HomeMy WebLinkAbout2024/11/05 Post Agenda Packet
Date:Tuesday, November 5, 2024, 5:00 p.m.
Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA
REGULAR CITY COUNCIL MEETING
**REVISED 11/1/2024**
Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only).
Free Spanish interpretation is available on-site.
_______________________________________________________________________________________
In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public
comment period on an item or before the close of the general Public Comment period for non-agenda items.
Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment
bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov.
eComments, emails, and other written comments must be received by noon for a regular City Council
meeting.
Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the
bottom to switch to Spanish. Closed captioning is available in both languages.
Accessibility: In compliance with the 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
City of Chula Vista - City Council
November 5, 2024 Post Agenda Page 2 of 352
event, promote awareness of community issues, and recognize City employees.
Pages
1.CALL TO ORDER
2.ROLL CALL
3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
4.SPECIAL ORDERS OF THE DAY
4.1 Presentation of a Proclamation Proclaiming Tuesday, November 5, 2024, as
Isalys Quinones Day in the City of Chula Vista
4.2 Presentation of a Proclamation to the Sweetwater Union High School District
Student Health Advocates on the Tobacco Use Prevention Education (TUPE)
Club Proclaiming October 23 Through October 31, 2024 as Red Ribbon Week in
the City of Chula Vista
5.CONSENT CALENDAR (Items 5.1 through 5.8)
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 5.8. The headings were read, text waived. The motion was carried by the
following vote:
5.1 Approve Meeting Minutes 9
5.2 Waive Reading of Text of Resolutions and Ordinances
5.3 Tree Care and Maintenance Services: Approve a First Amendment with West
Coast Arborists, Inc. to Extend the Term of the Contract and Increase the
Maximum Not-to-Exceed Amount
27
Report Number: 24-0250
Location: No specific geographic location
Department: Public Works
G.C. § 84308: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant
to the California Environmental Quality Act State Guidelines Section 15301 Class
1 (Existing Facilities) and Section 15304 Class 4 (Minor Alterations to Land).
RECOMMENDED ACTION:
Adopt a resolution approving the first amendment to the agreement with West
Coast Arborists, Inc., for tree care and maintenance services to extend the
contract term and increase the maximum not-to-exceed contract amount from
$3,000,000 to $4,500,000 over the term of the agreement.
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5.4 Human Relations Commission: Ratify the Following Changes to the Human
Relations Commission Seat Assignments:
91
At-Large to District 1 Representative
Petrina Branch•
Nadia Kean-Ayub•
At-Large to District 2 Representative
Tiffany Hecklinski•
Sandra Hodge•
At-Large to District 3 Representative
David Diaz•
Mopelola Olaoye•
At-Large to District 4 Representative
Julie Holm•
Leticia Lares-Urquidez•
No Changes to Seat Assignment
Christian Gomez, Youth Advisory Member•
Jeff Redondo, At-Large Member•
Appaswamy “Vino” Pajanor, At-Large Member•
Vacant Seat, At-Large Member•
Report Number: 24-0234
Location: No specific geographic location
Department: City Clerk
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 ratifying the seat reassignments recommended by the City Clerk per
Chula Vista Municipal Code Section 2.25.035 due to eight seats being changed
from at-large to district-based on the Human Relations Commission under
Ordinance No. 3578.
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5.5 Housing Policy: Amend Chula Vista Municipal Code Chapter 19.91 (Inclusionary
Housing)
101
Report Number: 24-0272
Location: No specific geographic location
Department: Housing and Homeless Services and City Clerk
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines;
therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required.
RECOMMENDED ACTION:
Place an ordinance on first reading to amend Chula Vista Municipal Code
Chapter 19.91 (Inclusionary Housing) to update the residential threshold of
applicability from ten to twenty units. (First Reading)
5.6 Grant Award and Appropriation: Accept and Appropriate Grant Funds from the
U.S. Department of Justice for the Community Policing Development Microgrant
Program
107
Report Number: 24-0282
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 accepting $112,745 grant funds from the U.S. Department of
Justice for the Community Policing Development program and appropriating said
funds to the Police Grants Section of the Federal Grants Fund. (4/5 Vote
Required)
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5.7 Agreement: Approve a Legal Services Agreement with Gatzke, Dillon & Balance,
LLP to Provide On-Call Legal Services for the Development Services Department
114
Report Number: 24-0287
Location: No specific geographic location
Departments: Development Services and 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 a Legal Services Agreement with Gatzke, Dillon &
Balance, LLP for on-call legal services to assist the Development Services
Department for a not-to-exceed amount of $350,000.
5.8 Agreement: Approve a First Amendment to the Consultant Services Agreement
with Bureau Veritas North America, Inc. to Provide Building Plan Check and
Building and Fire Inspection Services for the Gaylord Pacific Resort and
Convention Center
127
Report Number: 24-0259
Location: 1000 H Street
Department: Development Services
G.C. § 84308: Yes
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines.
Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required. Notwithstanding the foregoing, the activity qualifies for an
Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines.
RECOMMENDED ACTION:
Adopt a resolution approving a First Amendment to the Agreement for building
plan check and inspection services, including fire inspection services, and
increasing the not-to-exceed amount for the initial term of the Agreement from
$2,000,000 to $3,000,000 for the Gaylord Pacific Resort and Convention Center.
6.PUBLIC COMMENTS 166
Twenty-one minutes are scheduled for the public to address the City Council for three
minutes each on any matter within the jurisdiction of the City Council that is not on the
agenda. The remaining speakers, if any, will be heard during the continued Public
Comment period.
7.ACTION ITEMS
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7.1 Consider Items Removed From the Consent Calendar, if Any
Consider items removed from the consent calendar by the Mayor or a City
Councilmember, if any. If no items were removed from the consent calendar, this
item will be withdrawn.
7.2 Downtown Parking District Meter Rates: Increase Parking Meter Rates in the
Downtown Parking District and Amend Chula Vista Municipal Code Chapters
10.52 and 10.56, and Chapter 13 of the City’s Master Fee Schedule
273
Report Number: 24-0203
Location: Downtown Parking District, bounded by E Street to the north, Del Mar
Avenue to the east, Garret Avenue to the west, and H Street to the south
Department: Finance
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section
15378 of the California Environmental Quality Act (“CEQA”) State Guidelines.
Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental
review is required
RECOMMENDED ACTION:
Place an ordinance on first reading amending Chapter 10.56 of the Chula Vista
Municipal Code “Parking Meters, Parking Meter Zones and Permit Parking” to
amend section 10.56.020 “Meters – Installation and maintenance – Rates of use”
to increase parking meter rates, and to amend section 10.56.040 “Meter zones –
Designated – Time limits authorized in zone – Schedule XI” to reflect current
parking meter zones and time limits, and amending Chapter 10.52 of the Chula
Vista Municipal Code “Stopping, Standing and Parking” to amend section
10.52.480 “Municipal parking lots – Designated – Manner of parking required –
Schedule XV” to reflect current parking lots (First Reading); and adopt a
resolution amending Chapter 13 of the City’s Master Fee Schedule increasing the
parking meter rates.
8.PUBLIC COMMENTS (CONTINUED)
There will be no continued Public Comment period if all speakers present at the first
Public Comment period are heard.
9.CITY MANAGER’S REPORTS
10.MAYOR’S REPORTS
11.COUNCILMEMBERS’ REPORTS
12.CITY CLERK'S REPORTS
13.CITY ATTORNEY'S REPORTS
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*14.ADJOURNMENT
to the regular City Council meeting on November 12, 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.
NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP(S)
In accordance with California Government Code Section 66458(d), notice is hereby given
that the City Engineer has reviewed and, immediately following this City Council meeting
of November 5, 2024, will approve the following final map:
Chula Vista Tract No. 19-03, Otay Ranch Village 8 West Planning Area “L”
Final Map (PRJ24005)
Specifically, the City Engineer has caused the map to be examined and has made the
following findings:
(1) The map substantially conforms to the approved tentative map(s), and any approved
alterations thereof and any conditions of approval imposed with said tentative map(s).
(2) The map complies with the provisions of the Subdivision Map Act and any local
ordinances applicable at the time of approval of the tentative map.
(3) The map is technically correct.
Said map will be finalized and recorded, unless an interested party files a valid appeal of
the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from
the date of this City Council meeting. A valid appeal must identify the improper/incorrect
finding and the basis for such conclusion.
If you have questions about the map approval findings or need additional information
about the map or your appeal right, please feel free to contact Jaime Campos, Principal
Civil Engineer at (619) 409-5483, or at JCampos@chulavistaca.gov.
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City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
October 1, 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 5:00 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by the Scouts Troop 800.
4. SPECIAL ORDERS OF THE DAY
4.1 Oath of Office
Item was not presented.
4.2 Presentation by Veterans Elementary School Regarding the 17th Annual
Honor Our Veterans Parade
Principal of Veterans Elementary School Gregg, Associate Principal Diaz, and
Lieutenant Commander Martinez gave a presentation on the item.
5. CONSENT CALENDAR (Items 5.1 through 5.7)
The following members of the public spoke regarding items on the consent calendar:
Alan C.
John Acosta, Chula Vista resident
Robert
Sandra H.
Ansermio Estrada
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Moved by Mayor McCann
Seconded by Deputy Mayor Gonzalez
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:
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 17, 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 Consider Requests for Excused Absences
Approval of an excused absence request from Councilmember Morineau for 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
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)
Item 5.4 heading:
ORDINANCE NO. 3579 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 (SECOND READING AND ADOPTION)
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
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)
Page 10 of 352
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2024-10-01 City Council Regular Meeting Minutes
Page 3
Item 5.5 headings:
A) RESOLUTION NO. 2024-187 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
B) 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 (FIRST READING)
5.6 Agreements: Approve Amendments to Various Legal Services Agreements to
Provide On-Call and Other Legal Services
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.
Item 5.6 heading:
RESOLUTION NO. 2024-188 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
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
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)
Item 5.7 heading:
RESOLUTION NO. 2024-189 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 (4/5 VOTE REQUIRED)
6. PUBLIC COMMENTS
Alan C. spoke in opposition to increasing taxes.
John Acosta, Chula Vista resident, spoke regarding various topics.
Robert spoke regarding access to City buildings and other various topics.
The following members of the public spoke regarding political signs in the City:
Sharmane Estolano, Chula Vista resident
Cheryl
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2024-10-01 City Council Regular Meeting Minutes
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The following members of the public spoke regarding illegal goats on private property.
Jarod Kernozek, Chula Vista resident
Scott Dufresne, Chula Vista resident
Viva O Faer spoke regarding the horse arena at Rohr Park.
Silvia Irigoyen-Adame spoke regarding detox procedures.
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
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.
Principal Civil Engineer Campos gave a presentation on the item.
Mayor McCann opened the public hearing.
Alan C spoke in opposition to 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. 2024-190, the heading was read, text waived. The motion
was carried by the following vote:
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
Item 7.1 heading:
RESOLUTION NO. 2024-190 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
The meeting was recessed at 6:04 p.m. and resumed at 6:23 p.m.
8. ACTION ITEMS
8.1 Consider Items Removed From the Consent Calendar, if Any
There were none.
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"
Page 12 of 352
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2024-10-01 City Council Regular Meeting Minutes
Page 5
The following members of the public spoke in support of the item:
Ansermio Estrada, Chula Vista resident
Victor Diaz, representing Union Carpenters Local 619
William Hauck, representing Union Carpenters Local 619
Brigette Browning, Chula Vista resident
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
Rob
Cheryl
Sandra Hodge, Chula Vista resident
The following members of the public submitted written comments in opposition to
the item:
Anna
Paula Whitsell
Gina E.
Mary Davis
Delia Dominguez Cervantes
Alan C.
Moved by Councilmember Preciado
Seconded by Councilmember Chavez
To take a support position on Initiative Measure G, "Fund San Diego County
Transportation, Infrastructure, and Safety Through a Half-Cent Sales Tax."
Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Morineau, and Councilmember Preciado
No (1): Mayor McCann
Result, Carried (4 to 1)
9. PUBLIC COMMENTS (CONTINUED)
There were none.
10. CITY MANAGER’S REPORTS
City Manager Kachadoorian provided an update on Fire Chief Muns' recent mutual aid
efforts.
11. MAYOR’S REPORTS
There were none.
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12. COUNCILMEMBERS’ REPORTS
Councilmembers reported on attendance at recent events and made community
announcements.
Councilmember Chavez provided an update on the recent SANDAG board meeting
regarding SR 125.
12.1 Deputy Mayor Gonzalez:
Consider Forming a City Council Subcommittee on Economic Development
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
Moved by Deputy Mayor Gonzalez
Seconded by Councilmember Chavez
To form a subcommittee on Economic Development consisting of Councilmember
Chavez and Deputy Mayor Gonzalez.
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
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.
Mayor McCann recessed the meeting at 7:28 p.m. The City Council convened in closed
session at 7:36 p.m., with all members present.
15.1 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Alan C. spoke regarding public participation at closed session meetings.
Agency designated representatives: Maria Kachadoorian, Courtney Chase, Sarah
Schoen, Tanya Tomlinson, and Marco Verdugo
Page 14 of 352
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Employee organization/Unrepresented Employee(s): IAFF, MM/PR, MMUC,
MMCF, PRUC, PRCF, WCE, CITY MANAGER, EXEC
Action: No Reportable Action
16. ADJOURNMENT
Mayor McCann adjourned the meeting in memory of San Diego Police Officer Austin
Machitar,
The meeting was adjourned at 8:42 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
Page 15 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
October 8, 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, City Clerk Services Malone
Minutes are prepared and ordered to correspond to the agenda.
_____________________________________________________________________
1. CALL TO ORDER
The meeting was called to order at 5:00 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 Preciado.
4. SPECIAL ORDERS OF THE DAY
4.1 Oaths of Office
Measure A Citizens’ Oversight Committee
- Mayra Estrada
- Joel Monreal
Measure P Citizens’ Oversight Committee
- Christos Korgan
City Clerk Bigelow administered the oaths of office.
4.2 Presentation of a Proclamation Proclaiming October 8, 2024, Reserve Police
Captain J. Bowman Day in the City of Chula Vista Commending Him on 53
Years of Dedicated Service
The proclamation was presented.
4.3 Presentation of a Proclamation Proclaiming October 6, Through October 12,
2024, as Code Enforcement Appreciation Week in the City of Chula Vista
The proclamation was presented.
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City of Chula Vista - City Council
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2024-10-08 City Council Regular Meeting Minutes
Page 2
5. CONSENT CALENDAR (Items 5.1 through 5.7)
Councilmember Morineau stated she would abstain from voting on Item 5.3 due to a
potential source of income and common law-related conflict of interest.
The following members of the public spoke regarding items on the consent calendar:
Alan C.
John Acosta, Chula Vista resident
Robert submitted written comments regarding items on the consent calendar.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To approve the recommended actions appearing below consent calendar Items 5.1, 5.2
and 5.4 through 5.7. 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)
Moved by Mayor McCann
Seconded by Councilmember Preciado
To approve the recommended action appearing below consent calendar Item 5.3. The
heading was read, text waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado,
and Mayor McCann
Abstain (1): Councilmember Morineau
Result, Carried (4 to 0)
5.1 Waive Reading of Text of Resolutions and Ordinances
Approval of a motion to read only the title and waive the reading of the text of all
resolutions and ordinances at this meeting.
5.2 Conflict of Interest Code: Adopt an Ordinance to Amend the Conflict of
Interest Code Under CVMC 2.02
Adopt an ordinance amending Chula Vista Municipal Code Chapter 2.02 relating to
the Conflict of Interest Code. (Second Reading and Adoption)
Item 5.2 heading:
ORDINANCE NO. 3580 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 (SECOND READING AND
ADOPTION)
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5.3 American Rescue Plan Act: Approve an Agreement with SBCS Corporation
for the Domestic Violence Program and Appropriate Funds
Item 5.3 heading:
RESOLUTION NO. 2024-191 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA (1) APPROVING AN AGREEMENT WITH THE SBCS CORPORATION FOR
DOMESTIC VIOLENCE SERVICES; AND 2) AUTHORIZING AND
APPROPRIATING INTEREST EARNED ON AMERICAN RESCUE PLAN ACT
FUNDS THEREFOR (4/5 VOTE REQUIRED)
5.4 CIP Creation and Transfer of Funds: Establish “Hilltop Park Slope
Stabilization (DRN0221),” Amend the American Rescue Plan Act Spending
Plan and Transfer ARPA Funds and Drainage DIF Funds from Telegraph
Canyon Channel Project (DRN0208) to DRN0221
Adopt a resolution amending the FY 2024-25 CIP Program by establishing a new
CIP project, “Hilltop Park Slope Stabilization” (DRN0221), amending the American
Rescue Plan Act Spending Plan by Transferring $1,862,275 in ARPA Funds from
Telegraph Canyon Channel Project (DRN0208) to DRN0221, and Transferring
$1,137,725 in Drainage DIF Funds from DRN0208 to DRN0221. (4/5 Vote
Required)
Item 5.4 heading:
RESOLUTION NO. 2024-192 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING THE FISCAL YEAR 2024-25 CIP PROGRAM BUDGET BY
ESTABLISHING A NEW CIP PROJECT, “HILLTOP PARK SLOPE STABILIZATION”
(DRN0221), AMENDING THE AMERICAN RESCUE PLAN ACT SPENDING PLAN
BY TRANSFERRING ARPA FUNDS FROM TELEGRAPH CANYON CHANNEL
PROJECT (DRN0208) TO DRN0221, AND TRANSFERRING DRAINAGE DIF
FUNDS FROM DRN0208 TO DRN0221 (4/5 VOTE REQUIRED)
5.5 Agreement: Approve an Agreement with Logicalis for Network Design and
Build
Adopt a resolution approving an agreement with Logicalis for network design and
build to enhance performance and scalability, fortify our cybersecurity posture, and
position the City for future growth and innovation.
Item 5.5
RESOLUTION NO. 2024-193 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A CONTRACTOR/SERVICE PROVIDER SERVICES
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LOGICALIS, INC. TO
PROVIDE NETWORK DESIGN & BUILD FOR PROJECT GGV0274
5.6 Grant Award and Agreement: Accept and Appropriate Grant Funds from the
California Office of Traffic Safety for a Pedestrian and Bicycle Safety
Program and Approve an Agreement with Circulate San Diego to Administer
the Program
Adopt resolutions A) Approving a grant agreement between the City and California
Office of Traffic Safety, accepting $174,500 grant funds for the Pedestrian and
Bicycle Safety Program and appropriating $130,875 to the Police Grants Section of
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the Federal Grants Fund (4/5 Vote Required); and B) Waiving the competitive
formal bid requirement and approving an agreement with WalkSanDiego doing
business as Circulate San Diego to administer the Pedestrian and Bicycle Safety
Program.
Item 5.6 headings:
A) RESOLUTION NO. 2024-194 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 PEDESTRIAN AND BICYCLE SAFETY PROGRAM, AND APPROPRIATING
FUNDS THEREFOR (4/5 VOTE REQUIRED)
B) RESOLUTION NO. 2024-195 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT AND
APPROVING AN AGREEMENT WITH WALKSANDIEGO DOING BUSINESS AS
CIRCULATE SAN DIEGO TO ADMINISTER THE PEDESTRIAN AND BICYCLE
SAFETY PROGRAM
5.7 Agreement: Approve a Legal Service Agreement with Christensen & Spath,
LLC to Provide Housing-Related Legal Services
Adopt a resolution approving a Legal Services Agreement with Christensen &
Spath, LLC for housing-related legal services.
Item 5.7 heading:
RESOLUTION NO. 2024-196 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING A LEGAL SERVICES AGREEMENTS FOR HOUSING-
RELATED LEGAL SERVICES BETWEEN CITY AND CHRISTENSEN & SPATH,
LLP
6. PUBLIC COMMENTS
Alan C. spoke regarding tolls on the SR-125.
John Acosta, Chula Vista resident, spoke regarding various topics.
The following members of the public spoke regarding the horse arena at Rohr Park:
Lions Pistol
Mickey
Cheryl spoke regarding spoke regarding political signs in the City.
The following members of the public spoke regarding matters related to homelessness.
Silvia Irigoyen-Adame
Mario
Jenne Fredrickson spoke regarding cannabis taxes.
Robert submitted written comments.
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7. PUBLIC HEARINGS
7.1 HUD Entitlement Grants: Adopt a First Amendment to the U.S. Department of
Housing and Urban Development Fiscal Year 2024-25 Annual Action Plan,
Amend Fiscal Year 2024-25 CIP Budget, Appropriate Funds, and Adopt 2025-
2029 Citizen Participation Plan
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.
Management Analyst Barnard gave a presentation on the item.
Councilmember Morineau stated she would abstain from voting on the item due to
a potential source of income and common law-related conflict of interest and she
left the dais during the discussion and voting on the item.
Mayor McCann opened the public hearing.
The following members of the public spoke in opposition to the item:
John Acosta, Chula Vista resident
Alan C.
Robert submitted written comments
Alexis Grant 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 Nos. 2024-197 and 2024-198, headings were read, text
waived. The motion was carried by the following vote:
Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Preciado, and Mayor McCann
Abstain (1): Councilmember Morineau
Result, Carried (4 to 0)
Item 7.1 headings:
A) RESOLUTION NO. 2024-197 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE FIRST AMENDMENT TO THE 2024-25
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
ANNUAL ACTION PLAN, APPROPRIATING FUNDS THEREFOR, AND
AMENDING FISCAL YEAR 2024-25 OPERATING AND CIP BUDGET (4/5 VOTE
REQUIRED)
B) RESOLUTION NO. 2024-198 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT 2025-2029 CITIZEN PARTICIPATION PLAN FOR THE CITY OF
CHULA VISTA
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8. ACTION ITEMS
8.1 Consider Items Removed From the Consent Calendar, if Any
There were none.
8.2 CIP Contract: Accept Bids and Award a Contract to Flatiron West, Inc for the
Heritage Road Bridge Replacement (STM0386) & Main Street Widening
Projects (STM0388)
Acting City Engineer/Assistant Director of Engineering Flores gave a presentation.
Alan C. spoke expressing a neutral position on the item.
Robert submitted written comments in opposition to the item.
Moved by Deputy Mayor Gonzalez
Seconded by Mayor McCann
To adopt Resolution No. 2024-199, 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. 2024-199 OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING BIDS AND AWARDING A CONTRACT BETWEEN THE CITY
AND FLATIRON WEST, INC. FOR THE “HERITAGE ROAD BRIDGE
REPLACEMENT (STM0386) AND MAIN STREET WIDENING (STM0388)”
PROJECTS
8.3 Employee Compensation: Amended Compensation Schedule to Reflect
Salary Adjustments for City Manager, Assistant City Manager, and Chief of
Police; Amended City Manager Employment Agreement; Revised Fiscal Year
2024-25 Compensation Schedule
City Manager Kachadoorian stated she would recuse herself from the dais during
the discussion on the item as it affected her compensation.
Deputy City Manager Chase announced that approval of the item would affect
executive compensation.
The following members of the public spoke in opposition to the item:
Alan C.
John Acosta, Chula Vista resident
Robert submitted written comments
Name submitted written comments in opposition to the item.
Moved by Councilmember Preciado
Seconded by Councilmember Chavez
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To adopt Resolution Nos. 2024-200 through 2024-202, 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. 2024-200 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION SCHEDULE TO REFLECT
SALARY ADJUSTMENTS FOR CITY MANAGER, ASSISTANT CITY MANAGER,
AND CHIEF OF POLICE POSITIONS
B) RESOLUTION NO. 2024-201 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A SALARY ADJUSTMENT FOR THE CITY
MANAGER AND AMENDING THE CITY MANAGER EMPLOYMENT
AGREEMENT
C) RESOLUTION NO. 2024-202 OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2024-25
COMPENSATION SCHEDULE EFFECTIVE OCTOBER 18, 2024, AS REQUIRED
BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5
8.4 Designated Representative: Select a Designated Representative for Purposes
of Closed Session Discussion Pursuant to Government Code Section
54957.6 Regarding City Clerk Compensation
City Clerk Bigelow stated she would recuse herself from the dais during the
discussion on the item as it related to her compensation.
Moved by Mayor McCann
Seconded by Councilmember Preciado
To select Mayor McCann and Councilmember Preciado as the designated
representatives for purposes of conducting a closed session discussion pursuant to
Government Code section 54957.6 regarding the City Clerk’s compensation.
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
9. PUBLIC COMMENTS (CONTINUED)
There were none.
10. CITY MANAGER’S REPORTS
City Manager Kachadoorian provided an update related to cannabis sales.
11. MAYOR’S REPORTS
11.1 Ratification of Appointment to the following Commissions:
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Cultural Arts Commission
- Sanja Jing
- Giancarlo Ruiz
Housing and Homelessness Advisory Commission
- Gerardo Contreras
Parks and Recreation Commission
- Johnnie Welborne III
Privacy Protection and Technology Advisory Commission
- Richard Pulido
Alan C. spoke regarding the duties of the Housing and Homelessness Advisory
Commission.
John Acosta, Chula Vista resident, spoke regarding transparency related to
housing.
Moved by Mayor McCann
Seconded by Councilmember Chavez
To ratify the appointments. The motion was carried by the following vote.
Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember
Morineau, Councilmember Preciado, and Mayor McCann
Result, Carried (5 to 0)
12. COUNCILMEMBERS’ REPORTS
There were none.
13. CITY CLERK'S REPORTS
City Clerk Bigelow provided information related to the upcoming election.
Robert submitted written comments.
14. CITY ATTORNEY'S REPORTS
There were none.
15. ADJOURNMENT
The meeting was adjourned at 6:53 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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City of Chula Vista
Regular City Council Meeting
MINUTES
Date:
Location:
October 15, 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 5:00 p.m.
2. ROLL CALL
City Clerk Bigelow called the roll.
3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Led by City Attorney Verdugo.
4. SPECIAL ORDERS OF THE DAY
4.1 Oaths of Office
Cultural Arts Commission
- Sanja Jing
- Giancarlo Ruiz
Housing and Homelessness Advisory Commission
- Gerardo Contreras
Parks and Recreation Commission
- Johnnie Welborne III
City Clerk Bigelow administered the oaths of office.
5. PUBLIC COMMENTS
Alan C. spoke regarding SR-125 tolls.
John Acosta, Chula Vista resident, spoke regarding various topics.
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Joseph Raso, Chula Vista resident, spoke in opposition to the Tenant Protection
Ordinance.
Jenne Fredrickson spoke regarding Measure P.
Lions Pistol spoke regarding the horse arena at Rohr Park.
Juan Carlos Linares, Chula Vista resident, spoke regarding water and sewer rates.
Resident submitted written comments regarding matters related to homelessness.
6. CITY MANAGER’S REPORTS
There were none.
7. MAYOR’S REPORTS
There were none.
8. COUNCILMEMBERS’ REPORTS
Councilmember Morineau announced an upcoming community forum for District Four.
9. CITY CLERK'S REPORTS
There were none.
10. CITY ATTORNEY'S REPORTS
There were none.
11. 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.
Mayor McCann recessed the meeting at 5:25 p.m. The City Council convened in closed
session at 5:29 p.m., with all members present.
11.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to
Government Code Section 54956.9(d)(1)
Name of case:
A) Arturo Castanares v. City of Chula Vista, San Diego Superior Court, Case No.
37-2021-00017713-CU-MC-CTL, and
Action: No Reportable Action
B) City of Chula Vista v. Slade Fischer, San Diego Superior Court, Case No.
24CU006375C
Action: No Reportable Action
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11.2 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
City designated representatives: Councilmember Jose Preciado, Mayor John
McCann, and Marco Verdugo
Employee organization/Unrepresented Employee: City Clerk
Action: No Reportable Action
11.3 Conference with Labor Negotiators Pursuant to Government Code Section
54957.6
Agency designated representatives: Maria Kachadoorian, Courtney Chase, Marco
Verdugo, Tanya Tomlinson, and Sarah Schoen
Employee organization: IAFF, MM/PR, WCE
Action: No Reportable Action
12. ADJOURNMENT
The meeting was adjourned at 7:52 p.m.
Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services
_________________________
Kerry K. Bigelow, MMC, City Clerk
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November 5, 2024
ITEM TITLE
Tree Care and Maintenance Services: Approve a First Amendment with West Coast Arborists, Inc. to Extend
the Term of the Contract and Increase the Maximum Not-to-Exceed Amount
Report Number: 24-0250
Location: No specific geographic location
Department: Public Works
G.C. § 84308: No
Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California
Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304
Class 4 (Minor Alterations to Land).
Recommended Action
Adopt a resolution approving the first amendment to the agreement with West Coast Arborists, Inc., for tree
care and maintenance services to extend the contract term and increase the maximum not-to-exceed
contract amount from $3,000,000 to $4,500,000 over the term of the agreement.
SUMMARY
On July 26, 2022, the Public Works Department entered into a cooperative agreement for citywide tree care
and maintenance services with West Coast Arborists, Inc. (Agreement No. 2022 -120). Approval of this item
will (1) exercise the second option to extend the term of the agreement to now end June 30, 2026 and (2)
increase the maximum not-to-exceed contract amount for West Coast Arborists, Inc. to provide these
services, from $3,000,000 to $4,500,000 over the full term of the agreement. This would allow for expanded
tree care and maintenance to be provided during the original contract term.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project qualifies for a Categorical Exemption
pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and Section 15304 Class 4
(Minor Alterations to Land) because the proposed project would not result in a significant effect on the
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environment, create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in
the significance of a historical resource. Thus, no further environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On July 26, 2022, the Public Works Department entered into a cooperative agreement for citywide tree care
and maintenance services with West Coast Arborists, Inc. (WCA) via Resolution 2022 -177. Services that the
City may require include, but are not limited to:
Perform trimming of each of the four segments of the annual contract (i.e. Broadleaf trees, Pine Trees,
Eucalyptus, and Palm trees)
General pruning
Full pruning
Crown raising
Tree and Stump removal
Root pruning
Tree pest treatment
Tree planting
Provide Emergency Work and Call Out
The initial term of the agreement was through June 30, 2024 and was not-to-exceed $1,500,000. If both
options to extend the contract were elected the contract maximum was not-to-exceed $3,000,000. Since
approval of the initial agreement with WCA, Staff has executed the first option to extend through June 30,
2025. As the City has been satisfied with the performance of West Coast Arborists, Inc. staff is recommending
extending the contract for the full term to include the final optional one-year extension. With this change,
the contract will now end June 30, 2026.
During the initial term of the agreement (ending June 30, 2024) the City utilized approximately $1,500,000
of the contract amount. In the current year the contract includes another $750,000 for tree care and
maintenance services. Funding is allocated within the Measure P expenditure plan for other infrastructure
maintenance such as trees, storm drains, and sidewalks. Tree maintenance is considered infrastructure
maintenance which is eligible for funding from these proceeds. At times, the Wastewater Maintenance crews
run into sewer lines that are damaged by trees and require tree maintenance services before repairing the
sewer lines. When the initial contract was developed, funding from other funds such as Measure P and the
Sewer Service Fund were not taken into account, which increased the number of trees to be serviced. Due to
the number of trees that are scheduled for maintenance in the current fiscal year, the City anticipates
reaching the current maximum not to exceed limitation of $3,000,000 sooner than expected. Staff is
requesting that the maximum not to exceed amount be increased to $4,500,000 to avoid delays and continue
to allow staff to utilize WCA to provide tree care and maintenance services over the remaining life of the
contract.
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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 Council member, of any other fact that may
constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
The fiscal year 2024-25 Public Works Department – General Fund, Measure P, and Sewer Service Fund
budgets include funding for this contract. There is no current fiscal year impact as a result of approval of the
resolution.
ONGOING FISCAL IMPACT
The annual number of trees maintained can vary due to the amount of available budget and need. Funding
for the contract will be included in the annual budgets for Public Works Department, Measure P, and
Wastewater Funds as part of the annual budget process in future years.
ATTACHMENTS
1. Original Cooperative Purchasing Agreement between City of Chula Vista and West Coast Arborists,
Inc. to Provide Tree Maintenance Services
2. Proposed First Amendment to the West Coast Arborists, Inc. Tree Maintenance Services Agreement
Staff Contact: Angelica Aguilar, Assistant Director of Public Works
Tessa Nguyen, Principal Management Analyst
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RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE COOPERATIVE AGREEMENT WITH WEST COAST
AROBORISTS, INC. TO PROVIDE TREE MAINTENANCE
SERVICES
WHEREAS, the City has the need for complete tree maintenance service of Chula Vista’s
urban forest trees; and
WHEREAS, City previously entered into a Cooperative Purchasing Agreement with West
Coast Arborists, Inc., to provide Tree Maintenance Services (“Agreement”), which was approved
by City Council on July 26, 2022 via City Council Resolution 2022-177; and
WHEREAS, West Coast Arborists, Inc. (“WCA”) warrants and represents that it is
experienced and staffed in a manner such that it can deliver the services requir ed in accordance
with the time frames and the terms of the Agreement; and
WHEREAS, due to the higher than anticipated need for tree maintenance, WCA is
estimated to reach the $3,000,000 maximum not-to-exceed amount in the Agreement earlier than
anticipated; and
WHEREAS, the City and WCA desire to exercise the second option to extend the
Agreement to June 30, 2026 and to amend the Agreement to increase the not-to exceed limit from
$3,000,000 to $4,500,000 to allow WCA to continue to provide as-needed, tree maintenance
services; and
WHEREAS, staff recommends that the City Council approve the first amendment to the
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the First Amendment to the City of Chula Vista Cooperative Agreement with West
Coast Arborists, Inc. to provide Tree Maintenance Services, in the form presented, with such minor
modifications as may be required or approved by the City Attorney, directs the City Manager or
designee to execute the same, and directs that an executed copy be kept on file with the Office of
the City Clerk.
Presented by Approved as to form by
Matthew Little, P.E. Marco A. Verdugo
Deputy City Manager/Director of Public Works City Attorney
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CITY OF CHULA VISTA
COOPERATIVE PURCHASING AGREEMENT
WITH WEST COAST ARBORIST, INC.
TO PROVIDE TREE MAINTENANCE SERVICES
This Cooperative Purchasing Agreement (“Agreement”) is made and entered into between
the City of Chula Vista (“City”) and West Coast Arborist, Inc. (“Contractor”) (collectively, the
Parties” and, individually, a “Party”) with reference to the following facts:
RECITALS
WHEREAS, Contractor was selected by County of Orange California to perform Tree Care
and Maintenance Services pursuant to Contract MA-012-220110006 with West Coast Arborist,
Inc. for Tree Care and Maintenance Services, which is attached hereto as Exhibit A and
incorporated herein by this reference (“Original Contract”);
WHEREAS, section 2.56.140 of the Chula Vista Municipal Code authorizes the City to
contract for goods or services through a cooperative purchasing arrangement provided the goods
or services were purchased through a competitive process that the Purchasing Agent determines to
be consistent with good purchasing practices;
WHEREAS, City has a need for complete tree maintenance service of Chula Vista’s urban
forest trees;
WHEREAS, City desires to enter into an agreement with Contractor through a cooperative
purchasing arrangement on the terms and conditions set forth in Original Contract and this
Agreement;
WHEREAS, Contractor warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Contractor to City in accordance with the
time frames and the terms and conditions of this Agreement.
OBLIGATORY PROVISIONS
NOW, THEREFORE, for and in consideration of the above recitals, the covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
the Parties hereby acknowledge, City and Contractor hereby agree as follows:
1.Required Services
Contractor agrees to perform all services, and deliver to City all deliverables (if any), as described
in Exhibit A (Original Contract) and further described below:
The Contractor will perform and complete tree pruning, tree/stump/removal services, tree care,
and tree maintenance, and all other Required Services at locations and times as directed by the
City.
ACN# 2022-120
DocuSign Envelope ID: A4B78905-4C2D-4FD9-9270-B4849A900B23
R2022-177
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The services and/or deliverables described in Original Contract and above shall be referred to
herein as the “Required Services.” Without limiting Contractor’s obligations to strictly comply
with all terms and conditions of this Agreement, Contractor acknowledges and agrees to perform
the Required Services in strict accordance with Exhibit A (Original Contract) and Exhibit B
Required Services General Provisions) which are attached hereto and incorporated herein by
reference.
2.Term of the Agreement
The initial term of this Agreement is July 26, 2022 (“Effective Date”) and it terminates June 30,
2024, unless terminated as provided herein (the “Initial Term”). Notwithstanding the completion
date set forth for the Initial Term above, the City has the option to extend this Agreement for two
2) additional terms, defined as a one-year increment. The City Manager or Director of Finance
shall be authorized to exercise the an option to extend on behalf of the City. If the City exercises
an option to extend, each extension shall be on the same terms and conditions contained in this
Agreement.
3.Payment Terms
For performance of the Required Services by Contractor, City shall pay Contractor as provided in
Exhibit C, which is attached hereto and are incorporated herein by reference. The reimbursement
for productive hours spent or expenses incurred in the performance of this Agreement shall be
made only upon acceptance by City of Contractor’s invoice and supporting documentation.
4.Insurance
Contractor must procure and maintain insurance in strict accordance with the Insurance
Requirements identified in Exhibit D, which is attached hereto and are incorporated herein by
reference.
5.Indemnity
Contractor must indemnify, defend, and hold harmless the Indemnified Parties (as defined in
Exhibit E) as provided in Exhibit E, which is attached hereto and are incorporated herein by
reference.
6.Authorized Representatives and Notices
The City hereby designates as its Authorized Representative:
Steve Padilla, Public Works Manager
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Kalani Camacho, Superintendent
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
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All notices, demands or requests provided for or permitted to be given pursuant to this Agreement
must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or serviced if personally served or deposited in the United States mail,
addressed to such Party, postage prepaid, register or certified, with return receipt requested, at the
addressee[s] identified in this Agreement.
Notices, demands or requests sent to City shall be submitted to:
Steve Padilla, Public Works Manager
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Kalani Camacho, Superintendent
Department of Public Works
1800 Maxwell Road
Chula Vista, CA 91911
Notices, demands or requests sent to Contractor shall be submitted to:
West Coast Arborist, Inc.
Attn: Victor Gonzalez
2200 East Via Burton St.
Anaheim, CA 92806-1221
714-991-1900
vgonzalez@wcainc.com
7. Remedies.
7.1 Termination for Cause. If for any reason whatsoever Contractor shall fail to perform the
Required Services under this Agreement, in a proper or timely manner, or if Contractor shall
violate any of the other covenants, agreements or conditions of this Agreement (each a “Default”),
in addition to any and all other rights and remedies City may have under this Agreement, at law or
in equity, City shall have the right to terminate this Agreement by giving five (5) days written
notice to Contractor. Such notice shall identify the Default and the Agreement termination date.
If Contractor notifies City of its intent to cure such Default prior to City’s specified termination
date, and City agrees that the specified Default is capable of being cured, City may grant Contractor
up to ten (10) additional days after the designated termination date to effectuate such cure. In the
event of a termination under this Section 7.a, Contractor shall immediately provide City any and
all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any
other materials or properties produced in whole or in part under this Agreement (“Work Product”)
in connection with the performance of the Required Services work product prepared by Contractor
as part of the Required Services. Such Work Product shall be City's sole and exclusive property.
Contractor may be entitled to compensation for work satisfactorily performed prior to Contractor’s
receipt of the Default notice; provided, however, in no event shall such compensation exceed the
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amount that would have been payable under this Agreement for such work, and any such
compensation shall be reduced by any costs incurred or projected to be incurred by City as a result
of the Default.
7.2 Termination or Suspension for Convenience of City. City may suspend or terminate this
Agreement, or any portion of the Required Services, at any time and for any reason, with or without
cause, by giving specific written notice to Contractor of such termination or suspension at least
fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor shall
immediately cease all work under the Agreement and promptly deliver all Work Product to City.
Such Work Product shall be City's sole and exclusive property. Contractor shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount
due and payable under this Agreement for work satisfactorily performed as of the date of the
termination/suspension notice plus any additional remaining Required Services requested or
approved by City in advance that would maximize City’s value under the Agreement.
7.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms
of this section, Contractor hereby expressly waives any and all claims for damages or
compensation as a result of such termination except as expressly provided in this Section 7.
7.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be
brought arising out of this Agreement against City unless a claim has first been presented in writing
and filed with City and acted upon by City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may be amended, the provisions of which,
including such policies and procedures used by City in the implementation of same, are
incorporated herein by this reference. Upon request by City, Contractor shall meet and confer in
good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
8. Conflicts or Discrepancies
In the event of any inconsistencies, conflicts, or discrepancies between any of the provisions and/or
attachments of the Original Contract and this Agreement, the inconsistency shall be resolved by
giving precedence in the following order:
1) This Agreement
2) Original Contract
9. General Provisions
9.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
9.2 Assignment. City would not have entered into this Agreement but for Contractor’s unique
qualifications and traits. Contractor shall not assign any of its rights or responsibilities under this
Agreement, nor any part hereof, without City’s prior, written consent, which City may grant,
condition, or deny in its sole discretion.
9.3 Authority. The person(s) executing this Agreement for Contractor warrants and represents
that they have the authority to execute same on behalf of Contractor and to bind Contractor to its
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obligations hereunder without any further action or direction from Contractor or any board,
principle or officer thereof.
9.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which shall constitute one Agreement after each Party has signed
such a counterpart.
9.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other
agreements expressly referred to herein, constitutes the entire Agreement between the Parties with
respect to the subject matter contained herein. All exhibits referenced herein shall be attached
hereto and are incorporated herein by reference. All prior or contemporaneous agreements,
understandings, representations, warranties and statements, oral or written, are suspended.
9.6 Record Retention. During the course of this Agreement and for three (3) years following
completion of the Services, Contractor agrees to maintain, intact and readily accessible, all data,
documents, reports, records, contracts, and supporting materials relating to the performance of this
Agreement, including accounting for costs and expenses charged to City, including such records
in possession of sub-contractors.
9.7 Further Assurances. The Parties agree to perform such further acts and to execute and
deliver such additional documents and instruments as may be reasonably required in order to carry
out the provisions of this Agreement and the intentions of the Parties.
9.8 Independent Contractor. Contractor is and shall at all times remain as to City a wholly
independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall
have control over the conduct of Contractor or any of Contractor’s officers, employees, or agents
Contractor Related Individuals”), except as set forth in this Agreement. No Contractor Related
Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits
to which City employees are entitled, including but not limited to, overtime, retirement benefits,
worker’s compensation benefits, injury leave or other leave benefits. Furthermore, City will not
withhold state or federal income tax, social security tax or any other payroll tax with respect to
any Contractor Related Individuals; instead, Contractor shall be solely responsible for the payment
of same and shall hold City harmless with respect to same. Contractor shall not at any time or in
any manner represent that it or any of its Contractor Related Individuals are employees or agents
of City. Contractor shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and
Contractor agree that they have read and understood all terms and conditions of this Agreement,
that they fully agree and consent to bound by same, and that they are freely entering into this
Agreement as of the Effective Date.
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EST COAST ARBORIST CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
Patrick Mahoney MARY CASILLAS SALAS
President MAYOR
ATTEST
BY:
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
Glen R. Googins
City Attorney
EXHIBITS
A – Original Contract, Contract No. MA-012-22010006
B – Required Services General Provisions
C – Payment Terms
D – Insurance Requirements
E – Indemnity Requirements
F – Contractor Conflict of Interest Designation
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EXHIBIT A
ORIGINAL CONTRACT
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CONTRACT MA-012-22010006
FOR
TREE CARE AND MAINTENANCE SERVICES
BETWEEN
THE COUNTY OF ORANGE, OC COMMUNITY RESOURCES
AND
WEST COAST ARBORISTS, INC.
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CONTRACT MA-012-22010006
WITH
WEST COAST ARBORISTS, INC.
FOR
TREE CARE AND MAINTENANCE SERVICES
This Contract MA-012-22010006 for Tree Care and Maintenance Services, hereinafter referred to
as “Contract” is made and entered into as of the date fully executed by and between the County of Orange,
a political subdivision of the State of California on behalf of OC Community Resources, hereinafter referred
to as “County” and West Coast Arborists, Inc., with a place of business at 2200 East Via Burton St.,
Anaheim, CA 92806-1221, hereinafter referred to as “Contractor”, with County and Contractor sometimes
individually referred to as “Party”, or collectively referred to as “Parties”.
ATTACHMENTS
This Contract is comprised of this document and the following Attachments, which are attached
hereto and incorporated by reference into this Contract:
Attachment A – Scope of Work
Attachment B – Payment and Compensation
Attachment C – Cost Proposal
Attachment D – Staffing Plan
Exhibit 1 – Aerial Maps for OC Parks
Exhibit 2 – OC Parks Tree Inventory
Exhibit 3 – OC Public Libraries and OC Animal Care Tree Inventory
RECITALS
WHEREAS, County solicited Contract for Tree Care and Maintenance Services as set forth herein,
and Contractor responded and represented that it is qualified to provide Tree Care and Maintenance Services
to County as further set forth here; and
WHEREAS, Contractor agrees to provide Tree Care and Maintenance Services to County as
further set forth in the Scope of Work, attached hereto as Attachment A; and
WHEREAS, County agrees to pay Contractor based on the schedule of fees set forth in Payment
and Compensation, attached hereto as Attachment B; and
WHEREAS, the Orange County Board of Supervisors has authorized the Purchasing Agent or
designee to enter into Contract for Tree Care and Maintenance Services with Contractor; and
NOW, THEREFORE, the Parties mutually agree as follows:
ARTICLES
I. General Terms and Conditions:
A. Governing Law and Venue: This Contract has been negotiated and executed in the state of
California and shall be governed by and construed under the laws of the state of California. In the
event of any legal action to enforce or interpret this Contract, the sole and exclusive venue shall be
a court of competent jurisdiction located in Orange County, California, and the parties hereto agree
to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure
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Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that
an action be transferred for adjudication to another county.
B. Entire Contract: This Contract contains the entire Contract between the parties with respect to
the matters herein, and there are no restrictions, promises, warranties or undertakings other than
those set forth herein or referred to herein. No exceptions, alternatives, substitutes or revisions are
valid or binding on County unless authorized by County in writing. Electronic acceptance of any
additional terms, conditions or supplemental Contracts by any County employee or agent, including
but not limited to installers of software, shall not be valid or binding on County unless accepted in
writing by County’s Purchasing Agent or designee.
C. Amendments: No alteration or variation of the terms of this Contract shall be valid unless made
in writing and signed by the parties; no oral understanding or agreement not incorporated herein
shall be binding on either of the parties; and no exceptions, alternatives, substitutes or revisions are
valid or binding on County unless authorized by County in writing.
D. Taxes: Unless otherwise provided herein or by law, price quoted does not include California state
sales or use tax. Out-of-state Contractors shall indicate California Board of Equalization permit
number and sales permit number on invoices, if California sales tax is added and collectable. If no
permit numbers are shown, sales tax will be deducted from payment. The Auditor-Controller will
then pay use tax directly to the State of California in lieu of payment of sales tax to Contractor.
E. Delivery: Time of delivery of commodities and services is of the essence in this Contract. County
reserves the right to refuse any commodities and services and to cancel all or any part of the
commodities not conforming to applicable specifications, drawings, samples or descriptions or
services that do not conform to the prescribed scope of work. Acceptance of any part of the order
for commodities shall not bind County to accept future shipments nor deprive it of the right to
return commodities already accepted at Contractor’s expense. Over shipments and under shipments
of commodities shall be only as agreed to in writing by County. Delivery shall not be deemed to
be complete until all commodities or services have actually been received and accepted in writing
by County.
F. Acceptance Payment: Unless otherwise agreed to in writing by County, 1) acceptance shall not
be deemed complete unless in writing and until all the commodities/services have actually been
received, inspected, and tested to the satisfaction of County, and 2) payment shall be made in arrears
after satisfactory acceptance.
G. Warranty: Contractor expressly warrants that the commodities covered by this Contract are 1)
free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they
are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order
shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its
indemnities as identified in paragraph “Z” below, and as more fully described in paragraph “Z,”
harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or
sustained by County by reason of the failure of the commodities/services to conform to such
warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any
applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety
and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition
to any other remedies provided by law.
H. Patent/Copyright Materials/Proprietary Infringement: Unless otherwise expressly provided in
this Contract, Contractor shall be solely responsible for clearing the right to use any patented or
copyrighted materials in the performance of this Contract. Contractor warrants that any software
as modified through services provided hereunder will not infringe upon or violate any patent,
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proprietary right, or trade secret right of any third party. Contractor agrees that, in accordance with
the more specific requirement contained in paragraph “Z” below, it shall indemnify, defend and
hold County and County Indemnitees harmless from any and all such claims and be responsible for
payment of all costs, damages, penalties and expenses related to or arising from such claim(s),
including, costs and expenses but not including attorney’s fees.
I. Assignment: The terms, covenants, and conditions contained herein shall apply to and bind the
heirs, successors, executors, administrators and assigns of the parties. Furthermore, neither the
performance of this Contract nor any portion thereof may be assigned by Contractor without the
express written consent of County. Any attempt by Contractor to assign the performance or any
portion thereof of this Contract without the express written consent of County shall be invalid and
shall constitute a breach of this Contract.
