legal review, advice, consultation, and representation on a wide variety of legal issues and litigation related to City operations and staff. The advisory and transactional section of the City Attorney’s Office is currently significantly understaffed and anticipates that it will remain so until new staff can be hired in the coming months. The amendments to these agreements will allow the City to continue to use the law firm of McDougal, Boehmer, Foley, Lyon, Mitchell & Erickson for on-call legal services; and will finalize and close out the Legal Services Agreement with Lounsbery Ferguson Altona & Peak for previous Acting City Attorney services. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 103 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City Attorney’s Office provides a wide variety of legal services to the City, including legal review, advice, consultation, and representation on diverse matters impacting the City, including its officials, management, and departments. The advisory and transactional section of the City Attorney’s Office has been significantly understaffed for the past year and a half due to the City Attorney vacancy, retirements, and attrition. The office is anticipated to remain understaffed until new staff is hired in the coming months. In the interim, the City Attorney’s Office has utilized private law firms to assist in managing the City’s legal needs. The City presently has legal services agreements with McDougal, Boehmer, Foley, Lyon, & Mitchell for general on-call legal services, and in the process of closing out a legal services agreement with Lounsbery Ferguson Altona & Peak for prior Acting City Attorney services. These firms have provided responsive, high quality legal assistance on a variety of matters pursuant to these agreements, including public contracting, general contract review, police and fire advisory services, among other civil advisory matters. Given the large volume of legal work and the temporarily reduced level of staffing in the City Attorney’s Office, the capacity in the existing two agreements have been expended. The requested second amendment to the legal services agreement for on-call legal services with McDougal, Boehmer, Foley, Lyon, & Mitchell will increase the capacity to a not-to-exceed amount from $50,000 to $150,000 and make amendments to reflect the firm’s new name. The requested first amendment to the legal services agreement for Acting City Attorney services with Lounsbery Ferguson Altona & Peak will increase the capacity to a not-to-exceed amount from $350,000 to $360,000 to close out the final invoice from April 2024. The costs of these contract amendments were included within the current year budget, so no additional appropriation is necessary. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no additional fiscal impact as a result of this action. Funding is available based on current year budget appropriations. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. ATTACHMENTS 1. Second Amendment to LSA with McDougal, Boehmer, Foley, Lyon, & Mitchell Page 104 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 3 2. First Amendment to LSA with Lounsbery Ferguson Altona & Peak Staff Contact: Megan McClurg, Assistant City Attorney Page 105 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE LEGAL SERVICES AGREEMENTS FOR ON-CALL AND OTHER LEGAL SERVICES BETWEEN CITY AND MCDOUGAL LOVE BOEHMER FOLEY LYON & MITCHELL AND CITY AND LOUNSBERY FERGUSON ALTONA & PEAK LLP WHEREAS, the City previously entered into a legal service agreement on January 24, 2023 with McDougal Love Boehmer Foley Lyon & Mitchell (“McDougal Love”), to provide on-call legal services (“General Legal Services Agreement”); and WHEREAS, the City previously entered into a first amendment of the General Legal Services Agreement to amend Section 3.1 to provide that McDougal Love’s compensation shall not exceed $50,000; and WHEREAS, City has a continuing need for the on-call legal services provided by McDougal Love, resulting in additional costs; and WHEREAS, staff therefore recommends approving the Second Amendment to the General Legal Services Agreement, increasing the not-to-exceed compensation from $50,000 to $150,000 through January 24, 2025; and WHEREAS, the City previously entered into a legal service agreement on February 24, 2023 with Lounsbery Ferguson Altona & Peak LLP (“Lounsbery Ferguson”), to provide Acting City Attorney legal services (“Acting City Attorney Legal Services Agreement”) in an amount not to exceed $350,000 through April 30, 2024; and WHEREAS, City desires to finalize outstanding invoices from Lousbery Ferguson related to Acting City Attorney services provided through April 30, 2024, resulting in slight additional costs in excess of the $350,000 agreement amount; and WHEREAS, staff therefore recommends approving the First Amendment to the Acting City Attorney Legal Services Agreement, increasing the not-to-exceed compensation from $350,000 to $360,000; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: 1. Approves the Second Amendment to the Legal Services Agreement for on-call legal services between the City and McDougal Love Boehmer Foley Lyon & Mitchell, 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 City Attorney to execute same. Page 106 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 2 2. Approves the First Amendment to the Legal Services Agreement for Acting City Attorney legal services between the City and Lounsbery Ferguson Altona & Peak LLP, 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 City Attorney to execute same. Presented by Approved as to form By: Megan McClurg Marco A. Verdugo Assistant City Attorney City Attorney Page 107 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 1 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND MCDOUGAL, LOVE, BOEHMER, FOLEY, LYON & MITCHELL This Second Amendment to Legal Services Agreement (“Second Amendment”) is entered into this effective day of October 1, 2024 (“Effective Date”), by and between the City of Chula Vista (“City”) and McDougal, Love, Boehmer, Foley, Lyon & Mitchell (“Attorney”) (City and Attorney together, Parties”). RECITAL WHEREAS, Attorney has provided on call legal services to the City pursuant to a Legal Services Agreement between City and Attorney effective January 24, 2023 (“Legal Services Agreement”); and WHEREAS, the Legal Services Agreement, in Section 3.1, provides that the Legal Services Agreement shall not exceed $40,000.00 without the express written authorization of the City; and WHEREAS, on January 24, 2024, the parties entered into a First Amendment to Legal Services Agreement to extend the agreement through January 24, 2025 and increase the not to exceed amount on the contract to $50,000; and WHEREAS, the Parties desire to continue utilizing the services of Attorney related to providing on call legal services, resulting in additional costs exceeding $50,000.00; and WHEREAS, the name of Attorney’s firm has changed to McDougal Boehmer Foley Lyon Mitchell & Erickson. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount to one hundred fifty thousand dollars ($150,000.00). 2. Costs that exceeded $50,000.00 that were incurred under the First Amendment to Legal Services Agreement but prior to this Second Amendment are to be covered and compensated by this Second Amendment. 3. All references in the Legal Services Agreement to “McDougal, Boehmer, Foley, Lyon & Mitchell” shall be changed to “McDougal Boehmer Foley Lyon Mitchell & Erickson.” 4. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. Docusign Envelope ID: 637ADDE4-6338-4ED9-A4C0-271FE1DA7290 Page 108 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 2 of 2 SECOND AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND MCDOUGAL, LOVE, BOEHMER, FOLEY, LYON & MITCHELL SIGNATURE PAGE IN WITNESS WHEREOF, by executing this Second Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this Second Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this Second Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Morgan L. Foley, Principal Docusign Envelope ID: 637ADDE4-6338-4ED9-A4C0-271FE1DA7290 Page 109 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 1 of 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND LOUNSBERY FERGUSON ALTONA & PEAK LLP This First Amendment to Legal Services Agreement (“First Amendment”) is entered into this effective day of September 24, 2024 (“Effective Date”), by and between the City of Chula Vista (“City”) and Lounsbery Ferguson Altona & Peak LLP (“Attorney”) (City and Attorney together, “Parties”). RECITAL WHEREAS, Attorney has provided legal services on behalf of the City in the capacity of the Acting City Attorney pursuant to a Legal Services Agreement between City and Attorney effective February 24, 2023 (“Legal Services Agreement”); and WHEREAS, the Legal Services Agreement contains a not to exceed amount on the contract of 350,000 through April 30, 2024; and WHEREAS, the Parties desire to finalize outstanding invoices from Attorney related to Acting City Attorney services through April 2024, resulting in additional costs exceeding $350,000.00. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Section 3.1 of the Legal Services Agreement is amended to change the not to exceed amount to three hundred sixty thousand dollars ($360,000.00). 2. Costs that exceeded $350,000.00 that were incurred under the Legal Services Agreement but prior to this First Amendment are to be covered and compensated by this First Amendment. 3. Except as expressly provided herein, all other terms and conditions of the Legal Services Agreement shall remain in full force and effect. Signature Page to follow) Docusign Envelope ID: 3882FA2B-1747-486B-A28A-F6AE29593F21 Page 110 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 age 2 of 2 FIRST AMENDMENT TO LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND LOUNSBERY FERGUSON ALTONA & PEAK LLP SIGNATURE PAGE IN WITNESS WHEREOF, by executing this First Amendment where indicated below, City and Attorney agree that they have read and understood all terms and conditions of this First Amendment, that they fully agree and consent to be bound by same, and that they are freely entering into this First Amendment as of Effective Date. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Helen Holmes Peak Lounsbery Ferguson Altona & Peak LLP Docusign Envelope ID: 3882FA2B-1747-486B-A28A-F6AE29593F21 Page 111 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 v . 0 0 5 P a g e | 1 October 1, 2024 ITEM TITLE Grant Award and Appropriation: Accept Grant Funds from the California Office of Traffic Safety for the Selective Traffic Enforcement Program and Amend the Fiscal Year 2024-25 Budget to Appropriate Funds Therefor Report Number: 2024-0254 Location: No specific geographic location Department: Police G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving a grant agreement between the City and California Office of Traffic Safety, accepting $645,000 in grant funds for the Selective Traffic Enforcement Program, and appropriating $486,478 to the Police Grants Section of the Federal Grants Fund. (4/5 Vote Required) SUMMARY The California Office of Traffic Safety has awarded $645,000 to the Police Department for the Selective Traffic Enforcement Program. The goal of this program is to reduce the number of persons killed and injured in traffic crashes involving alcohol and other primary collisions factors. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required. Page 112 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The California Office of Traffic Safety's (OTS) mission is to effectively and efficiently administer traffic safety grant funds to reduce traffic deaths, injuries, and economic losses. The Police Department has been awarded various OTS grants, including the Serious Traffic Offenders Program (STOP), Comprehensive Traffic Safety Program, DUI Enforcement Program, and Selective Traffic Enforcement Program (STEP), which have enhanced the Traffic Unit by funding new positions, traffic enforcement operations and supplies/equipment used during traffic enforcement operations. The Police Department has received funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program. Throughout the one-year grant period (10/1/2024 to 9/30/2025), traffic enforcement operations will be conducted on an overtime basis. Grant-funded operations include DUI/driver license checkpoints, DUI saturation patrols and collaborative DUI enforcement to re duce the number of persons killed or injured in alcohol-involved collisions. Distracted driving operations will focus on drivers using hand-held cell phones and texting. Other traffic enforcement operations include motorcycle safety enforcement operations, along with bicycle and pedestrian enforcement operations. Additionally, traffic safety educational presentations will be conducted throughout the grant period, with a goal to reach out to community members, on the topics of distracted driving, DUI, speed, bicycle and pedestrian safety, seatbelts and child passenger safety. Funds provided by this grant will also be utilized for training and supplies/equipment used during the traffic operations. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker’s conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of $645,000 in grant revenues, and an increase in appropriations of $475,569 to the personnel category and $10,909 to the supplies and services category of the Police Grants section of the Federal Grants Fund in the current fiscal year. The table below outlines the spending plan for the Selective Traffic Enforcement Program. DESCRIPTION FY 2024-25 FY 2025-26 TOTAL Overtime for OTS operations $468,772 $156,257 $625,029 Medicare $6,797 $2,265 $9,062 Page 113 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 3 DESCRIPTION FY 2024-25 FY 2025-26 TOTAL Conferences/Training $6,202 $0 $6,202 DUI Checkpoint Supplies $4,707 $0 $4,707 TOTAL $486,478 $158,522 $645,000 Funding from the California Office of Traffic Safety will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT The 12-month grant period crosses between two fiscal years. Funding for this program for the remaining $158,522 in grant funds awarded, which covers 7/1/2025 to 9/30/2025, will be incorporated as part of the proposed fiscal year 2025-26 budget development process. There is no fiscal impact to the General Fund beyond fiscal year 2025-26 as a result of this action. ATTACHMENTS 1. OTS Grant Agreement Staff Contact: Chief Roxana Kennedy, Police Department Administrative Services Manager Jonathan Alegre, Police Department Page 114 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A GRANT AGREEMENT BETWEEN THE CITY AND CALIFORNIA OFFICE OF TRAFFIC SAFETY, ACCEPTING GRANT FUNDS FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Police Department has been awarded $645,000 in grant funding from the California Office of Traffic Safety for the Selective Traffic Enforcement Program; and WHEREAS, the goal of the Selective Traffic Enforcement Program is to reduce the number of persons killed or injured in traffic crashes involving alcohol and other primary collision factors; and WHEREAS, throughout the one-year grant period of October 1, 2024 through September 30, 2025, DUI/driver license checkpoints, DUI saturation patrols, distracted driving operations, motorcycle safety operations, bicycle/pedestrian operations and other traffic enforcement operations will be conducted on an overtime basis; and WHEREAS, funds provided by this grant will also be utilized for training and supplies/equipment used during the traffic operations; and WHEREAS, the grant funds provided by the California Office of Traffic Safety will completely offset the total costs of this program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the State of California Office of Traffic Safety Grant Agreement # PT25151, between the City and California Office of Traffic Safety, 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 City Manager, or designee, to execute same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager, or designee, is authorized to enter into and execute any amendments, extensions, or renewals of the agreement, and any and all documents necessary and appropriate to implement this resolution. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager, or designee, is authorized to take all necessary action to administer, monitor, manage, and ensure compliance with the Program including certifications made in the Application, and further to enter into and execute contracts with third parties to implement the Program or use of the funds, as appropriate. Page 115 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it accepts $645,000 from the California Office of Traffic Safety and amends the fiscal year 2024-25 budget by appropriating $475,569 to the personnel category and $10,909 to the supplies and services category of the Police Grants section of the Federal Grants Fund and directs staff to include $158,522 in the fiscal year 2025-26 proposed budget for the Selective Traffic Enforcement Program. Presented by Approved as to form by Roxana Kennedy Marco A. Verdugo Chief of Police City Attorney Page 116 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 1 of 18 State of California – Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT25151 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY 3. Grant Period Chula Vista From: To: 10/01/2024 09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT Chula Vista Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with the community members. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $645,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:  Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances  Exhibit B* – OTS Grant Program Manual  Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov. We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. 8. Approval Signatures A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL NAME: TITLE: EMAIL: PHONE: ADDRESS: Brian Carter Police Agent bcarter@chulavistapd.org (619) 476-5331 315 Fourth Avenue Chula Vista, CA 91910 NAME: TITLE: EMAIL: PHONE: ADDRESS: Roxana Kennedy Chief of Police rkennedy@chulavistapd.org (619) 691-5150 315 Fourth Avenue Chula Vista, CA 91910 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: TITLE: EMAIL: PHONE: ADDRESS: Yeelin Cheung Principal Management Analyst ycheung@chulavistapd.org (619) 691-5128 315 Fourth Avenue Chula Vista, CA 91910 NAME: TITLE: EMAIL: PHONE: ADDRESS: Barbara Rooney Director barbara.rooney@ots.ca.gov (916) 509-3030 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 (Signature) (Date) (Signature) (Date) Page 117 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 2 of 18 10. PROJECTED EXPENDITURES FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT TOTAL $645,000.00 AMOUNT ENCUMBERED BY THIS DOCUMENT I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above. $645,000.00 PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $645,000.00 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #: REGISTERED ADDRESS: CITY: ZIP+4: KVBYLRZMAGJ9 276 Fourth Avenue Chula Vista 91910-2631 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 Page 118 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 3 of 18 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT25151 1. PROBLEM STATEMENT As of 2023, the City of Chula Vista is the second-largest city in San Diego County with an estimated population over 280,000 that covers fifty-two square miles. The Chula Vista Police Department (CVPD) believes increasing public awareness, community relations through education, public enforcement, and advanced officer training are some of the best tools available in reducing tragedies caused by driving -related offenses. Funding from this grant will help educate and improve the quality of life for citizens of the City of Chula Vista, daily commuters that are employed or attend educational institution and thousands of military personnel at local bases and military ships in the surrounding areas. In addition, we hope to increase the number of officers trained in the Standardized Field Sobriety Tests (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE) and Drug Recognition Expert (DRE) program. The additional training will further increase the agencies abilities to detect, enforce and most importantly educate both the officers and citizens. Funds will be used to help maintain and improve our DRE program by including the time required to send Officers to recertification classes. DUI drug related offenses are an increasing problem in our community. Fentanyl, methamphetamine, pharmaceutical drugs are on the rise and the lack of knowledge in this area is apparent. With the passing of Proposition 64, the Chula Vista Police Department has seen the number of crashes involving drug impaired drivers increase. In 2019, six drivers under the influence of drugs or a combination of drugs/alcohol were involved in crashes. Seven drivers were involved in a crash while being under the influence of a drug or drug/alcohol combination in 2023 which resulted in a fatality. W ith the steady population growth, access to illicit drugs and legalized marijuana sales the number of DUI/drug arrests and crashes will continue to steadily increase. DRE officers are in high demand, and we need more advanced trained personnel to get the impaired drivers off the roadway. CVPD is looking to be a leader in the Drug Recognition Program in San Diego County. As of January 2024, CVPD has approximately 263 sworn officers and currently hiring to fill all available vacancies. We are willing to host SFST, ARIDE and DRE courses at the Chula Vista Police Department in conjunction with other San County Law Enforcement Agencies. Traveling at an unsafe speed on the roadways throughout the City of Chula Vista continues to be the #1 Primary Crash Factor f or fatal or injury crashes. In 2022, there were 2 fatalities and 300 individuals injured where unsafe speed was the primary crash factor. This was a significant decrease from 2021 where there were 5 fatalities and 697 individuals injured from speed related crashes. Traffic Enforcement Operations are primarily focused on speed enforcement to combat the problem of unsafe speed and to reduce crashes. In May of 2013, the Chula Vista Police Department witnessed firsthand the tragedy that occurs from Distracted Driving. While on duty, a Chula Vista Police Department Motorcycle Officer was involved in a crash that occurred due to a teenage driver sending text messages on her cell phone while driving. Due to the injuries sustained from the crash, the Officer was forced to medically retire. The Chula Vista Police Traffic Division has taken a firm stance on Distracted Driving. The Chula Vista Police Department completed four distracted driver operations during the 2022-2023 grant year. During the four operations, 281 traffic stops were conducted with 240 drivers cited for using their cell phone in some manner while operating a vehicle. It is apparent drivers are ignoring the cell phone laws and putting others at risk by using their cell phone while driving. Driving while distracted plays a major role with poor driving habits in Chula Vista. A steady problem in the past within the City of Chula Vista are crashes involving pedestrians. In 2023, the Chula Vista Police Department investigated 3 fatal pedestrian traffic crashes. This was a slight increase from 2022, when the Traffic Unit investigated 2 fatal pedestrian involved traffic crashes. With the passing of the Freedom to Walk Act that took effect in January 2023, the Chula Vista Police Department expects the number of pedestrians involved crashes to remain constant. In 2023, the Chula Vista Police Department investigated 2 fatal motorcycle crashes where both motorcyclists were at fault for not stopping at a red light. This was a slight decrease from 2022, where CVPD investigated 3 fatal motorcycle crashes. Page 119 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 4 of 18 For the third year in a row, the City of Chula Vista did not have any fatal crashes involving bicyclists. The Chula Vista Police Department has participated in San Diego County collaborative DUI operations since 2020 and plans to continue to participate. The City of Chula Vista will invite all police departments with collaborative funds to participate during our DUI/DL Checkpoint throughout the year as well as DUI Saturation Patrols. Officers will be sent to the DUI/DL Checkpoints and DUI Saturation Patrols that occur outside of the City of Chula Vista and hosted by other San Diego County Law Enforcement agencies. Despite minimal staffing issues and other departmental responsibilities, Officers from the Chula Vista Police Department worked hard to complete the goals implemented by OTS during the 2022-2023 grant year. All grant objectives were met with some being exceeded. The Chula Vista Police Department looks forward to the continued partnership with OTS. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic crashes. 2. Reduce the number of persons injured in traffic crashes. 3. Reduce the number of pedestrians killed in traffic crashes. 4. Reduce the number of pedestrians injured in traffic crashes. 5. Reduce the number of bicyclists killed in traffic crashes. 6. Reduce the number of bicyclists injured in traffic crashes. 7. Reduce the number of persons killed in alcohol-involved crashes. 8. Reduce the number of persons injured in alcohol-involved crashes. 9. Reduce the number of persons killed in drug-involved crashes. 10. Reduce the number of persons injured in drug-involved crashes. 11. Reduce the number of persons killed in alcohol/drug combo-involved crashes. 12. Reduce the number of persons injured in alcohol/drug combo-involved crashes. 13. Reduce the number of motorcyclists killed in traffic crashes. 14. Reduce the number of motorcyclists injured in traffic crashes. 15. Reduce hit & run fatal crashes. 16. Reduce hit & run injury crashes. 17. Reduce nighttime (2100 - 0259 hours) fatal crashes. 18. Reduce nighttime (2100 - 0259 hours) injury crashes. B. Objectives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release. 1 2. Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 10 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 12 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 8 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed). 2 Page 120 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 5 of 18 7. Send law enforcement personnel to the DRE Recertification training. 2 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained. 15 9. Conduct DUI Saturation Patrol operation(s). 27 10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations. 18 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting. 10 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 4 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety. 4 15. Conduct Know Your Limit campaigns with an effort to reach members of the community. 9 16. Participate in highly visible collaborative DUI Enforcement operations. 25 17. Participate in highly visible collaborative Traffic Enforcement operations. 5 18. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities. 4 19. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members. 6 3. METHOD OF PROCEDURE A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.  All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations. Media Requirements: Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO. Page 121 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 6 of 18 B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements The following requirements are for all grant-related activities:  Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at pio@ots.ca.gov for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.  The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.  If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.  Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).  Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at pio@ots.ca.gov and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.  Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.  Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator for approval prior to the production or duplication. Page 122 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 7 of 18  Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at pio@ots.ca.gov and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted. C. Phase 3 – Data Collection & Reporting (Throughout Grant Year) 1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30) 2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)  Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.  Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.  Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. Page 123 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 8 of 18 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B GRANT NUMBER PT25151 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT 164AL-25 20.608 Minimum Penalties for Repeat Offenders for Driving While Intoxicated $480,000.00 402PT-25 20.600 State and Community Highway Safety $160,000.00 1906-25 20.611 Racial Profiling Prohibition Grants $5,000.00 COST CATEGORY FUND NUMBER UNIT COST OR RATE UNITS TOTAL COST TO GRANT A. PERSONNEL COSTS Straight Time $0.00 Overtime DUI/DL Checkpoints 164AL-25 $11,000.00 15 $165,000.00 DUI Saturation Patrols 164AL-25 $8,000.00 27 $216,000.00 Know Your Limit 164AL-25 $3,500.00 9 $31,500.00 Collaborative DUI Enforcement 164AL-25 $2,000.00 25 $50,000.00 SFST/ARIDE/DRE Instruction 164AL-25 $6,000.00 1 $6,000.00 Benefits- 164OT @1.45% 164AL-25 $468,500.00 1 $6,793.00 Traffic Enforcement 402PT-25 $4,000.00 18 $72,000.00 Distracted Driving 402PT-25 $4,000.00 7 $28,000.00 Motorcycle Safety 402PT-25 $4,000.00 3 $12,000.00 Pedestrian and Bicycle Enforcement 402PT-25 $4,000.00 4 $16,000.00 Street Racing and Sideshow Enforcement Operations 402PT-25 $3,000.00 4 $12,000.00 Collaborative Traffic Enforcement 402PT-25 $2,000.00 5 $10,000.00 Traffic Safety Educational Presentations 402PT-25 $400.00 4 $1,600.00 Benefits- 402ot @1.45% 402PT-25 $151,600.00 1 $2,198.00 Community Collaboration Engagement 1906-25 $821.50 6 $4,929.00 Benefits- 1906OT @1.45% 1906-25 $4,929.00 1 $71.00 Category Sub-Total $634,091.00 B. TRAVEL EXPENSES In State Travel 402PT-25 $6,202.00 1 $6,202.00 $0.00 Category Sub-Total $6,202.00 C. CONTRACTUAL SERVICES $0.00 Category Sub-Total $0.00 D. EQUIPMENT $0.00 Category Sub-Total $0.00 E. OTHER DIRECT COSTS DUI Checkpoint Supplies 164AL-25 $4,707.00 1 $4,707.00 Category Sub-Total $4,707.00 F. INDIRECT COSTS Page 124 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 9 of 18 $0.00 Category Sub-Total $0.00 GRANT TOTAL $645,000.00 Page 125 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 10 of 18 State of California – Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT25151 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Know Your Limit - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel. Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel SFST/ARIDE/DRE Instruction - Overtime for grant funded instructor training conducted by appropriate department personnel. Benefits- 164OT @1.45% - Benefits breakdown: Medicare - 1.45% • Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant. Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel. Benefits- 402ot @1.45% - Benefits breakdown: Medicare - 1.45% • Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant. Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel. Benefits- 1906OT @1.45% - Benefits breakdown: Medicare - 1.45% • Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant. TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers March 2025 and OTS Traffic Safety Law Enforcement Forum June 2025. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. CONTRACTUAL SERVICES - EQUIPMENT - Page 126 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 11 of 18 OTHER DIRECT COSTS DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, r eflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping). INDIRECT COSTS - STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under. Page 127 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 12 of 18 State of California – Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PT25151 Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58) The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: GENERAL REQUIREMENTS The State will comply with applicable statutes and regulations, including but not limited to:  23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:  Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);  49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);  The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);  Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));  Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation). Page 128 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 13 of 18 The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively. GENERAL ASSURANCES In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary t o ensure that: “No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.” The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted. SPECIFIC ASSURANCES More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program: 1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source: “The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.” 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations. 4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient. 5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith. 6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property. 7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties: a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. 8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property. 9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance. 10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance. Page 129 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 14 of 18 By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) The Subgrantee will provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about: 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; 4. The penalties that may be imposed upon employees for drug violations occurring in the workplace; 5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will— 1. Abide by the terms of the statement; 2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted— 1. Taking appropriate personnel action against such an employee, up to and including termination; 2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. POLITICAL ACTIVITY (HATCH ACT) (applies to all subrecipients as well as States) The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. CERTIFICATION REGARDING FEDERAL LOBBYING (applies to all subrecipients as well as States) CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; Page 130 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 15 of 18 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. RESTRICTION ON STATE LOBBYING (applies to subrecipients as well as States) None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION (applies to all subrecipients as well as States) INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES) 1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment. 4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or Page 131 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 16 of 18 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/). 