J. Non-Discrimination: In the performance of this Contract, Contractor agrees that it will comply
with the requirements of Section 1735 of the California Labor Code and not engage nor permit any
subcontractors to engage in discrimination in employment of persons because of the race, religious
creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
marital status, or sex of such persons. Contractor acknowledges that a violation of this provision
shall subject Contractor to penalties pursuant to Section 1741 of the California Labor Code.
K. Termination: In addition to any other remedies or rights it may have by law, County has the right
to immediately terminate this Contract without penalty for cause or after 30 days’ written notice
without cause, unless otherwise specified. Cause shall be defined as any material breach of
contract, any misrepresentation or fraud on the part of Contractor. Exercise by County of its right
to terminate Contract shall relieve County of all further obligation.
L. Consent to Breach Not Waiver: No term or provision of this Contract shall be deemed waived
and no breach excused, unless such waiver or consent shall be in writing and signed by the party
claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the
other, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other
different or subsequent breach.
M. Independent Contractor: Contractor shall be considered an independent contractor and neither
Contractor, its employees, nor anyone working under Contractor shall be considered an agent or an
employee of County. Neither Contractor, its employees nor anyone working under Contractor shall
qualify for workers’ compensation or other fringe benefits of any kind through County.
N. Performance Warranty: Contractor shall warrant all work under this Contract, taking necessary
steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible
for the professional quality, technical assurance, timely completion and coordination of all
documentation and other commodities/services furnished by Contractor under this Contract.
Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner;
shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall
at its sole expense obtain and maintain all permits and licenses required by public authorities,
including those of County required in its governmental capacity, in connection with performance
of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed
by subcontractors.
O. Insurance: Prior to the provision of services under this contract, Contractor agrees to purchase all
required insurance at Contractor’s expense, including all endorsements required herein, necessary
to satisfy County that the insurance provisions of this contract have been complied with. Contractor
agrees to keep such insurance coverage, Certificates of Insurance, and endorsements on deposit
with County during the entire term of this contract. In addition, all subcontractors performing work
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on behalf of Contractor pursuant to this contract shall obtain insurance subject to the same terms
and conditions as set forth herein for Contractor.
Contractor shall ensure that all subcontractors performing work on behalf of Contractor pursuant
to this contract shall be covered under Contractor’s insurance as an Additional Insured or maintain
insurance subject to the same terms and conditions as set forth herein for Contractor. Contractor
shall not allow subcontractors to work if subcontractors have less than the level of coverage
required by County from Contractor under this contract. It is the obligation of Contractor to provide
notice of the insurance requirements to every subcontractor, and to receive proof of insurance prior
to allowing any subcontractor to begin work. Such proof of insurance must be maintained by
Contractor through the entirety of this contract for inspection by County representative(s) at any
reasonable time.
All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any self-
insured retention (SIR) in an amount in excess of Fifty Thousand Dollars ($50,000) shall
specifically be approved by County’s Risk Manager, or designee, upon review of Contractor’s
current audited financial report. If Contractor’s SIR is approved, Contractor, in addition to, and
without limitation of, any other indemnity provision(s) in this Contract, agrees to all of the
following:
1. In addition to the duty to indemnify and hold County harmless against any and all liability,
claim, demand or suit resulting from Contractor’s, its agents, employee’s or subcontractor’s
performance of this Contract, Contractor shall defend County at its sole cost and expense
with counsel approved by Board of Supervisors against same; and
2. Contractor’s duty to defend, as stated above, shall be absolute and irrespective of any duty
to indemnify or hold harmless; and
3. The provisions of California Civil Code Section 2860 shall apply to any and all actions to
which the duty to defend stated above applies, and Contractor’s SIR provision shall be
interpreted as though Contractor was an insurer and County was the insured.
If Contractor fails to maintain insurance acceptable to County for the full term of this contract,
County may terminate this contract.
Qualified Insurer
The policy or policies of insurance must be issued by an insurer with a minimum rating of A-
Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current
edition of the Best's Key Rating Guide/Property-Casualty/United Statesor ambest.com). It is
preferred, but not mandatory, that the insurer be licensed to do business in the State of California
California Admitted Carrier).
If the insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk
Management retains the right to approve or reject a carrier after a review of the company's
performance and financial ratings.
The policy or policies of insurance maintained by Contractor shall provide the minimum limits and
coverage as set forth below:
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Coverage Minimum Limits
Commercial General Liability $2,000,000 per occurrence
4,000,000 aggregate
Automobile Liability including coverage $1,000,000 per occurrence
for owned, non-owned and hired vehicles
Workers’ Compensation Statutory
Employers’ Liability Insurance $1,000,000 per occurrence
Professional Liability $1,000,000 per claims-made
1,000,000 aggregate
Required Coverage Forms
The Commercial General Liability coverage shall be written on Insurance Services Office (ISO)
form CG 00 01, or a substitute form providing liability coverage at least as broad.
The Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00
12, CA 00 20, or a substitute form providing liability coverage as broad.
Required Endorsements
The Commercial General Liability policy shall contain the following endorsements, which shall
accompany the Certificate of Insurance:
1. An Additional Insured endorsement using ISO form CG 20 26 04 13 or a form at least as
broad naming County of Orange, its elected and appointed officials, officers, employees
and agents as Additional Insureds, or provide blanket coverage, which will state As Required
By Written Contract.
2. A primary non-contributing endorsement using ISO Form CG 20 01 04 13, or a form at least
as broad evidencing that Contractor’s insurance is primary and any insurance or self -
insurance maintained by County of Orange shall be excess and non-contributing.
The Workers’ Compensation policy shall contain a waiver of subrogation endorsement waiving all
rights of subrogation against County of Orange, its elected and appointed officials, officers,
employees and agents, or provide blanket coverage, which will state As Required By Written
Contract.
All insurance policies required by this contract shall waive all rights of subrogation against County
of Orange, its elected and appointed officials, officers, employees and agents when acting within
the scope of their appointment or employment.
Contractor shall notify County in writing within thirty (30) days of any policy cancellation and ten
10) days for non-payment of premium and provide a copy of the cancellation notice to County.
Failure to provide written notice of cancellation may constitute a material breach of Contract, upon
which County may suspend or terminate this contract.
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If Contractor’s Professional Liability is “Claims-Made” policy, Contractor shall agree to maintain
coverage for two (2) years following the completion of the Contract.
The Commercial General Liability policy shall contain a severability of interests clause, also known
as a “separation of insureds” clause (standard in the ISO CG 001 policy).
Insurance certificates should be forwarded to the agency/department address listed on the
solicitation.
If Contractor fails to provide the insurance certificates and endorsements within seven (7) days of
notification by CEO/Purchasing or the agency/department purchasing division, award may be made
to the next qualified vendor.
County expressly retains the right to require Contractor to increase or decrease insurance of any of
the above insurance types throughout the term of this contract. Any increase or decrease in
insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately
protect County.
County shall notify Contractor in writing of changes in the insurance requirements. If Contractor
does not deposit copies of acceptable Certificates of Insurance and endorsements with County
incorporating such changes within thirty (30) days of receipt of such notice, this contract may be
in breach without further notice to Contractor, and County shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit
Contractor's liability hereunder nor to fulfill the indemnification provisions and requirements of
this contract, nor act in any way to reduce the policy coverage and limits available from the insurer.
P. Changes: Contractor shall make no changes in the work or perform any additional work without
County’s specific written approval.
Q. Change of Ownership/Name, Litigation Status, Conflicts with County Interests: Contractor
agrees that if there is a change or transfer in ownership of Contractor’s business prior to completion
of this Contract, and County agrees to an assignment of Contract, the new owners shall be required
under the terms of sale or other instruments of transfer to assume Contractor’s duties and
obligations contained in this Contract and complete them to the satisfaction of County.
County reserves the right to immediately terminate Contract in the event County determines that
the assignee is not qualified or is otherwise unacceptable to County for the provision of services
under Contract.
In addition, Contractor has the duty to notify County in writing of any change in Contractor’s status
with respect to name changes that do not require an assignment of Contract. Contractor is also
obligated to notify County in writing if Contractor becomes a party to any litigation against County,
or a party to litigation that may reasonably affect Contractor’s performance under Contract, as well
as any potential conflicts of interest between Contractor and County that may arise prior to or during
the period of Contract performance. While Contractor will be required to provide this information
without prompting from County any time there is a change in Contractor’s name, conflict of interest
or litigation status, Contractor must also provide an update to County of its status in these areas
whenever requested by County.
Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that
could result in a conflict with County interests. In addition to Contractor, this obligation shall apply
to Contractor’s employees, agents, and subcontractors associated with the provision of goods and
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services provided under this Contract. Contractor’s efforts shall include, but not be limited to
establishing rules and procedures preventing its employees, agents, and subcontractors
from providing or offering gifts, entertainment, payments, loans or other considerations which
could be deemed to influence or appear to influence County staff or elected officers in the
performance of their duties.
R. Force Majeure: Contractor shall not be assessed with liquidated damages or unsatisfactory
performance penalties during any delay beyond the time named for the performance of this Contract
caused by any act of God, war, civil disorder, employment strike or other cause beyond its
reasonable control, provided Contractor gives written notice of the cause of the delay to County
within 36 hours of the start of the delay and Contractor avails himself of any available remedies.
S. Confidentiality: Contractor agrees to maintain the confidentiality of all County and County-
related records and information pursuant to all statutory laws relating to privacy and confidentiality
that currently exist or exist at any time during the term of this Contract. All such records and
information shall be considered confidential and kept confidential by Contractor and Contractor’s
staff, agents and employees.
T. Compliance with Laws: Contractor represents and warrants that services to be provided under
this Contract shall fully comply, at Contractor’s expense, with all standards, laws, statutes,
restrictions, ordinances, requirements, and regulations (collectively “laws”), including, but not
limited to those issued by County in its governmental capacity and all other laws applicable to the
services at the time services are provided to and accepted by County. Contractor acknowledges
that County is relying on Contractor to ensure such compliance, and pursuant to the requirements
of paragraph “Z” below, Contractor agrees that it shall defend, indemnify and hold County and
County INDEMNITEES harmless from all liability, damages, costs and expenses arising from or
related to a violation of such laws.
U. Freight: Prior to County’s express acceptance of delivery of products. Contractor assumes full
responsibility for all transportation, transportation scheduling, packing, handling, insurance, and
other services associated with delivery of all products deemed necessary under this Contract.
V. Severability: If any term, covenant, condition or provision of this Contract is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.
W. Attorney Fees: In any action or proceeding to enforce or interpret any provision of this Contract,
each party shall bear their own attorney’s fees, costs and expenses.
X. Interpretation: This Contract has been negotiated at arm’s length and between persons
sophisticated and knowledgeable in the matters dealt with in this Contract. In addition, each party
had been represented by experienced and knowledgeable independent legal counsel of their own
choosing or has knowingly declined to seek such counsel despite being encouraged and given the
opportunity to do so. Each party further acknowledges that they have not been influenced to any
extent whatsoever in executing this Contract by any other party hereto or by any person
representing them, or both. Accordingly, any rule or law (including California Civil Code Section
1654) or legal decision that would require interpretation of any ambiguities in this Contract against
the party that has drafted it is not applicable and is waived. The provisions of this Contract shall
be interpreted in a reasonable manner to effect the purpose of the parties and this Contract.
Y. Employee Eligibility Verification: Contractor warrants that it fully complies with all Federal and
State statutes and regulations regarding the employment of aliens and others and that all its
employees performing work under this Contract meet the citizenship or alien status requirement set
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forth in Federal statutes and regulations. Contractor shall obtain, from all employees performing
work hereunder, all verification and other documentation of employment eligibility status required
by Federal or State statutes and regulations including, but not limited to, the Immigration Reform
and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter
amended. Contractor shall retain all such documentation for all covered employees for the period
prescribed by the law. Contractor shall indemnify, defend with counsel approved in writing by
County, and hold harmless, County, its agents, officers, and employees from employer sanctions
and any other liability which may be assessed against Contractor or County or both in connection
with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility
for employment of any persons performing work under this Contract.
Z. Indemnification: Contractor agrees to indemnify, defend with counsel approved in writing by
County, and hold County, its elected and appointed officials, officers, employees, agents and those
special districts and agencies which County’s Board of Supervisors acts as the governing Board
County Indemnitees”) harmless from any claims, demands or liability of any kind or nature,
including but not limited to personal injury or property damage, arising from or related to the
services, products or other performance provided by Contractor pursuant to this Contract. If
judgment is entered against Contractor and County by a court of competent jurisdiction because of
the concurrent active negligence of County or County Indemnitees, Contractor and County agree
that liability will be apportioned as determined by the court. Neither party shall request a jury
apportionment.
AA. Audits/Inspections: Contractor agrees to permit County’s Auditor-Controller or the Auditor-
Controller’s authorized representative (including auditors from a private auditing firm hired by
County) access during normal working hours to all books, accounts, records, reports, files, financial
records, supporting documentation, including payroll and accounts payable/receivable records, and
other papers or property of Contractor for the purpose of auditing or inspecting any aspect of
performance under this Contract. The inspection and/or audit will be confined to those matters
connected with the performance of Contract including, but not limited to, the costs of administering
Contract. County will provide reasonable notice of such an audit or inspection.
County reserves the right to audit and verify Contractor’s records before final payment is made.
Contractor agrees to maintain such records for possible audit for a minimum of three years after
final payment, unless a longer period of records retention is stipulated under this Contract or by
law. Contractor agrees to allow interviews of any employees or others who might reasonably have
information related to such records. Further, Contractor agrees to include a similar right to County
to audit records and interview staff of any subcontractor related to performance of this Contract.
Should Contractor cease to exist as a legal entity, Contractor’s records pertaining to this Contract
shall be forwarded to County’s project manager.
BB. Contingency of Funds: Contractor acknowledges that funding or portions of funding for this
Contract may be contingent upon state budget approval; receipt of funds from, and/or obligation of
funds by, the state of California to County; and inclusion of sufficient funding for the services
hereunder in the budget approved by County’s Board of Supervisors for each fiscal year covered
by this Contract. If such approval, funding or appropriations are not forthcoming, or are otherwise
limited, County may immediately terminate or modify this Contract without penalty.
CC. Expenditure Limit: Contractor shall notify County of Orange assigned Deputy Purchasing Agent
in writing when the expenditures against Contract reach 75 percent of the dollar limit on Contract.
County will not be responsible for any expenditure overruns and will not pay for work exceeding
the dollar limit on Contract unless a change order to cover those costs has been issued.
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Additional Terms and Conditions:
1. Scope of Contract: This Contract specifies Contractual terms and conditions by which County
will procure Tree Care and Maintenance Services from Contractor as further detailed in the Scope
of Work, identified and incorporated herein by this reference as “Attachment A”.
2. Term of Contract: This Contract shall commence on September 1, 2021, upon execution of all
necessary signatures and approval by the Orange County Board of Supervisors, and continue for
three (3) years, unless otherwise terminated by County. This contract may be renewed upon mutual
concurrence for two (2) additional one-year periods. Renewal(s) may require Board approval.
3. Breach of Contract: The failure of Contractor to comply with any of the provisions, covenants or
conditions of this Contract shall be a material breach of this Contract. In such event County may,
and in addition to any other remedies available at law, in equity, or otherwise specified in this
Contract:
a) Terminate Contract immediately, pursuant to Section K herein;
b) Afford Contractor written notice of the breach and ten (10) calendar days or such shorter time
that may be specified in this Contract within which to cure the breach;
c) Discontinue payment to the Contactor for and during the period in which Contractor is in
breach; and
d) Offset against any monies billed by Contractor but yet unpaid by County those monies
disallowed pursuant to the above.
4. Civil Rights: Contractor attests that services provided shall be in accordance with the provisions
of Title VI and Title VII of the Civil Rights Act of 1964, as amended, Section 504 of the
Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975 as amended; Title II
of the Americans with Disabilities Act of 1990, and other applicable State and federal laws and
regulations prohibiting discrimination on the basis of race, color, national origin, ethnic group
identification, age, religion, marital status, sex or disability.
5. Conflict of Interest – Contractor’s Personnel: Contractor shall exercise reasonable care and
diligence to prevent any actions or conditions that could result in a conflict with the best interests
of County. This obligation shall apply to Contractor; Contractor’s employees, agents, and
subcontractors associated with accomplishing work and services hereunder. Contractor’s efforts
shall include, but not be limited to establishing precautions to prevent its employees, agents, and
subcontractors from providing or offering gifts, entertainment, payments, loans or other
considerations which could be deemed to influence or appear to influence County staff or elected
officers from acting in the best interests of County.
6. Conflict of Interest – County Personnel: County of Orange Board of Supervisors policy prohibits
its employees from engaging in activities involving a conflict of interest. Contractor shall not,
during the period of this Contract, employ any County employee for any purpose.
7. Contractor’s Project Manager and Key Personnel: Contractor shall appoint a Project Manager
to direct Contractor’s efforts in fulfilling Contractor’s obligations under this Contract. This Project
Manager shall be subject to approval by County and shall not be changed without the written
consent of County’s Project Manager, which consent shall not be unreasonably withheld.
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Contractor’s Project Manager shall be assigned to this project for the duration of Contract and shall
diligently pursue all work and services to meet the project time lines. County’s Project Manager
shall have the right to require the removal and replacement of Contractor’s Project Manager from
providing services to County under this Contract. County’s Project manager shall notify Contractor
in writing of such action. Contractor shall accomplish the removal within five (5) business days
after written notice by County’s Project Manager. County’s Project Manager shall review and
approve the appointment of the replacement for Contractor’s Project Manager. County is not
required to provide any additional information, reason or rationale in the event it requires the
removal of Contractor’s Project Manager from providing further services under Contract.
8. Contractor Personnel – Reference Checks: Contractor warrants that all persons employed to
provide service under this Contract have satisfactory past work records indicating their ability to
adequately perform the work under this Contract. Contractor’s employees assigned to this project
must meet character standards as demonstrated by background investigation and reference checks,
coordinated by the agency/department issuing this Contract.
9. Contractor Personnel – Uniform/Badges/Identification: Contractor warrants that all persons
employed to provide service under this Contract have satisfactory past work records indicating their
ability to accept the kind of responsibility under this Contract.
All Contractor’s employees shall be required to wear uniforms, badges, or other means of
identification which are to be furnished by Contractor and must be work at all times while working
on County property. The assigned Deputy Purchasing Agent must be notified in writing, within
seven (7) days of notification of award of Contract of the uniform and/or badges and/or other
identification to be worn by employees prior to beginning work and notified in writing seven (7)
days prior to any changes in this procedure.
10. Contractor’s Records: Contractor shall keep true and accurate accounts, records, books and data
which shall correctly reflect the business transacted by Contractor in accordance with generally
accepted accounting principles. These records shall be stored in Orange County for a period of
three (3) years after final payment is received from County. Storage of records in another county
will require written approval from County of Orange assigned Deputy Purchasing Agent.
11. Conditions Affecting Work: Contractor shall be responsible for taking all steps reasonably
necessary to ascertain the nature and location of the work to be performed under this Contract and
to know the general conditions which can affect the work or the cost thereof. Any failure by
Contractor to do so will not relieve Contractor from responsibility for successfully performing the
work without additional cost to County. County assumes no responsibility for any understanding
or representations concerning the nature, location(s) or general conditions made by any of its
officers or agents prior to the execution of this Contract, unless such understanding or
representations by County are expressly stated in Contract.
12. Cooperative Contract: The provisions and pricing of this Contract will be extended to other
California local or state governmental entities. Governmental entities wishing to use this Contract
will be responsible for issuing their own purchase documents/price agreements, providing for their
own acceptance, and making any subsequent payments. Contractor shall be required to include in
any Contract entered into with another agency or entity that is entered into as an extension of this
Contract a Contract clause that will hold harmless County of Orange from all claims, demands,
actions or causes of actions of every kind resulting directly or indirectly, arising out of, or in any
way connected with the use of this contract. Failure to do so will be considered a material breach
of this Contract and grounds for immediate Contract termination. The cooperative entities are
responsible for obtaining all certificates of insurance and bonds required. Contractor is responsible
for providing each cooperative entity a copy of Contract upon request by the cooperative
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entity. County of Orange makes no guarantee of usage by other users of this Contract.
Contractor shall be required to maintain a list of the cooperative entities using this Contract. The
list shall report dollar volumes spent annually and shall be provided on an annual basis to County,
at County’s request.
13. Data – Title To: All materials, documents, data or information obtained from County data files or
any County medium furnished to Contractor in the performance of this Contract will at all times
remain the property of County. Such data or information may not be used or copied for direct or
indirect use by Contractor after completion or termination of this Contract without the express
written consent of County. All materials, documents, data or information, including copies, must
be returned to County at the end of this Contract.
14. Default – Re-Procurement Costs: In case of Contract breach by Contractor, resulting in
termination by County, County may procure the commodities and services from other sources. If
the cost for those commodities and services is higher than under the terms of the existing Contract,
Contractor will be responsible for paying County the difference between Contract cost and the price
paid, and County may deduct this cost from any unpaid balance due Contractor. The price paid by
County shall be the prevailing market price at the time such purchase is made. This is in addition
to any other remedies available under this Contract and under law.
15. Disputes – Contract:
a. The parties shall deal in good faith and attempt to resolve potential disputes informally. If
the dispute concerning a question of fact arising under the terms of this Contract is not
disposed of in a reasonable period of time by Contractor’s Project Manager and County ‘s
Project Manager, such matter shall be brought to the attention of County Deputy Purchasing
Agent by way of the following process:
i. Contractor shall submit to the agency/department assigned Deputy Purchasing Agent
a written demand for a final decision regarding the disposition of any dispute between
the parties arising under, related to, or involving this Contract, unless County, on its
own initiative, has already rendered such a final decision.
ii. Contractor’s written demand shall be fully supported by factual information, and, if
such demand involves a cost adjustment to Contract, Contractor shall include with the
demand a written statement signed by a senior official indicating that the demand is
made in good faith, that the supporting data are accurate and complete, and that the
amount requested accurately reflects Contract adjustment for which Contractor
believes County is liable.
b. Pending the final resolution of any dispute arising under, related to, or involving this
Contract, Contractor agrees to diligently proceed with the performance of this Contract,
including the delivery of commodities and/or provision of services. Contractor’s failure to
diligently proceed shall be considered a material breach of this Contract.
Any final decision of County shall be expressly identified as such, shall be in writing, and
shall be signed by County Deputy Purchasing Agent or his designee. If County fails to render
a decision within 90 days after receipt of Contractor’s demand, it shall be deemed a final
decision adverse to Contractor’s contentions. Nothing in this section shall be construed as
affecting County’s right to terminate Contract for cause or termination for convenience as
stated in section K herein.
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16. Drug-Free Workplace: Contractor hereby certifies compliance with Government Code Section
8355 in matters relating to providing a drug-free workplace. Contractor will:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited and specifying actions
to be taken against employees for violations, as required by Government Code Section
8355(a)(1).
b. Establish a drug-free awareness program as required by Government Code Section
8355(a)(2) to inform employees about all of the following:
i. The dangers of drug abuse in the workplace;
ii. The organization’s policy of maintaining a drug-free workplace;
iii. Any available counseling, rehabilitation and employee assistance programs; and
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Provide as required by Government Code Section 8355(a)(3) that every employee who works
under this Contract:
i. Will receive a copy of the company’s drug-free policy statement; and
ii. Will agree to abide by the terms of the company’s statement as a condition of
employment under this Contract.
d. Failure to comply with these requirements may result in suspension of payments under
Contract or termination of Contract or both, and Contractor may be ineligible for award of
any future County contracts if County determines that any of the following has occurred:
i. Contractor has made false certification, or
ii. Contractor violates the certification by failing to carry out the requirements as noted
above.
17. Equal Employment Opportunity: Contractor shall comply with U.S. Executive Order 11246
entitled, “Equal Employment Opportunity” as amended by Executive Order 11375 and as
supplemented in Department of Labor regulations (41 CFR, Part 60) and applicable state of
California regulations as may now exist or be amended in the future. Contractor shall not
discriminate against any employee or applicant for employment on the basis of race, color, national
origin, ancestry, religion, sex, marital status, political affiliation or physical or mental condition.
Regarding handicapped persons, Contractor will not discriminate against any employee or
applicant for employment because of physical or mental handicap in regard to any position for
which the employee or applicant for employment is qualified. Contractor agrees to provide equal
opportunity to handicapped persons in employment or in advancement in employment or otherwise
treat qualified handicapped individuals without discrimination based upon their physical or mental
handicaps in all employment practices such as the following: employment, upgrading, promotions,
transfers, recruitments, advertising, layoffs, terminations, rate of pay or other forms of
compensation, and selection for training, including apprenticeship. Contractor agrees to comply
with the provisions of Sections 503 and 504 of the Rehabilitation Act of 1973, as amended,
pertaining to prohibition of discrimination against qualified handicapped persons in all programs
and/or activities as detailed in regulations signed by the Secretary of the Department of Health and
Human Services effective June 3, 1977, and found in the Federal Register, Volume 42, No. 68
dated May 4, 1977, as may now exist or be amended in the future.
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Regarding Americans with disabilities, Contractor agrees to comply with applicable provisions of
Title 1 of the Americans with Disabilities Act enacted in 1990 as may now exist or be amended in
the future.
18. News/Information Release: Contractor agrees that it will not issue any news releases in
connection with either the award of this Contract or any subsequent amendment of or effort under
this Contract without first obtaining review and written approval of said news releases from County
through County’s Project Manager.
19. Notices: Any and all notices, requests demands and other communications contemplated, called
for, permitted, or required to be given hereunder shall be in writing with a copy provided to the
assigned Deputy Purchasing Agent (DPA), except through the course of the parties’ project
managers’ routine exchange of information and cooperation during the terms of the work and
services. Any written communications shall be deemed to have been duly given upon actual in-
person delivery, if delivery is by direct hand, or upon delivery on the actual day of receipt or no
greater than four (4) calendar days after being mailed by US certified or registered mail, return
receipt requested, postage prepaid, whichever occurs first. The date of mailing shall count as the
first day. All communications shall be addressed to the appropriate party at the address stated
herein or such other address as the parties hereto may designate by written notice from time to time
in the manner aforesaid.
Contractor: West Coast Arborists, Inc.
Attn: Victor Gonzalez
2200 East Via Burton St.
Anaheim, CA 92806-1221
714-991-1900
vgonzalez@wcainc.com
County: OC Parks
Attn: Kyle Sato
13042 Old Myford Road
Irvine, CA 92602
949-923-3766
kyle.sato@ocparks.com
Assigned DPA: County of Orange
OC Community Resources, Purchasing & Contract Services
Attn: Chad Ward, DPA
601 North Ross Street
6thFloor
Santa Ana, CA 92701
949-585-6420
chad.ward@ocparks.com
20. Precedence: Contract documents consist of this Contract and its exhibits and attachments. In the
event of a conflict between or among Contract documents, the order of precedence shall be the
provisions of the main body of this Contract, i.e., those provisions set forth in the recitals and
articles of this Contract, and then the exhibits and attachments.
21. Termination – Orderly: After receipt of a termination notice from County of Orange, Contractor
may submit to County a termination claim, if applicable. Such claim shall be submitted promptly,
but in no event later than 60 days from the effective date of the termination, unless one or more
extensions in writing are granted by County upon written request of Contractor. Upon termination
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County agrees to pay Contractor for all services performed prior to termination which meet the
requirements of Contract, provided, however, that such compensation combined with previously
paid compensation shall not exceed the total compensation set forth in Contract. Upon termination
or other expiration of this Contract, each party shall promptly return to the other party all papers,
materials, and other properties of the other held by each for purposes of performance of Contract.
22. Usage: No guarantee is given by County to Contractor regarding usage of this Contract. Usage
figures, if provided, are approximations. Contractor agrees to supply services and/or commodities
requested, as needed by County of Orange, at rates/prices listed in Contract, regardless of quantity
requested.
23. Usage Reports: Contractor shall submit usage reports on an annual basis to the assigned Deputy
Purchasing Agent of County of Orange user agency/department. The usage report shall be in a
format specified by the user agency/department and shall be submitted 90 days prior to the
expiration date of Contract term, or any subsequent renewal term, if applicable.
24. Safety Data Sheets (SDS): The Contractor is required to provide a completed Safety Data Sheet
SDS) for each hazardous substance provided to the County under the Contractor’s Contract with
the County. This includes hazardous substances that are not directly included in the Contract, but
are included in the goods or services provided by the Contractor to the County. The provision of
the SDSs must be in accordance with the requirements of California Labor Code Sections 6380
through 6399, General Industry Safety Order Section 5194, and Title 8, California Code of
Regulations. The SDSs for each substance must be sent to the place of shipment or provision of
goods/service.
25. Permits and Licenses: Contractor shall be required to obtain any and all approvals, permits and/or
licenses which may be required in connection with the permitted operation as set out herein. No
permit approval or consent given hereunder by County in its governmental capacity shall affect or
limit Contractor’s obligations hereunder, nor shall any approvals or consents given by County as a
party to this Contract, be deemed approval as to compliance or conformance with applicable
governmental codes, laws, ordinances, rules, or regulations.
26. Prevailing Wage (Labor Code §1773): Pursuant to the provisions of Section 1773 et seq. of the
California Labor Code, Contractor shall comply with the general prevailing rates of per diem wages
and the general prevailing rates for holiday and overtime wages in this locality for each craft,
classification, or type of worker needed to execute this Contract. The rates are available from the
Director of the Department of Industrial Relations at the following website:
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
Contractor shall post a copy of such wage rates at the job site and shall pay the adopted prevailing
wage rates. Contractor shall comply with the provisions of Sections 1775 and 1813 of the Labor
Code.
27. Labor Code Requirements:
Contractor and all Subcontractors shall comply with all applicable requirements of the
Labor Code throughout the performance of Contract, including but not limited to the
following:
27.1 Wage Rates
Contractor and any Subcontractor(s) shall comply with the provisions of California Labor
Code Sections 1771 et seq. and shall pay workers employed on Contract not less than the
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general prevailing rates of per diem wages and holiday and overtime wages as
determined by the Director of Industrial Relations. Contractor shall post all job site
notices as required by Labor Code Section 1771.4(a), including a copy of these wage
rates for each craft, classification, or type of worker needed in the performance of this
Contract. Copies of these rates are on file at the principal office of County’s
representative, or may be obtained from the State Office, Department of Industrial
Relations (“DIR”) or from the DIR’s website at www.dir.ca.gov. If Contract is federally
funded, Contractor and any Subcontractor(s) shall not pay less than the higher of these
rates or the rates determined by the United States Department of Labor.
27.2 Wage Rate Penalty
Contractor and any Subcontractor(s) shall comply with the provisions of Labor Code
Section 1775. Contractor and any Subcontractor(s) shall be subject to a penalty in an
amount up to $200, or a higher amount as provided by Section 1775, for each calendar
day, or portion thereof, for each worker paid less than the prevailing wage rates for any
work done by Contractor or Subcontractor(s) under Contract.
27.3 Work Hour Penalty
As provided by Labor Code Section 1810, 8 hours of labor shall constitute a legal day's
work, and 40 hours shall constitute a legal week's work. The time of service of any
worker employed under Contract shall be restricted to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except as provided herein.
Contractor shall forfeit to County $25, or a higher amount as provided by Labor Code
Section 1813, for each worker employed in the performance of this Contract by
Contractor or by any Subcontractor(s) for each calendar day during which such worker is
required or permitted to work more than the legal day's or week's work, except as
provided by Labor Code Section 1815.
27.4 Registration of Contractors
Contractor and all Subcontractors must comply with the requirements of Labor Code
Section 1771.1(a), pertaining to registration of contractors pursuant to Section 1725.5.
Registration and all related requirements of those sections must be maintained throughout
the performance of Contract.
27.5 Payroll Records
Contractor and any Subcontractor(s) shall comply with the requirements of Labor Code
Section 1776. Such compliance includes the obligation to furnish the records specified in
Section 1776 directly to the Labor Commissioner in an electronic format, or other format
as specified by the Commissioner, in the manner provided by Labor Code Section
1771.4.
The requirements of Labor Code Section 1776 provide in part:
27.5.1 Contractor and any Subcontractor(s) performing any portion of the work under this
Contract shall keep an accurate record, showing the name, address, social security number,
work classification, straight time and overtime hours worked each day and week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by Contractor or any Subcontractor(s) in connection with the work.
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27.5.2 Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct.
b. The employer has complied with the requirements of Labor Code Sections 1771,
1811, and 1815 for any work performed by his or her employees in connection
with Contract.
27.5.3 The payroll records shall be certified and shall be available for inspection at the principal
office of Contractor on the basis set forth in Labor Code Section 1776.
27.5.4 Contractor shall inform County of the location of the payroll records, including the street
address, city and county, and shall, within five working days, provide a notice of any
change of location and address of the records.
27.5.5 Pursuant to Labor Code Section 1776, Contractor and any Subcontractor(s) shall have 10
days in which to provide a certified copy of the payroll records subsequent to receipt of a
written notice requesting the records described herein. In the event that Contractor or any
Subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to
County, forfeit $100, or a higher amount as provided by Section 1776, for each calendar
day, or portion thereof, for each worker to whom the noncompliance pertains, until strict
compliance is effectuated. Contractor acknowledges that, without limitation as to other
remedies of enforcement available to County, upon the request of the Division of
Apprenticeship Standards or the Division of Labor Standards Enforcement of the
California Department of Industrial Relations, such penalties shall be withheld from
progress payments then due Contractor. Contractor is not subject to a penalty assessment
pursuant to this Section due to the failure of a Subcontractor to comply with this Section.
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IGNATURE PAGE
IN WITNESS WHEREOF, the Parties hereto have executed this Contract on the date following their
respective signatures.
WEST COAST ARBORISTS, INC.*
If the Contractor is a corporation, signatures of two specific corporate officers are required as further set forth.
The first corporate officer signature must be one of the following:1) the Chairman of the Board; 2) the President; 3) any Vice
President.
In the alternative, a single corporate signature is acceptable when accompanied by a corporate resolution demonstrating the legal
authority of the signature to bind the company.
Signature Name Title Date
The second corporate officer signature must be one of the following: a) Secretary; b) Assistant Secretary; c) Chief Financial
Officer: d) Assistant Treasurer.
Signature Name Title Date
COUNTY OF ORANGE, a political subdivision of the State of California
Signature Name Title Date
APPROVED AS TO FORM:
County Counsel
By ________________________________
Deputy
Date_______________________________
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ATTACHMENT A
SCOPE OF WORK
I. Scope of Work: Contractor shall furnish all staffing, labor, equipment, materials and incidentals
required for tree maintenance services as described in the Scope of Work (SOW). No subcontracting or
outsourcing is permitted.
II. Description of Work: This Contract is for comprehensive tree maintenance services, inventory and
work record management at various Orange County Community Resources facilities, including OC
Public Libraries (OCPL), OC Animal Care (OCAC), and OC Parks.
A. Work consists of tree trimming, palm tree trimming, tree removal, stump removal, root pruning,
GIS/GPS tree inventory, tree pest management, supply and plant trees, watering arborist services, reports
and other tree services.
B. In general, the County attempts to avoid annual cycle pruning during nesting season. If annual cycle
pruning or other tree maintenance is necessary during nesting season, Contractor is required to monitor
for nesting activity prior to any work, per all applicable laws and regulations. No additional compensation
is allowed.
C. High volume (Routine) work may consist of annual tree maintenance cycles based on OC Parks tree
inventory and desired level of service.
1. In general, OC Parks plans to trim most trees no less frequently than every three years.
2. Coral and palm trees are trimmed every year.
3. In general, mature Oak species shall receive the minimum work possible to maintain health
and good condition and will be allowed to follow their natural form.
D. Low volume work (Non-Routine) may be assigned on an as-needed basis and may include tree
trimming or removal, stump and limb removal, pesticide recommendation and treatment, arborist
services, inventory, and other tree maintenance services as needed. If applicable, one low volume
mobilization fee shall be permitted per work order.
1. Contractor shall complete non-routine work within three weeks of receipt.
2. Contractor shall complete non-routine work with “priority” mobilization fee within seven
days of receipt.
E. This Scope of Work and subsequent contract is intended to limit use of the Hourly Work or Crew
Rental to tasks that are not identified as separate line items or tasks that cannot reasonably be included in
a line item.
1. For example, but not limited to, Hourly Work will not be allowed for large, poorly structured
or unusual trees, challenging conditions, inclement weather, heavy canopy, most down or
leaning trees, down limbs, hanging limbs.
2. If County does not approve Hourly Work, Contractor shall accept payment at contract line
item price.
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3. If County approves Hourly Work, line item pricing shall not apply, and Contractor shall
invoice at the hourly rate approved in the contract.
F. Contractor shall be responsible for repairs to all turf (including rutting), landscape, trail, irrigation,
natural areas, concrete, hardscape, and damage by their vehicles, equipment or employees.
1. The County uses a systematic inspection process (scheduled inspections, performed and
documented in OC Parks’ maintenance management system) to identify and document
maintenance deficiencies.
2. Any damage identified after Contractor work that has not been documented on a previous
inspection or backlogged work order shall be assumed to have been caused by Contractor and
will be Contractor's repair responsibility.
G. Contractor shall be penalized the full value of any tree damaged by Contractor’s operation or removed
in error.
H. The County reserves the right to increase or decrease the quantity of any item(s) or portion(s) of the
work described in the specifications or to omit portions of the work so described as may be deemed
necessary or expedient by the County. Contractor shall agree not to claim or bring suit for damages,
whether for loss of profits or otherwise, on account of any decrease or omission of any kind of work to be
done. Alterations, modifications or deviations from the work described in the scope of services by
Contractor shall be subject to the prior written approval of the County.
I. The County shall determine if Contractor has met Contract requirements. Payment shall not be made
for work that is not in accordance with standards and specifications as detailed in this SOW. The
Contractor shall be deemed in default if they consistently fail to comply with the Contract standards.
J. Contractor will not receive compensation for: work performed that was not approved by County
Division Manager or designee; invoice that exceeds Contractors written quote; work that exceeds pre-
established facility annual maintenance cycle budget; or for work that is outside the intended scope of this
Contract.
III. Contractor Requirements:
A. Must demonstrate a minimum of 5 years’ experience building and maintaining client GIS tree
inventories in geodatabase format. Inventories must include recommended maintenance cycles, work
history, tree health/condition, height, and diameter. Contractors system must also have flexibility to add
other attributes to meet OC Parks needs.
B. Must demonstrate a minimum of 5 years’ experience contracting with entities similar in size and scope
to OC Parks.
C. Licensing and certification shall be current at all times during the term of the Contract. Contractor
shall have in full force and effect, all licenses and/or certifications required by law to perform of the said
services described in the SOW. Copies of the licensing and certification information shall be made
available to the County upon request.
California State Contractors License Board (CSLB)
License C27: Landscaping Contractor
License C61: Limited Specialty
License D49: Tree Service Contractor
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International Society of Arboriculture (ISA) Certification or equivalent
ISA Certified Arborist®
ISA Certified Tree Worker/Climber Specialist®
California Department of Pesticide Regulation
Agricultural Pest Control Adviser (PCA)
Qualified Applicator Certificate
IV. Contractor Performance Requirements:
A. Contractor shall provide a supervisor or foreman who shall be present at all times during Contract
operations, and who shall be responsible for both conduct and workmanship. Said supervisor or foreman
shall communicate effectively in both written and oral English.
B. All work shall comply with good arboreal practice for the species of trees being trimmed, shall be
consistent with the Pruning Standards as adopted by the International Society of Arboriculture and the
most current American National Standards, Z133-1-1972, entitled "Safety Requirements for Tree
Pruning, Trimming, Repair or Removal”.
C. Trees shall not be visibly marked at any time for any reason (e.g., for work identification).
D. Any structural weakness, decayed trunk or branches, split crotches or limbs discovered by the
Contractor shall be reported to the County within one business day.
E. Pesticide Usage and Reporting:
1. Contractor will store, transport, handle, mix and apply pesticides in a manner consistent with
Federal, State and local regulations.
2. Contractor will report and maintain records of pesticide application in conformance with all
Federal, State and local regulations.
3. Contractor will, by the second week of each month, record all pesticide activity for the
previous month in OC Parks online computer application.
4. Contractor will post signage and control public access to pesticide application areas for no
less than the minimum time required by product label re-entry interval (REI) and applicable
Federal, State and local regulations.
5. Prior to application, all pesticide work will be reviewed by Contractor’s Pest Control Adviser
and applied by a CDPR Qualified Applicator.
6. The practices described in this SOW are consistent with OC Parks integrated pest
management practices or IPM. Contractor will comply with current and future IPM best
practices and OC Parks requirements for the duration of this contract.
F. Disposal of Materials:
1. The County shall receive AB 939 recycling credit.
2. All green waste produced as a result of the Contractor's operations shall be reduced, reused,
recycled, and/or transformed by Contractor.
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3. Reduction, reuse, recycling and transformation shall include but is not limited to, production
of lumber, and daily cover.
4. Weight slips, or other approved documentation, shall be required as proof of final disposal
and shall be submitted by Contractor at the end of each month to OC Parks NPDES
Coordinator.
G. Diseased and Infested Trees:
1. All trees known or suspected to be diseased/infested, Contractor shall disinfect all tools and
cut surfaces after each cut and between trees.
2. All trees with known or suspected ISHB, Fusarium, Gold Spotted Oak Borer or other high
priority pests/pathogens as determined by the County, Contractor shall handle all debris in a
manner consistent with newest version of all appropriate Best Management Practices (BMP)
available from University California, which minimizes the chance of spreading infection or
infestation.
3. Material and debris from trees with known or suspected disease/infestation shall be chipped
to 1” or smaller and shall not be left on site or used as mulch off site.
4. Tree material with known or suspected disease/infestations that are too large to be
immediately chipped onsite will be transported and disposed of off-site with the newest Best
Management Practices available to minimize spreading.
5. No additional charges for tool disinfection or special handling shall be allowed.
H. Pre-Inspection:
1. Prior to the commencement of any work in the vicinity of any tree, the Contractor shall
identify presence of nesting birds, the location of utilities, irrigation components and/or any
property element(s) that could be compromised by any work activity.
2. If the Contractor identifies damage that exists before the onset of work, the Contractor shall
document the damages with photos and report such damage to County Division Manager
and/or his/her designee prior to commencing work in that area. All photo documentation shall
have the time and date embedded.
3. Any claim of damage that cannot be refuted by photo-documentation and/or a written report
to the County shall be considered the responsibility of the Contractor.
I. Protection and Restoration of Existing Areas:
1. Contractor shall protect all turf, landscape, trail, irrigation, natural areas, concrete, and
hardscape from damages by its operations.
2. Contractor shall use reinforcing under equipment (e.g. tires, outriggers, jack) sufficient to
prevent rutting and marking or other damage to all landscape, turf, and hardscape.
3. All damages shall be repaired and/or replaced at Contractor’s expense within three (3) days
after notification of such damage by County. Repairs and/or replacements shall be equal to
original in all aspects.
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J. Control of Work:
1. Tree work is a controlled task. At no time should work be performed so as to result in a loss
of control incident (e.g. free-falling large limbs or trunk sections, hinge cutting, lack of safety
apparatus/equipment guards, improper use/loading of equipment).
2. Contractor shall be responsible to meet equipment inventory requirements sufficient to
perform all work described herein.
3. Failure to maintain control at all times will be penalized. See Attachment B, Compensation &
Payment.
4. In addition to penalties and/or the withholding of Contract payments, the Contractor shall be
responsible for the mitigation of any damage related to a loss of control incident.
K. GIS, GPS Capabilities and Requirements:
1. All GIS/GPS and Tree Inventory work shall be performed by Contractor’s “in-house”
employees.
2. All GIS data and inventory records created by the Contractor are property of the County of
Orange.
3. Contractor shall create and maintain County tree inventory in geodatabase format and shall be
fully compatible with ESRI ArcGIS newest version.
4. GPS work shall be performed using Trimble GeoXH 6000 or better.
5. Contractor shall follow County workflow and schedule for import and export of tree
inventory updates to/from Contractor's inventory system and County GIS. Contractor shall
update and modify geodatabase themes as required by the County.
6. Contractor shall provide access to web based GIS inventory for use by County staff and
consultants.
7. Failure to meet and maintain the requirements for the GIS tree inventory shall be grounds for
termination of the Contract.
L. Tree Inventory, Updates and Additions:
1. Contractor shall provide a complete update of the County GIS tree inventory at no additional
cost to the County within three (3) months of the Contract award.
2. When assigned and approved by County, payment may be authorized for new inventory
entries for trees that are not the subject of any other action or maintenance.
3. Contractor shall update inventory, including metadata, and add new entries at no additional
charge for any tree that is the subject of maintenance, inspection, or other compensated
action.
M. Sound Control: Contractor shall comply with all County and local sound control and noise level rules,
regulations, and ordinance, which apply to any work performed pursuant to the Contract.
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N. Dust Control: Contractor shall not create dust in such a quantity as to violate the South Coast Air
Quality Management District (AQMD) regulations.
O. Debris Removal: Contractor shall remove all trash and debris from work area by the end of each day
and as required during the course of work. Contractor shall dispose of materials at a site outside of the
County right-of-way approved for disposal of such materials.
P. Water: Contractor shall furnish all water required for performance of work; shall make arrangements
for obtaining water with the governing water district and shall comply with all requirements set forth by
the governing water district.
Q. Utilities: Contractor shall contact UNDERGROUND SERVICE ALERT (USA) for all subsurface
excavation and will contact utility companies to mark locations if necessary.
R. Parking Control: Contractor shall post, maintain, and subsequently remove, temporary “No Parking”
signs along the streets, parking lots, and other as needed areas upon completion of work. Work is
performed no less than 24 hours prior to the start of said work. Contractor shall be responsible for
replacing signs which are damaged or removed in order to maintain notice to the public.
S. Traffic Control:
1. Contractor shall provide traffic control and equipment at no additional cost to the County.
2. Contractor shall comply with all relevant provisions of the Manual on Uniform Traffic
Control Devices (MUTCD), as published by the State of California, Department of
Transportation.
3. Park access shall be maintained at all times during all services.
T. Safety: Contractor agrees to perform all work outlined in this Contract to meet all accepted standards
for safe practices during operations and to maintain safe conditions or premises and ways at all times,
including safely stored equipment, machines and materials. This includes compliance with local, County,
State or other legal intents and terms of the applicable Occupational Safety and Health Administration
OSHA) and CAL/OSHA Safety orders at all times so as to protect all persons, including Contractor’s
employees and agents, against injury or damage to property.
U. High Voltage Lines: Should work involve any high voltage lines, Contractor shall be required to notify
responsible utility company.
V. Identification and Coordination of Work:
A. Coordination and Planning:
1. OC Parks facilities have many special and permitted events throughout the year, therefore
Contractor shall engage in significant advance planning for all routine, annual and as-needed
work.
2. Contractor shall coordinate the starting date of all work with OC Parks – Park Arborist and
Facility Supervisor.
3. Commencement of work, continuation of work, delays or interruptions to work and other
events will be communicated to the Park Arborist and Facility Supervisor daily.
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4. Contractor shall comply with all time and schedule requirements as described in this SOW.
B. Work Schedules:
1. Contractor shall meet every two weeks with the OC Parks Arborist and/or representatives and
provide the County with a written two-week schedule and a report on all unscheduled work in
contractor's possession on alternating Mondays as directed by the County.
2. Contractor will update schedule to indicate emergency and other priority work interrupting
the schedule.
3. Schedule will indicate all incomplete/carry over work from the previous schedule.
4. In general, contractor will limit work hours to Monday through Friday, 6:00 am until 4:30
pm.
C. Low Volume Work (Non-Routine):
1. Low volume work requests must be completed within three week of County’s authorization
to proceed.
2. Contractor shall provide County a written quote within two working days of request. Quote
shall contain all required line items, line item price, number of work units, line item total and
job total.
3. If the work is not listed as a line item in this SOW, the quote will include the number of hours
required to complete the job and a statement indicating why the request does not fall within a
Contract line item.
4. County shall provide Contractor a work order with authorization to proceed.
5. The work order shall include a detailed explanation of work requested, location, County
Contact information, and any special instructions or alerts.
6. Upon receipt of authorization to proceed and work order Contractor shall coordinate with
County on anticipated start date.
7. Additional or add on work shall not be performed without new or an updated quote and
approval in writing by County.
D. High Volume Work (Routine Annual Tree Maintenance):
1. Within one (1) week of award of Contract, Contractor shall schedule initial meeting with
County to develop multi-year plan for tree maintenance cycles and budget based on tree
inventory and desired level of service.
a) In general, the annual maintenance cycle shall consist of tree pruning and tree
removal.
b) Annual maintenance shall generally be completed outside of nesting season.
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2. County may adjust the multi-year plan and level of service.
3. Multi-year annual maintenance cycle and budget shall be finalized and submitted to County
no later than two (2) months after Contract award.
4. Contractor shall submit each year’s annual maintenance plan, overall budget and individual
facility budgets no less than three (3) months prior to the start of work.
5. With County’s authorization to proceed, Contractor shall coordinate with Park Arborist and
Facility Supervisors no less than three (3) weeks prior to start of work.