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS— PRIMARY TIER COVERED TRANSACTIONS 1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal. INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or Page 132 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 17 of 18 otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/). 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION — LOWER TIER COVERED TRANSACTIONS 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. BUY AMERICA (applies to subrecipients as well as States) The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy: 1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations. 2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct. Page 133 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 7/17/2024 8:51:18 AM Page 18 of 18 DISCLOSURE REQUIREMENTS No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy: 1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict. 2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict. 3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States) The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. POLICY ON SEAT BELT USE In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references. POLICY ON BANNING TEXT MESSAGING WHILE DRIVING In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving. Page 134 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 What would some candidates do? to be place in office? (PLACED NOT ELECTED) Written Communicatioins - PC Acosta - Received 9/30/24 Page 135 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communicatioins - PC Acosta - Received 9/30/24 Page 136 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communicatioins - PC Acosta - Received 9/30/24 Page 137 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communicatioins - PC Acosta - Received 9/30/24 Page 138 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communicatioins - PC Acosta - Received 9/30/24 Page 139 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 WHO WILL CONTROL THE COUNCIL Written Communicatioins - PC Acosta - Received 9/30/24 Page 140 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 - interconnected web LETICIA CANDIDATE FOR DISTRICT 3 CESAR CANDIDATE FOR DISTRIC 4 Written Communicatioins - PC Acosta - Received 9/30/24 Page 141 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 Communicatioins - PC Acosta - Received 9/30/24 Page 142 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Leticia Munguia Munguia, 52, Is a human resources manager for Sweetwater Authority She does not have a law license in California. Written Communicatioins - PC Acosta - Received 9/30/24 Page 143 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communicatioins - PC Acosta - Received 9/30/24 Page 144 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 SOUTH COUNTY Critics Allege ‘Good Old Boy Network’ at Sweetwater Authority The Sweetwater Authority is poised to award a $150,000 consulting contract to a former employee who once sued the agency. by Jim Hinch September 25, 2024 Written Communicatioins - PC Acosta - Received 9/30/24 Page 145 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Verdugo proposes council member suspensionByAlbert Fulcher11/24/2023 •Chula Vista City Attorney candidate Attorney Marco Verdugo held a press conference in the Chula Vista City Council courtyard Monday, proposing •a three-point comprehensive Anti-Corruption Action Plan to fight corruption and hold City Hall accountable. •“Chula Vista is infamous for its campaign finunlimited timeframe of which candidates are allowed ance loopholes, most notably the to carry debt after the election,” he said. Verdugo wants to clearly define “extension of credit” •My plan is a commitment to restoring faith in our city’s governance and ensuring that Chula Vista is a model for ethical leadership Written Communicatioins - PC Acosta - Received 9/30/24 Page 146 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Jose does those looking for a job have to be your political associate ? Written Communications - PC Acosta #2 - Received 9/30/24 Page 147 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – PC Jett888 – Received 10/1/24 From: Jett888 Jett888 Sent: Tuesday, October 1, 2024 12:00 PM To: CityClerk <CityClerk@chulavistaca.gov> Subject: [SUSPECTED SPAM] For todays meeting/Public Comment Rohr Park Arena being 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 Sunnyside Saddle Club (SSC), a tenant of the City of Chula Vista, is locking a public arena in Rohr Park at 4548 Sweetwaater Road, Bonita CA 91902. This arena has been used by the public for 41 years. SSC states their insurance company (in Arizona) is mandating this, even though it violates Chula Vista Municipal codes as well as CA State codes, such as CA Resource codes 5400-5409. Sunnyside Saddle Club and Chula Vista are breaching their own Agreement by locking this public park facility. Chula Vista Municipal code 2.66.010 will plainly show this. https://chulavista.municipal.codes/CVMC/2.66.010 I was contacted over two weeks ago by the DA- to please hold off on my complaint as they are still "looking into it" But I have yet to have any reply. The locking of the arena began back in April 2023 and on May 9th I even spoke to the Park Supervisor Danny Schreck who promised the arena gates will remain unlocked. But they are STILL LOCKED. Here are a few codes that may be of interest. Civil Code Section 3479: A public nuisance affects an entire community or neighborhood and can be remedied by legal action. Civil Code Section 3480: Defines a public nuisance as one that is unlawful, obstructs the free use of property, or otherwise interferes with the comfortable enjoyment of life. 2. Violation of Municipal Codes Violation of CVMC: You can argue that SSC’s actions are in direct violation of the Chula Vista Municipal Code (CVMC) 2.66.010, which mandates full and equal access to public parks and facilities without regard to users' status. Chula Vista and the City officials and the Tenant Sunnyside Saddle club are violating codes and their own Agreement. When is this going to stop? The public has a right to access, use and enjoy our public park lands and facilities. Retaliation including Police activity and detainment and harassment has continued to be allowed to occur against the public who wants to access this facility. Page 148 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 v . 0 0 5 P a g e | 1 October 1, 2024 ITEM TITLE Proposed Vacation: Approve the Vacation of a Portion of Unnamed Street/Alley of Rosebank Subdivision, Adjacent to 130 First Avenue Report Number: 24-0224 Location: 130 First Avenue Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (“CEQA”) State Guidelines. Recommended Action Conduct the public hearing and adopt a resolution approving the vacation of a portion of unnamed street/alley of Rosebank Subdivision, adjacent to 130 First Avenue. SUMMARY The owner of 130 First Avenue in Chula Vista is requesting the vacation of a portion of unnamed street/alley that was dedicated as part of the Rosebank Subdivision, filed in the Office of the County Recorder of San Diego County on January 18, 1911. The portion of the street right-of-way proposed for vacation is not needed for any future street widening or public right-of-way purpose. In accordance with Sections 8333 through 8335 of the California Streets and Highways Code, the City can summarily vacate a portion this right-of-way through adoption of a resolution and revert the right-of-way of the street to the adjoining property owner(s). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed project for compliance with CEQA and has determined that the Project qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the State CEQA Guidelines because the activity consists of a minor transfer of vacated unused right-of-way to adjacent owners, the area or land to be vacated has an average slope of less than twenty percent (20%), and the vacation action will not change the land use or density of the affected area. Thus, no further environmental review is necessary. Page 149 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On June 17, 2022, the owner of 130 First Avenue requested approval of the vacation of a portion of unnamed street/alley adjacent to 130 First Avenue. The unnamed street/alley is located between First Avenue to the East, D Street to the North, Minot Avenue to the West, and E Street to the South (Attachment 1). The unnamed street/alley was dedicated as part of the Rosebank Subdivision, filed in the Office of the County Recorder of San Diego County on January 18, 1911. A portion of the unnamed street/alley west of the subject location was closed by Council Resolution No. 237 passed and adopted on February 7, 1928, said resolution was recorded on July 7th, 1952, and a subsequent portion vacated by Council Resolution No. 4237 on November 22, 1966. Staff has determined that the vacation of the subject portion of the unnamed street/alley adjacent to 130 First Avenue would not impact the adopted General Plan Circulation Element. With this proposed action, the City will vacate a portion of Unnamed Street/Alley, and in accordance with Section 7050 of the California Government Code and Division 9, Part 3, Chapter 4, Sections 8333 through 8335 of the California Streets and Highways Code, this type of vacation may be performed through adoption of a resolution of vacation by the City Council and recordation of a certified copy of the resolution attested to by the City Clerk (Attachment 2). In accordance with Chula Vista Municipal Code (“CVMC”) section 12.40.010, City staff has conducted an investigation and determined that the public interest would be served by vacating this portion of unnamed street/alley of the Rosebank Subdivision because the subject area and land is unnecessary for present or future public use as a street or right-of-way, and the portion of the unnamed street/alley of the Rosebank Subdivision to be vacated does not contain any public utility facilities that are in use and would be affected by the proposed vacation. 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 All costs to process this request are borne by the property owner, resulting in no net fiscal impact to the General Fund or the Development Services Fund as a result of this action. Page 150 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 P a g e | 3 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this action. ATTACHMENTS 1. Vicinity Map 2. Street Vacation Legal Description and Plat Staff Contact: Jaime Campos, Principal Civil Engineer, Development Services Department Laura C. Black, AICP, Director of Development Services Page 151 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE VACATION OF A PORTION OF UNNAMED STREET/ALLEY OF THE ROSEBANK SUBDIVISION, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. WHEREAS, a portion of unnamed street/alley of the Rosebank Subdivision was dedicated for public street purposes per Rosebank Subdivision Map 1304, filed in the Office of the County Recorder of San Diego County on January 18, 1911; and WHEREAS, a portion of the unnamed street/alley of the Rosebank Subdivision was closed via Council Resolution No. 237 recorded July 7, 1952; and WHEREAS, a subsequent portion of the unnamed street/alley of the Rosebank Subdivision was vacated via Council Resolution No. 4237 on November 22, 1966; and WHEREAS, said portion of unnamed street/alley of the Rosebank Subdivision to be vacated is not and will not be needed for a public street or right-of-way; and WHEREAS, on June 17, 2022, the owners of 130 First Avenue requested the vacation of a portion of unnamed street/alley of the Rosebank Subdivision; and WHEREAS, in accordance with Section 7050 of the California Government Code and Division 9, Part 3, Chapter 4, Sections 8333 through 8335 of the California Streets and Highways Code, this type of summary vacation may be performed through adoption of a resolution of vacation by the City Council, and recordation of a certified copy of the resolution attested to by the City Clerk under California Streets and Highways Code Section 8336; and WHEREAS, this action will vacate said portion of unnamed street/alley of the Rosebank Subdivision as described and depicted in Exhibits A and B attached hereto and made a part thereof; and WHEREAS, this proposed vacation action discussed in this Resolution and the related Staff Report qualifies for a Class 5 Categorical Exemption pursuant to Section 15305 (Minor Alterations in Land Use Limitations) of the California Environmental Quality Act Guidelines because the activity consists of a minor transfer of vacated unused public street and right-of-way to an adjacent real property owner, the area or land to be vacated has an average slope of less than twenty percent (20%), and the vacation action will not change the land use or density of the affected area; and WHEREAS, in accordance with Chula Vista Municipal Code (“CVMC”) section 12.40.010, City staff has conducted an investigation and determined that the public interest would be served by vacating this portion of the unnamed street/alley of the Rosebank Subdivision because the subject area and land is unnecessary for present or future public use as a street or right-of-way, and the portion of the unnamed street/alley of the Rosebank Subdivision to be vacated does not Page 152 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 2 contain any public utility facilities that are in use and would be affected by the proposed vacation; and WHEREAS, per CVMC section 12.40.010, City staff published notice of the public hearing, scheduled for October 1, 2024, at 5:00 p.m. in the City Council Chambers, to consider the proposed unnamed street/alley vacation; and WHEREAS, City Staff recommends approving the street vacation for this portion of the unnamed street/alley of the Rosebank Subdivision for the reasons stated above; and WHEREAS, the City Council reviewed and considered the Staff Report and related materials on this matter; and WHEREAS, per CVMC section 12.40.010, the City Council duly held a public hearing, on October 1, 2024, at 5:00 p.m. in the City Council Chambers, to consider the proposed vacation of a portion of the unnamed street/alley of the Rosebank Subdivision, and to hear the evidence offered. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds, determines, and orders that: 1. The Recitals stated in this Resolution above are incorporated by reference into these findings. 2. After conducting the public hearing and considering the evidence, the City Council finds under California Streets and Highways Code Sections 8333 and 8334 that certain portion of unnamed street/alley of the Rosebank Subdivision specifically described in Exhibit “A” and shown or depicted in Exhibit “B” attached hereto and by reference made a part hereof, (a) has not been used for the purposes for which it was dedicated for five (5) consecutive years immediately before this vacation action by the City and (b) is unnecessary for present or prospective public street or right-of-way purposes. 3. That from and after recordation of this Resolution, that certain portion of the unnamed street/alley of the Rosebank Subdivision discussed herein is summarily vacated and shall not constitute a public street or right-of-way. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista directs the City Clerk to cause a certified copy of this Resolution of vacation, attested by the Clerk, without acknowledgement or further proof, to be recorded in the Office of the County Recorder of San Diego County. From and after the date this Resolution is recorded, the vacation of that certain portion of unnamed street/alley of the Rosebank Subdivision discussed herein is complete. Page 153 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 3 Presented by: Approved as to form by: Laura Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 154 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 4 EXHIBIT A [Legal Description of the Vacated Portion of Unnamed Street/Alley of the Rosebank Subdivision] Page 155 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Resolution No. Page 5 EXHIBIT B [Depiction of the Vacated Portion of Unnamed Street/Alley of the Rosebank Subdivision] Page 156 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Project Site VICINITY MAP NTS Page 157 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 158 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Page 159 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 SCALE: 1"=30' BASIS Qf BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, (EPOCH 1991.35) ADJUSTED, GRID BEARING BETWEEN CITY OF CHULA VISTA HOR/ZONAL AND VERnCAL CONTROL STA noNS '5005' AND '5006' PER THE CITY'S CONTROL REPORT SHEETS. SEE ROS 18846 & 14841 4564 ST. VAC. PLAT REVISED DA TE: 05/08/24 LEGEND PROPERTY LINE ORIGINAL R/W LINES [½½@ VACA noN AREA 192.37 SQ.FT. (0.0044 ACRES) ( ) RECORD DATA PER DEED RECORDED