6. Contractor shall not exceed the planned annual budget at any OC Park facility without written
authorization from the County.
E. Emergency Work and Mobilization Fee:
1. Contractor must report to the park facility within two (2) hours of initial notification from
County.
2. Contractor must be available 24 hours a day, 7 days a week, 365 days a year.
3. Contractor shall provide County a written quote/confirmation the following business day.
4. Emergency work will be performed and billed by line item price with addition of the
emergency mobilization fee.
5. Only one mobilization fee will be allowed per emergency incident. One emergency incident
and applicable mobilization fee may span more than one tree, work order or day.
F. Priority Work and Mobilization Fee:
1. Priority work requests with mobilization fee must be completed within seven days of
County’s notice to proceed.
2. Contractor shall provide County a written quote within one business day of request.
3. Priority work will be performed and billed at line item price with addition of the priority
mobilization fee.
4. Only one priority mobilization fee will be allowed per work order and may cover more than
one tree.
G. Access Gates:
1. Contractor shall be provided with keys to the access gates upon request. Contractor shall
return all keys upon completion of work and prior to request for payment. For each key not
returned, the sum of One Hundred dollars ($100.00) will be deducted and forfeited from any
payment due to Contractor.
2. Contractor shall keep all access gates closed except when entering and leaving the worksite.
Contractor shall close and lock all access gates at the end of each working day.
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3. In the event that County is called out to a gate left open by Contractor, the sum of Two
Hundred and Fifty dollars ($250.00) will be deducted and forfeited from any payment due to
Contractor.
VI. Specifications:
A. Emergency Work and Call Out:
1. Contractor is required to provide 24-hour emergency phone numbers and names of a
minimum of four contact individuals within one week of Contract award. Should phone
number or contact person change during the Contract those changes must be provided to
County.
2. Contractor may be required to provide emergency/on-call response for services in this SOW.
This may be at night, weekends, and holidays or during storm conditions.
3. Contractor is required to start work indicated within two (2) hours of initial telephone call and
report to County authorized representative upon completion of work specified.
4. Three Hundred dollars ($300.00) per hour shall be deducted and forfeited from payment to
Contractor for each hour over the two hour response time.
5. Contractor shall be allowed to stockpile debris from emergency work and in a manner that
does not cause a hazard and shall mark debris with lighted barricades sufficient for visibility
from all angles. Stockpile must be removed by end of the next calendar day. Stockpile shall
not interfere with access to roadways, driveways, trails or sidewalks.
B. General Pruning Requirements:
1. Unless otherwise directed by the County the “Full Prune” category described in Section C.
shall be the standard for all pruning performed under this contract.
2. Trees shall be pruned to prevent branch and foliage interference with safe public passage,
generally 8 feet for pedestrian access and 14 feet above roads. Exceptions are allowed for
young trees, which would be irreparably damaged by such pruning action.
3. Selectively prune branches that create sight line conflicts with traffic control signs and/or
devices.
4. Selectively prune branches that are within five feet of a structure.
5. Clear trees of sprout or sucker growth to a minimum height of ten feet above ground level.
Exceptions are allowed for young trees, which would be irreparably damaged by such
pruning action.
6. Prune to maintain a balanced appearance.
7. Remove all vines, mistletoe and other parasitic plants growing in trees and on tree trunks.
These plants shall be removed without injury to trees.
8. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other
parts of the tree, other plants or property.
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9. Tools used on a tree known or suspected to contain an infectious tree disease shall be
properly disinfected immediately before and after completing work on such tree.
10. Tools and saws used in tree pruning shall be kept sharpened to result in final cuts with a
clean, smooth wood surface and secure bark remaining intact.
11. Trees six inches in diameter or less shall be pruned with hand tools only.
12. Tree limbs two inches in diameter or less shall be pruned with hand tools only.
13. Climbing spurs or spike shoes in the act of pruning trees is prohibited, unless specifically
directed by County to aid in the safety of climbers performing the removal of a tree.
C. Full Prune:
1. Unless otherwise directed by the County “Full Prune” shall be the standard for all pruning.
2. A Full Prune is performed when conditions within the crown of a hardwood tree are such that
the entire tree needs to be fully pruned.
3. Complete pruning is recommended when the primary objective is to maintain or improve tree
health and structure and includes pruning to reduce overall canopy mass and excessive wood
weight.
4. A Full Prune typically consists of one or more of the following pruning treatments:
a. Crown Cleaning: Removal of dead, diseased, crowded, weakly attached and low-
vigor branches and water sprouts from the entirety of the tree crown. Care must be
used to avoid stripping branches of all foliage at the interior of the tree crown.
b. Crown Thinning: Includes crown cleaning and the selective removal of branches to
increase light penetration and air movement into and through the crown. Care must
be used to avoid stripping branches of all foliage at the interior of the tree crown.
When thinning the crown of mature trees, up to 25 percent of the live foliage may be
removed unless directed otherwise by the County.
c. Crown Reduction: Used to reduce the height and/or spread of a tree. Crown reduction
varies from topping, a destructive practice, in that cuts are not made indiscriminately,
resulting in large stubbed off limbs that are subject to decay. While reducing a crown,
tree workers must adhere to basic tree trimming practices involving limb/branch size
relationships and use of the branch bark collar in avoiding the onset of decay at cut
sites.
d. Crown Restoration: Corrective pruning used to restore the form of crowns that have
been previously damaged by topping or other extenuating circumstances.
D. Crown Raising/Clearance Prune:
1. A crown raising or clearance prune does not involve the detail of work found in a full prune.
2. Crown Raising: Consists of removing the lower branches of a tree in order to provide
clearance for buildings, vehicles and pedestrians. It is important that a tree have at least one-
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half (½) of its foliage on branches that originate in the lower two-thirds () of its crown to
ensure a well-formed, tapered structure and to uniformly distribute stress within the tree.
3. Clearance Prune: Employed as a means of eliminating limbs from the crown of a hardwood
tree when an entire pruning of the tree is not warranted.
4. Removal of hanging and down limbs are included in this line item.
E. Specific Pruning Requirements for Conifers and Broadleaf Trees:
1. General Trimming and Shaping of Conifers:
a. Two basic classes of conifers can be found in County facilities, those with branches
radiating out from the trunk in whorls such as Pine trees or Cedar trees and those that
sprout branches in a random manner such as Juniper or Taxus.
b. Typically, up to 25 percent of the live foliage may be removed unless directed
otherwise by the County.
c. Contractor shall avoid damaging the central leader on all conifers. In specific cases
the County may direct the Contractor to remove the central leader in an effort to limit
the height of specific trees.
d. At the time of pruning, the County shall determine which trees shall have the new
growth pinched back in an effort to control canopy size.
e. To control the growth of large, mature conifers Contractor shall be required to prune
the new growth of lateral limbs.
f. Typical pruning of conifers shall generally consist of removing crossed limbs,
deadwood or unwanted branches from the interior of the canopy.
2. General Trimming and Shaping of Broadleaf Trees:
a. Follow the shape indicated by the natural growth habits of each tree species.
b. Cut to laterals to preserve the natural form of the tree, leaving the head open enough
for the branching system to show and permitting the dead material to be easily
cleaned out and light to show through the head.
c. Tree foliage may be reduced by up to thirty (30) percent.
d. Trim to remove dead wood or weak, diseased, insect-infested, broken, low, or
crossing limbs. Branches with an extremely narrow angle of attachment should
normally be removed.
e. Small limbs, including suckers and waterspouts, shall be cut close to the trunk or
branch from which they arise.
f. Heading cuts and/or topping will not be allowed under any circumstances.
g. Heading, rounding over, or stubbing shall not be an accepted practice for reducing
the size or the framework of any tree.
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F. Pruning Specifications for Palm Trees:
1. Palm Pruning consists of maintaining the crowns and trunks of palms including the pruning
of spent or declining fronds, seed pods and the skinning or shaping of spent petiole bases into
a ball or nut as applicable by palm type.
2. Non-Canary Island Date Palms shall be trimmed using sanitized equipment before and after
the equipment is used to cut the fronds of any other palm tree.
3. Canary Island Date Palms (Phoenix canariensis) shall be trimmed using a new handsaw
blade. This is to prevent the spread of fusarium. The Contractor may use a sanitized chainsaw
in forming and/or shaping the pineapple of the Canary Island Date Palm.
4. Except for date palms, fronds shall be pruned to an angle of 45 degrees or 10 & 2.
5. Date Palm fronds shall be pruned to an angle of 90 degrees or 9 & 3
6. Live Trunk Tissue shall not be cut while pruning palms.
7. The Contractor shall be responsible for removing palm fruit related stains from hardscape
elements that may occur while pruning
G. Tree and Stump Removal:
1. Removal of down or leaning trees and their root systems are included in this line item.
2. Contractor shall be responsible for contacting Underground Service Alert (USA) for location
of underground utilities prior to stumping operations.
3. Trees shall be felled in a manner consistent with industry practice with primary emphasis on
safety of public and protection of adjacent property.
4. Contractor will ensure they are removing the correct tree; errant removal of trees shall be
penalized.
5. Contractor shall maintain control of the tree and its parts at all times. At no time shall
branches, limbs or tree trunks be allowed to freefall and create damage of any type. Loss of
control incidents shall be penalized.
6. Stumps including root flare shall be ground to a depth of no less than eighteen (18) inches.
Surface roots shall be traced and ground to a depth of no less than eight inches.
7. Debris generated by stump grinding and root removal shall be removed from the site and
replaced with a topsoil mix. Chips and stump grinding shall not be used as a backfill material.
If stump grinding takes place in turfgrass, grass seed will be incorporated into the topsoil
either of the existing species or if unknown annual ryegrass.
8. If stump grinding does not follow within same work day as removal, tree trunk shall be left
five (5) feet above grade until stump grinding is complete.
9. Stumps to be left in place shall be cut at three (3) feet above grade.
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H. Root Pruning:
1. Roots shall be pruned immediately adjacent to the edge of sidewalk or curb or other
improvement. Root pruning cuts shall be four (4) inches wide, sixteen (16) deep as measured
from top of sidewalk, curb or adjacent improvement and extend eight (8) feet in each
direction from centerline of tree (sixteen (16) feet total length).
2. Root pruning equipment shall be specifically designed for this purpose with cutting teeth
sharpened adequately to sever roots in a clean manner and equipped with padded tracks or
rubber tires to prevent scraping or marking of sidewalks.
3. All cuts shall be backfilled immediately upon completion of root pruning at each location.
Backfill material shall consist of dirt and/or mulch from root pruning and shall be free from
rocks. All debris generated by these operations will be immediately removed from site and
properly disposed of outside right-of-way.
4. Contractor shall repair or replace all utility service connections, sprinkler systems and any
other assets which are damaged or removed as a result of root pruning operations. Repairs
shall be implemented immediately and completed by end of next working day. Repairs and
replacements will be equal to existing improvement and shall match them in finish,
dimensions and manufacturer.
5. Root barriers will be installed only at County request.
I. Hourly Work/Crew Rental:
1. County may request Contractor to perform tree and/or vegetation operations outside of scope
of previously listed work items. Contractor shall furnish a crew with equipment necessary to
perform the requested work.
2. County shall determine if crew rental charges are justified and will provide Contractor with
written approval.
3. Line item pricing shall not apply or be “stacked” with hourly charges.
J. Tree Pest Treatment:
1. Contractor shall have an “in-house” CDPR Qualified Applicator apply pesticides in
accordance with the recommendations from the “in-house” CDPR Agricultural Pest Control
Adviser (PCA) and applicable product labels, Federal, State and local regulations.
2. Applications will be made by soil injection, trunk injection or spray as requested by the
County. OC Parks’ favored method of application is sub-surface soil injection (not drench).
3. All drills, tools and equipment used for trunk injection shall be sanitized between each
individual hole or injection point.
4. Emamectin benzoate application rate shall be 6ml per diameter inch at breast height. All other
treatment application rates shall use the high rate as listed per label unless otherwise
requested by OC Parks.
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K. Tree Planting
1. Tree planting consists of the installation of nursery stock container or palm trees supplied by
the Contractor, staking, backfilling, seeding and watering.
2. Contractor shall supply quality nursery stock which is fully rooted and representative of
recognized standards for size and quality of the material being planted.
3. Planting stock shall be well watered prior to shipping and covered for the duration of
transport.
a. Trees that are delivered uncovered, with a dry or fractured root ball or with broken
scaffold limbs will be rejected.
b. Root bound material will be rejected.
c. Palms that are delivered uncovered, with a dry root ball or with a soilless root ball
will be rejected.
4. Contractor shall confirm correct planting site before excavation.
5. Contractor shall not excavate deeper than the depth of the root ball of the tree being installed.
The bottom of the planting pit shall be undisturbed so that the planted tree will not settle
below top of root ball grade standards defined herein.
6. Nursery containers and box sides shall be removed from tree root balls prior to planting. The
Contractor shall not install trees with box bottoms left on and all debris shall be removed
from the planting pit prior to backfilling.
7. Contractor shall install the tree or palm so that the top of trunk flare is two inches above
surrounding finish grade. The Contractor shall not cut or trim the root ball as a means of
meeting grade standards.
8. Contractor shall backfill hardwood tree plantings with an equal mix of excavated soil and
topsoil. The topsoil portion of the backfill mix shall contain no more than ten percent well
decomposed organic fines.
9. Contractor shall backfill palm plantings with one hundred (100) percent washed mortar
plaster) sand.
10. Contractor shall cease backfilling when the planting pit is one-half full and apply water to
remove air pockets from the backfill. Once water has drained, Contractor shall resume
backfilling the planting pit.
a. A watering basin shall be constructed in a uniform circle and shall extend from the
center of the tree trunk to six (6) inches beyond the edge of the root ball.
b. The top of the watering basin shall be graded and maintained uniformly with the
upper edge of the basin maintained at a grade of four (4) inches above the root flare
of the tree.
11. Contractor is responsible for the stability of planted trees.
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a. The nursery stake stall be removed, and the tree shall be double staked using two,
two inch lodge pole stakes outside of the root ball and to a secure depth that properly
supports the new tree. In difficult sites or conditions, a 3 stake method can be used
following the same guidelines noted above.
b. The stakes shall be installed an equal distance from the trunk of the tree and shall be
installed perpendicular to the street or sidewalk and shall be installed so that one
stake is orientated to be one hundred eighty degrees opposite the other.
c. The root ball shall not be damaged by the installation of stakes.
d. The stake shall not be in contact with any aerial part of the tree.
12. Upon completion Contractor shall seed and top-dress barren areas within ten (10) feet of the
center of the trunk of the tree if there was established turf in that location.
a. Seed shall be of the same turf grass type existing on site or annual ryegrass if the turf
is a non-seedable variety; to be applied at a rate appropriate for the type of turf seed
applied.
b. Seed shall be top dressed with well-decomposed organic fines, spread evenly with a
topdressing roller, at a depth of one eighth (.125) inch. Use of manure, native soil or
chip topdressings will not be allowed.
VII. Specifications: List of all OCCR Facilities
A. OC Parks
1. Aliso and Wood Canyons
Wilderness Park 28373 Alicia Parkway, Laguna Niguel, CA 92677
2. Aliso Beach 31131 S. Pacific Coast Hwy., Laguna Beach, CA 92652
3. Arden: Helena Modjeska Historic
House and Gardens 29042 Modjeska Canyon Road, Modjeska, California
4. Capistrano Beach 35005 Beach Road, Capo Beach, CA 92675
5. Carbon Canyon Regional Park 4442 Carbon Canyon Road, Brea, CA 92823
6. Dana Point Harbor 34451 Ensenada Place, Dana Point, CA. 92629
7. Featherly Regional Park 24001 Santa Ana Canyon Road, Anaheim, CA 92808
8. George Key Ranch Historic Park 625 W. Bastanchury Road, Placentia, CA 92870
9. Harriett M. Wieder Regional Park 19251 Seapoint Ave., Huntington Beach, CA 92648
10. Heritage Hill Historical Park 25151 Serrano Road, Lake Forest, CA 92630-2534
11. Historic Yorba Cemetery Woodgate Park, Yorba Linda, CA 92886
12. Irvine Lake 4621 E. Santiago Canyon Road, Silverado, CA 92676
13. Irvine Ranch Historic Park 13042 Old Myford Rd., Irvine, CA 92602
14. Irvine Ranch Open Space 4727 Portola Pkwy, Irvine, CA 92620
15. Irvine Regional Park 1 Irvine Park Road, Orange, CA 92869
16. Laguna Coast Wilderness Park 18751 Laguna Canyon Road, Laguna Beach, CA 92651
17. Laguna Niguel Regional Park 28241 La Paz Road, Laguna Niguel, CA 92677
18. Mile Square Regional Park 16801 Euclid St., Fountain Valley, CA 92708
19. Newport Harbor 1901 Bayside Dr., Newport Beach, CA 92625
20. Old Orange County Courthouse 211 W. Santa Ana Blvd., Santa Ana, CA 92701
21. O'Neill Regional Park
30892 Trabuco Canyon Road, Trabuco Canyon, CA
92678
22. Orange County Zoo 1 Irvine Park Road, Orange, CA 92869
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23. Peters Canyon Regional Park 8548 E. Canyon View Ave., Orange, CA 92869
24. Ralph B. Clark Regional Park 8800 Rosecrans Ave., Buena Park, CA 90621
25. Ramon Peralta Adobe Historic Site 6398 E. Santa Ana Canyon Road, Anaheim, CA 92807
26. Regional Trails 13042 Old Myford Road, Irvine, CA 92602-2304
27. Ronald W. Caspers Wilderness
Park 33401 Ortega Hwy., San Juan Capistrano, CA 92675
28. Salt Creek Beach 33333 S. Pacific Coast Hwy., Dana Point, CA 92629
29. Santiago Oaks Regional Park 2145 N. Windes Drive, Orange, CA 92869
30. Sunset Harbour 2901 Edinger Ave., Huntington Beach, CA 92649
31. Talbert Regional Park 1298 Victoria Avenue, Costa Mesa, CA 92627
32. Ted Craig Regional Park 3300 State College Blvd., Fullerton, CA 92835
33. Thomas F. Riley Wilderness Park 30952 Oso Parkway, Coto De Caza, CA 92679
34. Tri-City Regional Park 2301 Kraemer Blvd., Placentia, CA 92870
35. Upper Newport Bay Nature
Preserve 2301 University Drive, Newport Beach, CA 92660
36. Whiting Ranch Wilderness Park 26701 Portola Parkway, Foothill Ranch, CA 92610
37. William R. Mason Regional Park 18712 University Drive, Irvine, CA 92612-2601
38. Yorba Regional Park 7600 E. La Palma, Anaheim, CA 92807
B. OC Public Libraries
1. Aliso Viejo Library 1 Journey, Aliso Viejo, CA 92656
2. Brea Library 1 Civic Center Circle, Brea, CA 92821
3. Costa Mesa - Mesa Verde
Library 2969 Mesa Verde Drive, Costa Mesa, CA 92626
4. Costa Mesa-Donald Dungan
Library 1855 Park Ave, Costa Mesa, CA 92627
5. Cypress Library 5331 Orange Avenue, Cypress, CA 90630
6. Dana Point Library 33841 Niguel Rd., Dana Point, CA 92629
7. El Toro Library 24672 Raymond Way, Lake Forest, CA 92630
8. Foothill Ranch Library 27002 Cabriole Way, Foothill Ranch, CA 92610
9. Fountain Valley Library 17635 Los Alamos, Fountain Valley, CA 92708
10. Garden Grove - Tibor Rubin 11962 Bailey St., Garden Grove, CA 92845
11. Garden Grove Chapman Library 9182 Chapman Ave., Garden Grove, CA 92841
12. Garden Grove Main Library 11200 Stanford Ave., Garden Grove, CA 92840
13. Irvine Heritage Park 14361 Yale Avenue, Irvine, CA 92604
14. Irvine Katie Wheeler Library 13109 Old Myford Rd., Irvine, CA 92602
15. Irvine University Park Library 4512 Sandburg Way, Irvine, CA 92612
16. La Habra Library 221 East La Habra Blvd., La Habra, CA 90631
17. LA Palma Library 7842 Walker St., La Palma, CA 90623
18. Ladera Ranch Library 29551 Sienna Parkway, Ladera Ranch, CA 92694
19. Laguna Beach Library 363 Glenneyre Street, Laguna Beach, CA 92651
20. Laguna Hills Technology
Library 25555 Alicia Parkway, Laguna Hills, CA 92653
21. Laguna Niguel Library
30341 Crown Valley Pkwy, Laguna Niguel, CA
92677
22. Laguna Woods Library 24264 El Toro Road, Laguna Woods, CA 92637
23. Library of the Canyons
7531 E. Santiago Canyon Road, Silverado, CA
92676
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24. Los Alamitos-Rossmoor Library 12700 Montecito, Seal Beach, CA 90740
25. Rancho Santa Margarita Library
30902 La Promesa, Rancho Santa Margarita, CA
92688
26. San Clemente Library 242 Avenida Del Mar, San Clemente, CA 92672
27. San Juan Capistrano Library
31495 El Camino Real, San Juan Capistrano, CA
92675
28. Seal Beach Library 707 Electric Ave., Seal Beach, CA 90740
29. Stanton Library 7850 Katella Ave., Stanton, CA 90680
30. Tustin Library 345 E. Main Street, Tustin, CA 92780
31. Villa Park Library 17865 Santiago Blvd., Villa Park, CA 92861
32. Westminster Library 8180 13th Street, Westminster, CA 92683
C. OC Animal Care
1. OC Animal Care 1630 Victory Rd., Tustin, CA 92782
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ATTACHMENT B
PAYMENT AND COMPENSATION
1. Compensation: This is a firm-fixed fee Contract between County and Contractor for Tree Care
and Maintenance Services as set forth in Attachment A, Scope of Work.
Contractor agrees to accept the specified compensation as set forth in this Contract as full payment
for performing all services and furnishing all staffing and materials required, for any reasonably
unforeseen difficulties which may arise or be encountered in the execution of the services until
acceptance, for risks connected with the services, and for performance by Contractor of all its duties
and obligations hereunder. Contractor shall only be compensated as set forth herein for work
performed in accordance with the Scope of Work. County shall have no obligation to pay any
sum in excess of the fixed rates specified herein unless authorized by amendment in
accordance with Articles C & P of County Contract Terms and Conditions.
2. Fees and Charges: Contract amount shall not exceed the following:
TOTAL NOT TO EXCEED AMOUNT OF: NINE MILLION THREE HUNDRED SIXTY
THOUSAND DOLLARS AND ZERO CENTS ($9,360,000.00)
3. Price Increase/Decreases: No price increases will be permitted during the first period of Contract.
County requires documented proof of cost increases on Contracts prior to any price adjustment. A
minimum of 30-days advance notice in writing is required to secure such adjustment. No
retroactive price adjustments will be considered. All price decreases will automatically be extended
to County of Orange. County may enforce, negotiate, or cancel escalating price Contracts or take
any other action it deems appropriate, as it sees fit. The net dollar amount of profit will remain
firm during the period of Contract. Adjustments increasing Contractor’s profit will not be allowed.
4. Firm Discount and Pricing Structure: Contractor guarantees that prices quoted are equal to or
less than prices quoted to any other local, State or Federal government entity for services of equal
or lesser scope. Contractor agrees that no price increases shall be passed along to County during
the term of this Contract not otherwise specified and provided for within this Contract.
5. Contractor’s Expense: Contractor will be responsible for all costs related to photo copying,
telephone communications and fax communications while on County sites during the performance
of work and services under this Contract.
6. Payment Terms – Payment in Arrears: Invoices are to be submitted in arrears to the user
agency/department to the ship-to address, unless otherwise directed in this Contract. Contractor
shall reference Contract number on invoice. Payment will be net 30 days after receipt of an invoice
in a format acceptable to County of Orange and verified and approved by the agency/department
and subject to routine processing requirements. The responsibility for providing an acceptable
invoice rests with Contractor.
CONTRACT PERIOD NOT TO EXCEED AMOUNT
1 $3,120,000.00
2 $3,120,000.00
3 $3,120,000.00
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Billing shall cover services and/or goods not previously invoiced. Contractor shall reimburse
County of Orange for any monies paid to Contractor for goods or services not provided or when
goods or services do not meet Contract requirements.
Payments made by County shall not preclude the right of County from thereafter disputing any
items or services involved or billed under this Contract and shall not be construed as acceptance of
any part of the goods or services.
7. Taxpayer ID Number: Contractor shall include its taxpayer ID number on all invoices submitted
to County for payment to ensure compliance with IRS requirements and to expedite payment
processing.
8. Payment – Invoicing Instructions: Contractor will provide an invoice on Contractor’s letterhead
for goods delivered and/or services rendered. In the case of goods, Contractor will leave an invoice
with each delivery. Each invoice will have a number and will include the following information:
a. Contractor’s name and address
b. Contractor’s remittance address, if different from 1 above
c. Contractor’s Taxpayer ID Number
d. Name of County Agency/Department
e. Delivery/service address
f. Contract MA-012-22010006
g. Requisition 1397179
h. Agency/Department’s Account Number
i. Date of invoice
j. Product/service description, quantity, and prices
k. Sales tax, if applicable
l. Freight/delivery charges, if applicable
m. Total
Invoice and support documentation are to be forwarded to:
OC Community Resources: Accounts Payable
Attn: Accounts Payable
601 North Ross Street
6th Floor
Santa Ana, CA 92701
9. Payment (Electronic Funds Transfer (EFT): County of Orange offers contractors the option of
receiving payment directly to their bank account via an Electronic Fund Transfer (EFT) process in
lieu of a check payment. Payment made via EFT will also receive an Electronic Remittance Advice
with the payment details via e-mail. An e-mail address will need to be provided to The County of
Orange via an EFT Authorization Form. To request a form, please contact the agency/department
Procurement Buyer listed in Contract. Upon completion of the form, please mail, fax or email to
the address or phone listed on the form.
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ATTACHMENT C
COST PROPOSAL
Routine Annual Tree Maintenance and Other High Volume Work
Work Description Tree DBH Unit Unit Cost
Full Prune 0” - 6" EA 55.00
Full Prune 7” - 12” EA 75.00
Full Prune 13” - 18” EA 125.00
Full Prune 19” - 24” EA 150.00
Full Prune 25” - 30” EA 175.00
Full Prune 31” - 36” EA 175.00
Full Prune 36”+ EA 325.00
Crown Raise/Clearance Prune 0” - 6" EA 35.00
Crown Raise/Clearance Prune 7” - 12” EA 35.00
Crown Raise/Clearance Prune 13” - 18” EA 45.00
Crown Raise/Clearance Prune 19” - 24” EA 45.00
Crown Raise/Clearance Prune 25” - 30” EA 55.00
Crown Raise/Clearance Prune 31” - 36” EA 55.00
Crown Raise/Clearance Prune 36”+ EA 85.00
Prune Date Palm N/A EA 85.00
Prune Fan Palm N/A EA 85.00
Prune all other Palm Species N/A EA 50.00
Palm Frond Removal in Excess of 3 Years Growth N/A LF 20.00
Palm Trunk Skinning in Excess of 10 feet N/A LF 20.00
Palm Trunk Skinning Less Than 10 feet N/A LF 20.00
Tree Removal with Stump Grinding 0” - 6" EA 100.00
Tree Removal with Stump Grinding 7” - 12” EA 250.00
Tree Removal with Stump Grinding 13” - 18” EA 495.00
Tree Removal with Stump Grinding 19” - 24” EA 495.00
Tree Removal with Stump Grinding 25” - 30” EA 695.00
Tree Removal with Stump Grinding 31” - 36” EA 695.00
Tree Removal with Stump Grinding 36”+ EA 895.00
Tree Removal w/o Stump Grinding 0” - 6" EA 75.00
Tree Removal w/o Stump Grinding 7” - 12” EA 195.00
Tree Removal w/o Stump Grinding 13” - 18” EA 295.00
Tree Removal w/o Stump Grinding 19” - 24” EA 350.00
Tree Removal w/o Stump Grinding 25” - 30” EA 500.00
Tree Removal w/o Stump Grinding 31” - 36” EA 500.00
Tree Removal w/o Stump Grinding 36”+ EA 795.00
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Root Pruning N/A LF 25.00
Root Barrier N/A LF 25.00
Hand Watering N/A HR 94.00
Hourly Work/Crew Rental (Incl. all personnel and equip.) N/A HR 94.00
Inventory Entry N/A EA 6.00
Low Volume Work
Work Description Tree DBH Unit Unit Cost
Full Prune 0” - 6" EA 55.00
Full Prune 7” - 12” EA 75.00
Full Prune 13” - 18” EA 125.00
Full Prune 19” - 24” EA 150.00
Full Prune 25” - 30” EA 175.00
Full Prune 31” - 36” EA 175.00
Full Prune 36”+ EA 325.00
Crown Raise/Clearance Prune/Hanging or Down Limb 0” - 6" EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 7” - 12” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 13” - 18” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 19” - 24” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 25” - 30” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 31” - 36” EA 94.00
Crown Raise/Clearance Prune/Hanging or Down Limb 36”+ EA 94.00
Prune Date Palm N/A EA 85.00
Prune Fan Palm N/A EA 85.00
Prune all other Palm Species N/A EA 50.00
Palm Frond Removal in Excess of 3 Years Growth N/A LF 20.00
Palm Trunk Skinning in Excess of 10 feet N/A LF 20.00
Palm Trunk Skinning Less Than 10 feet N/A LF 20.00
Tree Removal with Stump Grinding 0” - 6" EA 100.00
Tree Removal with Stump Grinding 7” - 12” EA 250.00
Tree Removal with Stump Grinding 13” - 18” EA 495.00
Tree Removal with Stump Grinding 19” - 24” EA 495.00
Tree Removal with Stump Grinding 25” - 30” EA 695.00
Tree Removal with Stump Grinding 31” - 36” EA 695.00
Tree Removal with Stump Grinding 36”+ EA 895.00
Tree Removal w/o Stump Grinding 0” - 6" EA 75.00
Tree Removal w/o Stump Grinding 7” - 12” EA 195.00
Tree Removal w/o Stump Grinding 13” - 18” EA 295.00
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Tree Removal w/o Stump Grinding 19” - 24” EA 350.00
Tree Removal w/o Stump Grinding 25” - 30” EA 500.00
Tree Removal w/o Stump Grinding 31” - 36” EA 500.00
Tree Removal w/o Stump Grinding 36”+ EA 795.00
Root Pruning N/A LF 25.00
Root Barrier N/A LF 25.00
Hand Watering N/A HR 94.00
Hourly Work/Crew Rental (Incl. all personell and equip.) N/A HR 94.00
Inventory Entry N/A EA 6.00
Emergency and Priority Mobilization Fees
Work Description Unit Unit
Cost
Emergency (2 Hour Response) EA 250.00
Priority (< 7 Day Response) EA 250.00
Tree Pest Treatment
ISHB Work Description Group Unit Unit
Price
Imidacloprid (SI) Treatment 1 Dia./Inc
h
3.25
Imidacloprid (SI), Propiconazole+Bifenthrin+Cease+Pentra
bark (TS) Treatment 2 Dia./Inc
h
6.50
Imidacloprid (SI), Tebuconazole+Bifenthrin+Cease+Pentra
bark (TS) Treatment 3 Dia./Inc
h
6.50
Propiconazole+Bifenthrin+Cease+Pentra bark (TS) Treatment 4 Dia./Inc
h
4.50
Tebuconazole+Bifenthrin+Cease+Pentra bark (TS) Treatment 5 Dia./Inc
h
4.50
Bifenthrin+Cease+Pentra bark or Nufilm (TS) Treatment 6 Dia./Inc
h
3.25
Emamectin benzoate+Propiconazole (TI) Treatment 7 Dia./Inc
h
8.00
Emamectin benzoate+Propiconazole (TI),
Bifentrhin+Cease+Nufilm (TS) Treatment 8 Dia./Inc
h
10.00
GSOB Work
Description Group Unit Unit
Price
Bifenthrin+Nufilm (TS) Treatment 9 Dia./Inc
h
3.50
Carbaryl+Nufilm (TS) Treatment
10
Dia./Inc
h
5.00
Bifenthrin+Nufilm (TS), Emamectin benzoate (TI) Treatment
11
Dia./Inc
h
11.00
Carbaryl+Nufilm (TS), Emamectin benzoate (TI) Treatment
12
Dia./Inc
h
12.00
Dinotefuran+Pentra-bark (BS) Treatment
13
Dia./Inc
h
5.00
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Dinotefuran+Pentra-bark (BS) Bifenthrin+Nufilm (TS) Treatment
14
Dia./Inc
h
8.00
Dinotefuran+Pentra-bark (BS) Carbaryl+Nufilm (TS) Treatment
15
Dia./Inc
h
9.50
Emamectin benzoate (TI) Treatment
16
Dia./Inc
h
9.50
TS=trunk spray, TI= trunk injection, SI=soil injection BS=basal spray
Emamectin benzoate application rate shall be 6ml per diameter inch at
breast height
All other treatment application rates shall use the high rate as listed per
label
Tree Planting (Includes tree, labor, equipment, materials and initial watering)
Container Size Minimum
DBH Unit Unit
Cost
15 Gallon 1 EA 190.00
24 Inch Box 1.5 EA 325.00
36 Inch Box 2.5 EA 800.00
48 Inch Box 3.5 EA 1,200.00
Fan Palm per Ft. Brown Trunk Height 8 FT 94.00
Sustainability Measures
Indicate Ability and Willingness to Provide/Conform Yes No
Zero emission leaf blower with max noise emission of 65db
Bio-based bar and chain oil certified by USDA BioPreferred
program
Proposed Price Escalation
Work Description Unit Figure
Year 4 Escalation % 4
Year 5 Escalation % 4
Bidders are encouraged to propose additional services, alternate methods, materials, etc.
Work Description Unit Unit
Cost
Senior Tree Trimmer HR 94.00
Tree Trimmer HR 94.00
Groundsperson HR 94.00
Arborist Services/Grant Writing HR 154.00
Crane with Operator HR 282.00
95-ft Aerial Tower With Operator HR 188.00
Loader with Roll Off Truck & Operator HR 94.00
Contaminated Disposal Fee TON 94.00
Crown Reduction Pruning HR 94.00
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County of Orange
OC Community Resources
Contract MA-012-22010006
Tree Care and Maintenance Services
Page 42 of 45
File No.: C030928
ATTACHMENT D
STAFFING PLAN
I. KEY PERSONNEL
Respondents must identify all key staff members proposed to be assigned to the Contract if awarded to
Respondent. Respondent shall provide the following information on each proposed staff member to be assigned
to the Proposed Contract. Use additional sheets as needed.
Name Classification/Designation Year of
Experience
Years with
Company
Professional
Licenses or
Credentials
Kris Burbidge Area Manager 20 Years 20 Years #WE 9566 AUM
Samuel Jimenez Area Supervisor 12 Years 12 Years #WE 11109AT
Andrew Pineda GIS Analyst 5 Years 3 Years #WE12738A
Dane Jensen Safety & Training Office 10 Years 3 Years #WE 12014A
Timothy
Crothers
Planet Health Care
Manager
15 Years 10 Years #WE7655BUM
The substitution or addition of other key individuals in any given category or classification shall be allowed only
with prior written approval of County Project Manager or designee.
II. SUBCONTRACTORS
Listed below are subcontractor(s) anticipated by Contractor to perform services as specified in Attachment
A. Substitution or addition of Contractor’s subcontractors in any given project function shall be allowed only
with prior written approval of County’s Project Manager.
Company Name & Address Contact Name and Telephone
Number Project Function
No Subcontractors to be used
vgonzalez@wcainc.com
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EXHIBIT B
REQUIRED SERVICES GENERAL PROVISIONS
B.1 Required Services. Contractor agrees to perform the services as stated in the Original
Contract and this Agreement, within the time frames set forth herein.
B.2 Reductions in Scope of Work. City may independently, or upon request from Contractor,
reduce the Required Services to be performed by Contractor under this Agreement. Upon doing
so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating a
corresponding reduction in the compensation associated with the reduction.
B.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies,
procedures and ordinances governing procurement and purchasing authority, City may request
Contractor provide additional services related to the Required Services (“Additional Services”).
If so, City and Contractor agree to meet and confer in good faith for the purpose of negotiating an
amendment to the Agreement to add the Additional Services. Unless otherwise agreed,
compensation for the Additional Services shall be charged and paid consistent with the rates and
terms already provided therein. Once added to the Agreement, “Additional Services” shall also
become “Required Services” for the purposes of this Agreement.
B.4 Standard of Care. Contractor expressly warrants and agrees that any and all Required
Services hereunder shall be performed in accordance with the highest standard of care exercised
by members of the profession currently practicing under similar conditions and in similar
locations.
B.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be
conceptual approval only and does not relieve Contractor of responsibility for complying with all
laws, codes, industry standards, and liability for damages caused by negligent acts, errors,
omissions, noncompliance with industry standards, or the willful misconduct of Contractor or its
subcontractors.
B.6 Security of Performance. In the event that the Payment Terms indicate the need for
Contractor to provide additional security for performance of its duties under this Agreement,
Contractor shall provide such additional security prior to commencement of its Require Services
in the form and on the terms prescribed in the this Agreement, or as otherwise prescribed by the
City Attorney.
B.7 Compliance with Laws. In its performance of the Required Services, Contractor shall
comply with any and all applicable federal, state, and local laws, including the Chula Vista
Municipal Code.
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EXHIBIT C
PAYMENT TERMS
C.1. Time and Materials. For performance of the Required Services by Contractor as identified
herein, City shall pay Contractor for the productive hours of time spent by Contractor in the
performance of the Required Services, at the rates or amounts as indicated below:
C.2. Reimbursement of Costs
There are no reimbursable costs under this Agreement. The compensation identified herein
includes all costs.
C.3. Additional Security. None
C.4. Prevailing Wages. Yes
C.5. Maximum Contract Amount. The maximum amount to be paid to Contractor for services
performed during the Initial Term is $1,500,000. If City elects to exercise an option to extend the
Agreement per Section 2, the maximum amounts to be paid to Contractor for services performed
during each option term(s) shall be as follows:
Option Year 1 (July 1, 2024 – June 30, 2025): $750,000.00*
Option Year 2 (July 1, 2025 – June 30, 2026): $750,000.00*
2022
Item Work Type Unit Current
1 Eucalyptus Prune 6 12 DSH Each $ 77.15
2 Eucalyptus Pruning 13 24 DSH Each $ 77.15
3 Eucalyptus Pruning 25 30 DSH Each $ 212.18
4 Eucalyptus Pruning >30 DSH Each $ 330.06
5 Broadleaf Pruning Each $ 77.15
6 Pine & Conifer Pruning Each $ 147.88
7 Palm Pruning King/Queen/Pindo Each $ 30.00
8 Palm Pruning Fan Each $ 39.65
9 Palm Pruning Date Each $ 101.80
10 Palm Tree Removal Foot $ 34.30
11 Tree and Stump Removal Dia. Inch $ 34.30
12 Stump Only Removal Dia. Inch $ 12.86
13 Bio barrier Installation 12"Foot $ 23.58
14 Root Pruning Foot $ 23.58
15 Emergency Response per man 7am 7pm Man Hour $ 80.37
16 Emergency Response per man 7pm 7am Man Hour $ 96.45
PUBLIC WORKS
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Amounts duly approved but not encumbered during the Initial Term, or prior option(s) terms,
may be carried over, in City’s sole discretion, to increase the maximum amount to be paid during
a subsequent option term.
Notwithstanding any of the above, the maximum amount to be paid to the Contractor for services
performed through June 30, 2026 shall be $3,000,000.00.
C.6. Permitted Subcontractors. None.
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EXHIBIT D
INSURANCE REQUIREMENTS
D.1 Required Insurance. Contractor must procure and maintain, during the period performance
of the Required Services under this Agreement, and for twelve months after completion of
Required Services, the policies of insurance set forth below in C.13 (“Required Insurance”). The
Required Insurance shall also comply with all other terms of this Exhibit.
D.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions
relating to the Required Insurance must be disclosed to approved by City in advance of the
commencement of work.
D.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted
to transact business in the State of California with a current A.M. Best’s rating of A V or better,
or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of
California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M. Best’s rating of no
less than A X. For Worker’s Compensation Insurance, insurance issued by the State Compensation
Fund is also acceptable.
D.4 Subcontractors. Contractor must include all sub-contractors/service providers as insured
under its policies and/or furnish separate certificates and endorsements demonstrating separate
coverage for those not under its policies. Any separate coverage for sub-contractors/service
providers must also comply with the terms of this Agreement.
D.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must
be named as additional insured with respect to any policy of general liability, automobile, or
pollution insurance specified as required below in C.13 or as may otherwise be specified by City’s
Risk Manager. The general liability additional insured coverage must be provided in the form of
an endorsement to the Contractor’s insurance using ISO CG 20 10 (11/85) or its equivalent; such
endorsement must not exclude Products/Completed Operations coverage.
D.6 General Liability Coverage to be “Primary.” Contractor’s general liability coverage must
be primary insurance as it pertains to City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers
is wholly separate from the insurance provided by Contractor and in no way relieves Contractor
from its responsibility to provide insurance.
D.7 No Cancellation. No Required Insurance policy may be canceled by either Party during
the required insured period under this Agreement, except after thirty days’ prior written notice to
City by certified mail, return receipt requested. Prior to the Effective Date of any such cancellation
Contractor must procure and put into effect equivalent coverage(s).
D.8 Waiver of Subrogation. Contractor will provide a Waiver of Subrogation in favor of City
for each Required Insurance policy under this Agreement. In addition, Contractor waives any right
it may have or may obtain to subrogation for a claim against City.
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D.9 Verification of Coverage. Prior to commencement of any work, Contractor shall furnish
City with original certificates of insurance and any amendatory endorsements necessary to
demonstrate to City that Contractor has obtained the Required Insurance in compliance with the
terms of this Agreement. The words “will endeavor” and “but failure to mail such notice hall
impose no obligation or liability of any kind upon the company, its agents, or representatives” or
any similar must be deleted from all certificates. The required certificates and endorsements
should otherwise be on industry standard forms. City reserves the right to require, at any time,
complete, certified copies or all required insurance policies, including endorsements evidencing
the coverage required by these specifications.
D.10 Claims Made Policy Requirements. If General Liability, Pollution, and/or Asbestos
Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-
made form, the following requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the
beginning of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five
5) years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a “Retro Date” prior to the Effective Date of this Agreement, Contractor must
purchase “extended reporting” coverage for a minimum of five (5) years after completion
of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to City for review.
D.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be
constructed to limit Contractor’s obligations under this Agreement, including Indemnity.
D.12 Additional Coverage. To the extent that insurance coverage provide by Contractor
maintains higher limits than the minimums appearing below in C.13, City requires and shall be
entitled to coverage for higher limits maintained.
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D.13 Insurance Requirements.
Type of Insurance Minimum Amount Form
General Liability:
Including products
and complete
operations,
personal and
advertising injury
2,000,000 per occurrence for
bodily injury, personal injury
including death), and property
damage. If Commercial General
Liability insurance with a general
aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence
limit.
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Waive of Recovery Endorsement
Insurance Services Office
Form
CG 00 01
Must be primary and must
not exclude
Products/Completed
Operations
Automobile
Liability
1,000,000 per accident for bodily
injury, including death, and
property damage
Insurance Services Office
Form
CA 00 01
Code 1 – Any Auto
Code 8 – Hired
Code 9 – Non-Owned
Workers’
Compensation
Employer’s
Liability
1,000,000 each accident
1,000,000 disease policy limit
1,000,000 disease each employee
Waiver of Recovery Endorsement
Professional
Liability (Errors &
Omissions)
1,000,000 each occurrence
2,000,000 aggregate
Other Negotiated Insurance Terms: None
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EXHIBIT E
INDEMNITY REQUIREMENTS
E.1 General. To the maximum extent allowed by law, Contractor shall protect, defend,
indemnify and hold harmless City, its elected and appointed officers, agents, employees and
volunteers (collectively, “Indemnified Parties”), from and against any and all claims, demands,
causes of action, costs, expenses, (including reasonable attorneys’ fees and court costs), liability,
loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any
manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct
of Contractor, its officials, officers, employees, agents, and contractors, arising out of or in
connection with the performance of the Required Services, the results of such performance, or this
Agreement. This indemnity provision does not include any claims, damages, liability, costs and
expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also
covered is liability arising from, connected with, caused by or claimed to be caused by the active
or passive negligent acts or omissions of the Indemnified Parties which may be in combination
with the active or passive negligent acts or omissions of the Contractor, its employees, agents or
officers, or any third party.
E.2 Modified Indemnity Where Agreement Involves Design Professional Services.
Notwithstanding the forgoing, if the services provided under this Agreement are design
professional services, as defined by California Civil Code Section 2782.8, as may be amended
from time to time, the defense and indemnity obligation under Section D.1, above, shall be limited
to the extent required by California Civil Code Section 2782.8.
E.3 Costs of Defense and Award. Included in Contractor’s obligations under these Indemnity
Provisions is Contractor’s obligation to defend, at Contractor’s own cost, expense and risk, any
and all suits, action or other legal proceedings that may be brought or instituted against one or
more of the Indemnified Parties. Subject to the limitations in this Indemnity Provisions, Contractor
shall pay and satisfy any judgment, award or decrees that may be rendered against on or more of
the Indemnified Parties for any and all related legal expenses and costs incurred by any of them.
E.4 Contractor’s Obligations Not Limited or Modified. Contractor’s obligations under these
Indemnity Provisions shall not be limited to insurance proceeds, if any, received by the
Indemnified Parties, or by any prior or subsequent declaration by Contractor. Furthermore,
Contractor’s obligations under this Indemnity Requirements shall in no way limit, modify or
excuse any of Contractor’s other obligations or duties under this Agreement.
E.5 Enforcement Costs. Contractor agrees to pay any and all costs City incurs in enforcing
Contractor’s obligations under these Indemnity Provisions.
E.6 Survival. Contractor’s obligations under these Indemnity Provisions shall survive the
termination of this Agreement.
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EXHIBIT F
CONTRACTOR CONFLICT OF INTEREST DESIGNATION
The Political Reform Act1 and the Chula Vista Conflict of Interest Code 2 (“Code”) require
designated state and local government officials, including some consultants, to make certain public
disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is
a public document, accessible to any member of the public. In addition, consultants designated to
file the Form 700 are also required to comply with certain ethics training requirements.3
A. Contractor IS a corporation or limited liability company and is therefore EXCLUDED 4 from
disclosure.
B. Contractor NOT a corporation or limited liability company and disclosure designation is as
follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE
SERVICES
Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-
interest-code.)
Name Email Address Applicable Designation
Enter Name of Each
Individual Who Will Be
Providing Service Under
the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for
each individual
Enter email
address(es)
A. Full Disclosure
B. Limited Disclosure (select one or
more of the categories under which the
Contractor shall file):
1. 2. 3. 4. 5.
6. 7.
Justification:
C. Excluded from Disclosure
1. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets
the definition of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk
via the City's online filing system, NetFile, within 30 days of the approval of the Agreement. Additional
Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30
days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City
pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on
an analysis of the services the Contractor will provide. Notwithstanding this designation or anything
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
2 Chula Vista Municipal Code §§2.02.010-2.02.040.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th
261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental
decision; “individual” does not include corporation or limited liability company).
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in the Agreement, the Contractor is ultimately responsible for complying with FPPC regulations and
filing requirements. If you have any questions regarding filing requirements, please do not hesitate to
contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or (866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the
written determination of the consultant’s requirement to comply with the disclosure requirements set forth in
the Code.
Completed by: Steve Padilla, Public Works Manager
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City of Chula Vista Amendment to Agreement No.: 2024-252
Consultant Name: WEST COAST ARBORISTS, INC.
Rev. 1/24/2023
FIRST AMENDMENT
to Agreement between the
City of Chula Vista
and
WEST COAST ARBORISTS, INC.
For TREE MAINTENANCE SERVICES
This FIRST AMENDMENT “Amendment” is entered into effective as of November 5, 2024
Effective Date”) by and between the City of Chula Vista (“City”) and WEST COAST
ARBORISTS, INC. (“Contractor”) with reference to the following facts:
RECITALS
WHEREAS, City and Contractor previously entered into City of Chula Vista Cooperative
Purchasing Agreement with West Coast Arborists, Inc. to Provide Tree Maintenance Services
Original Agreement”) on July 26, 2022; and
WHEREAS, Section 2 of the Original Agreement provides that the initial term of the
agreement is July 26, 2022 to June 30, 2024 with an option to extend the agreement for up to two
additional one-year terms; and
WHEREAS, City previously exercised the first option to extend the Original Agreement
to June 30, 2025; and
WHEREAS, City desires to exercise the second option to extend the Original Agreement
through June 30, 2026; and
WHEREAS, Section 9.1 of the Original Agreement provides that parties are permitted to
modify the Agreement by means of a written amendment executed by both parties; and
WHEREAS, City and Contractor desire to amend the Original Agreement to change the
Maximum Contract Amount from $3,000,000 to $4,500,000, as more specifically set forth below,
as more specifically set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of
the parties set forth herein, City and Contractor agree as follows:
1. Exhibit C, Section C.5 of the Original Agreement is hereby replaced in its entirety with
the following:
Maximum Contract Amount. The maximum amount to be paid to Contractor for
services performed during the Initial Term is $1,500,000. If City elects to exercise an
option to extend the Agreement per Section 2, the maximum amounts to be paid to the
Contractor for services performed from June 1, 2024 through June 30, 2026 shall not
exceed $3,000,000.”