JUNE 26, 1959 IN BK. 7738, PG. 544, 0.R. P.O.C. POINT OF COMMENCEMENT T.P.0.8. TRUE POINT OF BEGINNING AL TA LAND SURVEYING, INC.CITY OF CHULA VISTA 9517 Grossmont Summit Dr. La Mesa, CA 91 941 Phone/fax: (619) 713-2582 altalandsurveyi ng. co m STREET VACATION POR. OF UNNAMED STREET/ ALLEY OF ROSEBANK SUBDIVISION PER MAP 1304 Page 160 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Vacation of a Portion of Unnamed Street/Alley at 130 First Avenue October 1, 2024 1 City Council Meeting Item 7.1 Page 161 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 PROJECT LOCATION Page 162 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 VACATION OF EASEMENT Page 163 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 VACATION OF EASEMENT Page 164 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 RECOMMENDATION (1)Approve the request for the vacation of a portion of unnamed street/alley located at 130 First Avenue. Page 165 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 From: alan mil Sent: Tuesday, October 1, 2024 9:11 AM Subject: Re: Chula Vista Camping Ban ONLY GOVERNMENT LAND - IGNORES WILDLIFE REFUGE - ENDANGERS COMMUNITY 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 COPY TO NEWS MAYORS CITY COUNCILS SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS BCC TO COMMUNITY SUFFERING HIGH INFLATION FED UP TAXES @CHULA VISTA CITY CLERK - Please attached this Email into public record AGENDA 8.2 TUESDAY OCTOBER 1 2025 MEETING. Good Morning, EVERY ELECTED REP WILL YOU PROTECT TAX PAYERS? SANDAG OWN EMPLOYEES - UNIONS PLACED MEASURE G ON BALLOT IF MEASURE G PASSES S2.6 BILLION WILL FUND TOLL RAOD I-805 AND I-5 SANDAG "MANAGE LANE SOURCE REVENUE" ADMITS NOT ABOUT CLIMATE KNOW MOST PEOPLE CANNOT CAR POOL PAGE 11 - https://www.sandag.org/-/media/SANDAG/Documents/PDF/regional-plan/2021- regional-plan/final-2021-regional-plan/2021-regional-plan-appendix-v-2021-05-01.pdf CONVERT FOUR LANES 805 INTO MANAGED TOLL LANES https://www.keepsandiegomoving.com/Documents/I805-Corridor/I-805-newsroom- FactSheetML-Jan06.pdf Page 166 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 FREEWAYS ALREADY PAID 1988-2044 TRANSNET TAX LESSON OF I-15 MANAGED TOLL LANES IS A DOUBLE TAX MORE CONGESTION WHEN REGULAR LANES TAKEN AWAY Page 167 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 SANDAG LIED BEFORE THE TRANSNET TAX NOV G = ANOTHER TAX TRICK MORE TOLL ROADS! Page 168 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 CHULA VISTA CITY MEETING 5PM TUESDAY OCT 1 2024 AGENDA 8.2 CITY VOTE TO BACK MEASURE G MORE TAX POLITICIANS UNBIAS? SHOULD NOT BE CAMPAIGNING COUNTY TAX https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=96d6c67c-c9a7-41a0-b15f- 3a26a1bf14a3&Agenda=Agenda&lang=English Page 169 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 CONTACT CHULA VISTA MAYOR CITY COUNCIL REPS NO TO G STOP CAMPAIGNING AGAINST THE PEOPLE STOP CONVERSION I-805 AND I-5 INTO MANAGED TOLL LANES SANDAG TOTAL TOLLS COLLECTED 22% FROM SR15 78% ARE FROM SR125 SANDAG SCREWED SOUTH BAY SR125 PERMANENT MANAGED LANE TOLL John McCaan jmccann@chulavistaca.gov Jose Preciado jpreciado@chulavistaca.gov Carolina Chavez cchavez@chulavistaca.gov Alonzo Gozalez agonzalez@chulavistaca.gov Rachel Morineau district4@chulavistaca.gov https://www.chulavistaca.gov/departments/mayor-council Page 170 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 -- Couple great links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry https://ballotpedia.org/Elections https://vote.gov/ Page 171 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE "SAFE NEIGHBORHOODS AND SCHOOLS ACT" CHANGED FELONY TO MISDEMEANOR NO JAIL $950 THEFT NO JAIL ENCOURAGE DRUG ABUSE CHARTS AND GRAPHS https://growsf.org/blog/prop -47/ https://ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Tre atment-Mandated_Felonies_Initiative_(2024) On Fri, Sep 27, 2024 at 2:51 PM alan mil <alanmil99@gmail.com> wrote: COPY TO NEWS MAYORS CITY COUNCILS SAN DIEGO SUPERVISORS SANDAG REPRESENTATIVES CA STATE REPS AND SENATORS @CHULA VISTA CITY CLERK - Please place Email and PowerPoint Attachment into public record AGENDA 5.4 TUESDAY OCTOBER 1 2025 MEETING. Good Afternoon, EVERY RLECTED REP CAMPING BAN IGNORES OUR NIEGHBORHOODS SAN DIEGO CAMPING BAN ONLY CITY PROPERTY NATIONAL CITY CAMPING BAN ONLY CITY PROPERTY Page 172 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 CHULA VISTA CAMPING BAN ONLY CITY PROPERTY CHULA VISTA CITY ATTORNEY CONFIRMED SUPREME COURT RULING ALLOWS ENTIRE CITY BAN CHULA VISTA CITY MEETING 5PM TUESDAY OCT 1 2024 AGENDA 5.4 CAMPING BAN ONLY ON PUBLIC LAND https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=96d6c67c-c9a7-41a0-b15f- 3a26a1bf14a3&Agenda=Agenda&lang=English SEE ATTACHED POWERPOINT AND PDF POWERPOINT SLIDE 1 Page 173 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 CONTACT CHULA VISTA MAYOR CITY COUNCIL REPS John McCaan jmccann@chulavistaca.gov Jose Preciado jpreciado@chulavistaca.gov Carolina Chavez cchavez@chulavistaca.gov Alonzo Gozalez agonzalez@chulavistaca.gov Rachel Morineau district4@chulavistaca.gov Page 174 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 https://www.chulavistaca.gov/departments/mayor-council GOVERNOR GAVIN NEWSOM EXECUTIVE ORDER BACKS SUPREME COURT RULING "Governor Newsom today issued an executive order directing state agencies to urgently address homeless encampments while respecting the dignity and safety of Californians experiencing homelessness. The Governor’s order, which follows the Supreme Court’s decision in Grants Pass, also urges local governments to use substantial funding provided by the state to take similar action. This executive order directs state agencies to move urgently to address dangerous encampments while supporting and assisting the individuals living in them And provides guidance for cities and counties to do the same. The state has been hard at work to address this crisis on our streets. There are simply no more excuses. It’s time for everyone to do their part." https://www.gov.ca.gov/2024/07/25/governor-newsom-orders-state-agencies-to-address- encampments-in-their-communities-with-urgency-and-dignity/ Supreme Court Grants Pass Ruling Enforce Law No Encroachment Any Property https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf POWERPOINT SLIDE 2 59 BROADWAY BEST BUY WALMART ENTRANCE Page 175 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 "CITY BOASTED REMOVING 3 MILLION POUNDS TRASH AND 5,000 SHOPPING CARTS" WHERE ARE THE ARRESTS DRUG USE IN THE STREET THEFT OF SHOPPING CARTS DESTRUCTION OF PROPERTY? POWERPOINT SLIDES 3-5 Page 176 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 WHILE CHULA VISTA SPENDS MILLIONS ON CLIMATE SUCH AS TAX FUNDED SHUTTLES DRUG TENTS ENVIROMENTAL DISASTER WILDLIFE REFUGE ENDANGER ALL OUR NIEGHBORHOODS "Chula Vista Community Shuttle is funded by the Clean Mobility Options Pilot Program (CMO) and part of California Climate Investments (CCI), a statewide initiative that puts billions of Cap -and- Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment." https://www.chulavistaca.gov/departments/clean/residents/communityshuttle POWERPOINT SLIDES 6-7 Page 177 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 CAMPING BAN ONLY GOVERNMENT LAND SAN DIEGO CAMPING BAN FAIL PROTECT COMMUNITIES WALK DOWN MARKET STREET DRUG TENTS EVERYWHERE "East village is a war zone for women. I pepper sprayed him to get him off of me.” https://www.nbcsandiego.com/news/local/victims-of-random-attacks-by-homeless-want- city-police-to -do -more/2658422/ POWERPOINT SLIDE 8 Page 178 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 Supreme Court Grants Pass Ruling Enforce Law No Encroachment Any Property Does Not Require City To Provide Homeless Shelter https://www.supremecourt.gov/opinions/23pdf/23-175_19m2.pdf CITIES CAN STEP UP QUICK SOLUTION UTILIZE ABANDONED BUILDINGS COST EFFECTIVE HAS HVAC - RESTROOMS - RUNNING WATER - ELECTRICITY 644 NAPLES STREET CHULA VISTA 300 BEDS ABANDONED TRICARE BUILDING ON BROADWAY HAS BATHROOMS AND HVAC FOR BUNK BED SHELTER "The abandoned TriCare building is at the far side of Costco parking lot can immediately service 100s of Homeless with bunk beds and is only a block away from the homeless encampments on Oxford Street at Harborside. This will Immediate Remove safety risk of Homeless Drug Tents next to Harborside Elementary School and Harborside park for the safety of all community residents. THE TRICARE BUILDING CAN BE A PERMANENT COST AFFECTIVE, IMMEDIATE AND MAXIMIZE AMOUNT OF HOMELESS OFF THE STREET. A PERMANENT BUILDING FOR CONTINUAL SERVICE ANY NEW HOMELESS LIVING ON THE STREET AS A FIRST STEP BEFORE TRANSITIONING TO TINY HOMES. DETOX AND A JOB FOR IMMEDIATE SENSE SELF WORTH BREAK HOMELESS CYCLE (NOT JOB TRAINING THAT JUST DELAYS WORKING). A JOB