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ity of Chula Vista Amendment to Agreement No.: 2024-252
Consultant Name: WEST COAST ARBORISTS, INC.
Rev. 1/24/2023
2. City hereby amends its Notice of Exercise of Option to Extend Agreement dated July
1, 2024 to read as follows:
OPTION NO. Options 1 and 2 of 2
OPTION TERM: July 1, 2024 to June 30, 2026
MAXIMUM COMPENSATION FOR OPTION TERM: $3,000,000
3. Except as expressly provided herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect.
4. Each party represents that it has full right, power and authority to execute this FIRST
Amendment and to perform its obligations hereunder, without the need for any further
action under its governing instruments, and the parties executing this Amendment on
the behalf of such party are duly authorized agents with authority to do so.
WEST COAST ARBORISTS, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
PATRICK MAHONEY JOHN MCCANN
PRESIDENT MAYOR
ATTEST
BY: _______________________________
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY: _______________________________
Marco A. Verdugo,
City Attorney
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v . 0 0 5 P a g e | 1
November 5, 2024
ITEM TITLE
Human Relations Commission: Ratify the Following Changes to the Human Relations Commission Seat
Assignments:
At-Large to District 1 Representative
Petrina Branch
Nadia Kean-Ayub
At-Large to District 2 Representative
Tiffany Hecklinski
Sandra Hodge
At-Large to District 3 Representative
David Diaz
Mopelola Olaoye
At-Large to District 4 Representative
Julie Holm
Leticia Lares-Urquidez
No Changes to Seat Assignment
Christian Gomez, Youth Advisory Member
Jeff Redondo, At-Large Member
Appaswamy “Vino” Pajanor, At-Large Member
Vacant Seat, At-Large Member
Report Number: 24-0234
Location: No specific geographic location
Department: City Clerk
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.
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Recommended Action
Consider ratifying the seat reassignments recommended by the City Clerk per Chula Vista Municipal Code
Section 2.25.035 due to eight seats being changed from at-large to district-based on the Human Relations
Commission under Ordinance No. 3578.
SUMMARY
Ratifying the seat reassignments recommended by the City Clerk will reassign seated members on the Human
Relations Commission to the newly created Council District Representative seats adopted by the City Council
under Ordinance No. 3578 (Attachment 1). All Human Relations Commissioners qualify for the seat to which
they are recommended for reassignment.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that this activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
Changes to Seat Qualifications
Ordinance No. 3578 (Attachment 1) revises the qualifications of eight Human Relations Commission seats to
add district-based seat requirements. It also changes the associated seats from being filled using the General
Appointment Process to the District-Based Appointment Process.
Under the previous structure, 11 at-large voting seats and 1 youth advisory seat were at-large and appointed
under the General Appointment Process. The revised seats are now comprised of 3 at-large voting seats and
1 youth advisory seat (appointed under the General Appointment Process), and 2 district-based seats for
each of the City Council districts (appointed under the District-Based Appointment Process).
Existing Regulations to Address Reassignment of Seated Members to Newly Restructured Seats
Chula Vista Municipal Code (CVMC) section 2.25.035 provides regulations to address the reassignment of
seated members when the City Council restructures seats on a commission, such as seats changing from at-
large to district-based.
Under CVMC 2.25.035, the City Clerk must propose revised seat assignments for existing members with the
intent of minimizing disruption to the commission. Reassigned members retain the term date initially
assigned. Reassignment does not extend or reduce a member’s term and does not allow the member to serve
more consecutive terms than the member would otherwise be entitled to serve. If a member does not qualify
for their newly assigned seat, they are entitled to serve the remainder of their current term, with a qualified
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replacement to be appointed and seated for the succeeding term. In this case, all members qualify for their
respective reassigned seats.
Proposed Seat Reassignments
The following table shows the City Clerk's recommended seat reassignments. All members meet the
qualifications for their proposed seat reassignment. The current Human Relations Commission Roster is
provided as Attachment 2.
PROPOSED REASSIGNMENTS FROM AT-LARGE TO DISTRICT-BASED
Member Name District of
Residency
Proposed Seat
Assignment
Term Expiration
Petrina Branch 1 District 1 Representative June 30, 2026
Nadia Kean-Ayub 1 District 1 Representative June 30, 2026
Tiffany Hecklinski 2 District 2 Representative June 30, 2025
Sandra Hodge 2 District 2 Representative June 30, 2028
David Diaz 3 District 3 Representative June 30, 2027
Mopelola Olaoye 3 District 3 Representative June 30, 2025
Julie Holm 4 District 4 Representative June 30, 2027
Leticia Lares-Urquidez 4 District 4 Representative June 30, 2026
The following table shows the remaining seats on the Human Relations Commission that remain unchanged.
NO CHANGES TO SEAT ASSIGNMENTS
Member Name District of
Residency
Current Seat Term Expiration
Christian Gomez 2 Youth Advisory June 30, 2025
Jeff Redondo 1 At-Large June 30, 2027
Appaswamy “Vino” Pajanor 1 At-Large June 30, 2028
(Vacant Seat) n/a At-Large June 30, 2028
The City Clerk recommends that the City Council ratify the recommended seat reassignments.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and determined that it is not site-specific.
Consequently, the real property holdings of the City Council members do not create a disqualifying real
property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et
seq.).
Staff is not independently aware and has not been informed by any City Council member of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current-year fiscal impact as a result of this action.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as a result of this action.
ATTACHMENTS
1. Ordinance 3578
2. Human Relations Commission Roster
Staff Contact:
Karina Lafarga, Deputy City Clerk II
Audrey Malone, Deputy Director, City Clerk Services
Kerry Bigelow, MMC, City Clerk
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ORDINANCE NO. 3578
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 2.36 RELATED
TO THE FUNCTIONS, DUTIES, AND MEMBERSHIP OF THE
HUMAN RELATIONS COMMISSION
WHEREAS, the Human Relations Commission is, among other things, tasked with the
development of a mutual understanding and respect among all such groups in the City and to help
eliminate prejudice discrimination; and
WHEREAS, following a City Council referral on proposed changes to the functions, duties,
and membership of the Human Relations Commission and subsequent input from the Commission,
on May 7, 2024, the City Council directed staff to return with implementing ordinance for various
changes; and
WHEREAS, the City Council desires to amend the functions, duties, and membership of
the Human Relations Commission.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 2.36 of the Chula Vista Municipal Code is amended as follows:
Chapter 2.36
HUMAN RELATIONS COMMISSION
Sections 2.36.010 and 2.36.020 remain unchanged.]
2.36.030 Functions and duties.
In cooperation with other relevant boards and commissions, the Human Relations Commission
shall perform the following duties and functions:
A. Foster mutual understanding, respect, and goodwill among all groups identified in CVMC
2.36.020(A);
B. Enlist the cooperation of the various groups, fraternal and benevolent associations, and other
groups in Chula Vista in programs and campaigns devoted to eliminating group prejudice,
intolerance, bigotry, and discrimination;
C. Study the problems in the event of civil unrest and examine the causes;
D. Study, review, analyze, and report to the Mayor, City Council, and the City Manager the
studies of state and federal agencies, and legislative enactments of state and federal governments,
including but not limited to the several civil rights acts of the United States government and the
state;
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Ordinance 3578
Page No. 2
E. Work together with City, state, and federal agencies in developing programs and events
showing the contributions of the various groups to the culture and traditions of the City, state, and
nation, with support from the Office of the City Manager:
1. Recognize Chula Vista residents who contribute to improved human relations among all
Chula Vistans on an annual basis. The Commission shall recommend Chula Vista residents
for this honor following a nomination and selection process set forth by resolution of the
Commission. Honorees will be recognized annually at a City Council meeting.
2. In partnership with the Office of the Mayor and City Council, recognize various months of
significance as set forth in Council Policy [number to be determined].
3. In partnership with the Office of the Mayor and City Council, host celebrations or
recognize significant days as set forth in Council Policy [number to be determined].
F. Promote the establishment of local community organizations in building and strengthening
relationships with community groups and nonprofits, including those that support the well-being
of the unhoused community in Chula Vista;
G. Work with relevant boards and commissions as needed to explore ways to improve municipal
services and community relations within the scope of the Commission’s purpose as stated in
CVMC 2.36.020(A);
H. Advise the City Council and the City Manager of policies and programs of a formal and
informal nature that will aid in eliminating all types of discrimination based on race, religion, color,
creed, national origin, ancestry, age, gender, sexual orientation, disability, medical condition, place
of birth, citizenship/immigration status, marital status, or military service, and secure the
furnishing of equal services to all residents and maintain the quality of opportunity for employment
and advancement in the City government.
The Commission shall be advisory in its function and shall have no police or enforcement powers.
It shall issue no reports or recommendations except through the City Council and the City
Manager. (Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011; Ord. 2543 § 2, 1993; Ord. 1909 § 2, 1980;
Ord. 1857 § 1, 1979; Ord. 1120 § 1; prior code § 1.4.3).
2.36.040 Membership.
A. The Human Relations Commission shall consist of 11 Voting Members and one Youth
Advisory Member, to be appointed in accordance with Article VI of the City Charter, Chapter 2.25
CVMC, and this chapter.
1. Three voting seats shall be nominated and appointed in accordance with the general
appointment process specified in CVMC 2.25.052(A).
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Ordinance 3578
Page No. 3
2. The eight remaining voting seats shall be divided equally among the Council districts and
each Council district seat shall be appointed in accordance with the district-based
appointment process specified in CVMC 2.25.052(C). Members must be residents of the
corresponding Council district and must maintain their district residency throughout their
tenure.
3. The Youth Advisory Member shall meet the qualifications specified in CVMC 2.25.030(E)
and shall be nominated and appointed in accordance with the general appointment process
specified in CVMC 2.25.052(A).
B. The Members shall be: (1) representative of the diversity of the City; (2) specifically chosen
to reflect the interests and concern with the protection of civil liberties of all people which make
up the City’s residents; (3) committed to fostering better human relations in the City of Chula
Vista; and (4) associated with the business and/or civic activities of the City. (Ord. 3539 § 1(E),
2022; Ord. 3405 § 1, 2017; Ord. 3211 § 10, 2011).
Sections 2.36.050 and 2.36.060 remain unchanged]
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable, or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance or its
application to any other person or circumstance. The City Council of the City of Chul a Vista
hereby declares that it would have adopted each section, sentence, clause, or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
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rdinance 3578
Page No. 4
Presented by Approved as to form by
Maria V. Kachadoorian Marco A. Verdugo
City Manager City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 10th day of September 2024, by the following vote:
AYES: Councilmembers: Chavez, Gonzalez, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: Morineau
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3578 had its first reading at a regular meeting held on the 13th day of August 2024,
and its second reading and adoption at a regular meeting of said City Council held on the 10th day
of September 2024 and was duly published in summary form in accordance with the requirements
of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
Docusign Envelope ID: FFD4D9E1-B7C2-4054-BD34-DACB0E49B4E7
9/12/2024
Page 98 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Human Relations Commission Roster
Filing Categories: N/A Positions: 12 Vacant: 1
Secretary: Karla Mendez Chair: Petrina Branch Vice Chair: * TBD
Last Name First Name Address
Branch Petrina District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 1 08/09/2022 06/30/2026
1 1 06/12/2018 06/30/2022
0 1 11/07/2017 11/21/2017 06/30/2018 At-Large Original Member
Diaz David District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 2 07/25/2023 07/27/2023 06/30/2027 At-Large Replaced Godinez
Gomez Christian District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 4 07/25/2023 06/30/2025
0 4 05/16/2023 05/23/2023 06/30/2023 Youth Advisory Member 1st seat appoitmnet
Hecklinski Tiffany District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
0 0 04/23/2024 05/07/2024 06/30/2025 At-Large Replaced Baber
Hodge Sandra District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 0 08/13/2024 06/30/2028 At-Large
0 0 10/17/2023 10/24/2023 06/30/2024 At-Large Replaced Custodio-Tan
Holm Julie District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 5 07/25/2023 07/26/2023 06/30/2027 At-Large Replaced Ratner
Kean-Ayub Nadia District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 6 08/09/2022 06/30/2026
1 6 01/22/2019 02/05/2019 06/30/2022 At-Large Replaced Bordeaux
Lares-Urquidez Leticia District 4
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 8 04/18/2023 04/25/2023 06/30/2026 At-Large Replaced Medina R
Olaoye Mopelola District 3
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 9 07/27/2021 08/10/2021 06/30/2025 At-Large Replaced Gonzalez D
Printed: 09/24/2024 Page 99 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Human Relations Commission Roster
Filing Categories: N/A Positions: 12 Vacant: 1
Secretary: Karla Mendez Chair: Petrina Branch Vice Chair: * TBD
Last Name First Name Address
Pajanor Appaswamy
"Vino"
District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
2 0 08/13/2024 06/30/2028 At-Large
1 0 06/14/2022 08/09/2022 06/30/2024 At-Large Replaced Martinez-Montes
Redondo Jeff District 1
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
1 7 07/25/2023 08/29/2023 06/30/2027 At-Large Replaced Lake
VACANT - Felix William District 2
Term Position Appoint Swear in Term Exp.Appt. Criteria Comments
06/30/2028 At- Large Original Member
Printed: 09/24/2024 Page 100 of 352
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v . 0 0 5 P a g e | 1
November 5, 2024
ITEM TITLE
Housing Policy: Amend Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing)
Report Number: 24-0272
Location: No specific geographic location
Department: Housing and Homeless Services and City Clerk
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required.
Recommended Action
Place an ordinance on first reading to amend Chula Vista Municipal Code Chapter 19.91 (Inclusionary
Housing) to update the residential threshold of applicability from ten to twenty units. (First Reading)
SUMMARY
This item amends Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) to correct the threshold
of applicability to twenty units, as requested by the City Council on May 21, 2024. The updated threshold was
inadvertently omitted in the second reading of Ordinance 3572, adopted on May 28, 2024.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with CEQA. The
activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal
consists of a reporting action, is not for a site-specific project(s) and will not result in a direct or indirect
physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
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DISCUSSION
On May 21, 2024, City Council placed Ordinance 3572 on first reading with one requested amendment to
Chula Vista Municipal Code Chapter 19.91 (Inclusionary Housing) to alter the applicable threshold for
properties subject to the chapter from ten to twenty units in sections 19.91.050(A), (B), and (C). During the
second reading of Ordinance 3572 on May 28, the original language of the ordinance was inadvertently
presented and adopted.
This item amends section 19.91.050 to correct the threshold of applicability of the inclusionary requirement
from ten to twenty units as directed by City Council on May 21, as follows:
19.91.050 Inclusionary Requirements.
A. Residential or mixed-use development projects with fewer than ten twenty units shall not be
required to meet the provisions of this Chapter.
B. For residential or mixed-use development projects of ten twenty or more For-Sale units, except those
projects complying with this Chapter in an alternative manner consistent with Section 19.91.080 below, 10%
of the units shall be restricted For-Sale at an Affordable Housing Cost, as follows:
1. The first Inclusionary Unit required by this Chapter shall be restricted For -Sale at an
Affordable Housing Cost to a Moderate-Income Household;
2. The second Inclusionary Unit required by this Chapter shall be restricted For -Sale at an
Affordable Housing Cost to a Low-Income Household;
3. All subsequent Inclusionary Units shall follow a similar order of distribution as above such
that, to the extent possible, 50% of Inclusionary Units will be restricted For-Sale to Moderate-Income
Households, and 50% to Low-Income Households.
C. For residential or mixed-use development projects of ten twenty or more Rental units, except those
projects complying with this Chapter in an alternative manner consistent with Section 19.91.080 below, 10%
of the units shall be restricted at an Affordable Rent, as follows:
1. The first Inclusionary Unit required by this Chapter shall be restricted as a Moderate-Income
Unit;
2. The second Inclusionary Unit required by this Chapter shall be restricted as a Low -Income
Unit; and
3. All subsequent Inclusionary Units shall follow a similar order of distribution as above such
that, to the extent possible 50% of Inclusionary Units will be designated as affordable to Moderate-
Income Households, and 50% to Low-Income Households.
D. Fractional Inclusionary Units that may result from the application of these requirements may be met
by rounding up to provide an additional Inclusionary Unit consistent with this Section 19.91.050(C), or by
paying a fractional Housing In-Lieu Fee as noted in Section 19.91.070.
E. If a proposed Residential Development project would result in the elimination of existing deed
restricted affordable housing units, the affordable units must be replaced on a one-for-one basis with
equally affordable deed restricted units with a new Affordability Agreement recorded that results in
resetting and making consistent the duration of affordability consistent with the requirements of this
Chapter.
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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 disqualifyi ng 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 impact to the General Fund because of this action.
ONGOING FISCAL IMPACT
There is no ongoing impact to the General Fund. Future costs associated with the review and implementation
of policies are covered through the establishment of processing and monitoring fees adopted in the Master
Fee Schedule.
ATTACHMENTS
None.
Staff Contact: Stacey Kurz, Director of Housing & Homeless Services
Kerry Bigelow, City Clerk
Page 103 of 352
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1
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE (CVMC) TITLE 19
(PLANNING AND ZONING) CHAPTER 19.91
(INCLUSIONARY HOUSING)
WHEREAS, the City of Chula Vista strives to ensure the City supports varied housing
opportunities for the diverse needs of residents including the establishment of permanent
affordable housing opportunities for low- and moderate- income households and rental affordable
housing opportunities for very low-, low-, and moderate- income households; and
WHEREAS, Policy 3.4 of the 2021-2029 Housing Element identified reviewing the
Balanced Communities Policy for its feasibility in making progress to low- and moderate-income
Regional Housing Needs Allocation for the City; and
WHEREAS, in the spring of 2023 Housing staff contracted with a third-party consultant,
RSG, to conduct a feasibility analysis, hold multiple public stakeholder meetings, and draft an
inclusionary ordinance; and
WHEREAS, on May 21, 2024 City Council placed on first reading Ordinance 3572 with
one requested amendment to Chapter 19.91 (Inclusionary Housing) to alter the applicable
threshold for properties subject to the chapter from ten to twenty units in sections 19.91.050(A),
(B), and (C); and
WHEREAS, on May 28, 2024 a second reading of Ordinance 3572 was heard which was
inadvertently adopted with the original language; and
WHEREAS, this amendment adopts the language as requested by Council on May 21 to
update section 19.91.050(A), (B), and (C) to “twenty” units.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find and
ordain as follows:
Section I. Findings
The City Council of the City of Chula Vista finds that the proposed amendments to the CVMC
identified in this Ordinance No. qualifies for the “common sense” exemption under State CEQA
Guidelines Section 15061(b)(3). The action involves updates, modifications, and organizational
changes to the CVMC relating to section titles, definitions, groups covered under density bonus,
percentages, etc. Furthermore, the action of updating and modifying the CVMC with procedural
and clerical changes will not result in an intensification of uses or a change in development
potential within the City above what already is permitted under the existing land use and zoning
policies of the CVMC that are being updated. Based on an analysis of the nature and type of these
procedural and clerical changes to the CVMC, there is a certainty that there is no possibility that
the action may have a significant effect on the environment.
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2
Section II. The Chula Vista Municipal Code Title 19 (Planning and Zoning), Chapter 19.91
(Inclusionary Housing) is hereby amended, as follows:
Chapter 19.91
INCLUSIONARY HOUSING
[Sections 19.91.010 – 19.91.040 remain unchanged]
19.91.050 Inclusionary Requirements.
A. Residential or mixed-use development projects with fewer than twenty units shall not be
required to meet the provisions of this Chapter.
B. For residential or mixed-use development projects of twenty or more For-Sale units, except
those projects complying with this Chapter in an alternative manner consistent with Section
19.91.080 below, 10% of the units shall be restricted For-Sale at an Affordable Housing Cost, as
follows:
1. The first Inclusionary Unit required by this Chapter shall be restricted For-Sale at
an Affordable Housing Cost to a Moderate-Income Household;
2. The second Inclusionary Unit required by this Chapter shall be restricted For-Sale
at an Affordable Housing Cost to a Low-Income Household;
3. All subsequent Inclusionary Units shall follow a similar order of distribution as
above such that, to the extent possible, 50% of Inclusionary Units will be restricted For-
Sale to Moderate-Income Households, and 50% to Low-Income Households.
C. For residential or mixed-use development projects of twenty or more Rental units, except
those projects complying with this Chapter in an alternative manner consistent with Section
19.91.080 below, 10% of the units shall be restricted at an Affordable Rent, as follows:
1. The first Inclusionary Unit required by this Chapter shall be restricted as a
Moderate-Income Unit;
2. The second Inclusionary Unit required by this Chapter shall be restricted as a Low-
Income Unit; and
3. All subsequent Inclusionary Units shall follow a similar order of distribution as
above such that, to the extent possible 50% of Inclusionary Units will be designated as
affordable to Moderate-Income Households, and 50% to Low-Income Households.
D. Fractional Inclusionary Units that may result from the application of these requirements
may be met by rounding up to provide an additional Inclusionary Unit consistent with this Section
19.91.050(C), or by paying a fractional Housing In-Lieu Fee as noted in Section 19.91.070.
Page 105 of 352
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3
E. If a proposed Residential Development project would result in the elimination of existing
deed restricted affordable housing units, the affordable units must be replaced on a one-for-one
basis with equally affordable deed restricted units with a new Affordability Agreement recorded
that results in resetting and making consistent the duration of affordability consistent with the
requirements of this Chapter.
[Sections 19.91.060 – 19.91.120 remain unchanged]
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 (30th) 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
Director of Housing & Homeless Services City Attorney
Page 106 of 352
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v . 0 0 5 P a g e | 1
November 5, 2024
ITEM TITLE
Grant Award and Appropriation: Accept and Appropriate Grant Funds from the U.S. Department of Justice
for the Community Policing Development Microgrant program
Report Number: 24-0282
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 accepting $112,745 grant funds from the U.S. Department of Justice for the Community
Policing Development program and appropriating said funds to the Police Grants Section of the Federal
Grants Fund. (4/5 Vote Required)
SUMMARY
The Police Department has received notice of the 2024 Community Policing Development Microgrant award
in the amount of $112,745 from the U.S. Department of Justice’s Office of Community Oriented Policing
Services (COPS). These funds will be used to expand the Police Department’s community engagement efforts
by providing comprehensive academies to the community.
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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable.
DISCUSSION
On March 21, 2024, the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS
Office) announced funding for the COPS Office FY24 Community Policing Development (CPD) Microgrants
program. CPD Microgrants funds are used to develop the capacity of law enforcement to implement
community policing strategies by providing guidance on promising practices through the development and
testing of innovative strategies; building knowledge about effective practices and outcomes; and supporting
new, creative approaches to preventing crime and promoting safe communities.
The Police Department submitted a grant application on May 21, 2024 to enhance community engagement
efforts. Specifically, the department will conduct various academies to give the community an opportunity
to learn about law enforcement operations and have personal interactions with CVPD personnel. These
academies will have a multidisciplinary training approach, based on a cu rriculum directed at building trust
and legitimacy between law enforcement and the community. The curriculum will be based on practices
steeped in justice, equity, diversity and inclusion for all participants. On September 30, 2024, the Police
Department received notice of the 2024 Community Policing Development Microgrant award in the amount
of $112,745.
Teen Academy & Community Academy
COPS grant funding will allow the Police Department to conduct two Teen Academies and two Community
Academies. These academies will allow the community to learn about police operations and demonstrate
how public safety is our top priority. For the academy specifically designed for teens, this curriculum will
contain instruction surrounding issues that plague our teens, such as vaping/tobacco use, internet safety and
teen domestic violence.
Community Leadership Academy
Through grant funding, the Police Department will conduct two Community Leadership Academies, which
will focus on the primary community concerns with regards to law enforcement operations. The course’s
curriculum will be designed for community leaders from the political, business, faith -based and
neighborhood associations to help us maintain and strengthen our legitimacy, trust and open lines of
communication.
With the COPS grant funding, these enhancements will bolster the Police Department’s community
engagement efforts and create a stronger bond between our organization and the community we serve.
Funds are mainly used for staff overtime ($104,376) to conduct the academies. $3,000 will be used for
supplies to conduct the academies and $5,369 is funded for indirect costs to administer the grant.
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.).
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P a g e | 3
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
Approval of this resolution will result in the acceptance of $112,745 in grant revenues from the U.S.
Department of Justice, increased appropriations of $104,376 to the personnel services category and $8,369
to the other expenses category in the Police Grants section of the Federal Grants Fund. The table below
outlines the spending plan for the Community Policing Development Microgrants program.
DESCRIPTION FY 2024-25
Overtime costs to conduct academies $104,376
Other expenses $8,369
TOTAL $112,745
Funding from the U.S. Department of Justice will completely offset these costs, resulting in no net fiscal
impact to the General Fund.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund as a result of this action.
ATTACHMENTS
None.
Staff Contact: Chief Roxana Kennedy, Police Department
Administrative Services Manager Jonathan Alegre, Police Department
Page 109 of 352
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November 5, 2024 Post Agenda
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING GRANT FUNDS FROM THE U.S.
DEPARTMENT OF JUSTICE FOR THE COMMUNITY
POLICING DEVELOPMENT MICROGRANTS PROGRAM,
AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the Police Department has been awarded $112,745 in grant funding from the
U.S. Department of Justice for the Community Policing Development Microgrants program; and
WHEREAS, Community Policing Development (CPD) funds are used to develop the
capacity of law enforcement to implement community policing strategies by providing guidance
on promising practices through the development and testing of innovative strategies, building
knowledge about effective practices and outcomes, and supporting creative approaches to
preventing crime and promoting safe communities; and
WHEREAS, the Police Department will use these grant funds to enhance its Teen
Academy, Community Academy and Community Leadership Academy with the goal of
strengthening trust and transparency with the community; and
WHEREAS, the grant funds provided by the U.S. Department of Justice 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 the City Manager, or designee, is authorized to enter into and execute an agreement with the
U.S. Department of Justice, any amendments, extensions, or renewals of the agreement, and any
and all documents necessary and appropriate to implement this resolution in the form as may be
required or approved by the City Attorney.
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.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
accepts $112,745 from the U.S. Department of Justice and amends the fiscal year 2024-25 budget
by appropriating $104,376 personnel costs and $8,369 other expenses in the Police Grants Section
of the Federal Grants Fund for the Community Policing Development Microgrants program.
Page 110 of 352
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November 5, 2024 Post Agenda
Resolution No.
Page 2
Presented by Approved as to form by
Roxana Kennedy Marco A. Verdugo
Chief of Police City Attorney
Page 111 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
1
Jonathan Alegre
From:Maria Kachadoorian
Sent:Monday, September 30, 2024 5:29 PM
To:Roxana Kennedy
Cc:Jonathan Alegre
Subject:FW: FY24 Community Policing Development – Microgrants
FYI
From:Office of Community Oriented Policing Services COPS)
Sent:Monday,September 30,2024 10:18 AM
To:Maria Kachadoorian mkachadoorian@chulavistaca.gov>
Subject:FY24 Community Policing Development Microgrants
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
Re:COPS Office FY24 CPD Microgrants,Award Number 15JCOPS 24 GG 02550 PPSE
Dear Maria Kachadoorian:
On behalf of the Attorney General of the United States,Merrick B.Garland,and the Office of Community
Oriented Policing Services COPS Office),it is my pleasure to inform you that we have approved your proposal
for FY24 CHULA VISTA,CITY OF,CA Microgrant under the FY24 CPD Microgrants in the amount of 112,745.00.
The COPS Office recognizes and appreciates your commitment to this very important initiative.
Page 112 of 352
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November 5, 2024 Post Agenda
At the COPS Office,our mission is advancing community policing nationwide.We prioritize this by supporting
state,local,tribal,and territorial law enforcement agencies as they carry out their vital public safety missions.
The project you will implement with these award funds contributes to the mission of the COPS Office and the
greater goal of reducing crime and building trust between law enforcement and communities served.The
team at the COPS Office looks forward to supporting you as you implement this important work.
In the coming days,the COPS Office will release your award package via the Justice Grant System JustGrants)
website.At that time,you will receive an automated email with additional information on how to access,
review,and accept your award.You will also be contacted separately by your assigned grant manager and you
can always seek assistance with your award from AskCOPSRC@usdoj.gov.
I want to extend my personal appreciation for your efforts and congratulate you on this award.On behalf of
the staff at the COPS Office,we look forward to working with you on this important project.
Sincerely,
Hugh T.Clements,Jr.
Director
You have received this email because you have requested Awards updates from the U.S. Department of Justice's Community Oriented Policing Services (COPS) Office. Your
subscription information may not be used for any other purposes.
Manage Your Subscriptions | Department of Justice Privacy Policy | GovDelivery Privacy Policy
This email was sent to mkachadoorian@chulavistaca.gov using GovDelivery Communications Cloud on behalf of: The Office of Community
Oriented Policing Services (COPS Office) 145 N St, NE Washington, DC 20530 800-
Page 113 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
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November 5, 2024
ITEM TITLE
Agreement: Approve a Legal Services Agreement with Gatzke, Dillon & Balance, LLP to Provide On-Call Legal
Services for the Development Services Department
Report Number: 24-0287
Location: No specific geographic location
Departments: Development Services and 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 a Legal Services Agreement with Gatzke, Dillon & Balance, LLP for on-call legal
services to assist the Development Services Department for a not-to-exceed amount of $350,000.
SUMMARY
The Development Services Department processes a large volume and variety of permits for private
development projects that require legal review and/or consultation throughout the permitting process,
including support of the Planning Commission. This amendment will allow Development Services to obtain
legal services from Gatzke, Dillon & Ballance, LLP in support of private development project permitting and
Planning Commission. As part of their legal services, Gatzke, Dillon & Balance, LLP reviews project
documents scheduled for Planning Commission and attends Planning Commission meetings on behalf of the
City Attorney’s Office.
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.
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BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
The City of Chula Vista (“City”) has an important business need for on-call legal services to support the
Development Services Department for private development projects. The Development Services Department
provides permitting services for a variety of projects, from individual homeowners to large development of
subdivisions, for private development projects throughout the City. Many of these projects require legal
review during the permitting process, including projects that require Planning Commission approval.
With retirements of key staff in the City Attorney’s Office, Development Services began to use the on-call legal
services of Gatzke, Dillon & Balance, LLP in November 2022. To date, Gatzke, Dillon & Balance, LLP has
reviewed many development projects requiring Planning Commission approval; supported staff at a Zoning
Administrator Public Hearing; supported staff at City Council for projects and supported staff on an appeal
of the Zoning Administrator’s decision. To date, Development Services has found Gatzke, Dillon & Balance,
LLP very responsive with all requested legal service needs. Prompt legal review of development projects
allows Development Services to continue to provide our customer’s the quality services they expect from the
City. Additionally, the prompt responsiveness of legal services reduces delays in the development of housing
units within the City.
Adoption of the proposed resolution approves a legal services agreement with Gatzke, Dillon & Balance, LLP
for on-call Development Services Department related legal service. The agreement provisions provide for an
initial one-year term, the option to extend the agreement for four additional one year terms, and a not-to-
exceed contract amount of $350,000. It is anticipated that most of the costs for work performed under the
agreement will be reimbursed by developer deposit account funds.
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 anticipated current year fiscal impact to the General Fund or Development Services Fund as a
result of this action, as the costs of the agreement would be within the current year budget. It is additionally
anticipated that most of the costs will be reimbursed by developer deposit account funds.
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ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund or Development Services Fund as a result of this
action. It is anticipated that the costs would be within the corresponding fiscal year budget the legal
services are provided, and that most costs will be reimbursed by developer deposit account funds.
ATTACHMENTS
1. Legal Services Agreement, dated December 1, 2024
Staff Contact: Laura C. Black, AICP, Director of Development Services
Megan McClurg, Assistant City Attorney
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City of Chula Vista - City Council
November 5, 2024 Post Agenda
Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A LEGAL SERVICES
AGREEMENT BETWEEN THE CITY AND GATZKE, DILLON
& BALLANCE, LLP TO PROVIDE ON CALL LEGAL
SERVICES FOR THE DEVELOPMENT SERVICES
DEPARTMENT
WHEREAS, the Development Services Department processes a large volume and variety
of permits for private development projects that require legal review and/or consultation
throughout the permitting process, including support of the Planning Commission; and
WHEREAS, Gatzke, Dillon & Ballance, LLP is highly experienced and responsive in
providing the required Development Services Department legal services; and
WHEREAS, most of the legal work projected to be performed in support of the
Development Services Department is expected to be directly reimbursed by developer deposit
accounts; and
WHEREAS, the City Attorney and City staff therefore recommends approving a Legal
Services Agreement with Gatzke, Dillon & Balance, LLP with an initial one-year term and the
option to extend the term of the Agreement for up to four one year increments, and a not-to-exceed
amount of $350,000.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the Legal Services Agreement to provide on-call legal services for the
Development Services Department between the City and Gatzke, Dillon & Ballance, 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 the
City Attorney to execute same.
Presented by Approved as to form
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
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LEGAL SERVICES AGREEMENT
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALANCE LLP
This Legal Services Agreement (“Agreement”) is entered into December 1, 2024 (“Effective
Date”), by and between the City of Chula Vista (“City”) and Gatzke Dillon & Balance LLP (“Attorney”).
RECITAL
Attorney represents it is qualified by virtue of experience, training, education, and expertise to
accomplish the services to be provided under this Agreement.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. Term of Agreement. This Agreement shall cover services rendered from the first
communication between the City and Attorney until one-year after the Effective Date. Notwithstanding
the original term above, the City has the option to extend the term of this Agreement for up to four (4)
one-year increments. The City Attorney shall be authorized to exercise the options to extend. If City
exercises an option to extend, each extension shall be on the same terms and conditions herein unless
otherwise amended in a written amendment between the parties.
2. Services to be Provided. The services to be performed by Attorney shall consist of the
performance of any and all tasks and services reasonably required to advise, assist, and fully and
competently represent the City in all legal matters presented to Attorney and on any matters in litigation,
wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services shall include,
but are not limited to, any and all reasonably required legal representation on behalf of the City in the
matter of on-call legal services to assist the Development Services Department.
collectively, the “Required Services”).
3. Compensation - Attorney shall be compensated for performance of the Required Services as
follows:
3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not
exceed $350,000 without the express written authorization of the City prior to work or services
performed. Any amounts incurred beyond that amount that were not so approved in writing, are subject
to non-payment.
Prior to commencing services under this Agreement, Attorney shall obtain advance approval of
the individual attorneys who will be performing any Required Services. Additionally, Attorney shall
obtain advance approval of any changes to the individual attorneys performing any Required Services.
The City shall compensate Attorney for the Required Services satisfactorily performed and approved at
the following hourly rates:
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Partners $375.00/hour
Associate Attorneys $295.00/hour
Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as
defined below, such hourly compensation shall be the sole and total remuneration for services rendered
pursuant to this Agreement.
3.2 Billing. Attorney agrees to provide City with a detailed invoice for the Required Services
performed each month, within thirty (30) days of the end of the month in which the Required Services
were performed. Invoicing shall begin on the first of the month following the Effective Date of the
Agreement. All charges must be presented in a line item format and in a manner such that each task is
separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The
invoice shall include the amount, billing rate, basis for calculation of all fees and costs, total fees and
costs incurred, total amount paid and balance remaining. All invoices submitted must include, on the
first page of the invoice, the original estimated budget, and all subsequently revised budgets, beginning
with the first invoice submitted and all invoices thereafter.
The City does not pay for the preparation of billings or for discussions concerning billing. The
City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall
not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for
performing any task unless the City has expressly authorized in writing the use of two or more attorneys
for the appearance or task.
All billing for work performed under this Agreement shall be sent to the following:
City of Chula Vista Attorney’s Office
ATTN: Law Office Manager
276 Fourth Avenue
Chula Vista, CA 91910
3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that
the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees
to pay Attorney for the approved amounts within thirty (30) days.
3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs, travel,
and expenses. These records shall be made available to the City upon reasonable request.
The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by
Attorney in performing any services under this Agreement as follows:
a) Photocopying charges at no more than $0.15 per page.
b) Parking Fees at the actual amount charged to Attorney.
c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred
outside of San Diego County must be authorized and approved in advance of the
City.
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d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees
and the cost of serving process actually incurred by Attorney.
e) Attorney may seek reimbursement for any actual, reasonable and necessary
expenses incurred on items not identified above with the prior authorization and
approval by the City.
The City will not reimburse Attorney for any additional charges incurred due to “rush”
deliveries or “late” charges, unless such expenses are approved in writing and in advance by the City
after the need for such services is determined by the City to be reasonably beyond the control of Attorney.
To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with
all supporting receipts, within thirty (30) days of the expense being incurred.
3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any
investigators, may be retained on terms acceptable to the City, authorized and approved in writing and
in advance, for which the City shall reimburse the Attorney or pay investigators, consultants, or experts
directly. In no event shall Attorney retain any service of any expert, investigator, or consultant without
first receiving express authorization and approval from the City.
4. Insurance.
4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full
force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall
provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and four
million dollars ($4,000,000.00) aggregate. The City reserves the right to require insurance for a higher
coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of “A+”
or better. The insurance policy required under this paragraph shall b e endorsed to state that coverage
shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days
prior written notice, by certified mail return receipt requested, given to the City. If the Attorney
maintains higher limits than the minimums stated above, the City requires and shall be entitled to
coverage for the higher limits maintained by the Attorney.
Said insurance policy shall provide coverage to the City for any damages or losses suffered by
the City as a result of any error or omission, or neglect by Attorney which arise out of the services
rendered under this Agreement. Such insurance may not be subject to a self-insured retention or
deductible in an amount in excess of Twenty-Five thousand ($25,000.00) dollars without prior written
authorization and approval by the City.
Attorney shall, within ten (10) days after entering into this Agreement, and before commencing
or performing any services under the Agreement, deposit with the City Attorney, a Certificate of
Insurance certifying that all insurance required herein is, and will be, in full force and effect from the
time the Agreement is entered into until the later of the date of expiration or termination of this
Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney
shall renew the Certificates of Insurance at least fifteen (15) days prior to expiration and submit to the
City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of
Insurance may result in a delay of payment.
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Attorney shall not commence any work under this Agreement until Attorney has obtained and
submitted all City approved insurance.
All insurance required shall be carried only by responsible insurance companies licensed to do
business in California. All policies shall contain language to the effect that: (1) the insurer waives any
right of subrogation against the City and the City’s elected officials, officers, employees, agents, and
representatives; and (2) insurance shall be primary non-contributing and any other insurance carried by
the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable
policies promptly upon receipt.
Nothing in this section shall be construed to make Attorney other than an independent
contractor for all purposes.
Attorney agrees to notify the City in the event that the limits shall fall below the coverage stated
above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not,
obtained.
5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its
employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss,
claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’ fees, arising out
of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance
of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub-
contractors, or independent contractors of Attorney, except where the loss or liability a rises out of the
sole negligence or willful misconduct of the City.
6. City Agent. The City Attorney, for the purposes of this Agreement, is the agent for the City.
Whenever authorization or approval is required, Attorney understands that the City Attorney has the
authority to provide the authorization or approval.
7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not
be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes,
workers compensation taxes, and any other taxes for employees.
8. Conflict of Interest. Attorney represents that they presently have no material financial interest
other than that which may be held by the general public and shall not acquire any i nterest, direct or
indirect, in any contract or decision made on behalf of the City which may be affected by the services to
be performed by Attorney under this Agreement. Attorney further agrees that no person having any such
interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal
interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain
from any contracts or decisions under this Agreement.
In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the
Business and Professions Code and by California Rules of Professional Conduct, Attorney represents
that no Attorney shall represent clients before any board, commission, committee or agency of the City
or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid
conflicts of interest or the appearance of a conflict of interest in performance of this Agreement.
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Attorney shall immediately notify the City Attorney of any circumstances, or change of circumstances,
that may provide for the potential for a conflict of interest, or actual conflict of interest.
9. Non-Liability of Officials/Employees of the City. No official or employee of the City shall be
personally liable for any default or liability under this Agreement.
10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes ,
and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all
ethical and moral standards as represented by the Rules of Professional Conduct as applied to the
California State Bar.
11. Work Product. All documents, or other information developed or received, by Attorney shall
be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand
or upon termination of this Agreement.
12. Notices. Attorney must immediately advise City of any significant developments in the
performance of the Required Services. City requires that drafts of all pleadings or papers filed with the
court be provided to City in advance of filing and with adequate time for review and comment by City.
Attorney must immediately advise City of all trial related dates, any dat es for alternative dispute
resolution, and any motion or court hearing dates upon first notification to Attorney of such dates.
All notices shall be personally delivered or mailed, via first class mail, to the below listed address.
In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify
the City within ten (10) days of the date of any change of address and agree to keep an updated address
with the applicable Courts on any matters that Attorney is representing the City.
a. Address of Attorney is as follows:
Kevin P. Sullivan, Esq.
Gatzke Dillon & Ballance LLP
2762 Gateway Road
Carlsbad, California 92009
b. Address of City is as follows:
Marco A. Verdugo
City of Chula Vista Attorney’s Office
276 Fourth Avenue
Chula Vista, CA 91910
mverdugo@chulavistca.gov
13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this
Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not
substitute out as Attorney of Record on any matters it may be representing the City without first obtaining
written consent from the City, or first obtaining an appropriate Court Order, allowing Attorney to
withdraw as counsel of record.
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14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their
performance of Required Services rendered under this Agreement shall be assigned by Attorney or
subcontracted to any other party without prior written authorization and approval of the City.
15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race,
color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity
pursuant to this Agreement.
16. Time of Essence. Time is of the essence in the performance of this Agreement.
17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant
that they are duly authorized to execute this Agreement as herein stated.
18. City Audit. The City is required to complete an annual audit. The Auditors may contact and
require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees
to cooperate, at no charge to the City, for such cooperation or input as may be required.
19. Entire Agreement. This Agreement represents the parties’ final and mutual understanding.
This Agreement supersedes any previous agreements, oral or written.
20. Modification. This Agreement shall not be modified or replaced except by another signed,
written Agreement, properly executed by the parties.
21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any
other breach of that term, or any other term, in this Agreement.
22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable,
all other parts nonetheless shall remain in force.
23. Governing Law. This Agreement shall be interpreted and construed in accordance with the
laws of the State of California. Any action commenced regarding this Agreement shall be filed in the
Central Branch of the San Diego Superior Court.
24. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
25. Survival. All obligations arising prior to the termination of this Agreement and all provisions
of this Agreement allocating responsibility or liability between the City and Attorney survive the
termination of this Agreement.
26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political
Reform Act conflict of interest and disclosure provisions and shall report economic interests to the City
Clerk on the required Statement of Economic Interests in such reporting categories as are specified in
Exhibit A, or if none are specified, then as determined by the City Attorney.
27. Levine Act. California Government Code section 84308, commonly known as the Levine
Act, prohibits public agency officers from participating in any action related to a contract if such officer
receives political contributions totaling more than $250 within the previous twelve months, and for
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twelve months following the date a final decision concerning the contract has been made, from the person
or company awarded the contract. The Levine Act also requires disclosure of such contribution by a
party to be awarded a specific contract. In order to assure compliance with these requirements,
Consultant shall comply with the disclosure requirements identified in the attached Exhibit B,
incorporated into the Agreement by this reference.
IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year
shown hereinabove.
CITY OF CHULA VISTA
By: ________________________________________________________
Marco A. Verdugo, City Attorney
ATTORNEY
By: ________________________________________________________
Kevin P. Sullivan, Partner
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STATEMENT OF ECONOMIC INTERESTS
CITY OF CHULA VISTA
AND
GATZKE DILLON & BALLANCE LLP
Attorney: Kevin P. Sullivan
X ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer.
FPPC Filer.
If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at
conclusions with respect to its rendition of information, advice, recommendations or counsel
independent of the control and direction of the City or of any City official, other than normal contract
monitoring; and (2) possesses no authority with respect to any City decisio n beyond the rendition of
information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer.
If Attorneys are designated as FPPC filers, specify below which disclosure categories apply:
1. All investments, sources of income and business positions;
2. Interests in real property;
3. Investments, business positions, interests in real property, and sources of income
subject to the regulatory, permit or licensing authority of the department;
4. Investments and business positions in business entities and sources of income that
engage in land development, construction or the acquisition or sale of real property;
5. Investments and business positions in business entities and sources of income that,
within the past two years, have contracted with the City of Chula Vista to provide services,
supplies, materials, machinery or equipment;
6. Investments and business positions in business entities and sources of income that
within the past two years, have contracted with the designated employee’s department to
provide services, supplies, materials, machinery or equipment;
7. List interests in real property within 2 radial miles of Project Property, if any:
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EXHIBIT B
LEVINE ACT DISCLOSURE
California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City
of Chula Vista Officer1 (“Officer”) from taking part in decisions related to a contract if the Officer
received a political contribution totaling more than $250 within the previous twelve months, and for
twelve months following the date a final decision concerning the contract has been made, from the person
or company awarded the contract. The Levine Act also requires disclosure of such contribution by a
party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or
personal employment contracts.
A. The Levine Act DOES NOT apply to this Agreement.
B. The Levine Act does apply to this Agreement and the required disclosure is as follows:
Current Officers can be located on the City of Chula Vista’s websites below:
Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council
City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us
Planning Commissioners – www.chulavistaca.gov/pc
Candidate for Elected Office – www.chulavistaca.gov/elections
1. Have you or your company, or any agent on behalf of you or your company, made political
contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted
your proposal, the date you completed this form, or the anticipated date of any Council action related to
this Agreement?
YES: If yes, which Officer(s): N/A
NO:
2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make
political contributions totaling more than $250 to any Officer in the 12 months following the finalization
of this Agreement or any Council action related to this Agreement?
YES: If yes, which Officer(s): N/A
NO:
Answering yes to either question above may not preclude the City of Chula Vista from entering into or
taking any subsequent action related to the Agreement. However, it may preclude the identified
Officer(s) from participating in any actions related to the Agreement.
1 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for
elective office in an agency. GC § 84308
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November 5, 2024
ITEM TITLE
Agreement: Approve a First Amendment to the Consultant Services Agreement with Bureau Veritas North
America, Inc. to Provide Building Plan Check and Building and Fire Inspection Services for the Gaylord Pacific
Resort and Convention Center
Report Number: 24-0259
Location: 1000 H Street
Department: Development Services
G.C. § 84308: Yes
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for
an Exemption pursuant to Section 15061(b)(3) of the CEQA State Guidelines.
Recommended Action
Adopt a resolution approving a First Amendment to the Agreement for building plan check and inspection
services, including fire inspection services, and increasing the not-to-exceed amount for the initial term of
the Agreement from $2,000,000 to $3,000,000 for the Gaylord Pacific Resort and Convention Center.
SUMMARY
The City currently has agreements with three (3) consultants to provide permit processing, building plan
check and building inspection services. On June 1, 2022, the City entered into an additional agreement with
one of our consultants, Bureau Veritas North America, Inc. (“Bureau Veritas”), to assist with the plan review
of deferred submittals, plan changes, other plan submittals as well as provide building inspection services
for the Gaylord Pacific Resort and Convention Center (“Project”). To assist in maintaining project timelines,
an amendment to this agreement is being proposed to add fire inspection services. With the ongoing number
of building and fire inspections required for the Project, it is anticipated that the not-to-exceed amount in the
existing agreement will not be adequate.
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ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (“CEQA”) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption
pursuant to Section 15061(b)(3) of the CEQA State Guidelines. Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
Not applicable
DISCUSSION
Bureau Veritas performed the building plan check for the construction of the Project and has continued to
assist the City in the review of deferred submittals, plan changes, other submittals and building inspection
services for the Project since the original agreement went into effect on June 1, 2022. Pursuant to Chula Vista
Municipal Code section 2.56.110(H)(2), the original agreement waived the competitive selection process
requirements based on a determination that City’s interests would be materially better served by applying a
different purchasing procedure based on Bureau Veritas North America, Inc.’s in-depth knowledge of,
experience with, and ability to provide quality and timely services for the Gaylord Pacific Hotel and
Convention Center Project (Attachment 1).
The original agreement was a result of the City’s building inspection division not having adequate staff to
take on the additional inspection demands of the Project. The original agreement did not specifically include
fire inspection services. Given the importance of this Project to the City, and the increased demand for fire
inspections, staff recommends amending the original agreement with Bureau Veritas to include fire
inspection services (Attachment 2). Along with the qualified, contract building inspectors currently working
on the Project, Bureau Veritas can provide qualified fire inspectors to assist the City’s fire prevention division
with the remaining fire inspections for the Project. By employing Bureau Veritas to assist with fire
inspections for the Project, the City’s fire prevention division can continue to provide necessary inspection
services for all other construction projects throughout the City.
The original agreement with Bureau Veritas includes a three (3) year initial term through May 31, 2025, with
one (1) one-year option to extend. The maximum amount to be paid to Bureau Veritas for services performed
during the initial term shall not exceed $2,000,000. Through August 2024, a total of $1,582,857.50 has been
processed as part of this agreement. With the Project’s proposed completion date in May 2025, it is
anticipated that the ongoing number of building inspections required along with the additional fire
inspections being completed by Bureau Veritas, the current not-to-exceed amount needs to be increased.
Staff proposes amending the original agreement to increase the not-to-exceed amount for the initial term of
the agreement from $2,000,000 to $3,000,000 (Attachment 2).
Staff recommends that the City adopt a resolution approving the first amendment to the agreement with
Bureau Veritas to include fire inspection services and increase the not-to-exceed amount of the initial term
of the agreement from $2,000,000 to $3,000,000.
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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.)
CURRENT-YEAR FISCAL IMPACT
All costs of plan check and inspection services are borne by the developer, resulting in no current-year impact
to the General Fund or Development Services Fund as result of this action.
ONGOING FISCAL IMPACT
All costs of plan check and inspection services are borne by the developer, resulting in no ongoing fiscal
impact to the General Fund or Development Services Fund as a result of this action.
ATTACHMENTS
1. Consultant Services Agreement No. 2022-0241
2. First Amendment to Consultant Services Agreement with Bureau Veritas North America, Inc.
Staff Contact: Shayne Wagner, Building Official/ADA Coordinator, Development Services
Laura C. Black, AICP, Director of Development Services
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
CONSULTANT SERVICES AGREEMENT BETWEEN
BUREAU VERITAS NORTH AMERICA, INC. AND THE CITY
OF CHULA VISTA TO PROVIDE BUILDING PLAN CHECK
AND BUILDING AND FIRE INSPECTION SERVICES FOR
THE GAYLORD PACIFIC RESORT AND CONVENTION
CENTER
WHEREAS, the City currently has three agreements with consultants to provide permit
processing, building plan check, and building inspection services which will expire on January 31,
2026; and
WHEREAS, one of the three consultants, Bureau Veritas North America, Inc. (“Bureau
Veritas”) has performed building plan review for the construction of the Gaylord Pacific Hotel
and Convention Center (“Project”); and
WHEREAS, the City entered into a Consultant Services Agreement with Bureau Veritas
North America, Inc. to provide building plan check and building inspection services for the
Project on June 1, 2022, with an initial term of three years expiring on May 31, 2025 and a not to
exceed amount of $2,000,000 for the initial term (Agreement No. 2022-0241); and
WHEREAS, the City’s building inspection and fire prevention divisions are not currently
staffed to take on the additional inspection demands of the Project; and
WHEREAS, given the importance of the Project and the temporary nature of the additional
demand, the City desires to employ the services of a consultant to provide building and fire
inspection as well as other services for the Project; and
WHEREAS, to maintain consistency and to facilitate a streamlined plan review process
during construction, the City desires to continue to utilize the services of Bureau Veritas during
construction to review deferred submittals, plan changes, and other plan review submittals related
to the Project; and
WHEREAS, in addition to plan review services, due to Bureau Veritas’s in-depth
knowledge of and experience with the Project, and its ability to provide qualified contract
inspectors, the City also desires to employ the services of Bureau Veritas to provide building and
fire inspections for the Project; and
WHEREAS, the City desires to enter into this First Amendment to the Agreement to
increase the not to exceed amount for the initial term to $3,000,000. If the City exercises its option
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Resolution No.
Page 2
to extend the Agreement for up to one year, the total amount to be paid to Bureau Veritas for
services provided under the Agreement shall not exceed $4,000,000; and
WHEREAS, all costs of building plan check, building inspection and fire inspection
services performed by the Consultant, will be borne by the developer in the form of a deposit
account that the Consultant will charge time to; and
WHEREAS, Bureau Veritas warrants and represents that it is experienced and staffed in
a manner such that it can deliver these services to City in accordance with the time frames and
terms and conditions of the proposed agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it approves the First Amendment to the Consultant Services Agreement Between the City of
Chula Vista and Bureau Veritas North America, Inc. to Provide Plan Check and Building and Fire
Inspection Services for the Gaylord Pacific Resort and Convention Center, in the form presented,
with such minor modifications as may be required or approved by the City Attorney, a copy of
which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to
execute same.
Presented by Approved as to form by
Laura C. Black, AICP Marco A. Verdugo
Director of Development Services City Attorney
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CITY OF CHULA VISTA CONSULTANT
SERVICES AGREEMENT
WITH BUREAU VERITAS NORTH AMERICA, INC.
TO PROVIDE BUILDING PLAN CHECK AND BUILDING INSPECTION SEVICES FOR THE
GAYLORD PACIFIC RESORT AND CONVENTION CENTER
This Agreement is entered into effective as of June 1, 2022 (“Effective Date”) by and between the City of Chula
Vista, a chartered municipal corporation (“City”) and BUREAU VERITAS NORTH AMERICA, INC., a
California Corporation (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to
the following facts:
RECITALS
WHEREAS, City currently has three agreements with consultants to provide permit processing, building
plan check, and building inspection services which will expire on January 31, 2023; and
WHEREAS, one of the three consultants, Bureau Veritas North America, Inc., performed building plan
review for the Gaylord Pacific Hotel and Convention Center (“Project”); and
WHEREAS, to maintain consistency and to facilitate plan reviews during construction, the City desires to
continue to use the services of Consultant during construction to plan review deferred submittals, plan changes,
and other plan review submittals related to the Project; and
WHEREAS, City’s current building inspection division is not staffed to take on the additional inspection
demands of the Project and because of the temporary nature of the additional demand, the City desires to employ
the services of a consultant to provide building inspections for the Project; and
WHEREAS, in addition to plan review, and due to Consultant’s ’s in-depth knowledge of the Project and
the ability to provide qualified contract inspectors, the City desires to employ the services of Consultant to provide
building inspections for the Project; and
WHEREAS, the City desires to waive the competitive bidding requirements pursuant to Chula Vista
Municipal Code (“CVMC”) section 2.56.110, finding that circumstances support waiving the competitive bid
requirements in that the City’s interest would be better served by said waiver, and enter into this Agreement with
an initial term amount not to exceed $2,000,000, with one (1) one-year option to extend. If the City exercises the
additional option to extend the Agreement, the total amount to be paid to the Consultant for services provided
during this Agreement shall not exceed $3,000,000; and
WHEREAS, all costs of building plan check and building inspection services performed by the
Consultant, will be borne by the developer in the form of a deposit account that the Consultant will charge time
to; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
End of Recitals. Next Page Starts Obligatory Provisions.]
1 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
DocuSign Envelope ID: F39DBA6F-3FE5-4DE3-B491-0AA70C6238A1
R2022-118
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2 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the standard of care exercised by members of the profession
currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. Intentionally omitted.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
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shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
3 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
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4 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
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right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified
Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including
reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions,
negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors,
arising out of or in connection with the performance of the Required Services, the results of such performance,
or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and
expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is
liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent
acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
5 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
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6 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that
no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors.
Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest
is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the
right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
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7 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class
mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this
Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
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8 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
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or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
End of page. Next page is signature page.)
9 City of Chula Vista Agreement No.: 2022-0241
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IGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree
that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent
to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
BUREAU VERITAS NORTH AMERICA,
INC.
CITY OF CHULA VISTA
BY: BY:
Craig Baptista MARY CASILLAS SALAS
Vice President – Facilities Division, West
Region
MAYOR
ATTEST1
BY:
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
Glen R. Googins
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
276 Fourth Avenue
Chula Vista, CA 91910
619-409-5805
jayalvarado@chulavistaca.gov
For Legal Notice Copy to:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
BUREAU VERITAS NORTH AMERICA, INC.
Craig Baptista, Vice President – Facilities Division, West Region
180 Promenade Circle, Suite 150
Sacramento, California 95834
916-514-4516
craig.baptista@bureauveritas.com
For Legal Notice Copy to:
Ronald W. Victor, Associate General Counsel
1601 Sawgrass Corporate Parkway, Suite 400
Ft. Lauderdale, FL 33323
954-233-0965
ronald.victor@bureauveritas.com
2. Required Services
A. General Description:
The Consultant shall provide professional building plan check and building inspection services
for the Gaylord Pacific Resort and Convention Center (“Project”) as requested by the City per Section 2.B of
Exhibit A, “Detailed Description”.
For building inspection services, Consultant shall provide City with qualified individuals to
perform required building inspections for the Project. Selection of these individuals will be further subject to
prior approval by City. Plan review services will be provided by Consultant at Consultant’s place of business.
City reserves the right to also have Consultant provide City with qualified plan review individuals to be located
at the Project site.
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B. Detailed Description:
Plan Check Services
1. The Consultant shall perform plan review of submitted plans to determine compliance with City
and State codes and regulations: California Building Code; California Plumbing Code; California
Mechanical Code; California Electrical Code; California Fire Code; California Energy Code;
California Green Building Standards Code; California Disabled Access Regulations; State Water
Resource Control Board regulations related to storm water pollution prevention; Sound
Transmission Control; and, locally adopted building ordinances and amendments thereof.
2. The Consultant shall provide the City, a typed list of items needing clarification or change to
achieve conformance with the above regulations.
3. The Consultant shall perform all necessary liaison with the Project’s designee and all necessary
rechecks to achieve conformance to the regulations.
4. The Consultant shall provide recommendations and act as liaison to the Building Official, or his
designee, to ensure compliance with Chula Vista Municipal Code Section 15.06.045, “Alternate
Materials, Methods of Design and Methods of Construction”, and Section 15.06.060(J),
Modifications.”, and to insure compliance with local policy interpretations.
5. The Consultant shall attend meetings related to the Project at the request of the Building Official
at locations other than Consultant's office.
6. The Consultant shall perform plan reviews of revisions to plans that have previously been
approved for permit issuance or perform plan reviews of changes to plans prior to such approval.
7. When requested by City, Consultant shall provide City with qualified plan review individuals to
be located at the Project site. Selection of these individuals will be further subject to approval by
City.
Building Inspection Services
8. As requested by City, Consultant shall provide City with qualified building inspection individuals
to perform required building inspections for the Project. Selection of these individuals will be
further subject to approval by City.
9. Consultant staff assigned to the Project shall provide same-workday or next-workday inspections
of all requested inspections and re-inspections for compliance with City and State codes and
regulations: California Building Code; California Plumbing Code; California Mechanical Code;
California Electrical Code; California Fire Code; California Energy Code; California Green
Building Standards Code; California Disabled Access Regulations; State Water Resource Control
Board regulations related to storm water pollution prevention; Sound Transmission Control; and,
locally adopted building ordinances and amendments thereof.
10. Consultant staff assigned to the Project shall verify that all work requiring special inspections is
performed by qualified third-party special inspectors and that the work complies with the City’s
requirements for special inspections, construction materials testing and off-site fabrication of
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building components.
11. Consultant staff assigned to the Project shall maintain all Project related building inspection
records.
12. Consultant staff assigned to the Project shall coordinate with the Building Official on all
discretionary decisions or requests for alternate materials or types of construction.
13. Consultant staff assigned to the Project shall coordinate with the Building Official on all Certificate
of Occupancy to be sure that all applicable City regulatory agencies have approved the project.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Following City’s request for plan review, the Consultant shall complete the review
within the following turnaround times:
Type of Review Turnaround Time
New Application Review 20 Working Days
Rechecks of New Application Review 10 Working days
Plan Change/Deferred Submittal (Minor) 5 Working days
Plan Change/Deferred Submittal (Major) 10 Working days
Recheck to Plan Change or Deferred
Submittal
5 Working days
Deliverable No. 2: No later than one (1) workday after completion of each plan check, Consultant shall
submit to City in writing a plan check correspondence which shall contain the following information:
1. The day of the week and date the plans were received by Consultant from City;
2. The day of the week and date the plan check was completed by Consultant;
3. The day of the week and date the Project’s designee was notified by Consultant the plan check was
completed;
4. The list of items needing correction or change to achieve conformance with the regulations under
Section 2.B.2.
Deliverable No. 3: Consultant staff assigned to Project shall provide same-workday or next-workday
inspection of requested inspections that are assigned to Consultant and enter results in the City’s permit
tracking system the same day of the inspection, and complete all appropriate paperwork associated with
the assigned inspections.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin June 1,
2022 and end on May 31, 2025 for completion of all Required Services.
4. Compensation:
A. Form of Compensation
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Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
a. Rate Schedule
Classification Hourly Rate
hr)
Supervising Plan Check Engineer 144
Structural Engineer 138
Plan Check Engineer 126
Certified Plans Examiner 102
Fire Plans Examiner 108
CASp Specialist Plan Reviewer 126
CASp Inspector 155
Lead Inspector of Record (IOR) 150 – 175*
Sr. Building Inspector/IOR 125 – 150*
Union/Prevailing wage rates noted by *
Overtime to be invoiced at 1.25 x rate
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
May 31, 2025 shall not exceed $2,000,000. Should the amount paid to the Consultant for services performed
through May 31, 2025 be less than the not-to-exceed amount in this Agreement, the balance between the amount
paid and the not-to-exceed amount may, at City’s sole discretion, be carried forward to subsequent option years
if so exercised by City. If the City exercises any additional options to extend the Agreement, the total amount to
be paid to the Consultant for services provided during this Agreement and all additional optional extension periods
shall not exceed $3,000,000
B. Reimbursement of Costs
None, the compensation above includes all costs
5. Special Provisions:
Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for one (1) additional terms, defined as a one-year increment. The City Manager or Director of Finance/Treasurer
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein. The City shall give written notice to
Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend
document.
Labor Code § 2750.3 Compliance. Consultant warrants and agrees that it, and not the City, is the employer of
individuals assigned to perform services under this Agreement within the meaning of Labor Code section 2750.3,
specifically Labor Code section 2750.3(e) [Business to Business Contracting Relationship], and that it shall
comply with the requirements of Labor Code section 2750.3.
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In addition to Consultant’s indemnity obligations pursuant to Section 4 of the Agreement, to the maximum extent
allowed by law, Consultant shall further protect, defend, indemnify, and hold harmless the Indemnified Parties
from and against any and all claims, demands, causes of action, costs, employee employment benefits (such as
wages, leave, worker compensation, unemployment benefits, or pension benefits), expenses, (including reasonable
attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful
misconduct of Consultant, its officials, officers, employees, agents, or contractors, arising out of or in connection
with compliance with or failure to comply with Labor Code § 2750.3 in providing the Required Services.
15 City of Chula Vista Agreement No.: 2022-0241
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EXHIBIT B INSURANCE
REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injury Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Must be primary and must not
exclude Products/Completed
Operations
Waiver of Recovery Endorsement
Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
injury, including death, and
property damage
Workers’ $1,000,000 each accident
1,000,000 disease policy limit
1,000,000 disease each employee
Waiver of Recovery Endorsement
Compensation
Employer’s Liability
Professional Liability $1,000,000
Errors & Omissions) $2,000,000 aggregate
Other Negotiated Insurance Terms: “NONE”
16 City of Chula Vista Agreement No.: 2022-0241
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17 City of Chula Vista Agreement No.: 2022-0241
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC. Rev. 9/15/20
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.4
A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED5 from disclosure.
B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) A. Full Disclosure
B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
1. 2. 3. 4. 5. 6. 7.
Justification:
C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-ASK-FPPC, or
866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Lou El-Khazen
2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
3 Chula Vista Municipal Code §§2.02.010-2.02.040.
4 Cal. Gov. Code §§53234, et seq.
5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
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CITY OF CHULA VISTA FIRST
AMENDMENT TO CONSULTANT
SERVICES AGREEMENT
WITH BUREAU VERITAS NORTH AMERICA, INC.
TO PROVIDE BUILDING PLAN CHECK, BUILDING AND FIRE INSPECTION SEVICES
FOR THE GAYLORD PACIFIC RESORT AND CONVENTION CENTER
This First Amendment to the Agreement is entered into effective as of November 5, 2024 (“Effective Date”) by
and between the City of Chula Vista, a chartered municipal corporation (“City”) and BUREAU VERITAS
NORTH AMERICA, INC., a California Corporation (“Consultant”) (collectively, the “Parties” and, individually,
a “Party”) with reference to the following facts:
RECITALS
WHEREAS, the City currently has three agreements with consultants to provide permit processing,
building plan check, and building inspection services for projects citywide which will expire on January 31, 2026;
and
WHEREAS, one of the three consultants, Bureau Veritas North America, Inc., performed building plan
review for the Gaylord Pacific Hotel and Convention Center (“Project”); and
WHEREAS, the City entered into a Consultant Services Agreement with Bureau Veritas North America,
Inc. on June 1, 2022 for a term to May 31, 2025 and a not to exceed amount of $2,000,000 (Agreement No. 2022-
0241); and
WHEREAS, to maintain consistency and to facilitate plan reviews during construction, the City desires to
continue to use the services of Consultant during construction to plan review deferred submittals, plan changes,
and other plan review submittals related to the Project; and
WHEREAS, City’s current building and fire inspection divisions are not staffed to take on the additional
inspection demands of the Project and because of the temporary nature of the additional demand, the City desires
to employ the services of a consultant to provide building and fire inspections for the Project; and
WHEREAS, in addition to plan review, and due to Consultant’s in-depth knowledge of the Project and the
ability to provide qualified contract inspectors, the City desires to employ the services of Consultant to provide
building and fire inspections for the Project; and
WHEREAS, the City desires to enter into this First Amendment to the Agreement with an amount not to
exceed $3,000,000. If the City exercises the additional option to extend the Agreement, the total amount to be
paid to the Consultant for services provided during this Agreement shall not exceed $4,000,000; and
WHEREAS, all costs of building plan check, building inspections and fire inspection services performed
by the Consultant, will be borne by the developer in the form of a deposit account that the Consultant will charge
time to; and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it
can deliver the services required of Consultant to City in accordance with the time frames and the terms and
conditions of this Agreement.
End of Recitals. Next Page Starts Obligatory Provisions.]
1 City of Chula Vista Agreement No.: 2024-0281
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2 City of Chula Vista Agreement No.: 2024-0281
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC.
OBLIGATORY PROVISIONS
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other
good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and
Consultant hereby agree as follows:
1. SERVICES
1.1 Required Services. Consultant agrees to perform the services, and deliver to City the “Deliverables” (if
any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time
frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables
described in Exhibit A shall be referred to herein as the “Required Services.”
1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time
to time, reduce the Required Services to be performed by the Consultant under this Agreement. Upon doing
so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding
reduction in the compensation associated with the reduction.
1.3 Additional Services. Subject to compliance with the City’s Charter, codes, policies, procedures and
ordinances governing procurement and purchasing authority, City may request Consultant provide additional
services related to the Required Services (“Additional Services”). If so, City and Consultant agree to meet
and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional
Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid
consistent with the rates and terms already provided therein. Once added to Exhibit A, “Additional Services”
shall also become “Required Services” for purposes of this Agreement.
1.4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services
hereunder shall be performed in accordance with the standard of care exercised by members of the profession
currently practicing under similar conditions and in similar locations.
1.5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual
approval only and does not relieve the Consultant of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry
standards, or the willful misconduct of the Consultant or its subcontractors.
1.6 Security for Performance. Intentionally omitted.
1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with
any and all applicable federal, state and local laws, including the Chula Vista Municipal Code.
1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from
City.
1.9 Subcontractors. Prior to commencement of any work, Consultant shall submit for City’s information
and approval a list of any and all subcontractors to be used by Consultant in the performance of the Required
Services. Consultant agrees to take appropriate measures necessary to ensure that all subcontractors and
personnel utilized by the Consultant to complete its obligations under this Agreement comply with all
applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any
subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant
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shall ensure that each and every subcontractor carries out the Consultant’s responsibilities as set forth in this
Agreement.
1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant’s
commencement of the Required Services hereunder, and shall terminate when the Parties have complied with
all their obligations hereunder; provided, however, provisions which expressly survive termination shall
remain in effect.
2. COMPENSATION
2.1 General. For satisfactory performance of the Required Services, City agrees to compensate Consultant
in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment
are set forth in this Section 2.
2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed
each month, within thirty (30) days of the end of the month in which the services were performed, unless
otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date
of the Agreement. All charges must be presented in a line item format with each task separately explained in
reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced
to date, and the remaining amount available under any approved budget. Consultant must obtain prior written
authorization from City for any fees or expenses that exceed the estimated budget.
2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the
Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for
the invoice amount within thirty (30) days. Payment shall be made in accordance with the terms and conditions
set forth in Exhibit A and section 2.4, below. At City’s discretion, invoices not timely submitted may be
subject to a penalty of up to five percent (5%) of the amount invoiced.
2.4 Retention Policy. City shall retain ten percent (10%) of the amount due for Required Services detailed
on each invoice (the “holdback amount”). Upon City review and determination of Project Completion, the
holdback amount will be issued to Consultant.
2.5 Reimbursement of Costs. City may reimburse Consultant’s out-of-pocket costs incurred by Consultant
in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless
specifically provided in Exhibit A, Consultant shall be responsible for any and all out-of-pocket costs incurred
by Consultant in the performance of the Required Services.
2.6 Exclusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of
any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be
responsible for any cost: (a) incurred prior to the Effective Date; or (b) arising out of or related to the errors,
omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors.
2.7 Payment Not Final Approval. Consultant understands and agrees that payment to the Consultant or
reimbursement for any Consultant costs related to the performance of Required Services does not constitute
a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for
payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of
this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation
already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.
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3. INSURANCE
3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of
Required Services under this Agreement, and for twelve months after completion of Required Services, the
policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference
the “Required Insurance”). The Required Insurance shall also comply with all other terms of this Section.
3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the
Required Insurance must be disclosed to and approved by City in advance of the commencement of work.
3.3 Standards for Insurers. Required Insurance must be placed with licensed insurers admitted to transact
business in the State of California with a current A.M. Best’s rating of A V or better, or, if insurance is placed
with a surplus lines insurer, insurer must be listed on the State of California List of Eligible Surplus Lines
Insurers (LESLI) with a current A.M. Best’s rating of no less than A X. For Workers’ Compensation
Insurance, insurance issued by the State Compensation Fund is also acceptable.
3.4 Subcontractors. Consultant must include all sub-consultants/sub-contractors as insureds under its
policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not
under its policies. Any separate coverage for sub-consultants must also comply with the terms of this
Agreement.
3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as
additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified
as required in Exhibit B or as may otherwise be specified by City’s Risk Manager.. The general liability
additional insured coverage must be provided in the form of an endorsement to the Consultant’s insurance
using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed
Operations coverage.
3.6 General Liability Coverage to be “Primary.” Consultant’s general liability coverage must be primary
insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from
the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide
insurance.
3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required
insured period under this Agreement, except after thirty days’ prior written notice to the City by certified mail,
return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put
into effect equivalent coverage(s).
3.8 Waiver of Subrogation. Consultant’s insurer(s) will provide a Waiver of Subrogation in favor of the
City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it
may have or may obtain to subrogation for a claim against City.
3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with
original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that
Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words
will endeavor” and “but failure to mail such notice shall impose no obligation or liability of any kind upon
the company, its agents, or representatives” or any similar language must be deleted from all certificates. The
required certificates and endorsements should otherwise be on industry standard forms. The City reserves the
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right to require, at any time, complete, certified copies of all required insurance policies, including
endorsements evidencing the coverage required by these specifications.
3.10 Claims Made Policy Requirements. If General Liability, Pollution and/or Asbestos Pollution Liability
and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following
requirements also apply:
a. The “Retro Date” must be shown, and must be before the date of this Agreement or the beginning
of the work required by this Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5)
years after completion of the work required by this Agreement.
c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form
with a “Retro Date” prior to the effective date of this Agreement, the Consultant must purchase “extended
reporting” coverage for a minimum of five (5) years after completion of the work required by this Agreement.
d. A copy of the claims reporting requirements must be submitted to the City for review.
3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed
to limit the Consultant’s obligations under this Agreement, including Indemnity.
3.12 Additional Coverage. To the extent that insurance coverage provided by Consultant maintains higher
limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher
limits maintained.
4. INDEMNIFICATION
4.1. General. To the maximum extent allowed by law, Consultant shall protect, defend, indemnify and hold
harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, “Indemnified
Parties”), from and against any and all claims, demands, causes of action, costs, expenses, (including
reasonable attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or
persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions,
negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors,
arising out of or in connection with the performance of the Required Services, the results of such performance,
or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and
expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is
liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent
acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent
acts or omissions of the Consultant, its employees, agents or officers, or any third party.
4.2. Modified Indemnity Where Agreement Involves Design Professional Services. Notwithstanding the
forgoing, if the services provided under this Agreement are design professional services, as defined by
California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity
obligation under Section 1, above, shall be limited to the extent required by California Civil Code section
2782.8.
4.3 Costs of Defense and Award. Included in Consultant’s obligations under this Section 4 is Consultant’s
obligation to defend, at Consultant’s own cost, expense and risk, any and all suits, actions or other legal
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proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the
limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs
incurred by any of them.
4.4. Consultant’s Obligations Not Limited or Modified. Consultant’s obligations under this Section 4 shall
not be limited to insurance proceeds, if any, received by the Indemnified Parties, or by any prior or subsequent
declaration by the Consultant. Furthermore, Consultant’s obligations under this Section 4 shall in no way
limit, modify or excuse any of Consultant’s other obligations or duties under this Agreement.
4.5. Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant’s
obligations under this Section 4.
4.6 Survival. Consultant’s obligations under this Section 4 shall survive the termination of this Agreement.
5. FINANCIAL INTERESTS OF CONSULTANT.
5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code
require certain government officials and consultants performing work for government agencies to publicly
disclose certain of their personal assets and income using a Statement of Economic Interests form (Form 700).
In order to assure compliance with these requirements, Consultant shall comply with the disclosure
requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference.
5.2 Disclosures; Prohibited Interests. Independent of whether Consultant is required to file a Form 700,
Consultant warrants and represents that it has disclosed to City any economic interests held by Consultant, or
its employees or subcontractors who will be performing the Required Services, in any real property or project
which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained
any company or person, other than a bona fide employee or approved subcontractor working solely for
Consultant, to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid
or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. Consultant further warrants and represents that
no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, the proceeds hereof, or in the business of Consultant or Consultant’s subcontractors.
Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest
is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the
right to rescind this Agreement without liability.
6. REMEDIES
6.1 Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required
Services under this Agreement, in a proper or timely manner, or if Consultant shall violate any of the other
covenants, agreements or conditions of this Agreement (each a “Default”), in addition to any and all other
rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to
terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the
Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior
to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City
may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such
cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and
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all ”Work Product” (defined in Section 7 below) prepared by Consultant as part of the Required Services.
Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Consultant
may be entitled to compensation for work satisfactorily performed prior to Consultant’s receipt of the Default
notice; provided, however, in no event shall such compensation exceed the amount that would have been
payable under this Agreement for such work, and any such compensation shall be reduced by any costs
incurred or projected to be incurred by City as a result of the Default.
6.2 Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement,
or any portion of the Required Services, at any time and for any reason, with or without cause, by giving
specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the
effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the
Agreement and promptly deliver all “Work Product” (defined in Section 7 below) to City. Such Work Product
shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to
receive just and equitable compensation for this Work Product in an amount equal to the amount due and
payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension
notice plus any additional remaining Required Services requested or approved by City in advance that would
maximize City’s value under the Agreement.
6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this
Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of
such termination except as expressly provided in this Section 6.
6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising
out of this Agreement against City unless a claim has first been presented in writing and filed with City and
acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may be amended, the provisions of which, including such policies and procedures used by City
in the implementation of same, are incorporated herein by this reference. Upon request by City, Consultant
shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this
Agreement.
6.5 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of California. Any action arising under or relating to this Agreement shall be brought only
in San Diego County, State of California.
6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If
Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the
California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class
mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this
Agreement, and that such service shall be effective five days after mailing.
7. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced in whole or in part under this Agreement in connection with the performance
of the Required Services (collectively “Work Product”) shall be the sole and exclusive property of City. No
such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express, prior written consent of City. City shall have unrestricted
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authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such
Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of
the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files
containing data generated as Work Product, Consultant shall make available to City, upon reasonable written
request by City, the necessary functional computer software and hardware for purposes of accessing,
compiling, transferring and printing computer files.
8. GENERAL PROVISIONS
8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties.
8.2 Assignment. City would not have entered into this Agreement but for Consultant’s unique
qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement,
nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole
discretion.
8.3 Authority. The person(s) executing this Agreement for Consultant warrants and represents that they
have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder
without any further action or direction from Consultant or any board, principle or officer thereof.
8.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an
original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements
expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject
matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein
by reference. All prior or contemporaneous agreements, understandings, representations, warranties and
statements, oral or written, are superseded.
8.6 Record Retention. During the course of the Agreement and for three (3) years following completion
of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents,
reports, records, contracts, and supporting materials relating to the performance of the Agreement, including
accounting for costs and expenses charged to City, including such records in the possession of sub-
contractors/sub-consultants.
8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such
additional documents and instruments as may be reasonably required in order to carry out the provisions of
this Agreement and the intentions of the Parties.
8.8 Independent Contractor. Consultant is and shall at all times remain as to City a wholly independent
contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of Consultant or any of Consultant’s officers, employees, or agents (“Consultant Related
Individuals”), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed
employees of City, and none of them shall be entitled to any benefits to which City employees are entitled,
including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or
other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or
any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely
responsible for the paym ent of same and shall hold the City harmless with respect to same. Consultant shall
not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees
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or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability
whatsoever against City, or bind City in any manner.
8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to
have been properly given or served if personally served or deposited in the United States mail, addressed to
such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified
in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or
otherwise provided in writing.
8.10 Electronic Signatures. Each Party agrees that the electronic signatures, whether digital or encrypted, of
the Parties included in this Agreement are intended to authenticate this writing and to have the same force and
effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached
to or logically associated with a record and executed and adopted by a Party with the intent to sign such record,
including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions
Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
End of page. Next page is signature page.)
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IGNATURE PAGE
CONSULTANT SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Consultant agree
that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent
to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
BUREAU VERITAS NORTH AMERICA,
INC.
CITY OF CHULA VISTA
BY: BY:
Craig Baptista John McCann
Vice President – Facilities Division, West
Region
Mayor
ATTEST1
BY:
Kerry K. Bigelow, MMC
City Clerk
APPROVED AS TO FORM
BY:
Marco Verdugo
City Attorney
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EXHIBIT A
SCOPE OF WORK AND PAYMENT TERMS
1. Contact People for Contract Administration and Legal Notice
A. City Contract Administration:
Jay Alvarado
276 Fourth Avenue
Chula Vista, CA 91910
619-409-5805
jayalvarado@chulavistaca.gov
For Legal Notice Copy t o:
City of Chula Vista
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
619-691-5037
CityAttorney@chulavistaca.gov
B. Consultant Contract Administration:
BUREAU VERITAS NORTH AMERICA, INC.
Craig Baptista, Vice President – Facilities Division, West Region
180 Promenade Circle, Suite 150
Sacramento, California 95834
916-514-4516
craig.baptista@bureauveritas.com
For Legal Notice Copy to:
Ronald W. Victor, Associate General Counsel
1601 Sawgrass Corporate Parkway, Suite 400
Ft. Lauderdale, FL 33323
954-233-0965
ronald.victor@bureauveritas.com
2. Required Services
A. General Description:
The Consultant shall provide professional building plan check; building inspection and fire
inspection services for the Gaylord Pacific Resort and Convention Center (“Project”) as requested by the
City per Section 2.B of Exhibit A, “Detailed Description”.
For building and fire inspection services, Consultant shall provide City with qualified individuals
to perform required building and fire inspections for the Project. Selection of these individuals will be further
subject to prior approval by City. Plan review services will be provided by Consultant at Consultant’s place of
business. City reserves the right to also have Consultant provide City with qualified plan review individuals to
be located at the Project site.
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B. Detailed Description:
Plan Check Services
1. The Consultant shall perform plan review of submitted plans to determine compliance with City
and State codes and regulations, including but not limited to; California Building Code; California
Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code and
the National Fire Protection Association Standards; California Energy Code; California Green
Building Standards Code; California Disabled Access Regulations; State Water Resource Control
Board regulations related to storm water pollution prevention; Sound Transmission Control; and,
locally adopted building ordinances and amendments thereof.
2. The Consultant shall provide the City, a typed list of items needing clarification or change to
achieve conformance with the above regulations.
3. The Consultant shall perform all necessary liaison with the Project’s designee and all necessary
rechecks to achieve conformance to the regulations.
4. The Consultant shall provide recommendations and act as liaison to the Building Official, or his
designee, to ensure compliance with Chula Vista Municipal Code Section 15.06.045, “Alternate
Materials, Methods of Design and Methods of Construction”, and Section 15.06.060(J),
Modifications.”, and to insure compliance with local policy interpretations.
5. The Consultant shall attend meetings related to the Project at the request of the Building Official
at locations other than Consultant's office.
6. The Consultant shall perform plan reviews of revisions to plans that have previously been
approved for permit issuance or perform plan reviews of changes to plans prior to such approval.
7. When requested by City, Consultant shall provide City with qualified plan review individuals to
be located at the Project site. Selection of these individuals will be further subject to approval by
City.
Building and Fire Inspection Services
8. As requested by City, Consultant shall provide City with qualified building and fire inspection
individuals to perform required building and fire inspections for the Project. Selection of these
individuals will be further subject to approval by City.
9. Consultant staff assigned to the Project shall provide same-workday or next-workday inspections
of all requested inspections and re-inspections for compliance with City and State codes and
regulations including but not limited to; California Building Code; California Plumbing Code;
California Mechanical Code; California Electrical Code; California Fire Code and the National Fire
Protection Association Standards; California Energy Code; California Green Building Standards
Code; California Disabled Access Regulations; State Water Resource Control Board regulations
related to storm water pollution prevention; Sound Transmission Control; and, locally adopted
building ordinances and amendments thereof.
10. Consultant staff assigned to the Project shall verify that all work requiring special inspections is
performed by qualified third-party special inspectors and that the work complies with the City’s
requirements for special inspections, construction materials testing and off-site fabrication of
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building components.
11. Consultant staff assigned to the Project shall maintain all Project related building and fire
inspection records.
12. Consultant staff assigned to the Project shall coordinate with the Building Official on all
discretionary decisions or requests for alternate materials or types of construction.
13. Consultant staff assigned to the Project shall coordinate with the Building Official on all Certificate
of Occupancy to be sure that all applicable City regulatory agencies have approved the project.
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Following City’s request for plan review, the Consultant shall complete the review
within the following turnaround times:
Type of Review Turnaround Time
New Application Review 20 Working Days
Rechecks of New Application Review 10 Working days
Plan Change/Deferred Submittal (Minor) 5 Working days
Plan Change/Deferred Submittal (Major) 10 Working days
Recheck to Plan Change or Deferred
Submittal
5 Working days
Deliverable No. 2: No later than one (1) workday after completion of each plan check, Consultant shall
submit to City in writing a plan check correspondence which shall contain the following information:
1. The day of the week and date the plans were received by Consultant from City;
2. The day of the week and date the plan check was completed by Consultant;
3. The day of the week and date the Project’s designee was notified by Consultant the plan check was
completed;
4. The list of items needing correction or change to achieve conformance with the regulations under
Section 2.B.2.
Deliverable No. 3: Consultant staff assigned to Project shall provide same-workday or next-workday
inspection of requested inspections that are assigned to Consultant and enter results in the City’s permit
tracking system the same day of the inspection, and complete all appropriate paperwork associated with
the assigned inspections.
3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin
November 5, 2024 and end on May 31, 2025 for completion of all Required Services, unless the City exercises
the one year option to extend.
4. Compensation:
A. Form of Compensation
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Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B.,
above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the
Required Services, at the rates or amounts as indicated below:
a. Rate Schedule
Classification Hourly Rate
hr)
Supervising Plan Check Engineer 144
Structural Engineer 138
Plan Check Engineer 126
Certified Plans Examiner 102
Fire Plans Examiner 108
CASp Specialist Plan Reviewer 126
CASp Inspector 155
Fire Inspector 150 – 175*
Lead Inspector of Record (IOR) 150 – 175*
Sr. Building Inspector/IOR 125 – 150*
Union/Prevailing wage rates noted by *
Fire Inspector - Min. 8 hour per inspection day
Overtime to be invoiced at 1.25 x rate
Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through
May 31, 2025 shall not exceed $3,000,000. Should the amount paid to the Consultant for services performed
through May 31, 2025 be less than the not-to-exceed amount in this Agreement, the balance between the amount
paid and the not-to-exceed amount may, at City’s sole discretion, be carried forward to subsequent option years
if so exercised by City. If the City exercises any additional options to extend the Agreement, the total amount to
be paid to the Consultant for services provided during this Agreement and all additional optional extension periods
shall not exceed $4,000,000
B. Reimbursement of Costs
None, the compensation above includes all costs
5. Special Provisions:
Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement
for one (1) additional terms, defined as a one-year increment. The City Manager or Director of Finance/Treasurer
shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend, each
extension shall be on the same terms and conditions contained herein. The City shall give written notice to
Consultant of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend
document.
Labor Code § 2750.3 Compliance. Consultant warrants and agrees that it, and not the City, is the employer of
individuals assigned to perform services under this Agreement within the meaning of Labor Code section 2750.3,
specifically Labor Code section 2750.3(e) [Business to Business Contracting Relationship], and that it shall
comply with the requirements of Labor Code section 2750.3.
14 City of Chula Vista Agreement No.: 2024-0281
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC.
Docusign Envelope ID: 5FE7748E-3C27-4FDD-BDE0-244EE12E052F
Page 162 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
In addition to Consultant’s indemnity obligations pursuant to Section 4 of the Agreement, to the maximum extent
allowed by law, Consultant shall further protect, defend, indemnify, and hold harmless the Indemnified Parties
from and against any and all claims, demands, causes of action, costs, employee employment benefits (such as
wages, leave, worker compensation, unemployment benefits, or pension benefits), expenses, (including reasonable
attorneys’ fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including
wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful
misconduct of Consultant, its officials, officers, employees, agents, or contractors, arising out of or in connection
with compliance with or failure to comply with Labor Code § 2750.3 in providing the Required Services.
15 City of Chula Vista Agreement No.: 2024-0281
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC.
Docusign Envelope ID: 5FE7748E-3C27-4FDD-BDE0-244EE12E052F
Page 163 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
EXHIBIT B INSURANCE
REQUIREMENTS
Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the
following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x).
Type of Insurance Minimum Amount Form
General Liability: $2,000,000 per occurrence for Insurance Services Office Form
Including products and bodily injury, personal injury CG 00 01
completed operations, (including death), and property
personal and damage. If Commercial General
advertising injury Liability insurance with a general
aggregate limit is used, either the
general aggregate limit must apply
separately to this Agreement or the
general aggregate limit must be
twice the required occurrence limit
Additional Insured Endorsement
or Blanket AI Endorsement for
City*
Must be primary and must not
exclude Products/Completed
Operations
Waiver of Recovery Endorsement
Automobile Li ability $1,000,000 per accident for bodily Insurance Services Office Form
CA 00 01
Code 1-Any Auto
Code 8-Hired
Code 9-Non Owned
injury, including death, and
property damage
Workers’ $1,000,000 each accident
1,000,000 disease policy limit
1,000,000 disease each employee
Waiver of Recovery Endorsement
Compensation
Employer’s Liability
Professional Liability $1,000,000
Errors & Omissions) $2,000,000 aggregate
Other Negotiated Insurance Terms: “NONE”
16 City of Chula Vista Agreement No.: 2024-0281
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC.
Docusign Envelope ID: 5FE7748E-3C27-4FDD-BDE0-244EE12E052F
Page 164 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
17 City of Chula Vista Agreement No.: 2024-0281
Consultant Name: BUREAU VERITAS NORTH AMERICA, INC.
EXHIBIT C
CONSULTANT CONFLICT OF INTEREST DESIGNATION
The Political Reform Act2 and the Chula Vista Conflict of Interest Code3 (“Code”) require designated state and
local government officials, including some consultants, to make certain public disclosures using a Statement of
Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of
the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics
training requirements.4
A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED5 from disclosure.
B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES
Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
Enter Name of Each Individual
Who Will Be Providing Service
Under the Contract – If
individuals have different
disclosure requirements,
duplicate this row and
complete separately for each
individual
Enter email address(es) A. Full Disclosure
B. Limited Disclosure (select one or more of
the categories under which the consultant shall file):
1. 2. 3. 4. 5. 6. 7.
Justification:
C. Excluded from Disclosure
1.Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition
of “Consultant,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
2.Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online
filing system, NetFile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required
annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement.
3. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the
Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the
Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately
responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing
requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1 -866-ASK-FPPC, or
866) 275-3772 *2.
Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code, this document shall serve as the written
determination of the consultant’s requirement to comply with the disclosure requirements set forth in the Code.
Completed by: Shayne Wagner
2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
3 Chula Vista Municipal Code §§2.02.010-2.02.040.
4 Cal. Gov. Code §§53234, et seq.
5 CA FPPC Adv. A-15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg.
18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include
corporation or limited liability company).
Docusign Envelope ID: 5FE7748E-3C27-4FDD-BDE0-244EE12E052F
Page 165 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
From: alan mil
Sent: Thursday, October 17, 2024 12:42 PM
Subject: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR
PURIFIERS DO NOT WORK
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 TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM
NON AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public
Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON
AGENDA PUBLIC COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into
Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA
PUBLIC COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF
NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay
Mesa Crossing agreement. Just a nother useless study no teeth to force Mexico to stop
their untreated sewage dumping on our beaches. "Upon a motion by Councilmember
Fisher, and a second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not
Page 166 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
limited to transborder sewage issues in the border region and to adopt Resolution No. 2024
- 32, approving the Binational Agreements for State Route 11/Otay Mesa East Port of Entry.
The motion passed unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go-door-to-
door-in-the-south-bay-this-is-why/
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON
COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA
COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW
SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulfide, a toxic
gas. According to emails between researchers from UC San Diego and San Diego State
University, the decision came late Friday morning from Kim Prather, director of the Center for
Aerosol Impacts on Chemistry of the Environment at UC San Diego and principal investigator on
a 2023 study about sewage in waters off Imperial Beach becoming airborne. “As you know, I
feel strongly about solving this problem, but cannot in good conscience continue to put my own
people at this level of risk,” she wrote to members of a task force studying the impacts of the
sewage crisis. Moments later, Prather advised her team to stay in hotels outside South County.
Prather said her team, which collects data around the clock, found levels of hydrogen sulfide
— one of the main chemical components of sewer gas — to be persistently and
dramatically above the state standard throughout the night and into the early morning
hours Friday. The rotten egg odors characteristically associated with the gas were especially
unbearable Thursday, according to her team and numerous reports from the public, who said
odors infiltrated their air conditioners and their carbon monoxide alarms went off late at
night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
Page 167 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the
waste they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to-
address-tijuana-sewage-crisis
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
Page 168 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
Page 169 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have
been affected by the constant odors coming from the area."
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-
air-purifies-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifier lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max
100), the county is aware that not everybody who enters will win one of the machines,
which will come with two filters, which are in the $50 range and have an approximate life
expectancy of six months of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifier-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there
are no widely used performance rating systems for portable air cleaners or filters
designed to remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor
removal, masks should be equipped with a filter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
Page 170 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not
be used. Cartridges with activated charcoal also have a limited service life; they must be
changed periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n
-series%20cartridge_filter%20chart.pdf
Page 171 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-
sandag-is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
Page 172 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
https://ballotpedia.org/Elections
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
Page 173 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/17/24
_Treatment-Mandated_Felonies_Initiative_(2024)
Page 174 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
Sent: Thursday, October 17, 2024 10:12 PM
Subject: Re: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS
DO NOT WORK
WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do
not open attachments unless you can confirm the sender.
PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to
reportphishing@chulavistaca.gov
Hi All,
I bet the solution is simple and something we can and should do. All this government fussing is
doing very little except wearing us out.
I have suggested at least 4 things: concrete lining to speed water fiow and sewage out to sea;
holding ponds or reservoirs like there once were; hand-held air pollution monitors to zero in on
the pollution source; and baking soda or lime to cut down on the harmful odors.
I have written to the Supervisors, referrals, others.
I'm sure many others have good ideas. So let's work together and just do it!
Regards,
Paul Henkin
-----Original Message-----
From: alan mil
Sent: Oct 17, 2024 12:42 PM
Subject: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS DO
NOT WORK
COPY TO
NEWS
MAYORS
Page 175 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
CITY COUNCILS
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON AGENDA
PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay Mesa
Crossing agreement. Just a nother useless study no teeth to force Mexico to stop their
untreated sewage dumping on our beaches. "Upon a motion by Councilmember Fisher, and a
second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not limited to
transborder sewage issues in the border region and to adopt Resolution No. 2024 - 32, approving
the Binational Agreements for State Route 11/Otay Mesa East Port of Entry. The motion passed
unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
Page 176 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulflde, a toxic gas.
According to emails between researchers from UC San Diego and San Diego State University, the
decision came late Friday morning from Kim Prather, director of the Center for Aerosol Impacts on
Chemistry of the Environment at UC San Diego and principal investigator on a 2023 study about
sewage in waters off Imperial Beach becoming airborne. “As you know, I feel strongly about solving
this problem, but cannot in good conscience continue to put my own people at this level of risk,”
she wrote to members of a task force studying the impacts of the sewage crisis. Moments later,
Prather advised her team to stay in hotels outside South County. Prather said her team, which
collects data around the clock, found levels of hydrogen sulflde — one of the main chemical
components of sewer gas — to be persistently and dramatically above the state standard
throughout the night and into the early morning hours Friday. The rotten egg odors
characteristically associated with the gas were especially unbearable Thursday, according to her
team and numerous reports from the public, who said odors inflltrated their air conditioners and
their carbon monoxide alarms went off late at night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the waste
they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to -
address-tijuana-sewage-crisis
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
Page 177 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
Page 178 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
Page 179 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have been
affected by the constant odors coming from the area."
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifler lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max 100),
the county is aware that not everybody who enters will win one of the machines, which will come
with two filters, which are in the $50 range and have an approximate life expectancy of six months
of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifler-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor removal,
masks should be equipped with a fllter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
Page 180 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n-
series%20cartridge_fllter%20chart.pdf
Page 181 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
Page 182 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
https://www.stopthesalestax.org/
https://ballotpedia.org/Elections
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
Page 183 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Henkin – Received 10/18/24
atment-Mandated_Felonies_Initiative_(2024)
Page 184 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
From: alan mil
Sent: Friday, October 18, 2024 10:12 AM
Subject: TO NEWS AND ELECTED OFFICIALS DECADES BORDER SEWAGE SOLUTION: STOP
COMMERCE WATCH MEXICO IMMEDIATE WILL STOP RAW SEWAGE
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
THIS EMAIL SENT AS REPLY ALL TO:
REMINDER TO NEWS WILL YOU COVER STORY HELP OUR COMMUNITIES?
REMINDER TO ALL ELECTED REPS IN SD COUNTY TO SOLVE DECADES ISSUE!
@SANDAG CLERK - Please place additional entire email with links and pictures into Public Record
Comment the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON
AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place additional entire email with links and pictures into
Public Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON
AGENDA PUBLIC COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place additional entire email with links and pictures into
Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Thank You Paul,
NO TO HOLDING POND THE SOLUTION IS TO STOP SEWAGE AT SOURCE - THE MEXICO
TREATMENT PLANTS
Imperial Beach Wildlife Refuge and the entire south bay does not need any holding pond or tax
waste concrete line channel that increases stench and infestation of mosquitos. SOLVE THE
PROBLEM AT THE SOURCE IN MEXICO!
NO TO ANY MORE DECADES OF USELESS STUDIES
OR YET MORE POLLUTION MONITORING CDC TAX WASTE
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
Page 185 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
SURF RIDER AND MANY ORGANIZATIONS PROVED SEWAGE PROBLEM ALREADY KNOWN
MEXICO MULTIPLE PLANTS DUMP SEWAGE OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
WILL NEWS AND POLITICIANS
HAVE THE GUTS TELL MEXICO
SHUT OFF THE TAPS DUMPING RAW SEWAGE?
SANDAG OWN DOCUMENT
BILLIONS OUR TAX FOR OTAY CROSSING
Page 186 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
IMPERIAL BEACH CLOSED DUE TO MEXICO DUMPING RAW SEWAGE
OTAY CROSSING NEGOTIATION INCLUDE SEWAGE IS A FEDERAL ISSUE
NADBANK TAX FUNDED LOANS AT OTAY https://nadb.org/about/board-of-directors
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
Page 187 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
COUNTY HANDS OUT TAX FUNDED AIR PURIFIERS ARE USELESS
"Chairwoman Vargas began distribution of TAX FUNDED "free" air purifiers to locals who have been
affected by the constant odors coming from the area."