FOR INDIVIDUALS PAYING THEIR OWN RENT IN PERMANENT HOUSING." POWERPOINT SLIDE 9 Page 179 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 Page 180 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 -- Couple great links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry https://ballotpedia.org/Elections https://vote.gov/ Page 181 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE "SAFE NEIGHBORHOODS AND SCHOOLS ACT" CHANGED FELONY TO MISDEMEANOR NO JAIL $950 THEFT NO JAIL ENCOURAGE DRUG ABUSE CHARTS AND GRAPHS https://growsf.org/blog/prop -47/ https://ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Tre atment-Mandated_Felonies_Initiative_(2024) -- Couple great links below my signature BOOKMARK AND SHARE Ballotpedia to Research Facts every Candidate and Proposition :) Alan Curry https://ballotpedia.org/Elections https://vote.gov/ Page 182 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Curry – Received 0/1/24 REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE "SAFE NEIGHBORHOODS AND SCHOOLS ACT" CHANGED FELONY TO MISDEMEANOR NO JAIL $950 THEFT NO JAIL ENCOURAGE DRUG ABUSE CHARTS AND GRAPHS https://growsf.org/blog/prop -47/ https://ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Tre atment-Mandated_Felonies_Initiative_(2024) Page 183 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Written Communications – Item 8.2 Davis – Received 10/1/24 From: Mary Davis Sent: Tuesday, October 1, 2024 11:10 AM Subject: NO on Item 8.2 - Please Oppose Measure G (Regional Sales Tax) WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Hello - I'm writing in opposition to Item 8.2 on tonight's agenda (Consider Taking a Position on Initiative Measure G). The greater San Diego region is among the most expensive in the nation, and Chula Vista residents already face a toll burden from SANDAG that other county residents do not. Do NOT support an additional tax burden on Chula Vista residents. NO on this Resolution, and NO on Measure G! Respectfully, Mary Davis P.S. - This item is a political litmus test to see if you prioritize your constituents over your political party. Page 184 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 276 Fourth Avenue, Building A, Chula Vista, California 91910 T (619) 407-3516 F (619) 476-5379 E agonzalez@chulavistaca.gov MEMORANDUM OFFICE OF COUNCILMEMBER ALONSO GONZALEZ Date: September 12, 2024 To: Mayor and City Council From: Deputy Mayor Alonso Gonzalez Subject: Establishment of Economic Development Council Subcommittee Dear Mayor and Council Members, As part of our ongoing efforts to enhance Chula Vista’s economic development, I propose the formation of a dedicated Economic Development Council Subcommittee. This subcommittee will be tasked with providing recommendations for restructuring our new Economic Development Department, ensuring it is effectively designed to support local growth and innovation. Key Objectives of the Subcommittee: 1. Restructuring of the Economic Development Department: The subcommittee will play a pivotal role in reviewing the current structure and offering recommendations that foster economic expansion. By engaging stakeholders, it will help ensure that the department is responsive to the city's needs and aligned with long- term growth goals. 2. Support for Small Businesses: The subcommittee will provide recommendations to augment support for small businesses in Chula Vista, including: • Suggestions for improving City processes to simplify navigation for small businesses through various requirements. • Collaboration with the Chamber of Commerce to increase access to available support services, directly contributing to the success and sustainability of our small business community. 3. Binational Affairs: The subcommittee will also focus on strengthening our binational economic relations by: • Coordinating initiatives with regional stakeholders to foster binational projects that enhance cross -border economic relations. • Establishing a system to monitor and report on the effectiveness of binational economic activities and initiatives. To ensure the timely advancement of these efforts, I request that the subcommittee submit a detailed report with its findings and recommendations within 60 days of its establishment. This report will provide the necessary insights to guide our next steps and ensure that Chula Vista’s economic development initiatives are on track. Thank you for your consideration. Sincerely, Alonso Gonzalez Deputy Mayor, City of Chula Vista Page 185 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Verdugo proposes council member suspension. By Albert Fulcher 11/24/2023 Chula Vista City Attorney candidate Attorney Marco Verdugo held a press conference in the Chula Vista City Council courtyard Monday, proposing a three-point comprehensive Anti-Corruption Action Plan to fight corruption and hold City Hall accountable. Verdugo’s three-point plan is to reinforce the City’s system of checks and balances by convening legal experts to recommend revisions to the City Charter, including granting the City the authority to investigate and recommend the suspension of council members’ authority by a four-fifths super majority when there is evidence of corruption or malfeasance in office, with a clawback provision that requires them to pay back their salary during their suspension if they are convicted of a felony, and to establish a transparent process for the City’s actions, ensuring due process and protecting against political misuse of power. Verdugo said suspending a council member by revising the City Charter is legally sound. Written Communications - Item 12.1 Acosta - Received 9/30/24 Page 186 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 30.12 CENSURE OF COUNCIL MEMBER. A) (1) The Council has the inherent right to make and enforce its own rules and to ensure compliance with those laws generally applicable to public bodies. 2) Should any Council member act in any manner constituting a substantial violation of these rules or other general laws, the Council, acting as a whole, may discipline that Council member to the extent provided by law, including public reprimand. Written Communications - Item 12.1 Acosta - Received 9/30/24 Page 187 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 RICO ACT AND ALONZO CITY ATTORNEY Alonzo as an appointee should not be participating in any housing issues or future Building projects conversations. Alonzo an active and present licensee realtor is in a gross violation of the RICO ACT Alonzo should not be participating in any discussion that will benefit him in less than 30 days. Presently what is preventing Alonzo from making deals with other realtors? It is my believe. I am not an Attorney Nor will I ever call myself and Attorney unlike one of Chula Vista Council Member Candidates WHO IS NOT AN ATTORNEY Written Communications - Item 12.1 Acosta - Received 9/30/24 Page 188 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 RTICLE V. OFFICERS AND EMPLOYEE A)Financial Interest Prohibited.No member of the City Council, department head, or other Officer of the City (except a member of any board or commission), shall be financially interested, directly or indirectly, in any contract, sale, or transaction to which the City is a party, or as otherwise described in Article 4 of Division 4 of Title 1 (commencing with Charter Section 1090) of the Government Code of the State Written Communications - Item 12.1 Acosta - Received 9/30/24 Page 189 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 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 12.1 Acosta - Received 9/30/24 Page 190 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 Unethical Business Practices of Democrats in Chula Vista Exposed San Diego News Desk4 weeks ago03 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 12.1 Acosta - Received 9/30/24 Page 191 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024 ALONZO GONZALEZ conflict of interest and unethical participation in real state Censor or remove. Alonzo should not participate on any real estate proposal suggestions or recommendations in Chula Vista Let’s Never forget that the previous council member that picked him and place him where he is 14-42-109. Removal of elective or appointed officers. a)(1)(A)If the mayor or police judge, member of the city council, or any other elective officer of any city of the first class or second class or incorporated town in this state shall willfully and knowingly fail, refuse, or neglect to execute, or cause to be executed, any of the laws or ordinances within their jurisdiction, they shall be deemed guilty of nonfeasance in office Written Communications - Item 12.1 Acosta - Received 9/30/24 Page 192 of 192 City of Chula Vista - City Council Post Agenda October 1, 2024