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
EVEN WHEN YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/flles/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
OSHA - "Gas masks are also known as "air-purifying respirators" because they filter or clean
chemical gases out of the air as you breathe. This respirator includes a facepiece or mask, and a
cartridge or canister. Straps secure the facepiece to the head. The cartridge may also have a filter to
remove particles. Gas masks are effective only if used with the correct cartridge or filter (these
terms are often used interchangeably) for a particular biological or chemical substance. Selecting
the proper filter can be a complicated process. There are cartridges available that protect against
more than one hazard, but there is no "all-inone" cartridge that protects against all substances.
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
Page 188 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT."
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
INSTEAD OF HARD LINE TELL MEXICO STOP SEWAGE
DO YOU EXPECT SOUTH BAY TO WEAR GAS MASKS?
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE
"SAFE NEIGHBORHOODS AND SCHOOLS ACT"
CHANGED FELONY TO MISDEMEANOR NO JAIL
Page 189 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
$950 THEFT NO JAIL ENCOURAGE DRUG ABUSE
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE
KAMALA HARRIS CAUSED THE HOMELESS DRUG TENTS
CHARTS AND GRAPHS https://growsf.org/blog/prop -47/
https://thefederalist.com/2024/08/09/california-can-thank-kamala-harris-for-its-crime-
problem/
PROP 47 measure required misdemeanor sentencing instead of felony for the following crimes:[16][17]
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Init
iative_(2014)
https://ballotpedia.org
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Treatment-
Mandated_Felonies_Initiative_(2024)
https://www.nonewtaxessd.com/
Page 190 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
https://ballotpedia.org/Elections
Page 191 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
https://vote.gov/
On Thu, Oct 17, 2024 at 10:14 PM <henkinp@earthlink.net> wrote:
Hi All,
I bet the solution is simple and something we can and should do. All this government fussing is
doing very little except wearing us out.
I have suggested at least 4 things: concrete lining to speed water fiow and sewage out to sea;
holding ponds or reservoirs like there once were; hand-held air pollution monitors to zero in on
the pollution source; and baking soda or lime to cut down on the harmful odors.
I have written to the Supervisors, referrals, others.
I'm sure many others have good ideas. So let's work together and just do it!
Regards,
Paul Henkin
-----Original Message-----
From: alan mil
Sent: Oct 17, 2024 12:42 PM
Subject: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS DO
NOT WORK
Page 192 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
COPY TO
NEWS
MAYORS
CITY COUNCILS
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON AGENDA
PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay Mesa
Crossing agreement. Just a nother useless study no teeth to force Mexico to stop their
untreated sewage dumping on our beaches. "Upon a motion by Councilmember Fisher, and a
second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not limited to
transborder sewage issues in the border region and to adopt Resolution No. 2024 - 32, approving
the Binational Agreements for State Route 11/Otay Mesa East Port of Entry. The motion passed
unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
Page 193 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulflde, a toxic gas.
According to emails between researchers from UC San Diego and San Diego State University, the
decision came late Friday morning from Kim Prather, director of the Center for Aerosol Impacts on
Chemistry of the Environment at UC San Diego and principal investigator on a 2023 study about
sewage in waters off Imperial Beach becoming airborne. “As you know, I feel strongly about solving
this problem, but cannot in good conscience continue to put my own people at this level of risk,”
she wrote to members of a task force studying the impacts of the sewage crisis. Moments later,
Prather advised her team to stay in hotels outside South County. Prather said her team, which
collects data around the clock, found levels of hydrogen sulflde — one of the main chemical
components of sewer gas — to be persistently and dramatically above the state standard
throughout the night and into the early morning hours Friday. The rotten egg odors
characteristically associated with the gas were especially unbearable Thursday, according to her
team and numerous reports from the public, who said odors inflltrated their air conditioners and
their carbon monoxide alarms went off late at night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the waste
they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to -
address-tijuana-sewage-crisis
Page 194 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
Page 195 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
Page 196 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have been
affected by the constant odors coming from the area."
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifler lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max 100),
the county is aware that not everybody who enters will win one of the machines, which will come
with two filters, which are in the $50 range and have an approximate life expectancy of six months
of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifler-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor removal,
masks should be equipped with a fllter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
Page 197 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n-
series%20cartridge_fllter%20chart.pdf
Page 198 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Curry – Received 10/18/24
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Alan Curry
Page 199 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
From: john acosta
Sent: Friday, October 18, 2024 11:39 AM
Subject: Re: TO NEWS AND ELECTED OFFICIALS DECADES BORDER SEWAGE SOLUTION: STOP
COMMERCE WATCH MEXICO IMMEDIATE WILL STOP RAW SEWAGE
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
Is election time
So, all those politicians who are trying to be
re-elected
Are NOW showing interest
Once elections are over
All that interest will go dormant
Till next election season
Sent from my T-Mobile 5G Device
Get Outlook for Android
From: alan mil
Sent: Friday, October 18, 2024 10:11:36 AM
Subject: TO NEWS AND ELECTED OFFICIALS DECADES BORDER SEWAGE SOLUTION: STOP
COMMERCE WATCH MEXICO IMMEDIATE WILL STOP RAW SEWAGE
THIS EMAIL SENT AS REPLY ALL TO:
REMINDER TO NEWS WILL YOU COVER STORY HELP OUR COMMUNITIES?
REMINDER TO ALL ELECTED REPS IN SD COUNTY TO SOLVE DECADES ISSUE!
@SANDAG CLERK - Please place additional entire email with links and pictures into Public Record
Comment the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON
Some people who received this message don't often get email from . Learn why this is important
Page 200 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place additional entire email with links and pictures into
Public Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON
AGENDA PUBLIC COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place additional entire email with links and pictures into
Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Thank You Paul,
NO TO HOLDING POND THE SOLUTION IS TO STOP SEWAGE AT SOURCE - THE MEXICO
TREATMENT PLANTS
Imperial Beach Wildlife Refuge and the entire south bay does not need any holding pond or tax
waste concrete line channel that increases stench and infestation of mosquitos. SOLVE THE
PROBLEM AT THE SOURCE IN MEXICO!
NO TO ANY MORE DECADES OF USELESS STUDIES
OR YET MORE POLLUTION MONITORING CDC TAX WASTE
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
SURF RIDER AND MANY ORGANIZATIONS PROVED SEWAGE PROBLEM ALREADY KNOWN
MEXICO MULTIPLE PLANTS DUMP SEWAGE OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
WILL NEWS AND POLITICIANS
HAVE THE GUTS TELL MEXICO
SHUT OFF THE TAPS DUMPING RAW SEWAGE?
SANDAG OWN DOCUMENT
BILLIONS OUR TAX FOR OTAY CROSSING
Page 201 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
IMPERIAL BEACH CLOSED DUE TO MEXICO DUMPING RAW SEWAGE
OTAY CROSSING NEGOTIATION INCLUDE SEWAGE IS A FEDERAL ISSUE
Page 202 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
NADBANK TAX FUNDED LOANS AT OTAY https://nadb.org/about/board-of-directors
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
COUNTY HANDS OUT TAX FUNDED AIR PURIFIERS ARE USELESS
"Chairwoman Vargas began distribution of TAX FUNDED "free" air purifiers to locals who have been
affected by the constant odors coming from the area."
Page 203 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
EVEN WHEN YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/flles/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
OSHA - "Gas masks are also known as "air-purifying respirators" because they filter or clean
chemical gases out of the air as you breathe. This respirator includes a facepiece or mask, and a
cartridge or canister. Straps secure the facepiece to the head. The cartridge may also have a filter to
remove particles. Gas masks are effective only if used with the correct cartridge or filter (these
terms are often used interchangeably) for a particular biological or chemical substance. Selecting
the proper filter can be a complicated process. There are cartridges available that protect against
more than one hazard, but there is no "all-inone" cartridge that protects against all substances.
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT."
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
INSTEAD OF HARD LINE TELL MEXICO STOP SEWAGE
DO YOU EXPECT SOUTH BAY TO WEAR GAS MASKS?
Page 204 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
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
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE
KAMALA HARRIS CAUSED THE HOMELESS DRUG TENTS
CHARTS AND GRAPHS https://growsf.org/blog/prop -47/
https://thefederalist.com/2024/08/09/california-can-thank-kamala-harris-for-its-crime-
problem/
PROP 47 measure required misdemeanor sentencing instead of felony for the following crimes:[16][17]
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Init
iative_(2014)
https://ballotpedia.org
Page 205 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Treatment-
Mandated_Felonies_Initiative_(2024)
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
Page 206 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
https://ballotpedia.org/Elections
https://vote.gov/
On Thu, Oct 17, 2024 at 10:14 PM wrote:
Hi All,
I bet the solution is simple and something we can and should do. All this government fussing is
doing very little except wearing us out.
Page 207 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
I have suggested at least 4 things: concrete lining to speed water fiow and sewage out to sea;
holding ponds or reservoirs like there once were; hand-held air pollution monitors to zero in on
the pollution source; and baking soda or lime to cut down on the harmful odors.
I have written to the Supervisors, referrals, others.
I'm sure many others have good ideas. So let's work together and just do it!
Regards,
Paul Henkin
-----Original Message-----
From: alan mil
Sent: Oct 17, 2024 12:42 PM
Subject: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS DO
NOT WORK
COPY TO
NEWS
MAYORS
CITY COUNCILS
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON AGENDA
PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
Page 208 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay Mesa
Crossing agreement. Just a nother useless study no teeth to force Mexico to stop their
untreated sewage dumping on our beaches. "Upon a motion by Councilmember Fisher, and a
second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not limited to
transborder sewage issues in the border region and to adopt Resolution No. 2024 - 32, approving
the Binational Agreements for State Route 11/Otay Mesa East Port of Entry. The motion passed
unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulflde, a toxic gas.
According to emails between researchers from UC San Diego and San Diego State University, the
decision came late Friday morning from Kim Prather, director of the Center for Aerosol Impacts on
Chemistry of the Environment at UC San Diego and principal investigator on a 2023 study about
sewage in waters off Imperial Beach becoming airborne. “As you know, I feel strongly about solving
this problem, but cannot in good conscience continue to put my own people at this level of risk,”
she wrote to members of a task force studying the impacts of the sewage crisis. Moments later,
Prather advised her team to stay in hotels outside South County. Prather said her team, which
collects data around the clock, found levels of hydrogen sulflde — one of the main chemical
components of sewer gas — to be persistently and dramatically above the state standard
Page 209 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
throughout the night and into the early morning hours Friday. The rotten egg odors
characteristically associated with the gas were especially unbearable Thursday, according to her
team and numerous reports from the public, who said odors inflltrated their air conditioners and
their carbon monoxide alarms went off late at night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the waste
they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to -
address-tijuana-sewage-crisis
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
Page 210 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
Page 211 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have been
affected by the constant odors coming from the area."
Page 212 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifler lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max 100),
the county is aware that not everybody who enters will win one of the machines, which will come
with two filters, which are in the $50 range and have an approximate life expectancy of six months
of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifler-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor removal,
masks should be equipped with a fllter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Page 213 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Acosta – Received 10/18/24
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n-
series%20cartridge_fllter%20chart.pdf
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Alan Curry
Page 214 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
From: PETER BISHOP
Sent: Monday, October 21, 2024 6:25 PM
Subject: Re: TO NEWS AND ELECTED OFFICIALS DECADES BORDER SEWAGE SOLUTION: STOP
COMMERCE WATCH MEXICO IMMEDIATE WILL STOP RAW SEWAGE
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
It is unconscionable this this problem has reached this state. Complete lack of effort and
accountability. You were elected to solve problems, not collect a check and look pretty in front of
the cameras (looking at you Gavin).
From: alan mil
Sent: Friday, October 18, 2024 10:11 AM
Subject: TO NEWS AND ELECTED OFFICIALS DECADES BORDER SEWAGE SOLUTION: STOP
COMMERCE WATCH MEXICO IMMEDIATE WILL STOP RAW SEWAGE
THIS EMAIL SENT AS REPLY ALL TO:
REMINDER TO NEWS WILL YOU COVER STORY HELP OUR COMMUNITIES?
REMINDER TO ALL ELECTED REPS IN SD COUNTY TO SOLVE DECADES ISSUE!
@SANDAG CLERK - Please place additional entire email with links and pictures into Public Record
Comment the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON
AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place additional entire email with links and pictures into
Public Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON
AGENDA PUBLIC COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place additional entire email with links and pictures into
Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
You don't often get email from . Learn why this is important
Page 215 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
https://www.sandiegocounty.gov/cob/bosa/index.html
Thank You Paul,
NO TO HOLDING POND THE SOLUTION IS TO STOP SEWAGE AT SOURCE - THE MEXICO
TREATMENT PLANTS
Imperial Beach Wildlife Refuge and the entire south bay does not need any holding pond or tax
waste concrete line channel that increases stench and infestation of mosquitos. SOLVE THE
PROBLEM AT THE SOURCE IN MEXICO!
NO TO ANY MORE DECADES OF USELESS STUDIES
OR YET MORE POLLUTION MONITORING CDC TAX WASTE
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
SURF RIDER AND MANY ORGANIZATIONS PROVED SEWAGE PROBLEM ALREADY KNOWN
MEXICO MULTIPLE PLANTS DUMP SEWAGE OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
WILL NEWS AND POLITICIANS
HAVE THE GUTS TELL MEXICO
SHUT OFF THE TAPS DUMPING RAW SEWAGE?
SANDAG OWN DOCUMENT
BILLIONS OUR TAX FOR OTAY CROSSING
Page 216 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
IMPERIAL BEACH CLOSED DUE TO MEXICO DUMPING RAW SEWAGE
OTAY CROSSING NEGOTIATION INCLUDE SEWAGE IS A FEDERAL ISSUE
Page 217 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
NADBANK TAX FUNDED LOANS AT OTAY https://nadb.org/about/board-of-directors
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
COUNTY HANDS OUT TAX FUNDED AIR PURIFIERS ARE USELESS
"Chairwoman Vargas began distribution of TAX FUNDED "free" air purifiers to locals who have been
affected by the constant odors coming from the area."
Page 218 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
EVEN WHEN YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/flles/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
OSHA - "Gas masks are also known as "air-purifying respirators" because they filter or clean
chemical gases out of the air as you breathe. This respirator includes a facepiece or mask, and a
cartridge or canister. Straps secure the facepiece to the head. The cartridge may also have a filter to
remove particles. Gas masks are effective only if used with the correct cartridge or filter (these
terms are often used interchangeably) for a particular biological or chemical substance. Selecting
the proper filter can be a complicated process. There are cartridges available that protect against
more than one hazard, but there is no "all-inone" cartridge that protects against all substances.
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT."
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
INSTEAD OF HARD LINE TELL MEXICO STOP SEWAGE
DO YOU EXPECT SOUTH BAY TO WEAR GAS MASKS?
Page 219 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
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
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE
KAMALA HARRIS CAUSED THE HOMELESS DRUG TENTS
CHARTS AND GRAPHS https://growsf.org/blog/prop -47/
https://thefederalist.com/2024/08/09/california-can-thank-kamala-harris-for-its-crime-
problem/
PROP 47 measure required misdemeanor sentencing instead of felony for the following crimes:[16][17]
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Init
iative_(2014)
https://ballotpedia.org
Page 220 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Treatment-
Mandated_Felonies_Initiative_(2024)
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
Page 221 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
https://ballotpedia.org/Elections
https://vote.gov/
On Thu, Oct 17, 2024 at 10:14 PM wrote:
Hi All,
I bet the solution is simple and something we can and should do. All this government fussing is
doing very little except wearing us out.
Page 222 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
I have suggested at least 4 things: concrete lining to speed water fiow and sewage out to sea;
holding ponds or reservoirs like there once were; hand-held air pollution monitors to zero in on
the pollution source; and baking soda or lime to cut down on the harmful odors.
I have written to the Supervisors, referrals, others.
I'm sure many others have good ideas. So let's work together and just do it!
Regards,
Paul Henkin
-----Original Message-----
From: alan mil
Sent: Oct 17, 2024 12:42 PM
Subject: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS DO
NOT WORK
COPY TO
NEWS
MAYORS
CITY COUNCILS
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON AGENDA
PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
Page 223 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay Mesa
Crossing agreement. Just a nother useless study no teeth to force Mexico to stop their
untreated sewage dumping on our beaches. "Upon a motion by Councilmember Fisher, and a
second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not limited to
transborder sewage issues in the border region and to adopt Resolution No. 2024 - 32, approving
the Binational Agreements for State Route 11/Otay Mesa East Port of Entry. The motion passed
unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulflde, a toxic gas.
According to emails between researchers from UC San Diego and San Diego State University, the
decision came late Friday morning from Kim Prather, director of the Center for Aerosol Impacts on
Chemistry of the Environment at UC San Diego and principal investigator on a 2023 study about
sewage in waters off Imperial Beach becoming airborne. “As you know, I feel strongly about solving
this problem, but cannot in good conscience continue to put my own people at this level of risk,”
she wrote to members of a task force studying the impacts of the sewage crisis. Moments later,
Prather advised her team to stay in hotels outside South County. Prather said her team, which
collects data around the clock, found levels of hydrogen sulflde — one of the main chemical
components of sewer gas — to be persistently and dramatically above the state standard
Page 224 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
throughout the night and into the early morning hours Friday. The rotten egg odors
characteristically associated with the gas were especially unbearable Thursday, according to her
team and numerous reports from the public, who said odors inflltrated their air conditioners and
their carbon monoxide alarms went off late at night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the waste
they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to -
address-tijuana-sewage-crisis
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
Page 225 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
Page 226 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have been
affected by the constant odors coming from the area."
Page 227 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifler lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max 100),
the county is aware that not everybody who enters will win one of the machines, which will come
with two filters, which are in the $50 range and have an approximate life expectancy of six months
of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifler-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor removal,
masks should be equipped with a fllter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Page 228 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Bishop – Received 10/22/24
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n-
series%20cartridge_fllter%20chart.pdf
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Alan Curry
Page 229 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
From: Lety & Victor
Sent: Tuesday, October 22, 2024 12:08 AM
Subject: Re: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS
DO NOT WORK
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
On Thu, Oct 17, 2024 at 12:42 PM alan mil wrote:
COPY TO
NEWS
MAYORS
CITY COUNCILS
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON AGENDA
PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
Page 230 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay Mesa
Crossing agreement. Just a nother useless study no teeth to force Mexico to stop their
untreated sewage dumping on our beaches. "Upon a motion by Councilmember Fisher, and a
second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not limited to
transborder sewage issues in the border region and to adopt Resolution No. 2024 - 32, approving
the Binational Agreements for State Route 11/Otay Mesa East Port of Entry. The motion passed
unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulfide, a toxic gas.
According to emails between researchers from UC San Diego and San Diego State University, the
decision came late Friday morning from Kim Prather, director of the Center for Aerosol Impacts on
Chemistry of the Environment at UC San Diego and principal investigator on a 2023 study about
sewage in waters off Imperial Beach becoming airborne. “As you know, I feel strongly about solving
this problem, but cannot in good conscience continue to put my own people at this level of risk,”
she wrote to members of a task force studying the impacts of the sewage crisis. Moments later,
Prather advised her team to stay in hotels outside South County. Prather said her team, which
collects data around the clock, found levels of hydrogen sulfide — one of the main chemical
components of sewer gas — to be persistently and dramatically above the state standard
throughout the night and into the early morning hours Friday. The rotten egg odors
characteristically associated with the gas were especially unbearable Thursday, according to her
team and numerous reports from the public, who said odors infiltrated their air conditioners and
their carbon monoxide alarms went off late at night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
Page 231 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the waste
they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to -
address-tijuana-sewage-crisis
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
Page 232 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
Page 233 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have been
affected by the constant odors coming from the area."
Page 234 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifies-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifier lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max 100),
the county is aware that not everybody who enters will win one of the machines, which will come
with two filters, which are in the $50 range and have an approximate life expectancy of six months
of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifier-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or filters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor removal,
masks should be equipped with a filter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Page 235 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n-
series%20cartridge_filter%20chart.pdf
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
Page 236 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
https://ballotpedia.org/Elections
Page 237 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor – Received 10/22/24
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)
Page 238 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor 2 – Received 10/22/24
From: Lety & Victor
Sent: Tuesday, October 22, 2024 12:07 AM
Subject: Re: TO NEWS AND ELECTED OFFICIALS DECADES BORDER SEWAGE SOLUTION: STOP
COMMERCE WATCH MEXICO IMMEDIATE WILL STOP RAW SEWAGE
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
On Fri, Oct 18, 2024 at 10:12 AM alan mil wrote:
THIS EMAIL SENT AS REPLY ALL TO:
REMINDER TO NEWS WILL YOU COVER STORY HELP OUR COMMUNITIES?
REMINDER TO ALL ELECTED REPS IN SD COUNTY TO SOLVE DECADES ISSUE!
@SANDAG CLERK - Please place additional entire email with links and pictures into Public Record
Comment the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON
AGENDA PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place additional entire email with links and pictures into
Public Record Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON
AGENDA PUBLIC COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place additional entire email with links and pictures into
Public Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Thank You Paul,
NO TO HOLDING POND THE SOLUTION IS TO STOP SEWAGE AT SOURCE - THE MEXICO
TREATMENT PLANTS
Imperial Beach Wildlife Refuge and the entire south bay does not need any holding pond or tax
waste concrete line channel that increases stench and infestation of mosquitos. SOLVE THE
PROBLEM AT THE SOURCE IN MEXICO!
Page 239 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor 2 – Received 10/22/24
NO TO ANY MORE DECADES OF USELESS STUDIES
OR YET MORE POLLUTION MONITORING CDC TAX WASTE
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
SURF RIDER AND MANY ORGANIZATIONS PROVED SEWAGE PROBLEM ALREADY KNOWN
MEXICO MULTIPLE PLANTS DUMP SEWAGE OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
WILL NEWS AND POLITICIANS
HAVE THE GUTS TELL MEXICO
SHUT OFF THE TAPS DUMPING RAW SEWAGE?
SANDAG OWN DOCUMENT
BILLIONS OUR TAX FOR OTAY CROSSING
Page 240 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor 2 – Received 10/22/24
IMPERIAL BEACH CLOSED DUE TO MEXICO DUMPING RAW SEWAGE
OTAY CROSSING NEGOTIATION INCLUDE SEWAGE IS A FEDERAL ISSUE
NADBANK TAX FUNDED LOANS AT OTAY https://nadb.org/about/board-of-directors
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
Page 241 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – PC
Lety & Victor 2 – Received 10/22/24
COUNTY HANDS OUT TAX FUNDED AIR PURIFIERS ARE USELESS
"Chairwoman Vargas began distribution of TAX FUNDED "free" air purifiers to locals who have been
affected by the constant odors coming from the area."
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
EVEN WHEN YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/flles/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
OSHA - "Gas masks are also known as "air-purifying respirators" because they filter or clean
chemical gases out of the air as you breathe. This respirator includes a facepiece or mask, and a
cartridge or canister. Straps secure the facepiece to the head. The cartridge may also have a filter to
remove particles. Gas masks are effective only if used with the correct cartridge or filter (these
terms are often used interchangeably) for a particular biological or chemical substance. Selecting
the proper filter can be a complicated process. There are cartridges available that protect against
more than one hazard, but there is no "all-inone" cartridge that protects against all substances.
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
Page 242 of 352
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Lety & Victor 2 – Received 10/22/24
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT."
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
INSTEAD OF HARD LINE TELL MEXICO STOP SEWAGE
DO YOU EXPECT SOUTH BAY TO WEAR GAS MASKS?
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
REPEAL PROP 47 AG KAMALA HARRIS BILL MISLEADING TITLE
"SAFE NEIGHBORHOODS AND SCHOOLS ACT"
CHANGED FELONY TO MISDEMEANOR NO JAIL
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Lety & Victor 2 – Received 10/22/24
$950 THEFT NO JAIL ENCOURAGE DRUG ABUSE
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE
KAMALA HARRIS CAUSED THE HOMELESS DRUG TENTS
CHARTS AND GRAPHS https://growsf.org/blog/prop -47/
https://thefederalist.com/2024/08/09/california-can-thank-kamala-harris-for-its-crime-
problem/
PROP 47 measure required misdemeanor sentencing instead of felony for the following crimes:[16][17]
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Init
iative_(2014)
https://ballotpedia.org
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Treatment-
Mandated_Felonies_Initiative_(2024)
https://www.nonewtaxessd.com/
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https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
https://ballotpedia.org/Elections
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Lety & Victor 2 – Received 10/22/24
https://vote.gov/
On Thu, Oct 17, 2024 at 10:14 PM wrote:
Hi All,
I bet the solution is simple and something we can and should do. All this government fussing is
doing very little except wearing us out.
I have suggested at least 4 things: concrete lining to speed water fiow and sewage out to sea;
holding ponds or reservoirs like there once were; hand-held air pollution monitors to zero in on
the pollution source; and baking soda or lime to cut down on the harmful odors.
I have written to the Supervisors, referrals, others.
I'm sure many others have good ideas. So let's work together and just do it!
Regards,
Paul Henkin
-----Original Message-----
From: alan mil
Sent: Oct 17, 2024 12:42 PM
Subject: SANDAG OTAY SEWAGE BINATIONAL AGREEMENT - CHAIR VARGAS AIR PURIFIERS DO
NOT WORK
Page 246 of 352
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Lety & Victor 2 – Received 10/22/24
COPY TO
NEWS
MAYORS
CITY COUNCILS
SAN DIEGO SUPERVISORS
SANDAG REPRESENTATIVES
CA STATE REPS AND SENATORS
BCC TO COMMUNITY FED UP TAX LIES
@SANDAG CLERK - Please place entire email with links and pictures into Public Record Comment
the next scheduled Sandag Board Directors Meeting FRIDAY OCTOBER 25 9AM NON AGENDA
PUBLIC COMMENT.
https://www.sandag.org/calendar
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment the next scheduled Chula Vista City Meeting TUESDAY 5PM NON AGENDA PUBLIC
COMMENT.
https://www.chulavistaca.gov/departments/mayor-council/council-meeting-agenda
@COUNTY SUPERVISOR CLERK - Please place entire email with links and pictures into Public
Record Comment for next scheduled Supervisor Meeting TUESDAY NON AGENDA PUBLIC
COMMENT.
https://www.sandiegocounty.gov/cob/bosa/index.html
Good Afternoon,
SANDAG PASSED AMMENDMENT MONTHS AGO BORDER SEWAGE
WORK GROUP "STUDY" OTAY MESA BINATIONAL BORDER AGREEMENT
DID NOT INCLUDE MEXICO FORCE STOP SEWAGE DUMPING AS PART OF NEGOTIATION!
SANDAG ammended and voted to include the sewage crisis as part of to the $Billions Otay Mesa
Crossing agreement. Just a nother useless study no teeth to force Mexico to stop their
untreated sewage dumping on our beaches. "Upon a motion by Councilmember Fisher, and a
second by Councilmember Duncan, the Board voted to direct the CEO develop
a temporary working group to address environmental concerns, including but not limited to
transborder sewage issues in the border region and to adopt Resolution No. 2024 - 32, approving
the Binational Agreements for State Route 11/Otay Mesa East Port of Entry. The motion passed
unaminous vote."
AGENDA 5 OTAY BORDER SANDAG JULY 12 2024 MEETING
https://sandag.granicus.com/services/minutes/reports/a51aad64-0e37-44b2-b624-
1d452887ff2c/attachment
YET ANOTHER USELESS STUDY
WHEN WILL YOU TELL MEXICO STOP RAW SEWAGE DUMPING?
Page 247 of 352
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TODAY CDC STARTING DOOR TO DOOR SURVEY AT IMPERIAL BEACH
https://fox5sandiego.com/news/local-news/south-bay/cdc-representatives-go -door-to -door-
in-the-south-bay-this-is-why/
JUST FEW WEEKS AGO TOXIC BORDER SMELLS
GOVERNMENT RESEARCHERS WEARING WRONG P100 MASKS ABANDON COMMUNITY
STRANGE THAT THE SMELLS WENT AWAY THE VERY NEXT DAY AFTER MEDIA COVERAGE
EXPOSED BY MEDIA TIJUANA PLANT TEMPOARY SHUT OFF THE TAPS OF RAW SEWAGE DUMP
"Researchers studying the health and environmental impacts of the cross-border sewage crisis
said Friday they are pulling their teams collecting air and water samples in southern San Diego
County communities because of “concerningly high” levels of hydrogen sulflde, a toxic gas.
According to emails between researchers from UC San Diego and San Diego State University, the
decision came late Friday morning from Kim Prather, director of the Center for Aerosol Impacts on
Chemistry of the Environment at UC San Diego and principal investigator on a 2023 study about
sewage in waters off Imperial Beach becoming airborne. “As you know, I feel strongly about solving
this problem, but cannot in good conscience continue to put my own people at this level of risk,”
she wrote to members of a task force studying the impacts of the sewage crisis. Moments later,
Prather advised her team to stay in hotels outside South County. Prather said her team, which
collects data around the clock, found levels of hydrogen sulflde — one of the main chemical
components of sewer gas — to be persistently and dramatically above the state standard
throughout the night and into the early morning hours Friday. The rotten egg odors
characteristically associated with the gas were especially unbearable Thursday, according to her
team and numerous reports from the public, who said odors inflltrated their air conditioners and
their carbon monoxide alarms went off late at night or early in the morning."
https://www.sandiegouniontribune.com/2024/09/06/researchers-studying-sewage-crisis-
pull-out-of-south-county-amid-reported-high-levels-of-sewer-gas/
TIJUANA AND PUNTA BANDERAS DUMP RAW SEWAGE
MONTHS AFTER CHULA VISTA MEETING FEDERAL MEETING
"Representatives from the U.S. State Department and the Federal EPA as well as the California
Secretary for Environmental Protection were at an informational hearing Friday in Chula Vista
addressing cross-border pollution impacting California’s southern coastline."
https://www.msn.com/en-us/news/us/informational-hearing-in-chula-vista-focuses-on-
cross-border-pollution/ar-AA1kS0FY
VIDEO https://www.youtube.com/watch?v=5LlATGlo6Lk&t=0s
THAT INCLUDED SENATOR PADILLA, FEDERAL REPS EPA AND CDC
SENATOR PADILLA BILL IGNORES MEXICO DUMPING RAW SEAWAGE
SENATE BILL SB-1178 ONLY GOES AFTER AMERICAN COMPANIES IN MEXICO
"Padilla said Senate Bill 1208 will put a stop to the creation of a landfill around the Tijuana
watershed, while Senate Bill 1178 will hold corporations near the border responsible for the waste
they produce."
https://www.10news.com/news/local-news/south-bay-news/steve-padilla-promote-bills-to -
address-tijuana-sewage-crisis
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Lety & Victor 2 – Received 10/22/24
CA BILL 1178 SUE JUST AMERICAN COMAPNIES!
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1178
MEXICO DUMPS RAW SEWAGE
WHILE PROFITING BORDER CROSSING
KAMELA HARRIS JOE BIDEN MONEY FRONT
BIDEN/HARRIS NADBANK SECBLINKEN SECYELLEN
INTEREST LOANS PROFITING TOLL COLLECTION TRUCKS FROM MEXICO
SAME AS GOVERMENT TAX FUNDED BANK STUDENT HIGH INTEREST LOANS
https://nadb.org/about/board-of-directors
OTAY CROSSING IS A FEDERAL SEWAGE ISSUE
SECRETARY YELLEN SECRETARY BLINKEN LOANS AND PROFITS AMERICA TAXES
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MEXICO SEWAGE MULTIPLE PLANTS OCEAN CURRENTS TO USA BEACHES
https://sandiego.surfrider.org/news/touring-punta-bandera-and-los-laureles-canyon
EVERY DAY SAN DIEGO BEACHES CLOSED
CLOSED THE BORDER OF THE BILLIONS COMMERCE
LET PEOPLE CROSS JUST STOP THE PRODUCT PROFITEERING
WATCH HOW QUICKLY MEXICO SOLVES
Page 250 of 352
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Lety & Victor 2 – Received 10/22/24
WHAT? A LOTTERY USING OUR TAX!
CHAIR VARGAS UP FOR ELECTION WASTES OUR TAXES
BRIBE FOR VOTES HAND OUT USELESS AIR PURIFIERS
IGNORES HIGH ELECTRIC BILLS PEOPLE ALREADY PAY
"Chairwoman Vargas began distribution of TAX FUNDED "free: air purifiers to locals who have been
affected by the constant odors coming from the area."
https://www.chulavistatoday.com/community/chairwoman-nora-vargas-distributes-free-air-
purifles-to-mitigate-pollution-odors-from-tijuana-river-valley/
San Diego County runs air-purifler lottery for residents breathing aerosolized sewage
"With only $100,000 committed to the pilot program, and the BlueAir Blue Pure 311i Max 100
purifiers in the $200 range (according to the manufacturers of the BlueAir Blue Pure 311i Max 100),
the county is aware that not everybody who enters will win one of the machines, which will come
with two filters, which are in the $50 range and have an approximate life expectancy of six months
of operation."
https://www.nbcsandiego.com/news/local/san-diego-county-runs-air-purifler-lottery-for-
residents-breathing-aerosolized-sewage/3588525/
EVEN YOU YOU SIT IN FRONT AIR PURIFIER ALL DAY AND NOT GO ANYWHERE
EPA - "No air cleaner or filter will eliminate all of the air pollutants in your home. Note that there are
no widely used performance rating systems for portable air cleaners or fllters designed to
remove gases. The CADR rating system is for particles only."
https://www.epa.gov/sites/production/files/2018-
07/documents/guide_to_air_cleaners_in_the_home_2nd_edition.pdf
A standard particle filter is not designed to remove gases and odors. For gas and odor removal,
masks should be equipped with a fllter that includes ACTIVATED CARBON.
https://www.blueair.com/us/blog-all/pollutants/vocs-odors-gases.html
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GOVERNMENT REPEATED FAILURE
"SAFETY" MASK HAVE CORRECT CODING?
Color Coding NIOSH Approved Respirator Cartridges
Organic Vapors - BLACK
Organic Vapors and Acid Gasses - Yellow
Organic Vapors, Ammonia, Acid Gasses - Brown
High Efficiency (HE) Filter P100 Filters - Pink
MUST HAVE BLACK/YELLOW/BROWN STRIPE VAPOR PROTECTION
https://www.cdpr.ca.gov/docs/whs/pdf/niosh_approved_respirator_cartridges.pdf
Cartridges that contain charcoal or other chemicals for filtering the air should be kept in air-tight
packages until use. If cartridges are open or not packed in air-tight packaging, they should not be
used. Cartridges with activated charcoal also have a limited service life; they must be changed
periodically during use; AVERAGE OF ONE 8 HOUR SHIFT.
https://www.osha.gov/publications/respiratory_protection_bulletin_2011
Cartridge & Filter Reference Chart
https://prod-edam.honeywell.com/content/dam/honeywell-edam/sps/his/en-
us/products/respiratory-
protection/documents/HS_honeywell_north_ru8800_half_mask_honeywell%20north%20n-
series%20cartridge_fllter%20chart.pdf
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Lety & Victor 2 – Received 10/22/24
DOCUMENTARY THE BIG DUMP
THE BORDER SEWAGE CRISIS
"The Big Dump Documentary is about one of the worst man-made disasters in history! This film
sheds light on the Tijuana sewage crisis."
https://www.youtube.com/watch?v=T5awUGbRnN8&t=0s
--
Alan Curry
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Joseph A Raso
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council November 5, 2024
Over the the past several months I have been presenting to you a detailed
report containing City Staff data documenting the severe hardship the Chula Vista
City Council's actions have caused the homeless and financially vulnerable
members of our community. Specifically, how the Tenant Protection Ordinance
has exacerbated the housing crisis. Hundreds of individuals continue to live on the
streets, with children forced to seek shelter in refrigerator boxes. The human
suffering caused by you is real, measurable, and continues to grow unchecked.
Tonight, for a third time, I am including a note respectfully requesting that
you acknowledge whether you had read the data prepared by City Staff—data that
quantifies the damage being inflicted on our community. I am disheartened to find
that in the past not one council member could be bothered to at least read the data
the City Council has hired Staff to prepare.
The homeless crisis in Chula Vista will not be resolved if the City Council
continues forcing landlords to raise rents. By neglecting the information provided,
you are compounding the very housing problem that your policies have helped
create. Additionally, passing a “No Camping” ordinance does nothing to address
the root causes of homelessness or improve the lives of our most vulnerable
citizens.
My purpose tonight, once again, is to urge you to review the updated report,
dated October 15, 2024. This nine page document contains critical data prepared
by City Staff that I believe will compel you to take action. Specifically, it makes a
strong case for instructing staff to issue warnings to noncompliant individuals
before levying excessive $5,000 daily fines. Threatening massive fines only drives
honest landlords to preemptively raise rents, worsening the housing crisis.
On the reverse side of this note, I am, once again, requesting that you
acknowledge whether you have read the nine page October 15 report. You are free
to agree or disagree with City Staff’s findings, but I implore you to at least
consider their data. The future of our community’s most vulnerable residents
depends on it. Thank you for your time and attention.
Sincerely,
Joseph A. Raso
Written Communications - PC
Raso - Received 11/1/24
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Mr Raso,
YES! I have read and understood your
nine page 10/15/24 communication to the
Chula Vista City Council . . . . . . . (__)
NO! I have NOT read your
nine page 10/15/24 communication to the
Chula Vista City Council . . . . . . . (__)
Written Communications - PC
Raso - Received 11/1/24
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November 5, 2024 Post Agenda
Joseph A Raso
CHULA VISTA, CA 91910
Telephone
Honorable Mayor & City Council, October 15, 2024
I come before you again tonight with a heartfelt plea on behalf of
the homeless and nancially vulnerable in our community, who continue
to suffer due to the unmodied provisions of the Tenant Protection
Ordinance (TPO).
Over a year and a half ago, when I rst reviewed the draft of this
ordinance, I was shocked. The clauses that impose severe penalties on
uninformed landlords—penalties that landlords inevitably pass on to
tenants—were clearly going to result in preemptive rent hikes,
disproportionately impacting the poorest among us. Recognizing this
danger, I acted swiftly to gather data and advocate for change.
First: I worked with City Staff to quantify the harm the TPO has caused
to our most vulnerable residents. The data, which I have provided in
Attachment One, speaks for itself.
Second: I pinpointed specic clauses in the TPO that are most harmful,
pushing families out of their homes and onto the streets. These details
are included in Attachment Two.
Third: As a volunteer with CAST for 15 years, I have seen the human
toll of bad city policies rsthand. I have been called in the middle of the
night to assist homeless families, and I will never forget the empty stare
in the eyes of a little girl forced by YOU to sleep in a cardboard box. I
am sure there are additional innocent victims of this ordinance’s
unintended consequences. See Attachment Three.
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Fourth: I have employed a multi-faceted strategy to address the crisis,
as outlined in Attachment Four.
Fifth: A practical and compassionate solution exists—one that aligns
the TPO with state mandates without placing undue burdens on renters
or taxpayers. This is described in detail in Attachment Five.
Despite this clear evidence and the ongoing suffering, the Council
has not taken effective action. The TPO has created immense hardship
for low-income renters and increased homelessness, yet no meaningful
steps have been taken to alleviate this burden.
I implore you to act now. We are not requesting new programs or
initiatives. We are simply asking you to stop perpetuating harm. A
small, but crucial change to the wording of the TPO, as suggested in
Attachment Five, could make an immediate difference in easing this
crisis and restoring dignity to the least fortunate of our community.
I urge just one of you to step forward, show compassion, and rally
your fellow Council Members to address this urgent issue. The
continued resilient spirit of our community is at stake.
With hope,
Joseph A. Raso
PS: I was informed by city staff member Stacie Kurtz that with the right
attorney, we can demonstrate that the TPO does not even apply to my
case. This shows that my intentions are honorable and are driven by a
commitment to fairness, not self-interest. I’ve lived on the same quiet
cul-de-sac for 65 years, and I deeply care about our community. I will
take every necessary step to stop your relentless obsession of pushing
people out of their homes and onto the streets.
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City of Chula Vista - City Council
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Attachment One:
City Staff Supplied Data and Supporting Conclusions:
1)Chula Vista Population: 283,972 (Chula Vista - U.S. Census Bureau
QuickFacts 2022)
2) Average number of individuals in each household: 3.31. (Chula Vista
U.S. Census Bureau QuickFacts)
3) Percentage Chula Vista housing which are rentals. 42% (Data
compiled by City Staff )
4) Number of Chula Vista Rental Units: 36,033
Population of Chula Vista (283,972) divided by the average number of
people residing in each Residence (3.31) equals 85,792 multiplied the
percentage of residences which are rentals (42%) equals the
approximate number of Chula Vista rental units. (36,033)
5) Approximate number of Chula Vista renters: 119,268 (CV Population
283,972 x .42% = 119,268)
6) Approximate Average Monthly Chula Vista Rent: $3,047.00 (See
attached CV Staff provided “Relocation Assistance” Pic - Average of
Line 2nd from bottom)
7) With no right to cure, amount of daily fine threatening Landlord or
Tenant who inadvertently makes a paperwork error when Tenant
terminates lease and moves: $5,000.00 (Clauses 9.65.060 E and
9.65.080 C2 of the“Tenant Protection Ordinance”)
8) Maxim average monthly rent increase allowed annually: $304.70
3047.00 x 10%. California AB-1482 5% plus ination Max 10%)
9) Average number of months required for Landlord to impound a 1 day
fine: 16.41 ($5000.00 divided by $304.70)
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Conclusions Drawn From Staff Supplied Data:
A simple analysis of the data reveals:
1) $10,979,255.00: The approximate total monthly maximum rent
increase levied on Chula Vista Renters if Landlords are forced to
impound funds to the pay daily fines: (36,033 Rental Units multiplied
by the 10% max allowed rent adjustment $304.70 = $10,979,255.00 )
2) 596 New Homeless: Approximate number of Homeless created if
only one half of one percent of Chula Vista renters are forced out of their
homes by the rent increases caused by the Tenant Protection Ordinance:
CV Population 283,972 x 42% = 119,268 x .5% = 596)
City Staff Supplied Chart:
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Attachment Two: (Clauses of Concern)
Clause 9.65.060E: Reporting Requirements. Owners and Tenants shall provide the
City with information regarding termination of tenancies at such times and with
such details as required by the City in the attendant Administrative Regulations.
When a tenant decides to vacate a property by simply moving away without
giving written notice, it is left to the Landlord to terminate the lease. Simple logic
dictates that the Landlord’s termination must fall into an “At Fault Just Cause
Termination” or “No-Fault Just Cause Termination”. A Tenant simply moving
away does not fall into the “Notice Not Required” category listed below leaving
the Landlord required to supply City Staff info related information listed in 2B
below.
070 Administrative Regulations Requirements Upon Termination of Tenancy A.
Owner Notice to City Regarding Termination
1. Notice Not Required
Owners are not required to notify City of At-Fault Just Cause terminations.
Intent to occupy by Owner or Family Member.
Compliance with Government or Court Order.
Withdrawal from the rental market.
Substantial remodel or Complete Demolition
2. Notice Required
In accordance with 9.65.070(B), Owners of Residential Rental Unit(s) are required
to notify City of No-Fault Just Cause terminations
B. Content of Notice
A CVMC 9.65.070(B) notice by Owner to City of a No-Fault Just Cause
termination must contain the following information:
Property Address;
Owner name, phone and email;
Number of total units within complex;
Number of units vacant at time of noticing;
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Number of termination notices issued;
Contracted rent at time of notice, for all terminated tenancies; and
Copy of all termination notices.
If an error is committed by Landlord when submitting data to City
Staff, Landlord is subject to fine in Clause 9.65.080C2 listed below.
Clause 9.65.080C2: Civil penalties for violations of this chapter may be assessed
at a rate not to exceed $5,000,00 per violation per day.
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Attachment Three:
CAST Volunteer Experience:
For the past fifteen years, I have volunteered with CAST (Civilian Adversity
Support Team). CAST is a team of approximately sixty trained volunteers on call
24 hours a day and dispatched by the Chula Vista Police Department to assist
community members who have suffered a sudden death in the family. Calls may
range from violent murders to the peaceful passing of an elderly relative.
One evening, I was dispatched by the CVPD to the Palomar Trolley Station.
Expecting a tragic accident, I was relieved to find no one had died. Instead, the
police officer on the scene pointed me to a homeless man sleeping in a refrigerator
box with his six-year-old daughter. The policeman asked if I could help improve
their situation. I arranged for them to be taken to a shelter for single fathers. The
image of that family’s struggles became embedded in my heart, fueling my
commitment to assist the financially vulnerable in our community. If you had seen
the empty stare on that little girl’s face, you would share my deep commitment to
helping the underserved and immediately amend the “Tenant Protection
Ordinance.”
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Attachment Four:
Multi-pronged approach to bring relief to the poorest in our community
Community Efforts:
Feeding the Homeless: Our church organized a team of volunteers to
feed the increasing number of homeless resulting from the passing of the
Tenant Protection Ordinance.” Once a week, church members prepare
meals for Chula Vista’s homeless. Realizing this was insufficient to
mitigate the severe financial devastation as a result the “TPO”, I initiated
additional efforts.
Raising Awareness: I endeavored to make the City Council aware of the
damage caused by the current wording of the TPO. Naively believing
that awareness would prompt immediate corrective action, I gathered
data from City staff documenting the pain and suffering inflicted by the
TPO”
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Attachment Five:
Proposed Solution:
1.Notification System: Before issuing a $5,000 daily fine, notify the
offending party of non-compliance. This can be accomplished by
removing the word “Not” from clause 9.65.080C2 “When a
violation occurs, it is not required that a warning or notice to cure
must first be given before an administrative citation or civil penalty
may be issued.” Obviously honest “Mom & Pop” landlords would
gladly come into compliance, while the few “bad apples” would be
easily identified by their attempts to circumvent the law.
2. Benefits: This approach complies with California's requirements,
relieves pressure on landlords from preemptive rent increases, and
protects tenants from unnecessary financial strain.
Page of9 9
Written Communications - PC
Raso 2 - Received 11/1/24
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Written Communications – PC
Karit – Received 11/1/24
From: karit <
Sent: Friday, November 1, 2024 7:42 PM
To: CityClerk <CityClerk@chulavistaca.gov>
Subject: RE: City of Chula Vista: Notice of Agenda
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
It seems very odd that the City Council would hold a meeting on election day.
Either citizens choose to vote and miss out on their right to attend the meeting, or citizens attend
the meeting and miss out on their right to vote before the polls close. Yes?
Respectfully,
You don't often get email from Learn why this is important
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-interconnected web
LETICIA CANDIDATE FOR DISTRICT 3CESAR CANDIDATE FOR DISTRIC 4
Written Communications - PC
Acosta Part B - Received 11/4/24
Page 266 of 352
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Written Communications - PC
Acosta Part B - Received 11/4/24
Page 267 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
•Morning Report: Big Day for San Diego Civic Affairs
•by Voice of San Diego April 6, 20214
•LETICIA RACIST LANGUAGE
•
•The 79th District Assembly special election
•
•Meanwhile, the race has gotten ugly in its closing days.
A political committee funded by law enforcement groups
that supports Munguia sent out mailers to voters in
the district attempting to tie Weber to civil unrest in
downtown La Mesa
•
•A political committee funded by law enforcement groups that supports Munguia sent out mailers to voters in the district attempting to tie Weber to civil unrest in downtown La Mesa this summer following Black Lives Matter protests there
•Will Rodriguez-Kennedy, the local Democratic Party chair,said in a Facebook post that the ad was objectively racist, and urged Munguia to condemn it. He reiterated the party’s position that candidates should not seek support from law enforcement groups, and said the party would consider boycotting political consultants who use racist images or language
Written Communications - PC
Acosta Part B - Received 11/4/24
Page 268 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
•Author:La Prensa•Created:01 March, 2024•( Cesar Fernandez,)By Arturo Castañares•A current elementary school board member running for City Council lied about a previous felony drug charge that he falsely downplayed as a misdemeanor, now a felon running for the same office in next election.
Cesar Fernandez, who was elected to the Chula Vista Elementary School District in 2022, is currently running for Chula Vista City Council District 4 in the Southwest areas of the City.
•Fernandez was convicted of felony possession of marijuana for sale but has repeatedly stated publicly that it was only a misdemeanor charge.
Written Communications - PC
Acosta Part B - Received 11/4/24
Page 269 of 352
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JOSE IS THIS WHAT YOU WANT
FOR THE REST OF CHULA VISTA
Written Communications - PC
Acosta Part B - Received 11/4/24
Page 270 of 352
City of Chula Vista - City Council
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•Jose why are you endorsing. someone
•that CAN NOT EVEN
•VOTE FOR HIMSELF
•Cesar Fernandez was convicted of
felony possession of marijuana for
sale.
Written Communications - PC
Acosta Part C - Received 11/4/24
Page 271 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
• Jose why are you
endorsing. someone
• that CAN NOT EVEN
• VOTE FOR HIMSELF
Cesar Fernandez was
convicted of felony possession of
marijuana for sale .
Written Communications - PC
Acosta Part C - Received 11/4/24
Page 272 of 352
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v . 0 0 4 P a g e | 1
November 5, 2024
ITEM TITLE
Downtown Parking District Meter Rates: Increase Parking Meter Rates in the Downtown Parking District and
Amend Chula Vista Municipal Code Chapters 10.52 and 10.56, and Chapter 13 of the City’s Master Fee
Schedule
Report Number: 24-0203
Location: Downtown Parking District, bounded by E Street to the north, Del Mar Avenue to the east, Garret
Avenue to the west, and H Street to the south
Department: Finance
G.C. § 84308: No
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California
Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section
15060(c)(3) no environmental review is required
Recommended Action
Place an ordinance on first reading amending Chapter 10.56 of the Chula Vista Municipal Code “Parking
Meters, Parking Meter Zones and Permit Parking” to amend section 10.56.020 “Meters – Installation and
maintenance – Rates of use” to increase parking meter rates, and to amend section 10.56.040 “Meter zones
– Designated – Time limits authorized in zone – Schedule XI” to reflect current parking meter zones and time
limits, and amending Chapter 10.52 of the Chula Vista Municipal Code “Stopping, Standing and Parking” to
amend section 10.52.480 “Municipal parking lots – Designated – Manner of parking required – Schedule XV”
to reflect current parking lots (First Reading); and adopt a resolution amending Chapter 13 of the City’s
Master Fee Schedule increasing the parking meter rates.
SUMMARY
The Downtown Parking District encompasses a roughly 120-acre area in downtown Chula Vista bounded by
E Street to the north, Del Mar Avenue to the east, H Street to the south, and Garrett Avenue to the west. The
Downtown Parking District provides more than 1,500 public parking spaces through metered and free
parking. In September 2022, the City Council adopted a resolution approving the Downtown Parking
Management Plan (DPMP) Report. The DPMP Report included the recommendation to increase parking
meter rates to provide sufficient revenue to support Downtown Parking District operations and parking
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turnover. City staff has analyzed the parking meter revenue and the Parking Meter Fund that supports the
annual operating and maintenance, and capital expenses of the Downtown Parking District and projects
annual deficits and negative fund balance by Fiscal Year 2029. In order to address projected deficits and
maintain a positive fund balance and adequate reserves, staff recommends increasing parking meter rates
from $0.50 to $0.75 per hour for Two-Hour and Four-Hour Meters and from $0.25 to $0.50 per hour for Ten-
Hour Meters.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed activity for compliance with the California
Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under
Section 15378 of the State CEQA Guidelines, because it will not result in a physical change in the environment.
Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA.
Thus, no environmental review is required.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION
The proposed parking meter rate increase in the Downtown Parking District was presented as an
informational item to the Downtown Chula Vista Association, Board of Directors Meeting on October 9, 2024.
DISCUSSION
Background
The Downtown Parking District was formed in 1963 via Ordinance 847 under the provisions of the Parking
District Law of 1943 (California Streets and Highways Code 31500 - 36745), which allows construction of
parking facilities and imposition of parking fees. The Downtown Parking District encompasses a roughly
120-acre area in downtown Chula Vista bounded by E Street to the north, Del Mar Avenue to the east, H Street
to the south, and Garrett Avenue to the west. Third Avenue, a major commercial corridor, runs in a
north/south direction through the center of the Downtown Parking District. Businesses fronting Third
Avenue include bars, restaurants, offices, commercial shops, and numerous other uses. Within the
Downtown Parking District, Third Avenue is characterized by wide sidewalks, streetscape improvements
(such as curb bulb-outs and mid-block crosswalks), numerous store fronts and bar/restaurant entrances,
and angled on-street parking, all of which facilitate pedestrian access and circulation along this roadway.
Memorial Park is located on the west side of Third Avenue, between G Street and F Street, and the Third
Avenue corridor is the site of numerous community-wide special events. Areas outside of the Downtown
Parking District are mostly residential, with single family and multi-family residences throughout.
The Downtown Parking District includes over 1,500 public parking spaces, which are located on-street, off-
street parking lots, and in one multi-level parking structure located at 340 F Street (the "Park Plaza Parking
Structure"). Of the total parking spaces, nearly half are available at no charge. Paid parking facilities include
the following:
Paid Parking Facilities Time Limits Current Meter Rate Spaces
On-Street Metered Spaces 2 Hours $0.50/hour 480
Pay Lot 1 10 Hours $0.25/hour 14
Pay Lot 2 4 Hours $0.50/hour 74
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Paid Parking Facilities Time Limits Current Meter Rate Spaces
Pay Lot 3 10 Hours $0.25/hour 118
Pay Lot 5 4 Hours $0.50/hour 42
Pay Lot 8 10 Hours $0.25/hour 53
Pay Lot 10 10 Hours $0.25/hour 28
Current Parking Meter Rates, Zones, and Limits
Downtown Parking District meter rates are established by Chula Vista Municipal Code (CMVC) Section
10.56.020. The rates for parking in a space regulated by a meter are as follows:
Thirty (30) Minute Meters: A $0.25 deposit up to the maximum time limit established for the zone in
which the meter is located; or
Two, Three, and Four-Hour Meters: A $0.25 deposit for each 30-minute interval or a $0.50 deposit
for each one-hour interval up to the maximum legal time limit established for the zone in which the
meter is located; or
Ten (10) Hour Meters: A $0.25 deposit for each one-hour period up to the maximum legal time limit
established for the zone in which the meter is located.
The current parking meter rates were last increased in 2007 via Ordinance 3094 to generate additional
revenue to make necessary maintenance and improvements in the Downtown Parking District.
Downtown Parking District meter zones and limits are established by CVMC Section 10.56.040. Current
Parking time limits permitted are: 30 minutes, one-hour, and two-hours for on-street meters, four-hours at
pay lots 2 and 5, and 10 hours at pay lots 1, 3, 8, and 10. The current parking meter zones and limits were
last updated in 2009 via Ordinance 3138 to expand the district boundaries and general clean-up of certain
parking related definition and regulations.
Downtown Parking Management Plan
The Downtown Parking Management Plan (DPMP) report, dated August 2022, was prepared by Chen Ryan
Associates and approved by the City Council on September 27, 2022. The DPMP report analyzed existing and
projected future parking conditions within the Downtown Parking District and provided a series of
recommendations to optimize parking facilities and parking avai lability throughout the Downtown Parking
District. One of the recommendations of the DPMP report was to increase on-street metered spaces to $0.75
per hour and pay lot meter spaces to $0.50 per hour to make the acceptance of the credit card payments on
single space smart meters financially feasible when implemented.
In October 2023, single space smart meters were installed throughout the Downtown Parking District
providing coin, credit and debit cards, and contactless pay options. Prior to implementation of the single
space smart meters, only coins were accepted at on-street meters.
Parking Meter Revenue and Fund Analysis
In accordance with CVMC Section 10.56.260, all revenue collected from Downtown Parking District meters
is deposited into the Parking Meter Fund, a special revenue fund, for the following purposes:
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For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and
policing of parking meters in this City and for the payment of any and all expenses relating or
incidental thereto.
For the purchasing, leasing, acquiring, improving, operating and maintaining of off-street parking
facilities in the City.
For the installation and maintenance of traffic control devices and signals.
For the painting and marking of streets and curbs required for the direction of traffic and parking of
motor vehicles.
For the proper regulation, control and inspection of parking and traffic upon the public streets.
To be pledged as security for the payment of principal and interest on off-street parking revenue
bonds issued by the City or any parking district organized within the City.
Parking meter revenue provides resources to support the annual operating and maintenance, and routine
and minor capital expenses of the Downtown Parking District. The following are examples of current uses of
Parking meter revenue:
Parking District Management and
Enforcement Contract
Parking Structure Maintenance Contract
Supplies and Services (such as meter data
services, meter rental, repair and
replacement costs)
Utilities
City Staff Services
Pass Through Penalty to County ($12.50
per citation)
Credit Card Transaction Fees
Minor Capital Expenditures (such as
lighting, elevator, parking structure, and
parking lot repairs/replacements)
Funding Operating Reserves (6 Months
Operating Expenditures)
Funding Capital Reserves (12 Months
Operating Expenditures)
Additionally, the parking meter revenue is needed to support major capital outlay and projects on assets of
the Downtown Parking District. The following are examples of these types of major capital projects and
potential future needs of the Downtown Parking District:
Parking Lot 3 Purchase
ADA Parking Improvements
Parking Structure Lighting Improvements
Parking Lot Resurfacing
Parking Lot Lighting Improvements
Parking Wayfinding/Signage
Replacements/Improvements
Curbside and Mobility Improvements
Parking Structure Elevator Replacement
The Government Finance Officers Association (GFOA) recommends that governments periodically review
and update charges and fees. As mentioned above, the last time parking meter rates were increased was in
2007. As such, staff analyzed the Parking Meter Fund, forecasting projected revenues, expenditures, and
impacts to fund balance and reserves using current parking meter rates. The following table outlines the
projected revenues, expenditures, and impacts to fund balance and reserves over the next five-years using
current parking meter rates and assumptions. The analysis highlights projected annual deficits starting in
Fiscal Year 2025 resulting in the use of reserve funds and a negative fund balanc e by Fiscal Year 2029. The
projection also indicates that the City would need to delay the major capital needs highlighted above (or
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identify an alternative funding source such as the General Fund) in Fiscal Year 2028 due to limited fund
balance. Lastly, the City would likely need to reduce operational costs in Fiscal Year 2029, via service level
reductions in the Downtown Parking District to maintain a positive fund balance.
Table 1 – Current Meter Rates
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Beginning Fund Balances $ 1,300,000 $ 1,239,700 $ 365,000 $ 126,200 $ 33,600
Revenues $ 780,400 $ 790,400 $ 800,400 $ 810,600 $ 820,900
Expenditures $ 840,700 $ 1,665,100 $ 1,039,200 $ 903,200 $ 917,400
Projected Surplus / (Deficit) $ (60,300) $ (874,700) $ (238,800) $ (92,600) $ (96,500)
Ending Fund Balance $ 1,239,700 $ 365,000 $ 126,200 $ 33,600 $ (62,900)
Operating Reserve - Target $400K $ 439,700 $ 365,000 $ 126,200 $ 33,600 $ -
Capital Reserve - Target $800K $ 800,000 $ - $ - $ - $ -
Total Reserve Funds $ 1,239,700 $ 365,000 $ 126,200 $ 33,600 $ -
Proposed Parking Meter Rates, Zones, and Limits
In order to address the projected deficits and maintain a positive fund balance and adequate reserves, staff
is recommending a parking meter rate increase of $0.25 per hour district wide, increasing the rate for Two-
Hour and Four-Hour Meters from $0.50 to $0.75 and increasing the rate for Ten-Hour Meters from $0.25 to
$0.50 per hour. The following table outlines the projected revenues, expenditures, and impacts to fu nd
balance and reserves over the next five-years using the proposed parking meter rates and assumptions. The
updated analysis highlights a reasonable projected annual surplus, funding for major capital needs, positive
fund balance, and maintenance of reserves with no reliance on an alternative funding source.
Table 2 – Proposed Meter Rates
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Beginning Fund Balances $ 1,300,000 $ 1,372,100 $ 765,100 $ 796,900 $ 828,000
Revenues $ 912,800 $ 1,058,100 $ 1,071,000 $ 1,084,300 $ 1,097,700
Expenditures $ 840,700 $ 1,665,100 $ 1,039,200 $ 1,053,200 $ 1,067,400
Projected Surplus / (Deficit) $ 72,100 $ (607,000) $ 31,800 $ 31,100 $ 30,300
Ending Fund Balance $ 1,372,100 $ 765,100 $ 796,900 $ 828,000 $ 858,300
Operating Reserve - Target $400K $ 572,100 $ 400,000 $ 400,000 $ 400,000 $ 400,000
Capital Reserve - Target $800K $ 800,000 $ 365,100 $ 396,900 $ 428,000 $ 458,300
Total Reserve Funds $ 1,372,100 $ 765,100 $ 796,900 $ 828,000 $ 858,300
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Staff is also recommending minor modifications to meter zones and time limits to reflect current zones and
time limits within the Downtown Parking District.
The proposed modifications to CVMC Chapters 10.52 and 10.56, and Chapter 13 of the City’s Master Fee
Schedule related to the proposed rate increase and minor modification to meter zones and time limits are
redlined in Attachment 1, 2 and 3 for CVMC Chapters 10.56, 10.52, and Chapter 13 of the City’s Master Fee
Schedule, respectively.
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 Downtown Parking District which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of interest
under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political
Reform Act (Cal. Gov’t Code §87100, et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact
that may constitute a basis for a decision-maker conflict of interest in this matter.
CURRENT-YEAR FISCAL IMPACT
There is no current year fiscal impact to the General Fund as a result of this action. Additional parking meter
revenue resulting from the proposed rate increases will be deposited within the Parking Meter Fund to fund
current year operating and maintenance, and capital expenses of the Downtown Parking District.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact to the General Fund as a result of this action as currently presented.
Additional parking meter revenue resulting from the proposed rate increases will be deposited within the
Parking Meter Fund to fund current-year and ongoing operating and maintenance, and capital expenses of
the Downtown Parking District.
ATTACHMENTS
1. Redline Amendments to CVMC Chapter 10.56
2. Redline Amendments to CVMC Chapter 10.52
3. Redline Amendments to City’s Master Fee Schedule Chapter 13
Staff Contact: Adrian Del Rio, Assistant Director, Finance Department
Jimmy Vasquez, Revenue Manager, Finance Department
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C:\Program Files\eSCRIBE\TEMP\20394389723\20394389723,,,Ordinance - Amendments to CVMC Chapter 10.56 and 10.52.docx
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 10.56 OF THE CHULA VISTA MUNICIPAL CODE,
“PARKING METERS, PARKING METER ZONES AND
PERMIT PARKING,” AND CHAPTERS 10.52, “STOPPING,
STANDING, AND PARKING,” TO INCREASE PARKING
METER RATES AND REFLECT THE CURRENT PARKING
METER ZONES AND TIME LIMITS
WHEREAS, the Downtown Parking District was established in 1963 pursuant to the
Parking District Law of 1943 (California Streets and Highways Code 31500 – 36745); and
WHEREAS, the Downtown Parking District provides more than 1,500 public parking
spaces through metered and free parking; and
WHEREAS, Chen Ryan Associates was engaged to conduct a Chula Vista Parking
Management Study; and
WHEREAS, in September 2022, the City Council of the City of Chula Vista adopted a
resolution approving the Downtown Parking Management Plan Report dated August 2022; and
WHEREAS, the approved Downtown Parking Management Plan Report included the
recommendation to increase parking meter rates to provide sufficient revenue to support
Downtown Parking District operations and parking turnover; and
WHEREAS, City staff has reviewed the Downtown Parking Management Plan Report and
recommends increasing the parking meter rates to support the increased maintenance and
enforcement costs of the Downtown Parking District; and
WHEREAS, minor modifications have been made within the Downtown Parking District
to the established parking meter zones and time limits; and
WHEREAS, modifications are required in Chula Vista Municipal Code Chapter 10.52 and
10.56 to reflect the increase in the parking meter rates and accurately reflect the current parking
meter zones and time limits within the Downtown Parking District.
NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Chapter 10.56, Parking Meters, Parking Meter Zones and Permit Parking,
is hereby amended to read as follows:
Chapter 10.56
PARKING METERS, PARKING METER ZONES AND PERMIT PA RKING
[Section 10.56.010 remains unchanged.]
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Ordinance
Page 2
10.56.020 Meters – Installation and maintenance – Rates for use.
The City Council shall provide for the installation of parking meters including curb or street
marking lines, regulation and operation thereof, cause said meters to be maintained in good
workable condition, and set the rates for parking in a space regulated by said meters by ordinance.
The rates for parking in a space regulated by a meter are as follows:
A. Two, Three and Four Hour Meters. A $0.75 deposit for each one-hour interval up to the
maximum legal time limit established for the zone in which the meter is located; or
B. Ten (10) Hour Meters. A $0.50 deposit for each one-hour period up to the maximum legal time
limit established for the zone in which the meter is located.
[Section 10.56.030 remains unchanged.]
10.56.040 Meters – Meter zones – Designated – Time limits authorized in zone – Schedule
XI.
In accordance with CVMC 10.56.030, parking meter zones are hereby established upon those
public parking lots and streets or portions of streets described herein in which parking of vehicles
shall be regulated by parking meters between the hours and on days specified in CVMC 10.56.150
and upon the signs erected thereon, and for the duration specified below and upon the signs erected
thereon, as follows:
Schedule XI
Name of Street Beginning At Ending At Side Duration
Center Street Third Avenue Del Mar Avenue N/S 2 hours
Church Avenue F Street E Street E/W 2 hours
Church Avenue Center Street Madrona Street E/W 2 hours
Del Mar
Avenue
F Street Center Street East 2 hours
E Street Garrett Avenue 100 ft. E/E curbline of
Landis Avenue
N/S 2 hours
F Street Garrett Avenue Del Mar Avenue North 2 hours
F Street Third Avenue 125 ft. E/E curbline of
Third Avenue
South 2 hours
G Street 100 ft. W/W
curbline of Third
Avenue
100 ft. E/E curbline of
Church Avenue
N/S 2 hours
Garrett Avenue 125 ft. S/S curbline
of E Street
150 ft. N/N curbline
of E Street
East 2 hours
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Ordinance
Page 3
Landis Avenue F Street 300 ft. N/N curbline
of E Street
East 2 hours
Landis Avenue F Street 170 ft. N/N curbline
of E Street
West 2 hours
Madrona Street Third Avenue 125 ft. E/E curbline of
Third Avenue
N/S 2 hours
Park Way 125 ft. W/W
curbline of Third
Avenue
Third Avenue N/S 2 hours
Third Avenue E Street Center Street East 2 hours
Third Avenue Center Street Madrona Avenue East 2 hours
Third Avenue Madrona Avenue Alvarado Street East 2 hours
Third Avenue E Street 125 ft. S/S curbline of
Roosevelt Street
West 2 hours
Designated
Parking Lot
Location Duration
No. 1 Near southwest corner of Landis and E Streets 10 hours
No. 2 Northeast corner of Landis and Davidson Streets 4 hours
No. 3 200 block of Landis (north of F Street) 10 hours
No. 4 340 F Street (near southwest corner of E Street) 3 hours
Unlimited
No. 5 Near southeast corner of Third and Madrona 4 hours
No. 8 281 – 287 Church Avenue (between Church and Del
Mar Streets)
10 hours
No. 10 Northwest corner of Church and Davidson Streets 10 hours
The City Engineer shall maintain within a register a Schedule XI listing the restrictions applicable
to these locations where parking meter zones have been established.
[Sections 10.56.050 through 10.56.320 remain unchanged.]
Section II. Chapter 10.52, Stopping, Standing and Parking Section 10.52.480, is herby
amended to read as follows:
10.52.480 Municipal parking lots – Designated – Manner of parking required – Schedule
XV.
Pursuant to Vehicle Code Section 22519, the following areas are designated as off -street public
parking lots owned or operated by the City. It is unlawful for any vehicle to park in a municipal
parking lot except in accordance with the angle to the curb indicated by signs or pavement
markings allotting space to parked vehicles and entirely within the limits of said allotted space,
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Ordinance
Page 4
with the front wheel nearest the curb and within six inches of said curb or other stop, and in
accordance with the time limits indicated on signs erected in the area by the City Engineer pursuant
to regulation adopted under CVMC 10.04.030. The City Engineer shall maintain within a register
a Schedule XV listing the restrictions applicable to these locations.
Designated
Parking
Lot
Location
No. 1 Near southwest corner of
Landis and E Streets
No. 2 Northeast corner of Landis and
Davidson Streets
No. 3 200 block of Landis (North of F
Street)
No. 4 340 F Street (Near southwest
corner of E Street)
No. 5 Near southeast corner of Third
and Madrona
No. 8 281 – 287 Church Avenue
(between Church and Del Mar
Streets)
No. 10 Northwest corner of Church
and Davidson Streets
NPSC Norman Park Senior Center
(between F and Center Streets)
City Hall
Employee
Lots
West of Fourth Street, south of
Davidson, east of Fig Street.
North of F Street west of Fire
Station No. 1.
City Hall
Visitor Lot
North side of F Street, between
Building 200 and Fire Station
No. 1.
Chula Vista
Community
Park Lot
South of Chula Vista
Community Park and west of
Eastlake Parkway
City
Employee
Lot
West of Maxwell Road and
north of Main Street at the John
Lippit Public Works Center
Ken Lee
Lot
West of Fourth Avenue and
south of F Street
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Ordinance
Page 5
Police
Department
Parking
Structure
East of Fourth Avenue and
south of F Street
The City Engineer has the ability, once signage is posted, to designate specific parking spots in the
above lots as visitor parking, car share parking, electric vehicle parking, disabled person and/or
employee parking. The City Council hereby delegates to the City Engineer the ability to change
the parking spot designations within the above lots, including but not limited to establishing
metered parking, without having to seek Council approval beforehand. The designations of any
specific parking spot or parking area will not be enforceable until signage is posted. Parking that
is in violation of the posted signs is illegal and will be ticketed pursuant to CVMC 10.62.010
through 10.62.030.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or
phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
Sarah Schoen Marco A. Verdugo
Director of Finance/Treasurer City Attorney
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Form Rev 3/6/2023
RESOLUTION NO. __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CHAPTER 13 OF THE CHULA
VISTA MASTER FEE SCHEDULE TO INCREASE PARKING
METER RATES
WHEREAS, the Downtown Parking District was established in 1963 pursuant to the
Parking District Law of 1943 (California Streets and Highways Code 31500 – 36745); and
WHEREAS, the Downtown Parking District provides more than 1,500 public parking
spaces through metered and free parking; and
WHEREAS, Chen Ryan Associates was engaged to conduct a Chula Vista Parking
Management Study; and
WHEREAS, in September 2022, the City Council of the City of Chula Vista adopted a
resolution approving the Downtown Parking Management Plan Report dated August 2022; and
WHEREAS, the approved Downtown Parking Management Plan Report included the
recommendation to increase parking meter rates to provide sufficient revenue to support
Downtown Parking District operations and parking turnover; and
WHEREAS, City staff has reviewed the Downtown Parking Management Plan Report and
recommends increasing the parking meter rates to support the increased maintenance and
enforcement costs of the Downtown Parking District; and
WHEREAS, on this same date, the City Council did place an ordinance on first reading
amending the Chula Vista Municipal Code Chapter 10.56 “Parking Meters, Parking Meter Zones
and Permit Parking” to reflect the increase in the parking meter rates within the Downtown Parking
District; and
WHEREAS, in order to increase the parking meter rates, the Council wishes to amend
Chapter 13 of the City’s Master Fee Schedule, as set forth in Exhibit 1, attached hereto and
incorporated herein by reference as if set forth in full; and
WHEREAS, the revised fees do not exceed the estimated reasonable cost of providing the
associated services; and
WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate
to increase any levy, charge, or exaction imposed by a local government unless specifically
exempted; and
WHEREAS, the revised fees are exempt from the vote requirement pursuant to Section
1(e) of Article XIII C of the California Constitution; and
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Resolution No.
Page 2
WHEREAS, the proposed amendments to the Master Fee Schedule shall become effective
upon adoption of this Resolution.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby amend Chapter 13 (Parking Fees) of the City's Master Fee Schedule to increase
parking meter rates as set forth in Exhibit 1, respectively, to this Resolution.
Presented by Approved as to form by
Sarah Schoen Marco A. Verdugo
Director of Finance/Treasurer City Attorney
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Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 1 of 13
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Chapter 10.56
PARKING METERS, PARKING METER ZONES AND PERMIT PARKING
Sections:
10.56.010 Repealed.
10.56.020 Meters – Installation and maintenance – Rates for use.
10.56.030 Meter zones – Established – Regulations generally.
10.56.040 Meter zones – Designated – Time limits authorized in zone – Schedule XI.
10.56.050 Meter zones – Authorization for establishment.
10.56.060 Meters – Placement and removal of posts.
10.56.070 Meters – Installation – Authority.
10.56.080 Meters – Installation – Location.
10.56.090 Meters, individual – Display of time limit.
10.56.095 Meters, multi-space – Display of time limit.
10.56.100 Meter zone – Manner of parking required.
10.56.110 Meter – Driver operations required.
10.56.120 Meter zone – Parking unlawful when.
10.56.130 Parking meter – Overtime.
10.56.140 Parking meter – Extra time prohibited.
10.56.150 Parking meter – Time of operation.
10.56.160 Parking meter – Tampering with.
10.56.180 Meters – Improper use prohibited.
10.56.190 Payment by unauthorized person prohibited.
10.56.200 Meters – Limitations on use for certain purposes.
10.56.210 Rules of evidence – Parking in metered space deemed unlawful when.
10.56.220 Rules of evidence – Vehicle deemed parked by owner when.
10.56.230 Rules of evidence – Parking in unmetered space deemed owner’s responsibility.
10.56.240 Meters – Collection of deposited coins.
10.56.250 Meters – Purchase, lease and maintenance jurisdiction.
10.56.260 Meters – Use of moneys collected.
10.56.270 Permit parking – Established – Administration authority.
10.56.280 Permit parking – Form of permit – Authorized when.
10.56.290 Permit parking – Areas designated – Schedule XII.
10.56.300 Permits or tags – Cost – Period of validity – Prorating permitted when.
10.56.310 Permits or tags – Sale procedure – Display of permit.
10.56.320 Permits or tags – Issuance and use.
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Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 2 of 13
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.56.010 Vehicle defined.
Repealed by Ord. 2670, 1996. 10.56.020 Meters – Installation and maintenance –
Rates for use.
The City Council shall provide for the installation of parking meters including curb or street marking
lines, regulation and operation thereof, cause said meters to be maintained in good workable
condition, and set the rates for parking in a space regulated by said meters by ordinance. The rates
for parking in a space regulated by a meter are as follows:
A. Thirty (30) Minute Meters. A $0.25 deposit up to the maximum time limit established for the zone
in which the meter is located; or
AB. Two, Three and Four Hour Meters. A $0.25 deposit for each 30-minute interval or a $0.7550
deposit for each one-hour interval up to the maximum legal time limit established for the zone in
which the meter is located; or
BC. Ten (10) Hour Meters. A $0.5025 deposit for each one-hour period up to the maximum legal
time limit established for the zone in which the meter is located. (Ord. 3138 § 3, 2009; Ord. 3094 § 2, 2007;
Ord. 2670, 1996; Ord. 2436 § 2, 1991; Ord. 2367 § 1, 1990; Ord. 2143 § 1, 1986; Ord. 955 § 3).
10.56.030 Meter zones – Established – Regulations generally.
Pursuant to the authority of Vehicle Code Section 22508, parking meter zones and the rate of fees
for parking in such zones shall be established in this chapter and applicable to those public parking
lots and streets or parts of streets as identified and as described in CVMC 10.56.040, Schedule XI,
in which zones the parking of vehicles shall be regulated by parking meters for the duration of time
specified in said Schedule XI and for the hours of operation identified in CVMC 10.56.150. (Ord. 3138
§ 3, 2009; Ord. 2670, 1996; Ord. 2436 § 3, 1991; Ord. 973 § 1, 1966; prior code § 19.17.1(A)).
10.56.040 Meter zones – Designated – Time limits authorized in zone –
Schedule XI.
In accordance with CVMC 10.56.030, parking meter zones are hereby established upon those public
parking lots and streets or portions of streets described herein in which parking of vehicles shall be
regulated by parking meters between the hours and on days specified in CVMC 10.56.150 and upon
the signs erected thereon, and for the duration specified below and upon the signs erected thereon,
as follows:
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Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 3 of 13
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Schedule XI
Name of Street Beginning At Ending At Side Duration
Center Street Third Avenue Del Mar Avenue N/S 21 hours
Church Avenue F Street E Street E/W 2 hours
Church Avenue Center Street Madrona Street E/W 2 hours
Del Mar Avenue F Street Center Street East 2 hours
E Street Garrett Avenue 100 ft. E/E
curbline of Landis
Avenue
N/S 2 hours
F Street Garrett Avenue Del Mar Avenue North 2 hours
F Street Third Avenue 125 ft. E/E
curbline of
Third Avenue
South 2 hours
G Street 100 ft. W/W
curbline of Third
Avenue
100 ft. E/E
curbline of
Church Avenue
N/S 2 hours
Garrett Avenue 125 ft. S/S
curbline of E
Street
150 ft. N/N
curbline of E
Street
East 2 hours
Landis Avenue F Street 300 ft. N/N
curbline of E
Street
East 2 hours
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Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 4 of 13
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Landis Avenue F Street 170 ft. N/N
curbline of E
Street
West 2 hours
Madrona Street Third Avenue 125 ft. E/E
curbline of Third
Avenue
N/S 2 hours
Park Way 125 ft. W/W
curbline of Third
Avenue
Third Avenue N/S 2 hours
Third Avenue E Street Center Street East 2 hours
Third Avenue Center Street Madrona Avenue East 30 minutes or 2
hours
Third Avenue Madrona Avenue Alvarado Street East 2 hours
Third Avenue E Street 125 ft. S/S
curbline of
Roosevelt Street
West 2 hours
Designated
Parking Lot Location Duration
No. 1 Near southwest corner of Landis and E Streets 10 hours
No. 2 Northeast corner of Landis and Davidson Streets 4 hours
No. 3 200 block of Landis (north of F Street) 10 hours
No. 4 340 F Street (near southwest corner of E Street) 3 hours
Unlimited
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
No. 5 Near southeast corner of Third and Madrona 4 hours
No. 6 Northwest corner of Church and Madrona Streets 10 hours
No. 7 Southwest corner of Church and Center Streets 10 hours
No. 8 281 – 287 Church Avenue (between Church and Del Mar Streets) 10 hours
No. 9 Southwest corner of Church and Davidson Streets 4 hours
No. 10 Northwest corner of Church and Davidson Streets 10 hours
No. 11 222 Church Avenue (between E and Davidson Streets) 10 hours
NPSC Norman Park Senior Center (between F and Center Streets) 2 hours
The City Engineer shall maintain within a register a Schedule XI listing the restrictions applicable to
these locations where parking meter zones have been established. (Ord. 3138 § 3, 2009; Ord. 2983 § 2,
2004; Ord. 2712 § 1, 1997; Ord. 2670, 1996; Ord. 2623 § 1, 1995; Ord. 2488 § 2, 1991; Ord. 2436 § 4, 1991; Ord.
973 § 1, 1966; prior code § 19.22.1).
10.56.050 Meter zones – Authorization for establishment.
The City Engineer is hereby authorized, subject to the adoption by the City Council of amendments
by ordinance to CVMC 10.56.040 and Schedule XI, to establish parking meter zones and the rate of
fees at other locations upon those streets or parts of streets where it is determined upon the basis of
an engineering and traffic investigation that the installation of parking meters shall be necessary to
aid in the regulation, control and inspection of the parking of vehicles. (Ord. 2670 § 1, 1996; Ord. 973 § 1,
1966; prior code § 19.17.1(B)).
10.56.060 Meters – Placement and removal of posts.
The City Engineer shall cause parking meter posts and appropriate parking control devices to be
installed and removed pursuant to this chapter in a parking meter zone. (Ord. 2670, 1996; Ord. 973 § 1,
1966; prior code § 19.17.1(C)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.56.070 Meters – Installation – Authority.
The City Finance Officer shall cause parking meters to be installed in accordance with the rate of
fees adopted by the City Council in a parking meter zone. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior
code § 19.17.1(D)).
10.56.080 Meters – Installation – Location.
Individual parking meters shall be installed upon the curb or sidewalk or area immediately adjacent
to each parking space in a parking meter zone. Each meter shall be placed in such manner as to
show or display by sign or signal that the parking space adjacent thereto is or is not legally in use.
Multi-space parking meters shall be located within the zone regulated and indicated by appropriate
parking control devices. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.2(A)).
10.56.090 Meters, individual – Display of time limit.
Each parking meter shall be set to display, after the operational procedure has been completed, a
sign or signal indicating legal parking for that period of time conforming to the limit of parking time or
portion thereof for which payment has been made for the zone in which said parking meter is
installed, and shall continue to operate from the time of the completion of the operational procedure
until the expiration of the time fixed as the parking limit or a portion thereof for the parking space for
which said meter is placed. Each parking meter shall also be arranged so that upon the expiration of
said legal parking time it will indicate by a mechanical operation and by proper signal that the lawful
parking period has expired. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code
§ 19.17.2(B)).
10.56.095 Meters, multi-space – Display of time limit.
A multi-space meter shall, after deposit of payment required, dispense a ticket on which the amount
of payment deposited, the applicable meter zone/lot for which the ticket is valid, and expiration date
and time of valid parking period will be displayed. (Ord. 3138 § 3, 2009).
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Chapter 10.56 CVMC, Parking Meters, Parking Meter Zones and Permit Parking Page 7 of 13
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.56.100 Meter zone – Manner of parking required.
When any vehicle is to be parked within a parking space regulated by a parking meter, the operator
of said vehicle shall park within the assigned area designated by marking lines indicating parallel,
diagonal, perpendicular, or other such manner of parking.
A. When a parking space regulated by a parking meter is parallel to an adjacent curb or sidewalk,
any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle
shall be alongside of the nearest parking meter.
B. When a parking space regulated by an individual parking meter is diagonal to a curb or sidewalk,
any vehicle parked in such parking space shall be parked with the foremost part of such vehicle
directly at and nearest to such meter.
C. When a parking space is regulated by a multi-space meter, any vehicle parked within such
parking space shall park in a manner such that the foremost part of the vehicle enters the space
prior to the remainder of the vehicle. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code
§ 19.17.3).
10.56.110 Meter – Driver operations required.
Upon parking a vehicle in a parking space regulated by a parking meter, the owner or operator of
such vehicle shall immediately make payment in the amount required by CVMC 10.56.020 for the
time limit or any fractional portion as may be authorized for the zone in which said parking meter is
installed.
A. For an individual parking meter, after the deposit of payment as required by this section, the
owner or operator of such vehicle shall turn any crank, knob, handle or other device or perform such
other actions as may be required in accordance with the instructions posted on the face of said
parking meter.
B. For a multi-space meter, the owner or operator of such vehicle shall select the time period that
the vehicle will remain parked in the parking space, make payment in the manner required in
accordance with the instructions on said parking meter, remove the ticket dispensed from the
parking meter, and place such ticket on the dashboard of said vehicle such that it is clearly visible
from the exterior of the vehicle. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code
§ 19.17.4(A)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.56.120 Meter zone – Parking unlawful when.
Said parking space may then be used by such vehicle during the legal parking limit or fractional part
thereof as may be authorized for the zone in which said parking meter is installed. Said vehicle shall
be unlawfully parked if it remains in said space:
A. When the owner or operator has not complied with the operational procedure described in
CVMC 10.56.110; or
B. Beyond the legal parking limit or fractional part thereof as indicated by a sign or signal displayed
by the individual parking meter; or
C. Beyond the legal parking limit or fractional part thereof as indicated on the ticket dispensed from
the multi-space parking meter. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code
§ 19.17.4(B)).
10.56.130 Parking meter – Overtime.
No person shall permit a vehicle to remain parked in any parking meter zone when the meter shows
the parking time has expired or the ticket dispensed by the multi-space meter shows the parking
time has expired. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966; prior code
§ 19.17.4(C)).
10.56.140 Parking meter – Extra time prohibited.
A. No person shall permit a vehicle to remain parked beyond the time limit established for any
parking meter zone in which the vehicle is parked.
B. No person shall deposit or cause to be deposited in a parking meter any payment for the
purpose of increasing or extending the time during which a vehicle is parked beyond the time limit
established for the parking meter zone in which the vehicle is parked. (Ord. 3138 § 3, 2009; Ord. 2670
§ 1, 1996; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966; prior code § 19.17.4(D)).
10.56.150 Parking meter – Time of operation.
Parking meters shall be operated in parking meter zones every day between the hours of 9:00 a.m.
and 6:00 p.m., except Sundays and holidays defined in CVMC 10.08.110. (Ord. 3138 § 3, 2009; Ord.
2670, 1996; Ord. 2436 § 5, 1991; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966; prior code § 19.17.4 (E)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.56.160 Parking meter – Tampering with.
It is unlawful and a violation of the provisions of this chapter for any unauthorized person to deface,
injure, tamper with, open or willfully break, destroy, or impair the usefulness of any parking meters
installed under the provisions of this chapter. (Ord. 2670 § 1, 1996; Ord. 1867 § 2, 1979; Ord. 973 § 1, 1966;
prior code § 19.17.5).
10.56.180 Meters – Improper use prohibited.
No person shall deposit or cause to be deposited in any parking meter any defaced, bent or
counterfeit coin, slug, coin other than those of the United States, device, or other material or
instrument as substitute for a coin of the United States, except parking meter tokens authorized by
the City. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.7).
10.56.190 Payment by unauthorized person prohibited.
No person, other than the owner or operator of a vehicle, or a member of the Police Department, as
authorized in CVMC 10.56.110 through 10.56.150, shall deposit payment in any parking meter
without the knowledge or consent of said owner or operator of the vehicle using the parking space
regulated by such meter. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.8).
10.56.200 Meters – Limitations on use for certain purposes.
No person other than an authorized employee of the City shall attach anything to a parking meter or
parking meter standard. No person shall allow a bicycle, newsrack or any other article or thing to
lean against a parking meter or a parking meter standard. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior
code § 19.17.9).
10.56.210 Rules of evidence – Parking in metered space deemed
unlawful when.
The parking or standing of any motor vehicle in a parking space, at which space the parking meter
displays the sign or signal indicating illegal parking, shall constitute a prima facie presumption that
the vehicle has been parked or allowed to stand in such space for a period longer than permitted by
this chapter. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.10(A)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.56.220 Rules of evidence – Vehicle deemed parked by owner when.
The parking or standing of any motor vehicle in a parking space which is controlled or regulated with
the aid of a parking meter shall constitute a prima facie presumption that the vehicle has been
parked or caused to be parked by the owner of such vehicle. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966;
prior code § 19.17.10(B)).
10.56.230 Rules of evidence – Parking in unmetered space deemed
owner’s responsibility.
The parking or standing of any motor vehicle in any parking space upon any street, alley or public
place or parking lot in the City shall constitute a prima facie presumption that the vehicle has been
parked or caused to be parked by the owner of such vehicle. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966;
prior code § 19.17.10(C)).
10.56.240 Meters – Collection of deposited coins.
The coins deposited in the parking meters shall be collected by duly authorized agents of the City
Finance Officer. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.17.11).
10.56.250 Meters – Purchase, lease and maintenance jurisdiction.
The purchasing, leasing, repairing and maintenance of parking meters; the placement and removal
of parking meters from parking meter posts; and the payment of any and all expenses relating or
incidental thereto shall be under the jurisdiction of the City Finance Officer. (Ord. 2670 § 1, 1996; Ord.
973 § 1, 1966; prior code § 19.17.12).
10.56.260 Meters – Use of moneys collected.
All moneys collected from parking meters in the City shall be placed in a special fund, which fund
shall be devoted exclusively to any or all of the following purposes:
A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating
and policing of parking meters in this City and for the payment of any and all expenses relating or
incidental thereto;
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off-street parking
facilities in the City;
C. For the installation and maintenance of traffic control devices and signals;
D. For the painting and marking of streets and curbs required for the direction of traffic and parking
of motor vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal and interest on off-street parking revenue
bonds issued by the City or any parking district organized within the City. (Ord. 2670 § 1, 1996; Ord. 973
§ 1, 1966; prior code § 19.17.13).
10.56.270 Permit parking – Established – Administration authority.
Notwithstanding any other provisions of this chapter, there is hereby established a system of permit
parking which the Finance Officer, or his designee, shall administer subject to the standards and
provisions set forth in CVMC 10.56.280 through 10.56.320. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord.
973 § 1, 1966; prior code § 19.17.14).
10.56.280 Permit parking – Form of permit – Authorized when.
In those parking meter zones and municipal parking lots approved by ordinance of the City Council,
described in CVMC 10.56.290 and listed in Schedule XII of the register maintained by the City
Engineer, a person may park any vehicle upon any public parking lots, designated by a 10-hour time
limit, owned or operated by the City, upon proper display of a valid and current parking permit, in lieu
of deposit of payment in the parking meter. (Ord. 3138 § 3, 2009; Ord. 2670, 1996; Ord. 2436 § 6, 1991; Ord.
2131 § 1, 1985; Ord. 973 § 1, 1966; prior code § 19.17.14(A)).
10.56.290 Permit parking – Areas designated – Schedule XII.
Pursuant to Vehicle Code Sections 22508 and 22519 and in accordance with CVMC 10.56.270 and
10.56.280, the following areas are also designated as permit parking areas wherein vehicles
displaying appropriate parking permits or tags shall be allowed to park in spaces so marked for up to
10 hours (all day).
Schedule XII
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Parking Zone Location
Public Parking Lots 1
to 10 (Parking Meter
Zones)
See CVMC
10.56.040 for
locations
(Ord. 3138 § 3, 2009; Ord. 2983 § 3, 2004; Ord. 2670, 1996; Ord. 2488 § 3, 1991; Ord. 2436 § 7, 1991; Ord. 2131
§ 1, 1985; Ord. 973 § 1, 1966; prior code § 19.22.1).
10.56.300 Permits or tags – Cost – Period of validity – Prorating
permitted when.
For the required fee(s), said parking permits shall be sold to cover a calendar quarter of three
months’ duration. Said permits may be obtained at the City Finance Office or other designated
location. Applicants must be merchants or employees of merchants owning or operating businesses
within the downtown business area or City officers on behalf of City employees assigned to Norman
Park Center. Applicants may request a proration of the quarterly fee if they are purchasing a permit
for the balance of the calendar quarter, and such proration shall be made at the sole discretion of the
Finance Officer or his designee. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 2506 § 1, 1992; Ord. 2488 § 4,
1991; Ord. 2436 § 8, 1991; Ord. 2131 § 1, 1985; Ord. 973 § 1, 1966; prior code § 19.17.14(B)).
10.56.310 Permits or tags – Sale procedure – Display of permit.
The Finance Officer, or his designee, shall establish the necessary procedure for the sale of such
permits, and shall obtain the necessary permits which when displayed from the interior of a vehicle
shall be clearly visible from the exterior of the vehicle. (Ord. 3138 § 3, 2009; Ord. 2670 § 1, 1996; Ord. 2436
§ 9, 1991; Ord. 973 § 1, 1966; prior code § 19.17.14(C)).
10.56.320 Permits or tags – Issuance and use.
Such permits or tags shall be issued to the person applying therefor, and may be used on any
vehicle owned by the permittee displaying such permit, decal, or tag. (Ord. 2670 § 1, 1996; Ord. 2436
§ 10, 1991; Ord. 973 § 1, 1966; prior code § 19.17.14(D)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.chulavistaca.gov
To be notified when additions, amendments, or revisions are made to the code, send your e-mail
address to (be sure to add "Chula Vista Municipal Code" in the subject line) cpc@generalcode.com.
Hosted by General Code.
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Chapter 10.52 CVMC, Stopping, Standing and Parking Page 1 of 20
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Chapter 10.52
STOPPING, STANDING AND PARKING*
Sections:
10.52.010 Stopping, standing or parking – Applicability of provisions.
10.52.020 Stopping, standing or parking – Scope of provisions.
10.52.030 Special stops required – Schedule II – Through streets and stop intersections.
10.52.040 Stopping, standing or parking – Within or on parkways – Prohibited.
10.52.050 No stopping zones and no parking areas – Authorized.
10.52.060 No stopping zones and no parking areas – Driver obedience required.
10.52.070 No parking areas – Designated.
10.52.080 No parking areas – Near fire hydrants or fire stations.
10.52.090 Commercial vehicles – Parking in residential districts prohibited when.
10.52.100 Storage of vehicles or camper bodies on streets prohibited – Time limit.
10.52.110 Parking for advertising or demonstration purposes prohibited when.
10.52.120 Repairing or greasing of vehicles prohibited where.
10.52.130 Washing or polishing of vehicles prohibited when.
10.52.140 No parking areas – Property adjacent to schools – Authorized when.
10.52.150 No parking areas – Property adjacent to schools – Driver obedience required.
10.52.160 No parking areas – Alleys – Exceptions permitted when.
10.52.170 No parking areas – Narrow streets – Authorized when.
10.52.180 No parking areas – Narrow streets – Driver obedience required.
10.52.190 Parking on grades – Wheels to be blocked when.
10.52.200 Peddlers and vendors – Parking permitted when – Time limit.
10.52.210 Repealed.
10.52.220 Emergency parking – Authorized when – Procedure.
10.52.230 Emergency parking – Driver obedience required.
10.52.240 Repealed.
10.52.250 Standing or parking – Applicability of provisions.
10.52.260 Parking – Scope of provisions.
10.52.270 Parking prohibited at all times on certain streets – Driver obedience required.
10.52.280 Repealed.
10.52.290 Parking – Prohibited during certain hours on certain streets – Driver obedience
required.
10.52.300 Repealed.
10.52.310 Stopping, standing or parking – Prohibited during certain hours on certain streets –
Driver obedience required.
10.52.320 Repealed.
10.52.330 Parking – Time limited on certain streets – Driver obedience required.
10.52.340 Repealed.
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.350 Parallel parking – Permitted on one-way streets – Generally.
10.52.360 Parallel parking – Prohibited on one-way roadways when.
10.52.370 Repealed.
10.52.380 Parallel parking – Exception for certain commercial vehicles.
10.52.390 Diagonal parking – Required when – Procedure.
10.52.400 Repealed.
10.52.410 Diagonal parking – Applicability of provisions – Exceptions.
10.52.420 Motorcycles – Parallel parking permitted when.
10.52.430 Motorcycles – Diagonal parking permitted when.
10.52.440 Motorcycles – Applicability of provisions – Exceptions.
10.52.450 Parking – Prohibited during certain hours of certain days on certain streets for the
purpose of street sweeping – Driver obedience required.
10.52.460 Repealed.
10.52.465 Parking vehicles listed for sale on public streets.
10.52.470 Parking – Scope of restrictions.
10.52.480 Municipal parking lots – Designated – Manner of parking required – Schedule XV.
10.52.482 Overnight parking prohibited in City-owned parking lots.
10.52.485 Municipal parking lots – Sleeping or camping prohibited.
10.52.490 Prohibitions regarding parking of overheight vehicles – Schedule IX.
10.52.495 Parking of recreational vehicles prohibited on City streets except by permit.
* For statutory provisions regarding the proper location for the erection of stop signs, see Veh. Code § 21355; local
authorities authorized to prohibit or restrict the parking or standing of vehicles on certain streets during all or a
portion of the day, see Veh. Code § 22507; prohibition of all-night parking, see Veh. Code § 22507.5; impounding of
cars left parked for 72 consecutive hours or more, see Veh. Code § 22652.
CROSS REFERENCES: Loading Zones, see Ch. 10.60 CVMC. Abandoned Vehicles, see Ch. 10.80 CVMC. Off-
Street Parking and Loading, see Ch. 19.62 CVMC. Bicycles, see Ch. 10.72 CVMC.
10.52.010 Stopping, standing or parking – Applicability of provisions.
The provisions of this chapter prohibiting the stopping, standing or parking of a vehicle shall apply at
all times or at those times herein specified, except when it is necessary to stop a vehicle to avoid
conflict with other traffic or in compliance with the directions of a police officer or official traffic control
device. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code § 19.10.1(A)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.020 Stopping, standing or parking – Scope of provisions.
The provisions of this chapter imposing a time limit on standing or parking shall not relieve any
person from the duty to observe other and more restrictive provisions of the Vehicle Code or
regulations prohibiting or limiting the standing or parking of vehicles in specified places or at
specified times. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.1(B)).
10.52.030 Special stops required – Schedule II – Through streets and
stop intersections.
In accordance with CVMC 10.32.010 and 10.32.020, pursuant to regulations and when appropriate
traffic control devices have been erected giving notice of special stops, drivers of vehicles shall stop
at every intersection before entering any of the streets or portions of streets, or one or more
entrances to the intersections listed in Schedule II of the register maintained by the City Engineer.
(Ord. 2670, 1996; Res. 17646, 1994; Res. 17418, 1994; Res. 17335, 1993; Res. 17334, 1993; Res. 17212, 1993;
Res. 16586, 1992; Res. 16192, 1991; Ord. 973 § 1, 1966; prior code § 19.22.1).
10.52.040 Stopping, standing or parking – Within or on parkways –
Prohibited.
No person shall stop, stand, park or place a vehicle, boat, trailer, camper or any other property within
any parkway. (Ord. 2670 § 1, 1996; Ord. 2176 § 1, 1986; Ord. 973 § 1, 1966; prior code § 19.10.2).
10.52.050 No stopping zones and no parking areas – Authorized.
The City Engineer is authorized to maintain, by appropriate parking control devices, or by paint upon
the curb surface, all no stopping zones, no parking areas, and restricted parking areas, as defined
and described in this chapter. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.3(A)).
10.52.060 No stopping zones and no parking areas – Driver obedience
required.
When curb markings or parking control devices are in place, no operator of any vehicle shall stop,
stand or park such vehicle adjacent to any such legible curb marking or parking control device in
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
violation of any of the provisions of this chapter. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code
§ 19.10.3(B)).
10.52.070 No parking areas – Designated.
A. No operator of any vehicle shall stop, stand, park or leave standing such vehicle in any of the
following places, except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or other authorized officer, traffic sign or signal:
1. In any area established by regulation as a no parking area, where such area is indicated by
official parking control devices or red paint on the curb;
2. On a sidewalk;
3. Within an intersection;
4. Within a crosswalk;
5. Alongside or opposite any street excavation or obstruction when such standing, stopping or
parking would obstruct traffic;
6. On the roadway side of any vehicle stopped or parked at the edge or curb of the street;
7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel;
8. Upon, along or across any railroad track in such manner as to hinder, delay or obstruct the
movement of any car traveling upon such track;
9. Within any divisional island unless authorized and clearly indicated with appropriate signs
and markings;
10. In front of a public or private driveway or within eight feet of the end of the curb radius
leading thereto;
11. Within 20 feet of a crosswalk at an intersection;
12. Within 20 feet of the end of the curb radii at an intersection;
13. Within 30 feet of the approach to any flashing signal, stop sign or traffic control signal
located at the side of the roadway;
14. Within three feet of or in front of that portion of a curb which has been cut down, lowered,
or constructed to provide wheelchair accessibility to the sidewalk;
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
15. Within any of those places delineated by Section 22500 of the Vehicle Code.
B. No person shall move a vehicle not lawfully under his control into any such prohibited area or
more than 18 inches away from a curb.
C. For the purpose of minimizing traffic hazards and traffic congestion, the City Engineer is
authorized to establish no parking or stopping zones. The length of these zones is not to exceed 200
feet.
D. Any vehicle parked in violation of any of the foregoing sections may be towed or otherwise
removed at the owner’s expense if a sign is posted giving notice of the removal. The City Engineer is
authorized to post signs giving notice of removal, where necessary.
E. Enforcement Policy. When in the judgment of the traffic officer it is reasonable and practical to
do so, the owner, driver, or other responsible party shall be requested to move the car prior to being
towed, but not prior to being ticketed. (Ord. 2670, 1996; Ord. 2627 § 1, 1995; Ord. 973 § 1, 1966; prior code
§ 19.10.4).
10.52.080 No parking areas – Near fire hydrants or fire stations.
It is unlawful for any person to park a vehicle within 15 feet of any fire hydrant or entrance to a fire
station within the City, except as otherwise indicated by a parking control device. (Ord. 2670, 1996; prior
code § 14.11).
10.52.090 Commercial vehicles – Parking in residential districts
prohibited when.
A. No person shall park any commercial vehicle as defined in subsection (B) of this section having
a manufacturer’s gross vehicle weight rating of 10,000 pounds or more in any residential district
(which includes parking on private property), except:
1. While actually loading or unloading property; or
2. While such vehicle is parked in the actual performance of a service to property in the block
in which such vehicle is parked.
B. For the purposes of this section, certain terms shall be defined as follows:
1. “Commercial vehicle” shall mean single vehicles whose primary use is for commercial
purposes and having more than two axles or combination of vehicles having more than two
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
axles; a single vehicle or combination of vehicles 20 feet or more in length; or a single vehicle or
combination of vehicles six feet, eight inches or more in width, and shall include, but shall not be
limited to, dump trucks, moving vans, tractors, pole, or pipe dollies.
2. “Residential district” shall mean any block in which over 50 percent of the ground level
buildings fronting on said block are residential dwellings. Said dwellings may be single-unit
structures or multiunit structures. (Ord. 2670, 1996; Ord. 2190 § 1, 1987; Ord. 2176 § 2, 1986; Ord. 2024
§ 1, 1983; Ord. 973 § 1, 1966; prior code § 19.10.5).
10.52.100 Storage of vehicles or camper bodies on streets prohibited –
Time limit.
A. No camper body which has been detached from a motor vehicle shall be left standing on a City
street at any time.
B. No person who owns or has possession, custody or control of any vehicle shall park such
vehicle upon any street or alley for more than a consecutive period of 72 hours.
C. Vehicles or camper bodies parked in violation of this section may be removed and impounded
as authorized by CVMC 10.80.120 and Vehicle Code Section 22651. (Ord. 2670, 1996; Ord. 2033 § 1,
1983; Ord. 973 § 1, 1966; prior code § 19.10.6).
10.52.110 Parking for advertising or demonstration purposes prohibited
when.
No vehicle displaying advertising matter for the primary purpose of commercial advertising, as
prohibited by CVMC 5.08.030 through 5.08.060, shall park upon any residential street or public
parking area in this City. This prohibition shall not apply to a vehicle being offered for sale. (Ord. 3138
§ 2, 2009; Ord. 2946 § 1, 2004; Ord. 2670 § 1, 1996; Ord. 2255 § 1, 1988; Ord. 973 § 1, 1966; prior code § 19.10.7).
10.52.120 Repairing or greasing of vehicles prohibited where.
No person shall build or cause to be built, rebuild or cause to be rebuilt, grease or cause to be
greased, or perform any maintenance including changing of oil or flushing radiators on any vehicle or
any part thereof upon any public street or public parking area in the City. Except for temporary
emergency repairs, no person shall repair or cause to be repaired any vehicle upon a public street.
(Ord. 3138 § 2, 2009; Ord. 2670, 1996; Ord. 1744 § 1, 1977; Ord. 973 § 1, 1966; prior code § 19.10.8).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.130 Washing or polishing of vehicles prohibited when.
No person shall wash or cause to be washed, or polish or cause to be polished, any vehicle or any
part thereof upon any public street or public parking area in the City when a charge is made for such
service. (Ord. 3138 § 2, 2009; Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.9).
10.52.140 No parking areas – Property adjacent to schools – Authorized
when.
The City Engineer is hereby authorized to erect signs indicating no parking upon that side of any
street adjacent to any school property, when such parking would interfere with traffic or create a
hazardous situation. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.10(A)).
10.52.150 No parking areas – Property adjacent to schools – Driver
obedience required.
When official signs are erected prohibiting parking upon that side of a street adjacent to any school
property, no person shall park a vehicle in any such designated place. (Ord. 2670 § 1, 1996; Ord. 973
§ 1, 1966; prior code § 19.10.10(B)).
10.52.160 No parking areas – Alleys – Exceptions permitted when.
No person shall stop, stand or park any vehicle in any alley within the City except for the purpose of
expeditiously loading or unloading passengers or materials, or when a service is being performed to
or on property abutting such alley, which requires the immediate and necessary presence of a
vehicle during the time such service is actually being performed. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966;
prior code § 19.10.12).
10.52.170 No parking areas – Narrow streets – Authorized when.
The City Engineer is authorized to place parking control devices or markings indicating no parking
upon any street when the width of the roadway does not exceed 25 feet, or upon one side of a street
as indicated by such signs or markings when the width of the roadway does not exceed 30 feet. (Ord.
2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.13(A)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.180 No parking areas – Narrow streets – Driver obedience
required.
When official parking control devices or markings prohibiting parking are erected upon narrow
streets, as authorized herein, no person shall park a vehicle upon any such street in violation of any
such parking control device or marking. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.13(B)).
10.52.190 Parking on grades – Wheels to be blocked when.
No person shall park or leave standing any vehicle unattended on a highway when upon any grade
exceeding three percent without blocking the wheels of said vehicle by turning them against the curb
or by other means which prevents the vehicle from rolling. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code
§ 19.10.14).
10.52.200 Peddlers and vendors – Parking permitted when – Time limit.
Except as otherwise provided in this chapter, no person shall stand or park any vehicle, wagon or
pushcart from which goods, wares, merchandise, fruits, vegetables, meats, seafood, or foodstuffs
are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or
eating car or vehicle, on any portion of any street within the City, except that such vehicles, wagons
or pushcarts may stand or park only at the request of a bona fide purchaser for a period of time not
to exceed 10 minutes at any one place. The provisions of this section shall not apply to persons
delivering such articles upon order of, or by agreement with, a customer from a store or other fixed
place of business or distribution, or a mobile food facility as defined in CVMC 19.58.440. (Ord. 3432
§ 4, 2018; Ord. 973 § 1, 1966; prior code § 19.10.15(A)).
10.52.210 Peddlers and vendors – Parking and standing prohibited.
Repealed by Ord. 2670, 1996. 10.52.220 Emergency parking – Authorized when –
Procedure.
Whenever the City Engineer determines that an emergency is likely to result from traffic congestion
caused by the holding of public or private assemblages, gatherings, or functions, or for other
reasons, the City Engineer shall order temporary signs to be erected or posted indicating that the
operation, parking or standing of vehicles is prohibited on such streets and alleys, as the City
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Engineer shall direct during the time such temporary signs are in place. Such signs shall remain in
place only during the existence of such emergency and the City Engineer shall cause such signs to
be removed promptly thereafter. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.16(A)).
10.52.230 Emergency parking – Driver obedience required.
When parking control devices authorized by the provisions of this section are in place giving notice
thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions
of the parking control device. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.10.16(B)).
10.52.240 Commercial vehicles – Display of warning devices required
when.
Repealed by Ord. 2670, 1996. 10.52.250 Standing or parking – Applicability of
provisions.
The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times
or at those times herein specified or as indicated on official parking control devices, except when it is
necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a
police officer or other official traffic control device. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code
§ 19.11.1).
10.52.260 Parking – Scope of provisions.
The provisions of this chapter imposing a time limit on parking shall not relieve any person from the
duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or
parking of vehicles in specified places or at specified times. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior
code § 19.11.2).
10.52.270 Parking prohibited at all times on certain streets – Driver
obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle at
any time upon any street upon which a parking control device prohibiting such parking has been
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
installed by the City Engineer by regulation adopted pursuant to CVMC 10.04.030. The City
Engineer shall maintain within a register a Schedule III which lists the streets or portions thereof
upon which the prohibitions of this section are in effect. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code
§ 19.11.3).
10.52.280 Parking – Prohibited at all times on certain streets – Schedule
III.
Repealed by Ord. 2670, 1996. 10.52.290 Parking – Prohibited during certain
hours on certain streets – Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle
between the hours specified of any day upon any street upon which a parking control device
prohibiting or regulating such parking has been installed by the City Engineer by regulation adopted
pursuant to CVMC 10.04.030. The City Engineer shall maintain within a register a Schedule IV which
lists the streets or portions thereof upon which the restrictions and prohibitions within this section are
in effect. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.11.4).
10.52.300 Parking – Prohibited during certain hours on certain streets –
Schedule IV.
Repealed by Ord. 2670, 1996. 10.52.310 Stopping, standing or parking –
Prohibited during certain hours on certain streets – Driver
obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to stop, stand or park
a vehicle between the hours specified of any day upon any of the streets or portions of a street upon
which a parking control device regulating such parking has been installed by the City Engineer by
regulation adopted pursuant to CVMC 10.04.030. The City Engineer shall maintain within a register
a Schedule V which lists the streets or portions thereof upon which the restrictions and prohibitions
of this section are in effect. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.11.5).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.320 Stopping, standing, or parking – Prohibited during certain
hours on certain streets – Schedule V.
Repealed by Ord. 2670, 1996. 10.52.330 Parking – Time limited on certain
streets – Driver obedience required.
Except upon Sundays and holidays specified in CVMC 10.08.110, it is unlawful to park a vehicle for
longer than the time specified upon a parking control device regulating such parking on any street
upon which such a parking control device regulating such parking has been installed by the City
Engineer by regulation adopted pursuant to CVMC 10.04.030, except in accordance with the
directions of the parking control device. The City Engineer shall maintain within a register a
Schedule VI which lists the streets or portions thereof upon which the restrictions and prohibitions of
this section are in effect. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.11.6).
10.52.340 Parking – Time limited on certain streets – Schedule VI.
Repealed by Ord. 2670, 1996. 10.52.350 Parallel parking – Permitted on one-way
streets – Generally.
Subject to other and more restrictive limitations, a vehicle may be stopped or parked within 18
inches of the left-hand curb facing in the direction of traffic movement upon any one-way street,
unless parking control devices are in place prohibiting such stopping or standing. (Ord. 2670, 1996;
Ord. 973 § 1, 1966; prior code § 19.11.7(A)).
10.52.360 Parallel parking – Prohibited on one-way roadways when.
In the event a highway includes two or more separate roadways and traffic is restricted to one
direction upon any such roadway, no person shall stand or park a vehicle upon the left side of such
one-way roadway unless signs are in place permitting such standing or parking. (Ord. 2670, 1996; Ord.
973 § 1, 1966; prior code § 19.11.7(B)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.370 Parallel parking – On one-way streets and roadways –
Determination authority.
Repealed by Ord. 2670, 1996. 10.52.380 Parallel parking – Exception for certain
commercial vehicles.
The requirement of parallel parking imposed by CVMC 10.52.350 through 10.52.380 shall not apply
to any commercial vehicle actually engaged in the process of loading or unloading freight or goods,
in which case such vehicle may be backed up to the curb; provided, that such vehicle does not
extend beyond the center line of the street and does not block traffic thereby. (Ord. 2670 § 1, 1996; Ord.
973 § 1, 1966; prior code § 19.11.7(D)).
10.52.390 Diagonal parking – Required when – Procedure.
It is unlawful at any time to park a vehicle upon any street or portion thereof designated as a
diagonal parking zone, upon which a parking control device regulating such parking has been
installed by the City Engineer by regulation adopted pursuant to CVMC 10.04.030, except as follows:
The vehicle shall be parked at an angle to the curb specified by the parking control device, and
entirely within the limits of the allotted space, with the front wheel nearest the curb not more than six
inches from the curb. The City Engineer shall maintain within a register a Schedule VIII which lists
the streets or portions thereof upon which the restrictions and prohibitions of this section are in
effect. (Ord. 2670, 1996; Ord. 973 § 1, 1966; prior code § 19.11.8(A)).
10.52.400 Diagonal parking – Permitted where – Schedule VIII.
Repealed by Ord. 2670, 1996. 10.52.410 Diagonal parking – Applicability of
provisions – Exceptions.
The provisions of CVMC 10.52.390 shall not apply to a vehicle actually engaged in the process of
loading or unloading passengers, freight or goods, in which event the provisions applicable in CVMC
10.52.350 through 10.52.380 shall be complied with. (Ord. 2670 § 1, 1996; Ord. 973 § 1, 1966; prior code
§ 19.11.8(B)).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.420 Motorcycles – Parallel parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle parallel to the curb as
defined in this chapter in any space designated by pavement markings or indicated by meters,
unless said motorcycle is parked entirely within the limits of the allotted space and at least one wheel
or fender is touching the right-hand curb. Where no curb or barriers bound any roadway, right-hand
parallel parking is required unless otherwise indicated; provided further, that no more than one
vehicle of any type may be parked within any allotted parking space. (Ord. 2670 § 1, 1996; Ord. 1595 § 1,
1974; Ord. 1201 § 1; prior code § 19.11.9(1)).
10.52.430 Motorcycles – Diagonal parking permitted when.
It is unlawful for the operator of any motorcycle to park said motorcycle except at the angle to the
curb indicated by parking control devices or pavement markings allotting space to parked vehicles,
and entirely within the limits of said allotted space, with the front or rear wheel of said vehicle within
18 inches of the curb; provided further, that no more than one vehicle of any type may be parked
within such allotted space. (Ord. 2670, 1996; Ord. 1595 § 1, 1974; Ord. 1201 § 1; prior code § 19.11.9(2)).
10.52.440 Motorcycles – Applicability of provisions – Exceptions.
The provisions of CVMC 10.52.420 and 10.52.430 shall not apply to a vehicle actually engaged in
the process of loading or unloading passengers, freight or goods, in which event the provisions
applicable in CVMC 10.52.350 through 10.52.380 shall be complied with. (Ord. 2670, 1996; Ord. 1595
§ 1, 1974; Ord. 1201 § 1; prior code § 19.11.9(3)).
10.52.450 Parking – Prohibited during certain hours of certain days on
certain streets for the purpose of street sweeping – Driver
obedience required.
It is unlawful to park a vehicle on any street during the times specified for street cleaning upon which
a parking control device regulating and prohibiting such parking has been installed on each block of
that street in its entirety by the City Engineer, restricting parking between certain hours on certain
days of the week by regulation adopted pursuant to CVMC 10.04.030. The City Engineer shall
maintain within a register a Schedule XIV which lists the streets upon which the restrictions and
prohibitions concerning street sweeping regulations are in effect. (Ord. 2670, 1996; Ord. 2261 § 2, 1988).
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
10.52.460 Parking – Prohibited during certain hours of certain days on
certain streets for the purpose of street sweeping.
Repealed by Ord. 2670, 1996. 10.52.465 Parking vehicles listed for sale on public
streets.
It is unlawful for any person to park a vehicle that visibly contains a “for sale” sign on it that offers the
vehicle for sale where there are signs posted forbidding this activity. (Ord. 3176 § 1, 2010).
10.52.470 Parking – Scope of restrictions.
No section of this chapter shall be construed as permitting any parking in violation of any other
provisions of this title. (Ord. 2670 § 1, 1996; Ord. 2261 § 1, 1988; Ord. 973 § 1, 1966; prior code § 19.17.15).
10.52.480 Municipal parking lots – Designated – Manner of parking
required – Schedule XV.
Pursuant to Vehicle Code Section 22519, the following areas are designated as off-street public
parking lots owned or operated by the City. It is unlawful for any vehicle to park in a municipal
parking lot except in accordance with the angle to the curb indicated by signs or pavement markings
allotting space to parked vehicles and entirely within the limits of said allotted space, with the front
wheel nearest the curb and within six inches of said curb or other stop, and in accordance with the
time limits indicated on signs erected in the area by the City Engineer pursuant to regulation adopted
under CVMC 10.04.030. The City Engineer shall maintain within a register a Schedule XV listing the
restrictions applicable to these locations.
Designated
Parking
Lot
Location
No. 1 Near southwest corner of
Landis and E Streets
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The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Designated
Parking
Lot
Location
No. 2 Northeast corner of Landis and
Davidson Streets
No. 3 200 block of Landis (North of F
Street)
No. 4 340 F Street (Near southwest
corner of E Street)
No. 5 Near southeast corner of Third
and Madrona
No. 6 Northwest corner of Church
and Madrona Streets
No. 7 Southwest corner of Church
and Center Streets
No. 8 281 – 287 Church Avenue
(between Church and Del Mar
Streets)
No. 9 Southwest corner of Church
and Davidson Streets
No. 10 Northwest corner of Church
and Davidson Streets
No. 11 222 Church Avenue (between
E and Davidson Streets)
Page 313 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Chapter 10.52 CVMC, Stopping, Standing and Parking Page 16 of 20
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Designated
Parking
Lot
Location
NPSC Norman Park Senior Center
(between F and Center
Streets)
City Hall
Employee
Lots
West of Fourth Street, south of
Davidson, east of Fig Street.
North of F Street west of Fire
Station No. 1.
City Hall
Visitor Lot
North side of F Street, between
Building 200 and Fire Station
No. 1.
Chula Vista
Community
Park Lot
South of Chula Vista
Community Park and west of
Eastlake Parkway
City
Employee
Lot
West of Maxwell Road and
north of Main Street at the
John Lippit Public Works
Center
Ken Lee
Lot
West of Fourth Avenue and
south of F Street
Police
Department
Parking
Structure
East of Fourth Avenue and
south of F Street
The City Engineer has the ability, once signage is posted, to designate specific parking spots in the
above lots as visitor parking, car share parking, electric vehicle parking, disabled person and/or
employee parking. The City Council hereby delegates to the City Engineer the ability to change the
parking spot designations within the above lots, including but not limited to establishing metered
Page 314 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Chapter 10.52 CVMC, Stopping, Standing and Parking Page 17 of 20
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
parking, without having to seek Council approval beforehand. The designations of any specific
parking spot or parking area will not be enforceable until signage is posted. Parking that is in
violation of the posted signs is illegal and will be ticketed pursuant to CVMC 10.62.010 through
10.62.030. (Ord. 3267 § 1, 2013; Ord. 3138 § 2, 2009; Ord. 2983 § 1, 2004; Ord. 2670, 1996; Ord. 2488 § 1, 1991;
Ord. 2436 § 1, 1991).
10.52.482 Overnight parking prohibited in City-owned parking lots.
It is illegal for any automobile, motorcycle or other self-driven vehicle to be parked overnight at any
City-owned parking lot, including but not limited to municipal lots and parking lots adjacent to City
parks, where so stated by signage, except where permitted by the City Engineer. Parking tickets will
be issued pursuant to CVMC 10.62.010 through 10.62.030. (Ord. 3267 § 1.A, 2013).
10.52.485 Municipal parking lots – Sleeping or camping prohibited.
A. No person shall sleep or camp in a vehicle on the grounds of any City-owned, leased, or
operated parking lot listed in CVMC 10.52.480. Signs expressing this parking restriction and the
City’s right to remove or impound an offending vehicle shall be posted at each entrance of a parking
lot by the City Engineer.
B. For purposes of this section, “to camp” shall be defined as establishing or maintaining a
temporary, including overnight, place for sleeping, which includes, but is not limited to, the use, or
storage for use, of sleeping bags, bedding materials, blankets, sheets, or other nonclothing items
utilized or available for use to maintain warmth and comfort for sleep in a vehicle.
C. Vehicles in violation of this section may be removed and impounded as authorized by CVMC
10.80.120 and California Vehicle Code Section 22651. (Ord. 2923 § 1, 2003).
10.52.490 Prohibitions regarding parking of overheight vehicles –
Schedule IX.
A. It is unlawful to park an overheight vehicle, as defined in subsection (D) of this section, upon any
street or portion thereof upon which a parking control device regulating the parking of overheight
vehicles has been installed by the City Engineer pursuant to regulation adopted under CVMC
10.04.030 and subsection (B) of this section. The City Engineer shall maintain within a register a
Schedule IX which lists the streets or portions thereof upon which the restrictions and prohibitions of
this section are in effect.
Page 315 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Chapter 10.52 CVMC, Stopping, Standing and Parking Page 18 of 20
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
B. Pursuant to California Vehicle Code Sections 22507 and 21360, the City Engineer may establish
by regulation those locations where parking of overheight vehicles is to be restricted based upon the
sight obstruction posed by an overheight vehicle to vehicles entering the roadway from an
intersection. Parking restrictions shall be limited to a maximum distance of 100 feet from the point of
curb return of the intersection along the roadway.
C. As used in this CVMC 10.52.490, the term “intersection” shall include, in addition to the meaning
prescribed by the California Vehicle Code Section 365, an intersection with a roadway of a major
use driveway from a multifamily residential facility or shopping or business center, or any similar use
which generates a traffic flow at least equal to that encountered at the intersection of a minor street
with the affected roadway.
D. As used in subsection (A) of this section, the term “overheight vehicle” means any vehicle with a
height of six feet or more at any point, including the load, cab or body, when measured from the
roadway.
E. The City Engineer may prescribe procedures for full cost recovery of the installation of parking
control devices at intersections from private property. (Ord. 2670, 1996).
10.52.495 Parking of recreational vehicles prohibited on City streets
except by permit.
A. No person shall park any recreational vehicle, whether motorized or not, whether attached to a
motorized vehicle or not, at any time upon any highway, street, alley, public way or public place,
except as otherwise allowed, in the City of Chula Vista except:
1. When the registered owner or lessor of a recreational vehicle is in possession of a valid City
permit;
2. While in the process of actively loading or unloading;
3. When such vehicle or trailer is disabled in such a manner and to such an extent that it is
impossible to avoid stopping and temporarily parking such vehicle or trailer.
B. For the purposes of this section, “recreational vehicle” shall include, but is not limited to, the
following:
1. Camp trailers (California Vehicle Code Section 242);
2. Fifth-wheel travel trailers (California Vehicle Code Section 324);
3. House cars (California Vehicle Code Section 362);
Page 316 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Chapter 10.52 CVMC, Stopping, Standing and Parking Page 19 of 20
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
4. Trailer coaches (California Vehicle Code Section 635);
5. Mobilehomes (California Vehicle Code Section 396);
6. Boats and/or trailers, including jet skis and/or jet ski trailers;
7. Dune buggies and off-road or all-terrain vehicles and/or trailers;
8. Trailers used for the transportation of equipment, vehicles or animals;
9. Recreational vehicles (California Health and Safety Code Section 18010);
10. Folding camper trailers;
11. Any other motorized or towed vehicle designed, maintained or used primarily for
recreational purposes.
C. The City Manager has authority to adopt procedural rules and regulations governing the permit
process and to issue a parking permit for the parking of a recreational vehicle on a public street or
public place to any Chula Vista resident, for the resident’s use or for the use of a resident’s guest, if
(1) a written application is made to the City Manager including the address of the resident; and (2)
the appropriate fees as described below are paid.
1. A permit will be issued upon payment of a fee and will be available for purchase at City
facilities designated by the City Manager, or may be available through the City’s website, if
determined feasible by the City Manager. The permit fee shall be as set forth in the Master Fee
Schedule of the City adopted by resolution of the City Council. The City Manager shall from time
to time recommend such fees to the Council that reflect an amount to equal but not to exceed
the reasonable costs of administration of the program and sign installation and maintenance.
2. The permit shall state the address of the resident and the permit shall be valid only within
the same block of the resident’s address, or upon a street adjacent to the resident’s address, on
either side of the street.
3. The permit shall be displayed on the recreational vehicle in a manner determined by the City
Manager.
4. The duration of the permit shall not exceed 24 hours.
5. No more than three consecutive permits may be issued to any one address for any 72-hour
period.
6. No more than 72 permits may be issued relating to any one address in any one calendar
year.
Page 317 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Chapter 10.52 CVMC, Stopping, Standing and Parking Page 20 of 20
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
7. Proof of residency or tenancy and proof of recreational vehicle ownership or recreational
vehicle use or control shall be demonstrated in a manner determined by the City Manager.
8. The permitted recreational vehicle shall be subject to all applicable parking restrictions in the
Chula Vista Municipal Code and the California Vehicle Code.
D. A violation of any provision of this section is an infraction and punishable with a court citation
and a minimum $100.00 fine, pursuant to CVMC 1.20.010(B).
E. As an alternative to subsection (D) of this section, at the sole discretion of the City Manager, a
violation of any provision of this section may be punishable with an administrative citation pursuant
to CVMC 1.41.100. (Ord. 3358 § 1, 2015).
The Chula Vista Municipal Code is current through Ordinance 3575, passed June 25, 2024.
Disclaimer: The City Clerk’s Office has the official version of the Chula Vista Municipal Code. Users
should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited
above.
City Website: www.chulavistaca.gov
To be notified when additions, amendments, or revisions are made to the code, send your e-mail
address to (be sure to add "Chula Vista Municipal Code" in the subject line) cpc@generalcode.com.
Hosted by General Code.
Page 318 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
MASTER FEE SCHEDULE FEE BULLETIN
Chapter 13 – Parking Fees
13-100 General Parking Fees
City of Chula Vista Parking Administrator
276 Fourth Avenue, Chula Vista, CA 91910 April 2016November
2024
City of Chula Vista www.chulavistaca.gov 619.476.5360
PARKING METER RATES
The following rates for use of parking meters are established. All rates apply up to the maximum time limit
established for the zone in which the meter is located (detailed in the Parking Meter Zones section below).
Thirty (30) Minute Meters,
per 30 minute interval ................................... $0.25
Two (2) and Four (4) Hour Meters,
per 30 minute interval ................................... $0.25
Two (2) and Four (4) Hour Meters,
per one-hour interval ................................. $0.7550
Ten (10) Hour Meters,
per one-hour interval ................................. $0.5025
PARKING METER ZONES
Pursuant to Vehicle Code Chapter 22508 and the Chula Vista Municipal Code, the City’s parking meter rates
are established for the following public streets and public parking lots.
1. Public Streets
STREET BEGINNING AT ENDING AT SIDE DURATION
Center Street Third Avenue Del Mar Avenue N/S 21 hours
Church Avenue F Street E Street E/W 2 hours
Church Avenue Center Street Madrona Street E/W 2 hours
Del Mar Avenue F Street Center Street East 2 hours
E Street Garrett Avenue 100 ft. E/E curbline of Landis
Avenue
N/S 2 hours
F Street Garrett Avenue Del Mar Avenue North 2 hours
F Street Third Avenue 125 ft. E/E curbline of Third
Avenue
South 2 hours
G Street 100 ft. W/W curbline of Third
Avenue
100 ft. E/E curbline of Church
Avenue
N/S 2 hours
Garrett Avenue 125 ft. S/S curbline of E Street 150 ft. N/N curbline of E Street East 2 hours
Landis Avenue F Street 300 ft. N/N curbline of E Street East 2 hours
Landis Avenue F Street 170 ft. N/N curbline of E Street West 2 hours
Madrona Street Third Avenue 125 ft. E/E curbline of Third
Avenue
N/S 2 hours
Park Way 125 ft. W/W curbline of Third
Avenue
Third Avenue N/S 2 hours
Third Avenue E Street Center Street East 2 hours
Third Avenue Center Street Madrona Avenue East 30 minutes
or 2 hours
Third Avenue Madrona Avenue Alvarado Street East 2 hours
Third Avenue E Street 125 ft. S/S curbline of
Roosevelt Street
West 2 hours
Page 319 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
April November
20242016 MASTER FEE SCHEDULE FEE BULLETIN 13-100 Page 2 of 3
City of Chula Vista www.chulavistaca.gov 619.476.5360
2. Public Parking Lots
LOT NO. PUBLIC PARKING LOT LOCATION DURATION
1 Near southwest corner of Landis and E Streets 10 hours
2 Northeast corner of Landis and Davidson Streets 4 hours
3 200 block of Landis (north of F Street) 10 hours
4 340 F Street (near southwest corner of E Street) 3 hours and/or
unlimited
5 Near southeast corner of Third and Madrona 4 hours
6 Northwest corner of Church and Madrona Streets 10 hours
7 Southwest corner of Church and Center Streets 10 hours
8 281-287 Church Avenue (between Church and Del Mar) 10 hours
9 Southwest corner of Church and Davidson Streets 4 hours
10 Northwest corner of Church and Davidson Streets 10 hours
11 222 Church Avenue (between E and Davidson Streets) 10 hours
NPSC Norman Park Senior Center (between F Street and Center Streets) 2 hours
PARKING CITATIONS
1. Unpaid Parking Meter
Chula Vista fee, per citation
Paid within 30 days of notice of violation ............. $25
Not paid within 30 days of notice of violation ...... $50
2. Overtime Parking
Chula Vista fee, per citation
Paid within 30 days of notice of violation ............. $25
Not paid within 30 days of notice of violation ...... $50
3. Other Parking Violations
All other citations for parking violations shall be as
per Section 10.62 of the Chula Vista Municipal Code
4. State & County Pass-Through Fees, per citation
Automobile registration or equipment violation
(“fix-it ticket”) ......................... 50% of Chula Vista fee
Violation of disabled and veterans’ parking
provisions .................... $2 per $10 in Chula Vista fees
All other parking citations ................................ $12.50
RESIDENTIAL PERMIT PARKING DISTRICTS
Pursuant to Chapter 10.87 of the Chula Vista Municipal Code, Residential Permit Parking Districts (RPPDs)
may be established to limit on-street parking by non-residents. Only residents of the RPPD are eligible to
purchase parking permits.
A nonrefundable fee shall accompany each
application for a residential parking permit. All
permits, except Temporary permits, are subject to a
renewal fee every twelve (12) months.
Resident permits, annual maximum ........................... 3
Guest permits, annual maximum ................................ 1
Temporary permits (2-week limit), annual maximum .. 4
1. Southwestern College Estates Residential Permit
Parking District
Application, resident or guest permit .............. $20.00
Renewal, annual, resident or guest permit ..... $20.00
Temporary permit (2-week limit) .................... $20.00
Page 320 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
April
2016November
2024
MASTER FEE SCHEDULE FEE BULLETIN 13-100 Page 3 of 3
City of Chula Vista www.chulavistaca.gov 619.476.5360
RECREATIONAL VEHICLE PARKING PERMIT
Pursuant to Section 10.52.495 of the Chula Vista Municipal Code, parking of recreational vehicles on City
streets is prohibited except by permit. Only City of Chula Vista residents are eligible to purchase parking
permits.
A nonrefundable fee shall accompany each
application for a recreational parking permit.
Permits shall not exceed 24 hours.
Recreational vehicle parking permit .................. $2.00
Page 321 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
From: alan mil
Sent: Monday, November 4, 2024 8:39 AM
Subject: CHULA VISTA MEETING TUESDAY AFTER VOTING OWN PAY RAISE: VOTE TO DOUBLE
PARKING FEES DOWNTOWN
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
CHULA VISTA MAYOR
CHULA VISTA CITY COUNCILS
SAN DIEGO COUNTY SUPERVISORS
STATE REPRESENTATIVES SOUTH BAY
BCC TO COMMUNITY FED UP TAX LIES
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment Chula Vista City Meeting AGENDA 7.2 NOVEMBER 5 TUESDAY 5PM
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=2979b583-e8a9-406e-ab9a-
c68738b2374a&Agenda=Merged&lang=English
CITY MEETING 5PM
TUESDAY 11-5-2024
276 FOURTH AVE CHULA VISTA
Page 322 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
CONTACT CHULA VISTA MAYOR CITY COUNCIL REPS
https://www.chulavistaca.gov/departments/mayor-council
John McCaan (619) 691-5044 jmccann@chulavistaca.gov
Carolina Chavez (619) 585-5717 cchavez@chulavistaca.gov
Jose Preciado (619) 585-5713 jpreciado@chulavistaca.gov
Alonzo Gozalez (619) 691-5044 agonzalez@chulavistaca.gov
Rachel Morineau (619) 691-5044 district4@chulavistaca.gov
Page 323 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
AFTER VOTING THEIR OWN PAY RAISE
SEPT 17 2004 AGENDA 8.3 https://pub-
chulavista.escribemeetings.com/filestream.ashx?DocumentId=45506
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=b26b8ad4-6485-42fd-89e3-
fff1312e1a0d&Agenda=PostMinutes&lang=English
AFTER VOTING FOR MEASURE A COUNTY SALES TAX
OCT 1 2024 AGENDA 8.2 https://pub-
chulavista.escribemeetings.com/filestream.ashx?DocumentId=46625
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=96d6c67c-c9a7-41a0-b15f-
3a26a1bf14a3&Agenda=PostAgenda&lang=English
AFTER VOTING TO INCREASE CITY MANAGER PAY (ALREADY HIGHEST PAID)
OCT 8 2024 AGENDA https://pub-
chulavista.escribemeetings.com/filestream.ashx?DocumentId=46626
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=08f8a6e9-8cd8-4c8f-a474-
fc4321daad3e&Agenda=PostAgenda&lang=English
AFTER SHUT BUSINESS COVID YEARS YET DID NOT STOP BUSINESS TAX
AFTER REMOVAL OUTDOOR DINING THEN PLAN TAX FEE NEW PARKLETS
CITY HALL VOTE TO DOUBLE PARKING FEES
3RD AVE BUSINESS FORCED INTO STREET BUSINESS TAX NOT STOPPED
Page 324 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
BIG BOX STORES OPEN WHILE SMALL BUSINESS FORCED CLOSED
HISTORY OF CHULA VISTA TAX LIES
CITY TRICKED VOTERS REMOVED TEN YEAR PRECEDENCE OPEN BIDDING
https://ballotpedia.org/Chula_Vista_Public_Works_Contracts_and_Unions,_Measure_G_(June_201
0)
CITY COUNCIL MCCANN DENIED REBUTTAL TO WARN VOTERS IN THE VOTER PAMPHLET
https://ballotpedia.org/Chula_Vista,_California,_Measure_E,_Project_Labor_Agreements_Measure
_(March_2020)
Page 325 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
TRICKED VOTERS CLAIM MONEY FOR POLICE
STOLE SALES TAX DIVERTED TO GENERAL FUND
MEASURE A FOREVER TAX A YEARS AGO PROMISED POLICE FUNDING
YET CHULA VISTA OWN REPORT STILL UNDERSTAFFED YEARS LATER!
"Day Of Measure A Election Mayor Mary Salas: ;We Will Hire Police Even If Measure A Not Passed.'
Week After Measure A Passed City Auditor stated '"We Cannot Hire More Police Funds Diverted'
WHERE IS THE MONEY? - NO TO ALL BOND TAX LIES LIES!"
https://www.sandiegouniontribune.com/communities/south-county/chula-vista/story/2020-
01-09/chula-vista-considers-using-measure-a-tax-dollars-to-hire-workers-who-are-not-
police-officers-or-firefighters
Page 326 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
Page 327 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
Page 328 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
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
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE
KAMALA HARRIS CAUSED THE HOMELESS DRUG TENTS
CHARTS AND GRAPHS https://growsf.org/blog/prop -47/
https://thefederalist.com/2024/08/09/california-can-thank-kamala-harris-for-its-crime-
problem/
PROP 47 measure required misdemeanor sentencing instead of felony for the following crimes:[16][17]
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Init
iative_(2014)
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
https:/ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Trea
tment-Mandated_Felonies_Initiative_(2024)
Page 329 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
https://ballotpedia.org/Elections
Page 330 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Curry – Received 11/4/24
https://vote.gov/
Page 331 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
From: Cindy Dambrosia
Sent: Tuesday, November 5, 2024 9:00 AM
Subject: RE: CHULA VISTA MEETING TUESDAY AFTER VOTING OWN PAY RAISE: VOTE TO DOUBLE
PARKING FEES DOWNTOWN
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
Please help us stop this out-of-control City Council. Thank you.
Sincerely,
Cindy
COPY TO
NEWS
CHULA VISTA MAYOR
CHULA VISTA CITY COUNCILS
SAN DIEGO COUNTY SUPERVISORS
STATE REPRESENTATIVES SOUTH BAY
BCC TO COMMUNITY FED UP TAX LIES
@CHULA VISTA CITY CLERK - Please place entire email with links and pictures into Public Record
Comment Chula Vista City Meeting AGENDA 7.2 NOVEMBER 5 TUESDAY 5PM
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=2979b583-e8a9-406e-ab9a-
c68738b2374a&Agenda=Merged&lang=English
CITY MEETING 5PM
TUESDAY 11-5-2024
276 FOURTH AVE CHULA VISTA
Page 332 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
CONTACT CHULA VISTA MAYOR CITY COUNCIL REPS
https://www.chulavistaca.gov/departments/mayor-council
John McCaan (619) 691-5044 jmccann@chulavistaca.gov
Carolina Chavez (619) 585-5717 cchavez@chulavistaca.gov
Jose Preciado (619) 585-5713 jpreciado@chulavistaca.gov
Alonzo Gozalez (619) 691-5044 agonzalez@chulavistaca.gov
Rachel Morineau (619) 691-5044 district4@chulavistaca.gov
Page 333 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
AFTER VOTING THEIR OWN PAY RAISE
SEPT 17 2004 AGENDA 8.3 https://pub-
chulavista.escribemeetings.com/filestream.ashx?DocumentId=45506
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=b26b8ad4-6485-42fd-89e3-
fff1312e1a0d&Agenda=PostMinutes&lang=English
AFTER VOTING FOR MEASURE A COUNTY SALES TAX
OCT 1 2024 AGENDA 8.2 https://pub-
chulavista.escribemeetings.com/filestream.ashx?DocumentId=46625
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=96d6c67c-c9a7-41a0-b15f-
3a26a1bf14a3&Agenda=PostAgenda&lang=English
AFTER VOTING TO INCREASE CITY MANAGER PAY (ALREADY HIGHEST PAID)
OCT 8 2024 AGENDA https://pub-
chulavista.escribemeetings.com/filestream.ashx?DocumentId=46626
https://pub-chulavista.escribemeetings.com/Meeting.aspx?Id=08f8a6e9-8cd8-4c8f-a474-
fc4321daad3e&Agenda=PostAgenda&lang=English
AFTER SHUT BUSINESS COVID YEARS YET DID NOT STOP BUSINESS TAX
AFTER REMOVAL OUTDOOR DINING THEN PLAN TAX FEE NEW PARKLETS
CITY HALL VOTE TO DOUBLE PARKING FEES
3RD AVE BUSINESS FORCED INTO STREET BUSINESS TAX NOT STOPPED
Page 334 of 352
City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
BIG BOX STORES OPEN WHILE SMALL BUSINESS FORCED CLOSED
HISTORY OF CHULA VISTA TAX LIES
CITY TRICKED VOTERS REMOVED TEN YEAR PRECEDENCE OPEN BIDDING
https://ballotpedia.org/Chula_Vista_Public_Works_Contracts_and_Unions,_Measure_G_(June_201
0)
CITY COUNCIL MCCANN DENIED REBUTTAL TO WARN VOTERS IN THE VOTER PAMPHLET
https://ballotpedia.org/Chula_Vista,_California,_Measure_E,_Project_Labor_Agreements_Measure
_(March_2020)
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Written Communications – Item 7.2
Dambrosia – Received 11/5/24
TRICKED VOTERS CLAIM MONEY FOR POLICE
STOLE SALES TAX DIVERTED TO GENERAL FUND
MEASURE A FOREVER TAX A YEARS AGO PROMISED POLICE FUNDING
YET CHULA VISTA OWN REPORT STILL UNDERSTAFFED YEARS LATER!
"Day Of Measure A Election Mayor Mary Salas: ;We Will Hire Police Even If Measure A Not Passed.'
Week After Measure A Passed City Auditor stated '"We Cannot Hire More Police Funds Diverted'
WHERE IS THE MONEY? - NO TO ALL BOND TAX LIES LIES!"
https://www.sandiegouniontribune.com/communities/south-county/chula-vista/story/2020-
01-09/chula-vista-considers-using-measure-a-tax-dollars-to-hire-workers-who-are-not-
police-officers-or-firefighters
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Written Communications – Item 7.2
Dambrosia – Received 11/5/24
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November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
--
Couple great links below my signature BOOKMARK AND SHARE
Ballotpedia to Research Facts every Candidate and Proposition :)
Alan Curry
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City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
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
RESULTED HUGE INCREASE CA CRIME DRUG ABUSE
KAMALA HARRIS CAUSED THE HOMELESS DRUG TENTS
CHARTS AND GRAPHS https://growsf.org/blog/prop -47/
https://thefederalist.com/2024/08/09/california-can-thank-kamala-harris-for-its-crime-
problem/
PROP 47 measure required misdemeanor sentencing instead of felony for the following crimes:[16][17]
https://ballotpedia.org/California_Proposition_47,_Reduced_Penalties_for_Some_Crimes_Init
iative_(2014)
• Shoplifting, where the value of property stolen does not exceed $950
• Grand theft, where the value of the stolen property does not exceed $950
• Receiving stolen property, where the value of the property does not exceed $950
• Forgery, where the value of forged check, bond or bill does not exceed $950
• Fraud, where the value of the fraudulent check, draft or order does not exceed $950
• Writing a bad check, where the value of the check does not exceed $950
• Personal use of most illegal drugs
https:/ballotpedia.org/California_Proposition_36,_Drug_and_Theft_Crime_Penalties_and_Trea
tment-Mandated_Felonies_Initiative_(2024)
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City of Chula Vista - City Council
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Written Communications – Item 7.2
Dambrosia – Received 11/5/24
https://www.nonewtaxessd.com/
https://www.sandiegouniontribune.com/2024/10/04/endorsement-reject-measure-g-sandag-
is-dishonest-dysfunctional/
https://www.stopthesalestax.org/
https://ballotpedia.org/Elections
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City of Chula Vista - City Council
November 5, 2024 Post Agenda
Written Communications – Item 7.2
Dambrosia – Received 11/5/24
https://vote.gov/
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City of Chula Vista - City Council
November 5, 2024 Post Agenda
Item 7.2 -Downtown Parking District
Meter Rates
Presented by:
Adrian Del Rio, Assistant Director, Finance Department
Jimmy Vasquez, Revenue Manager, Finance Department
1
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2
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CVMC Section 10.56.020 establishes
the parking meter rates:
Thirty (30) Minute Meters: A $0.25 deposit up to
the maximum time limit established for the zone in
which the meter is located
Two, Three, and Four-Hour Meters: A $0.25 deposit
for each 30-minute interval or a $0.50 deposit for
each one-hour interval up to the maximum legal
time limit established for the zone in which the
meter is located;
Ten (10) Hour Meters: A $0.25 deposit for each one-
hour period up to the maximum legal time limit
established for the zone in which the meter is
located.
CVMC Section 10.56.040 establishes
metered zone and parking lots:
List Streets and Time Limits
List Parking Lots and Time Limits
Master Fee Schedule Bulletin 13
3
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November 5, 2024 Post Agenda
On-Street Parking Meters –Single Space Meters
Time Restriction Rate #
2 Hours $0.50/hour 480
Off-Street Parking Meters /Lots –Multi-Space Meters
Off-Street Parking Time Restriction Rate #
Pay Lot 1 10 Hours $0.25/hour 14
Pay Lot 2 4 Hours $0.50/hour 74
Pay Lot 3 10 Hours $0.25/hour 118
Pay Lot 5 4 Hours $0.50/hour 42
Pay Lot 8 10 Hours $0.25/hour 53
Pay Lot 10 10 Hours $0.25/hour 28
Park Plaza Parking
Structure
3 Hours Free 670
Rates Established 17
Years Ago, December
of 2007
Lowest Parking Meter
Rates in the County
4
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Parking Meter Revenue
Uses
Per CVMC Section 10.56.260, all revenue collected from parking meters in the City
are to be deposited in the Parking Meter Fund:
•For the purchasing, leasing, installing, repairing, maintaining, operating,
removing, regulating and policing of parking meters in this City and for the
payment of any and all expenses relating or incidental thereto.
•For the purchasing, leasing, acquiring, improving, operating and maintaining
of off-street parking facilities in the City.
•For the installation and maintenance of traffic control devices and signals.
•For the painting and marking of streets and curbs required for the direction of
traffic and parking of motor vehicles.
•For the proper regulation, control and inspection of parking and traffic upon
the public streets.
•To be pledged as security for the payment of principal and interest on off-
street parking revenue bonds issued by the City or any parking district
organized within the City
5
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Downtown
Parking
District Capital
Needs
6
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7
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Beginning Fund Balances 1,300,000$ 1,239,700$ 365,000$ 126,200$ 33,600$
Revenues 780,400$ 790,400$ 800,400$ 810,600$ 820,900$
Expenditures 840,700$ 1,665,100$ 1,039,200$ 903,200$ 917,400$
Projected Surplus / (Deficit)(60,300)$ (874,700)$ (238,800)$ (92,600)$ (96,500)$
Ending Fund Balance 1,239,700$ 365,000$ 126,200$ 33,600$ (62,900)$
Operating Reserve - Target $400K 439,700$ 365,000$ 126,200$ 33,600$ -$
Capital Reserve - Target $800K 800,000$ -$ -$ -$ -$
Total Reserve Funds 1,239,700$ 365,000$ 126,200$ 33,600$ -$
Parking Meter Fund Analysis (Current Meter Rates)
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City of Chula Vista - City Council
November 5, 2024 Post Agenda
On-Street Parking Meters –Single Space Meters
Time Restriction Rate #
2 Hours $0.75/hour 480
Off-Street Parking Meters /Lots –Multi-Space Meters
Off-Street Parking Time Restriction Rate #
Pay Lot 1 10 Hours $0.50/hour 14
Pay Lot 2 4 Hours $0.75/hour 74
Pay Lot 3 10 Hours $0.50/hour 118
Pay Lot 5 4 Hours $0.75/hour 42
Pay Lot 8 10 Hours $0.50/hour 53
Pay Lot 10 10 Hours $0.50/hour 28
Park Plaza Parking
Structure
3 Hours Free 670
Propose Rates Increase:
2 and 4 Hour Meters from $0.50 to $0.75 per
hour
10 Hour Meters from $0.25 to $0.50 per
hour
Implements
Downtown PMP
Recommendation #3
8
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9
FY 2025 FY 2026 FY 2027 FY 2028 FY 2029
Beginning Fund Balances 1,300,000$ 1,372,100$ 765,100$ 796,900$ 828,000$
Revenues 912,800$ 1,058,100$ 1,071,000$ 1,084,300$ 1,097,700$
Expenditures 840,700$ 1,665,100$ 1,039,200$ 1,053,200$ 1,067,400$
Projected Surplus / (Deficit)72,100$ (607,000)$ 31,800$ 31,100$ 30,300$
Ending Fund Balance 1,372,100$ 765,100$ 796,900$ 828,000$ 858,300$
Operating Reserve - Target $400K 572,100$ 400,000$ 400,000$ 400,000$ 400,000$
Capital Reserve - Target $800K 800,000$ 365,100$ 396,900$ 428,000$ 458,300$
Total Reserve Funds 1,372,100$ 765,100$ 796,900$ 828,000$ 858,300$
Parking Meter Fund Analysis (Proposed Meter Rates)
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November 5, 2024 Post Agenda
Staff Recommendation
•Ordinance amending Chapter 10.56 and Chapters 10.52 of CVMC to increase
parking meter rates and reflect current parking meter zones and time limits
•2 and 4 Hour Meters from $0.50 to $0.75 per hour
•10 Hour Meters from $0.25 to $0.50 per hour
•Resolution amending Chapter 13 of Chula Vista Master Fee Schedule to in
parking meters rates
10
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Questions?
11
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